Re-issuance of Technology Transfer Certificate Procedure

The re-issuance of Technology Transfer Certificate serves as a critical step for enterprises needing to restore legal validity for lost, damaged, or erroneous documents. Mastering this protocol prevents operational delays and secures the technology transfer chain. Long Phan Consulting Company provides a technical analysis of the provincial-level jurisdiction protocols below.

Requirements and conditions for carrying out the re-issuance of the Technology Transfer Certificate for encouraged technology transfer

Pursuant to Article 7 of Decision 12/2023/QD-TTg and Point k, Subsection 3, Section B, Part II of Decision 1202/QD-BKHCN (2023), the regulatory framework mandates specific conditions for the re-issuance of the Encouraged Technology Transfer Certificate.

• Investment Compliance: The investment project must operate in accordance with investment laws.

• Specific Eligibility: Re-issuance or adjustment applies strictly to:

  • Loss of the physical certificate.

  • Physical damage to the certificate.

  • Alteration of legal information regarding participating parties (specifically name or address changes).

These rigorous conditions allow the competent authority to maintain strict control over technology transfer activities, ensuring dossiers accurately reflect the data of all related entities.

Competent Authority for Re-issuance

The Specialized Agency on Science and Technology under the Provincial People’s Committee holds primary jurisdiction. Typically, the Department of Science and Technology (DOST) in the province or centrally-run city where the investment project resides executes this function.

This agency bears responsibility for dossier reception, validity appraisal, and decision issuance for technology transfer activities within local investment projects. This excludes cases under the special jurisdiction of the Ministry of Science and Technology.

For verification purposes, the Department of Science and Technology may consult investment management agencies, such as the Department of Finance or Management Boards of Industrial Parks/Export Processing Zones. This cross-verification ensures the accuracy of project status and enterprise data changes.

Dossier components for the re-issuance of the Technology Transfer Certificate for encouraged technology transfer

According to Clause 2, Article 7 of Decision 12/2023/QD-TTg and Point c, Subsection 3, Section B, Part II of Decision 1202/QD-BKHCN, the applicant must compile the following documents:

• Request for Re-issuance: A written request for the re-issuance of Technology Transfer Certificate using Form No. 09 (Appendix of Decision 12/2023/QD-TTg).

• Original Certificate: The original Encouraged Technology Transfer Certificate (required for damaged or altered cases; excluded for lost cases).

• Legal Entity Documentation: Certified copies of the Investment Registration Certificate, Enterprise Registration Certificate, or equivalent legal documents for parties involved in the transfer (required if there are changes to names or addresses).

Order of procedures for the re-issuance of the Technology Transfer Certificate for encouraged technology transfer

The administrative workflow follows a streamlined protocol to ensure rapid resolution for enterprises, as defined in Decision 12/2023/QD-TTg.

• Step 1: Dossier Submission The transferor or transferee submits the application on behalf of the parties. Submission occurs directly, via postal service, or through the Online Public Service Portal to the Certificate Issuing Authority.

• Step 2: Validity Appraisal Within 03 working days of receipt, the Issuing Authority examines the completeness and validity of the dossier. Should the dossier require modification or supplementation, the authority issues a written notice specifying the necessary content and deadlines.

• Step 3: Decision Issuance Within 05 working days of receiving a valid and complete dossier, the Issuing Authority reviews the request and issues the decision to re-issue the certificate.

>>> See more at:

• Encouraged Technology Transfer Certificate Procedure
• Procedure to Amend Technology Transfer Certificate

Long Phan Consulting Services

Long Phan Consulting Company delivers comprehensive technical solutions for the re-issuance of Technology Transfer Certificate, ensuring precision and legal safety. We structure our support into three primary phases, each containing three specific execution points:

• Dossier Drafting and Preparation

  • Conduct a legal review of the current dossier status to determine the optimal processing method (loss, damage, or information modification).

  • Draft the Request for Re-issuance (Form No. 09) ensuring absolute consistency with enterprise data.

  • Facilitate the notarization and authentication of related legal documents, such as the Enterprise Registration Certificate and Investment Registration Certificate, to meet regulatory standards.

• Administrative Representation

  • Represent the client in submitting the dossier to the Department of Science and Technology or via the National Public Service Portal.

  • Monitor the processing status closely and receive official communications from state agencies.

  • Execute immediate explanations or document supplementation upon request from the regulatory body.

• Post-Licensing Legal Compliance

  • Audit periodic reporting obligations related to technology transfer activities to ensure ongoing compliance.

  • Analyze investment incentives the enterprise is entitled to under the re-issued certificate.

  • Advise on strategies to optimize benefits derived from state encouragement policies regarding technology transfer.

Frequently Asked Questions

State Fees and Charges

Current legislation does not impose state fees for the re-issuance of Technology Transfer Certificate. Organizations and individuals bear only incidental costs, such as notarization fees or postal charges (if submitting via mail). (Legal basis: Point h, Subsection 3, Section B, Part II, Decision 1202/QD-BKHCN 2023)

Total Processing Time

The standard resolution time is approximately 08 working days. This includes 03 working days for the Issuing Authority to check validity and 05 working days to review and issue the decision upon receipt of a valid dossier. (Legal basis: Clause 3, Article 7, Decision 12/2023/QD-TTg)

Submission of Damaged Originals

Yes. For re-issuance requests due to damage or information changes, the applicant must surrender the original certificate. This allows the state agency to revoke and archive the old document, preventing the concurrent existence of two legal instruments. (Legal basis: Point b, Clause 2, Article 7, Decision 12/2023/QD-TTg)

Proof of Loss Protocol

In cases of loss, the enterprise does not submit the original but must explicitly state the reason for the loss. The applicant must commit to the truthfulness of this declaration in the “Request for Re-issuance” (Form No. 09). (Legal basis: Point a, b, Clause 2, Article 7, Decision 12/2023/QD-TTg)

Dossier Quantity

The applicant submits 01 original set of the dossier (including the Request and accompanying documents) to the Specialized Agency on Science and Technology under the Provincial People’s Committee. (Legal basis: Point a, Clause 3, Article 7, Decision 12/2023/QD-TTg)

Conclusion

The procedure for the re-issuance of Technology Transfer Certificate demands exactness in documentation and strict adherence to statutory deadlines. To ensure business continuity and compliance, enterprises should leverage professional counsel. Contact Long Phan Consulting Company via Hotline 1900636389 for optimal legal solutions.