Organizations and individuals performing technology transfer activities that are on the list of technologies restricted from the transfer must carry out procedures for applying for a technology transfer license. Hereafter, Hong Bang Law would like to give advice on this procedure.

Legal basis

• Law on Technology Transfer
• Circular 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
• Circular 169/2016/TT-BTC – Regulations on collection rates, modes of collection, payment, management and use of fees for appraisal of technology transfer contract.

Conditions

• The written application for a technology transfer license should clearly state the commitment of the parties to the responsibility of ensuring that the contract content complies with relevant laws.
• Within 60 days from the date of signing the technology transfer contract, the technology transferee (in the case of technology transfer from abroad to Vietnam and domestic technology transfer) or the technology transferor ( in the case of technology transfer from Vietnam to abroad) on behalf of the parties must send a dossier to the Ministry of Science and Technology to apply for a license for technology transfer.
• Within 60 days from the date of a written request for amendment or supplementation, the parties shall amend or supplement the dossier as requested or make a written request for an extension of the time limit for the amendment and supplementation. The extension does not exceed 60 days. After this time limit expires, if the parties fail to amend and supplement their dossiers as required, the Ministry of Science and Technology shall issue a notice of refusal to grant a technology transfer license.

Procedures

• After receiving the written approval of technology transfer from the Ministry of Science and Technology, within 60 days from the date of signing the technology transfer contract, the organization or individual (the technology recipient in case of technology transfer from abroad to Vietnam and domestic technology transfer or the technology transferor in the case of technology transfer from Vietnam to abroad) apply for a technology transfer license to the Ministry of Industry and Trade. Science and technology.
• The Ministry of Science and Technology (Department of Technology Assessment, Appraisal and Assessment) organizes the appraisal of dossiers:

• In case the dossier is incomplete as prescribed, within 05 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 requirements as prescribed, within 15 working days from the date of receipt of the complete dossier, the Ministry of Science and Technology shall grant a technology transfer license.
• In case of refusal to grant a technology transfer license, the Ministry of Science and Technology shall issue a written reply clearly stating the reasons therefore.

The dossiers

+ Standards and quality of products and services due to the application of transferred technology;

+ Explanation of conditions for using technology;

+ The original or a certified true copy of the transfer pricing documentation in case the state capital is used;

+ Original power of attorney (in case the third party is authorized to carry out the registration procedure for a technology transfer license).

+ A written request for the grant of a technology transfer license, clearly stating the commitments of the parties’ responsibilities to ensure that the contract contents comply with relevant laws;

+ Documents on the legal status of the parties to the contract: A copy of the Investment Registration Certificate (or Certificate of Business Registration or Business License,…) of the parties to the transfer. technology transfer; a copy of the document certifying the legal status of the representatives of the parties to the contract or the document certifying the right to enter into a contract of the person signing the contract (for organizations); copy of people’s identity card/citizen identification card/passport (with validity as prescribed) (for individuals);

+ The original or a certified true copy of the technology transfer contract in Vietnamese or a notarized or authenticated translation into Vietnamese for the technology transfer contract in ……. (foreign country) );

+ A list of documents on technology, machinery and equipment (if any) enclosed with the technology transfer contract;

+ A certified true copy of the title of protection of intellectual property objects (if any).

The authority competent

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

Time of implementation

15 days from the date of receiving the valid application

Services of Hong Bang Law

• 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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