Chương IV Luật Chuyển giao công nghệ 2017: Biện pháp khuyến khích chuyển giao công nghệ, phát triển thị trường khoa học và công nghệ

Chapter IV

MEASURES TO PROMOTE TECHNOLOGY TRANSFER AND SCIENCE AND TECHNOLOGY MARKET DEVELOPMENT

Section 1. PROMOTION OF TECHNOLOGY APPLICATION AND INNOVATION

Article 35. Supports and incentives for enterprises to develop technology application and innovation

1. The Government shall give supports to enterprises that have projects in regions or sectors eligible for investment incentives to carry out technology transfer activities with science and technology organizations.

2. Enterprises may use funding from their science and technology development funds to make investment, provide or receive counterpart funds for developing technology innovation, technology incubation, science and technology business incubation, innovative startups, commercialization of their findings on scientific research and technological development and covering other expenditures under regulations of the law on science and technology.

3. The ownership, the right to use and other rights that arise from findings on scientific research and technological development or intellectual property objects whose value may be determined are considered as property rights.

The National Foundation for Science and Technology Development, the National Technology Innovation Fund or credit institutions may receive the property rights as prescribed in this Clause as collaterals for loans for investment in science and technology projects, innovative startups, or development of findings on scientific research and technological development.

4. The Government encourages the cooperation under any forms between enterprises and authorities, organizations or individuals in developing technology innovation projects, innovative startups, or upgrading infrastructure facilities to serve science and technology development and general research activities.

5. Enterprises that make investment in material – technical facilities to serve reverse engineering, organizations or individuals that carry out the reverse engineering are entitled to the following incentives:  

a) Receive supports, guarantee for loans or preferential loan interest rate from the National Technology Innovation Fund or credit institutions;

b) Enjoy other supports or incentives in accordance with regulations herein and relevant laws.

6. Socio-political organizations, social organizations and socio-professional organizations shall, within the ambit of their assigned functions and duties, facilitate organizations, individuals and enterprises in performing technology transfer activities.

7. The Government shall promulgate detailed regulations on this Article.

Article 36. Promoting commercialization of findings on scientific research and technological development

1. Findings on scientific research and technological development which are considered as public property shall be managed and used in accordance with regulations of the law on management and use of public property.

2. The ownership of findings on scientific research and technological development which have been funded by the Government shall comply with the following regulations:

a) If the Government provides funding for performing scientific research and technology development tasks for an entity that makes investment in material - technical facilities and/or financial investment and concurrently acts as the presiding entity of such scientific research and technology development tasks, the ownership of findings on such scientific research and technology development tasks shall be given to this entity.

b) If the Government provides funding for performing scientific research and technology development tasks on the basis of cooperation between an entity that makes investment in material - technical facilities and/or financial investment and the presiding entity of such scientific research and technology development tasks, the ownership of findings on such scientific research and technology development tasks shall be given under the agreement between the parties.

3. Profits accrued from the commercialization of findings on scientific research and technological development funded by state budget must be divided so as to ensure interests of owners, authors, presiding entity, intermediaries, organizations and individuals involved in such commercialization activities in accordance with relevant laws.

4. If findings on scientific research and technological development which have been self-financed and performed by an organization or individual are effectively transferred and applied, and recognized by science and technology authorities, such organization or individual may get financial supports from state budget. In case such findings are found important for the socio-economic development as well as national defense and security, the Government shall consider purchasing such findings.

Science and technology authorities shall assume responsibility to collect, appraise, select, recognize and announce findings on scientific research and technological development to serve demands for innovation of organizations and individuals.

5. Science and technology organizations that own findings on scientific research and technological development and associate with local organizations applying or transferring technology may receive funding from state budget to develop such findings in conformity with local features.

6. Individuals that work at research institutions or higher education institutions and do research on technology transfer, application and/or innovation at production and/or business establishment may receive funding for science and technology activities from state budget and other lawful funding sources.

7. Facilities and equipment serving the performance of science and technology tasks shall be managed, used and settled in accordance with regulations of the law on management of public property.

8. The Government shall facilitate the establishment of industrial property rights, certification and registration of new products or new technologies by organizations or individuals conducting commercialization of findings on scientific research and technological development or technology transfer activities.

