Decree No. 76/2018/NĐ-CP provides detailed regulations and guidance on implementing certain provisions of the Law on Technology Transfer.

DECREE

Detailed regulations and guidance on implementing

On certain articles of the Technology Transfer Law

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Law on Technology Transfer dated June 19, 2017;

Pursuant to the Intellectual Property Law dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009;

Pursuant to the Law on Management and Use of State Assets dated June 21, 2017;

Pursuant to the proposal of the Minister of Science and Technology;

The Government promulgates this Decree to provide detailed regulations and guidance for implementing certain provisions of the Technology Transfer Law.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations and guidance for implementing Articles 9, 10, 11, 27, 31, Clause 3 of Article 32, Articles 35, 36, 40, 42, 43, and Clause 3 of Article 48 of the Technology Transfer Law concerning the Catalogue of Technologies, management of technology transfer activities; organizations for evaluation, appraisal, and technical inspection; support and promotion of technology transfer and development of the science and technology market.

The special forms and methods of transferring technology in agriculture prescribed in Clauses 2 and 3 of Article 52 of the Technology Transfer Law shall be implemented according to other regulations of the Government.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals related to technology transfer activities as stipulated in Article 1 of the Technology Transfer Law.

Chapter II

TECHNOLOGY CATALOGUE, MANAGEMENT OF TECHNOLOGY TRANSFER ACTIVITIES

Article 3. Encouraged Technology Transfer Catalogue, Restricted Technology Transfer Catalogue, and Prohibited Technology Transfer Catalogue

1. The following catalogues of technologies are hereby issued together with this Decree:

a) Encouraged Technology Transfer Catalogue (Annex I);

b) Restricted Technology Transfer Catalogue (Annex II);

c) Prohibited Technology Transfer Catalogue (Annex III).

2. Based on the situation of economic and social development and the requirements of state management, ministries and ministerial-level agencies shall examine, propose, and submit to the Ministry of Science and Technology for consolidation and submission to the Government for amending and supplementing technologies within the catalogues of technologies prescribed in Clause 1 of this Article.

Article 4. Price and Payment Methods for Technology Transfer

1. The parties to the contract may agree to pay according to one or more of the following methods:

a) Pay in one lump sum or in several installments in cash or goods, including the form of payment calculated based on each unit of product produced using transferred technology;

b) Convert the value of the technology into capital contribution to an investment project or to the capital of a business.

In cases where capital contribution is made using technology created with state funds (technology created using state funds or purchased using state funds), an appraisal of the technology's value must be conducted in accordance with the law;

c) Pay a percentage (%) of net sales price.

The net sales price is determined by subtracting from the total sales price of products and services produced using the transferred technology (based on sales invoices) the following items: Value-added tax, special consumption tax, export tax (if applicable); costs of purchasing finished products, parts, components, imported or purchased domestically; packaging costs, product packaging costs, transportation costs to the place of consumption, advertising costs;

d) Payment based on a percentage of Gross Revenue.

Net revenue is determined by subtracting from gross sales revenue the deductions for trade discounts, reduced prices, returned goods;

d) Pay a percentage (%) of pre-tax profit.

Pre-tax profit is determined by subtracting from net revenue the total reasonable costs incurred to produce products and services using transferred technology that have been sold on the market. The parties may also agree to pay a percentage of post-tax profit;

e) Combine two or more of the methods prescribed in points a, b, c, d of this clause or other payment methods ensuring compliance with the law on technology transfer.

2. In cases where technology transfer occurs between parties (technology created using state funds or purchased using state funds) and one or more parties have state capital, valuation shall be based on the advice of an appraisal of the technology's value in accordance with the law.

3. In cases where technology transfer occurs between parties under the parent company-subcompany model and parties with associated relationships as defined by the law on taxation, auditing of the price shall be conducted through an appraisal of the technology's value in accordance with the law when requested by the tax administration agency.

Article 5. Registration of Technology Transfer

1. For technology transfer that is not required to be registered under the provisions of Clause 1, Article 31 of the Law on Technology Transfer, if organizations or individuals wish to register technology transfer, the procedures and formalities shall be carried out in accordance with the provisions of Clauses 3, 4, 5, and 6 of Article 31 of the Law on Technology Transfer and this Decree.

The effective date of the technology transfer contract as provided for in this clause shall be agreed upon by the parties. In cases where registration of technology transfer is considered up to the time of registration, if the parties have not yet implemented the contract, the contract shall take effect from the date the Certificate of Technology Transfer Registration is issued.

2. The recipient of technology in cases of technology transfer from abroad into Vietnam, domestic technology transfer, or the provider of technology in cases of technology transfer from Vietnam to abroad shall submit the technology transfer registration dossier to the competent authority specified in Article 6 of this Decree to issue the Certificate of Technology Transfer Registration on behalf of the parties.

3. Time limit for issuing the Certificate of Technology Transfer Registration:

a) Within five working days from the date of receipt of a complete dossier as stipulated in Clause 3, Article 31 of the Law on Technology Transfer, the competent authority specified in Article 6 of this Decree shall issue the Certificate of Technology Transfer Registration.

b) In cases where the dossier is incomplete according to the regulations, within three working days from the date of receipt of the dossier, the competent authority shall issue a written request for the technology transfer registrant to supplement the dossier.

c) In cases where the dossier requires amendments or supplements, within five working days from the date of receipt of the dossier as stipulated, the competent authority shall issue a written request for the technology transfer registrant to amend or supplement the dossier.

d) In cases of refusal, within five working days from the date of receipt of the dossier as stipulated, the competent authority must respond in writing and specify the reasons.

4. The Application Form for Technology Transfer Registration and the Certificate of Technology Transfer Registration according to Model No. 01 and Model No. 02 at Appendix IV attached to this Decree.

Article 6. Competent Authority for Issuing the Certificate of Technology Transfer Registration

1. For technology transfer through implementation of investment projects:

a) The Ministry of Science and Technology shall issue the Certificate of Technology Transfer Registration for technology transfer of investment projects in Vietnam under the jurisdiction of the National Assembly's decision on investment orientation, the Prime Minister, ministries, central agencies in accordance with laws on investment, laws on public investment, and overseas investment projects;

b) Provincial Departments of Science and Technology shall issue the Certificate of Technology Transfer Registration for technology transfer of investment projects within their management area under the jurisdiction of People's Councils at all levels, People's Committees at all levels, Industrial Park Management Boards, Export Processing Zone Management Boards, High-Tech Zone Management Boards, Economic Zone Management Boards in accordance with laws on investment, laws on public investment; projects requiring investment registration certificates without the need for an investment orientation decision by competent state management agencies; voluntary registration cases under Clause 2, Article 31 of the Law on Technology Transfer.

2. For independent technology transfer and other forms prescribed by law:

a) The Ministry of Science and Technology shall issue the Certificate of Technology Transfer Registration for technology transfer from abroad into Vietnam, and technology transfer from Vietnam to abroad;

b) Provincial Departments of Science and Technology shall issue the Certificate of Technology Transfer Registration for domestic technology transfer using state capital or state budget and voluntary registration cases under Clause 2, Article 31 of the Law on Technology Transfer for domestic technology transfer.

