Decree 101/2026/ND-CP detailing the Law on Technology Transfer

DECREE

Detailing a number of articles, and providing measures to guide the implementation, of the Law on Technology Transfer¹

Pursuant to Law No. 63/2025/QH15 on Organisation of the Government;

Pursuant to Law No. 93/2025/QH15 on Science, Technology and Innovation;

Pursuant to Law No. 07/2017/QH14 on Technology Transfer, which is amended and supplemented by Law No. 115/2025/QH15;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree detailing a number of articles, and providing measures to guide the implementation, of the Law on Technology Transfer.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree details a number of articles of Law No. 07/2017/QH14 on Technology Transfer, which is amended and supplemented by Law No. 16/2023/QH15 on Price, Law No. 93/2025/QH15 on Science, Technology and Innovation, and Law No. 115/2025/QH15 Amending and Supplementing a Number of Articles of Law on Technology Transfer, concerning:

a/ Technologies promoted for transfer, technologies restricted from transfer, and technologies banned from transfer as specified in Clause 4, Article 9 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 7, Article 1 of Law No. 115/2025/QH15; and Clause 3, Article 10, and Clause 3, Article 11, of Law No. 07/2017/QH14;

b/ Commentaries on technology in investment project dossiers; competence, dossiers, procedures, contents, and funding for appraisal of, or giving of opinions on, technologies of investment projects as specified in Clause 5, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15;

c/ Examination and supervision of technologies in investment projects and technology transfer as specified in Clause 4, Article 21 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 11, Article 1 of Law No. 115/2025/QH15;

d/ Appraisal and transfer of technologies in specific cases as provided in Article 21a of Law No. 07/2017/QH14, which is supplemented under Point a, Clause 2, Article 71 of Law No. 93/2025/QH15;

dd/ Payment prices and modes in technology transfer as specified in Clause 4, Article 27 of Law No. 07/2017/QH14;

e/ Registration of technology transfer and provision of technology transfer information as specified in Clause 7, Article 31 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 14, Article 1 of Law No. 115/2025/QH15;

g/ Refund of support and incentive amounts as specified in Clause 3, Article 32 of Law No. 07/2017/QH14;

h/ Support and incentives for organisations and individuals to apply and innovate technologies as specified in Clause 6, Article 35 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 15, Article 1 of Law No. 115/2025/QH15;

i/ The State’s purchase and dissemination of technologies as specified in Clause 4, Article 35a of Law No. 07/2017/QH14, which is supplemented under Clause 16, Article 1 of Law No. 115/2025/QH15;

k/ Development of supply and demand sources of the science and technology market as specified in Clause 7, Article 42 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 17, Article 1 of Law No. 115/2025/QH15;

l/ Development of intermediary organisations of the science and technology market as specified in Clause 4, Article 43 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 18, Article 1 of Law No. 115/2025/QH15;

m/ Launch, demonstration and introduction of technologies as specified in Clause 5, Article 44 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 19, Article 1 of Law No. 115/2025/QH15;

n/ Competence, order, procedures and conditions for issuance of certificates of eligibility to provide technology assessment and inspection services; and specific conditions on human resources and physical-technical facilities for organisations carrying out technology valuation activities as specified in Clause 3, Article 48 of Law No. 07/2017/QH14.

2. Measures to implement Article 20 of Law No. 07/2017/QH14 on Technology Transfer, which is amended and supplemented under Clause 10, Article 1 of Law No. 115/2025/QH15, on appraisal of or consultation on technologies of investment projects.

Article 2. Subjects of application

This Decree applies to agencies, organisations and individuals involved in technology appraisal activities; technology transfer activities; measures to promote technology transfer, application and innovation, and to develop the science and technology market; and the examination and supervision of technologies of investment projects and technology transfer activities.

Chapter II

TECHNOLOGY APPRAISAL

Section 1

TECHNOLOGY APPRAISAL OF INVESTMENT PROJECTS

Article 3. Competence to appraise, or provide opinions on, technologies in investment projects

1. For investment projects as specified by the Law on Investment that have no construction components and use technologies restricted from transfer or likely to exert adverse environmental impacts as specified by the law on environmental protection and use the technologies specified in Points a and b, Clause 2, Article 13 of Law No. 07/2017/QH14 on Technology Transfer, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15, technology appraisal shall only be carried out in the stage of investment policy approval. For projects not subject to investment policy approval, opinions on technologies are required in the stage of issuance of investment registration certificates.

2. In the stage of investment policy approval, the competence to appraise technologies for investment projects as specified by the Law on Investment that have no construction components and use technologies restricted from transfer as specified in Point a, Clause 2, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15, is as follows:

a/ The State Appraisal Council may appraise technologies for investment projects subject to investment policy approval by the National Assembly;

b/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related agencies and organisations in, providing appraisal opinions on technologies for investment projects subject to investment policy approval by the Prime Minister;

c/ Provincial-level People’s Committees shall provide appraisal opinions on technologies for projects other than those specified in Points a and b of this Clause.

3. In the stage of investment policy approval, the competence to appraise technologies for investment projects as specified by the Law on Investment that have no construction components, are likely to exert adverse environmental impacts as specified by the law on environmental protection, and use the technologies specified in Point b, Clause 2, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15, is as follows:

a/ The State Appraisal Council shall appraise technologies for investment projects subject to investment policy approval by the National Assembly;

b/ The line ministries shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology and related agencies and organisations in, providing appraisal opinions on technologies for investment projects subject to investment policy approval by the Prime Minister;

c/ Provincial-level People’s Committees shall provide appraisal opinions on technologies for projects other than those specified in Points a and b of this Clause.

4. In the stage of issuance of investment registration certificates, the competence to provide opinions on technologies for investment projects specified by the Law on Investment that are not subject to investment policy approval and have no construction components is as follows:

a/ Provincial-level People’s Committees shall assign specialised agencies in charge of science and technology to assume the prime responsibility for, coordinate with related agencies and organisations in, giving opinions on technologies for projects using technologies restricted from transfer as specified in Point a, Clause 2, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15;

b/ Provincial-level People’s Committees shall assign their specialised agencies in charge of specific sectors or fields to assume the prime responsibility for, coordinate with related agencies and organisations in, giving opinions on technologies for projects that are likely to exert adverse environmental impacts as specified by the law on environmental protection and use the technologies specified in Point b, Clause 2, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15.

5. For investment projects that have construction components and use technologies restricted from transfer or are likely to exert adverse environmental impacts as specified by the law on environmental protection and use the technologies specified in Point a, Clause 3, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15, the appraisal of, or giving of opinions on, technologies shall be carried out in the stage of making investment decision. The competence to appraise, or provide opinions on, technologies is as follows:

a/ For public investment projects, projects using recurrent expenditures from the state budget or other state budget capital sources not regulated by the law on public investment: Ministries and central agencies as defined by the law on public investment shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, appraising technologies for projects subject to investment decision by their respective ministers or heads; provincial-level People’s Committees shall direct their specialised agencies to assume the prime responsibility for, and coordinate with related agencies and organisations in, appraising technologies for the remaining projects;

b/ For business investment projects regulated by the law on investment and other construction investment projects other than those specified in Point a of this Clause: The line ministries shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, giving opinions on technologies for projects subject to investment policy approval by the National Assembly or the Prime Minister; provincial-level People’s Committees shall direct their specialised agencies to assume the prime responsibility for, and coordinate with related agencies and organisations in, giving opinions on technologies for the remaining projects.

Article 4. Commentaries on technology use in investment project dossiers

1. Investment projects using technologies on the List of technologies restricted from transfer or investment projects likely to exert adverse environmental impacts as specified by the law on environmental protection and using technologies must provide commentaries on technology use as specified in Clauses 2 and 3 of this Article. Commentaries on technology use shall be included in investment project dossiers and but not in separate dossier components.

2. In the stage of investment policy approval or upon the consideration of the issuance of an investment registration certificate, commentaries on technology use must include:

a/ Analysis and selection of the project’s technology options; name, origin and diagram of the technological process; tentative list, status and technical specifications of main machinery and equipment in the technological line under the selected technology option; and documents proving that the technology has been verified (if any);

b/ Identification of technologies on the List of technologies restricted from transfer or technologies used in the project that are likely to exert adverse environmental impacts as specified by the law on environmental protection;

c/ Reasons for selecting a technology restricted from transfer or a technology used in the project likely to exert adverse environmental impacts, including the following information: the necessity and compulsion of the application of such technology to meet project implementation requirements; the scope and stages of technology application; and a comparison of such technology with other technologies of identical utilities currently applied in practice (if any);

d/ Basic information on a technology restricted from transfer or a technology used in the project likely to exert adverse environmental impacts, including: technology name and origin, diagram of the technological process, and the scope of and conditions for application of the technology in the project;

dd/ Commentaries on risks arising from the use of a technology restricted from transfer or a technology used in the project likely to exert adverse environmental impacts under specific conditions of the project, including risks to the environment, safety and human health, and likelihood of occurrence of technical breakdowns, generation of wastes and emissions, or other negative impacts;

e/ Commentaries on measures to prevent, control and mitigate risks and adverse impacts of technologies when used in the project in order to ensure that the project meets requirements on environmental protection, safety, human health, risk of technical breakdowns, generation of wastes, emissions, and other law-specified requirements, and a commitment to fully implement such measures in the project implementation;

g/ Projected human resource requirements and operating conditions to ensure risk control in the course of use of a technology restricted from transfer or a technology used in the project likely to exert adverse environmental impacts;

h/ Other commentaries required by specialised agencies in charge of technology and the environment, and opinions of the Advisory Council as specified in Point c, Clause 2, Article 5 of this Decree or independent experts when necessary (if any).

