TECHNOLOGY TRANSFER FROM ABROAD TO VIETNAM

Technology transfer from abroad to Vietnam is one of the important driving forces promoting economic development, improving production capacity and labor productivity of Vietnamese enterprises. Receiving advanced technology from abroad not only helps improve product and service quality but also creates conditions for businesses to integrate deeply into the global value chain.

1. Definition of technology transfer

The 2017 Technology Transfer Law stipulates that technology transfer is the transfer of technology ownership or the transfer of the right to use technology from the party with the right to transfer technology to the party receiving the technology.

Technology transfer from abroad to Vietnam is the transfer of technology across borders into Vietnamese territory.

2. Technology is encouraged to be transferred from abroad to Vietnam

Advanced technology, new technology, clean technology suitable for Vietnam’s socio-economic conditions are encouraged to be transferred from abroad to Vietnam when meeting one of the following requirements:

  • Create quality products that are more competitive than existing products created from the same type of technology;
  • Create key, key national products from the results of domestic scientific research and technological development;
  • Create new services, industries, and professions of production, manufacturing, and processing of products; raising and planting new varieties that have been tested;
  • Saves resources, energy, and raw materials compared to existing technology of the same type in Vietnam;
  • Producing and using new energy and renewable energy; high-performance energy storage;
  • Creating machinery and equipment to improve the quality of education and training; machinery, medical equipment, and pharmaceuticals serving examination, treatment, protecting human health, and improving the physical quality of Vietnamese people;
  • Detect, handle and forecast to prevent natural disasters and epidemics; rescue and rescue; protect the environment, adapt to climate change, reduce greenhouse gas emissions;
  • Synchronous production in chains has high socio-economic efficiency;
  • Create products used simultaneously for defense, security and civil purposes;
  • Develop and modernize traditional crafts.

TECHNOLOGY TRANSFER

3. When will technology transfer from abroad to Vietnam and domestic technology transfer be limited?

Pursuant to Clause 1, Article 10 of the 2017 Law on Technology Transfer, restrictions on technology transfer from foreign countries to Vietnam and domestic technology transfer are prohibited in the following cases:

  • Technology; Machinery and equipment with accompanying technology are no longer commonly used in industrially developed countries;
  • Using toxic chemicals or generating hazardous waste that meets national technical standards and regulations;
  • Creating products using genetic modification methods;
  • Using radioactive substances, creating radioactive substances that meet national technical standards and regulations;
  • Use of resources and minerals limited to domestic exploitation;
  • Technology for breeding, raising and growing new varieties has not been tested;
  • Creating products that have a negative impact on customs, traditions, and social ethics.

4. Register to transfer technology from abroad to Vietnam

Technology transfer from abroad to Vietnam must be registered. Technology transfer registration dossier includes:

  • Written request for registration of technology transfer, clearly stating the commitment of the parties to ensure the content of the contract complies with relevant legal regulations;
  • Original or certified copy of technology transfer agreement document showing the content as prescribed in Article 23 of the Law on Technology Transfer 2017; In case there is no written contract in Vietnamese, there must be a translation into Vietnamese and notarized or authenticated.

Within 90 days from the date of signing the technology transfer agreement document, the party responsible for registering technology transfer sends 01 set of documents to the agency performing the state management function in science. study and technology application for a Technology Transfer Registration Certificate.

Within 05 working days from the date of receiving the complete dossier, the agency performing the function of state management of science and technology has the authority to consider and issue the Certificate of technology transfer registration. ; In case of refusal, a written response must be made clearly stating the reason.

The agency performing the function of state management of science and technology refuses to issue a Technology Transfer Registration Certificate in the following cases:

  • Technology transfer contracts restrict transfer;
  • The contract does not have a technology object or technology transfer content;
  • The contract content is contrary to the provisions of the 2017 Technology Transfer Law.

5. About Us, Hankuk Law Firm

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■ Hankuk Law Firm – Introduction

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To support the startup process, our lawyers and staff provide a wide range of services, including business law consulting, tax and immigration law consulting, real estate services, business consulting, marketing and communications, human resources, product distribution, franchise options, etc. We provide expert advice on every aspect of your business needs.

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■ Contact us now

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For reliable and effective legal advice, please contact HANKUK LAW FIRM now. We are committed to providing you with the best possible answers and our team of experienced lawyers has extensive knowledge in many legal fields. We are always here to provide the most competent and dedicated support, whether you are dealing with contractual issues, commercial disputes or need guidance on foreign investment. HANKUK LAW FIRM is honored to have assisted hundreds of domestic and international clients in skillfully resolving complex legal issues as their trusted legal partner. Do not let legal issues hinder your success. Let us accompany you towards legal achievement and comfort. For prompt guidance and support to ensure your rights are always maintained at the highest standards, contact HANKUK LAW FIRM now.

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