Procedures for granting technology transfer licenses

Granting technology transfer licenses is a procedure to establish a legal basis to protect the interests of participating parties. Technology transfer not only helps businesses access new technologies but is also an opportunity to cooperate, develop and expand markets. Follow the following article by Long Phan for a detailed analysis of the conditions, procedures, authority and time for granting technology transfer licenses in Vietnam.

What is technology transfer?

Based on the provisions of the Law on Technology Transfer 2017, it can be understood that Technology Transfer is the process of transferring ownership or the right to use technology from the party having the right to the party receiving the technology.

Technology transfer can be classified as follows:

• Domestic technology transfer is technology transfer carried out within the territory of Vietnam.
• Technology transfer from abroad to Vietnam is the transfer of technology across borders into Vietnamese territory.
• Technology transfer from Vietnam to foreign countries is the transfer of technology from Vietnamese territory across borders to foreign countries.

Conditions for technology transfer

According to the Law on Technology Transfer 2017, not all technology objects are allowed to be transferred. Specifically, when transferring technology, the following conditions must be met:

1. Firstly, the object of technology transfer must be:

• Technology transferred or Technology encouraged for transfer is specified in Article 4 and Article 9 of the Law on Technology Transfer 2017;
• If the technology is restricted from transfer in Article 10 of the Law on Technology Transfer 2017, organizations and individuals must carry out the procedures to apply for Technology Transfer Licenses specified in Clause 1, Article 28 of the Law on Technology Transfer 2017. .

1. Second, it is not a Technology prohibited from transfer in Article 11 of the Law on Technology Transfer 2017;
2. Third, not belonging to the prohibited acts in technology transfer activities in Article 12 of the Law on Technology Transfer 2017;

Thus, when transferring technology, organizations and individuals need to pay attention to the above main conditions to meet legal requirements during the preparation and implementation of related procedures. regarding technology transfer.

Current procedures for applying for technology transfer licenses

Documents for licensing are prepared by the requester

Dossier for Technology Transfer Licenses according to Article 30 of the Law on Technology Transfer 2017 includes:

• 01 original copy: Written request for Technology Transfer Licenses, clearly stating the commitment of the parties to ensure the content of the contract complies with relevant legal regulations;
• 01 copy: Document on the legal status of the parties in the technology transfer contract;
• 01 original in Vietnamese or a certified copy of the technology transfer contract; In case there is no contract in Vietnamese, there must be a translation into Vietnamese and notarized or authenticated;
• 01 original: List of technology, machinery and equipment documents (if any) enclosed with the technology transfer contract;
• 01 certified copy of intellectual property protection certificate (if any);
• 01 original: Standards and quality of products and services resulting from the application of transferred technology;
• 01 original: Explanation of conditions for using technology;
• Document on appraisal of transferred technology in case the technology transferee uses state capital.

Implementation steps

The licensing sequence is specified in Clauses 2, 3, 4, 5, Article 30 of the Law on Technology Transfer 2017. Including the following main sequences:

Step 1: Sign the technology transfer contract.

After receiving written approval from the Ministry of Science and Technology, organizations and individuals transferring technology will sign a technology transfer contract.

Step 2: Apply for Technology Transfer Licenses.

Within 60 days from the date of signing the technology transfer contract, the party responsible for applying for technology transfer licenses shall send 01 set of application dossiers for technology transfer licenses to the Ministry of Science and Technology. Science and Technology.

Step 3: Review the application for Technology Transfer Licenses.

Within 05 working days from the date of receipt of the application, the Ministry of Science and Technology is responsible for reviewing the application;

• In case the dossier is incomplete, there will be a written request for the organization or individual to amend and supplement the dossier according to regulations.
• Within 60 days from the date of the written request for amendments and supplements, the parties shall amend and supplement the documents as requested or submit a written request to extend the time for amendments and supplements. The extension period must not exceed 60 days. At the end of this period, if the parties do not amend and supplement the dossier as required, the Ministry of Science and Technology will issue a notice of refusal to grant the Technology Transfer License and return it. documents if required.

Step 4: Grant technology transfer licenses.

Within 15 working days from the date of receipt of complete documents, the Ministry of Science and Technology is responsible for evaluating and issuing Technology Transfer Licenses; In case of refusal to issue a License, a written response must be made clearly stating the reason.

Consulting on procedures for applying for technology transfer licenses at Long Phan

To ensure your dossier is complete and the process of applying for technology transfer licenses goes smoothly, seeking professional legal consulting services is necessary. With a professional process, Long Phan can advise and support you in carrying out procedures for applying for technology transfer licenses quickly and effectively. Consulting services at Long Phan include the following services:

• Analyze the legality of technology transfer transactions;
• Support in preparing application dossiers for technology transfer licenses;
• Drafting and reviewing technology transfer contracts;
• Representing customers in the process of working with state agencies;
• Consulting on related intellectual property rights protection strategies.

Technology transfer licensing procedures require careful preparation and compliance with legal regulations. Customers who need professional support on this issue can contact Long Phan via hotline 0906735386. Long Phan will provide detailed advice, support in preparing documents and represent the implementation of necessary procedures, ensuring the technology transfer process is compliant with the law and effective.