9. The Government shall promulgate detailed regulations on this Article.

Article 37. National technology innovation program

1. Objectives of the National technology innovation program:

a) Improve the national technological capacity and technology transfer efficiency;

b) Serve the development of national key products;

c) Facilitate small-size and medium-size enterprises’ application of technologies, commercialization of findings on scientific research and technological development and/or technology innovation;

d) Intensify technological resources in rural regions, mountainous regions, and regions facing difficult or extremely difficult socio-economic conditions.

2. Based on the national socio-economic development tasks in each period, Ministry of Science and Technology shall take charge of and cooperate with relevant ministries, ministerial-level agencies and the Government's affiliates to formulate and submit the National technology innovation program to the Prime Minister for approval.

Article 38. National Technology Innovation Fund

1. Objectives of the National Technology Innovation Fund:

a) Assist enterprises in transferring, innovating or finishing technologies encouraged for transfer as prescribed in Article 9 herein;

b) Promote the transfer of technologies serving agricultural development in rural regions, mountainous regions and regions facing difficult or extremely difficult socio-economic conditions;

c) Assist technology incubation, science and technology business incubation and reverse engineering activities;

d) Assist training for science and technology personnel to serve the transfer, innovation and finishing of technologies.

2. The National Technology Innovation Fund shall provide assistance in the following forms:

a) Give concessional loans;

b) Grant loan interest rate subsidy;

c) Give loan guarantee;

d) Give financial support.

3. The National Technology Innovation Fund is established from the following sources of funding:

a) Voluntary contributions by domestic and foreign entities and individuals;

b) Loan interests;

c) Charter capital supported by state budget;

d) Other lawful funding sources.

4. The Prime Minister shall make decision on establishment, management and use of funding from the National Technology Innovation Fund.

Article 39. Tax policies aimed at promoting technology transfer, application and innovation

The following entities are eligible for tax incentives in accordance with regulations of the law on taxation:

1. Machinery, equipment, components, materials, specimens or technologies which are not yet created domestically and are imported to directly serve research and development, reverse engineering, technology innovation and technology transfer; scientific documents, books and journals that serve innovative startups and science and technology business development;

2. Technology incubators, science and technology business incubators, organizations or individuals investing in and supporting innovative startups; science and technology market intermediaries that have earnings from provision of technology transfer services;

3. Transferors of technology from Vietnam to foreign countries; organizations or individuals carrying out scientific research and technology development activities, technology transfer and/or reverse engineering at enterprises;

4. Organizations or individuals that make transfer of technologies encouraged for transfer.

Article 40. Developing technologies that create and finish national key products

1. Prioritize the transfer of technologies which are adopted to create national key products from findings on domestic scientific research and technological development.

2. Encourage the development of technologies which are adopted to create and finish national key products that are highly competitive in both domestic and foreign market.

3. The Government adopts specific policies and measures to step up the completion of Vietnam’s machinery and equipment design and/or manufacturing in order produce competitive products.

4. Enterprises and entities that transfer, apply and perfect technologies which are adopted to  create national key products are entitled to enjoy preferential treatment under regulations of law.

5. The Government shall promulgate detailed regulations on this Article.

Section 2. SCIENCE AND TECHNOLOGY MARKET DEVELOPMENT

Article 41. Science and technology market development strategies

1. The Government adopts specific policies and measures to support or make investment in the science and technology sector with funding from state budget, and mobilize other lawful funding sources to develop the science and technology market by means of developing sources of technological supply and demand, and science and technology market intermediaries as prescribed Article 42 and Article 43 herein.

2. Based on the national socio-economic development tasks in each period, Ministry of Science and Technology shall take charge of and cooperate with relevant ministries and ministerial-level agencies to formulate and submit national technology innovation programs to the Prime Minister for approval.

Article 42. Developing sources of supply and demand in science and technology market

Sources of supply and demand in science and technology market may be developed by means of the following activities:

1. Importing, reverse-engineering or owning high technology, advanced technology and/or clean technology to serve the implementation of national and regional socio-economic development plans and/or strategies;

2. Purchasing and doing research on perfecting inventions or initiatives which have been effectively applied in a small scale and then transferring them to enterprises or disseminating them to people;

3. Improving the extraction and application of findings on scientific research and technological development, technological ideas by science and technology businesses, high technology enterprises, innovative startups, entities supporting innovation or innovative startups, technology incubators, science and technology business incubators, and high-tech business incubators;

4. Evaluating new technologies and new products which are generated in Vietnam from findings on scientific research and technological development with price and quality equivalent to those of the imported ones in order to encourage the application of such new technologies/ products to investment projects funded by state budget or give priority to them in course of bidding for purchase and supply of public products and services;

