Encouraged Technology Transfer Certificate Procedure

The Encouraged Technology Transfer Certificate serves as a vital legal basis for organizations implementing state-priority technologies to access investment incentives. Proper execution ensures legality and facilitates commercialization processes. Long Phan Consulting Company analyzes the provincial-level issuance procedure below.

Requirements and Conditions for Implementing the Procedure to Issue the Encouraged Technology Transfer Certificate

Projects must satisfy specific requirements under Point k, Subsection 1, Section B, Part II of Decision 1202/QĐ-BKHCN to receive the Encouraged Technology Transfer Certificate. The mandatory conditions include:

• The investment project possesses valid registration under investment laws.

• Issuance occurs only after the technology transfer implementation produces actual products.

• Products meet the quality standards defined in the technology transfer agreement.

Competent Authority

Specialized agencies under the Provincial People’s Committee, typically the Department of Science and Technology, hold jurisdiction over local dossiers. The assessment relies on the Science and Technology Advisory Council. The competent authority establishes this Council with 07 to 11 members, comprising independent experts, scientists, and state management representatives. The Council’s evaluation determines the final approval or refusal.

Dossier for Implementing the Procedure to Issue the Encouraged Technology Transfer Certificate

Applicants must prepare documents specified in Clause 1, Article 4 of Decision 12/2023/QĐ-TTg and Point c, Subsection 1, Section B, Part II of Decision 1202/QĐ-BKHCN. A complete dossier includes:

• Application form for the Encouraged Technology Transfer Certificate (Form 01).

• Original or certified copy of the technology transfer agreement (certified translations required for foreign language documents).

• Explanation of the encouraged transfer content (Form 02).

• Copies of industrial property protection titles or applications (if applicable).

• Implementation report confirmed by all participating parties (Form 03).

• Copies of the Investment Registration Certificate, Enterprise Registration Certificate, or equivalent legal documents.

Steps to Carry Out the Issuance Procedure for the Encouraged Technology Transfer Certificate

The procedure follows the timeline outlined in Point a, Subsection 1, Section B, Part II of Decision 1202/QĐ-BKHCN:

• Submission: The transferor or transferee submits the dossier to the licensing agency via post, direct delivery, or the online public service portal.

• Validation: Within 03 working days, the agency checks validity. Incomplete files receive a written request for amendment specifying necessary corrections and deadlines.

• Council Formation: The agency establishes the Science and Technology Advisory Council within 05 working days of receiving a valid dossier.

• Appraisal: The Council convenes within 05 working days of formation. Members vote via secret ballot regarding the grant.

• Decision: The agency grants the Encouraged Technology Transfer Certificate or issues a written refusal stating reasons within 05 working days of receiving the Council’s report.

>>> See more at: Procedures for granting the latest technology transfer registration certificate

Consulting Services by Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive solutions to optimize technology transfer processes. Our scope of work includes:

• Condition Assessment and Drafting: Evaluation of investment projects against the List of Encouraged Transfers. We review technology transfer agreements to ensure strict compliance with product standards and intellectual property regulations.

• Administrative Representation: Submission of dossiers to the Department of Science and Technology. We monitor progress and manage explanations regarding technical aspects before the Advisory Council.

• Post-Licensing Support: Guidance on accessing Corporate Income Tax and import tax incentives following the Law on Technology Transfer.

Common Legal Inquiries

State Fees and Charges

Current regulations exempt applicants from fees for the Encouraged Technology Transfer Certificate procedure (Section B, Part II, Decision 1202/QĐ-BKHCN).

Processing Duration

The total resolution time is 15 working days from the receipt of a fully valid dossier (Point d, Subsection 1, Section B, Part II, Decision 1202/QĐ-BKHCN).

Central Authority Jurisdiction

The Ministry of Science and Technology handles projects approved by the National Assembly or Prime Minister, and projects receiving special investment incentives (Clause 1, Article 3, Decision 12/2023/QĐ-TTg).

Submission Representation

Either the transferor or the transferee may legally submit the dossier (Point b, Clause 2, Article 4, Decision 12/2023/QĐ-TTg).

Council Member Absence

Written opinions from absent Council members hold equal legal validity to votes cast by present members (Point e, Clause 2, Article 4, Decision 12/2023/QĐ-TTg).

Conclusion

The Encouraged Technology Transfer Certificate affirms the legal standing of technological projects and unlocks significant state incentives. Long Phan Consulting Company stands ready to assist clients in navigating these regulations. Contact our Hotline at 1900636389 for expert counsel.