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Certificate for registration of technology transfer contracts

Certificate for registration of technology transfer contracts

Purpose

To regulate the activities involving technology transfer contracts

What is it Certificate
Who should apply 00

00: All business lines
Where to apply

1. The Ministry of Science and Technology shall certify the registration of:

  • Contracts on the transfer or technology from abroad into Vietnam which may have a payment value of over VND 1,000,000,000 each;
  • Contracts on the transfer of technology from Vietnam to abroad;

2. The Department of Science and Technology of the provinces or centrally – run cities where the technology transferee make registration for business activities shall certify the registration of:

  • Contracts on the transfer of technology from abroad into Vietnam which have a total payment value of VND 1,000,000,000 or less each;
  • Contracts on the domestic transfer of technology valued at VND 500,000,000 or more.
Validity of the License and application fee

Fee: 200.000 VND;

Duration: Unspecified

Application conditions and documents
  1. The application for contract registration;
  2. The contract signed and stamped by the involved parties (if the parties are legal persons) and appendices (if any), with every page of both initialed by the involved parties (or sealed, if the parties are legal persons);
  3. A written summary of the contents of the transferred technology for the feasibility study report of the project)
  4. Documents:
    • Certifying the legal capacity of the parties to the contract (operating licenses);
    • Certifying the legal capacity of the representatives of the parties for the contract;
    • The title of protection of industrial property rights in Vietnam in case of transfer of the rights to own or use industrial property objects which have been granted the protection titles;
    • The decision of the agency with investment – deciding competence (defined in the Government – promulgated Regulation on investment and construction management) to approve the technology transfer contract (in case of projects using state budget capital, development investment credit capital of the state or credit capital underwritten by the state)
    • The minutes of the transferee’s Managing Board on the unanimous adoption of the technology transfer contract in cases where the transferee has state capital and its charter provides that its annual budget revenue and expenditure plan must be unanimously adopted by the Managing Board;
    • The appraisal or expertise certificate, for technologies on the list of technology domains which are required to have appraisal of expertise certificates, issued under a decision of the Prime Minister
The process
  1. The dossier of application for contract registration, sent to a competent state management agency within 90 days as from the date the two parties sign the contract;
  2. Within 15 working days after receiving complete and valid dossiers, if the competent state management agency has no written request for amendment and/or supplementation, it shall certify the registration of the technology transfer contracts;
  3. Within 15 working days after receiving complete and valid dossiers, if the state management agency has a written request for amendment and/or supplementation of the dossiers, the parties to the contracts must make amendments and/or supplementation as requested. Within 10 working days after receiving the properly amended and supplemented dossiers, if the competent state agency has no written request for further amendment and/or supplementation, it shall certify the registration of the technology transfer contracts;
  4. Within 60 working days after receiving the written requests for amendment and/or supplementation of the state management agencies with competence to register contracts, if the parties to the contracts fail to meet such requests, their applications for registration shall become invalid
How long it will take to process the application? 15 working days
Inspecting authorities

Ministry of Science and Technology and the related agencies

Non-compliance penalty

Penalties range from 2.000.000 VND to 5.000.000 VND. See Article 11 of Decree No. 16/2000/ND-CP dated May 10, 2000 of the Government on regulation of sanctioning administrative violation in the state management over technology transfer

Legal texts regulating this license
Other useful information

The certificates relate to every business line dealing in transfer technology with some specific transfer contracts that must be registered:

  • Contracts on the transfer of technology from abroad into Vietnam
  • Contracts on the transfer of technology from Vietnam to abroad;
  • Contracts on the domestic transfer of technology valued at VND 500,000,000 or more.
  • For technology transfer contracts valued at under VND 500,000,000, the transferors and the transferees may make voluntary registration so as to enjoy the State’s preferential policies on technology transfer

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Certificate for registration of technology transfer contracts

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