06 State policies on technology transfer in Vietnam

06 State policies on technology transfer in Vietnam (Internet image)

1. What is technology transfer?

According to Clause 7 Article 2 of the Law on Technology Transfer 2017, Technology transfer refers to the transfer of the ownership or the right to use a given technology from the party that has the right to transfer such technology to the transferee.

In which, technology transfer takes the following forms:

- Domestic technology transfer refers to the transfer of technology which is made within the territory of Vietnam.

- Transfer of technology from foreign countries to Vietnam refers to the transfer of a given technology across border to Vietnam.

- Transfer of technology from Vietnam to foreign countries refers to the transfer of a given technology which is developed within the territory of Vietnam across border to a foreign country.

(Clause 8, 9 and 10 Article 2 of the Law on Technology Transfer 2017)

2. State policies on technology transfer in Vietnam

Specifically, in Article 3 of the Law on Technology Transfer 2017, the State policies on technology transfer include:

(1) Ensure rights and legal interests and facilitate organizations and individuals in carrying out technology transfer; develop science and technology market and the national innovative system which focuses on enterprises; improve the national technological level and potential with the aims of protecting the national defense and security and ensuring rapid and sustainable socio-economic development.

(2) Diversify technology transfer forms and methods; encourage the technology transfer from various sources.

(3) Give priority to the transfer of high technology, advanced technology, new technology, clean technology and technology serving the development of national key products, and technology serving national defense and security tasks both from foreign countries into Vietnam and domestic transfer of such technology; allocate adequate resources for technology transfer activities in agriculture and rural development; attach special importance to technology transfer activities performed at regions facing difficult or extremely difficult socio-economic conditions.

(4) Assist technology ideas, innovative startups, technology incubation, and science and technology business incubation; assist application and innovation of technology, connection between scientific research and technological development organizations and training facilities or manufacturing facilities; attach special importance to the commercialization of domestic findings on scientific research and technological development; develop science and technology market intermediaries.

(5) Speed up the transfer of advanced technology and high technology from foreign countries to Vietnam; encourage the transfer of technology from Vietnam to foreign countries; attach special importance to the development of advanced technology and high technology in a large scale from foreign-invested enterprises to domestic enterprises; speed up innovative operations of organizations and individuals.

(6) Prevent and eliminate obsolete technologies and other technologies that may adversely influence on socio-economic development, national defense and security, environment and human health.

3. Prohibited acts in technology transfer in Vietnam

The following acts are strictly prohibited in technology transfer:

- Abusing technology transfer activities to harm national defense, security interests, human health, environment, social ethnics, customs and habits; harm the lawful rights and interests of an organization or individual; deteriorate natural resources or biodiversity.

- Carrying out the transfer of technologies which are banned from transferring; illegally transferring technologies which are restricted from transferring.

- Committing violations against regulations on rights to transfer technology.

- Committing deceits or frauds in making and performing technology transfer agreements, technology transfer service contracts, and technology-related contents specified in contracts or investment project dossiers.

- Obstructing the provision of, or refusing to provide information concerning technology transfer activities upon requests of regulatory authorities.

- Disclosing technological secrets inconsistently with the law or obstructing technology transfer activities.

- Using/ applying technologies other than those approved or permitted by regulatory authorities.

(Article 12 of the Law on Technology Transfer 2017)

Thanh Rin

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