Law on Technology Transfer No. 07/2017/QH14

LAW

TECHNOLOGY TRANSFER

 

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Technology Transfer Law.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates technology transfer activities within Vietnam, from abroad to Vietnam, and from Vietnam to abroad; rights and obligations of organizations and individuals participating in technology transfer activities; project technology assessment; technology transfer contracts; measures to encourage technology transfer, develop the science and technology market; state management of technology transfer.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. Trade Secret is information accumulated, discovered during research, production, business operations that significantly affects the quality and competitive ability of technology, technological products. Trade secrets include technical trade secrets and technological trade secrets.

2. Technology is a solution, process, secret accompanied or not accompanied by tools, means used to transform resources into products.

3. Advanced Technology is technology with a higher level than the current similar technology in Vietnam, applied in practice, improving productivity, product quality, and being environmentally friendly.

4. New Technology is technology created or applied for the first time in Vietnam or globally, with a higher level than the current similar technology in Vietnam, environmentally friendly, practical applicability, and the ability to improve productivity and product quality.

5. Clean Technology is technology emitting low levels of pollutants according to legal standards and technical regulations, using fewer non-renewable resources compared to existing technology.

6. High-Tech is technology with a high content of scientific research and technological development; integrated from modern scientific and technological achievements; producing products with superior quality, performance, high added value, and environmental friendliness; playing an important role in forming new or modernizing existing manufacturing and service industries.

7. CTechnology Transfer is the transfer of ownership or the right to use technology from the party transferring technology to the party receiving technology.

8. Domestic Technology Transfer is the transfer of technology carried out within the territory of Vietnam.

9. Technology Transfer from Abroad to Vietnam is the transfer of technology across borders into the territory of Vietnam.

10. CTechnology Transfer from Vietnam to Abroad is the transfer of technology from the territory of Vietnam across borders to other countries.

11. Commercialization of Scientific Research and Technological Development Results is the exploitation, improvement, application, transfer, and related activities aimed at generating profit from scientific research and technological development results.

12. Technology Incubation is the process of creating, improving, and commercializing technology from technological ideas, scientific research and development results, or incomplete technology through necessary infrastructure, resource, and service support activities.

13. Science and Technology Business Incubation is the process of forming and developing science and technology businesses through necessary infrastructure, resource, and service support activities.

14. Technology Incubation Base, Science and Technology Business Incubation Base is a facility providing conditions in accordance with legal provisions on necessary infrastructure, resources, and services to serve technology incubation and science and technology business incubation.

15. Technological Innovation is the activity of replacing part or all of the currently used technology with another part or all of different technology to enhance productivity, product quality, and competitiveness.

16. Decoding Technology is the process of finding the principle of technology through research, analysis of structure, design, function, and operation of a device, object, system to be decoded for maintenance, exploitation, improvement, or creation of a new device, object, system with equivalent features or meeting national technical standards and regulations.

17. Technology Assessment is the activity of determining the level, economic efficiency, and impact of technology on the environment, economy, and society.

18. Technology Appraisal is the activity of a competent appraisal agency determining the monetary value of technology consistent with market prices at a specific location and time, serving a specific purpose according to appraisal standards.

19. Technology Inspection is the activity of verifying whether the indicators achieved during the application of technology meet the agreed indicators.

20. Technology Transfer Brokerage is the activity of supporting the search for partners to carry out technology transfer.

21. Technology Transfer Consulting is the activity of supporting the selection and application of technology; exploitation of technology information, patent information, scientific research and technological development results; negotiation, signing, and implementation of technology transfer.

22. Promotion of Technology Transfer is the activity of promoting opportunities for technology transfer; providing advertising, display, introduction of technology services; organizing technology markets, fairs, exhibitions, supply-demand connection points, technology trading centers.

Article 3. State policy on technology transfer activities

1. Ensuring the rights and legitimate interests, favorable conditions for organizations and individuals engaged in technology transfer activities; developing the science and technology market, the national innovation system with enterprises at the center; enhancing the technological level and potential of the country to ensure national defense, security, rapid and sustainable socio-economic development.

2. Diversifying forms and methods of technology transfer; encouraging technology transfer from various sources.

3. Prioritizing the transfer of advanced technologies, new technologies, clean technologies, technologies serving the development of national key products, technologies serving national defense and security transferred from abroad into Vietnam and within the country; allocating investment resources for technology transfer activities in agriculture and rural areas; focusing on technology transfer activities in areas with difficult socio-economic conditions, particularly difficult conditions.

4. Supporting technological ideas, innovative startups, nurturing technologies, nurturing science and technology enterprises; activities applying and innovating technologies, linking scientific research organizations and technology development with educational institutions and production bases; emphasizing the commercialization of research results and technology development created domestically; developing intermediary organizations of the science and technology market.

5. Promoting the transfer of advanced and high-tech technologies from abroad into Vietnam; encouraging technology transfer from Vietnam to other countries; promoting domestic technology transfer; focusing on spreading advanced and high-tech technologies from foreign-invested enterprises to domestic enterprises; promoting the innovation movement of organizations and individuals.

6. Preventing and eliminating outdated technologies, technologies that have negative impacts on the economy, society, national defense, security, environment, and human health.

Article 4. Objects of Technology Transfer

1. The objects of technology transfer are one or more of the following:

a) Technical secrets, technological secrets;

b) Process schemes, technological procedures; solutions, parameters, technical drawings, technical diagrams; formulas, computer software, data information;

c) Production rationalization solutions, technological innovations;

d) Machinery and equipment accompanying one of the objects specified in points a, b, and c of this Clause.

2. In cases where the objects of technology specified in Clause 1 of this Article are protected under intellectual property laws, the transfer of intellectual property rights shall be carried out in accordance with the provisions of the intellectual property laws.

Article 5. Forms of Technology Transfer

1. Independent technology transfer.

2. Technology transfer components in the following cases:

a) Investment projects;

b) Capital contribution in technology;

c) Franchising;

d) Transfer of intellectual property rights;

đ) Purchase and sale of machinery and equipment as stipulated in point d of Clause 1 of Article 4 of this Law.

3. Technology transfer through other forms as prescribed by law.

4. Technology transfer as stipulated in Clause 1 and point b of Clause 2 of this Article must be formalized in a contract; technology transfer in points a, c, d, and đ of Clause 2 and Clause 3 of this Article shall be reflected in the form of a contract or clause, article, or appendix of a contract or project proposal containing the contents prescribed in Article 23 of this Law.

Article 6. Methods of Technology Transfer

1. Transfer of technology-related documents.

2. Training for the recipient to fully understand and master the technology within the agreed period.

3. Dispatching technical advisors to assist the recipient in applying and operating the technology to achieve the agreed quality standards and progress.

4. Transfer of machinery and equipment accompanying the technology as stipulated in point d, Clause 1, Article 4 of this Law, along with the methods provided in this Article.

5. Other transfer methods agreed upon by the parties.

Article 7. Rights to Transfer Technology

1. The owner of the technology has the right to transfer ownership rights and grant the right to use the technology.

2. Organizations and individuals have the right to transfer the right to use the technology they have been granted to other organizations or individuals when the technology owner consents.

3. The scope of transferring the right to use the technology shall be agreed upon by the parties and includes:

a) Exclusive or non-exclusive use of the technology;

b) The right of the transferee to further transfer the right to use the technology to a third party.

Article 8. Contributing Capital with Technology in Investment Projects

Organizations and individuals who have the right to transfer technology as stipulated in Article 7 of this Law have the right to contribute capital with technology in investment projects; in cases where the investment project uses state capital, the technology contributed must be appraised according to the provisions of the law.