3. In the stage of making investment decision, commentaries on technology use in an investment project dossier include:

a/ Analysis and selection of the project’s technology options; name, origin and diagram of the technological process; list, status and technical specifications of main machinery and equipment in the technological line; capabilities to supply sufficient raw materials, fuels and materials for the technological line; products expected to be turned out from the technology, applied standards, and product quality requirements; investment expenses for technologies, machinery, equipment, training and technical assistance associated with the selected technology option; and documents proving that the technology has been verified (if any);

b/ Identification of technologies on the List of technologies restricted from transfer or technologies used in the project that are likely to exert adverse environmental impacts as specified by the law on environmental protection;

c/ Reasons for selecting a technology restricted from transfer or a technology likely to exert adverse environmental impacts, including the following information: the necessity and compulsion of the application of such technology to meet project implementation requirements; scope and stages of technology application; and comparison of such technology with other technologies of identical utilities currently applied in practice (if any);

d/ Basic information on a technology restricted from transfer or a technology used in the project likely to exert adverse environmental impacts, including: technology name and origin, diagram of the technological process, and scope of and conditions for application of the technology in the project;

dd/ Commentaries on risks arising from the use of a technology restricted from transfer or a technology likely to exert adverse environmental impacts under specific conditions of the project, including risks to the environment, safety and human health, and likelihood of occurrence of technical breakdowns, generation of wastes and emissions, or other negative impacts; and assessment of the likelihood and severity of such risks in the course of project implementation;

e/ Commentaries on measures to prevent, control and mitigate risks and adverse impacts of technologies when used in the project in order to ensure that the project meets requirements on environmental protection, safety, human health, risk of technical breakdowns, generation of wastes, emissions, and other law-specified requirements, and a commitment to fully implement such measures in the project implementation;

g/ Projected human resource requirements and operating conditions to ensure risk control in the course of technology use, including a programme on human resource training, knowledge transfer and technical assistance for operation of the technological line;

h/ Other explanations required by specialised agencies in charge of technology and the environment, and opinions of the Advisory Council as specified in Point c, Clause 2, Article 5 of this Decree or independent experts when necessary (if any).

4. Investors shall take responsibility before law for the adequacy, truthfulness and accuracy of information and documents as commentaries on technology use in their investment project dossiers. Any investor that provides inadequate or inaccurate information, or fails to properly implement the commentaries and commitments shall be handled in accordance with relevant laws.

5. For an investment project eligible for special investment procedures under the law on investment, the investment project proposal must include commentaries on technology use as specified in Clause 2 of this Article and the investor’s commitment.

6. The agency in charge of receiving and settling investment procedures shall review and identify projects using technologies on the List of technologies restricted from transfer or those likely to exert adverse environmental impacts to meet technology management requirements in projects; and shall be held responsible before law for failure to review or identify such projects, causing consequences in the course of project implementation.

Ministries, ministerial-level agencies and provincial-level People’s Committees shall direct and examine the state management agencies in charge of investment under their management in the performance of the responsibilities specified in this Clause.

7. The Minister of Science and Technology shall provide forms of documents on commentaries on technology use in investment project dossiers.

Article 5. Order and procedures for appraising or giving opinions on technologies of investment projects in the stage of investment policy approval or the stage of issuance of investment registration certificates for projects not subject to investment policy approval as specified in Clause 2, Article 13 of the Law on Technology Transfer

1. For projects subject to investment policy approval by the National Assembly, technology appraisal shall be carried out in the course of investment project appraisal by the State Appraisal Council under the Government’s regulations on the order and procedures for appraising national important projects.

2. Order and procedures for giving appraisal opinions on a technology in the stage of investment policy approval for a project not specified in Clause 1 of this Article, or giving opinions on a technology in the stage of issuance of an investment registration certificate for a project not subject to investment policy approval:

a/ Within 3 working days, for projects subject to investment policy approval by the Prime Minister, or 2 working days, for projects subject to investment policy approval by provincial-level People’s Committees or Management Boards of industrial parks, export processing zones, hi-tech parks or economic zones, and for cases of issuance of investment registration certificates for projects not subject to investment policy approval, after receiving a valid investment project dossier as specified by the law on investment, the agency in charge of receiving and settling investment procedures shall send the investment project dossier to the agency in charge of appraising, or giving opinions on, technologies according to the competence specified in Clause 2, 3, 4 or 5, Article 3 of this Decree (below referred to as the agency in charge of technology appraisal). A dossier of request for investment policy approval or for issuance of an investment registration certificate must contain the commentaries on technologies as specified in Clause 2, Article 4 of this Decree;

b/ Within 1 working day after receiving a dossier from the agency in charge of receiving and settling investment procedures, the agency in charge of technology appraisal shall send a written request to the related state management agencies (below referred to as the coordinating agencies) to collect the latter’s opinions.

Within 8 working days, for investment projects subject to investment policy approval by the Prime Minister, or 5 working days, for investment projects subject to investment policy approval by provincial-level People’s Committees, after receiving the request from the agency in charge of technology appraisal, the coordinating agencies shall send their opinions to the agency in charge of technology appraisal;

c/ In case of necessity, the agency in charge of technology appraisal shall decide to establish a Technology Evaluation, Appraisal and Assessment Council (below referred to as the Advisory Council) or consult independent consultancy organisations or independent consultants as specified in Article 20 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 10, Article 1 of Law No. 115/2025/QH15, and Articles 9 and 10 of this Decree.

The time limit for establishing, and holding a meeting of, the Advisory Council to consider and give advisory opinions on a technology for an investment project subject to investment policy approval by the Prime Minister is 9 working days; or 6 working days, for investment projects subject to investment policy approval by provincial-level People’s Committees;

Within 4 working days after receiving a dossier from the agency in charge of technology appraisal, an independent consultancy organisation or independent consultant shall send its/his/her opinions on the technology to the agency in charge of technology appraisal;

d/ Within 1 working day after receiving opinions from the coordinating agencies, the Advisory Council, independent consultancy organisation or independent consultant, the agency in charge of technology appraisal shall sent its written opinions to the agency in charge of receiving and settling investment procedures. Contents of opinions on a technology must comply with Clause 1, Article 7 of this Decree.

3. The time limit for the agency in charge of technology appraisal to appraise, or give opinions on, a technology must not exceed the time limit for obtaining appraisal opinions of related ministries and agencies as specified by the law on investment.

4. The Minister of Science and Technology shall provide forms for performing procedures for appraising, or giving opinions on, technologies under Clauses 1 and 2 of this Article.

Article 6. Order and procedures for appraising, or giving opinions on, technologies in the stage of making investment decision for the construction investment projects specified in Point a, Clause 3, Article 13 of the Law on Technology Transfer

1. The appraisal of contents of technologies for national important projects using public investment capital shall be carried out in the course of investment project appraisal by the State Appraisal Council in accordance with the Government’s regulations on the order and procedures for appraising national important projects.

2. For projects not specified in Clause 1 of this Article:

a/ The agency assuming the prime responsibility for appraisal of a construction investment project shall send a written request for technology appraisal opinion, enclosed with a feasibility study report or an techno-economic report and relevant legal documents, to the agency in charge of technology appraisal. The feasibility study report or techno-economic report must contain commentaries on technology as specified in Clause 3, Article 4 of this Decree;

b/ Within 2 working days after receiving the dossier, the agency in charge of technology appraisal shall send a written request to the coordinating agencies for opinion;

Within 5 working days after receiving the written request from the agency in charge of technology appraisal, the coordinating agencies shall send their opinions to the former;

c/ In case of necessity, the agency in charge of technology appraisal shall decide to establish the Advisory Council or consult independent consultancy organisations or independent consultants as specified in Article 20 of Law No. 07/2017/QH14, and Articles 9 and 10 of this Decree.

The time limit for establishing, and holding a meeting of, the Advisory Council to consider and give advisory opinions on a technology, consult the coordinating agencies, and obtain consultation opinions is 30 working days, for investment projects subject to investment policy approval by the National Assembly; 15 working days, for group-A projects; 10 working days, for group-B projects; or 5 working days, for group-C projects and projects only requiring techno-economic reports, from the date of receipt of a valid dossier from the agency assuming the prime responsibility for appraisal of the construction investment project.

d/ Within 5 working days after receiving opinions from the coordinating agencies, the Advisory Council, independent consultancy organisations or independent consultants, the agency in charge of technology appraisal shall send appraisal results or written opinions on technology to the agency assuming the prime responsibility for appraisal of the construction investment project. Contents of appraisal of or opinions on technology must comply with Clause 2, Article 7 of this Decree;

dd/ In case the agency in charge of technology appraisal is concurrently the agency assuming the prime responsibility for appraisal of the construction investment project, the time limit for appraising, or giving opinions on, technology shall be included in the time limit for appraising the feasibility study report or techno-economic report.

3. The Minister of Science and Technology shall provide forms for performing procedures for appraising, or giving opinions on, technologies under Clause 2 of this Article.

Article 7. Contents of appraisal of or opinions on technologies of investment projects

1. In the stage of investment policy approval or consideration for issuance of an investment registration certificate, contents of appraisal of or opinions on a technology include:

a/ Evaluation of the rationality of the selected technology option based on analyses, comparisons, and reasons for technology selection provided by the investor under Clause 2, Article 4 of this Decree;

b/ Determination of whether the technology expected to be used in the project is on the List of technologies restricted from transfer or is a technology likely to exert adverse environmental impacts as specified by the law on environmental protection;

c/ Evaluation of potential hazards and technology risk levels under the specific application conditions of the project, including risks to the environment, safety, human health, and likelihood of occurrence of technical breakdowns, generation of wastes and emissions, or other negative impacts;

d/ Evaluation of the rationality and feasibility of projected measures to prevent, control and mitigate technology risks, thus meeting requirements on environmental protection, safety and human health, other law-specified requirements, and the investor’s commitments.

2. In the stage of making investment decision, contents of appraisal of or opinions on a technology include:

a/ Evaluation of the rationality, completeness and feasibility of the technology option based on detailed commentaries on technology, machinery, equipment and technological line as specified in Clause 3, Article 4 of this Decree;

b/ Determination of whether the technology or technological line expected to be used in the project is on the List of technologies restricted from transfer or is a technology likely to exert adverse environmental impacts as specified by the law on environmental protection;

c/ Evaluation of technology hazards and risks throughout the course of investment, construction and operation of the project, including risks to the environment, safety and human health, and likelihood of occurrence of technical breakdowns, generation of wastes and emissions, or other negative impacts;

d/ Evaluation of the completeness, feasibility and effectiveness of technical and management measures and organisation of the implementation in order to control and minimise technology risks based on commentaries and commitments provided by the investor;

dd/ Evaluation of the capacity to maintain the control of technology risks throughout the project’s life cycle, including cases of project adjustment, expansion or termination.

3. Conclusions on a project’s technology serving as a basis for investment policy consideration and approval or issuance of an investment registration certificate or investment decision for the project at one of the following levels:

a/ Pass: The project is qualified for further consideration for investment policy approval or issuance of an investment registration certificate or investment decision. In case the agency in charge of technology appraisal establishes an Advisory Council, the conclusion on the project’s technology shall be evaluated as “pass” if at least three-quarters of the Advisory Council’s members (including review panel members) evaluate it as “pass”;

b/ Conditional pass: The project is not yet qualified for consideration for investment policy approval or issuance of an investment registration certificate or investment decision and is required to be improved and re-appraised;

c/ Fail: The project is unqualified for consideration for investment policy approval or issuance of an investment registration certificate or investment decision.

