In the context of accelerated digital transformation and worldwide integration for sustainable improvement, the revised Law on Technology Transfer is anticipated to create a recent momentum for enterprises to enhance their technological capabilities and competitiveness, thereby contributing to the event of a contemporary, clear and environment friendly know-how market.
Effective as of April 1 this yr, the 2025 Law Revising the Law on Technology Transfer (the Law) marks a major step in finishing the authorized framework for the switch, utility and commercialisation of applied sciences.
Compared with its 2017 predecessor, the Law amends 20 articles, provides one whereas annulling 9 articles and three clauses. It focuses on increasing the scope of transferable applied sciences, bettering home technological capability by way of know-how switch, and creating a science and know-how market that operates in a extra skilled and clear method. The Law additionally introduces new insurance policies on offering increased monetary, institutional and authorized incentives for know-how switch, tightening of oversight of cross-border transfers in order to safeguard technological safety, and strengthening of the state administration of know-how switch.
Raising home technological capability by way of know-how switch
One of probably the most notable provisions of the Law is the enlargement of the scope of transferable applied sciences. Accordingly, applied sciences eligible for switch are now not merely equipment and tools, however now embody knowledge, designs, fashions and algorithms. This strategy displays present improvement tendencies, wherein financial worth is more and more pushed by intangible property, digital options and modern fashions.
Forms of know-how switch are additionally specified, specifically switch of technological paperwork, high quality administration processes, and related technical requirements and specs, thereby offering a extra complete authorized foundation for know-how transactions in observe.
The Law additional dietary supplements the teams of applied sciences prioritised for switch, together with excessive applied sciences, strategic applied sciences, superior applied sciences, new applied sciences, clear and inexperienced applied sciences, in addition to applied sciences serving nationally vital initiatives, key initiatives, or nationwide defence and safety duties.
Advanced, new, clear and inexperienced applied sciences which might be appropriate to the nation’s socio-economic circumstances and able to producing new services or products are inspired to be transferred from overseas into Vietnam. The import, adaptation and mastery of excessive, strategic, superior, clear and inexperienced applied sciences should serve the aims set out in nationwide, sectoral, regional and native socio-economic improvement methods, grasp plans and improvement plans.
The Law additionally lays robust emphasis on the requirement to grasp and additional enhance transferred applied sciences. Technology transferees are entitled to develop and use transferred applied sciences in accordance with the mental property legislation and related laws. This is anticipated to extend the effectiveness of know-how switch whereas addressing the rising concern of buying applied sciences with out constructing and strengthening inner capabilities.
Incentives for know-how switch
The Law permits organisations and people that lawfully personal applied sciences to contribute them as capital to funding initiatives or enterprises, and will commercialise such applied sciences in accordance with the legal guidelines on science, know-how and innovation, mental property, administration and use of public property, and enterprises.
For funding initiatives that contain using state capital, applied sciences used as capital contributions should be topic to cost valuation beneath the legislation on worth and the lawful possession or use rights over such applied sciences should be verified earlier than the capital contribution is made.
Technology switch from Vietnam to overseas can also be promoted. Those engaged in such exercise will obtain a help to cowl commerce promotion bills.
Meanwhile, the State attaches significance to transferring superior, excessive and strategic applied sciences from foreign-invested enterprises to home ones. The State will give precedence to the applying of funding, taxation, land and credit score incentives, and many others., for foreign-invested initiatives which have plans on know-how switch, workforce coaching, and enchancment of capability for know-how analysis, improvement, manufacturing and utility in Vietnam.
The State can even prioritise the procurement of possession or use rights over applied sciences for nationwide defence and safety, training, healthcare, environmental safety, and catastrophe and epidemic prevention functions. The procurement should adjust to the laws on mental property rights, and make sure the clear and environment friendly use of state finances funds.
The State will facilitate know-how popularization by way of such mechanisms as free-of-charge provision, provision of incentives or conditional licensing, whereas selling the cooperation for know-how improvement with a view to construct capabilities for Vietnamese organisations and enterprises.
Technological innovation help can be additional supplied by way of the National Technology Innovation Fund and different central and native science, know-how and innovation improvement funds.
Enhancing the state administration effectiveness
The Law provides provisions on know-how appraisal procedures relevant to funding initiatives, notably these involving using applied sciences topic to switch restrictions or these prone to exert adversarial environmental impacts. Responsibility for appraising and licensing know-how switch is now assigned to provincial-level People’s Committees somewhat than line ministries, thereby lowering formalities for undertaking commissioning.
Inspection, supervision and analysis of know-how switch actions funded by the state finances can even be strengthened. The Law promotes the disclosure of know-how switch info on the nationwide digital platform for science, Technology and innovation administration.
The State will develop a community of know-how consultancy, appraisal and evaluation organisations, innovation centres, start-up help centres, and science and know-how exchanges. These entities are anticipated to play an vital function in linking provide and demand, and serving to companies, notably small- and medium-sized enterprises, cooperatives and enterprise households, entry and successfully apply know-how.
– (VLLF)