Article 9. Encouraged Technology Transfer

1. High technologies and machinery, equipment accompanying high technologies are encouraged to be transferred according to the law on high technologies.

2. Advanced technologies, new technologies, clean technologies suitable for Vietnam's economic and social conditions are encouraged to be transferred from abroad into Vietnam, and domestically when meeting one of the following requirements:

a) Creating products of higher quality and competitive advantage compared to those produced using existing similar technologies;

b) Creating national, key, and main products from domestic scientific research and technological development results;

c) Creating services, industries, and trades producing new products, breeding and growing new tested varieties;

d) Saving resources, energy, and materials compared to existing similar technologies in Vietnam;

đ) Producing and using new energy, renewable energy; storing high-efficiency energy;

e) Creating machines and equipment enhancing educational and training quality; medical equipment and pharmaceuticals serving diagnosis, treatment, and health protection, improving the physical fitness of Vietnamese people;

g) Detecting, handling, and forecasting natural disasters, epidemics; rescue operations; environmental protection, adapting to climate change, reducing greenhouse gas emissions;

h) Producing integrated chains with high socio-economic efficiency;

i) Creating products for simultaneous use in defense, security, and civilian purposes;

k) Developing and modernizing traditional handicrafts.

3. Technologies and machinery, equipment accompanying the technology as stipulated in point d, Clause 1, Article 4 of this Law that currently exist in Vietnam, except for those specified in Clause 1 and Clause 2 of this Article, Clause 2 of Article 10 of this Law; technologies using raw materials as domestic products, semi-finished goods, production materials are encouraged to be transferred abroad.

4. The Government shall issue a List of Encouraged Technology Transfers.

Article 10. Restricted Technology Transfer

1. The transfer of technology from abroad to Vietnam and the domestic transfer of technology shall be restricted in the following cases:

a) Technology and machinery, equipment accompanying such technology that are no longer commonly used in developed countries;

b) The use of harmful chemicals or the generation of hazardous waste that meets national technical standards and regulations;

c) The creation of products using genetic modification methods;

d) The use of radioactive materials or the production of radioactive substances that meet national technical standards and regulations;

đ) The use of natural resources and minerals subject to limited exploitation within the country;

e) Reproduction, breeding, and cultivation technologies for new breeds that have not been tested;

g) The creation of products that have negative impacts on customs, traditions, and social morals.

2. The transfer of technology from Vietnam to abroad shall be restricted in the following cases:

a) The production of traditional products made according to traditional recipes or the use and creation of specific agricultural varieties, minerals, and rare materials characteristic of Vietnam;

b) The production of export products competing with Vietnam's main export commodities.

3. The Government shall promulgate the List of Restricted Technology Transfers.

Article 11. Prohibited Technology Transfer

1. The transfer of technology from abroad to Vietnam and the domestic transfer of technology shall be prohibited in the following cases:

a) Technologies that do not comply with laws on labor safety, occupational health, human health protection, resource conservation, environmental protection, and biodiversity;

b) The creation of products causing adverse effects on economic and social development; negatively impacting national defense, security, public order, and social safety;

c) Technologies and machinery, equipment accompanying such technologies that are no longer commonly used in developing countries and do not meet national technical standards and regulations;

d) Technologies using harmful chemicals or generating waste that does not meet national technical standards and regulations on the environment;

đ) The use of radioactive materials or the production of radioactive substances that do not meet national technical standards and regulations.

2. The transfer of state secrets listed in the State Secrets Catalogue from Vietnam to abroad shall be prohibited, except where other laws permit such transfers.

3. The Government shall promulgate the Catalogue of Prohibited Technology Transfers.

Article 12. Prohibited Acts in Technology Transfer Activities

1. Exploiting technology transfer to adversely affect national defense, security, national interests, human health, the environment, morality, and ethnic customs; infringing upon the rights and legitimate interests of organizations and individuals; destroying natural resources and biodiversity.

2. Transferring prohibited technology; illegally transferring restricted technology.

3. Violating provisions on the right to transfer technology.

4. Deceiving or falsifying information in the establishment and implementation of technology transfer contracts, service contracts, technology content in contracts, and investment project documentation.

5. Obstructing or refusing to provide information about technology transfer activities as required by competent state authorities.

6. Disclosing technology secrets in violation of the law, obstructing technology transfer activities.

7. Using technology inconsistent with the technology approved and licensed by competent state management agencies.

Chapter II

TECHNOLOGY APPRAISAL FOR INVESTMENT PROJECTS

Article 13. Reviewing or Providing Opinions on Project Investment Technology

1. During the stage of deciding the investment policy, the review of project investment technology using public investment capital shall be carried out in accordance with the provisions of the Public Investment Law.

2. During the stage of deciding the investment policy as prescribed by the Investment Law, the following projects must be reviewed or provided opinions on their technology by the competent state management agency:

a) Projects investing in restricted technology transfer technologies;

b) Projects investing in technologies that pose a risk of adverse environmental impact as stipulated by the Environmental Protection Law.

3. During the investment decision-making stage, reviewing or providing opinions on technology shall be conducted as follows:

a) Construction projects investing in restricted technology transfer technologies or construction projects posing a risk of adverse environmental impact as stipulated by the Environmental Protection Law must be reviewed or provided opinions on their technology in accordance with this Law;

b) Construction projects with technologies not falling under the cases specified in point a of this clause shall be reviewed for technology in accordance with the Construction Law;

c) Projects investing public investment capital without construction components shall be reviewed for technology in accordance with the Public Investment Law.

4. In case of implementing an approved investment project, if there are adjustments or changes to the previously reviewed or opinioned technology content, the investor must report to the agency that reviewed or provided opinions on the technology to proceed with the technology review or opinion procedure for the adjustment or change.

Article 14. Authority to Review or Provide Opinions on Technology during the Stage of Deciding the Investment Policy

1. The authority to review technology for projects investing public investment capital shall be carried out in accordance with the Public Investment Law.

2. The authority to review or provide opinions on technology for projects specified in point a of Clause 2, Article 13 of this Law, and projects investing in restricted technology transfer technologies that pose a risk of adverse environmental impact shall be carried out as follows:

a) The National Appraisal Council shall review technology for projects within the scope of investment policy decisions made by the National Assembly;

b) The Ministry of Science and Technology shall take the lead and coordinate with relevant agencies and organizations to provide opinions on technology for projects within the scope of investment policy decisions made by the Prime Minister;

c) Specialized agencies under provincial People's Committees shall take the lead and coordinate with relevant agencies and organizations to provide opinions on technology for projects requiring investment policy decisions and not falling under the cases specified in points a and b of this clause.

3. The authority to review or provide opinions on technology for projects specified in point b of Clause 2, Article 13 of this Law shall be carried out as follows:

a) The National Appraisal Council shall review technology for projects within the scope of investment policy decisions made by the National Assembly;

b) The sectoral ministry or agency in charge shall take the lead and coordinate with the Ministry of Science and Technology and relevant agencies and organizations to provide opinions on technology for projects within the scope of investment policy decisions made by the Prime Minister;

c) Specialized agencies under provincial People's Committees shall take the lead and coordinate with relevant agencies and organizations to provide opinions on technology for projects requiring investment policy decisions and not falling under the cases specified in points a and b of this clause.

