Types of technology transfer services in Vietnam

Types of technology transfer services 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 includes:

- 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. Types of technology transfer services in Vietnam

Specifically, in Article 45 of the Law on Technology Transfer 2017, the types of technology transfer services include:

- Technology transfer brokerage refers to a set of activities which provide assistance in seeking parties interested in technology transfer.(Clause 20, Article 2 of the Law on Technology Transfer 2017)

- Technology transfer consultancy refers to a set of activities which provide assistance in selecting and applying technology; collecting information about technology, patients and/or findings on scientific research and technological development; negotiating, concluding and performing technology transfer agreements. (Clause 21, Article 2 of Law on Technology Transfer 2017)

- Technology appraisal refers to the evaluation of level and economic effects of a given technology, its environmental and socio-economic impacts. (Clause 17, Article 2 of the Law on Technology Transfer 2017)

- Technology valuation is the process of estimating the monetary value of a technology by a technology valuation authority or organization in conformity with the market price at a given place and time to serve specific purposes as defined in the applicable valuation standards. (Clause 18, Article 2 of the Law on Technology Transfer 2017)

- Technology assessment refers to the process of identifying criteria of a given technology which have been satisfied through its applications against those agreed upon by the parties. (Clause 19, Article 2 of the Law on Technology Transfer 2017)

- Promotion of technology transfer refers to a set of activities which create and improve the transfer of technology; provide services of advertising, exhibition and introduction of technology; organize technology markets, trade fairs and exhibitions, points of technology supply and demand, and technology transfer centers. (Clause 22, Article 2 of the Law on Technology Transfer 2017)

3. Rights and obligations of technology transfer service provider in Vietnam

3.1. Rights of technology transfer service provider in Vietnam

Each technology transfer service provider shall have the following rights:

- Request service users to provide necessary information and/or documents to serve the provision of technology transfer services;

- Receive income and other interests from provision of technology transfer services as agreed;

- Hire collaborators and/or experts to serve the provision of technology transfer services;

- Have the right to use technology database in accordance with regulations of law;

- Request service users to make compensation for damage caused by their mistake;

- Cooperate or form joint-ventures with other entities or individuals to develop technology transfer services;

- Participate in domestic and/or international industry associations in accordance with regulations of law;

- Exercise other rights in accordance with regulations herein and relevant laws.

Providers of technology transfer brokerage, consultancy and/or promotion services shall have the rights mentioned in above and be entitled to earn profits from the application, transfer of right to use of, transfer or capital contribution by findings on scientific research and technological development funded by state budget.

(Article 46 of the Law on Technology Transfer 2017)

3.2. Obligations of technology transfer service provider

Each technology transfer service provider shall discharge the following obligations:

- Perform the signed technology transfer service contracts;

- Assume responsibility for the provision of technology transfer services;

- Make compensation for damage to service users due to its mistake;

- Maintain and return documents and/or facilities to service users upon the completion of service provision as agreed;

- Timely inform service users of insufficient information and/or documents resulting in failure to provide services;

- Keep secret of information as agreed upon in the technology transfer service contract;

- Fulfill financial obligations and other obligations as regulated by law.

In addition to the fulfillment of obligations prescribed in above, providers of technology appraisal, valuation or assessment services must discharge the following obligations:

- Apply for certificate of eligibility to provide technology appraisal, valuation and/or assessment services as regulated by law;

- Send annual reports on provision of technology appraisal, valuation and/or assessment services to science and technology authorities.

(Article 47 of the Law on Technology Transfer 2017)

Thanh Rin

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