Circular No. 08/2013/TT-BKHCN dated March 08, 2013 of the Ministry of Science and Technology guiding the operational contents and methods of technological transfer consultancy organizations

THE MINISTRY OF SCIENCE AND TECHNOLOGY

Circular No. 08/2013/TT-BKHCN dated March 08, 2013 of the Ministry of Science and Technology guiding the operational contents and methods of technological transfer consultancy organizations

Pursuant to the Law on technological transfers dated November 29, 2006;

Pursuant to the Decree No. 28/2008/ND-CP dated March 14, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 133/2008/ND-CP, of December 31, 2008, detailing and guiding implementation of a number of articles of the Law on Technological transfers and the Decree No. 103/2011/ND-CP dated November 15, 2011 of the Government amending, supplementing some articles of the Decree No. 133/2008/ND-CP dated December 31, 2008 of the Government detailing and guiding the implementation of a number of articles of the Law on Technology Transfer;

The Minister of Science and Technology guiding the operational contents and methods of technological transfer consultancy organizations,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular guides operational contents and methods or technological transfer consultancy organizations prescribed in clause 2 Article 29 of the Decree No. 133/2008/ND-CP dated December 31, 2008 of the Government detailing and guiding implementation of a number of articles of the Law on technological transfers.

2. This Circular is applicable to consultancy service organizations with the objective of technological transfer consultancy operation, including:

a) Enterprises that is established and operating prescribed in the Law on Enterprises;

b) Scientific and technological organizations that is established and operating in accordance with regulations prescribed in the Law on Science and Technology;

Article 2. Term interpretations

In this Circular, the following terms are construed as follows:

1. The technological transfer service is the activities supporting the course of research, contracting and performing of technological transfer contracts including services of assessment, valuation, and technological appraisal, broking, advising and promoting technological transfer.

2. The technological transfer advisory is the activities supporting parties during researching, selecting technological, negotiating, concluding and performing contracts of technological transfer.

3. The technological transfer advisory organization is the technological transfers service organization which includes performance of advisory on technological transfers meeting regulations of this Circular.

4. The technological transfer advisory expert is the individual with qualification and experience in performing technological transfer advisory activities meeting as prescribed in Article 6 of this Circular.

Article 3. Operation principles of technological transfer advisory activities

1. To comply with the Vietnam laws and International treaties that Vietnam has committed for implementation, and to take responsibilities before law for their all professional activities and advisory results.

2. To abide by professional ethics, ensure independence, honesty, objective and science of technological transfer advisory activities.

3. To keep information secret of organizations, individuals using consultancy services, unless have consensus of organizations, individuals using consultancy services or in case laws otherwise provides.

Chapter 2.

OPERATIONAL CONTENTS AND METHODS OF TECHNOLOGICAL TRANSFER CONSULTANCY ORGANIZATIONS

Article 4. Contents of technological transfer consultancy

1. To search partners of supplying technological and consider, assess capability of technological commercialization.

2. To consider the capability to receive technological of organizations, individuals having demand to be consulted on technological transfers.

3. To search, consider and select technological for transfer in conformity with law regulations and mechanisms, policies prioritizing, pushing up and encouraging activities of technological transfers.

4. To consider suitability of products created by technological on the basis of:

a. To assess capabilities, market elements;

b. Standards and quality of products;

c. The socio-economic effectiveness and sustainable development.

5. To support the making, drafting of projects on investment in technological and equipment, analyze, calculate the production scale, technological price, provision and installment of equipment, workshops, raw materials and relevant expenditures.

6. To deputize the technological transfer parties to prepare dossiers and register contracts of technological transfers.

7. To supervise, assess the course of negotiation, drafting, method, signing and support implementation of technological transfer contracts.

8. Other consultancy contents on technological transfer activities.

Article 5. Operational method of the technological transfer consultancy organizations

1. The technological transfer consultancy activities are performed through contract of technological transfer consultancy services between the technological transfer consultancy organizations and parties having demand of technological transfer consultancy.

