According to Decree 31/2021/ND-CP guiding the Law on Investment, transferring technology projects on the list of transferring encouraged technologies will be applied investment incentives when obtaining the transferring encouraged technology certificate. In order to implement this regulation, on May 15, 2023, the Prime Minister issued Decision 12/2023/QĐ-TTg (“Decision 12”) on the issuance of transferring encouraged technology certificates. Accordingly, ATA Legal Services would like to summarise the outstanding provisions as follows:
1. The certificated subjects
Decision 12 stipulates the cases in which certificates are issued, including:
- Transferring technology investment projects on the list of transferring encouraged technology under the law on technology transfer;
- Transferring encouraged technology investment projects to Vietnamese enterprises for the application of special investment incentives and supports specified in Article 20 of the Law on Investment.
2. Order and procedures for issuance of certificates
a. Competent authority:
|
Competent authorities |
The certificated subjects |
|
Ministry of Science and Technology |
o Transferring technology in investment projects subject to the competence to approve investment policies of the National Assembly and the Prime Minister; o Transferring technology in investment projects is subject to the application of special investment incentives and support. |
|
Department of Science and Technology |
Transferring encouraged technology in local investment projects does not fall into the above cases. |
b. Profile composition:
In order to be granted the certificate, in addition to the written request for the certificate, the applicants must prepare the following additional documents:
- Transferring technology activities documents: Written transferring technology agreement (with an explanation of transferring encouraged technology content)
- Transferring technology documents:
- Diploma of protection/application for registration of industrial property objects (in case of the protection diploma has not been granted);
- Transferring certificate of ownership/right to use industrial property objects (in case of transferring rights to industrial property objects);
- Report on the implementation of transferring encouraged technology activities.
- The business/investment project documents: Decision on approval for investment guidelines or Investment Registration Certificates or Business Registration Certificates.
c. Issuance of certificate order:
- The issuance of the Certificate is based on the Appraisal Report results of the Science and Technology Advisory Council.
- The Science and Technology Advisory Council has from 07 to 11 members, including 02 members who are deeply knowledgeable in the transferred technology; representatives of state agencies and at least ½ members of the Council are experts and independent scientists in the field of appraisal.
- The meeting to approve the report on appraisal results is conducted at least 2/3 members of the Council attend. In case a member is absent, a written opinion must be obtained from them.
- Estimated time to appraise and issue a certificate: up to 18 working days.
Decision 12 takes effect from July 01, 2023.
Comment: