Disseminating the Law on Technology Transfer

In order to introduce the amended Law on Technology Transfer, after the law was assigned by the government the Ministry of Science and Technology has studied and developed sub-law documents. Simultaneously, some circulars have been issued to synchronize the legal system of technology transfer.

The amended Law on Technology Transfer consists of 6 chapters, 60 articles. Specifically, chapter 1 of general provisions; chapter 2 of technology appraisal of investment projects; chapter 3 of technology transfer contracts; chapter 4 of measures to encourage technology transfer and develop the market of science and technology; chapter 5 of the State management of technology transfer; and chapter 6 of execution provisions.

In 10 years’ implementation, the Law on Technology Transfer no. 80/2006/QH11 has contributed to promoting domestic technology innovation and transfer, and applying scientific and technological advances in production and life to gradually help to improve the technological capacity of businesses and the economy, and enhance the growth rate of industries and fields.

After its 10 years’ having been brought into life the Law has been faced up with number of inadequacies and failed to keeping up with the renovation trend in economic development, and science and technology. Therefore, it is necessary to make amendments to the Technology Transfer Law to create a favorable legal environment to promote technology transfer, technological innovation, and commercialization; apply modern scientific and technological achievements; make a healthy market of science and technology and business climate in Vietnam, thereby contributing to improving the technological capacity of both the country and businesses; and promoting the economy’s growth quality, labor productivity and competitiveness together with controlling technology transfer, ensuring environmental protection and a green market and the country’s sustainable development.

A new feature of the amended Law on Technology Transfer is the addition of a chapter (Chapter 2 with 9 articles), which regulates how to assess the technology of investment projects to prevent and eliminate outdated technology and equipment transferred to Vietnam including the specific regulations on the types of projects that need assessment and consultation on technology; assessment process and procedures and how to collect comments for each type of project. Simultaneously, it is necessary to stipulate the inspection and supervision of technology in investment projects, technology transfer and responsibilities of competent State management agencies towards checking and supervising the application and transfer of technology in investment projects.

The amended Law on Technology Transfer adds the regulations on technology transfer in agriculture to promote technology transfer and create favorable conditions for farmers to access and benefit from advanced and modern technologies and farming techniques with specific forms and methods of technology transfer in agriculture. Also, the law encourages the transfer of technological advances in terms of seeds, products, production processes, technical solutions and management solutions in agriculture.

In order to improve the capacity of domestic technology development, the amended Law on Technology Transfer adds the priority policies on technology transfer to create national, major and key products from domestic science research results and development. Also, the State encourages the development of technologies to create and perfect the national, key and competitive products on both domestic and foreign markets as well as adopt policies and measures to promote the completion of designs and manufacturing machinery and equipment due to the fact that Vietnam has created a force that can compete well on the market.

The introduction of technology products has been successfully transferred

The amended Law on Technology Transfer also shows a change in thinking about technology transfer activities and in order not too be dependent on foreign technology Vietnam needs to apply scientific research results and domestic technology development and gradually grasp the technology. Businesses and organizations transfer, apply and perfect technologies to create national, major and key products that enjoy priority according to the legal provisions.

Technology application and innovation activities are also encouraged and supported by the Law. Specifically, the Law creates a mechanism to provide capital support, guarantee loans and interest rate support for businesses to invest in technical infrastructure for technology decoding; establish a R&D organization; form a mechanism of connection between science and technology organizations and businesses; expand the spending content of Science & Technology Development Fund for Businesses; encourage forms of cooperation to implement projects on technological innovation, innovation, infrastructure development and joint research activities with businesses.

According to the Ministry of Science and Technology, the amended Law on Technology Transfer has inherited the advanced contents of the Technology Transfer Law in 2016; removed maximum practical obstacles to create a legal environment to promote technology transfer, technological innovation, and commercialization of scientific research and technological development results, thereby promoting the application of modern science and technology achievements and contributing to improving the technological capacity of the country and businesses.

Duy Minh (An Nhien)