2. To supply information at the request of organizations, individuals having demand of technological transfer consultancy.

3. To appoint experts in technological transfer consultancy to perform contents as prescribed in contract of technological transfer consultancy services.

4. To organize activities, events in order to ensure effectiveness of technological transfer.

5. Other operational methods as agreed by two parties.

Article 6. Expert’s standards in technological transfer consultancy

Experts in technological transfer consultancy must meet the following conditions:

1. Graduating college, university or higher and specialized in conformity with the consultancy field or possessing certificate of technological transfer consultancy in case law provided.

2. Having at least 02 experience years in technological transfer consultancy operation.

3. Not falling in situation of being liable to criminal prosecution or applying the administrative handling measures related to technological transfer consultancy operation.

Article 7. Contract’s contents of technological transfer consultancy services

1. Contract of technological transfer consultancy services must be presented in writing with the following principal contents:

a. Name, address of agencies, organizations or individuals having demand on technological transfer consultancy;

b. Name, address of technological transfer consultancy organization;

c. Objective, content, scope and results which need attain of the technological transfer consultancy service;

d. The price of contract and payment method of technological transfer consultancy services;

dd. Duration, implementation schedule of the technological transfer consultancy service;

e. Agreements relating to protection of intellectual property right for the technological transfer consultancy result;

g. Rights and obligations of parties;

h. Duties of partiers when violating contracts;

i. The effectiveness of contract, procedures for the acceptance and liquidation of contract

k. Signatures and seals of representatives of parties.

2. Apart from the above content, contract of technological transfer consultancy service must have content of a service contract as prescribed in the Civil Code and other relevant legal documents.

Chapter 3.

IMPLEMENTATION ORGANIZATION

Article 8. Responsibilities of technological transfer consultancy organizations

1. To perform obligations specified in Article 31 of the Law on technological transfers and formulate the operational content as prescribed in Article 4 of this Circular.

2. Annually, report the operational results of the technological transfer consultancy organization to the provincial Departments of Science and Technology where they place head office, in accordance with guides in the Circular No. 35/2011/TT-BKHCN dated December 16, 2011 of the Ministry of Science and Technology on the regime of basic statistical reporting on technological transfer, including the following basic information:

a. Name, ordinal number of contract of technological transfer consultancy services, signing time;

b. Name of organization or individual requesting for technological transfer consultancy;

c. Name, technological field and product which needs to provide technological transfer consultancy;

3. The technological transfer consultancy organizations with foreign investment capital apart from meeting provisions in this Circular, must abide by provision in Article 13 of the Government s Decree No. 80/2010/ND-CP dated July 14, 2010, on providing for foreign cooperation and investment in Science and Technology.

Article 9. Responsibilities of Ministries, sectors and localities

1. The responsibilities of the Ministry of Science and Technology

a. To assume the prime responsibility for, and coordinate with Ministries, sectors and localities in periodical or irregular inspection on compliance with law regulations of the technological transfer consultancy organizations;

b. To assign the Department of technological application and development in managing, monitoring, making statistics and inspecting activities of the technological transfer consultancy organizations nationwide.

2. The responsibilities of other Ministries, sectors and localities

a. To coordinate with the Ministry of Science and Technology in performing the state management function on technological transfer consultancy operation within scope of Ministries, sectors and localities under their competence;

b. To organize inspection, making statistics on technological transfer consultancy in accordance with guides in the Circular No. 35/2011/TT-BKHCN dated  December 16, 2011 of the Ministry of Science and Technology on the regime of basic statistical reporting on technological transfer.

Article 10. Effectiveness

1. This Circular takes effect 45 days after the signing date.

2. Any arising problems in the course of implementation should be reported timely to the Ministry of Science and Technology for study, amendments and supplementations.

For the Minister of Science and Technology

Deputy Minister

Chu Ngoc Anh