3. For technology transfer involving state secrets in the field of national defense or technology transfer from special state budget sources for national defense, the Ministry of Defense shall issue the Certificate of Technology Transfer Registration.

4. For extension registration of technology transfer as provided for in Clause 1 and Clause 2, Article 42 of this Decree, the authority for issuing the Certificate of Extension Registration of Technology Transfer shall be carried out in accordance with the provisions of Clauses 1, 2, and 3 of this Article.

5. Before December 31 each year, Provincial Departments of Science and Technology shall be responsible for submitting reports on technology transfer registration situations to the Ministry of Science and Technology, with data reported from December 15 of the previous year to December 14 of the reporting year. The report on technology transfer registration situation according to Model No. 10 at Appendix IV attached to this Decree.

Article 7. Repayment of Support and Incentives

1. Organizations and individuals benefiting from support and incentives from technology transfer shall be responsible for fully repaying the State budget all received support and incentives if the Certificate of Technology Transfer Registration is revoked according to Clause 2, Article 32 of the Law on Technology Transfer.

2. Within five working days from the date of revoking the effectiveness of the Certificate of Technology Transfer Registration, the agency issuing the Certificate of Technology Transfer Registration shall notify in writing to organizations, individuals, financial management agencies at the same level, and competent authorities deciding to provide support and incentives to organizations and individuals as prescribed by law, and post it on the electronic information portal of the agency.

Within five working days from the date of receiving the notification of revoking the effectiveness of the Certificate of Technology Transfer Registration, the financial management agency and the authority providing support and incentives to organizations and individuals shall send a notification to those organizations and individuals requesting full repayment of the provided support and incentives as prescribed.

3. Within twenty working days from the date of receiving the notification requesting repayment of the provided support and incentives, organizations and individuals whose Certificate of Technology Transfer Registration has been revoked must fully repay the funds to the State budget through the national treasury system.

Beyond the prescribed time limit, if organizations and individuals fail to repay the provided support and incentives, they will be subject to handling according to relevant laws.

4. Organizations shall compile the situation of repaying state budget funds into their annual settlement reports and financial reports as prescribed by law.

Chapter III

MEASURES TO SUPPORT, PROMOTE TECHNOLOGY TRANSFER, APPLICATION, AND TECHNOLOGICAL INNOVATION AND DEVELOPMENT OF THE SCIENCE AND TECHNOLOGY MARKET

SUPPORT FOR TECHNOLOGY TRANSFER, APPLICATION, AND TECHNOLOGICAL INNOVATION

Section 1

SUPPORT FOR TECHNOLOGY TRANSFER, APPLICATION, AND TECHNOLOGICAL INNOVATION

Article 8. Support for enterprises with projects in preferential investment industries and areas receiving technology transfer from science and technology organizations

1. Conditions for support:

a) Having projects in preferential investment industries and areas as prescribed by investment laws;

b) Having a technology transfer contract or a Certificate of Technology Transfer Registration (if required to register technology transfer);

c) The transferred technology belongs to the project specified in point a of this clause.

2. Forms of support:

a) Providing loans with preferential interest rates and supporting loan interest rates for implementing technology transfer;

b) Supporting funding through scientific and technological tasks or direct support.

3. Content of support under point b, Clause 2 of this Article to serve activities of improving and innovating technology, maximizing efficiency; enhancing productivity and product quality during the implementation of technology transfer includes:

a) Being prioritized for inclusion in the selection list of assigned tasks and directly funded, and supported according to the regulations of programs and funds through scientific and technological tasks;

b) Being supported for hiring consulting experts to serve the evaluation and adjustment of equipment, production processes, assembly lines; training and enhancing the capacity to absorb and master technology for enterprises for direct support.

4. Sources of support funding:

a) For support through scientific and technological tasks as stipulated in point a, Clause 3 of this Article, the sources of support funding are allocated from national science and technology programs; science and technology development funds of enterprises, ministries, agencies equivalent to ministries, government agencies, provinces, centrally governed cities; state budget funds for science and technology and other legitimate sources;

b) For direct support as stipulated in point b, Clause 3 of this Article, the sources of support funding are allocated from science and technology development funds of ministries, agencies equivalent to ministries, government agencies, provinces, centrally governed cities; state budget funds for science and technology and other legitimate sources.

5. Level of support:

In addition to enjoying investment incentives for preferential industries and areas as prescribed by investment laws, enterprises shall enjoy the following levels of support:

a) The level of support applied according to current regulations for the sources specified in point a, Clause 4 of this Article;

b) Receiving maximum support of 2% per year of the loan interest rate from the National Technological Innovation Fund, science and technology development funds of ministries, agencies equivalent to ministries, government agencies, provinces, centrally governed cities for the loan amount to implement technology transfer in the project;

c) Receiving loans with preferential interest rates according to the regulations of funds and credit institutions providing preferential loans for the loan amount to implement technology transfer in the project.

Article 9. Competence, procedure, and process for supporting enterprises with projects in priority investment sectors and areas to receive technology transfer from scientific and technological organizations.

1. Documents for requesting financial support:

a) For requests for financial support to implement scientific and technological tasks serving technology transfer activities, the documents include:

- Materials as prescribed by the Law on Science and Technology and guiding documents for implementing scientific and technological tasks;

- Technology transfer contract or Certificate of registered technology transfer (if required to register technology transfer).

b) For requests for preferential loans and interest rate support for loans related to technology transfer within investment projects, the documents include:

- Materials as prescribed by credit institutions providing preferential loans and interest rate support;

- Technology transfer contract or Certificate of registered technology transfer (if required to register technology transfer);

- A detailed report on the expected effectiveness of technology transfer activities including economic benefits and other benefits from technology transfer (for interest rate support after completing the investment project).

2. Competence, procedure, and process for implementation

a) For support from national science and technology programs, enterprise science and technology development funds, ministries, ministerial-level agencies, government agencies, provincial and centrally-administered city authorities, and state budget funds allocated for science and technology, the competence, procedure, and process for support shall be carried out according to the provisions of the Law on Science and Technology and guiding documents for implementing scientific and technological tasks;

b) For support from local state budgets, the competence, procedure, and process for support shall be carried out according to the regulations of local state management agencies;

c) For other lawful sources of support, the competence, procedure, and process for support shall be carried out according to current laws.

Article 10. Enterprise Science and Technology Development Fund

1. The investment activities of the enterprise science and technology development fund as stipulated in Clause 2 of Article 35 of the Law on Technology Transfer include:

a) Investment and capital matching for innovative startups;

b) Technological innovation, technology incubation, incubation of science and technology enterprises, commercialization of research results and technological development;

c) Decoding technology, investment in technical infrastructure for decoding technology activities;

d) Hiring domestic and foreign organizations and individuals to provide consulting and manage the investment activities of the enterprise science and technology development fund according to contracts between the parties.

2. Investment and capital matching for innovative startups shall be implemented in the following forms:

a) Contributing capital to establish innovative startup enterprises;

b) Purchasing shares or equity contributions of innovative startup enterprises;

c) Contributing capital to startup investment funds;

d) Business cooperation.

3. Investment and capital matching activities as stipulated in Clause 2 of this Article shall be conducted in the main business fields and industries of the enterprise and comply with the provisions of the Investment Law, the Enterprise Law, the Small and Medium-sized Enterprise Support Law, and other relevant laws.