5. Training and improving enterprises’ capacity for adopting and owning technologies; carrying out the commercialization of findings on scientific research and technological development; associating, cooperating or exchanging science and technology personnel between research institutes or training institutions and production and business establishments;

6. Collecting and providing technology-related information to enterprises, business associations, industry associations, cooperatives, intellectual property, investment promotion or trade promotion service providers;

7. The Government shall promulgate detailed regulations on this Article.

Article 43. Development of science and technology market intermediaries

1. Science and technology market intermediaries provide technology transfer brokerage, consultancy and promotion services, technology appraisal, valuation and assessment services, connection and assistance services for suppliers, demanders and other parties in technology-related transactions.

2. The Government implements the following measures to develop science and technology market intermediaries:

a) Building technical infrastructure facilities and assisting operation of national technology transfer center and technology business startup support center within 05 first operating years;

b) Supporting training for personnel of intermediaries;

c) Assisting and improving the capacity of providers of technology transfer consultancy, brokerage and/or promotion services, technology appraisal, valuation and assessment services for exploitation of information concerning technology, intellectual property, findings on domestic and foreign scientific research and technological development.

3. Organizations and individuals are encouraged to provide technology transfer brokerage, consultancy and promotion services in research institutes or training institutions; a network of domestic and foreign technology transfer consultancy organizations shall be established.

4. The Government shall promulgate detailed regulations on this Article.

Article 44. Announcement, performance and introduction of technology

1. Technologies are exhibited, introduced, traded and transferred under promotion at technology markets, trade fairs and exhibitions, points of technology supply and demand, technology exchanges or transfer centers.

2. In course of announcement, performance and introduction of technologies, science and technology authorities shall assume responsibility to:

a) Every year, announce the list of technologies created with funding from state budget on their websites, unless otherwise prescribed by law;

b) Encourage and assist enterprises, organizations and individuals in announcing their new technologies.

3. The Government shall adopt measures to support domestic enterprises, organizations or individuals that create new technologies in their announcement, performance and introduction of technology in both domestic and foreign technology markets and/or fairs.

Section 3. TECHNOLOGY TRANSFER SERVICES

Article 45. Types of technology transfer services

1. Technology transfer brokerage.

2. Technology transfer consultancy.

3. Technology appraisal.

4. Technology valuation.

5. Technology assessment.

6. Promotion of technology transfer.

Article 46. Rights of technology transfer service provider

1. Each technology transfer service provider shall have the following rights:

a) Request service users to provide necessary information and/or documents to serve the provision of technology transfer services;

b) Receive income and other interests from provision of technology transfer services as agreed;

c) Hire collaborators and/or experts to serve the provision of technology transfer services;

d) Have the right to use technology database in accordance with regulations of law;

dd) Request service users to make compensation for damage caused by their mistake;

e) Cooperate or form joint-ventures with other entities or individuals to develop technology transfer services;

g) Participate in domestic and/or international industry associations in accordance with regulations of law;

h) Exercise other rights in accordance with regulations herein and relevant laws.

2. Providers of technology transfer brokerage, consultancy and/or promotion services shall have the rights mentioned in Clause 1 of this Article and be entitled to earn profits from the application, transfer of right to use of, transfer or capital contribution by findings on scientific research and technological development funded by state budget.

Article 47. Obligations of technology transfer service provider

1. Each technology transfer service provider shall discharge the following obligations:

a) Perform the signed technology transfer service contracts;

b) Assume responsibility for the provision of technology transfer services;

c) Make compensation for damage to service users due to its mistake;

d) Maintain and return documents and/or facilities to service users upon the completion of service provision as agreed;

dd) Timely inform service users of insufficient information and/or documents resulting in failure to provide services;

e) Keep secret of information as agreed upon in the technology transfer service contract;

g) Fulfill financial obligations and other obligations as regulated by law.

2. In addition to the fulfillment of obligations prescribed in Clause 1 of this Article, providers of technology appraisal, valuation or assessment services must discharge the following obligations:

a) Apply for certificate of eligibility to provide technology appraisal, valuation and/or assessment services as regulated by law;

b) Send annual reports on provision of technology appraisal, valuation and/or assessment services to science and technology authorities.