Article 15. Competence to review or provide opinions on technology during the investment decision phase

1. The competence to review or provide opinions on technology for projects as stipulated in point a, Clause 3, Article 13 of this Law shall be implemented as follows:

a) The State Appraisal Council shall review technology for national key projects;

b) The specialized agency on construction, in accordance with the laws on construction, shall take the lead and coordinate with the agency responsible for state management functions in the industry and field at the same level to review technology for Group A, B, and C projects funded by the state budget;

c) The agency responsible for state management functions in the industry and field shall review or provide opinions on technology for Group A, B, and C projects funded by state capital outside the state budget and other capital.

2. The competence to review technology for investment projects as stipulated in point b, Clause 3, Article 13 of this Law shall be implemented in accordance with the laws on construction.

3. The competence to review technology for investment projects as stipulated in point c, Clause 3, Article 13 of this Law shall be implemented in accordance with the laws on public investment.

Article 16. Content of explanation on the use of technology in the project investment dossier

1. In the phase of deciding the investment orientation, the content of explanation on the use of technology in the project investment dossier includes:

a) Analysis and selection of technology options;

b) Name, origin, process flow diagram of technology; proposed list, condition, technical specifications of main machinery and equipment in the selected technology chain;

c) Documentation proving that the technology has been verified (if applicable);

d) Proposed training and technical support plan for operating the technology chain (if applicable);

đ) Conditions for using technology;

e) Preliminary assessment of the impact of technology on the environment (if applicable);

g) Draft technology transfer contract in cases where capital contribution is made through technology.

2. In the investment decision phase, the content of explanation on the use of technology in the project investment dossier includes:

a) Name, origin, process flow diagram of technology; list, condition, technical specifications of machinery and equipment in the technology chain;

b) Product, standard, product quality;

c) Capacity to meet raw materials, fuel, and materials for the technology chain;

d) Training and technical support program for operating the technology chain;

đ) Investment costs for technology, machinery and equipment, training, and technical support.

Article 17. Procedure for reviewing or providing opinions on project technology during the investment orientation decision phase

The procedure for reviewing or providing opinions on technology during the investment orientation decision phase shall be carried out as follows:

1. For investment projects using public investment capital, the procedure for reviewing technology shall be implemented in accordance with the laws on public investment;

2. For investment projects as stipulated in Clause 2, Article 13 of this Law under the National Assembly's authority to decide on investment orientation, the procedure for reviewing technology shall be implemented in accordance with the laws on investment;

3. For investment projects as stipulated in point a, Clause 2, Article 13 of this Law under the Prime Minister's authority to decide on investment orientation, within three working days from the date of receiving all project investment registration documents, the investment registration agency shall have the responsibility to send the project investment registration documents to the Ministry of Science and Technology for opinions on technology;

4. For investment projects as stipulated in point a, Clause 2, Article 13 of this Law not under the National Assembly's or Prime Minister's authority to decide on investment orientation, within three working days from the date of receiving all project investment registration documents, the investment registration agency shall have the responsibility to send the project investment registration documents to the science and technology specialized agency under the provincial People's Committee for opinions on technology;

5. For investment projects as stipulated in point b, Clause 2, Article 13 of this Law under the Prime Minister's authority to decide on investment orientation, within three working days from the date of receiving all project investment registration documents, the investment registration agency shall have the responsibility to send the project investment registration documents to the sector management ministry for opinions on technology;

6. For investment projects as stipulated in point b, Clause 2, Article 13 of this Law not under the National Assembly's or Prime Minister's authority to decide on investment orientation, within three working days from the date of receiving all project investment registration documents, the investment registration agency shall have the responsibility to send the project investment registration documents to the specialized agency under the provincial People's Committee for opinions on technology;

7. The time limit for providing opinions on technology as stipulated herein is fifteen working days from the date of receiving all documents.

Article 18. Procedures for reviewing or providing opinions on technology in the investment decision-making phase

1. The procedures for reviewing or providing opinions on technology in the investment decision-making phase for projects specified in point a, Clause 3, Article 13 of this Law shall be implemented as follows:

a) For national key projects, the review procedures on technology shall be carried out in accordance with the laws on investment and public investment;

b) For Group A, B, and C projects using state budget funds, within five working days from the date of receiving all project files, the specialized agency on construction, as prescribed by the laws on construction, shall have the responsibility to send a document along with extracts of relevant files to the competent authority at the same level responsible for managing the industry or sector to provide opinions on technology;

c) For Group A, B, and C projects using non-budget state capital and other capital, the investor shall submit the basic design dossier of the project to the specialized agency on construction, as prescribed by the laws on construction, for review of the basic design, excluding the review of the technological design component; simultaneously, the dossier shall be sent to the competent authority at the same level responsible for managing the industry or sector as the specialized agency on construction to provide opinions on the technological design;

In case the specialized agency on construction is also the authority responsible for managing the industry or sector, the specialized agency on construction shall review the basic design including the technological design;

d) The time limit for providing opinions on technology is twenty days for Group A projects, fifteen days for Group B projects, and ten days for Group C projects from the date of receiving all files; in cases where an extension of the time limit for providing opinions on technology is required, the extended period shall not exceed the corresponding time limit stipulated herein. The competent authority shall have the responsibility to notify the specialized agency on construction or the investor about the extension in writing and specify the reasons;

In case the specialized agency on construction is also the authority responsible for managing the industry or sector, the time limit for reviewing the technological design shall be included in the time limit for reviewing the basic design as prescribed by the laws on construction;

2. The procedures for reviewing technology for projects specified in point b, Clause 3, Article 13 of this Law shall be implemented in accordance with the laws on construction;

3. The procedures for reviewing technology for projects specified in point c, Clause 3, Article 13 of this Law shall be implemented in accordance with the laws on public investment;

Article 19. Contents of Review or Opinions on Technology for Investment Projects

1. The contents of review or opinions on technology in the investment decision-making phase are stipulated as follows:

a) The suitability of the selected technology plan;

b) Verification of the use of technology in developed countries (if applicable);

c) Training and technical support for operating the project's technology production line (if applicable);

d) Compliance with conditions for using technology;

đ) Preliminary impact assessment of technology on the environment;

e) Draft technology transfer contract (if applicable);

g) For high-tech zone investment projects, the review or opinion on technology shall be conducted according to the provisions of this clause and meet the criteria and standards prescribed by the laws on high technology;

2. The contents of review or opinions on technology in the investment decision-making phase are stipulated as follows:

a) Suitability and compliance of technology, machinery, and equipment with the selected plan in the investment policy decision-making phase; technical standards, regulations, and other relevant legal provisions;

b) Product, standard, product quality;

c) Suitability and capacity to supply raw materials, fuel, and materials for operating technology, machinery, and equipment;

d) Training and technical support programs for operating the technology, machinery, and equipment production line;

đ) Investment costs for technology, machinery and equipment, training, and technical support.

Article 20. Implementation of review or solicitation of opinions on technology of investment projects

1. The competent authority for reviewing or providing opinions on the technology of investment projects shall conduct reviews or provide opinions on the technology of investment projects; in cases requiring specialized consultation, it shall be carried out through the following forms:

a) Scientific and technological advisory board;

b) Soliciting opinions from independent consulting organizations or experts.

2. The advisory board shall be established by the agency responsible for providing opinions on technology. The board operates based on democratic, objective, truthful principles, adhering to laws and professional ethics. The advisory board is responsible for its conclusions and recommendations before the agency that established the board. Conclusions and recommendations of the board must be documented in writing.

3. Members of the advisory board are responsible under the law for their opinions and must keep confidential information related to the investment project. Opinions of the board members must be documented in writing.

4. Funding for soliciting opinions on technology in investment projects shall be implemented as follows:

a) During the stage of deciding on the investment policy, it is guaranteed by the state budget;

b) During the investment decision-making stage, it is the responsibility of the investor and is included in the total investment cost.

