Decree No. 103/2011/ND-CP amending and supplementing certain articles of Decree No. 133/2008/ND-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Technology Transfer.

DECREE

Amending and supplementing certain Articles of Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Technology Transfer

provides detailed regulations and guidelines for the implementation of certain Articles of the Law on Technology Transfer

_________________________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

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

Considering the proposal of the Minister of Science and Technology,

DECREE:

Article 1. Amending and supplementing certain Articles of Decree No. 133/2008/NĐ-CP dated December 31, 2008 of the Government detailing and guiding the implementation of certain provisions of the Law on Technology Transfer (hereinafter referred to as Decree No. 133/2008/NĐ-CP)

1. Point b Clause 1 Article 7 and point d Clause 2 Article 12 shall be amended and supplemented as follows:

"The original or certified copy of the technology transfer contract in Vietnamese and foreign languages. In cases where the parties involved in the technology transfer are Vietnamese organizations or individuals, only the technology transfer contract in Vietnamese is required. The contract must be signed by all parties, stamped with their seals, and have the initials of the parties, stamped across the pages of the contract and annexes if one of the parties to the contract is an organization."

2. Point a Clause 2 Article 8 shall be amended and supplemented as follows:
"Application for amendment and supplementation of the technology transfer contract according to the model attached to this Decree amending and supplementing certain Articles of Decree No. 133/2008/NĐ-CP."

3. Point b of Clause 2 of Article 8 shall be amended and supplemented as follows:
"The original or certified copy of the amended and supplemented contract in Vietnamese and foreign languages. In cases where the parties involved in the technology transfer are Vietnamese organizations or individuals, only the amended and supplemented technology transfer contract in Vietnamese is required. The contract must be signed by all parties, stamped with their seals, and have the initials of the parties, stamped across the pages of the contract and annexes if one of the parties to the contract is an organization."

4. Clause 3 Article 8 shall be amended and supplemented as follows:
"The registration dossier for amendment and supplementation of the technology transfer contract shall be prepared in three sets, including one original set and two photocopy sets. The recipient of the technology (in cases of technology transfer from abroad to Vietnam and domestic technology transfer) or the provider of the technology (in cases of technology transfer from Vietnam to abroad) shall submit the dossier to the authority that issued the Registration Certificate for the technology transfer contract, requesting issuance of a Registration Certificate for amendment and supplementation of the technology transfer contract."

5. Clause 4 Article 8 shall be added as follows:
"4. Within seven working days from the date of receipt of a complete dossier, the competent authority specified in Clause 1 of this Decree shall examine and issue the Registration Certificate for amendment and supplementation of the technology transfer contract. If the Registration Certificate for amendment and supplementation of the technology transfer contract is not issued, the competent authority must respond in writing and specify the reasons."

6. Clause 2 Article 10 shall be amended and supplemented as follows:
"Organizations and individuals wishing to accept or transfer technology listed in the Restricted Technology Transfer Catalogue shall submit a dossier to the Ministry of Science and Technology to request approval for technology transfer. The recipient of the technology (in cases of technology transfer from abroad to Vietnam and domestic technology transfer) or the provider of the technology (in cases of technology transfer from Vietnam to abroad) shall submit one set of the application dossier for approval of technology transfer to the Ministry of Science and Technology to request approval for technology transfer."

Article 2. Effectiveness and responsibility for implementation

1. This Decree takes effect from January 1, 2012.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under the Central Government, and related organizations and individuals are responsible for implementing this Decree.