According to Clause 1, Article 31 of the Law on Technology Transfer, some forms of technology transfer must be registered with a state agency before being implemented. Specifically:

“a) Technology transfer from abroad to Vietnam;

b) Technology transfer from Vietnam to foreign countries;

c) Domestic technology transfer using state capital or state budget unless the certificate of registration of results of scientific and technological tasks has been granted.”

Hereafter, Hong Bang Law would like to advise on Technology transfer registration procedures.

Legal basis

• Circular 169/2016/TT-BTC – Regulations on collection rates, modes of collection, payment, management, and use of fees for appraisal of technology transfer contracts
• Law on Technology Transfer
• Decree 76/2018/ND-CP-Detailing and guiding the implementation of several articles of the Law on Technology Transfer

Conditions

• In case the technology transfer must be registered as prescribed, within 90 days from the date of signing the technology transfer agreement, the technology transferee in the case of technology transfer from abroad to Vietnam The domestic technology transferor or the technology transferor in the case of technology transfer from Vietnam to foreign countries shall, on behalf of the parties, send a dossier to the agency competent to issue the Certificate of registration of technology transfer.
• A written request for registration of technology transfer must clearly state the commitment of the parties to responsibilities to ensure that the content of the technology transfer contract complies with relevant laws.

Procedures

• Organizations and individuals (technology transferee in case of technology transfer from abroad to Vietnam, domestic technology transferor or technology transfer, or in case of technology transfer from Vietnam to abroad) on behalf of the parties, send the application for registration of technology transfer to the agency competent to issue the Certificate of registration of technology transfer in the following cases:

+ For technology transfer through the implementation of investment projects: The Ministry of Science and Technology shall issue the Certificate of registration of technology transfer for technology transfer of investment projects in Vietnam under its decision-making authority. to decide on investment policies of the National Assembly, the Prime Minister, ministries, and central agencies according to the provisions of the law on investment, the law on public investment, and offshore investment projects.

+ For independent technology transfer and other forms as prescribed by law: The Ministry of Science and Technology shall issue a certificate of registration of technology transfer for technology transfer from abroad to Vietnam. technology transfer from Vietnam to foreign countries.

+ For technology transfer in the case of state secrets in the field of national defense or for technology transfer in the case of property procurement from special budget sources for national defense, the Ministry of National Defense shall issue a certificate of registration. Technology transfer.

The dossiers

• Application for registration of technology transfer
• The original or a certified true copy of the technology transfer agreement in Vietnamese or a notarized or authenticated Vietnamese translation of the technology transfer agreement in a foreign language;
• A copy of the Investment Registration Certificate (or the Certificate of Business Registration or the Business License, etc.) of the parties to the technology transfer;
• Certificate of the legal status of the representatives of the parties to the contract;
• A certified copy of the written approval of the agency competent to decide on investment, for technology transfer using state capital;
• Power of Attorney (in case of authorizing a third party to carry out the procedures for registering a technology transfer contract).

The competent authority

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

Time

05 working days from the date of receiving the valid application

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.

Wishing you and your family good health, peace, and success!

Best regards!