Article 21. Inspection and supervision of technology in investment projects and technology transfer

1. The application and transfer of technology in investment projects as stipulated in Article 13 of this Law must be inspected and supervised during the implementation process.

2. The State management agency for investment has the responsibility to take the lead and coordinate with specialized state management agencies to inspect and supervise technology in investment projects along with the inspection and supervision of investment as prescribed by law.

3. The State management agency for science and technology has the responsibility to take the lead and coordinate with relevant agencies to inspect activities of technology transfer in the following cases:

a) According to plans;

b) When there are signs of violations regarding the application and transfer of technology during the implementation of investment projects and technology transfer activities.

Chapter III

TECHNOLOGY TRANSFER CONTRACTS

Article 22. Formation and execution of technology transfer contracts

1. The formation of technology transfer contracts must be documented in writing or in another form considered as a written transaction according to the Civil Code. The contract document must be signed and stamped (if applicable); signed and counter-stamped (if applicable) on each page of the contract and annexes.

2. The language in technology transfer contracts is agreed upon by the parties.

3. Technology transfer contracts are formed and executed in accordance with this Law, the Civil Code, the Commercial Law, the Intellectual Property Law, the Competition Law, and other relevant laws.

Article 23. Contents of technology transfer contracts

1. Name of the transferred technology.

2. Object of the transferred technology, products produced by the technology, standards, and product quality.

3. Transfer of ownership rights, transfer of usage rights of the technology.

4. Method of transferring technology.

5. Rights and obligations of the parties.

6. Price and payment method.

7. Duration and effective date of the contract.

8. Definitions and terms used in the contract (if any).

9. Plan and progress of technology transfer, location of technology transfer.

10. Warranty responsibilities for the transferred technology.

11. Penalties for breach of contract.

12. Liability for breach of contract.

13. Dispute resolution body.

14. Other contents agreed upon by the parties.

Article 24. Duration of Implementation and Effective Date of Technology Transfer Contracts

1. The duration of implementation of technology transfer contracts shall be agreed upon by the parties.

2. The effective date of technology transfer contracts shall be agreed upon by the parties; in cases where the parties do not agree on the effective date of the contract, the effective date of the contract shall be the date of conclusion of the contract, except as provided for in Clause 3 of this Article.

3. Limited technology transfer contracts shall take effect from the date of issuance of the Technology Transfer Permit.

Technology transfer contracts that must be registered as prescribed in Clause 1 and Clause 2 of Article 31 of this Law shall take effect from the date of issuance of the Technology Transfer Registration Certificate; in cases of extension, amendment, or supplementation, the extended, amended, or supplemented contract shall take effect from the date the competent state agency issues the Extension, Amendment, or Supplemental Technology Transfer Registration Certificate.

Article 25. Rights and Obligations of the Technology Provider

1. The rights of the technology provider include the following:

a) Requesting the technology recipient to fulfill the commitments made in the contract;

b) Receiving full payment and enjoying other rights and benefits as agreed in the contract;

c) Hiring organizations or individuals to perform technology transfer services in accordance with the law;

d) Requesting competent authorities to protect legitimate rights and interests related to the transferred technology;

đ) Requesting the technology recipient to apply remedial measures and compensate for damages when the technology recipient fails to fulfill its obligations as stipulated in the contract, except where the parties have agreed otherwise;

e) Other rights as prescribed by law.

2. The obligations of the technology provider include the following:

a) Ensuring the legality of the right to transfer technology and that it is not restricted by third parties, except where the parties have agreed otherwise;

b) Fulfilling the commitments made in the contract; compensating for damages caused to the technology recipient and third parties due to breach of the contract;

c) Maintaining confidentiality regarding information about the technology and other information during negotiations, signing, and implementation of the technology transfer contract as agreed;

d) Notifying the technology recipient and taking appropriate measures when technical difficulties with the transferred technology are discovered, which may result in the transfer outcomes not meeting the commitments made in the contract;

đ) Applying for a Technology Transfer Permit in cases of limited technology transfers from Vietnam to foreign countries, except where the parties have agreed otherwise;

e) Fulfilling financial obligations and other obligations as prescribed by law.

Article 26. Rights and Obligations of the Technology Recipient

1. The rights of the technology recipient include the following:

a) Requesting the technology provider to fulfill the commitments made in the contract;

b) Requesting competent authorities to protect legitimate rights and interests related to the transferred technology;

c) Hiring organizations or individuals to perform technology transfer services in accordance with the law;

d) Requesting the technology provider to apply remedial measures and compensate for damages when the technology provider fails to fulfill its obligations as stipulated in the contract, except where the parties have agreed otherwise;

đ) Other rights as prescribed by law.

2. The obligations of the technology recipient include the following:

a) Fulfilling the commitments made in the contract; compensating for damages caused to the technology provider and third parties due to breach of the contract;

b) Maintaining confidentiality regarding information about the technology and other information during negotiations, signing, and implementation of the technology transfer contract as agreed;

c) Applying for a Technology Transfer Permit in cases of limited technology transfers from foreign countries to Vietnam, except where the parties have agreed otherwise;

d) Fulfilling financial obligations and other obligations as prescribed by law.

Article 27. Price and Payment Methods for Technology Transfer

1. The price of transferred technology shall be agreed upon by the parties.

2. Payment shall be made through the following methods:

a) Paying once or in several installments in cash or goods;

b) Converting the value of the technology into capital contribution to an investment project or enterprise's capital in accordance with the provisions of the law;

c) Paying a percentage (%) of net sales price;

d) Paying a percentage (%) of gross revenue;

e) Paying a percentage (%) of pre-tax profit of the recipient party;

f) Other payment methods agreed upon by the parties.

3. The price of transferred technology must be audited and implemented according to the tax and pricing laws in the following cases:

a) Between the parties where one or more parties have state capital;

b) Between parties related under the parent company - subsidiary model;

c) Between parties having a relationship under the tax law's affiliated entity regulations.

4. The Government shall provide detailed regulations on this matter.

Article 28. Restricted Technology Transfer

1. Organizations and individuals transferring restricted technology as stipulated in Article 10 of this Law must complete the procedure to apply for a Technology Transfer Permit.

2. Issuing a Technology Transfer Permit shall be carried out in the following sequence:

a) Approving the transfer of technology.

For technology transfers from investment projects that have been appraised and taken technological opinions during the decision-making phase on investment policy or investment decision, there is no need to approve the transfer of technology;

b) Issuing a Technology Transfer Permit.

3. Annually, the recipient party in cases of technology transfer from abroad into Vietnam, domestic technology transfer; the transferring party in cases of technology transfer from Vietnam to abroad must report on the implementation of the technology transfer contract in accordance with the regulations of the Ministry of Science and Technology.

Article 29. Documents, Procedures, and Formalities for Approving Technology Transfer

1. The application documents for approving technology transfer include:

a) A document requesting approval of technology transfer;

b) Legal status documents of the applicant;

c) Documentation explaining the technology;

d) Documentation explaining the conditions for using the technology in accordance with the law;

e) Documentation explaining compliance with the law's standards and technical regulations;

2. Organizations and individuals transferring restricted technology submit the documents to the Ministry of Science and Technology to request approval of technology transfer.

3. Within three working days from the date of receipt of the documents, the Ministry of Science and Technology shall be responsible for reviewing the documents; if the documents are incomplete, it shall issue a document requesting organizations and individuals to supplement the documents in accordance with the regulations.

4. Within thirty days from the date of receipt of complete documents, the Ministry of Science and Technology shall take the lead in coordinating with relevant ministries and sectors to issue a document approving technology transfer; if not approved, it must reply in writing and specify the reasons.

