Guides for Technology transfer in Vietnam

Technology transfer means the transfer of right to own or the right to use a part or the whole of a technology from a party having the right to transfer the technology to a technology transferee.

Transferable subject matters of technology
Transferable subject matter of technology is part or the whole of a technology of the following types:
– Technical know-how;
– Technical knowledge about the transferred technology in the form of technological plan, technological process, technical solution, formula, technical parameter, drawing, technical diagram, computer program, or data information;
– Solution to rationalize production or renew a technology.
The transferable subject matter of technology may be accompanied or not accompanied by a subject matter of industrial property.

Right to transfer technologies
– The owner of a technology may transfer the right to own or the right to use the technology.
An organization or individual that is allowed by the owner of a technology to transfer the right to use that technology is entitled to transfer such right.
An organization or individual that owns a technology which is an industrial property subject matter with the protection duration having expired or not protected in Vietnam may transfer the right to use that technology.

Type of transfer technologies
1. Transfer of the right to own a technology
– Transfer of the right to own a technology means the full transfer by the owner of a technology of the right to possess, the right to use and the right to dispose of that technology to another organization or individual in accordance with Article 18 of this Law.
– When a technology is a subject matter having its industrial property rights protected, the transfer of the right to own that technology shall be conducted simultaneously with the assignment of industrial property rights in accordance with the law on intellectual property.

2. Transfer of the right to use a technology
– Transfer of the right to use a technology means the permission by an organization or individual defined in Article 8 of this Law for another organization or individual to use a technology in accordance with Clause 2 of this Article and Article 18 of this Law.
– The parties shall agree on the scope of transfer of the right to use a technology, covering:
• Exclusive or non-exclusive use of the technology;
• Whether or not re-transfer of the right to use that technology to a third party is permitted;
• Domain in which the technology is used;
• The right to innovate that technology and the right to receive information on technology innovation;
• Exclusive or non-exclusive distribution or sale of products created by the transferred technology;
• Territories where products created by the transferred technology may be sold;
• Other rights related to the transferred technology.
– When a technology is a subject matter having its industrial property rights protected, the transfer of the right to use that technology shall be conducted simultaneously with the assignment of industrial property rights in accordance with the law on intellectual property.
A technology transfer contract shall be entered into in writing or in other equivalent forms, including telegram, telex, fax, data message or other forms as provided for by law. Language used in a technology transfer contract shall be agreed by the contractual parties; a contract in Vietnamese is required for transactions conducted in Vietnam. The Vietnamese and foreign-language versions have the same validity,
Parties to a technology transfer contract may register their contract at a competent state management agency in charge of science and technology in order to enjoy the preferences provided for by this Law and relevant laws.
A dossier of registration of a technology transfer contract comprises:
– An application for registration of the technology transfer contract;
– The original or a copy of the technology transfer contract.
Within fifteen days after receiving a valid dossier, the competent state management agency in charge of science and technology shall consider and decide to grant a technology transfer contract registration certificate.