4. State-owned enterprises conducting activities as stipulated in Clause 2 of this Article must comply with the regulations on managing and using state capital invested in production and business operations of enterprises.

Article 11. Using property rights as collateral for loan transactions

1. The following objects may be used as collateral for loan transactions to implement scientific and technological projects, innovative startups, production development, and business operations from scientific research results and technological development:

a) Ownership and usage rights over the results of scientific and technological tasks, as defined by laws on science and technology and laws on state asset management and utilization, which can be valued as property rights;

b) Ownership and usage rights over intellectual property objects, as defined by laws on intellectual property, which can be valued as property rights;

c) Other rights arising from the results of scientific and technological tasks and intellectual property objects, as defined by laws, which can be valued as property rights.

2. Conditions and procedures for using property rights specified in Clause 1 of this Article as collateral for loan transactions for investment purposes shall be carried out in accordance with laws on secured transactions and management regulations and operational rules of lending organizations.

Article 12. Encouraging forms of cooperation between enterprises and agencies, organizations, and individuals to implement investment projects for technological innovation, innovative startups, infrastructure development to serve scientific and technological development, and joint research activities

1. Enterprises cooperating with agencies, organizations, and individuals to implement investment projects for technological innovation and innovative startups shall enjoy the following incentives:

a) Receiving support as stipulated in Article 8 of this Decree for technological innovation investment projects with technology transfer contracts or Technology Transfer Registration Certificates (if required to register technology transfer) and within priority industries, occupations, and investment areas;

b) Enjoying support as stipulated at points a, b, and c of Clause 1 of Article 15 of this Decree for individuals participating in technological innovation investment projects;

c) Prioritizing inclusion of scientific and technological tasks in the list of tasks under the National Technological Innovation Program, scientific and technological programs supporting technological innovation and startup activities, and science and technology development funds of ministries, ministerial-level agencies, government agencies, provincial-level cities directly under the central government;

d) Renting technical labor, market demand surveys, renting equipment, using laboratories, technical facilities to perfect and develop products and business models for innovative startups that have received initial investments from investors or startup support organizations.

2. Enterprises cooperating with agencies, organizations, and individuals to implement investment projects for infrastructure development to serve scientific and technological development shall enjoy the following incentives:

a) Priority investment in high-tech zones for projects meeting conditions in high-tech fields;

b) Encouragement to implement through public-private partnership (PPP) models and enjoying incentives as prescribed by laws on investment for projects conducting research, manufacturing, experimental production, technology incubation, and technology enterprise incubation activities. Project implementation shall comply with laws on investment through PPP models;

c) Support for repair costs and utilization of incubation facilities, technical facilities, and shared workspaces with preferential prices for incubation and startup activities; investment in shared equipment for incubation and startup activities; installation of information technology infrastructure and free provision of internet services for incubation facilities, technical facilities, and shared workspaces.

3. Enterprises cooperating with agencies, organizations, and individuals to implement joint research projects shall enjoy the following incentives:

a) Priority inclusion in the list of scientific and technological tasks in bilateral and multilateral cooperation programs for joint research involving foreign organizations or individuals;

b) Support for the publication of new technologies and products from joint research outcomes as stipulated in Article 26 of this Decree;

c) Support for the exploitation and utilization of scientific research and technological development results as stipulated in Article 24 of this Decree;

d) Consideration for financial support if they meet the provisions of Article 19 of this Decree.

Article 13. Support and incentives for enterprises investing in material and technical infrastructure for technology decoding activities, and organizations and individuals implementing technology decoding activities

1. Investment in material and technical infrastructure for technology decoding activities includes investment in laboratories, sample analysis, modeling and simulation, calibration, experimental workshops, testing and sample production.

2. Enterprises implementing any of the activities specified in Clause 1 of this Article shall enjoy the following incentives and support:

a) Capital support, loan guarantees, interest rate subsidies on loans from the National Technology Innovation Fund, credit institutions;

b) Priority investment in high-tech zones.

3. Organizations and individuals implementing technology decoding activities shall enjoy the following support and incentives:

a) Capital support, loan guarantees, interest rate subsidies on loans from the National Technology Innovation Fund, credit institutions;

b) Machinery, equipment, spare parts, specialized materials; domestic samples that have not yet been produced for direct use in technology decoding activities shall be entitled to tax incentives in accordance with the provisions of the Law on Taxation;

c) Products formed from technology decoding activities are encouraged to be used in investment projects utilizing state budget funds, prioritized in tender procurement and provision of products and public services;

d) Training and capacity building support to enhance the ability to absorb and master technology for enterprises;

đ) Projects implementing technology decoding activities shall be prioritized for inclusion in the list of science and technology tasks for direct assignment under programs, projects, and science and technology funds;

4. Conditions for enjoying support and incentives for organizations and individuals implementing technology decoding activities:

a) The technology to be decoded must be advanced, cutting-edge, clean technology serving strategic goals, planning, and socio-economic development plans at the national, sectoral, regional, and local levels;

b) For technology decoding activities serving defense and security, they shall be carried out in accordance with the relevant laws in the field of defense and security.

5. Content of support through science and technology tasks:

a) Procurement and import of samples (products, technologies, designs, equipment, systems requiring decoding) to serve technology decoding activities;

b) Hiring experts to provide consulting, search, technical support, and skilled labor to serve technology decoding activities;

c) Utilization of laboratory, measurement, testing, standard evaluation systems to serve technology decoding activities;

d) Other support contents according to guidance documents for funding sources specified in Clause 6 of this Article.

6. Sources of funding for support through science and technology tasks are allocated from the National Technology Innovation Program, corporate science and technology development funds, ministries, agencies equivalent to ministries, government agencies, provincial-level cities directly under the central government, state budget funds for science and technology, and other legitimate funding sources.

7. Authority, procedures, and levels of support are implemented in accordance with the provisions of the Law on Science and Technology and guiding documents for science and technology tasks supported from the National Technology Innovation Program, corporate science and technology development funds, ministries, agencies equivalent to ministries, government agencies, provincial-level cities directly under the central government, state budget funds for science and technology.

Authority, procedures, and levels of support for funding sources mobilized from other legitimate sources are implemented in accordance with current laws.

Article 14. Support for scientific and technological organizations engaging in collaboration with local technology application and transfer organizations to perfect research results suitable to the specific characteristics of the locality.

1. Scientific and technological organizations that own research results and engage in collaboration with local technology application and transfer organizations shall be supported through scientific and technological tasks with the following contents:

a) Searching for and hiring experts to analyze and evaluate research results to ensure their application and transfer according to the specific characteristics of the locality;

b) Conducting experimental studies and trials to perfect research results; developing technological processes and production lines;

c) Other support contents as specified in the guidance documents for activities concerning the sources of funding provided for in point a, Clause 2 of this Article.

2. Sources of funding and levels of support:

a) The funding for support through scientific and technological tasks shall be allocated from national science and technology programs, corporate science and technology development funds, ministries, ministerial-level agencies, government agencies, provincial and centrally-administered city authorities, state budget funds designated for science and technology, and other legitimate sources;

b) The level of support shall be applied according to the guidance documents for the sources of funding provided for in point a of this clause.

