Procedures for granting the latest technology transfer registration certificate

Issuance of technology transfer registration certificate is a legal procedure that ensures the legality of technology transfer activities in Vietnam. This procedure is carried out in accordance with the provisions of the Law on Technology Transfer 2017 and related legal documents. The following article by Long Phan will analyze in detail the conditions, documents and procedures for issuing the latest technology transfer registration certificate.

Cases where technology transfer registration is required

Pursuant to Clauses 1 and 4, Article 31 of the Law on Technology Transfer 2017, the technology transfer contract and the technology transfer part specified in Clause 2, Article 5 of this Law must be registered with the state agency in charge of science and technology. technology, except for technology restricted from transfer that has been granted a technology transfer registration certificate:

• Technology transfer from abroad to Vietnam;
• Technology transfer from Vietnam to foreign countries;
• Domestic technology transfer using state capital or state budget, except in cases where a Certificate of registration of results of performing scientific and technological tasks has been issued.

Within 90 days from the date of signing the technology transfer agreement document, the party responsible for registering technology transfer shall send 01 set of documents to the agency performing the function of state management of science. and technology requested for a Technology Transfer Registration Certificate

Application for registration of technology transfer

Instructions for filling out technology transfer registration application

Form of written request (application) for registration of technology transfer is specified in Model number 01, Appendix IV of Decree 76/2018/ND-CP.

• When filling out this form, the parties need to provide complete and accurate information about the transferor and the recipient of the technology transfer. The main content of the document includes the name of the transferred technology, technology field, transfer method and contract implementation period.
• The parties need to clearly state the purpose of technology transfer and commit to the legality of the contract content. The last part of the document requires the signature and seal (if any) of the legal representatives of the parties participating in the technology transfer. Filling out this form completely and accurately is an important step in the technology transfer registration process.

Prepare registration documents

Pursuant to Clause 3, Article 31 of the Law on Technology Transfer 2017, technology transfer registration dossiers include:

1. 01 original copy of the request for registration of technology transfer, clearly stating the commitment of the parties to ensure the content of the contract complies with relevant legal regulations;
2. Original or certified copy of technology transfer agreement document showing the following content:

• Name of technology to be transferred.
• Technology objects to be transferred, products created by technology, product standards and quality.
• Transfer of ownership rights, transfer of technology use rights.
• Technology transfer method.
• Rights and obligations of the parties.
• Price, payment method.
• Term and effective date of the contract.
• Concepts and terms used in the contract (if any).
• Plan, schedule of technology transfer, location for technology transfer.
• Responsibility for technology warranty is transferred.
• Penalty for breach of contract.
• Liability for breach of contract.
• Dispute resolution body.
• Other contents agreed upon by the parties.

Note, in case there is no written contract in Vietnamese, there must be a translation into Vietnamese and notarized or authenticated.

Procedures for granting the latest technology transfer registration certificate

Procedures for granting a technology transfer registration certificate are specified in Clauses 4, 5, 6, Article 31 of the Law on Technology Transfer 2017, which stipulates the following steps:

• Step 1: Within 90 days from the date of signing the technology transfer agreement document, the party responsible for registering technology transfer sends 01 set of documents to the agency performing state management functions. on science and technology specified in Article 6 of Decree 76/2018/ND-CP effective from July 1, 2018 to apply for a Technology Transfer Registration Certificate.
• Step 2: Within 05 working days from the date of receiving the complete dossier, the agency performing the function of state management of science and technology has the authority to consider and issue the Transfer Registration Certificate. technology; In case of refusal, a written response must be made clearly stating the reason.

The agency performing the function of state management of science and technology shall refuse to issue a Technology Transfer Registration Certificate in the following cases:

1. Technology transfer contracts restrict transfer;
2. The contract has no technology object or technology transfer content;
3. The content of the contract is contrary to the law on technology transfer.

Consulting on implementing procedures for applying for a technology transfer registration certificate

When carrying out the procedure for applying for a technology transfer registration certificate, finding a professional consulting unit will help you save time, effort and ensure your application is completed accurately. accurate and fully meets the legal conditions. At Long Phan, we can advise and support the process of implementing the most accurate, effective and quickest procedures for applying for a technology transfer certificate. Long Phan’s services include:

• Consulting on issues related to the issuance of a technology transfer registration certificate, including conditions, procedures, and necessary documents.
• Instructions on preparing documents and fully evaluating all types of documents and certificates you already have.
• Consulting and guidance on procedures for applying for the technology transfer registration certificate
• Instruct you to supplement missing or invalid documents.
• Representing you to participate in administrative procedures in submitting documents and working with competent authorities to resolve arising problems.

The process of applying for a technology transfer registration certificate requires careful preparation and compliance with legal regulations. Customers need to carefully prepare documents and follow the registration process correctly. For professional support, customers can contact Long Phan via hotline 0906735386 for detailed advice on procedures for granting the technology transfer registration certificate.