Article 8. Technology appraisal upon adjustment of investment projects with adjustments or changes to technology contents

1. Investment projects with adjustments or changes to technology contents as specified in Clause 4, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15, and as specified in Clause 4, Article 3 of Law No. 115/2025/QH15, shall be subject to appraisal or opinion on their technologies, and appraisal shall only be carried out for adjustments to technology contents corresponding to the appraisal contents specified in Article 7 of this Decree.

2. The appraisal of, or giving of opinions on, technologies for the investment projects specified in Clause 1 of this Article, except the projects specified in Point b, Clause 3, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15, must comply with Articles 3, 4, 5, 6 and 7 of this Decree.

For the investment projects specified in Point b, Clause 3, Article 13 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 9, Article 1 of Law No. 115/2025/QH15, technology appraisal shall be carried out in accordance with the law on construction.

3. If results of the appraisal of, or giving of opinions on, a technology for a project specified in Clause 1 of this Article show that the adjusted technology is classified as “fail” under Point c, Clause 3, Article 7 of this Decree, the project is considered unqualified for approval regarding the adjustments or changes to technology contents.

4. Conclusions obtained from the appraisal of, or giving of opinions on, a technology of an investment project with adjustments to changes to technology contents shall be sent to the agency in charge of receiving and settling investment procedures, the agency assuming the prime responsibility for appraisal of the project’s feasibility study report or techno-economic report, and related agencies for consideration and handling in accordance with law.

Article 9. Advisory Council

1. The Advisory Council shall be composed of its Chairperson, Vice Chairpersons (if any), review panel members, secretary, and representatives of specialised agencies in related sectors and fields, and domestic and foreign experts (when necessary) in the fields related to the investment project’s technology. In case foreign experts are hired, they must satisfy conditions on expertise and hiring of foreign workers as specified by the labour law, the law on science, technology and innovation, and other relevant laws.

The specific number and structure of the Advisory Council shall be determined by the agency competent to decide on the establishment of the Council in conformity with the nature, scale, complexity, and technology field of the investment project, ensuring that at least 50% of the Council’s total members are experts in the specific technology sector or field subject to consideration and evaluation.

2. Responsibilities of the Advisory Council:

a/ To study, consider, and give advisory opinions on, technology contents of the investment project;

b/ To ensure objectivity, independence, truthfulness and scientificity of the advisory process;

c/ To take responsibility for their advisory opinions in accordance with law;

d/ To keep the confidentiality of information related to technology contents of the investment project and of documents and information provided during the advisory process in accordance with law;

dd/ Specific responsibilities of the Council’s members shall be decided by the Council Chairperson.

3. Expenditure items and norms for Advisory Councils must comply with the Government’s Decree No. 265/2025/NĐ-CP of October 14, 2025, detailing and guiding the implementation of a number of articles of the Law on Science, Technology and Innovation regarding finances and investment in science, technology and innovation, and relevant regulations.

4. Specific provisions on organisation, operation, and working principles and regime of an Advisory Council shall be issued by the agency competent to decide on the establishment of the Council, ensuring compliance with law and practical requirements.

Article 10. Independent consultancy organisations, independent consultants

1. An independent consultancy organization is an organisation that provides outsourced services for technology evaluation, appraisal and assessment in accordance with the law on science, technology and innovation, and must satisfy the following conditions:

a/ Having the legal person status;

b/ Having at least 5 experts who satisfy the conditions specified in Clause 2 of this Article;

c/ Having no rights and interests related to the project.

2. An independent consultant is an individual who satisfies the following conditions:

a/ Possessing a university degree or higher degree relevant to the technology field subject to appraisal;

b/ Having at least 5 years’ experience in the sector in which the project subject to appraisal is operating or in the state management of the field requiring technology appraisal related to the scope of the project;

c/ Having no rights and obligations related to the project.

3. Funding for consulting organisations and hiring independent consultants

Funding for hiring independent consultants and outsourced services for technology evaluation, appraisal and assessment must comply with the Government’s Decree No. 265/2025/NĐ-CP of October 14, 2025, detailing and guiding the implementation of a number of articles of the Law on Science, Technology and Innovation regarding finances and investment in science, technology and innovation, and relevant regulations.

4. Competent state agencies may use foreign independent consultancy organisations and consultants for new technologies, complex technologies, strategic technologies, and technologies with great impacts on socio-economic development and national technology sovereignty in accordance with law.

Section 2

TECHNOLOGY APPRAISAL IN SPECIFIC CASES

Article 11. Dossiers, order and procedures for technology appraisal in specific cases

1. An organisation or individual that wishes for appraisal of a technology it/he/she has researched and created or a technology it/he/she has invested in for application in production and business shall submit 1 set of dossier of request for technology appraisal online via the National Public Service Portal, by hand-delivery or by post to the single-window division of a specialised agency in charge of science and technology under a provincial-level People’s Committee.

2. A dossier of request for technology appraisal must comprise:

a/ A written request for technology appraisal;

b/ Commentaries about the technology requested to be appraised and documents proving the satisfaction of the criteria specified in Article 12 of this Decree.

3. Submission of dossiers of request for technology appraisal

a/ Organisations that wish to have their technologies appraised shall send dossiers of request for technology appraisal to specialised agencies in charge of science and technology under provincial-level People’s Committees of localities where their head offices are registered;

b/ Individuals that wish to have their technologies appraised shall send dossiers of request for technology appraisal to specialised agencies in charge of science and technology under provincial-level People’s Committees;

c/ Dossiers of request for technology appraisal shall be uniformly managed nationwide. Organisations and individuals shall commit not to send the same dossier of request for technology appraisal to 2 or more specialised agencies in charge of science and technology under provincial-level People’s Committees. In case an organisation or individual is found to have submitted the same dossier to 2 or more specialised agencies in charge of science and technology under the provincial-level People’s Committee, such dossier may not be considered for processing nationwide.

4. Order and procedures for technology appraisal

a/ Within 3 working days after receiving a dossier of request for technology appraisal, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall examine the completeness and validity of the dossier, formulate a cost estimate for organising activities of the Technology Appraisal Advisory Council under Clause 1, Article 15 of this Decree, and notify in writing the dossier receipt results to the organisation or individual requesting technology appraisal;

b/ Within 15 working days after an organisation or individual submits a complete and valid dossier, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall establish a Technology Appraisal Advisory Council under Article 13 of this Decree;

c/ Within 15 working days after the Technology Appraisal Advisory Council is established, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall organise a meeting of the Technology Appraisal Advisory Council;

d/ In case it is required to provide explanations about, or clarify or supplement the dossier, or to conduct physical inspection, based on opinions of the Technology Appraisal Advisory Council, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall, within 10 working days, send a written request to the requesting organisation or individual for providing explanations or clarification, or for arranging a physical inspection. The requesting organisation or individual shall provide explanations or clarification or arrange a physical inspection within 15 working days after receiving the request. If wishing to have such time limit extended, the requesting organisation or individual shall send a written request to the specialised agency in charge of science and technology under the provincial-level People’s Committee for consideration and decision on the extension. Past such time limit, if the requesting organisation or individual fails to provide written explanations or clarification or arrange a physical inspection, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall cease processing the dossier and notify such in writing to the requesting organisation or individual;

dd/ Within 10 working days after receiving the explanatory or clarifying dossier from the requesting organisation or individual, the Technology Appraisal Advisory Council shall hold a meeting under Article 13 of this Decree.

5. Notification of technology appraisal results

a/ Within 5 working days after obtaining results of the meeting of the Technology Appraisal Advisory Council, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall issue a notice of technology appraisal results to the organisation or individual requesting technology appraisal;

b/ The notice of technology appraisal results does not replace the recognition of the requesting organisation or individual’s compliance with regulations on investment, environmental protection, safety, and conditional business lines, and other relevant regulations when deploying technology application in production and business;

c/ The specialised agency in charge of science and technology under the provincial-level People’s Committee shall submit the dossier and technology appraisal results to the Ministry of Science and Technology for monitoring and management and, at the same time, update them on the National Digital Platform for Science, Technology and Innovation Management.

6. The Minister of Science and Technology shall provide forms for performance of the procedures specified in this Article.

Article 12. Criteria for technology appraisal in specific cases

A technology requested by an organisation or individual for appraisal as specified in Article 11 of this Decree must simultaneously satisfy the following criteria:

1. Being accompanied by a technological plan and process and technical solutions clearly described in terms of operating principles and methods.

2. Having one or several technical element(s) to implement the technological plan and process and technical solutions specified in Clause 1 of this Article, including: tools, equipment, parameters, designs, technical diagrams, models, algorithms, formulas, software, information, data, materials, or other technical elements.

3. Being capable of generating specific products, services or outcomes that can be measured in reality.

4. Being not on the List of technologies banned from transfer as specified in Section A of Appendix III to this Decree.

5. Having been tested and operated outside laboratories under conditions suitable to application purposes (models, pilot lines, trial operation or equivalent), with experimentation, acceptance testing or confirmation minutes.

6. Having technical parameters of actual operation and measurable outputs, demonstrating that the technology operates according to the expected process and achieves main technical indicators.

7. Generating actual products, services or outcomes during the testing and operating process under Clause 5 of this Article.

8. The products, services or outcomes specified in Clause 7 of this Article meet relevant standards and technical regulations (if applicable) or in-house standards.

9. Being accompanied by a technological process and instructions for operation and maintenance that help identify necessary infrastructure conditions, auxiliary equipment, raw materials, fuels, input materials and human resources for deployment in production and business.

10. Having proof of being capable to ensure stable and repeatable operation and quality control according to main technical parameters within the scope and conditions for application of the technology requested for appraisal.

11. Being accompanied by risk assessment documents and safety assurance and environmental protection measures conformable with the application plan.

12. Being accompanied by supporting documents or written commitments on lawful ownership or use rights over the technology and the right to utilise it for production and business.

Article 13. Technology Appraisal Advisory Council

1. A Technology Appraisal Advisory Council shall be composed of between 5 members and 7 members, including its Chairperson, a Vice Chairperson, members, and a secretary, who are selected on the principle of ensuring independence and objectivity, and who are representatives of state management agencies, experts in relevant sectors or fields, entrepreneurs, scientists, and technology experts with competence and expertise relevant to technology contents requested for appraisal.

