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Technology Transfer

What is the technology transfer?

Technology transfer means transfer to a transferee of the ownership right or the right to useeither a part or the whole of a technology by the party with the right to transfer such technology.

Transfer of ownership of technology

  • Transfer of ownership of technology means the owner of a technology transfers the entire right of possession, the right to use and the right to dispose of such technology to another entity in accordance with article 18 of this Law.
    • If a technology is a protected industrial property rights object, then transfer of ownership of such technology must be implemented together with transfer of ownership of the industrial property rights in accordance with the law on intellectual property.

What are the objects of technology transfer?

Technologies the transfer of which is encouraged
  • A technology the transfer of which is encouraged means high technology or progressivetechnology which satisfies one of the following requirements:

  • It creates new products which are highly competitive.
  • It creates a new industry or new services.
  • It saves energy or raw materials.
  • It uses new energy resources or recycled energy.
  • It protects the health of humans.

    • What are the forms of technology transfer?

    The transfer of a technology shall be permitted to be implemented via the following forms:

    An independent technology transfer contract.

    A section on technology transfer in the following projects or contracts:

    • An investment project;

    What are the contents of the Technology Transfer Contract?

    Parties entering into a technology transfer contract may reach agreement on inclusion of the following particulars:

    1. Name of the technology transfer contract, clearly stating the name of the transferred technology.

    2. The technology object which is being transferred and the products created from the technology.

    3. Transfer of the ownership of [and/or] right to use the technology.

    4. Method of transfer of the technology.

    What is the registration procedure for Technology Transfer Contract?

    According to Decree 133/2008/ND-CP detailing and guiding the implementation of some articles of Law on Technology Transfer, technology transfer contracts are not subject to compulsory registration but contracting parties may register their contracts if they so wish. If wishing to register a technology transfer contract, a technology transferee (in case of transfer of a technology from abroad into Vietnam) shall, within 90 days after entering into the contract, file on behalf of the contracting parties a dossier with an agency competent to issue technology transfer contract registration certificates under Article 9 of this Decree.

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