Elements of appraisal or requiring comment on technology applied to investment project in Vietnam

Elements of appraisal or requiring comment on technology applied to investment project in Vietnam (Internet image)

1. Elements of appraisal or requiring comment on technology applied to investment project in Vietnam

Elements of appraisal or requiring comment on technology applied to investment project according to Article 19 of Law on Technology Transfer 2017 are as follows:

- Elements of appraisal or requiring comment on technology in the phase of issuing investment policy include:

+ The rationality of selected technology plan;

+ Technology verification in developed countries (if any);

+Training or provision of technical assistance for operating technology lines of the investment project (if any);

+ The satisfaction of requirements for application of technology;

+ Preliminary environmental impact assessment;

+ Technology transfer agreement draft (if any);

+ With regard to an investment project in the high-tech park, elements of appraisal or requiring comment on technology shall comply with provisions in this clause and satisfy criteria or standards under regulations of the law on high technology.  

- Elements of appraisal or requiring comment on technology in the phase of making investment decision include:

+ The consistency of technology, machinery, equipment with the plan selected in the phase of issuing investment policy; national technical standards/ regulations and other regulations of relevant laws;

+ Products and their quality standards;

+ The compatibility and possibility of supplying materials and fuels to operate technology line, machinery, equipment;

+ Training or providing technical assistance for operating technology line, machinery, equipment;

+ Costs of investment in technology, machinery, equipment, training and technical assistance.

2. Processes of appraisal or giving opinion about technology applied to investment project in Vietnam

Article 20 of the Law on Technology Transfer 2017 stipulates the processes of appraisal or giving opinion about technology applied to investment project as follows:

- Agencies that have the power to appraise or comment on technologies applied to investment projects as prescribed by law shall take charge of holding appraisal of or comment on technologies applied to investment projects; where necessary, the consultation may be held in any of the following methods:

+ Setting up a science and technology consulting board;

+ Collecting opinions from independent consultants.

- The consulting board is established according to decision of the presiding agency in charge of commenting on technology. The consulting board must work on a democratic, impartial and fair manner in conformity with the laws and professional ethics.

The consulting board shall be responsible for its conclusion and proposals to the establishing agency. Such conclusion and proposals must be made in writing.

- Members of the consulting board shall assume liabilities before the law for their opinions and keep secret of information concerning the investment project. They must give written opinions.

- Funding for collecting opinions on technology applied to an investment project:

+ In the phase of issuing investment policy, the collection of opinion on technology shall be funded by state budget;

+  In the phase of issuing investment decision, expenditure for collecting opinion on technology shall be covered by the investor and included in the project’s total investment.

3. Inspection of technology applied to investment project and technology transfer in Vietnam

Inspection of technology applied to investment project and technology transfer according to Article 21 of the Law on Technology Transfer 2017:

- The application and transfer of technology to an investment project under regulations in Article 13 of the Law on Technology Transfer 2017 must be properly inspected.

- Investment authorities shall take charge of and cooperate with specialized authorities in inspecting technologies applied to investment projects when conducting the investment inspection under regulations of law.

- Science and technology authorities shall take charge of and cooperate with relevant authorities to inspect the technology transfer in the following cases:

+ According to plans;

+ Upon detection of signs of violations against regulations on application and transfer of technologies in course of implementation of investment projects and technology transfer.

Quoc Dat

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