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Registration of technology transfer in Vietnam

02-06-23 MTParners

Based on the Law on Technology Transfer 2017, technology transfers in the following cases must carry out the procedure of registering technology transfer:

1. Technology transfer from abroad to Vietnam;
2. Technology transfer from Vietnam to foreign countries;
3. Domestic technology transfer using state capital or state budget, except for cases that have been granted a Certificate of registration of results of performing scientific and technological tasks.

Based on Article 31 (3) of the Law on Technology Transfer 2017, the dossier of registration of technology transfer includes:

1. A written request for registration of technology transfer, which clearly states the commitment of the parties to ensure that the contract content complies with relevant laws;
2. The original or authenticated copy of the document concluding the technology transfer showing the content as prescribed in Article 23 of the Law; in case there is no document concluding in Vietnamese, there must be a translation into Vietnamese and notarized or authenticated.

(Organizations and individuals are entitled to voluntarily register contracts for technology transfer if they do not fall under the above-mentioned cases of mandatory registration).

Registration period: Within 90 days from the date of signing the document concluding the technology transfer.

Agency in charge:

* For technology transfer through the implementation of investment projects:

• The Ministry of Science and Technology shall grant a Certificate of registration of technology transfer for technology transfer of investment projects in Vietnam under the authority to decide on investment policy of the National Assembly, the Prime Minister, ministries, central agencies according to the provisions of the law on investment, the law on public investment and investment projects abroad;

• The Department of Science and Technology shall grant a Certificate of registration of technology transfer for technology transfer of investment projects under its management area under the authority to decide on investment policy of the People’s Councils at all levels, People’s Committees at all levels, Management Board of industrial zones, export processing zones, high-tech zones, economic zones according to the provisions of the law on investment, the law on public investment; projects subject to granting certificates of investment registration not falling under the case of having to have a decision on investment policy of a competent state management agency; voluntary registration cases.

* For independent technology transfer and other forms as prescribed by law:

• The Ministry of Science and Technology shall grant a Certificate of registration of technology transfer for technology transfer from abroad to Vietnam, technology transfer from Vietnam to foreign countries;

• The Department of Science and Technology shall grant a Certificate of registration of technology transfer for domestic technology transfer using state capital or state budget and voluntary registration cases with domestic technology transfer.

* For technology transfer in the case of state secrets in the field of national defense or technology transfer in the case of procurement of assets from a special budget for national defense, the Ministry of National Defense shall grant a Certificate of registration of technology transfer.

Above is the entire content related to the procedure of registering technology transfer in Vietnam. MT&Partners hope that the content in the article will be useful to our readers.