Article 48. Providers of technology appraisal, valuation and assessment services

1. Technology appraisal, valuation and/or assessment services shall be provided by science and technology organizations or enterprises running technology appraisal, valuation and/or assessment services.

2. A technology valuation organization is required to meet eligibility requirements laid down in the pricing law and specific requirements for personnel, material – technical facilities.

3. The Government shall stipulate the power, procedures and requirements for issuance of Certificate of eligibility to provide technology appraisal and assessment services; specific requirements for personnel, material – technical facilities which must be satisfied by technology valuation organizations.

Section 4. TECHNOLOGY TRANSFER IN RURAL REGIONS, MOUNTAINOUS REGIONS, ISLANDS AND REGIONS FACING DIFFICULT OR EXTREMELY DIFFICULT SOCIO-ECONOMIC CONDITIONS

Article 49. Technologies encouraged to be transferred to rural regions, mountainous regions, islands and regions facing difficult or extremely difficult socio-economic conditions

Technologies prescribed in Article 9 herein and the following technologies are encouraged to be transferred to rural regions, mountainous regions, islands and regions facing difficult or extremely difficult socio-economic conditions:

1. Technologies applied to the conservation and development of genetic resources; selection, generation and improvement of economic value of plant varieties and domestic animal breeds;

2. Technologies for cultivation/raising/ production, maintenance and processing of agricultural, forest and salt products, medicinal plants, fungi, and beneficial microorganisms for agriculture and aquaculture;

3. Technologies for prevention and control of pests and diseases of plant varieties, domestic animal breeds or medicinal plants;

4. Technologies for production, extraction and thriving use of clean water sources; technologies for water treatment in aquaculture industry;

5. Technologies for improvement of productivity, quality and efficiency of traditional products of local handicraft villages.

Article 50. Responsibility of organizations and individuals for technology transfer to rural regions, mountainous regions, islands and regions facing difficult or extremely difficult socio-economic conditions

1. Programs or projects for introduction of plant varieties, domestic animal breeds or technologies for cultivation/raising/ production, maintenance and processing of agricultural, forest, aquatic or salt products must include technology transfer contents.

2. Before introducing or transferring technology for cultivation/raising/ production, maintenance and processing of agricultural, forest, aquatic or salt products, organizations or individuals must report to the science and technology authority at locality where such technology transfer is made.

3. Organizations or individuals that provide plant varieties and/or domestic animal breeds and transfer technologies for cultivation/raising/ production, maintenance and processing of agricultural, forest, aquatic or salt products must provide instructions on transferred technologies to users and make compensation for damage caused by their provision of plant varieties and/or domestic animal breeds and technology transfer.

4. Other responsibility is prescribed by law.

Article 51. Responsibility of regulatory authorities for technology transfer to rural regions, mountainous regions, islands and regions facing difficult or extremely difficult socio-economic conditions

1. Local science and technology authorities are responsible for instructing and facilitating the introduction and transfer of plant varieties or domestic animal breeds or technologies for cultivation/raising/ production, maintenance and processing of agricultural, forest, aquatic or salt products; promoting local technology transfer activities; inspecting and preventing the introduction or provision of plant varieties or domestic animal breeds or technologies that cause damage to users.

2. Every year, the Ministry of Science and Technology shall take charge of and cooperate with relevant ministries, ministerial-level agencies and the Government's affiliates to appraise the technology transfer activities conducted at rural regions, mountainous regions, islands or regions facing difficult or extremely difficult socio-economic conditions.

Article 52. Technology transfer in agriculture

1. The transfer of technological advances in varieties, products, production process, technical solutions and management solutions in the field of agriculture is encouraged.

2. The agricultural technology transfer may be carried out under forms prescribed in this Law or other specific forms including agricultural extension programs or plans, or other technology transfer programs or plans given approval by regulatory authorities.

3. The agricultural technology transfer may be carried out by adopting methods prescribed in this Law or other specific methods including training, improvement, performance models or propagation activities.

4. The Government shall promulgate detailed regulations on specific forms and methods of agricultural technology transfer prescribed in Clause 2 and Clause 3 of this Article; transferors and transferees according to specific forms and methods of agricultural technology transfer prescribed in Clause 2 and Clause 3 of this Article; policies on technology transfer in agriculture.

5. Minister of Agriculture and Rural Development shall promulgate the List of technological advances in varieties, products, production process, technical solutions and management solutions encouraged for transfer in the field of agriculture; criteria, formalities and procedures for certification of technological advances.