The Ministry of Science and Technology mentioned the amended legislation is designed to steadiness threat management with facilitation for funding, technological growth and nationwide competitiveness enhancement. With 21 revised articles, it’s anticipated to create a extra enabling legal hall for technology transfer and technology market growth within the coming time.
To help enforcement, the ministry has sought suggestions on a draft decree amending the Government’s Decree No. 76/2018/ND-CP, dated May 15, 2018, which particulars and guides the implementation of the 2017 Law on Technology Transfer.
A extra enabling legal hall for technology transfer
The amended Law on Technology Transfer pursues three major goals – additional refining the legal framework to advertise environment friendly, coherent and sensible technology transfer in step with socio-economic growth priorities; conserving tempo with worldwide developments whereas boosting decentralisation and simplifying coverage implementation; and fostering indigenous innovation and technology transfer by strengthening technological linkages between home enterprises, organisations and people and international companions.
The legislation additionally seeks to develop the science and technology market in a extra environment friendly, clear {and professional} method, creating an optimum setting for technology and mental property transactions, thus serving to enhance the economic system’s productiveness, high quality and competitiveness.
A notable new function of the legislation is the expanded definition of technology, which is not confined to equipment and tools but additionally contains data, information, designs, fashions, algorithms and software program, all recognised as full technology belongings.
Regarding threat administration and technology appraisal, the legislation stipulates that appraisal is required solely for tasks utilizing applied sciences topic to transfer restrictions or these posing potential environmental dangers, with a view to stopping dangers from the challenge approval stage.
The legislation additionally locations emphasis on creating middleman establishments within the science and technology market—corresponding to brokerage, consultancy, analysis, technology valuation and provide – demand matching entities—in direction of larger professionalism and transparency.
The institution of science and technology exchanges, together with innovation help mechanisms, is anticipated to handle weaknesses within the middleman system and supply a basis for a easily functioning technology market. Besides, the legislation provides provisions for complete digital transformation in state administration, overlaying monitoring, statistics and the general public disclosure of technology transfer actions.
Improving legal framework for technology transfer
The ministry famous that the implementation of Decree No. 76 has revealed shortcomings that must be addressed. In explicit, laws on technology appraisal in funding tasks stay incomplete, lack alignment with legal guidelines on funding, public funding, public – personal partnerships and environmental safety, and don’t but present for appraisal based mostly on demand of organisations and people.
Incomplete and unclear laws, together with weak incentives, have led to low registration of technology transfer contracts and authorities’ restricted supervision of technology transfer, significantly home actions. Existing incentives stay outdated and ineffective, providing little focused help for companies, particularly SMEs and different small financial entities.
Therefore, revisions are wanted to the detailed laws guiding the implementation of the Law on Technology Transfer in order to handle shortcomings of Decree No. 76/2018 and promptly specify the brand new provisions underneath the amended legislation.
The draft new decree goals to strengthen the legal framework for technology appraisal and transfer, enhance help insurance policies for taking part entities, and improve threat administration to make sure sustainable growth, environmental safety and public well being.
Under the draft, the State will help enterprises working in investment-incentivised sectors or precedence areas after they obtain technology transferred from science and technology organisations. Support shall be offered by way of measures corresponding to interest-rate subsidies for loans used to implement technology transfer actions, funding for science, technology and innovation duties, and direct help for creating innovation programs, start-up ecosystems and a tradition of innovation.
According to the draft, technology transfer is designated as a precedence underneath the State’s monetary mechanisms for science, technology and innovation. Financial help shall be channelled by way of current funds, together with the National Technological Innovation Fund; science, technology and innovation growth funds of ministries, sectors and localities; in addition to different lawful funding sources./. VNA