|
Client Resources Related materials
|
Doing Business In Viet Nam Technology Transfer 8.1 Legislation The Civil Code passed by the National Assembly on 14 June 2005 is now the principal legal basis for technology transfer activities in Vietnam. Guiding the Civil Code, on the technology transfer, are now Decree No.11/2005/ND-CP of 2 February 2005, of the Government, and its implementing Circular No.30/2005/TT-BKHCN issued by the Ministry of Science and Technology, on 30 December 2005. 8.2 Scope of Technology Transfer The scope of technology transfer is quite broad, which includes: (i) Industrial property rights including inventions, solutions, industrial designs and trade marks which are protected in Vietnam and can be transferred; (ii) Technological know-how and knowledge in the form of technological and technical solutions, processes, documents, technical designs, formulas, technical parameters, drawings, technical diagrams, computer software, database on the transferred technology, accompanied or unaccompanied with machinery and equipment; (iii) Solutions for production rationalization and technology renovation; (iv) Various services in support of the technology transfers to create products and/or services of the quality determined in the contracts; and (v) Machinery, equipment and technical facilities accompanied one or several contents mentioned above; and (vi) Franchising. 8.3 Contents of the Contract A technology transfer contract has to include the principal features of the technology, the right to the technology, the power and responsibility effecting the technology transfer. The contact has to include also details of the timing and place of technology transfer, warranty terms, the price, and the term and method of payment. A contract can have duration of no more than 7 years (or up to 10 years maximally, provided that a special permission is received). To be uniform, a suggested form of the contract which contains all the required information has been published by MOST in Circular No.30. It is required that a technology transfer contract must be in writing, in Vietnamese language together also with a widely-use foreign language, for instance, English. Compared with the old regulations, the new regulations on technology transfer are more open and respect the business intention of the parties, by removing a number of contractual restrictions and prohibitions in a technology transfer contract, relating the price, the supplies, etc. 8.4 Registration and Timing Compared to the old regulations, the existing regulations simply request the registration of technology transfer contract only instead of both approval and registration as in the past. According to Decree No.11, the competent levels of certifying the registration of technology transfer contracts, are: (i) At the central level, the MOST shall certify all the contracts of transferring technology from abroad to Vietnam worth over VND1 billion (about US$65,000) and all transferring from Vietnam to abroad, regardless the value; and (ii) At the local level, the DOST shall certify all the remaining contracts, including the contracts of transferring technology from abroad to Vietnam worth less than VND 1 billion, and all local contracts. It is required that the technology transfer contracts must be registered within 90 days from the signing date. And as a routine, and subject to the satisfaction of the registration file, the contract registration certificate shall be issued within 15 days from the receipt of the satisfactory file. A file for registration of technology transfer contract must include the following: (i) Registration letter; (ii) Technology transfer contract; (iii) Summary of the transferred technology; and (iv) Information about: legal and financial status, representatives of the parties to the contract, papers certifying the right to transferred technology, etc. 8.5 Taxation Taxes applicable to transferors are well described in the Section 16 hereunder. Vision & Associates
Other:
|
Latest news
|
© 1999 – 2010 Vision & Associates. All Rights Reserved.