The latest draft of a decree detailing the implementation of the Law on Technology Transfer has been recently unveiled by the Ministry of Science and Technology.
The 40-article decree specifies technology transfer contracts, technology appraisal services, measures to encourage and promote technology transfer and state management of technology transfer.
Under the draft decree, the Prime Minister would promulgate lists of technologies encouraged for transfer, restricted from transfer or banned from transfer.
Parties involved in the transfer of technologies which are encouraged for transfer would be required to make registration of their technology transfer contracts to get a registration certificate as a basis for enjoying prescribed incentives. For technologies restricted from transfer, involved parties must apply for a technology transfer permit.
Where emerges a dispute, violation or complaint related to a technology transfer contract, competent state agencies, parties to the contract or organizations or individuals with related rights and interests may request technology appraisal, i.e., identification of the legal status of and rights to the transferred technology or comparison of actually transferred technological contents with those stated in the technology transfer contract.
Apart from tax preferences for technology transfer activities specified in the Law on Technology Transfer, under the draft decree, the Prime Minister would decide on other measures to encourage and boost these activities, including the establishment of the National Technological Renewal Fund, approval of the national technological renewal program and adoption of policies on technology import.
The draft decree is intended to supersede Government Decree No. 11/2005/ND-CP of February 2, 2005, on technology transfer.-