Technology transfer is a concept that has appeared in recent decades and is an issue of interest to many researchers, with important implications for global economic development, especially for countries that are undergoing industrialization and modernization like Vietnam. Researching, formulating policies and strategies to improve efficiency in receiving and applying foreign advanced technologies to domestic production; As well as bringing domestic technology into production practice in each industry and field, which is considered a key stage, ensuring rapid and sustainable development.

However, before carrying out the procedures for technology transfer, the parties need to obtain written approval for technology transfer from the Ministry of Science and Technology.

Hereafter, Hong Bang Law would like to advise on the procedure for applying for technology transfer approval in Vietnam.

Legal basis

• Intellectual property law
• Law on Technology Transfer
• Circular 02/2018/TT-BKHCN stipulating the reporting regime for the performance of technology transfer contracts on the list of technologies restricted from transfer; Sample documents in technology transfer licensing activities, registration for renewal, modification, and supplementation of technology transfer content

Procedures

• In case of technology transfer on the List of technologies restricted from transfer, organizations or individuals (the technology transferee in the case of technology transfer from abroad to Vietnam and domestic technology transfer or the technology transferor). technology in the case of technology transfer from Vietnam to foreign countries) send the application for approval of technology transfer to the Ministry of Science and Technology.
• The Ministry of Science and Technology (Department of Technology Assessment, Appraisal, and Assessment) considers the dossier:

• In case the dossier is incomplete as prescribed, within 03 working days from the date of receipt of the dossier, the Ministry of Science and Technology shall send a written request to the organization or individual to supplement the dossier as prescribed.
• If the application meets the prescribed requirements, within 30 days from the date of receipt of the application, the Ministry of Science and Technology shall issue a written approval for technology transfer.
• In case of refusal to accept technology transfer, the Ministry of Science and Technology shall issue a written reply clearly stating the reasons therefore.

The dossiers

• Sample letter of approval for technology transfer request;
• Documents on the legal status of the applicant: Copy of Investment Registration Certificate (or Certificate of Business Registration or Business License,…); a copy of the document certifying the legal status of the applicant’s representative; a copy of the people’s identity card/citizen identification card/passport (with validity as prescribed) for individuals participating in technology transfer or the legal representative of the organization;
• Technology explanatory documents;
• Documents explaining the conditions for using technology as prescribed by law;
• Documents explaining the compliance with the law on standards and technical regulations;
• Power of attorney (in case of authorizing a third party to carry out the procedures for requesting approval of technology transfer).

The competent

Department of Technology Evaluation, Appraisal, and Assessment – Ministry of Science and Technology

Our services

• Consulting on all kinds of procedures for customers;
• Drafting, preparing, and checking the validity of dossiers;
• Working with state agencies;
• Receive results on behalf of clients;
• Handing over the results to the client.

If you need more detailed advice and answers as well as how to access this service, please contact directly our Lawyer Nhat Nam via hotline: 0912.35.65.75, 0912.35.53.53 or call the toll free legal consultation hotline 1900.6575 or send a service request via email: lienheluathongbang@gmail.com

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Best regards!