5. The Minister of Science and Technology shall promulgate the format of the document requesting approval of technology transfer and the format of documentation explaining the technology.

Article 30. Documents, Procedures, and Formalities for Issuing a Technology Transfer Permit

1. Application documents for issuing a Technology Transfer Permit include:

a) A document requesting issuance of a Technology Transfer Permit, clearly stating the commitment of the parties to ensure the content of the contract complies with relevant legal provisions;

b) Legal status documents of the parties in the technology transfer contract;

c) Original in Vietnamese or certified copy of the technology transfer contract; if there is no Vietnamese version of the contract, a Vietnamese translation must be provided and notarized or certified;

d) List of technology documents, machinery, and equipment (if any) attached to the technology transfer contract;

e) Certified copies of intellectual property protection certificates (if any);

f) Standards and quality of products and services resulting from the applied transferred technology;

g) Explanation of the conditions for using the technology;

h) An appraisal document of the technology price in cases where the recipient uses state capital.

2. After receiving the approval document from the Ministry of Science and Technology, the organization or individual transferring technology shall proceed to sign the technology transfer contract.

3. Within sixty days from the date of signing the technology transfer contract, the party obligated to request issuance of the Technology Transfer Permit shall submit one set of application documents for issuance of the Technology Transfer Permit to the Ministry of Science and Technology.

4. Within five working days from the date of receipt of the documents, the Ministry of Science and Technology shall be responsible for reviewing the documents; if the documents are incomplete, it shall issue a document requesting organizations and individuals to amend and supplement the documents in accordance with the regulations.

Within sixty days from the date of the request for amendment and supplementation, the parties shall amend and supplement the documents as required or submit a request for extension of the time for amendment and supplementation. The extension period shall not exceed sixty days; if the parties do not amend and supplement the documents as required within this period, the Ministry of Science and Technology shall issue a notice refusing issuance of the Technology Transfer Permit and return the documents if requested.

5. Within fifteen working days from the date of receipt of complete documents, the Ministry of Science and Technology shall be responsible for examining and issuing the Technology Transfer Permit; if refusal to issue the permit, it must reply in writing and specify the reasons.

6. In case of changes to the content recorded in the Technology Transfer Permit, a new permit must be requested.

7. The Minister of Science and Technology shall promulgate the format of the document requesting issuance of the Technology Transfer Permit and the format of the Technology Transfer Permit.

Article 31. Registration of Technology Transfer

1. Technology transfer contracts and technology transfer components specified in Clause 2, Article 5 of this Law must be registered with the competent state management agency for science and technology if they fall under any of the following circumstances, except for restricted technology transfers that have already been granted a Technology Transfer Permit:

a) Technology transfer from abroad into Vietnam;

b) Technology transfer from Vietnam to foreign countries;

c) Domestic technology transfer using state capital or state budget funds, except where a Certificate of Registration of Scientific and Technological Task Results has already been issued.

2. The State encourages organizations and individuals to register technology transfer contracts that are not required to be registered as stipulated in Clause 1 of this Article.

3. Documents for registering technology transfer include:

a) A request for registration of technology transfer, clearly stating the commitment of the parties to ensure that the contract contents comply with relevant laws;

b) An original or certified copy of the technology transfer agreement document reflecting the content as prescribed in Article 23 of this Law; in cases where there is no agreement in Vietnamese, a Vietnamese translation must be provided and notarized or certified.

4. Within ninety days from the date of signing the technology transfer agreement document, the party obligated to perform the technology transfer registration shall submit one set of documents to the competent state management agency for science and technology requesting issuance of a Certificate of Registration of Technology Transfer.

5. Within five working days from the date of receiving complete documents, the competent state management agency for science and technology shall examine and issue a Certificate of Registration of Technology Transfer; in case of refusal, it must provide a written response detailing the reasons.

6. The competent state management agency for science and technology will refuse to issue a Certificate of Registration of Technology Transfer in the following cases:

a) Restricted technology transfer contracts;

b) Contracts without defined technology objects or technology transfer contents;

c) Contract contents contrary to this Law.

7. The Government shall provide detailed regulations on this matter.

Article 32. Effectiveness of Technology Transfer Permits and Certificates of Registration of Technology Transfer

1. Technology Transfer Permits and Certificates of Registration of Technology Transfer become effective from the date of issuance.

2. The issuing authority of Technology Transfer Permits and Certificates of Registration of Technology Transfer has the right to revoke the effectiveness of these permits and certificates in the following cases:

a) Violation of the contents of the Technology Transfer Permit or Certificate of Registration of Technology Transfer;

b) Forgery of application documents for a Technology Transfer Permit or registration of technology transfer;

c) At the request of a competent state authority in cases of violation of related laws.

3. In cases where organizations or individuals have been granted a Certificate of Registration of Technology Transfer and have received support and incentives as prescribed by law, and such certificate is revoked, they must return to the State all support and incentives received according to the Government's regulations.

Article 33. Extension, amendment, and supplementation of technology transfer content

1. The parties that agree to extend, amend, or supplement the technology transfer content which has been certified with a Registration Certificate must submit the dossier prescribed in Clause 2 of this Article to the authority that issued the Registration Certificate for technology transfer to obtain a Registration Certificate for extension, amendment, and supplementation of technology transfer content.

2. The dossier for registration of extension, amendment, and supplementation of technology transfer content includes:

a) A request document for registration of extension, amendment, and supplementation of technology transfer content;

b) The original in Vietnamese or a certified copy of the document on extension, amendment, and supplementation; in case there is no Vietnamese version, it must be translated into Vietnamese and notarized or certified.

3. The procedures and formalities for extension, amendment, and supplementation of technology transfer content shall be carried out according to the provisions of Clauses 4, 5, and 6 of Article 31 of this Law.

4. The Minister of Science and Technology shall issue the model of the request document for extension, amendment, and supplementation of technology transfer content, and the model of the Registration Certificate for extension, amendment, and supplementation of technology transfer content.

Article 34. Obligation of confidentiality in issuing a Technology Transfer Permit, Registration Certificate for Technology Transfer

Authorities and individuals responsible for issuing a Technology Transfer Permit, Registration Certificate for Technology Transfer have the responsibility to keep confidential information in the dossier.

Chapter IV

INCENTIVES FOR TECHNOLOGY TRANSFER AND DEVELOPMENT OF THE SCIENCE AND TECHNOLOGY MARKET

Section 1

PROMOTING APPLICATION AND INNOVATION OF TECHNOLOGY

Article 35. Support and encouragement for enterprises to apply and innovate technology

1. The State supports enterprises with projects located in areas and sectors eligible for preferential investment to carry out technology transfer activities with scientific and technological organizations.

2. Enterprises may use their science and technology development fund to invest, match capital, receive matching investment capital for technology innovation, incubate technology, incubate science and technology enterprises, start innovative businesses, commercialize research results, and implement other expenditures as stipulated by laws on science and technology.

3. Ownership rights, usage rights, and other rights arising from research results and intellectual property objects that can be determined in value are considered property rights.

The science and technology development fund, the National Technology Innovation Fund, and financial institutions may accept the property rights specified herein as collateral for loans to invest in science and technology projects, innovative startups, production and business development from research results, and technological development.

4. The State encourages various forms of cooperation between enterprises and authorities, organizations, and individuals to implement technology innovation investment projects, innovative startups, infrastructure development for science and technology development, and joint research activities.