For a technology on the list of dual-use technologies as specified by the law on the national defence and security industry and industrial mobilisation, the Council shall be composed of representatives of provincial-level military and public security agencies. Other cases shall be decided by specialised agencies in charge of science and technology under provincial-level People’s Committees.

2. A member of a Technology Appraisal Advisory Council must satisfy the following conditions:

a/ Having appropriate capabilities, professional qualifications or experience relevant to the field of technology requested for appraisal;

b/ Having no conflict of interest during the participation in activities of the Council; not concurrently being the individual or representative of the enterprise or organisation requesting technology appraisal;

c/ Not falling into one of the following cases: being currently examined for penal liability or having been convicted without having his/her criminal records expunged, or having not yet fully executed an administrative sanctioning decision in the field of science, technology and innovation.

3. Working principles of a Technology Appraisal Advisory Council:

a/ Ensuring openness, transparency, fairness, democracy and objectivity;

b/ The Council shall only hold a meeting when at least three-quarters of its total members attend the meeting, including the Chairperson or an authorised Vice Chairperson who will chair the meeting;

c/ Members of the Council may not use dossier contents beyond the scope of appraisal, and shall keep information confidential.

4. Technology Appraisal Advisory Councils shall carry out appraisal according to the criteria specified in Article 12 of this Decree, by the evaluation methods specified in Clause 7 of this Article, and draw conclusions according to the contents specified in Clause 8 of this Article.

5. Technology Appraisal Advisory Councils shall work by one of the following methods: in person, online, or hybrid in-person and online approach.

6. Working procedures of a Technology Appraisal Advisory Council:

a/ Documents for use at the Council’s meeting shall be sent to its members at least 3 working days prior to the meeting;

b/ The Council shall carry out the appraisal, discuss, reach consensus, and conclude on each criterion specified in Article 12 of this Decree.

In case of necessity, before making an appraisal conclusion, the Council shall request the organisation or individual requesting technology appraisal to arrange necessary conditions for evaluating technology testing under practical conditions.

c/ The secretary of the Council shall summarise opinions and make the meeting minutes, clearly recording opinions of each member and the Council’s conclusion on each appraised content.

7. Method of evaluation of the criteria specified in Article 12 of this Decree:

Each criterion specified in Article 12 of this Decree shall be concluded as “pass” when at least three-quarters of the Council’s members evaluate it as “pass”.

8. Conclusion contents of a Technology Appraisal Advisory Council

a/ The Council shall reach a consensus on the appraisal result that “the appraised technology is qualified for application in production and business” when all criteria specified in Article 12 of this Decree are evaluated as “pass” under Clause 7 of this Article;

b/ The Council shall reach a consensus on the appraisal result that “the appraised technology is unqualified for application in production and business” when any of the criteria specified in Article 12 of this Decree is not evaluated as “pass” under Clause 7 of this Article;

c/ In case the technology is concluded under Point a of this Clause while satisfying the criteria specified in Article 9 of Law No. 07/2017/QH14, as amended and supplemented by Clause 7, Article 1 of Law No. 115/2025/QH15, the Council shall recommend the specialised agency in charge of science and technology under the provincial-level People’s Committee to report to the Ministry of Science and Technology for considering and proposing the addition of the technology to the List of technologies promoted for transfer in accordance with law;

d/ In case the technology is concluded under Point a of this Clause while having elements affecting the environment, safety and human health, and involving the likelihood of occurrence of technical breakdowns, generation of wastes and emissions, or other negative impacts, the Council shall recommend the specialised agency in charge of science and technology under the provincial-level People’s Committee to report to the Ministry of Science and Technology for considering and proposing the addition of the technology to the List of technologies restricted from transfer in accordance with law.

9. The Minister of Science and Technology shall provide forms for performance of the procedures specified in Clauses 6 and 8 of this Article.

Article 14. Organisation of the evaluation of technology testing under practical conditions

1. In case the Technology Appraisal Advisory Council requires the organisation or individual requesting technology appraisal to arrange necessary conditions for evaluating technology testing under practical conditions under Clause 6, Article 13 of this Decree, the requesting organisation or individual shall ensure necessary conditions for the Council to evaluate technology testing under practical conditions, covering the following jobs:

a/ Appointing a lawful representative or an authorised person to work with the Council;

b/ Arranging professional personnel in charge of technology, operating personnel, and safety assurance (if any) to operate the technology demonstratively, and make commentaries about, the technology as required by the Council;

c/ Ensuring safety and preparing an incident response plan (if any) in the course of evaluation;

d/ Preparing necessary conditions for trial operation of the technology (raw materials, fuels, input materials, Internet connection, auxiliary equipment, and other technical conditions);

dd/ Ensuring necessary conditions for the Council to evaluate technology testing under practical conditions in accordance with law;

e/ Ensuring other necessary conditions.

2. The Technology Appraisal Advisory Council shall evaluate results of the operation under practical conditions of the technology requested for appraisal according to the criteria specified in Article 12 of this Decree and based on the dossier of request for technology appraisal.

3. The specialised agency in charge of science and technology under the provincial-level People’s Committee shall appoint its representative to monitor the process of evaluating technology testing under practical conditions.

4. Results of the evaluation of technology testing under practical conditions shall be recorded in minutes. Such minutes shall be certified by the Council’s Chairperson (or an authorised Vice Chairperson), the secretary, and the representative of the organisation or individual requesting technology appraisal, and shall serve as a basis for the Council to make conclusions under Clause 7, Article 13 of this Decree.

5. The Minister of Science and Technology shall provide forms for performance of the procedures specified in Clause 4 of this Article.

Article 15. Funding for technology appraisal

1. After receiving a dossier of request for technology appraisal from an organisation or individual as specified in Clause 1, Article 11 of this Decree, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall formulate a cost estimate for organisation of activities of the Technology Appraisal Advisory Council in accordance with the provisions applicable to technology evaluation, appraisal and assessment councils of the Government’s Decree No. 265/2025/ND-CP of October 14, 2025, detailing and guiding the implementation of a number of articles of the Law on Science, Technology and Innovation regarding finances and investment in science, technology and innovation, and relevant regulations.

In case of necessity, the specialised agency in charge of science and technology under the provincial-level People’s Committee may formulate a cost estimate based on the volume and content of jobs, and actual necessary costs of organising technology appraisal activities.

The cost estimate shall be sent to the organisation or individual requesting technology appraisal.

2. In case the Technology Appraisal Advisory Council requires the organisation or individual requesting technology appraisal to arrange necessary conditions for organising the evaluation of technology testing under practical conditions under Point b, Clause 6, Article 13 for implementation in accordance with Article 14 of this Decree, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall formulate a cost estimate of additional funding for organising activities of the Council and send it to the requesting organisation or individual.

3. Within 5 working days after receiving the notice from the specialised agency in charge of science and technology under the provincial-level People’s Committee under Point a, Clause 4, Article 11 of this Decree, the organisation or individual requesting technology appraisal shall provide a written agreement or disagreement regarding the cost estimate for organising activities of the Technology Appraisal Advisory Council. In case of disagreement, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall hold a working session with the requesting organisation or individual to exchange opinions, discuss and reach a written agreement. In case the cost estimate cannot be agreed upon, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall cease processing and return the dossier to the requesting organisation or individual.

4. In case the organisation or individual requesting technology appraisal agrees with the notified cost estimate, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall proceed with technology appraisal under Article 11 of this Decree.

5. The organisation or individual requesting technology appraisal shall perform financial obligations related to the funding for technology appraisal in accordance with the contents and progress as agreed in the cost estimate.

6. The estimations, management and use of funding for technology appraisal must ensure openness and transparency, and comply with the anti-corruption law and the law on thrift practice and waste combat.

7. The Minister of Science and Technology shall provide forms for performance of the procedures specified in Clauses 1 and 2 of this Article.

Article 16. Conditions committed by foreign general contractors and contractors regarding technology transfer and human resource training for Vietnamese organisations and enterprises in international bidding packages for implementation of national important projects

1. For national important projects, in bidding packages involving international bidding, bidding dossiers must contain a contractor’s commitment to satisfy requirements on technology transfer and human resource training in order to achieve the objectives of receiving, mastering, exploiting and operating technology, and improving the technological capacity of Vietnamese organisations and enterprises; ensuring national defence, national security, social order and safety, and environmental protection; and complying with Vietnam‘s law in the course of project implementation.

2. The requirements specified in Clause 1 of this Article must be concretised in bidding dossiers and serve as a basis for evaluation of bid dossiers, and signing and performance of contracts with foreign general contractors and contractors.

Chapter III

LISTS OF TECHNOLOGIES, MANAGEMENT OF TECHNOLOGY TRANSFER ACTIVITIES

Article 17. List of technologies promoted for transfer, List of technologies restricted from transfer, and List of technologies banned from transfer

1. Promulgated together with this Decree are:

a/ The List of technologies promoted for transfer (Appendix I);

b/ The List of technologies restricted from transfer (Appendix II); and,

c/ The List of technologies banned from transfer (Appendix III).

2. Once every 3 years or extraordinarily depending on socio-economic development conditions and state management requirements, ministries and ministerial-level agencies shall review, and send proposals to the Ministry of Science and Technology for summarisation and submission to the Government for modification or addition of technologies on, the Lists of technologies specified in Clause 1 of this Article.

Article 18. Prices and payment methods for technology transfer

1. Parties to a contract may agree on payment by one or several of the following methods:

a/ One-off payment or instalment payment in cash or goods, including also the form of payment based on each unit of product manufactured from the transferred technology;

b/ Conversion of the technology value into capital contribution to an investment project or to the capital of an enterprise.

In case of capital contribution in a technology funded by state capital (technology created or purchased with state capital ), the technology shall be subject to valuation in accordance with law;

c/ Payment based on a percentage (%) of net selling price.

A net selling price shall be determined by the total selling price of products or services that are created with the application of the transferred technology (based on sales invoices) minus the following amounts: value-added tax, excise tax, export duty (if any); costs of purchase and sale of finished products, parts, details and components imported or domestically available; costs of purchase of packaging, packing and transportation of products to outlets, and advertising;

d/ Payment based on a percentage (%) of net revenue.

Net revenue shall be determined by the revenue from the sale of products or services that are created with the application of the transferred technology minus revenue reductions including trade discounts, sales allowances and sales returns.

dd/ Payment based on a percentage (%) of pre-tax profit.

