Procedure to Amend Technology Transfer Certificate

The procedure to amend technology transfer certificate establishes the mandatory legal basis for organizations implementing innovation activities. Modifying registered contract details requires strict adherence to this administrative process to ensure the validity of technology transfer operations. Long Phan Consulting Company provides a detailed analysis of the sequence and requirements under the jurisdiction of provincial authorities below.

Requirements for Amending Technology Transfer Certificates

Point k, Subsection 2, Section B, Part II of Decision 1202/QĐ-BKHCN (2023) specifies the conditions for executing the procedure to amend technology transfer certificate. Entities must satisfy the following criteria:

• The investment project operates in accordance with investment laws.

• The participating parties hold a valid initial certificate.

• The parties have established a mutual agreement to modify or supplement the technology transfer content.

• The parties have already implemented the modifications or supplements in practice.

Competent Authority for Processing Amendments

The specialized agency on science and technology under the Provincial People’s Committee holds the authority to process the procedure to amend technology transfer certificate. This authority applies to investment projects operating within the local locality.

• Primary Authority: The Department of Science and Technology (DOST) typically handles these requests.

• Advisory Council: If amendments involve changes to technology, technology products, production scale, or quality standards, the certifying agency establishes a Scientific and Technological Advisory Council. This body evaluates whether the new technology meets the criteria for transfer encouragement.

>>> See more at: Encouraged Technology Transfer Certificate Procedure

Documents required for the procedure to amend and supplement the Certificate of Encouraged Technology Transfer

Article 6, Clause 2 of Decision 12/2023/QĐ-TTg and Decision 1202/QĐ-BKHCN stipulate the specific documentation required. The dossier must include:

• Request Form: A written request to amend the certificate using Form No. 08 (Appendix of Decision No. 12/2023/QĐ-TTg).

• Original Certificate: The originally issued Technology Transfer Certificate.

• Amended Agreement: The original or certified copy of the agreement modifying the technology transfer. Foreign language agreements require a notarized Vietnamese translation.

• Technical Explanations (Conditional): For changes in technology, products, scale, or quality, the dossier requires:

  • Explanation of technology transfer content (Form No. 02).

  • Copy of protection titles or IP registration applications.

  • Certificate of transfer of ownership or usage rights for industrial property objects.

  • Report on the implementation of the amended technology transfer (Form No. 03).

Sequence of steps to carry out the procedure for amending and supplementing the Certificate of Encouraged Technology Transfer

Clause 3, Article 6 of Decision 12/2023/QĐ-TTg outlines the administrative workflow for the procedure to amend technology transfer certificate:

• Submission: The transferor or transferee submits the dossier to the Certifying Agency via direct delivery, postal service, or the online public service portal.

• Validity Check: Within 03 working days of receipt, the Certifying Agency reviews the dossier. If documents are insufficient, the agency issues a written request for supplementation, specifying contents and deadlines.

• Appraisal and Issuance:

  • Standard Cases: The agency reviews and issues the amended certificate within 10 working days of receiving a valid dossier.

  • Complex Cases: For changes involving technology, products, scale, or quality standards, the process follows the stricter appraisal sequence used for initial certification (typically 15 working days).

• Result Return: The enterprise receives the amended certificate. Refusals require a written response from the state agency citing specific legal grounds.

>>> See more at: Technology Transfer Registration Process

Consulting Services at Long Phan Consulting Company

Long Phan Consulting Company delivers comprehensive solutions to optimize the procedure to amend technology transfer certificate. Our experts ensure compliance with regulations and streamline interactions with management agencies.

• Dossier Evaluation and Consultation:

  • Review of technology transfer contracts and amendment agreements.

  • Strategic advice on conditions for incentives regarding new technologies.

  • Drafting of economic-technical explanations to ensure persuasiveness.

• Administrative Representation:

  • Submission of dossiers to the Department of Science and Technology.

  • Monitoring of processing status and handling of explanation requests.

  • Receipt and handover of the final Certificate.

• Post-Licensing Support:

  • Guidance on tax and credit incentive registration based on the amended certificate.

  • Advisory on periodic reporting regimes to maintain certificate validity.

  • Updates on legal changes in technology transfer and intellectual property.

Key Operational Clarifications

State Fees and Charges

Current regulations exempt the procedure to amend technology transfer certificate from state fees and charges. Enterprises bear only costs related to dossier preparation, such as translation, notarization, and printing (Decision 1202/QĐ-BKHCN).

Processing Timeframes for Technological Changes

Modifications involving changes to technology, products, output scale, or quality standards extend the processing time to 15 working days. This allows for the establishment of an advisory council to conduct a technical appraisal similar to new issuance procedures.

Prerequisites Regarding Implementation

A signed amendment agreement alone is insufficient. Decision 12/2023/QĐ-TTg mandates that the parties must have already implemented the amended contents in practice before submitting the request for certificate modification.

Signatory Authority

The legal representative of either the transferor or the transferee signs the request form (Form No. 08), depending on the specific authorization and agreement between the parties involved.

Requirement for Advisory Councils

The Certifying Agency convenes a Scientific and Technological Advisory Council only when amendments fundamentally alter the nature of the technology, products, scale, or quality standards. This ensures the project continues to meet the criteria for encouraged transfer.

Conclusion

The procedure for amending and supplementing the Certificate of Encouraged Technology Transfer is the key for enterprises to continue enjoying the State’s preferential policies when expanding or adjusting technology. Thorough preparation of documents and a clear understanding of the legal process are decisive factors for success. If you require professional support and optimal solutions, please contact Long Phan Consulting immediately at Hotline 1900636389 for timely advice.