Chương VI Luật chuyển giao công nghệ: Giải quyết tranh chấp, khiếu nại, tố cáo và xử lý vi phạm

Chapter VI

DISPUTE RESOLUTION, COMPLAINTS AND DENUNCIATIONS, AND DEALING WITH BREACHES

Article 55. Dispute resolution during technology transfer activities

Dispute resolution during technology transfer activities shall be implemented in the following forms:

1. Negotiation between the parties.

2. Conciliation between the parties as mediated by an entity selected by agreement between the parties.

3. Resolution by a domestic or foreign arbitrator or court.

Article 56. Principles for dispute resolution

1. Any dispute arising during technology transfer activities to which the parties are Vietnamese entities shall be resolved in accordance with the provisions of this Law and other relevant laws.

2. With respect to any dispute arising during technology transfer activities to which one party is a foreign entity, the parties shall have the right to select the dispute resolution tribunal and the applicable law in accordance with article 4 of this Law in order to resolve the dispute.

3. Any dispute arising during technology transfer activities in which the parties do not reach agreement on selection of applicable law shall be resolved in accordance with the law of Vietnam.

Article 57. Complaints and denunciations

1. Organizations and individuals shall have the right to lodge a complaint with the competent State administrative body about conduct during technology transfer activities infringing the lawful rights and interests of such organization or individual, or to institute court proceedings in accordance with law.

2. Individuals shall have the right to make a denunciation to the competent State administrative body about conduct in breach of this Law.

3. Complaints and denunciations during technology transfer activities and their resolution shall be implemented in accordance with the law on complaints and denunciations.

4. Any administrative decision of a competent State administrative body for technology transfer which is effective shall remain enforceable throughout the period during which any organization or individual lodges a complaint, makes a denunciation, or institutes legal proceedings; only when there is a decision resolving a complaint or denunciation from the competent State administrative body for technology transfer or when there is a verdict of the court shall enforcement be implemented in accordance with such decision or verdict.

5. Competent State administrative bodies for technology transfer at all levels shall be responsible to resolve complaints and denunciations made by organizations and individuals which are within the jurisdiction of such bodies.

Article 58. Dealing with breaches of the law on technology transfer

1. Any entity in breach of the law shall, depending on the nature and seriousness of the breach and its consequences to technology transfer activities, be dealt with in one of the following forms:

(a) Be subject to a penalty in accordance with the law on dealing with administrative breaches during technology transfer activities;

(b) Be subject to criminal prosecution in accordance with law.

2. If a breach of law during technology transfer activities causes loss and damage to the interests of the State or to the legal rights and interests of other entities, then the offender must pay compensation in accordance with law.