5. Enterprises investing in material and technical facilities for technology decoding operations, and individuals or organizations conducting technology decoding operations shall enjoy the following incentives:

a) Capital support, loan guarantee, and interest rate support for loans from the National Technology Innovation Fund and financial institutions;

b) Other supports and incentives as stipulated by this Law and other relevant laws.

6. Political-social organizations, social organizations, and occupational associations shall facilitate conditions for technology transfer to organizations, individuals, and enterprises in accordance with their functions and responsibilities.

7. The Government shall provide detailed regulations on this matter.

Article 36. Promoting Commercialization of Scientific Research and Technological Development Results

1. Scientific research and technological development results that are state assets shall be managed and utilized in accordance with the laws on management and utilization of state assets.

2. In cases where the State provides financial support for scientific research and technological development tasks, the transfer of ownership rights shall be carried out as follows:

a) Where the State provides financial support to implement scientific research and technological development tasks for an organization that invests in physical facilities, technology, and finance, and which is also the main implementing organization for such tasks, the State shall transfer ownership of the scientific research and technological development results to that organization;

b) Where the State provides financial support for scientific research and technological development tasks based on cooperation between an organization investing in physical facilities, technology, and finance and another organization responsible for implementing the tasks, the State shall transfer ownership of the scientific research and technological development results according to the agreement among the parties.

3. The distribution of profits derived from the commercialization of scientific research and technological development results created using state budget funds must ensure the interests of the owner, author, main implementing organization, intermediary organization, and organizations and individuals participating in the commercialization of scientific research and technological development results in accordance with relevant laws.

4. Organizations and individuals who independently invest in scientific research and technological development, after transferring and effectively applying the results in practice and being recognized by the competent state agency for science and technology, shall be supported financially from the state budget; in cases where the results are significant for economic and social development and national defense and security, the State will consider purchasing those results.

The competent state agency for science and technology shall be responsible for organizing the collection, evaluation, selection, recognition, and publication of scientific research and technological development results serving the innovation needs of organizations and individuals in various industries, professions, and fields under the分级任务如下：

5. Scientific and technological organizations owning scientific research and technological development results that collaborate with local technology application and transfer organizations may be supported from the state budget allocated for science and technology to improve their research and development results in line with local characteristics.

6. Individuals working at research institutions and higher education institutions engaged in technology transfer, application, and innovation activities at production and business establishments may be supported from the state budget allocated for science and technology, from other legitimate sources.

7. The management and utilization of assets equipped for the implementation of science and technology tasks after the completion of such tasks shall be handled in accordance with the laws on management of state assets.

8. The State shall create favorable conditions for establishing industrial property rights, recognizing, and registering new products and technologies for organizations and individuals commercializing scientific research and technological development results and transferring technology.

9. The Government shall provide detailed regulations on this matter.

Article 37. National Technology Innovation Program

1. The National Technology Innovation Program aims to achieve the following objectives:

a) Enhance national technological capacity and the effectiveness of technology transfer activities;

b) Serve the development of national key products;

c) Create favorable conditions for small and medium-sized enterprises to apply technology, commercialize scientific research results and technological development, and innovate technology;

d) Strengthen technological resources in rural, mountainous areas, and regions with difficult socio-economic conditions, particularly extremely difficult conditions.

2. Based on the tasks of economic and social development of the country during each period, the Ministry of Science and Technology shall take the lead and coordinate with ministries, ministerial-level agencies, and government agencies related to build and submit the National Technology Innovation Program to the Prime Minister for approval.

Article 38. National Technology Innovation Fund

1. The National Technology Innovation Fund is established to achieve the following purposes:

a) Support businesses in transferring, innovating, and perfecting encouraged technologies as stipulated in Article 9 of this Law;

b) Promote technology transfer to serve agricultural development in rural, mountainous areas, and regions with difficult socio-economic conditions, particularly extremely difficult conditions;

c) Support technology incubation, science and technology business incubation, and technology decoding;

d) Support training of science and technology human resources for technology transfer, innovation, and perfection.

2. The National Technology Innovation Fund provides support through the following forms:

a) Preferential loans;

b) Interest rate subsidies;

c) Guarantees for loan capital;

d) Capital support.

3. The National Technology Innovation Fund is formed from the following sources:

a) Voluntary contributions from domestic organizations and individuals, foreign organizations and individuals;

b) Interest from loan capital;

c) Registered capital support from the state budget;

d) Other lawful sources.

4. The Prime Minister decides on the establishment, management, and use of the National Technology Innovation Fund.

Article 39. Tax Policies to Promote Technology Transfer, Application, and Innovation Activities

The following entities are entitled to tax incentives as prescribed by tax laws:

1. Machinery, equipment, spare parts, materials, samples, domestic technologies not yet available imported for direct use in research and development, decoding, technology innovation, and technology transfer activities; scientific literature and books serving creative startup activities and the development of science and technology enterprises;

2. Technology incubators, science and technology enterprise incubators, organizations and individuals investing in and supporting creative startups; intermediary organizations of the science and technology market earning income from technology transfer service provision;

3. Organizations and individuals transferring technology from Vietnam to other countries; organizations and individuals conducting scientific research and technological development, technology transfer, and technology decoding activities at enterprises;

4. Organizations and individuals transferring encouraged technologies.

Article 40. Development of Technologies Created and Improved National Key Products

1. Priority shall be given to technology transfer to create national key products based on domestic research and technological development results.

2. Encourage the development of technologies created and improved national key products capable of competing in both domestic and international markets.

3. The State shall have policies and measures to accelerate the completion of design and manufacturing of machinery and equipment created in Vietnam that can compete in the market.

4. Enterprises and organizations transferring, applying, and improving technologies to create national key products are entitled to incentives as prescribed by law.

5. The Government shall provide detailed regulations on this matter.

Section 2

DEVELOPMENT OF THE SCIENCE AND TECHNOLOGY MARKET

Article 41. Measures to develop the science and technology market

1. The State shall have policies and measures to support and invest from the State budget for science and technology, and mobilize other legitimate sources of capital to develop the science and technology market through activities to develop supply and demand for technology and intermediary organizations of the science and technology market as stipulated in Articles 42 and 43 of this Law.

2. Based on the tasks of economic and social development of the country during each period, the Ministry of Science and Technology shall take the lead and coordinate with ministries and ministerial-level agencies related to build and submit to the Prime Minister for approval programs to develop the national science and technology market.

Article 42. Development of Supply and Demand for the Science and Technology Market

The development of supply and demand for the science and technology market shall be carried out through the following activities:

1. Importing, decoding, mastering high-tech, advanced technology, clean technology to serve strategic goals, planning, and plans for economic and social development at the national, sectoral, regional, and local levels;

2. Purchasing, researching, and perfecting patents and inventions that have been effectively applied on a small scale to transfer to enterprises for application and dissemination to the public;

3. Promoting the exploitation and utilization of scientific research results and technological development, technological ideas serving science and technology enterprises, high-tech enterprises, individual and group entrepreneurs, organizations supporting innovation and entrepreneurship, incubators for technology, incubators for science and technology enterprises, and incubators for high-tech enterprises;

4. Evaluating and appraising new technologies and products created in Vietnam from scientific research and technological development results that are equivalent in value and quality to imported technologies and products to encourage their use in investment projects using state budget funds, prioritizing in tender procurement and provision of products and services;

5. Training and enhancing the capacity of enterprises to absorb and master technology; commercializing scientific research and technological development results; linking and cooperating in the exchange of science and technology human resources between research institutions, training institutions, and production and business establishments;

6. Exploiting and providing technology information to businesses, business association organizations, industry trade associations, cooperatives, intellectual property service organizations, investment promotion, and trade promotion;

7. The Government shall provide detailed regulations on this matter.

Article 43. Development of Intermediary Organizations of the Science and Technology Market

1. Intermediary organizations of the science and technology market are organizations providing brokerage, advisory, technology transfer promotion, evaluation, valuation, technology appraisal, connection, and support services for suppliers, demanders, and other parties involved in transactions related to technology.

