Circular No. 02/2018/TT-BKHCN dated May 15, 2018 of the Ministry of Science and Technology on prescribing the regime of reporting on performance of contracts on transfer of technologies on the list of technologies restricted from transfer; forms of documents used in grant of technology transfer licenses and registration of extension, modification or supplementation of technology transfer content

CIRCULAR

Prescribing the regime of reporting on performance of contracts on transfer of technologies on the list of technologies restricted from transfer; forms of documents used in grant of technology transfer licenses and registration of extension, modification or supplementation of technology transfer content^[1]

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

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

At the proposal of the Director of the Technology Assessment, Appraisal and Evaluation Department and the Director of the Legal Affairs Department;

The Minister of Science and Technology issues the Circular prescribing the regime of reporting on performance of contracts on transfer of technologies  on the list of technologies restricted from transfer; forms of documents used in grant of technology transfer licenses and registration of extension, modification or supplementation of technology transfer content.

Article 1.Scope of regulation and subjects of application

1. Scope of regulation:

This Circular guides Clause 3, Article 28; Clause 5, Article 29; Clause 7, Article 30; and Clause 4, Article 33 of the Law on Technology Transfer regarding the regime of reporting on performance of contracts on transfer technologies on the list of technologies restricted from transfer; forms of documents used in grant of technology transfer licenses and registration of extension or modification and supplementation of technology transfer content.

Forms of the written registration for technology transfer and technology transfer registration certificate must comply with the Government’s regulations.

2. Subjects of application:

a/ Agencies competent to grant technology transfer licenses or certificates of registration for extension, modification or supplementation of technology transfer content;

b/ Organizations and individuals that apply for grant of technology transfer licenses, make reports on performance of contracts on transfer of technologies on the list of technologies restricted from transfer, or register extension, modification or supplementation of technology transfer content;

c/ Other related organizations and individuals.

Article 2.Regime of reporting on performance of contracts on transfer of technologies on the list of technologies restricted from transfer

1. Annually, an organization or individual specified in Clause 3, Article 28 of the Law on Technology Transfer shall send a report on performance of contracts on transfer of technologies on the list of technologies restricted from transfer (made according to Form No. 05 provided in the Appendix to this Circular) to the Ministry of Science and Technology before December 31 of the reporting year.

2. Reporting data must be collected from December 15 of the preceding year to the end of December 14 of the reporting year.

In case of first-time making a report on performance of a contract on transfer of a technology on the list of technologies restricted from transfer, which has been performed for less than 1 year, the party responsible for making the report specified in Clause 1 of this Article shall send such report in the following year and to-be-reported data must cover the whole period of performance of such technology transfer contract.

3. Reports must be made in writing, including paper and electronic versions:

a/ The paper version must contain the signature of the head of unit and be stamped under regulations (for organizations); or the signature and full name (for individuals);

b/ The electronic version must be made in portable document format (.pdf), using Vietnamese Unicode font under Vietnam Standard TCVN 6909:2001, and having the same contents as the paper version.

4. Mode of sending reports

Organizations and individuals shall send paper reports directly or by post to the Ministry of Science and Technology and concurrently send electronic reports to the email address:[email protected].

Article 3.Forms of documents promulgated to this Circular

1. For grant of technology transfer licenses:

a/ Form of application for approval of technology transfer (Form No. 01);

b/ Form of explanatory note on technology (Form No. 02);

c/ Form of application for grant of technology transfer license (Form No. 03);

d/ Form of technology transfer license (Form No. 04).

2. Form of report on performance of contracts on transfer of technologies on the list of technologies restricted from transfer (Form No. 05).

3. For registration of extension, modification or supplementation of technology transfer content:

a/ Form of request for registration of extension, modification or supplementation of technology transfer content (Form No. 06);

b/ Form of certificate of registration of extension, modification or technology transfer (Form No. 07).

Article 4.Effect and organization of implementation

1. This Circular takes effect on July 1, 2018.

2. The Ministry of Science and Technology assigns the Technology Assessment, Appraisal and Evaluation Department to act as a focal point to implement this Circular.

3. Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and related organizations and individuals shall implement this Circular.

4. Any problems arising in the course of implementation should be promptly reported to the Ministry of Science and Technology for amendment and supplementation as appropriate.-

For the Minister of Science and Technology
Deputy Minister
TRAN VAN TUNG