CIRCULAR

REPORTING ON THE IMPLEMENTATION OF THE AGREEMENT ON TRANSFER OF TECHNOLOGIES RESTRICTED FROM TRANSFERRING; REQUIRED DOCUMENTS INCLUDED IN THE APPLICATION FOR ISSUANCE, EXTENSION AND AMENDMENT TO TECHNOLOGY TRANSFER LICENSE

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

Pursuant to the Government’s Decree No. 95/2017/ND-CP dated August 16, 2017 on defining functions, tasks, power and organizational structure of the Ministry of Science and Technology;

At the request of the Director General of the Department of Technology Assessment and Appraisal and the Director General of the Department of Legal Affairs;

The Minister of Science and Technology hereby promulgates the Circular on reporting regime for implementation of the agreement on transfer of technologies restricted from transferring; required documents included in the application for issuance, extension and amendment to technology transfer license.

Article 1. Scope and regulated entities

1. Scope:

This Circular provides guidelines for clause 3, Article 28, clause 5, Article 29, clause 7, Article 30, and clause 4, Article 33 of the Law on Technology Transfer and the reporting regime for implementation of the agreement on transfer of technologies restricted from transferring and required documents included in the application for issuance, extension and amendment to the technology transfer license.

Technology transfer registration form and Technology Transfer Registration Certificate shall comply with the regulations of the Government.

2. Regulated entities:

a. Competent agency issuing Technology Transfer License and Certificate of Registration for Extension or Amendment to Technology Transfer License;

b. Organizations and individuals registering for Technology Transfer License, or reporting about the implementation of the agreement on transfer of technologies restricted from transferring, or requesting for the extension and amendment to Technology Transfer License.

c. Other related organizations and individuals.

Article 2. Reporting on the implementation of the agreement on transfer of technologies restricted from transferring

1. Annually, the organizations and individuals mentioned in clause 3, Article 28 of the Law on Technology Transfer shall make a report about the implementation of the agreement on transfer of technologies restricted from transferring (using form No. 05 in Appendix hereto) and send it to the Ministry of Science and Technology before December 31 of the reporting year.

2. The reporting data shall be collected from December 15 of the previous year until December 14 of the reporting year.

If the report is made for the first time and the implementation period of the agreement has not been 01 year, the reporting party mentioned in clause 1 of this Article shall send the report in the following year and the data must show the previous implementation period of the agreement.

3. The report form must be written and include both written and electronic reports:

a. The written report must have the signature of the Head of the unit and bear a stamp (for organizations) or full name and signature (for individuals);

b. The electronic report must use Portable Document Format (.pdf) and Vietnamese font of Unicode as regulated in Vietnam Standards TCVN 6909:2001, and the contents must follow the written report.

4. Reporting method:

Organizations and individuals shall send the written report to the Ministry of Science and Technology in person or by post, at the same time, they shall send the electronic report to the email: [email protected].

Article 3. Other document forms enclosed with the Circular

1. For the issuance of Technology Transfer License:

a. An application form for technology transfer approval (form No. 01);

b. Technology explanatory document (form No. 02);

c. An application form for issuance of Technology Transfer License (form No. 03);

d. Technology Transfer License (form No. 04).

2. Report about the implementation of the agreement on transfer of technologies restricted from transferring (form No. 05).

3. For extension and amendment to technology transfer license:

a. An application form for extension or amendment to technology transfer license (form No.06);

b. Certificate of registration for extension or amendment to Technology Transfer License (form No. 07).

Article 4. Entry into force and implementation

1. This Circular shall come into force from July 01, 2018.

2. Ministry of Science and Technology shall assign the Department of Technology Assessment and Appraisal to become the center for implementing this Circular.

3. Ministries, ministerial agencies, governmental agencies, People’s Committees of provinces and central-affiliated cities and related organizations and individuals shall implement this Circular.

4. If any problems arise during the implementation of this Circular, agencies, organizations and individuals shall timely provide feedbacks to the Ministry of Science and Technology for amendments./.

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