2. The State shall implement the following measures to develop intermediary organizations of the science and technology market:

a) Building technical infrastructure and supporting the operation of the national technology trading platform and the national technology startup support center during the first five years of operation;

b) Supporting the training of human resources for intermediary organizations;

c) Supporting and enhancing the ability to exploit information about technology, intellectual property, and domestic and foreign scientific research and technological development results for individuals and organizations implementing advisory, brokerage, technology transfer promotion, evaluation, valuation, and technology appraisal services.

3. Encouraging organizations and individuals to carry out brokerage, advisory, and technology transfer promotion activities in research institutions and training institutions; forming a network of advisory and technology transfer activities both domestically and internationally.

4. The Government shall provide detailed regulations on this matter.

Article 44. Announcing, Demonstrating, Introducing Technology

1. Technology markets, technology fairs, technology exhibitions, technology supply-demand connection points, technology trading platforms, technology trading centers are places for displaying, introducing, buying, and selling technology, promoting technology transfer.

2. In the process of announcing, demonstrating, and introducing technology, competent state management agencies on science and technology shall have the following responsibilities:

a) Annually, publish a list of technologies created with state budget funds on the electronic portal of the state management agency on science and technology, except where otherwise provided by law;

b) Encourage and support businesses, organizations, and individuals to announce new technologies they create.

3. The State shall take measures to support businesses, organizations, and individuals with newly created domestic technologies in announcing, demonstrating, and introducing technology, participating in domestic and international technology markets and fairs.

Section 3

TECHNOLOGY TRANSFER SERVICES

Article 45. Types of Technology Transfer Services

1. Technology transfer brokerage.

2. Technology transfer advisory services.

3. Technology evaluation.

4. Technology valuation.

5. Technology inspection.

6. Promotion of technology transfer.

Article 46. Rights of Organizations and Individuals Engaging in Technology Transfer Service Business

1. Organizations and individuals engaging in technology transfer service business shall have the following rights:

a) Request users of the service to provide necessary information and documents for providing technology transfer services;

b) Enjoy income from operating technology transfer services and other benefits from providing such services according to agreements;

c) Utilize collaborators and experts to serve technology transfer service activities;

d) Enjoy the right to use technology databases in accordance with the provisions of the law;

đ) Request users of the service to compensate for losses caused by their fault;

e) Cooperate and form joint ventures with organizations and individuals to carry out technology transfer service activities;

g) Participate in domestic and international professional associations in accordance with the provisions of the law;

h) Other rights as prescribed by this Law and related laws.

2. Organizations and individuals conducting brokerage, advisory, and promotion of technology transfer activities shall have the rights stipulated in Clause 1 of this Article and shall enjoy profits from using, transferring usage rights, transferring, or contributing results of scientific research and technological development funded by the state budget.

Article 47. Obligations of Organizations and Individuals Engaging in Technology Transfer Service Business

1. Organizations and individuals engaging in technology transfer service business shall have the following obligations:

a) Fulfill technology transfer service contracts that have been concluded;

b) Be responsible for the results of their technology transfer service activities;

c) Compensate for losses caused by their fault to the user of the technology transfer service;

d) Safeguard and return to the user of the service the documents and means provided after completing the service according to the agreement;

đ) Timely notify the user of the service about information and documents insufficient to complete the service;

e) Maintain confidentiality of information agreed upon in the technology transfer service contract;

g) Fulfill financial obligations and other obligations as prescribed by law.

2. Organizations conducting technology evaluation, valuation, and inspection, in addition to the obligations stipulated in Clause 1 of this Article, shall also have the following obligations:

a) Register to meet the conditions for operating technology evaluation, valuation, and inspection services in accordance with the provisions of the law;

Article 48. Organizations conducting evaluation, appraisal, and technical inspection activities

1. Organizations conducting evaluation, appraisal, and technical inspection activities are scientific and technological organizations or businesses operating in the field of evaluation, appraisal, and technical inspection.

3. The Government shall specify in detail the authority, procedures, formalities, and conditions for issuing certificates of eligibility to operate evaluation and technical inspection services; specific conditions regarding human resources and material-technical infrastructure for organizations conducting technical appraisal activities.

Section 4

TRANSFER OF TECHNOLOGY TO RURAL AREAS, MOUNTAINOUS REGIONS, ISLANDS, AND AREAS WITH DIFFICULT ECONOMIC AND SOCIAL CONDITIONS, ESPECIALLY SEVERELY DIFFICULT CONDITIONS

Article 49. Technologies Encouraged for Transfer to Rural Areas, Mountainous Regions, Islands, and Areas with Difficult Economic and Social Conditions, Especially Severely Difficult Conditions

Technologies specified in Article 9 of this Law and the following technologies are encouraged for transfer to rural areas, mountainous regions, islands, and areas with difficult economic and social conditions, especially severely difficult conditions:

1. Technologies in the fields of genetic resource conservation and development; selection and enhancement of the economic value of crop and livestock breeds;

2. Technologies for farming, storage, and processing of agricultural, forestry, salt industry, medicinal plant, mushroom, agricultural microbiology, and aquatic products;

3. Technologies for preventing and controlling diseases in crop and livestock breeds, and medicinal plants;

4. Technologies for producing, extracting, and using clean water efficiently; water treatment technologies for aquaculture;

5. Technologies for increasing productivity, quality, and efficiency of traditional village and local products.

Article 50. Responsibilities of Organizations and Individuals in Technology Transfer Activities to Rural Areas, Mountainous Regions, Islands, and Areas with Difficult Economic and Social Conditions, Especially Severely Difficult Conditions

1. Programs and projects for disseminating crop and livestock breeds or technologies for farming, storage, and processing of agricultural, forestry, and salt industry products, and aquaculture must include technology transfer content.

2. Organizations and individuals disseminating and transferring technologies for farming, storage, and processing of agricultural, forestry, and salt industry products, and aquaculture must report to the competent state management agency on science and technology at the location where the technology transfer takes place.

3. Organizations and individuals providing crop and livestock breeds and transferring technologies for farming, storage, and processing of agricultural, forestry, and salt industry products, and aquaculture have the responsibility to guide users in farming, storage, and processing technologies and must compensate for damages arising from the provision of crop and livestock breeds and technology transfer.

4. Other responsibilities as prescribed by law.

Article 51. Responsibilities of State Management Agencies in Technology Transfer Activities to Rural Areas, Mountainous Regions, Islands, and Areas with Difficult Economic and Social Conditions, Especially Severely Difficult Conditions

1. Local state management agencies on science and technology have the responsibility to guide and create favorable conditions for the dissemination and transfer of crop and livestock breeds or technologies for farming, storage, and processing of agricultural, forestry, and salt industry products, and aquaculture; promote technology transfer activities locally; inspect, detect, and promptly prevent the dissemination and provision of crop and livestock breeds and technologies that cause damage to users.

2. Annually, the Ministry of Science and Technology shall take the lead and coordinate with ministries, ministerial-level agencies, and government agencies concerned to evaluate technology transfer activities in rural areas, mountainous regions, islands, and areas with difficult economic and social conditions, especially severely difficult conditions.

Article 52. Technology Transfer in Agriculture

1. Encourage the transfer of technological advancements regarding seeds, products, production processes, technical solutions, and management solutions in agriculture.

