Procedures for approval and licensing of technology transfer

First of all, according to the provisions of Article 28 of the Law on Technology Transfer 2017 (effective from July 1, 2018), organizations and individuals transferring restricted technology as prescribed in Article 10 of this Law must carry out procedures to request a Technology Transfer License.

1. The granting of a Technology Transfer License is carried out in the following order:

a) Technology transfer approval.

For technology transfer of investment projects that have been appraised and technology opinions have been obtained during the investment policy decision or investment decision stage, technology transfer approval is not required;

b) Granting of Technology Transfer License.

First, on technology transfer approval

Pursuant to Article 29 of the Law on Technology Transfer 2017, the approval of technology transfer will be conducted as follows:

Organizations and individuals transferring restricted technology shall submit documents to the Ministry of Science and Technology to request approval of technology transfer.

The profile includes:

- Document requesting approval of technology transfer;

- Documents on the legal status of the applicant;

- Technology explanation document;

- Documents explaining the conditions for using technology according to the provisions of law;

- Documents explaining compliance with legal provisions on standards and technical regulations.

Within 30 days from the date of receipt of complete dossier, the Ministry of Science and Technology shall preside over and coordinate with relevant ministries and branches to issue a document approving technology transfer; in case of disapproval, a written response must be given stating the reasons.

2. Second, regarding the granting of technology transfer licenses

Pursuant to Article 30 of the Law on Technology Transfer 2017, the granting of technology transfer licenses will be conducted as follows:

After receiving the approval document from the Ministry of Science and Technology, the technology transfer organization or individual shall proceed to sign the technology transfer contract.

Within 60 days from the date of signing the technology transfer contract, the party obliged to implement the request for a Technology Transfer License shall submit 01 set of documents requesting a Technology Transfer License to the Ministry of Science and Technology.

The profile includes:

- Document requesting a Technology Transfer License, clearly stating the commitment of the parties to ensure that the contract content complies with relevant legal provisions;

- Documents on the legal status of the parties in the technology transfer contract;

- Original Vietnamese or certified copy of the technology transfer contract; in case there is no contract in Vietnamese, there must be a Vietnamese translation and it must be notarized or certified;

- List of technology documents, machinery, equipment (if any) attached to the technology transfer contract;

- Certified copy of intellectual property protection certificate (if any);

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

- Explain the conditions of technology use;

- Documents on valuation of transferred technology in case the technology transferee uses state capital.

Within 15 working days from the date of receipt of complete documents, the Ministry of Science and Technology shall be responsible for appraising and issuing a Technology Transfer License; in case of refusal to issue a License, a written response must be given stating the reasons.