Quyết định 138/QĐ-TTg năm 2022 sửa đổi Quyết định 1851/QĐ-TTg phê duyệt Đề án “Thúc đẩy chuyển giao, làm chủ và phát triển công nghệ từ nước ngoài vào Việt Nam trong các ngành, lĩnh vực ưu tiên giai đoạn đến năm 2025, định hướng đến năm 2030” do Thủ tướng Chính phủ ban hành

DECISION

AMENDING DECISION NO. 1851/QD-TTG DATED DECEMBER 27, 2018 OF THE PRIME MINISTER OF VIETNAM GIVING APPROVAL FOR “PROMOTION OF TRANSFER, OWNERSHIP AND DEVELOPMENT OF TECHNOLOGIES TRANSFERRED FROM FOREIGN COUNTRIES INTO VIETNAM IN PRIORITY INDUSTRIES AND SECTORS BY 2025 WITH ORIENTATIONS BY 2030” SCHEME

THE PRIME MINISTER OF VIETNAM

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amendments to the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to the Law on Technology Transfer dated June 19, 2017;

Pursuant to the Government’s Resolution No. 58/NQ-CP dated April 27, 2020 promulgating Action Plan for implementation of Resolution No. 50-NQ/TW dated August 20, 2019 of Politburo on orientations to revision of regulations and policies to improve quality and efficiency of foreign investment cooperation by 2030;

At the request of the Minister of Science and Technology of Vietnam;

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Article 1. Amendments to Decision No. 1851/QD-TTg dated December 27, 2018 of the Prime Minister of Vietnam giving approval for “Promotion of transfer, ownership and development of technologies transferred from foreign countries into Vietnam in priority industries and sectors by 2025 with orientations by 2030” Scheme

1. Points d, dd are added to Clause 2 Section I Article 1 as follows:

dd) By 2030: consolidate at least 10.000 documents on foreign technologies into the database; receive transfer of at least 1000 technologies; carry out reverse engineering and own at least 30 technologies; provide online and offline training in search for technologies, reverse engineering, ownership, appraisal and transfer of technologies for at least 10.000 officials, technicians and administrators of enterprises and organizations; establish a network of at least 500 international technology partners; increase the number of FDI projects transferring technologies to domestic enterprises by an average of 15%/year; ensure that at least 70% of producers of key products in priority industries or sectors having invested in research and development infrastructure facilities to serve technology transfer and absorption.”

2. Point c is added to Clause 2 Section II Article 1 as follows:

“c) Attract investments of foreign enterprises and foreign science and technology organizations in establishment of research and development institutions in Vietnam.”

3. Points a, b Clause 3 Section II Article 1 are amended as follows:

“a) Assist in improvement of capacity of managerial officials, engineers, research officials, and technicians of enterprises and science and technology organizations through overseas in-depth training courses or foreign specialists who are invited to work and provide training in Vietnam;

b) Assist in training and improvement of professional ability, knowledge and skills in search for, negotiation, appraisal, valuation, transfer and absorption of technologies by science and technology intermediaries to be capable of meeting demands of enterprises;"

4. Amend Points a, b and add Point dd to Clause 5 Section II Article 1 as follows:

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b) Assist organizations and enterprises in executing projects on transfer, reverse engineering, ownership and development of foreign technologies transferred into Vietnam;”

“dd) Assist organizations and enterprises in searching for and using intellectual property, and providing consultancy on intellectual property rights; following procedures regarding standards, technical regulations, measurement and quality.”.

5. Points c, d are added to Clause 6 Section II Article 1 as follows:

“c) Organize and assist science and technology organizations, enterprises and specialists in participating in international technology conferences, forums and events to connect and promote technology transfer;

d) Promote mobilization of funding from foreign partners (ODA grants or loans, concessional loans, etc.) to execute programs and projects on search for and transfer of foreign technologies.”

6. Section III Article 1 is amended as follows:

 “III. FUNDING

1. Funding for performing tasks of the Scheme includes:

a) Funding derived from state budget for science and technology tasks allocated to the Ministry of Science and Technology of Vietnam, and other ministries, regulatory authorities and provincial governments;

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c) Development assistance funding sources (including ODA loans, concessional loans and ODA grants);

d) Other lawful financial sources of domestic and foreign investment funds, organizations and individuals.

2. Contents and limits on state budget-derived funding for performing the tasks of the Scheme shall comply with in accordance with regulations of the Law on State Budget, applicable regulations on national science and technology programs, guidelines for preparation and allocation of cost estimates, and making final statement of costs of performing state budget-funded science and technology tasks, and other relevant law regulations.”

7. Amend Points c, dd and add Point e to Clause 1 Article 2 as follows:

“c) Make plans and estimates of state budget-derived funding for science and technology tasks of searching for information about technologies, technological know-how, and receiving transfer of, owning and developing technologies transferred from foreign countries into Vietnam;”

“dd) Play the leading role and cooperate with relevant ministries, regulatory authorities and provincial governments in updating and using general data on domestic technology demand and foreign supply of technology/technology specialist, international technology partners, support services for searching, transferring, owning and developing foreign technologies, and integrating such data into the National science and technology database;”

“e) Formulate, promulgate and implement the “Program on search for and transfer of foreign technologies by 2030" and provide instructions for implementing the Program.”.

8. Amend Point a and add Point c to Clause 3 Article 2 as follows:

“a) Balance and allocate funding for non-profit activities and other funding sources to ministries, regulatory authorities and provincial governments to implement tasks of the Scheme;"

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9. Point b Clause 5 Article 2 is amended as follows:

“b) Play the leading role and cooperate with the Ministry of Science and Technology of Vietnam in reviewing and providing information on demand for technologies, technology specialists, technology partners, support services for searching, transferring, owning and developing foreign technologies of industries, sectors and provincial governments;”

10. Amend Points a, b and add Point dd to Clause 7 Article 2 as follows:

“a) Proactively formulate mechanisms and policies for encouraging cooperation and assisting enterprises in searching, transferring, owning and developing technologies transferred from foreign countries into Vietnam;

b) Formulate and implement, with the cooperation of the Ministry of Science and Technology of Vietnam, programs and plans for ensuring the achievement of the general objectives of the Scheme;”

“dd) Proactively allocate funding for, and organize the performance of tasks and solutions of the Scheme with attaching special importance to the following contents to ensure the achievement of the Scheme’s objectives: Determine demand for technologies; assist technology transfer operations through introduction, connection and provision of consultancy; attract investments, associated with training, transfer of technology and participation in value chains, of FDI enterprises in domestic enterprises; provide training for improving quality of human resources; assist enterprises in executing technology transfer projects and owning technologies; disseminate information on technologies; consolidate results of applying, absorbing and owning technologies and Scheme implementation results.".

Article 2. Effect

This Decision comes into force from the day on which it is signed.

Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of provincial People’s Committees, and relevant organizations and individuals shall be responsible for implementation of this Decision./.

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PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam