Procedures for registering technology transfer contracts

1. Cases of registration of technology transfer contracts

Pursuant to the provisions in Clause 1, Article 31 Law on Technology Transfer 2017 Technology transfer contracts in one of the following cases must be registered with the state management agency in charge of science and technology, except for technologies with limited transfer that have been granted a Technology Transfer License:

(1) Technology transfer from abroad to Vietnam;

(2) Technology transfer from Vietnam to foreign countries;

(3) Domestic technology transfer using state capital or state budget, except in cases where a Certificate of registration of results of performing science and technology tasks has been issued. Technology transfer contract

In addition, the state encourages organizations and individuals to register technology transfer contracts that are not subject to registration above.

2. What does a technology transfer registration application include?

Pursuant to Clause 3, Article 31 Law on Technology Transfer 2017 Regulations on technology transfer registration documents include:

- 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 provisions;

- Original or certified copy of technology transfer agreement document showing the following content:

+ Name of technology to be transferred.

+ Technology objects to be transferred, products created by technology, product standards and quality.

+ Transfer of ownership rights, transfer of technology use rights.

+ Technology transfer method.

+ Rights and obligations of the parties.

+ Price, payment method.

+ Term and effective date of the contract.

+ Concepts and terms used in the contract (if any).

+ Plan, schedule of technology transfer, location for technology transfer.

+ Responsibility for warranty of transferred technology.

+ Penalty for breach of contract.

+ Liability due to breach of contract.

+ Dispute resolution agency.

+ Other contents agreed upon by the parties.

Note, in case there is no written contract in Vietnamese, there must be a translation into Vietnamese and notarized or authenticated.

3. Procedures for registering technology transfer contracts

Pursuant to Clauses 4, 5, 6, Article 31 Law on Technology Transfer 2017 stipulates that 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 of technology transfer. science 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 shall refuse to issue a Technology Transfer Registration Certificate in the following cases:

- Technology transfer contracts restricting transfer;

- The contract does not have a technology object or technology transfer content;

- Contract content is contrary to legal regulations on technology transfer.