Chương V Luật chuyển giao công nghệ: Trách nhiệm của cơ quan quản lý nhà nước đối với hoạt động chuyển giao công nghệ

Chapter V

RESPONSIBILITIES OF STATE ADMINISTRATIVE BODIES FOR TECHNOLOGY TRANSFER ACTIVITIES

Article 51. Responsibilities of the Government

The Government shall have the following responsibilities for the exercise of State administration of technology transfer activities:

1. To exercise uniform State administration of technology transfer activities.

2. To direct the formulation and promulgation of strategies, plans, programs, regimes, policies and measures for promotion of technology transfer activities and for renovation of technology consistent with each stage of socio-economic development of the country, and to organize implementation of such items.

3. To direct inspection of implementation of the law on technology transfer; to disseminate and teach the law on technology transfer.

4. To decentralize and allocate functions of State administration of technology transfer activities.

5. To promulgate the list of technologies the transfer of which is encouraged, the list of technologies the transfer of which is restricted, and the list of technologies the transfer of which is prohibited.

6. To conduct checks and inspections, to resolve complaints and denunciations, and to deal with breaches of the law during technology transfer activities.

Article 52. Responsibilities of the Ministry of Science and Technology

The Ministry of Science and Technology shall have the following responsibilities for the exercise of State administration of technology transfer activities:

1. To be responsible before the Government for exercising administration of technology transfer activities; to promulgate legal instruments on technology transfer in accordance with its authority.

2. To preside over co-ordination with ministries, ministerial equivalent bodies and Government bodies in formulation of strategies, plans, measures, regimes and policies for promotion of technology transfer activities and renovation of technology, and to submit same to the Government for promulgation.

3. To formulate the list of technologies the transfer of which is encouraged, the list of technologies the transfer of which is restricted, and the list of technologies the transfer of which is prohibited; to submit such lists to the Government for promulgation; and to organize implementation thereof.

4. To issue and revoke technology transfer permits in the case of technologies on the list of technologies the transfer of which is restricted; to issue and revoke certificates of registration of technology transfer contracts.

5. To announce, in accordance with law, the list of technologies created with State funding.

6. To organize the work of compiling statistics on technology transfer in accordance with law.

7. To organize the work of checks and inspections, resolution of complaints and denunciations, and dealing with breaches of the law on technology transfer.

8. To carry out other duties as authorized or delegated by the Government.

Article 53. Responsibilities of ministries and ministerial equivalent bodies

Ministries and ministerial equivalent bodies shall have the following responsibilities for the exercise of State administration of technology transfer activities:

1. To co-ordinate with the Ministry of Science and Technology in formulating the list of technologies the transfer of which is encouraged, the list of technologies the transfer of which is restricted, and the list of technologies the transfer of which is prohibited; and in formulating strategies, plans, programs,

measures, regimes and policies for promotion of technology transfer activities and for renovation of technology.

2. To organize implementation of the program for national technological renovation in the fields for which responsibility has been delegated to them.

3. To facilitate technology transfer activities, especially technologies the transfer of which is encouraged and technology transfer in geographical areas to which the transfer of technology is encouraged.

4. To organize dissemination and training of the law on technology transfer.

5. To carry out other duties as authorized or delegated by the Government.

Article 54. Responsibilities of people's committees at all levels

People's committees at all levels shall have the following responsibilities for the exercise of State administration of technology transfer activities:

1. Provincial people's committees shall exercise State administration of technology transfer activities within their localities in accordance with authority delegated to them by the Government.

2. People's committees at all levels shall be responsible, within the scope of their respective duties and powers, to facilitate technology transfer activities within their localities.