Chương V Luật Chuyển giao công nghệ 2017: Quản lý nhà nước về chuyển giao công nghệ

Chapter V

STATE MANAGEMENT OF TECHNOLOGY TRANSFER

Article 53. Responsibility of the Government

1. Carry out the consistent state management of technology transfer activities.

2. Instruct, promulgate and organize the implementation of legislative documents, strategies, plans, mechanisms, policies and measures to improve technology transfer and innovation activities in conformity with each national socio-economic development period.

3. Assign and authorize regulatory authorities to perform state management of technology transfer activities.

4. Promulgate the List of technologies encouraged for transfer, the List of technologies restricted from transferring and the List of technologies banned from transferring.

Article 54. Responsibility of Ministry of Science and Technology

1. Take charge of assisting the Government in carrying out the consistent state management of technology transfer activities.

2. Preside over the formulation of programs, projects and policies on import of technologies, science and technology market development, promotion of technology transfer, application and innovation, and then submit them to the Prime Minister for consideration.

3. Compile and submit the List of technologies encouraged for transfer, the List of technologies restricted from transferring and the List of technologies banned from transferring to the Government for promulgation.

4. Issue and revoke technology transfer permits with respect to technologies on the List of technologies restricted from transferring.

5. Appraise, comment on and inspect technologies applied to investment projects within its competence.

6. Instruct the evaluation of technological level and competence in industries/ sectors according to requirements for socio-economic development and international economic integration in each period.

7. Organize the appraisal, selection and announcement of technologies which are created from findings on scientific research and technological development.

8. Organize training and retraining courses to improve capacity and professional skills in performing transfer and commercialization of findings on scientific research and technological development, technology application and innovation.

9. Organize statistical works on technology transfer, application and innovation in accordance with regulations of law, and establish technology database.

10. Inspect and resolve complaints or denunciations or violations against regulations of the law on technology transfer.

11. Implement international cooperation programs on technology transfer within its competence.

12. Propagate and disseminate the law on technology transfer.

13. Prepare the Government's reports on technology transfer and every 05 years, prepare reports on nationwide technology innovation.

14. Fulfill other duties as prescribed by law.

Article 55. Responsibility of ministries and ministerial-level agencies

1. Ministries and ministerial-level agencies shall, within their competence, cooperate with Ministry of Science and Technology in performing state management of technology transfer. To be specific:

a) Propose technologies to the List of technologies encouraged for transfer, the List of technologies restricted from transferring and the List of technologies banned from transferring;

b) Formulate plans, schemes, programs, measures, mechanisms and/or policies on promotion of technology transfer, application and innovation;

c) Inspect technologies and quality of products, commodities or services created from the technology transfer, application and/or innovation.

2. Organize the appraisal, selection and announcement of technologies created from findings on scientific research and technological development, and facilitate enterprises’ receipt of transfer of such technologies in sectors under their management.

3. Facilitate technology transfer activities, especially technologies encouraged for transfer and technology transfer activities performed in regions where the technology transfer is encouraged.

4. Appraise, comment on and inspect technologies applied to investment projects and technology transfer as regulated by law.

5. Implement international cooperation programs on technology transfer within their competence.

6. Make annual statistics on technology transfer, application and innovation, and send them to the Ministry of Science and Technology.

Article 56. Responsibility of Provincial-level People’s Committees

Each Provincial-level People’s Committee shall, within the ambit of its assigned functions and powers, perform state management of technology transfer activities and assume responsibility to:

1. Promulgate within its competence or request the competent authorities to promulgate, and organize the implementation of legislative documents, strategies, policies, schemes, programs and/or plans on technology transfer, application and/or innovation in the province;

2. Appraise or comment on technologies applied to investment projects in accordance with regulations of law;

3. Facilitate local organizations and individuals' technology transfer, application and innovation activities;

4. Timely prevent the transfer of plant varieties or domestic animal breeds which are not yet recognized as technological advances; agricultural materials which are not allowed to be manufactured, traded or sold under regulations of law;

5. Organize the inspection or appraisal of local technology transfer activities; establish and manage database, information and statistics on technology transfer, application and innovation activities; submit statistics on technology transfer, application and innovation activities to competent science and technology authorities;

6. Propagate, disseminate and instruct the implementation of the law on technology transfer;

7. Inspect and resolve complaints or denunciations or violations against regulations of the law on technology transfer within its competence.

Article 57. Statistics on technology transfer, application and innovation

The statistical works on technology transfer, application and innovation are performed in accordance with regulations of the law on statistics and the following provisions:

1. Statistics on technology transfer, application and innovation are included in annual statistics and reports of science and technology authorities.

Every year, Ministry of Science and Technology shall take charge of and cooperate with ministries and ministerial-level agencies to make statistics on technology transfer, application and innovation nationwide;

2. Ministry of Science and Technology shall cooperate with the central statistics office affiliated to the Ministry of Planning and Investment to establish the statistical indicator system and collect statistical information about enterprises’ technology transfer, application and innovation; cooperate with central tax agency and central customs agency affiliated to the Ministry of Finance to make connection and sharing of statistical data on technology transfer, application and innovation;

3. Each Provincial-level People’s Committee shall make statistics on technology transfer, application and innovation in such province;

4. Organizations and individuals that are requested to provide information about technology transfer, application and innovation must provide accurate, correct and sufficient information within the time limit prescribed by statistics offices;

5. Ministry of Science and Technology shall promulgate detailed regulations on statistics on technology transfer, application and innovation.

Article 58. Responsibility of representative missions of Vietnam in foreign countries for technology transfer

Representative missions of Vietnam in foreign countries shall search for technologies, support and promote technology transfer activities, and facilitate transfer of technologies from foreign countries to Vietnam and vice versa.