3. Competent authority, procedures, and formalities:

a) The support application dossier includes:

- Materials as prescribed by the Law on Science and Technology and guiding documents for implementing scientific and technological tasks;

- Documents proving lawful ownership of research results or commitment letters in cases where such documents are not available;

b) The competent authority, procedures, and formalities shall be carried out in accordance with the provisions of the Law on Science and Technology and the implementing regulations for scientific and technological tasks.

The competent authority, procedures, and formalities for support from other legitimate sources shall be implemented in accordance with current laws.

4. Local technology application and transfer organizations shall be responsible for investigating, surveying, compiling, and selecting the needs to perfect research results suitable to the specific characteristics of the locality.

Article 15. Support for individuals from research institutions and higher education institutions participating in research, technology transfer, application, and innovation activities at production and business establishments.

1. Individuals from research institutions and higher education institutions who carry out research, technology transfer, application, and innovation activities at production and business establishments shall enjoy the following supports:

a) During the period working at high-tech product manufacturing enterprises, they shall benefit from preferential treatment for high-tech human resources as stipulated in Clause 10, Article 3 of the High-Tech Industry Law;

b) They shall be given priority to participate in training and capacity-building programs to enhance their ability to absorb and master technology;

c) They shall be prioritized for inclusion in the database of science and technology experts;

d) For individuals from research institutions and higher education institutions, the time spent working at enterprises shall be counted towards the research time quota.

2. Individuals from research institutions and higher education institutions who carry out research, technology transfer, application, and innovation activities at production and business establishments shall enjoy the following State incentives and supports in the following cases:

a) For individuals from research institutions meeting the criteria for educational qualifications, training, and professional standards from the Researcher, Engineer, or Technician category and above as prescribed in the code and occupational standards for science and technology professionals;

b) For individuals from higher education institutions meeting the criteria for educational qualifications, training, and professional standards from the Lecturer category and above as prescribed in the code and occupational standards for teaching staff in higher education institutions.

Section 2

SUPPORT AND PROMOTION FOR THE DEVELOPMENT OF THE SCIENCE AND TECHNOLOGY MARKET

Article 16. Transfer of ownership rights to the results of scientific and technological tasks supported by state funding

1. The result determining the value of assets of the scientific and technological task outcomes that belong to the state's ownership according to the laws on managing and using public assets shall serve as the basis for the competent authority to consider and decide on transferring ownership rights to the results of scientific and technological tasks.

2. The procedures and formalities for transferring ownership rights to the results of scientific and technological tasks supported by state funding shall be implemented in accordance with the laws on managing and using public assets.

Article 17. Distribution of profits from commercializing research and technology development results funded by the state budget

The distribution of profits from commercializing research and technology development results funded by the state budget shall be carried out as follows:

1. For research and technology development results protected by intellectual property rights, the remuneration paid to the authors shall be implemented according to the laws on intellectual property.

2. For research and technology development results not protected by intellectual property rights, the remuneration paid to the authors shall be implemented according to the laws on science and technology.

3. Intermediary organizations and brokers shall enjoy profit distribution levels agreed upon between the parties but not exceeding 10%, in cases where there is no agreement, the 10% level shall be applied.

4. In cases where the right to use requires payment of part of the profit to the state, the distribution of profits to the state shall be carried out according to the laws on managing and using public assets.

5. After distributing to related parties, the leading organization may use the remaining profit as follows:

a) Allocate up to 50% for scientific and technological activities, establish or supplement the science and technology development fund;

b) Use the remaining profit for rewards, welfare, and development investment of the leading organization.

Article 18. Recognition of research and technology development results conducted by organizations and individuals at their own expense

1. Organizations and individuals proposing recognition of research and technology development results submit applications directly or send via postal service to the competent authority (one paper copy and one electronic copy). The application includes:

a) A document requesting recognition of research and technology development results from organizations and individuals;

b) Documentation proving legitimate ownership rights over research and technology development results or a commitment letter in case of lack of documentation;

c) Documentation describing the characteristics, technical effectiveness, economic-social-environmental benefits of research and technology development results (drawings, designs, processes, diagrams, survey, analysis, evaluation, testing results);

d) Documentation demonstrating the transfer and effective application of research and technology development results in practice;

đ) Other documents (if applicable): Comments from organizations and individuals on practical application effectiveness, awards, intellectual property documents, standards, measurement, quality, other relevant documents.

2. The competent authority for recognition is a ministry or agency equivalent to a ministry under its jurisdiction or the People's Committee of the province where the research and technology development results are transferred and applied.

3. The procedure for reviewing and evaluating the application is carried out according to the corresponding provisions in Clause 6, Article 20 of this Decree.

4. Content of the application review and evaluation:

a) Compliance with legal regulations on ownership rights over research and technology development results;

b) Content and methods of conducting research, testing, transferring, applying; technical characteristics of research and technology development results in specific fields;

c) Scope and scale of application and transfer; economic-social-environmental-national defense-security values under specific national and local conditions.

5. The competent authority shall issue a decision to revoke the recognition document for research and technology development results in the following cases:

a) Discovery of false information, fake documents in the application or violations of intellectual property rights, ownership rights over research and technology development results;

b) Violations during the review and recognition process.

6. The Ministry of Science and Technology shall issue forms to implement the procedures stipulated in this Article.

Article 19. Financial support for purchasing scientific research and technological development outcomes funded by organizations and individuals

1. Scientific research and technological development outcomes of organizations and individuals that have been transferred and effectively applied in practice, recognized by competent authorities, and are significant to the national economic and social development, localities, and national defense and security shall be considered for purchase by the State in accordance with the laws on procurement using state funds.

2. Scientific research and technological development outcomes that meet the following conditions shall be considered for financial support by competent authorities:

a) The outcomes have been effectively transferred and applied in practice and recognized by competent authorities;

b) The outcomes have been effectively transferred and applied in practice within three years from the date of application and transfer;

c) The outcomes belong to the list of encouraged technology transfers;

d) Organizations and individuals proposing support have feasible plans for commercializing the outcomes.

3. Support for organizations and individuals with scientific research and technological development outcomes meeting the provisions of Clause 2 of this Article shall be provided through the following forms:

a) Financial support;

b) Support through scientific research and technological development tasks.

4. The source of funds for supporting or purchasing scientific research and technological development outcomes shall come from the state budget, programs, and projects managed by ministries, sectors, and localities.

Article 20. Procedures and authority for financial support and purchasing scientific research and technological development outcomes

1. Organizations and individuals requesting the State to provide financial support or purchase scientific research and technological development outcomes shall submit applications directly or send them via postal service to the competent authority (one paper copy and one electronic copy).

2. Application documents for support include:

a) Request letter accompanied by explanatory documents;

b) Official recognition documents for scientific research and technological development outcomes issued by competent authorities;

c) Documents demonstrating the application and transfer of scientific research and technological development outcomes within three years.

3. Application documents for purchase include:

a) Documents specified in points a and b of Clause 2 of this Article;

b) Recommendation letters from agencies and organizations regarding the necessity of purchase and management, exploitation, and transfer plans for scientific research and technological development outcomes.

4. Content of evaluation of application documents submitted by organizations and individuals before considering support or purchase of scientific research and technological development outcomes:

a) For purchase application documents: Conditions stipulated in Article 19, Clause 1 of this Decree; feasibility of management, exploitation, and transfer plans for scientific research and technological development outcomes;

b) For financial support application documents: Conditions stipulated in Article 19, Clause 2 of this Decree.