2. Technology transfer in agriculture shall be carried out in accordance with the forms prescribed in this Law or through special forms including agricultural extension programs and plans; other technology transfer programs and plans approved by competent state authorities.

3. Technology transfer in agriculture shall be conducted according to the methods prescribed in this Law or through special methods including training, seminars, capacity building, demonstration models, information dissemination.

4. The Government shall provide detailed regulations on the special forms and methods prescribed in Clause 2 and Clause 3 of this Article; the recipients and implementers of technology transfer under these special forms and methods; and policies for technology transfer in agriculture.

5. The Minister of Agriculture and Rural Development shall issue a list of technological advancements regarding seeds, products, production processes, technical solutions, and management solutions encouraged for transfer in agriculture; criteria, procedures, and formalities for recognizing technological advancements.

Chapter V

When submitting an application for registration of a technology transfer contract, the applicant must submit a review fee for the contract in accordance with the law.

Article 53. Responsibilities of the Government

1. To uniformly manage state administration over technology transfer activities.

2. To direct, promulgate, and organize the implementation of legal normative documents, strategies, plans, mechanisms, policies, and measures to promote technology transfer and technological innovation in line with each stage of economic and social development of the country.

3. To delegate and decentralize functions for managing state administration over technology transfer activities.

4. To issue a list of technologies encouraged for transfer, a list of restricted technology transfers, and a list of prohibited technology transfers.

Article 54. Responsibilities of the Ministry of Science and Technology

1. To serve as the lead agency assisting the Government in uniformly managing state administration over technology transfer.

2. To take the lead in drafting programs, projects, and policies on technology imports, developing the science and technology market, promoting technology transfer, application, and innovation, and submitting them to the Prime Minister for decision.

3. To draft lists of technologies encouraged for transfer, restricted technology transfers, and prohibited technology transfers, and submit them to the Government for issuance.

4. To issue and revoke licenses for transferring restricted technology transfers.

5. To review, provide opinions, inspect, and supervise the technology of investment projects within its authority.

6. To guide the assessment of technological levels and capabilities in various industries and fields according to the needs of economic and social development and international economic integration at different times.

7. To organize the evaluation, selection, and public announcement of technologies generated from scientific research and technological development results.

8. To organize training, seminars, and enhance skills and expertise in technology transfer, commercialization of scientific research results and technological development, application, and innovation.

9. To implement statistical work on technology transfer, application, and innovation in accordance with the law, and build a database on technology.

10. To conduct inspections, handle complaints and denunciations, and enforce violations of laws related to technology transfer.

11. To cooperate internationally in technology transfer activities within its authority.

12. To organize the dissemination, popularization, and education of laws related to technology transfer.

13. To prepare reports to the Government on technology transfer activities and every five years prepare reports on technological innovation nationwide.

14. To perform other tasks as prescribed by law.

Article 55. Responsibilities of Ministries and Equivalent Ministries

1. Ministries and Equivalent Ministries within their respective areas of management shall be responsible for coordinating with the Ministry of Science and Technology in state management of technology transfer activities as follows:

a) Proposing technologies to build the List of Encouraged Technology Transfer Technologies, the List of Restricted Technology Transfer Technologies, and the List of Prohibited Technology Transfer Technologies;

b) Developing plans, projects, programs, measures, mechanisms, and policies to promote technology transfer, application, and innovation;

c) Inspecting and supervising technology, product quality, goods, and services generated from technology transfer, application, and innovation.

2. Organizing the evaluation, selection, and announcement of technologies created from scientific research and technological development results, and creating favorable conditions for enterprises to receive technology transfers in their respective areas of management.

3. Creating favorable conditions for technology transfer activities, especially encouraged technology transfers and technology transfers in encouraged technology transfer areas.

4. Organizing the review, providing opinions, inspecting, and supervising the technology of investment projects and technology transfers according to the provisions of the law.

5. International cooperation on technology transfer activities within their authority.

6. Annually compiling statistics on technology transfer, application, and innovation activities and submitting them to the Ministry of Science and Technology.

Article 56. Responsibilities of Provincial People's Committees

Within the scope of their functions and powers, Provincial People's Committees shall implement state management of technology transfer activities and shall have the following responsibilities:

1. Issuing or submitting to competent authorities for issuance and organizing the implementation of normative legal documents, mechanisms, policies, strategies, projects, programs, and plans on technology transfer, application, and innovation at the local level;

2. Organizing the review and providing opinions on the technology of investment projects according to the provisions of the law;

3. Creating favorable conditions for organizations and individuals in technology transfer, application, and innovation activities at the local level;

4. Promptly preventing the transfer of crop varieties and livestock breeds that have not been recognized as technical progress; agricultural materials that have not been permitted for production, business, use, and circulation according to the provisions of the law;

5. Organizing inspections and evaluations of technology transfer activities at the local level; building and managing a database, information, and statistics on technology transfer, application, and innovation; reporting statistical data on technology transfer, application, and innovation to competent state agencies for science and technology;

6. Promoting, disseminating, educating, and guiding the implementation of laws on technology transfer;

7. Conducting inspections, handling complaints and denunciations, and enforcing violations of laws on technology transfer according to their authority.

Article 57. Statistics on Technology Transfer, Application, and Innovation

The statistics on technology transfer, application, and innovation shall be carried out in accordance with the provisions of the Law on Statistics and the following provisions:

1. Statistics on technology transfer, application, and innovation are part of the annual statistical report of state management agencies for science and technology.

Annually, the Ministry of Science and Technology shall take the lead and coordinate with Ministries and Equivalent Ministries to compile statistics on technology transfer, application, and innovation nationwide;

2. The Ministry of Science and Technology shall cooperate with the central statistical agency under the Ministry of Planning and Investment to develop a system of statistical indicators and organize the collection of statistical information on technology transfer, application, and innovation of businesses; cooperate with central tax and customs agencies under the Ministry of Finance to connect and share statistical data on technology transfer, application, and innovation;

3. Provincial People's Committees shall be responsible for compiling statistics on technology transfer, application, and innovation within their jurisdiction;

4. Organizations and individuals required to provide information on technology transfer, application, and innovation shall be responsible for providing truthful, accurate, complete, and timely information as requested by the statistical implementing agency;

5. The Ministry of Science and Technology shall specify the implementation of collecting statistical data on technology transfer, application, and innovation.

Article 58. Responsibilities of Vietnamese diplomatic missions abroad regarding technology transfer activities

Vietnamese diplomatic missions abroad shall be responsible for seeking technology, supporting, promoting technology transfer activities, and creating favorable conditions for organizations and individuals to carry out technology transfer promotion activities from abroad to Vietnam and from Vietnam to abroad.

Chapter VI

IMPLEMENTING PROVISIONS

Article 59. Effective Date

1. This Law shall take effect from July 1, 2018.

2. The Technology Transfer Law No. 80/2006/QH11 shall cease to be effective from the date this Law takes effect.

Article 60. Transitional Provisions

1. In cases where the parties have signed a technology transfer agreement before the effective date of this Law and wish to extend such agreement after the effective date of this Law, they shall follow the registration and extension procedures stipulated in this Law.

2. Applications for registering technology transfer contracts that were accepted for processing before the effective date of this Law but not yet resolved shall continue to be processed according to the provisions of the Technology Transfer Law No. 80/2006/QH11.

3. Organizations established and operating services for evaluation, valuation, and technical inspection before the effective date of this Law must complete the registration of their operational qualifications with the competent state management agency within twelve months from the date this Law takes effect.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the third session of the fourteenth term, on June 19, 2017.