Fresh regulations for granting certificates of technologies encouraged for transfer
VGP - Deputy Prime Minister Tran Hong Ha has recently signed Decision 12/2023/QD-TTg on order and procedures for granting certificates of technologies encouraged for transfer in Viet Nam from July 1, 2023.
The Ministry of Science and Technology shall be authorized to grant certificates of technology transfer for technologies encouraged to transfer to investment projects approved by the National Assembly, the Prime Minister and to other special investment projects.
Provicial-lelvel agencies specializing in science and technology shall be authorized to grant certificates of technology transfer for technologies encouraged to transfer to investment projects approved by local authorities and to other investment projects.
Documents required for application of certificates
Documents required for application for a certificate of technology transfer encouraged to transfer in Viet Nam shall comprise:
(1) A written request for the issuance of the Certificate of the Transfer of Technology encouraged to transfer, made according to Form No. 01 in the Appendix issued together with Decision 12/2023/QD-TTg;
(2) The original or a certified true copy of the technology transfer agreement in Vietnamese, or a notarized or authenticated translation into Vietnamese, for the technology transfer agreement in a foreign language;
(3) Explanation of the content of technologies encouraged for transfer in the technology transfer agreement document according to Form No. 02 in the Appendix issued together with Decision 12/2023/QD-TTg;
(4) A copy of the protection title or industrial property object registration application (in case the protection title has not been granted), the certificate of transfer of ownership, or the right to use the industrial property object (in case of transfer of rights to industrial property objects);
(5) Report on the implementation of technology transfer activities encouraged to be transferred according to the contents of the technology transfer agreement document, certified by all parties to the technology transfer according to Form No. 03 in the Appendix issued with Decision 12/2023/QD-TTg;
(6) Copy of one of the following documents: Decision on approval of investment policy, Certificate of investment registration, Certificate of enterprise registration, or other documents of equivalent legal validity of the parties to the technology transfer.
Procedures for granting certificates
Within three working days from the date of receipt of the dossier, the Certificate-issuing agency shall consider the completeness and validity of the dossier.
In case the dossier is incomplete, invalid, or contains contents that need to be amended or supplemented, the Certificate-issuing agency shall make a written request for amendment or supplementation that clearly states the contents and time limit for amendments and supplements.
Within five working days from the day on which the complete and valid application is received, the Certificate-issuing agency shall decide to establish the Science and Technology Advisory Council (hereinafter referred to as the Council for short) to appraise the application file for the Certificate.
The Council shall hold a meeting to appraise the Certificate of Application dossier within five working days from the date of establishment.
The meeting of the Council must be attended by at least 2/3 (two thirds) of the members of the Council, including the Chairman, the reviewer, and the secretary.
In case there are not enough 2/3 (two-thirds) of the Council's members to attend, the Chairman of the Council shall consider and decide to collect opinions in writing for the absent member. The opinions of absent members of the Council shall have the same validity as those of present Council members.
The Chairman of the Council, on behalf of the Council, signs the Report on appraisal results of the application file for a Certificate of Technology Transfer Encouraged to Transfer, made according to Form No. 06 specified in the Appendix issued together with Decision 12/2023/QD-TTg.
Within five working days after receiving the report on appraisal results and meeting minutes of the Council, the Certificate-issuing agency shall consider and decide on the issuance of the Certificate according to Form No. 07 in the Appendix issued with Decision 12/2023/QD-TTg.