5. Competent authorities responsible for evaluating application documents are ministries and equivalent bodies according to their respective fields under their jurisdiction; People's Committees of provinces where scientific research and technological development outcomes are applied.

6. Procedure for examination and evaluation:

a) Within three working days from the date of receipt of the application documents, the competent authority shall notify organizations and individuals about the results of the examination and request for amendments and supplements (if necessary). In case the application documents do not meet the requirements, there must be a notification letter specifying the reasons;

b) Within fifteen working days, the competent authority shall conduct the evaluation of the application documents through an evaluation board. The evaluation board shall consist of seven to nine members, including representatives of management agencies and experts in relevant fields;

c) Within seven working days from the date of receiving the evaluation results of the board, the authorized person shall approve the application documents for consideration of support or purchase. In case the application documents are not approved, there must be a notification letter specifying the reasons;

d) Evaluation costs shall be budgeted in the budgets of ministries, sectors, and localities.

7. Scientific research and technological development outcomes approved for consideration of purchase or support shall be announced on the official website and sent to organizations and individuals who submitted the application documents and local science and technology management agencies.

8. Methods of purchase and support:

a) The method of purchasing scientific research and technological development outcomes shall be carried out in accordance with the laws on procurement using state funds and other related laws;

b) The method of support shall be implemented in accordance with the laws on science and technology and related programs and projects.

9. The Ministry of Science and Technology shall issue forms to implement the procedures stipulated in this Article.

Article 21. Purchase, research and improvement of inventions and innovations for transfer to enterprises and dissemination to the public

1. Inventions and innovations that have been effectively applied on a small scale will be considered for purchase by the State to transfer to enterprises for application and dissemination to the public in accordance with the laws on procurement using state capital.

2. Organizations and individuals holding inventions and innovations that have been effectively applied on a small scale shall be prioritized to participate in programs and projects managed by ministries, sectors, and localities to conduct research and improvement, transfer, and expand the scope of application.

Article 22. Procedures and formalities for purchasing inventions and innovations

1. Organizations and individuals proposing the State to purchase inventions and innovations submit applications directly or via postal service to the competent authority (one paper copy and one electronic copy). The application includes:

a) A request for the State to purchase inventions and innovations;

b) Patent certificates and certificates of recognition for innovations;

c) Documentation demonstrating the practical effectiveness of applying inventions and innovations and the potential for expanding their application scale;

d) Recommendations from agencies and organizations regarding the necessity of purchasing inventions and innovations and management, exploitation, and transfer plans.

2. Content of evaluation of the application submitted by organizations and individuals before considering the purchase of inventions and innovations:

a) Validity, scope of protection, and content of the invention's solution protected; content of the innovation recognized by the competent authority;

b) Practical application effectiveness of inventions and innovations; business and public needs; conditions and potential for expanding the application scale of inventions and innovations;

c) Potential for applying inventions and innovations to serve social benefits in production, provision of public products and services; serving national defense and security; environmental protection, and people's health protection;

3. Authority and procedures for reviewing and evaluating applications are carried out in accordance with the corresponding provisions of Clauses 5 and 6 of Article 20 of this Decree.

4. Obligation to publish inventions and innovations meeting the conditions for consideration for purchase is implemented in accordance with Clause 7 of Article 20 of this Decree.

5. Methods for purchasing inventions are carried out in accordance with the laws on procurement using state capital and other relevant laws.

6. The Ministry of Science and Technology shall issue forms to implement the procedures stipulated in this Article.

Article 23. Collection, evaluation, selection, recognition, and publication of results of scientific research and technological development to meet the demand for innovation of organizations and individuals in various industries, professions, and fields under分级管理

1. The collection, evaluation, selection, and publication of results of scientific research and technological development to meet the demand for innovation of organizations and individuals are carried out in accordance with the laws on scientific and technological information activities.

2. Recognition of results of scientific research and technological development funded by the state budget is carried out in accordance with the laws on science and technology; for results of scientific research and technological development self-funded by organizations and individuals, it is carried out in accordance with Article 18 of this Decree.

3. Sources of funds for collecting, evaluating, selecting, recognizing, and publishing results of scientific research and technological development are budgeted within the budgets of ministries, sectors, and localities and other legitimate sources.

Article 24. Promoting the exploitation and utilization of scientific research results and technological development outcomes, technological ideas

1. The State provides free information on science and technology to the following entities:

a) Science and technology enterprises, high-tech enterprises;

b) Individuals, groups of individuals implementing innovative start-up projects, innovative start-up enterprises;

c) Organizations supporting innovation, supporting innovative start-ups; technology incubation bases, science and technology enterprise incubation bases, high-tech enterprise incubation bases.

2. The entities specified in Clause 1 of this Article shall be prioritized to participate in programs and projects supporting the exploitation of scientific and technological information, the exploitation of inventions, the recognition of intellectual property assets, and the commercialization of scientific research and technological development outcomes.

Article 25. Priority in Establishing Industrial Property Rights, Recognizing and Registering for Circulation of New Products and Technologies

Competent state agencies shall give priority consideration to:

1. Establishing industrial property rights for organizations and individuals with scientific research and technological development outcomes to establish and develop science and technology enterprises, high-tech enterprises, and innovative start-up enterprises.

2. Recognizing, registering, and circulating new products and technologies for organizations and individuals to apply, transfer, and commercialize.

Article 26. Announcing New Technologies and Products Created in Vietnam from Scientific Research and Technological Development Outcomes

1. Organizations and individuals proposing to evaluate and appraise new technologies and products submit applications directly or send them via postal service to the competent authority (one paper copy and one electronic copy). The application includes:

a) A request for evaluation and appraisal of new technologies and products;

b) Documentation proving legitimate ownership of new technologies and products or a statement in case of lack of such documentation;

c) Documentation describing characteristics, technical effectiveness, quality, and comparison with corresponding features of imported equivalent technologies or products or those currently used in other countries;

d) Reports on the application results of new technologies and products;

đ) Additional documents (if available): Comments from organizations and individuals on the application effectiveness of new technologies and products; awards; intellectual property documentation, standards, measurement, quality, and related materials.

2. Content of Evaluation and Appraisal:

a) Compliance with legal provisions on ownership; intellectual property rights; standards, measurement, quality; testing results, circulation conditions;

b) Price comparison between new technologies and products and imported equivalents;

c) Characteristics, technical effectiveness, quality, and comparison with corresponding features of imported equivalent technologies or products or those currently used in other countries;

d) Scope and scale of application and transfer; economic, social, environmental, national defense, and security value under specific national and local conditions.

3. Procedures and formalities for reviewing and evaluating applications are carried out according to the relevant provisions of Clause 6, Article 20 of this Decree.

4. The Ministry of Science and Technology decides to announce new technologies and products created in Vietnam that have prices and qualities equivalent to imported technologies and products and publish them on the official website.

5. Encouragement is given to agencies and organizations to use new technologies and products created in Vietnam and announced in accordance with Clause 4 of this Article in state budget-funded investment projects, prioritizing in public procurement tenders for product and service provision.