Pre-tax profit shall be determined by net revenue minus total reasonable costs of the production of products or services that are created with the application of the transferred technology and have been sold on the maket. The parties may also agree on payment based on a percentage of after-tax profit.

e/ A combination of 2 or more of the methods specified in Points a, b, c, d and dd of this Clause, or other payment methods in accordance with the law on technology transfer.

2. In case a technology (a technology created or purchased with state capital) is transferred between parties, with one or more of the parties receiving state capital, the technology valuation shall be carried out based on technology valuation consultancy in accordance with law.

3. In case a technology is transferred between parties operating after the parent company-subsidiary model and related parties in accordance with the tax laws, the price auditing shall be carried out in the form of technology valuation in accordance with law upon request of tax administration agencies.

Article 19. Encouragement of the provision of information on technology transfer activities

1. Organisations and individuals that are technology transferees, technology transferors, intermediary organisations of the science and technology market, and other organisations and individuals related to technology transfer activities are encouraged to provide information on technology transfer activities.

2. Information on technology transfer activities includes:

a/ Information on technology transferees and technology transferors;

b/ Names, objects and fields of technologies;

c/ Form and method of technology transfer;

d/ Scope of technology transfer rights;

dd/ Technology transfer price and payment method (if any);

e/ Term, time, location, plan and schedule for implementation of technology transfer;

g/ Results and products created from technology transfer activities;

h/ Information on intermediary organisations of the science and technology market and intermediary services provided for technology transfer activities, including one or more of the following services: brokerage, consultancy, technology transfer promotion, evaluation, valuation, technology assessment, connection, and support for technology suppliers, technology demanders and other parties in technology-related transactions;

i/ Other information.

3. The organisations and individuals specified in Clause 1 of this Article shall provide information related to technology transfer activities in the following forms:

a/ Online on the National Digital Platform for Science, Technology and Innovation Management;

b/ Submission to specialised agencies in charge of science and technology under provincial-level People’s Committees of the localities where the head offices of the organisations or individuals are located or where the technology transfer activities are carried out.

4. The following acts are prohibited when providing information:

a/ Providing information that the provider clearly knows to be untruthful;

b/ Providing information for personal gain or causing damage to another organisation or individual;

c/ Providing information without grounds, documents or reasonable sources of information for determining the authenticity of such information.

5. The consideration and handling of the acts specified in Clause 4 of this Article must comply with law.

6. Organisations and individuals providing information under this Article shall be given priority in:

a/ Having information on themselves and their technologies, products and services promoted and introduced on information channels, digital platforms and science and technology exchanges;

b/ Being considered and assessed when participating in science, technology and innovation programmes and tasks;

c/ Accessing information on technology supply-demand connection; participating in trade promotion activities and events for technology launch, demonstration and introduction;

d/ Participating in training, upskilling and capacity-building courses on technology transfer;

dd/ Being considered for participation in the network of intermediary organisations of the science and technology market in accordance with law.

Article 20. Registration of technology transfer

1. For cases of technology transfer that are not subject to mandatory registration of technology transfer as specified in Clause 1, Article 31 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 14, Article 1 of Law No. 115/2025/QH15, if an organisation or individual wishes to register the technology transfer, the order and procedures for registration must comply with Clauses 3, 4, 5 and 6, Article 31 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 14, Article 1 of Law No. 115/2025/QH15, and this Decree.

The effective date of the technology transfer contract specified in this Clause shall be agreed by the parties. By the time of technology transfer registration, if the parties have not yet performed the contract, the contract shall take effect from the date of issuance of the certificate of registration of technology transfer.

2. The technology transferee, in the case of technology transfer from foreign countries into Vietnam or domestic technology transfer, or the technology transferor, in the case of technology transfer from Vietnam to foreign countries, shall, on behalf of the parties, submit the dossier for technology transfer registration to the agency competent to issue the certificate of registration of technology transfer specified in Article 21 of this Decree.

3. Time limit for issuance of a certificate of registration of technology transfer:

a/ Within 5 working days after receiving a complete dossier as specified in Clause 3, Article 31 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 14, Article 1 of Law No. 115/2025/QH15, the competent agency specified in Article 21 of this Decree shall issue the certificate of registration of technology transfer;

b/ In case the dossier is incomplete, within 3 working days after receiving the dossier, the competent agency shall issue a written request for the technology transfer registration applicant to supplement the dossier. The technology transfer registration applicant shall supplement the dossier within 30 days after receiving the written request for supplementation. The competent agency shall terminate dossier processing if the technology transfer registration applicant fails to submit supplementary documents after the above time limit has expired;

c/ In case the dossier has contents that need to be modified or supplemented, within 5 working days after receiving the dossier, the competent agency shall issue a written request for the technology transfer registration applicant to make modifications or supplements;

d/ In case of refusal, within 5 working days after receiving the dossier, the competent agency shall issue a written reply, clearly stating the reason.

4. Contents of examination of a dossier of application for a certificate of registration of technology transfer:

a/ Reviewing the completeness and validity of the dossier;

b/ Assessing the conformity of the contents of the technology transfer contract with Article 23 of Law No. 07/2017/QH14;

c/ Determining whether the to-be-transferred technology is on the List of technologies encouraged for transfer, the List of technologies restricted from transfer, or the List of technologies banned from transfer specified in Appendix I, II or III to this Decree;

d/ Assessing the conformity of the object of the to-be-transferred technology, the form and method of technology transfer, and technology transfer rights with Articles 4, 5, 6 and 7 of Law No. 07/2017/QH14;

dd/ Determining the conformity of other contents of the technology transfer contract, including the rights and obligations agreed by the parties in the contract, with Articles 25 and 26 of Law No. 07/2017/QH14;

e/ Determining the conformity of other contents of the technology transfer contract with Law No. 07/2017/QH14.

5. The Minister of Science and Technology shall provide the forms for performance of the procedures specified in this Article.

Article 21. Competence to issue certificates of registration of technology transfer

1. For technology transfer under investment projects:

a/ The Ministry of Science and Technology may issue certificates of registration of technology transfer for cases of technology transfer under investment projects in Vietnam that are subject to investment policy decision or investment policy approval by the National Assembly, the Prime Minister, ministries or central agencies as specified by the laws on investment, public investment, and investment in the form of public-private partnership;

b/ Specialised agencies in charge of science and technology under provincial-level People’s Committees may issue certificates of registration of technology transfer for cases of technology transfer under investment projects in geographical areas under their management and subject to investment policy decision or investment policy approval by People’s Councils at all levels, People’s Committees at all levels, Management Boards of industrial parks, export processing zones, hi-tech parks or economic zones as specified by the laws on investment, public investment, and investment in the form of public-private partnership; projects subject to issuance of an investment registration certificate but not subject to investment policy approval by a competent state management agency; and cases of voluntary registration under Clause 2, Article 31 of Law No. 07/2017/QH14, as amended and supplemented under Clause 14, Article 1 of Law No. 115/2025/QH15.

2. For independent technology transfer and other forms as specified by law:

a/ The Ministry of Science and Technology may issue certificates of registration of technology transfer for cases of technology transfer from foreign countries into Vietnam and technology transfer from Vietnam to foreign countries;

b/ Specialised agencies in charge of science and technology under provincial-level People’s Committees may issue certificates of registration of technology transfer for cases of domestic technology transfer using state capital or state budget funds, and for cases of voluntary registration under Clause 2, Article 31 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 14, Article 1 of Law No. 115/2025/QH15, for domestic technology transfer.

3. The Ministry of National Defence may issue certificates of registration of technology transfer for cases of technology transfer involving state secrets in the field of national defence or cases of technology transfer involving procurement of assets funded by special budget funds for national defence; the Ministry of Public Security may issue certificates of registration of technology transfer for cases of technology transfer involving state secrets in the field of national security or social order and safety, or for cases of technology transfer involving procurement of assets funded by special budget funds for national security or social order and safety.

The Minister of National Defence and the Minister of Public Security shall provide contents, dossiers, order, procedures and competence for issuance of certificates of registration of technology transfer specified in this Clause.

4. For registration of extension, modification or supplementation of technology transfer contents specified in Clauses 1 and 2, Article 68 of this Decree, the competence to issue certificates of registration of extension, modification or supplementation of technology transfer contents must comply with Clauses 1, 2 and 3 of this Article.

5. Before the 25 every month, specialised agencies in charge of science and technology under provincial-level People’s Committees shall send reports on technology transfer registration to the Ministry of Science and Technology. Reported data must cover the period from the 15 of the preceding month to the 14 of the reporting month.

Before December 31 every year, specialised agencies in charge of science and technology under provincial-level People’s Committees shall send reports on technology transfer registration to the Ministry of Science and Technology. Reported data must cover the period from December 15 of the year preceding the reporting year to December 14 of the reporting year.

6. The Minister of Science and Technology shall provide the forms of the reports specified in Clause 5 of this Article.

Article 22. Return of support and incentive amounts

1. Organisations and individuals that have received support and incentive amounts from technology transfer shall return the whole of such amounts to the state budget if having their certificates of registration of technology transfer invalidated under Clause 2, Article 32 of Law No. 07/2017/QH14.

2. Within 5 working days from the date of invalidation of a certificate of registration of technology transfer, the agency issuing the certificate of registration of technology transfer shall notify such in writing to the concerned organisation or individual, the financial management agency at the same level, and the agency competent to decide on support and incentives for the organisation or individual in accordance with law, and shall post a notice thereof on its portal.

Within 5 working days from the date of receipt of the notice of invalidation of a certificate of registration of technology transfer, the financial management agency and the agency competent to decide on support and incentives for organisations and individuals shall send a notice to the concerned organisation or individual, requesting full return of the received support and incentive amounts in accordance with regulations.

3. Within 20 working days after receiving the notice requesting return of the received support and incentive amounts, the organisation or individual whose certificate of registration of technology transfers is invalidated shall fully return such amounts to the state budget through the state treasury system.

Organisations and individuals that fail to return, or fail to return within the law-specified time limit, the received support and incentive amounts shall be handled in accordance with law.

4. Organisations shall include information on the return of state budget funds in their annual account-finalisation reports and financial statements in accordance with law.

