Procedure for Issuance of Technology Transfer Registration Certificate at the Provincial Level

Procedure for Issuance of Technology Transfer Registration Certificate at the Provincial Level is implemented to ensure that technology transfer activities are carried out lawfully, transparently, and effectively. Through registration and certification, competent authorities can control the origin, content, and scope of technology transfer, while protecting the interests of participating parties. The following article will clarify the sequence, dossier, and necessary notes when carrying out the procedure according to current regulations.

Cases requiring technology transfer registration.

Pursuant to Clause 1, Article 31 of the Law on Technology Transfer 2017 (amended by Point c, Clause 14, Article 1 of the Amended Law on Technology Transfer 2025 – effective from April 1, 2026), registration is mandatory in the following cases:

• Cross-Border Transfer: Transfer of technology from abroad into Vietnam, or transfer of technology from Vietnam to abroad.
• State-Funded Transfer: Domestic technology transfer using state capital or the state budget.
• Voluntary Registration: While not mandatory, the State encourages organizations and individuals to register contracts outside these cases (Clause 2, Article 31) to create a legal basis for recognizing intangible assets and to serve as a basis for tax incentives or bank loans.

>>> See more: Encouraged Technology Transfer Certificate Procedure

The competent authority for issuing Technology Transfer Registration Certificates is at the provincial level.

According to Article 6 of Decree No. 76/2018/ND-CP, the authority to issue the certificate is clearly delineated between the Ministry of Science and Technology and local specialized agencies.

• Primary Authority: The Department of Science and Technology (DOST) where the technology transfer activity takes place is the focal point for receiving and resolving dossiers under local management.
• Scope of Competence: The DOST issues certificates for:
  • Investment projects decided by local authorities (People’s Councils, People’s Committees, Management Boards of Industrial Zones/High-Tech Zones).
  • Projects not requiring investment policy decisions from higher state authorities.
  • Voluntary registrations and domestic transfers using state capital within the locality.
• Reporting Responsibility: The DOST must report the situation of technology transfer registration in the area to the Ministry of Science and Technology annually before December 31.

Technology transfer registration dossier

Based on Clause 3, Article 31 of the Law on Technology Transfer 2017 and Clause 4, Article 5 of Decree 76/2018/ND-CP, the required dossier components include:

• Registration Request: A written request for technology transfer registration (Form No. 01, Decree 76/2018/ND-CP), clearly stating the commitment of the parties to ensure the contract complies with relevant laws.
• Contract Documentation: The original or a certified copy of the technology transfer contract demonstrating the content specified in Article 23 of the Law on Technology Transfer 2017.
• Translation Requirement: If there is no contract in Vietnamese, a notarized or certified translation into Vietnamese must be provided.

>>> See more: Procedures for granting technology transfer licenses

Sequence and procedures for registering technology transfer

Pursuant to Article 31 of the Law on Technology Transfer 2017 and Article 5 of Decree No. 76/2018/ND-CP, the procedure involves the following steps:

• Step 1: Submission of Dossier
  • Within 90 days from the date of signing the transfer contract, the obligated party sends 01 set of dossiers to the DOST.
  • The agency checks the components and issues a receipt or confirmation of valid dossier submission.
• Step 2: Appraisal of Dossier
  • The DOST appraises the dossier content within 05 working days.
  • If the dossier is incomplete, a written request for supplementation is issued within 03 working days.
  • If amendments or explanations are needed, the applicant must respond within 05 working days of notification.
• Step 3: Issuance of Certificate
  • If eligible, the DOST issues the Technology Transfer Registration Certificate (Form No. 02) within 05 working days.
  • In case of refusal, a written response stating the reasons must be provided.

Long Phan Consulting provides consulting services for the procedures to obtain a Certificate of Technology Transfer Registration at the provincial level.

Long Phan Consultants provides comprehensive services to assist enterprises in completing technology transfer registration procedures accurately and effectively.

• Contract Review and Drafting:
  • We comprehensively review contract terms to ensure legal compliance and draft bilingual contracts to ensure consistency.
  • We advise on adjusting terms that risk violating laws or are disadvantageous to the client.
• Administrative Representation:
  • We prepare and perfect the registration dossier, represent the client in submitting it to the Department of Science and Technology, and monitor progress.
  • We handle explanations, supplementations, or amendments as requested by state agencies during appraisal.
• Post-Licensing Compliance:
  • We advise on periodic reporting obligations and tax issues arising from technology transfer (contractor tax, corporate income tax).
  • We support procedures for amending or extending the Certificate when contract content changes.

Frequently Asked Questions

Below are some frequently asked questions regarding the procedure for obtaining a provincial-level Technology Transfer Registration Certificate; please refer to them:

If the parties amend or supplement the content of a technology transfer contract that has already been granted a Certificate, do they need to re-register it?

Yes. In cases where the parties agree to amend or supplement the content of a technology transfer contract that has already been granted a registration certificate, the parties must follow the procedure to request a renewal, amendment, or supplementation of the technology transfer registration certificate. This procedure must be completed within 90 days from the date of signing the amendment or supplement document.

(Legal basis: Clause 1, Article 33 of the 2017 Law on Technology Transfer.)

When will technology transfer contracts that are subject to mandatory registration become effective?

Technology transfer contracts that are subject to mandatory registration are effective from the date of issuance of the Technology Transfer Registration Certificate; in the case of renewal, amendment, or supplementation, the renewal, amendment, or supplementation contract is effective from the date the competent state agency issues the Technology Transfer Renewal, Amendment, or Supplementation Registration Certificate.

(Legal basis: Clause 3, Article 24 of the 2017 Law on Technology Transfer.)

While awaiting the issuance of the Certificate, are the parties permitted to carry out the technology transfer activities?

The law does not absolutely prohibit the execution of a contract before the issuance of the Certificate, except in cases where the parties agree that the contract’s validity is linked to the issuance of the Certificate. However, for payments made abroad or to tax incentives, relevant authorities (Banks, Tax Authorities) often require the Technology Transfer Registration Certificate as a legal basis for processing the procedures. Therefore, pre-execution may lead to risks related to administrative procedures.

(Legal basis: Clause 1, Article 5 of Decree 76/2018/ND-CP.)

Is it mandatory to appraise the value of technology transferred as a result of a state-funded project?

Yes. For technologies created with state budget funds or technology transfers using state capital, technology valuation is mandatory to prevent the loss of state assets. In such cases, the registration dossier may require additional documentation proving the valuation or appraisal process as stipulated by the law on the management and use of public assets.

(Legal basis: Article 4 of the 2017 Law on Technology Transfer.)

Does contributing capital in the form of technology require a technology transfer registration procedure?

Yes. Contributing capital in the form of technology is considered a form of technology transfer (transfer of ownership or usage rights). If this capital contribution falls under one of the cases specified in Clause 1, Article 31 (for example, capital contribution from foreign countries to Vietnam in the form of technology), then the technology transfer registration procedure is mandatory.

(Legal basis: Article 8, Clause 1 of Article 31 of the 2017 Law on Technology Transfer, amended by Clause 6 of Article 1 of the 2025 Amended Law on Technology Transfer.)

>>> See more: Technology Transfer Registration Process

Conclusion

Completing documents related to technology transfer activities is crucial to ensure investment project progress. Long Phan Consultants is ready to assist in resolving inquiries and representing you in administrative procedures. Protecting your legitimate rights and interests is our top priority. Contact us immediately via Hotline 1900636389 for in-depth consultation.