6. The Ministry of Science and Technology shall issue forms to implement the procedures stipulated in this Article.

Article 27. Development of technology to create and improve national key and main products

1. Domestic organizations and individuals that create technology from scientific research and technological development results for the production of national key and main products shall be considered for financial support or purchase in accordance with Articles 19 and 20 of this Decree.

2. Organizations and individuals receiving transferred technology to develop technology and improve national key and main products shall be prioritized for consideration to implement scientific and technological tasks.

3. Organizations and individuals implementing scientific and technological tasks to develop technology and improve national key and main products, in addition to current funding provisions, shall be supported financially to purchase copyrights and software tools; plant and animal breeds; technical equipment, intellectual property information, and technological secrets; import sample products for analysis and decoding technology; hire domestic and foreign experts for assessment and decoding technology.

4. Organizations and individuals transferring, applying, and improving technology to produce national key and main products shall enjoy preferential credit, tax, land use, trade promotion, and market development support according to national programs on science and technology and other programs and projects managed by ministries, sectors, and localities.

5. Sources of funds:

a) The financial support or purchase funds specified in Clause 1 of this Article shall be allocated from the state budget, programs, and projects managed by ministries, sectors, and localities.

b) The financial support funds specified in Clause 3 of this Article shall be allocated from the state budget for science and technology, science and technology development funds of ministries, agencies at the ministerial level, government agencies, provinces, and centrally governed cities; national science and technology programs; other programs and projects managed by ministries, sectors, and localities, and other lawful sources.

6. Competence, procedures, and formalities:

a) For the contents stipulated in Clause 1 of this Article, they shall be implemented in accordance with Article 20 of this Decree.

b) For the contents stipulated in Clauses 2 and 3 of this Article, they shall be implemented in accordance with the Law on Science and Technology and guiding documents for scientific and technological tasks.

c) For support from other programs and projects managed by ministries, sectors, and localities, they shall be implemented in accordance with current laws.

Article 28. Training and enhancing enterprises' capacity to absorb and master technology

1. The content of training and enhancement to improve enterprises' capacity to absorb and master technology includes: Training on technology management, technology governance, updating new technologies, searching for technology; negotiating and transferring technology; skills in operating and effectively utilizing technologies; adapting, improving, and decoding technology; in-depth training on product design and development based on technology, and other relevant content suitable for socio-economic development.

2. Support activities for training and enhancing enterprises' capacity to absorb and master technology include:

a) Surveying, assessing enterprise training and enhancement needs; surveying and evaluating the impact and effectiveness of training and enhancement activities; organizing activities to manage, inspect, and evaluate the implementation of enterprise training and enhancement nationwide;

b) Designing a framework program for training and enhancement on the contents stipulated in Clause 1 of this Article;

c) Developing training plans, compiling training content and materials, printing textbooks and materials to serve training and enhancement activities;

d) Training and enhancing lecturers and collaborators participating in enterprise training and enhancement courses.

3. Forms of organization for training and enhancement include centralized training, on-site training at enterprises, online training, and other forms.

4. Sources of financial support are derived from the science and technology public service fund, the science and technology development fund of enterprises, ministries, agencies at the ministerial level, government agencies, provinces, and centrally governed cities; national science and technology programs, and other programs and projects managed by ministries, sectors, and localities.

5. Competence, procedures, formalities, and levels of support shall be implemented in accordance with the Law on Science and Technology and guiding documents for the science and technology public service fund and the science and technology development fund of ministries, agencies at the ministerial level, government agencies, provinces, and centrally governed cities; national science and technology programs.

Competence, procedures, formalities, and levels of support for financial support from other programs and projects managed by ministries, sectors, and localities shall be implemented in accordance with current laws.

Article 29. Training, capacity building, and encouragement for organizations and individuals to participate in commercializing research and technological development results, and developing science and technology markets

1. Training and capacity building targets:

a) Organizations and individuals with research and technological development results that have the potential for commercialization;

b) Organizations and individuals supporting the commercialization of research and technological development results;

c) Organizations and individuals involved in managing commercialization activities and supporting the commercialization of research and technological development results;

2. Conditions for training and capacity building organizations:

a) Organizations having functions and tasks related to training and capacity building on commercializing research and technological development results, and developing science and technology markets;

b) Having a team of staff, experts, and collaborators with appropriate expertise in training content related to commercializing research and technological development results, and developing science and technology markets;

c) Having a training program framework approved or accepted by ministries, sectors, or localities that is suitable for the practical needs and objectives of the training targets.

3. Support contents:

a) Hiring domestic and foreign experts; purchasing copyrights, software, data for training courses on commercializing research and technological development results, brokerage, consulting, promoting technology transfer, evaluation, valuation, and technology appraisal;

b) Compiling and issuing technical documents, model documents, guidance documents on commercializing research and technological development results, intellectual property; brokerage, consulting, promoting technology transfer, evaluation, valuation, and technology appraisal;

c) Conducting training and capacity building domestically, internationally, and through electronic information networks on commercializing research and technological development results, intellectual property; brokerage, consulting, promoting technology transfer, evaluation, valuation, and technology appraisal.

4. Encouraging organizations and individuals to participate in commercializing research and technological development results through supporting the organization of competitions, honoring, and awarding prizes to organizations and individuals achieving high results in applying, transferring, innovating technologies, starting innovative businesses, and commercializing research and technological development results.

5. The source of support funds is derived from the state budget for science and technology affairs, national programs on science and technology, and other programs and projects managed by ministries, sectors, or localities.

6. Authority, procedures, formalities, and levels of support are implemented according to the provisions of the Law on Science and Technology and guiding documents for the state budget for science and technology affairs and national programs on science and technology.

Competence, procedures, formalities, and levels of support for financial support from other programs and projects managed by ministries, sectors, and localities shall be implemented in accordance with current laws.

Article 30. Supporting the Development of Intermediary Organizations in the Science and Technology Market

1. Support Objectives:

a) Organizations providing brokerage, consulting, promotion of technology transfer, evaluation, valuation, and technology appraisal services;

b) Organizations providing connection services to assist others in transactions related to technology, including: research and development support services, technology commercialization services; intellectual property, standards, measurement, quality services; investment consulting, trade promotion, start-up support, technology incubation, business incubation services; small and medium enterprise support organizations; cooperative alliances; industry associations.

2. Content of support:

a) Access to the national database on technology, technology products, research and technological development results, intellectual property, and the innovation ecosystem;

b) Searching, collecting, and providing information on technology, intellectual property, standards, measurement, quality, technology experts, technology needs; establishing databases and tools for exploiting market information on science and technology to serve state management;

c) Brokerage, consulting, promotion of technology transfer; disseminating research and technological development results, technology ideas;

d) Organizing and participating in domestic and international events on promoting the technology market, commercializing inventions, and innovative start-ups;

đ) Hiring domestic and foreign consulting experts; organizing training on brokerage, promotion of technology transfer; evaluation, valuation, and technology appraisal; intellectual property management; commercializing research and technological development results; supporting innovative start-ups.

3. Forms of support: Through projects enhancing the capacity of intermediary organizations.

4. The source of support funds is allocated from the state budget for science and technology affairs, national programs on science and technology, and other programs and projects managed by ministries, sectors, or localities.

5. Authority, procedures, formalities, and levels of support are implemented according to the provisions of the Law on Science and Technology and guiding documents for the state budget for science and technology affairs and national programs on science and technology.