Chapter IV

TECHNOLOGY EXAMINATION AND SUPERVISION OF INVESTMENT PROJECTS, AND EXAMINATION OF TECHNOLOGY TRANSFER ACTIVITIES

Article 23. Principles of technology examination and supervision of investment projects and examination of technology transfer activities

1. To comply with law and ensure objectivity, publicity, transparency, timeliness and competence.

2. To avoid overlaps or repetition of inspection and examination activities of other agencies and to refrain from obstructing the normal operations of the examined or supervised subjects.

3. Technology examination and supervision of investment projects and examination of technology transfer activities shall be carried out under annual plans or on an ad hoc basis. Results of technology examination and supervision of investment projects and results of examination of technology transfer activities shall be summarised and sent to the Ministry of Science and Technology on June 25 and December 25 every year.

4. In case an investor fails to declare, or incompletely declares, the technology used which is on the List of technologies restricted from transfer under the law on technology transfer, or in case the technology used in a project poses a risk of adverse environmental impacts as specified by the law on environmental protection and the investment management agency fails to detect this during dossier examination, technology examination and supervision shall be conducted during the implementation and operation of the project.

Article 24. Technology examination and supervision of investment projects

1. Investment projects subject to technology examination and supervision:

a/ Investment projects using technologies restricted from transfer, and investment projects posing a risk of adverse environmental impacts and using technologies which have been appraised by competent agencies, or on which competent agencies have given their opinions;

b/ Investment projects registered according to special investment procedures in accordance with the law on investment and using technology;

c/ Investment projects specified in Points a and b, Clause 1 of this Article with modified contents involving changes in technology;

d/ Projects using technologies which have yet to be appraised or on which opinions have yet to be given;

dd/ Projects in which investors fail to declare, or incompletely declare, the technologies used which are on the List of technologies restricted from transfer under the law on technology transfer, or projects using technologies that pose a risk of adverse environmental impacts under the law on environmental protection, and the investment management agency fails to detect this during dossier examination.

2. Competence to conduct technology examination and supervision of investment projects:

a/ The Ministry of Science and Technology shall assume the prime responsibility for conducting technology examination and supervision of projects using technologies restricted from transfer that are subject to investment policy approval by the National Assembly as specified in Point a, Clause 2, Article 3; and projects for which it assumes the prime responsibility for technology appraisal as specified in Point b, Clause 2, Article 3, of this Decree;

b/ Line ministries shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, conducting technology examination and supervision of projects posing a risk of adverse environmental impacts that are subject to investment policy approval by the National Assembly as specified in Point a, Clause 3, Article 3; and projects for which they assume the prime responsibility for technology appraisal as specified in Point b, Clause 3, and Point b, Clause 5, Article 3, of this Decree;

c/ Ministries and central agencies as defined by the law on public investment shall assume the prime responsibility for, and coordinate with the Ministry of Science and Technology in, conducting technology examination and supervision of public investment projects, and projects using recurrent expenditures from the state budget or other state budget funds not regulated by the law on public investment, in which the investment is decided by the ministers or heads of such agencies;

d/ Provincial-level People’s Committees shall direct specialised agencies to assume the prime responsibility for, and coordinate with related agencies in, conducting technology examination and supervision of investment projects using technologies other than those specified in Points a, b and c of this Clause, and of investment projects specified in Points d and dd, Clause 1 of this Article.

3. Contents of technology examination of investment projects:

a/ Technology appraisal of the projects in accordance with the law on technology transfer and other relevant laws; implementation of technology-related contents which have been appraised or on which appraisal opinions have been given; or implementation of technology-related commitments for the projects specified in Point b, Clause 1 of this Article; or projects using technologies on the List of technologies restricted from transfer under the law on technology transfer, or technologies posing a risk of adverse environmental impacts under the law on environmental protection, for the projects specified in Point d, Clause 1 of this Article;

b/ Application of, and compliance with, the law on technology transfer.

4. The competence for and contents of technology examination of investment projects implemented under special investment procedures must comply with Article 29 of this Decree.

5. Technology supervision of investment projects

Technology supervision of investment projects shall be conducted through technology examination of investment projects as specified in Clause 3 of this Article and Article 23 of this Decree, and through technology monitoring of investment projects as specified in Clauses 6, 7 and 8 of this Article.

6. Contents of technology monitoring of investment projects:

a/ The investors’ implementation of the reporting regime in accordance with the law on technology transfer;

b/ Implementation of the projects’ selected technology plans, objectives, scale and capacity;

c/ Satisfaction of conditions for technology use; compliance with the law on standards and technical regulations applicable to products;

d/ Satisfaction of conditions for entitlement to incentives and support from technology transfer activities, for investment projects applying for incentives or support in accordance with relevant laws (if any);

dd/ Compliance with the law on technology transfer and other relevant laws (if any).

7. Technology monitoring of investment projects shall be conducted by the following methods:

a/ Monitoring through periodical reports and ad hoc reports upon request;

b/ Monitoring through reports combined with periodical or ad hoc field monitoring.

8. Order for technology monitoring of investment projects:

a/ Formulating a monitoring plan;

b/ Assigning an organisation to support the monitoring;

c/ Preparing necessary conditions for project monitoring;

d/ Collecting and analysing data;

dd/ Reporting on monitoring results.

9. Results of technology examination and supervision of investment projects shall be sent to the investment management agency for monitoring and summarisation to serve investment project management.

Article 25. Examination of technology transfer activities

1. Subjects of examination of technology transfer activities:

a/ Enterprises, organisations and individuals that have certificates of registration of technology transfer or technology transfer licences, for, technologies restricted from transfer, issued by competent state management agencies;

b/ Enterprises, organisations and individuals entitled to incentives or support related to technology transfer activities;

c/ Enterprises, organisations and individuals carrying out technology transfer activities that are subject to registration for certification of technology transfer or licensing of technology transfer but have not yet carried out the procedures specified by the law on technology transfer.

2. Competence to examine technology transfer activities:

a/ Agencies issuing certificates of registration of technology transfer or technology transfer licences shall assume the prime responsibility for, and coordinate with related agencies and organisations in, examining technology transfer activities of the subjects specified in Point a, Clause 1 of this Article;

b/ Agencies implementing incentive or support policies shall assume the prime responsibility for, and coordinate with related agencies and organisations in, examining enterprises, organisations and individuals entitled to incentives or support related to technology transfer activities;

c/ Provincial-level People’s Committees shall direct specialised agencies in charge of science and technology to assume the prime responsibility for, and coordinate with related agencies and organisations in, examining the enterprises, organisations and individuals specified in Point c, Clause 1 of this Article.

3. Contents of examination of technology transfer activities:

a/ The implementation of technology transfer and compliance with the law on technology transfer according to the contents of technology transfer agreements, registration or licensing dossiers, and actual implementation (when necessary).

For transfer of technologies restricted from transfer, it is required to consider dossiers and documents related to approval by competent agencies and other relevant documents proving the implementation of the agreed contents;

b/ Satisfaction of the conditions for entitlement to incentives or support and the fulfilment of commitments by enterprises, organisations and individuals entitled to incentives or support related to technology transfer activities; and the enjoyment of incentives or support in accordance with law.

Article 26. Examination of technology appraisal activities performed by specialised agencies in charge of sector-based management

1. Competence to examine technology appraisal activities performed by specialised agencies in charge of sector-based management:

a/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related agencies and organisations in, examining technology appraisal activities and activities of giving appraisal opinions on technology, performed under the prime responsibility of line ministries, sector-based management agencies, or specialised agencies in charge of science and technology under provincial-level People’s Committees;

b/ Provincial-level People’s Committees shall direct specialised agencies to assume the prime responsibility for, and coordinate with related agencies and organisations in, examining technology appraisal activities, or activities of giving appraisal opinions on technology, performed under the prime responsibility of specialised agencies in charge of sector-based management under provincial-level People’s Committees.

2. The contents of examination of technology appraisal activities performed by specialised agencies in charge of sector-based management include:

a/ Compliance with legal provisions on competence and subjects of technology appraisal or technology appraisal opinions;

b/ Dossiers, order and procedures for organising technology appraisal or giving technology appraisal opinions;

c/ Independence and objectivity in the process of technology appraisal or giving technology appraisal opinions;

d/ Implementation of the reporting and information provision regime in accordance with law.

Article 27. Examination of licensing and registration of technology transfer

1. Competence to examine the licensing and registration of technology transfer:

a/ The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate with related agencies and organisations in, examining the licensing and registration of technology transfer by provincial-level People’s Committees;

b/ The Ministry of Public Security and the Ministry of National Defence shall examine the registration of technology transfer within their management scope.

2. The contents of examination of licensing and registration of technology transfer include:

a/ Compliance with legal provisions on competence and subjects of issuance of certificates of registration of technology transfer or technology transfer licences;

b/ Dossiers, order and procedures for appraisal for the issuance of certificates of registration of technology transfer or technology transfer licences;

c/ Post-registration and post-licensing management, and handling, or recommendations for handling of violations (if any);

d/ Implementation of the reporting and information provision regime in accordance with law.

Article 28. Examination activities of the Ministry of Science and Technology according to state management requirements

1. According to state management requirements, the Ministry of Science and Technology shall formulate periodical or ad hoc examination plans for:

a/ Technologies of investment projects for which technology appraisal is conducted under the prime responsibility of line ministries, sector-based management agencies, or specialised agencies in charge of science and technology under provincial-level People’s Committees;

b/ Technology transfer activities of enterprises, organisations and individuals that have been licensed or registered by provincial-level People’s Committees.

2. Periodical inspection plans shall be notified to line ministries, provincial-level People’s Committees acting as managing agencies, and the subjects specified in Clause 1 of this Article.

In case there is an overlap in subjects with the same examination contents and the examination has not yet been conducted, priority shall be given to conducting examination under the examination plan of the Ministry of Science and Technology.

3. The Ministry of Science and Technology shall send results of examinations specified in Clause 1 of this Article to line ministries and provincial-level People’s Committees for handling in accordance with law.

Article 29. Technology examination of investment projects implemented under special investment procedures

1. Investment projects implemented under special investment procedures in accordance with the law on investment that use technologies on the List of technologies restricted from transfer, or projects posing a risk of adverse environmental impacts under the law on environmental protection that use technologies, shall be subject to technology examination and supervision during implementation and operation.

Technology examination of investment projects implemented under special investment procedures shall be based on the project dossiers specified in Clauses 2 and 5, Article 4 of this Decree.

Investors and investment management agencies shall fully provide relevant information and documents at the request of competent agencies and fully implement remedial and handling measures according to the conclusions of competent agencies.

