Law No. 80/2006/QH11 dated December 12, 2006 of the National Assembly on Technology Transfer
Article 1. Governing scope
This Law regulates technology transfer activities in Vietnam, from Vietnam to overseas, and from overseas to Vietnam; the rights and obligations of entities1 participating in technology transfer activities; the authority of State administrative bodies; and measures for encouragement and promotion of technology transfer activities.
Article 2. Applicable entities
This Law shall apply to Vietnamese entities, Vietnamese residing overseas, and foreign entities participating in technology transfer activities.
Article 3. Interpretation of terms
In this Law, the following terms shall be construed as follows:
1. Technical know-how means information accumulated and discovered during the process of research, production and business by the technology owner, which information is decisive for the quality and competitive capacity of the technology and technological products.
2. Technology means solutions, processes and technical know-how, whether attached or unattached to tools and facilities, used to convert resources into products.
3. High technology means technology with a high content of scientific research and technological development; which creates products and services with high quality and high added value; and which is capable of forming a new manufacturing or services industry or of modernizing an existing manufacturing or services industry.
4. New technology means technology created for the first time in Vietnam.
5. Progressive technology means technology of the first rank and of a higher technological standard than the standard of current technology of the same type.
6. Establishment fostering technology [and/or] establishment fostering technological enterprises means a place with favourable conditions in terms of infrastructure and supply of necessary services and assistance in order to foster technology [and/or] technological enterprises.
7. Technology markets, technology fairs and exhibitions, and technology transaction centres means places for the display and introduction of technology, for the purchase and sale of technology, for the promotion of technology transfer and for the provision of other technology transfer services.
8. Technology transfer means transfer to a transferee of the ownership right or the right to use either a part or the whole of a technology by the party with the right to transfer such technology.
9. Technology transfer in Vietnam means transfer of a technology between entities operating within the territory of Vietnam.
10. Technology transfer from overseas into Vietnam means an entity operating overseas transfers a technology to an entity operating within the territory of Vietnam.
11. Technology transfer from Vietnam to overseas means an entity operating within the territory of Vietnam transfers a technology to an entity operating overseas.
12. Technology transfer services means support activities during the process of seeking, entering into and performing technology transfer contracts.
13. Appraisal of technology means the activity of determining the standard, the value and the economic effectiveness of a technology and its socio-economic and environmental impact.
14. Valuation of technology means the activity of determining the price of a technology
15. Assessment of technology means the activity of inspecting and rating the specifications of transferred technology as compared to the specifications of such technology as stipulated in the technology transfer contract.
16. Technology transfer activities comprise both technology transfer and technology transfer services.
17. Technology transfer brokerage means the activity of assisting parties with technology and parties who need technology to other parties with whom to sign technology transfer contracts.
18. Technology transfer consultancy means the activity of assisting parties to select technologies and to negotiate, sign and perform technology transfer contracts.
19. Fostering technology means the activity of assisting the creation and perfection of technology which has the potential for practical application and commercialization from technological ideas or from results of scientific research and technological development.
20. Fostering technological enterprises means the activity of assisting entities to perfect technology, to raise investment capital, to organize production and business, to conduct marketing, to conduct legal procedures and providing other essential services in order to set up enterprises using newly created technology.
21. Promotion of technology transfer means the activity of promoting, creating and seeking opportunities for the transfer of technology; providing services of advertising, exhibiting and introducing technology; and organizing technology markets, technology fairs and exhibitions and technology services centres.
Article 4 Applicable law
1. Technology transfer activities must comply with the provisions of this Law and other relevant laws; in the case of specialized technology transfer activities as stipulated in another law, the provisions of such other law shall apply.
2. Where an international treaty of which the Socialist Republic of Vietnam is a member contains provisions different from those in this Law, then the provisions of such international treaty shall apply.
3. In the case of technology transfer activities with foreign elements, the parties may agree in the contract on the application of foreign law or international commercial practice, on condition that such foreign law or international commercial practice is not contrary to the fundamental principles of the law of Vietnam.
Article 5. State policy on technology
Law No. 34/2009/QH12 dated June 29, 2009 of the National Assembly Amending and Supplementing Article 126 of the Housing Law and Article 121 of the Land Law
Law No. 42/2005/QH11 dated June 24, 2005 of the National Assembly amending and supplementing a number of articles of the Customs Law
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