Competence, procedures, formalities, and levels of support for financial support from other programs and projects managed by ministries, sectors, and localities shall be implemented in accordance with current laws.

Article 31. Support and enhancement of capacity for information exploitation to serve the organization of technology transfer services

1. Develop sources of technological information including:

a) Information on intellectual property;

b) Databases of technological information and tools for analyzing, evaluating technology, technological level, forecasting technological trends, building technology maps, technology roadmaps;

c) Databases of consulting experts in science and technology by specialty serving deep consultation needs as required.

2. The Ministry of Science and Technology is responsible for:

a) Take the lead and coordinate with ministries, sectors, localities to organize the implementation of the contents stipulated in Clause 1 of this Article;

b) Create conditions for enterprises, business associations, industry associations, cooperatives; organizations on intellectual property, technology transfer, investment promotion, trade promotion to access and exploit technological information created using state budget funds.

3. Forms of providing technological information include:

a) Providing technological information directly at the agency's headquarters, technology fairs; specialized conferences, seminars, forums; training and workshops; direct contact with enterprises;

b) Providing online information and other forms.

Chapter IV

AUTHORITY, PROCEDURE, REQUIREMENTS FOR THE ACTIVITY OF ORGANIZATIONS EVALUATING, VALUING, AND TECHNICAL SUPERVISION

Article 32. Special Conditions for Organizations Conducting Technology Valuation

1. Organizations conducting technology valuation activities must meet the following conditions:

a) Hold a Business Registration Certificate for Technology Valuation Services in accordance with the Law on Prices for enterprises, and a Registration Certificate for Scientific and Technological Activities for scientific and technological organizations;

b) Have at least two valuation professionals who have completed the update program on technology valuation and intellectual property valuation organized or recognized by the Ministry of Science and Technology.

2. The valuation certificate for technology issued by valuation professionals meeting the conditions specified in Clause 1 of this Article shall be valid.

3. The Ministry of Science and Technology shall publish on its electronic portal the list of organizations that meet the conditions for conducting technology valuation activities.

Article 33. Conditions for Issuing a Certificate of Eligibility for Technology Evaluation Service

Enterprises and scientific and technological organizations applying for a Certificate of Eligibility for Technology Evaluation Service must meet the following conditions:

1. Legally established and registered to operate in accordance with the law.

2. Have at least two specialists with a bachelor's degree or higher in a relevant field, with at least three years of experience working in the relevant technology evaluation field.

In cases where additional technology evaluation fields are added, there must be at least two technology evaluation specialists in the new technology evaluation field, meeting the conditions set out in this clause.

3. Have evaluation methods and procedures established by the organization.

Article 34. Procedure for Issuing a Certificate of Eligibility for Technology Evaluation Service

1. Issuance of a Certificate of Eligibility for Technology Evaluation Service:

a) Organizations applying for technology evaluation service registration submit directly or send via postal service one complete application package for a Certificate of Eligibility for Technology Evaluation Service to the competent authority as prescribed in Article 39 of this Decree;

b) If the application package is incomplete according to regulations, within three working days from the date of receipt, the competent authority shall notify in writing requesting the organization to amend and supplement the application package;

c) Within ten working days from the date of receiving a complete application package according to regulations, the competent authority shall issue a Certificate of Eligibility for Technology Evaluation Service in Form No. 06 attached as Appendix IV to this Decree. If rejected, it shall provide a written response stating the reasons.

2. Amendment and Supplement of a Certificate of Eligibility for Technology Evaluation Service:

a) This applies to organizations that have been issued a Certificate of Eligibility for Technology Evaluation Service when they wish to expand, reduce, or change the scope of technology evaluation or replace evaluation specialists;

b) The issuance procedure follows the provisions of Clause 1 of this Article. The certificate shall be in Form No. 06 attached as Appendix IV to this Decree.

3. Reissuance of a Certificate of Eligibility for Technology Evaluation Service:

a) This applies to organizations that have lost, damaged their Certificate of Eligibility for Technology Evaluation Service, or changed their name or address;

b) Within five working days from the date of receiving a complete application package according to regulations, the competent authority shall reissue the Certificate of Eligibility for Technology Evaluation Service in Form No. 06 attached as Appendix IV to this Decree to the organization. If the requirements are not met, it shall notify in writing and state the reasons.

Article 35. Documents for Issuing a Certificate of Eligibility for Technology Assessment Services

1. Documents for issuing a Certificate of Eligibility for Technology Assessment Services:

a) An application form for a Certificate of Eligibility for Technology Assessment Services according to Model No. 03 attached as Appendix IV to this Decree;

b) The decision on establishment of the organization, business registration certificate, or investment registration certificate (in case of direct submission: submit certified copies or copies accompanied by original documents for verification; in case of submission via postal service: send certified copies);

c) A list of technology assessment experts, including information on name, year of birth, qualifications, field of study, and years of work experience in the relevant technology field; attached with related documents for each technology assessor, including: cooperation agreement between the expert and the organization; certified copy of degree certificates as stipulated in Clause 2, Article 33 of this Decree; summary of technology assessment activity experience and documents proving the expert's technology assessment activity experience.

List of technology assessment experts of the organization and Summary of technology assessment activity experience of the expert according to Model No. 07 and Model No. 08 attached as Appendix IV to this Decree;

d) Documentation explaining the methodology and procedures for assessing technology corresponding to each relevant technology field.

2. Documents for amending and supplementing a Certificate of Eligibility for Technology Assessment Services include:

a) An application form for amending and supplementing a Certificate of Eligibility for Technology Assessment Services according to Model No. 04 attached as Appendix IV to this Decree;

b) Amended and supplemented list of technology assessment experts, including information on name, year of birth, qualifications, field of study, and years of work experience in the relevant technology field, attached with related documents for each technology assessment expert, including: cooperation agreement between the expert and the organization; certified copy of degree certificates as stipulated in Clause 2, Article 33 of this Decree; summary of work history, technology assessment activity experience, and documents proving the expert's technology assessment activity experience.

List of added and amended technology assessment experts of the organization and summary of technology assessment activity experience of added and amended technology assessment experts according to Model No. 07 and Model No. 08 attached as Appendix IV to this Decree.

3. Documents for issuing a Certificate of Eligibility for Technology Assessment Services include:

a) An application form for reissuing a Certificate of Eligibility for Technology Assessment Services according to Model No. 05 attached as Appendix IV to this Decree;

b) Original damaged Certificate of Eligibility (if applicable) for cases where the Certificate is damaged.

Article 36. Conditions for Issuing a Certificate of Eligibility for Technology Appraisal Services

Enterprises and scientific and technological organizations applying for a Certificate of Eligibility for Technology Appraisal Services must meet the following conditions:

1. Established and registered to operate in accordance with the provisions of the law;

2. Possess a management system and operational capacity that meet the requirements specified in the national standard TCVN ISO/IEC 17020:2012 or the international standard ISO/IEC 17020:2012 or the national or international standards for specialized appraisals;

3. Have at least two full-time appraisers in the organization's technology appraisal field (civil servants or employees under contracts of at least 12 months or indefinite-term contracts), meeting the following conditions:

a) Graduated from university or higher with a major suitable for the technology field to be appraised;

b) Trained in the national standard TCVN ISO/IEC 17020:2012 or the international standard ISO/IEC 17020:2012 or the national or international standards for specialized appraisals;

c) Have at least three years of work experience in the technology field to be appraised.