2. Competence to conduct examination:

a/ Specialised agencies in charge of science and technology under provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with related agencies and organisations in, conducting technology examination of investment projects in their localities that use technologies restricted from transfer;

b/ Sector-based specialised agencies under provincial-level People’s Committees shall assume the prime responsibility for, and coordinate with related agencies and organisations in, conducting technology examination of investment projects in their localities that use technologies and pose a risk of adverse environmental impacts under the law on environmental protection.

3. Contents of technology examination of investment projects:

a/ Implementation of commitments on the use of technologies of the projects specified in Clauses 2 and 5, Article 4 of this Decree;

b/ Compliance with the law on technology transfer;

c/ Examination of whether the technologies used in the projects are on the List of technologies banned from transfer, the List of technologies restricted from transfer, or are technologies posing a risk of adverse environmental impacts under the law on environmental protection;

d/ Examination of the identification of potential hazards and the level of technology risks under the specific conditions of the projects, and of measures to prevent, control and mitigate technology risks, ensuring satisfaction of requirements on the environment, safety and human health, other requirements specified by law, and fulfilment of the commitments in the investors’ project dossiers;

4. The conclusion on commentaries on the use of technologies in the investment project dossier specified in Clauses 2 and 5, Article 4 of this Decree shall be made for a project in one of the following cases:

a/ The project is eligible for implementation;

b/ The project is eligible for implementation but needs to be supplemented and completed according to the conclusion of the competent agency within the law-specified time limit;

c/ The project is not eligible for implementation.

The conclusions on commentaries on the use of technologies in the investment project dossiers shall be notified to investment management agencies and related agencies and organisations for consideration and handling according to their competence and in accordance with relevant laws.

Article 30. Order and procedures for conducting examination activities

1. Preparing for the examination

a/ The agency assigned by the competent examination agency specified in this Decree to assume the prime responsibility for conducting examination activities shall prepare and submit an examination plan to the competent agency for approval;

b/ The competent examination agency shall issue a decision establishing an examination team to conduct examination according to the approved plan;

c/ The agency assuming the prime responsibility for examination shall notify the examination plan to the to-be-examined subject and request the latter to prepare dossiers and documents for the examination. The to-be-examined subject shall have at least 20 working days from the date of receipt of the request to prepare such dossiers and documents.

2. Conducting examination activities

a/ The head of the examination team shall announce the examination decision and notify the examination agenda to the to-be-examined subject;

b/ The head of the examination team shall assign tasks to members of the team to conduct examination according to the issued examination contents and agenda;

c/ Members of the examination team shall conduct examination according to the tasks assigned by the head of the team, prepare and submit reports to the head of the team and take responsibility for the examination results within their assigned tasks;

d/ The working results of the examination team shall be recorded in an examination minutes;

dd/ During examination, if signs of law violation are detected, depending on the nature and severity of the violations, the examination team shall promptly report thereon to the person who has issued the examination decision for handling in accordance with law.

3. Handling of examination results

a/ In case an organisation or individual is found to have committed an administrative violation, the examination team shall make a record of administrative violation and take handling measures in accordance with law;

b/ If detecting a matter through examination that falls beyond his/her competence to consider, assess and clarify it, the head of the examination team shall report thereon to the person who has issued the examination decision for such person to request or propose a competent inspectorate to conduct an inspection;

c/ If detecting signs of a crime, the head of the examination team shall report thereon to the person who has issued the examination decision for the latter to recommend the initiation of legal proceedings and transfer the case file and relevant documents to the investigation agency for consideration and decision on initiation of a criminal case in accordance with law;

d/ When necessary or at the request of the person who issued the examination decision, the head of the examination team shall prepare an examination result report and a written request for correction and remedy of post-examination shortcomings and limitations, and submit them to the person who has issued the examination decision.

4. Agencies assuming the prime responsibility for examination shall issue forms serving their examination activities.

Chapter V

MEASURES TO SUPPORT AND PROMOTE TECHNOLOGY TRANSFER, TECHNOLOGY APPLICATION AND INNOVATION, AND DEVELOPMENT OF THE SCIENCE AND TECHNOLOGY MARKET

Section 1

POLICIES TO SUPPORT AND ENCOURAGE TECHNOLOGY APPLICATION AND INNOVATION

Article 31. Support for enterprises having projects in sectors eligible for investment incentives or in geographical areas eligible for investment incentives to acquire technologies from science and technology organisations

1. Conditions for an enterprise to receive support:

a/ Having a project in a sector or trade eligible for investment incentives or in a geographical area eligible for investment incentives in accordance with the law on investment;

b/ Having a technology transfer contract or a certificate of registration of technology transfer in accordance with the law on technology transfer.

2. Forms of support:

Enterprises satisfying the conditions specified in Clause 1 of this Article shall receive support through science, technology and innovation programmes and tasks, or through activities to develop the innovation system or the innovative start-up ecosystem, and to promote a culture of innovation and innovative start-ups in accordance with the law on science, technology and innovation.

Article 32. Promotion of forms of cooperation between enterprises and agencies, organisations and individuals to implement technology innovation investment projects, innovative start-up projects, and projects on development of infrastructure serving the development of science, technology and innovation

1. The State shall encourage enterprises to cooperate with domestic and foreign agencies, organisations and individuals, especially higher education institutions, research institutes, innovation centres and innovative start-up support centres, in the following forms:

a/ Cooperation in technology development and completion to form prototypes, organise technology testing, demonstration and verification; calibration and mastery of technologies, production lines and technical processes on the basis of enterprises’ needs;

b/ Cooperation in technology transfer and commercialisation of scientific research, technology development and innovation results between higher education institutions, research institutes, science and technology organisations and enterprises; establishment of enterprises from research outcomes and innovative start-up enterprises; formation of technology-based product and service value chains; and organisation of incubation and acceleration activities for science and technology enterprises;

c/ Cooperation in training, upskilling and shared use of science, technology and innovation human resources, including commissioning the training of technology human resources; exchange of experts between enterprises and higher education institutions or research institutes; placement of students, researchers and engineers for internship or working in enterprises in connection with technology research and innovation tasks; training and upskilling in research and development capacity, technology governance, innovation governance and development of new business models;

d/ Public-private partnership in investment, management and operation of laboratories, technical facilities, innovation centres, innovative start-up support centres, incubators, co-working spaces, intermediary organisations of the science and technology market, technical infrastructure, testing spaces, technology demonstration facilities, digital platforms and databases serving technology application, transfer and innovation, and innovation activities, in accordance with the law on investment in the form of public-private partnership and relevant laws;

dd/ Cooperation in exploiting and sharing data and information on technologies, scientific research and technology development outcomes, intellectual assets, technology demands and technology experts through the National Digital Platform for Science, Technology and Innovation Management and information systems in accordance with law;

e/ Cooperation in building and developing the innovation system and innovative start-up ecosystem; developing expert networks; and organising workshops, forums and events to promote a culture of innovation and innovative start-ups.

2. Enterprises, agencies, organisations and individuals participating in cooperation in the forms specified in Clause 1 of this Article shall be given priority for consideration of application of the following support measures:

a/ Receiving support under Article 31 of this Decree, for technology innovation investment projects and technology transfer activities that satisfy the conditions specified by the law on investment and the law on technology transfer;

b/ Being commissioned, assigned or selected to perform science, technology and innovation tasks in accordance with the law on science, technology and innovation;

c/ Using and exploiting services provided by laboratories, technical facilities, innovation centres, innovative start-up support centres, incubators, co-working spaces, intermediary organisations of the science and technology market, technical infrastructure, testing spaces, technology demonstration facilities, digital platforms and databases;

d/ Receiving support through the National Technology Innovation Fund, science, technology and innovation development funds of ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees, and other lawful funds in accordance with law;

dd/ Participating in technology launch, demonstration and introduction activities and receiving support under Articles 53 and 54 of this Decree and relevant laws; participating in innovation networks and domestic and international events and forums on technology, innovation and innovative start-ups;

e/ Being honoured and commended and having achievements in science, technology and innovation recognised in accordance with law.

3. Funds for implementation of the support measures specified in Clause 2 of this Article shall be allocated from non-business expenditures for science, technology and innovation; the National Technology Innovation Fund; science, technology and innovation development funds of ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees; and science, technology and innovation programmes and tasks.

Article 33. Support for organisations and enterprises carrying out technology transfer activities

1. Organisations and enterprises entitled to the State’s support for conducting technology transfer activities include technology transferors, technology transferees and intermediary organisations of the science and technology market.

2. The subjects specified in Clause 1 of this Article shall be given priority for consideration for support and commissioning to perform science, technology and innovation tasks, activities supporting scientific research, technology development, technology application, technology transfer, innovation and innovative start-ups through the National Technology Innovation Fund, science, technology and innovation development funds of ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees, and other lawful support sources in accordance with law.

Article 34. Support for development of the network of organisations providing support for small- and medium-sized enterprises, cooperatives, business households and business individuals

1. To prioritise funds from the source of the state budget allocations for science, technology and innovation to invest in the establishment and development of the network of organisations specified in Clause 5, Article 35 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 15, Article 1 of Law No. 115/2025/QH15.

2. Support for network development activities shall be provided in one or more of the following forms:

a/ Providing support through science, technology and innovation programmes and tasks;

b/ Assigning tasks or commissioning organisations in the network to coordinate with one another in carrying out enterprise support activities;

c/ Organising, and supporting the operation of, clubs, forums and linkage networks between support organisations and enterprises;

d/ Prioritising the connection to, and participation in, domestic and international platforms, programmes and networks serving enterprise support activities.

Section 2

TECHNOLOGY PROCUREMENT AND DISSEMINATION BY THE STATE

Article 35. General provisions on technology procurement and dissemination by the State

1. The State shall procure and disseminate technologies serving national defence, security, education, health, environmental protection, disaster preparedness and epidemic prevention and control in the form of free provision, preferential provision or grant of conditional use rights, and shall promote cooperation in co-development of technologies in order to build the capacity of Vietnamese organisations and enterprises with a view to:

a/ Creating breakthroughs in improving the technological capacity, and the ability to access, master and apply technologies, of Vietnamese organisations and enterprises, thereby developing the science and technology market and improving productivity, quality and efficiency of production and business;

b/ Directly addressing urgent and essential national issues.

2. Line ministries and ministerial-level agencies and provincial-level People’s Committees shall formulate technology procurement and dissemination schemes and organise the implementation thereof after such schemes are approved by the Prime Minister, ensuring efficiency, transparency, proper objectives and compliance with law.

