Circular No. 08/2013/TT-BKHCN guiding the contents and methods of operation of technology transfer advisory organizations

CIRCULAR

Guidelines on the content and methods

of technology transfer advisory organizations' activities

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Based on the Law on Technology Transfer dated November 29, 2006;

Pursuant to Decree No. 28/2008/NĐ-CP dated March 14, 2008, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Technology Transfer Law, and Decree No. 103/2011/NĐ-CP dated November 15, 2011 of the Government amending and supplementing certain provisions of Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Technology Transfer Law;

The Minister of Science and Technology issues guidelines on the content and methods of technology transfer advisory organizations' activities,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the content and methods of technology transfer advisory organizations' activities as stipulated in Clause 2, Article 29 of Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Technology Transfer Law.

Article 2. This Circular applies to organizations providing advisory services with the aim of engaging in technology transfer advisory activities, including:

a) Enterprises established and operating in accordance with the Enterprise Law;

b) Scientific and technological organizations established and operating in accordance with the Law on Science and Technology.

Article 2. Interpretation of Terms

In this Circular, the following terms are understood as follows:

Article 3. Technology transfer service is an activity supporting the process of searching for, concluding and implementing technology transfer contracts, including services of evaluation, valuation, technical appraisal, brokerage, advisory, and promotion of technology transfer.

Article 4. Technology transfer advisory is an activity supporting parties in searching for, selecting technology, negotiating, signing and implementing technology transfer contracts.

Article 5. A technology transfer advisory organization is a technology transfer service organization that carries out technology transfer advisory activities in compliance with the provisions of this Circular.

Article 6. A technology transfer advisory expert is an individual with qualifications and experience in performing technology transfer advisory activities in accordance with the provisions of Article 6 of this Circular.

Article 7. Principles of technology transfer advisory activities

1. Compliance with Vietnamese laws and international treaties to which Vietnam is a party, and responsibility under the law for all professional activities and advisory results.

2. Compliance with professional ethics, ensuring the independence, honesty, objectivity, and scientific nature of technology transfer advisory activities.

3. Confidentiality of information of organizations and individuals using advisory services, except where such organizations and individuals agree or where the law provides otherwise.

Chapter II

CONTENT AND METHODS OF TECHNOLOGY TRANSFER ADVISORY ORGANIZATIONS' ACTIVITIES

Article 8. Content of technology transfer advisory activities

1. Searching for technology supply partners and examining, evaluating the commercialization potential of technology.

2. Examining the capacity to receive technology of organizations and individuals seeking technology transfer advisory services.

3. Searching for, examining, and selecting transferred technologies in compliance with legal provisions and preferential mechanisms, policies promoting and encouraging technology transfer activities.

4. Examining the suitability of products produced based on:

a) Evaluating market capabilities and factors;

b) Product standards and quality;

c) Economic and social benefits and sustainable development.

5. Supporting the preparation and drafting of investment projects for technology and equipment, analyzing and calculating production scale, technology cost, provision and installation of equipment, factory buildings, raw materials, and related costs.

6. Acting on behalf of technology transfer parties to prepare and register technology transfer contracts.

7. Supervising and evaluating the negotiation, drafting, method, signing, and supporting the implementation of technology transfer contracts.

8. Other advisory contents regarding technology transfer activities.

Article 5. Methods of operation of technology transfer advisory organizations

1. Technology transfer advisory services shall be carried out through a Technology Transfer Advisory Service Contract between the technology transfer advisory organization and the party requiring technology transfer advisory services.

2. Providing information according to the requirements of organizations and individuals needing technology transfer advisory services.

3. Dispatching technology transfer advisory experts to implement contents as stipulated in the technology transfer advisory service contract.

4. Organizing activities and events to ensure the effectiveness of the technology transfer process.

5. Other methods of operation agreed upon by both parties.

Article 6. Standards for technology transfer advisory experts

Technology transfer advisory experts must meet the following conditions:

1. Possessing a college degree or higher and having a relevant professional qualification suitable for the field of advisory services or holding a technology transfer advisory certificate as prescribed by law.

2. Having at least two years of work experience in technology transfer advisory activities.

3. Not being under criminal investigation or subject to administrative measures in technology transfer advisory activities.

Article 7. Contents of the Technology Transfer Advisory Service Contract

1. The Technology Transfer Advisory Service Contract must be in writing and include the following main contents:

a) Name and address of the agency, organization, or individual requiring technology transfer advisory services;

b) Name and address of the technology transfer advisory organization;

c) Objectives, contents, scope, and results to be achieved of the technology transfer advisory service;

d) Value of the contract and payment method for the technology transfer advisory service;

đ) Duration and progress schedule for implementing the technology transfer advisory service;

e) Agreements related to the protection of intellectual property rights for the results of technology transfer advisory services;

g) Rights and obligations of the parties;

h) Responsibilities of each party in case of breach of contract;

i) Effectiveness of the contract, acceptance procedures, and contract termination procedures;

k) Signatures and seals of representatives of each party.

2. In addition to the above contents, the Technology Transfer Advisory Service Contract must include the contents of a service contract as prescribed in the Civil Code and other relevant laws.

ChapterIII

ORGANIZATION AND IMPLEMENTATION

Article 8. Responsibilities of technology transfer advisory organizations

1. Fulfilling obligations as prescribed in Article 31 of the Law on Technology Transfer and establishing operational content as stipulated in Article 4 of this Circular.

2. Annually reporting the results of the technology transfer advisory organization's operations to the Provincial Department of Science and Technology where the organization's headquarters is located, in accordance with Circular No. 35/2011/TT-BKHCN dated December 16, 2011 of the Ministry of Science and Technology on the system of statistical reports on technology transfer, including the following basic information:

a) Name and number of the technology transfer advisory service contract, date of signing;

b) Name of the organization or individual requesting technology transfer advisory services;

c) Name, field of technology, and product requiring technology transfer advisory services.

3. Technology transfer advisory organizations with foreign investment capital, in addition to complying with the provisions of this Circular, must also comply with the provisions of Article 13 of Decree No. 80/2010/NĐ-CP dated July 14, 2010 of the Government on cooperation and investment with foreign countries in the field of science and technology.

Article 9. Responsibilities of Ministries, sectors, and localities

1. Responsibilities of the Ministry of Science and Technology

a) Take the lead and coordinate with other Ministries, sectors, and localities to periodically and randomly inspect the compliance of consulting organizations for technology transfer with legal provisions;

b) Assign the Technology Application and Development Department to manage, monitor, statistically analyze, and inspect the activities of consulting organizations for technology transfer nationwide.

2. Responsibilities of Ministries, sectors, and localities

a) Coordinate with the Ministry of Science and Technology to perform state management functions over the activities of consulting organizations for technology transfer within their respective Ministries, sectors, and localities according to their authority;

b) Organize inspections and statistical analyses of the activities of consulting organizations for technology transfer in accordance with Circular No. 35/2011/TT-BKHCN dated December 16, 2011, issued by the Ministry of Science and Technology on the reporting system for basic statistics on technology transfer.

Article 10. Effective Date

1. This Circular shall take effect 45 days from the date of signature.

2. During implementation, if there are any difficulties, Ministries, ministerial-level agencies, government-affiliated agencies, localities, and organizations and individuals shall promptly reflect them to the Ministry of Science and Technology for research and appropriate amendments and supplements.