In cases of adding new technology appraisal fields, there must be at least two appraisers in the new technology appraisal field, meeting the conditions stipulated herein.

Article 37. Procedure for Issuing the Certificate of Eligibility for Technology Appraisal Services

The procedure for issuing the Certificate of Eligibility for Technology Appraisal Services shall be carried out in accordance with Article 34 of this Decree. The Certificate of Eligibility for Technology Appraisal Services shall be in Form No. 06 attached as Appendix IV to this Decree.

Article 38. Documents for Issuing the Certificate of Eligibility for Technology Appraisal Services

1. Documents for Issuing the Certificate of Eligibility for Technology Appraisal Services:

a) Application for Issuing the Certificate of Eligibility for Technology Appraisal Services in Form No. 03 attached as Appendix IV to this Decree;

b) The decision on establishment of the organization, business registration certificate, or investment registration certificate (in case of direct submission: submit certified copies or copies accompanied by original documents for verification; in case of submission via postal service: send certified copies);

c) Documentation proving the capability to conduct technology appraisals that meet the requirements stipulated in Clause 2 of Article 36 of this Decree;

d) List of technology appraisers along with related documentation for each technology appraiser including: A copy of the recruitment decision or labor contract, certified copies of diplomas and certificates as prescribed in Point a and Point b of Clause 3 of Article 36 of this Decree, summary of experience in conducting technology appraisals, and documentation proving the experience in conducting technology appraisals of the appraiser.

List of technology appraisers of the organization and summary of experience in conducting technology appraisals of technology appraisers in Form No. 07 and Form No. 08 attached as Appendix IV to this Decree;

đ) Documentation explaining the appraisal methods and procedures corresponding to each field of technology to be appraised;

e) Sample certification of appraisal of the organization.

2. Documents for Amending and Supplementing the Certificate of Eligibility for Technology Appraisal Services:

a) Application for Amending and Supplementing the Certificate of Eligibility for Technology Appraisal Services in Form No. 04 attached as Appendix IV to this Decree;

b) List of amended and supplemented technology appraisers, including information on name, year of birth, qualifications, field of study, years of work in the field of technology to be appraised, along with related documentation for each technology appraiser including: A copy of the recruitment decision or labor contract; certified copies of diplomas as prescribed in Point a and Point b of Clause 3 of Article 36 of this Decree; summary of career path, experience in conducting technology appraisals, and documentation proving the experience in conducting technology appraisals of the appraiser.

List of supplemented and amended technology appraisers of the organization and summary of experience in conducting technology appraisals of supplemented and amended technology appraisers in Form No. 07 and Form No. 08 attached as Appendix IV to this Decree.

3. Documents for Reissuing the Certificate of Eligibility for Technology Appraisal Services:

a) Application for Reissuing the Certificate of Eligibility for Technology Appraisal Services in Form No. 05 attached as Appendix IV to this Decree;

b) Original damaged Certificate of Eligibility (if applicable) for cases where the Certificate is damaged.

Article 39. Authority to Issue the Certificate of Eligibility for Technology Appraisal Services

1. The competent ministry or agency, based on its functions, tasks, and assigned powers, shall issue the Certificate of Eligibility for Technology Appraisal Services for cases registering to operate specialized technology evaluation and appraisal services under the responsibility of a single ministry or agency.

2. The Ministry of Science and Technology shall issue the Certificate of Eligibility for Technology Appraisal Services for cases registering to operate technology evaluation and appraisal services under the responsibility of two or more ministries or agencies.

Article 40. Reporting Obligations of Technology Assessment and Appraisal Organizations and Sectoral Management Agencies

1. Technology assessment and appraisal organizations shall be responsible for submitting reports on the implementation of technology assessment and appraisal activities to the competent authority certifying eligibility for technology assessment and appraisal services before December 31 each year. The data reported shall cover the period from December 15 of the previous year to December 14 of the reporting year.

The report on the implementation of technology assessment and appraisal activities by the organization shall be made in Form No. 09 attached at Appendix IV of this Decree.

2. The competent authority certifying eligibility for technology assessment and appraisal services shall submit reports on the issuance of certificates of eligibility for technology assessment and appraisal services to the Ministry of Science and Technology for unified management and publication on the Ministry's electronic portal before January 31 each year. The data reported shall cover the period from December 15 of the previous year to December 14 of the reporting year.

The report on the implementation of issuing certificates of eligibility for technology assessment and appraisal services shall be made in Form No. 11 attached at Appendix IV of this Decree.

Chapter V

IMPLEMENTATION

Article 41. Effective Date

This Decree takes effect from July 1, 2018 and replaces 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, 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 Law on Technology Transfer, and Decree No. 120/2014/NĐ-CP dated December 17, 2014 of the Government amending and supplementing certain provisions of Decree No. 133/2008/NĐ-CP dated December 31, 2008 detailing and guiding the implementation of certain provisions of the Law on Technology Transfer.

Article 42. Transitional Provisions

1. For technology transfer agreements concluded by the parties before July 1, 2018, after the Law on Technology Transfer comes into effect, if the parties extend the content of technology transfer that must be registered according to Clause 1, Article 31 of the Law on Technology Transfer, the procedures for registering the extension shall be carried out in accordance with Clauses 2, 3, and 4 of Article 33 of the Law on Technology Transfer and the provisions of this Decree.

2. For technology transfer agreements concluded by the parties before July 1, 2018, after the Law on Technology Transfer comes into effect, if the parties wish to register technology transfer, the procedures for registration shall be carried out in accordance with Clause 3 and Clause 5 of Article 31 of the Law on Technology Transfer and the provisions of this Decree.

If the extension of technology transfer is registered, the procedures for registering the extension shall be carried out in accordance with Clauses 2, 3, and 4 of Article 33 of the Law on Technology Transfer and the provisions of this Decree.

Article 43. Responsibility for Implementation

1. The Ministry of Science and Technology shall be responsible for guiding the implementation of the provisions assigned in this Decree.

2. The Ministry of Education and Training shall be responsible for guiding the implementation of Point d, Clause 1, Article 15 of this Decree.

3. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees shall be responsible for:

a) Allocating state budget funds, the National Technology Innovation Fund, and science and technology programs, science and technology development funds of ministries, ministerial-level agencies, government-affiliated agencies, provinces, centrally-administered cities, and mobilizing other sources of funding to support the activities stipulated in this Decree;

b) Adjusting and supplementing guidance documents for the operation of the National Technology Innovation Fund, science and technology programs, science and technology development funds of ministries, ministerial-level agencies, government-affiliated agencies, provinces, centrally-administered cities, and other related programs and projects in accordance with the provisions of this Decree.

4. Provincial People's Committees shall be responsible for assigning the Department of Science and Technology to take the lead and coordinate with relevant units to monitor, compile, and evaluate the effectiveness of applying research results and technological development after receiving support for completion.

Annually, provincial People's Committees shall compile the results of application and transfer of research results and technological development in their locality and report to the Ministry of Science and Technology.

5. The Minister of Science and Technology, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Decree./