Article 36. Formulation of technology procurement and dissemination schemes

1. Based on the need to purchase and disseminate technologies serving education, health, environmental protection, disaster preparedness and epidemics prevention and control, national defence and security, line ministries and ministerial-level agencies and provincial-level People’s Committees shall formulate technology procurement and dissemination schemes.

2. Technology procurement and dissemination schemes specified in Clause 1 of this Article shall be submitted to the following competent agencies for appraisal and approval in accordance with Article 37 of this Decree:

a/ The Ministry of Science and Technology, in case the technologies serve the objectives specified in Point b, Clause 1, Article 35a, which is supplemented under Clause 16, Article 1 of Law No. 115/2025/QH15;

b/ The Ministry of National Defence, for technology procurement and dissemination schemes serving national defence; or the Ministry of Public Security, for technology procurement and dissemination schemes serving national security or social order and safety, in case the technologies serve the objectives specified in Point a, Clause 1, Article 35a, which is supplemented under Clause 16, Article 1 of Law No. 115/2025/QH15.

In case a technology simultaneously serves national defence and security objectives, the Ministry of National Defence and the Ministry of Public Security shall coordinate with each other in identifying the agency to receive the scheme dossier; if failing to reach agreement, they shall report to the Prime Minister for decision.

3. A technology procurement and dissemination scheme must have the following principal contents:

a/ Necessity for, and objectives of, technology procurement and dissemination; the national issue to be addressed; scope and beneficiaries;

b/ Commentaries on the technology: description of the technology, level of completion, use value, and capacity for deployment and replication;

c/ Legal status of technology ownership, technology use rights and intellectual property rights over the technology; the entity having the right to transfer the technology;

d/ Object of purchase: technology ownership or technology use rights; expected scope of rights, term, conditions and accompanying obligations;

dd/ Plan for dissemination of the technology: intended recipients; form of dissemination: free provision; preferential provision (partial or whole support for costs of receiving, exploiting and using the technology; support for costs of training, capacity transfer, and guidance on operation and exploitation of the technology; support for costs of trial deployment, application and replication of the technology); grant of conditional use rights (scope of use rights, use purpose, use term; conditions on the capacity to receive, deploy and operate the technology; requirements on compliance with standards, technical regulations, safety and environmental protection requirements (if any); obligations to report, monitor and assess the effectiveness of technology application under the scheme; obligations to maintain confidentiality and protect intellectual property rights; responsibilities for handling violations of conditions for use); a plan for cooperation in co-development of the technology to build the capacity of Vietnamese organisations and enterprises granted the use rights; and other relevant contents;

e/ Conditions for application, implementation plan, and training and capacity transfer plan;

g/ Estimated funds, funding sources and mechanism for mobilisation of resources;

h/ Assessment of impacts, socio-economic efficiency and spill-over effects; plan for controlling technical risks and legal risks;

i/ Agency or organisation expected to assume the prime responsibility for implementation and responsibilities of coordinating agencies;

k/ Other contents.

4. The Minister of Science and Technology shall issue the forms for performance of the procedures specified in this Article.

Article 37. Appraisal and approval of technology procurement and dissemination schemes

1. The Ministry of Science and Technology, the Ministry of National Defence or the Ministry of Public Security shall receive, review, and conduct preliminary assessment of, technology procurement and dissemination schemes. When necessary, they shall request in writing the concerned line ministries or ministerial-level agencies or provincial-level People’s Committees to supplement and complete the schemes.

2. Based on the results of review and preliminary assessment of the technology procurement and dissemination schemes, the Ministry of Science and Technology, the Ministry of National Defence or the Ministry of Public Security shall propose the Prime Minister to consider and decide on establishment of the National Appraisal Council for Technology Procurement and Dissemination in accordance with Article 38 of this Decree.

3. After the decision on the establishment of the National Appraisal Council for Technology Procurement and Dissemination is issued, the Ministry of Science and Technology, the Ministry of National Defence or the Ministry of Public Security shall organise a meeting of the Council in accordance with Article 38 of this Decree.

4. Based on the opinions of the National Appraisal Council for Technology Procurement and Dissemination, the concerned line ministries or ministerial-level agencies or provincial-level People’s Committees shall complete the schemes and submit them to the Ministry of Science and Technology, the Ministry of National Defence or the Ministry of Public Security for summarisation and submission to the Council for consideration and conclusion.

5. On the basis of the conclusions of the National Appraisal Council for Technology Procurement and Dissemination, the Ministry of Science and Technology, the Ministry of National Defence or the Ministry of Public Security shall, within its competence, complete dossiers of technology procurement and dissemination schemes and submit them to the Prime Minister for the latter to consider and decide on whether to approve or not to approve the schemes.

Article 38. Composition and operation of the National Appraisal Council for Technology Procurement and Dissemination

1. The National Appraisal Council for Technology Procurement and Dissemination shall be composed of:

a/ A chairperson, who is a representative of the leadership of the agency receiving, reviewing, and conducting preliminary assessment of, the scheme;

b/ A representative of the leadership of the Ministry of Science and Technology, for technology procurement and dissemination schemes serving the objectives specified in Point a, Clause 1, Article 35a, as supplemented under Clause 16, Article 1 of Law No. 115/2025/QH15; or a representative of the leadership of the Ministry of National Defence or the Ministry of Public Security, for technology procurement and dissemination schemes serving the objectives specified in Point b, Clause 1, Article 35a, as supplemented under Clause 16, Article 1 of Law No. 115/2025/QH15;

c/ Representatives of the leaderships of the concerned line ministries or ministerial-level agencies;

d/ Experts in technology, intellectual property, socio-economic affairs and relevant fields.

2. Operation of the National Appraisal Council for Technology Procurement and Dissemination:

a/ The Council shall work on a collective basis and make conclusions by majority vote; in case the numbers of concurring and non-concurring opinions are equal, the opinion of the Chairperson of the Council shall prevail;

b/ The Council shall conduct appraisal through its meetings; when necessary, it may seek written opinions or organise online meetings;

c/ Council members shall study dossiers, attend meetings, give independent appraisal opinions, take responsibility for their appraisal opinions and maintain confidentiality of information;

d/ The Council may invite the line ministries or ministerial-level agencies or provincial-level People’s Committees that formulate technology procurement and dissemination schemes to attend meetings to explain and clarify contents of the schemes; when necessary, the Council may propose the Ministry of Science and Technology, the Ministry of National Defence or the Ministry of Public Security to consult independent experts for in-depth assessment of the technologies, intellectual property, socio-economic efficiency, dissemination plans and related risks.

3. Contents of appraisal of a technology procurement and dissemination scheme:

a/ Necessity for technology procurement and dissemination according to the objectives specified in Clause 1, Article 35 of this Decree; urgency and scope of the national or local issues to be addressed;

b/ Use value, level of readiness and capacity for deployment and application of the technology; suitability of the technology to the capacity for receiving, and organising the deployment of, the technology under the plan set out in the scheme;

c/ Legality of intellectual property rights and technology transfer rights; ability to ensure lawful use rights upon dissemination;

d/ Suitability and feasibility of the technology procurement plan (procurement of ownership or procurement of use rights, including the scope of rights, term, conditions and accompanying obligations;

dd/ Suitability and feasibility of the technology dissemination plan, including recipients, form of dissemination, conditions for application, implementation plan, and training and capacity transfer plan;

e/ Expected socio-economic efficiency, spill-over effects, and capacity to create breakthroughs in improving the technological capacity of Vietnamese organisations and enterprises;

g/ Reasonableness of estimated funds, funding sources and the ability to use the budget transparently and efficiently;

h/ Technical risks, legal risks and the risk control plan.

5. The appraisal conclusion of the Council must fully set out the following contents:

a/ Assessment of the necessity for technology procurement and dissemination;

b/ Assessment of the suitability of the technology, level of readiness and capacity for deployment;

c/ Assessment of the legality of intellectual property rights and transfer rights;

d/ Assessment of the feasibility of the technology procurement plan and the technology dissemination plan;

dd/ Assessment of expected efficiency and reasonableness of funds;

e/ Recommendation for approval or non-approval; in case of recommendation for approval, the conclusion must clearly state the accompanying conditions and requirements for risk control and efficiency assurance.

5. Funds for the operation of the Council shall be allocated from the source of non-business expenditures for science, technology and innovation assigned to the Ministry of Science and Technology, the Ministry of National Defence or the Ministry of Public Security for management.

The items and levels of expenditures of the National Appraisal Council for Technology Procurement and Dissemination must comply with regulations applicable to appraisal councils for special national science, technology and innovation programmes under the law on science, technology and innovation.

6. The Minister of Science and Technology shall issue the forms for performance of the procedures specified in this Article.

Article 39. Decisions approving technology procurement and dissemination schemes and organisation of technology procurement and dissemination

1. A decision of the Prime Minister approving a technology procurement and dissemination scheme must have the following principal contents:

a/ The technology approved for procurement and dissemination; objectives and scope of dissemination;

b/ Object of procurement;

c/ Form of dissemination and accompanying conditions (if any);

d/ Line ministry or ministerial-level agency or provincial-level People’s Committee assuming the prime responsibility for organising implementation;

dd/ Requirements on risk control, management, monitoring and assessment of implementation results;

e/ Funding sources for technology procurement and dissemination.

2. The agency assuming the prime responsibility for the scheme under the Prime Minister’s approval decision shall organise technology procurement and dissemination according to the approved scheme, and shall take responsibility for the efficiency and transparency in use of budget funds and results of technology dissemination.

3. The organisation of technology procurement must comply with the law on the state budget, the bidding law and other relevant laws; the selection of partners and forms of technology procurement must comply with the approved scheme on technology procurement and dissemination or a specific mechanism decided by the Prime Minister.

Section 3

DEVELOPMENT OF SOURCES OF TECHNOLOGY SUPPLY AND DEMAND OF THE SCIENCE AND TECHNOLOGY MARKET

Article 40. Determination of the demand for technology serving national, sectoral, regional and local socio-economic development strategic objectives, master plans and plans

1. Ministries, ministerial-level agencies and provincial-level People’s Committees shall determine programmes, schemes and projects that need to be implemented to realise national, sectoral, regional and local socio-economic development strategic objectives, master plans and plans.

2. Based on requirements of the programmes, schemes and projects specified in Clause 1 of this Article, ministries, ministerial-level agencies and provincial-level People’s Committees shall determine the demand for high technologies, strategic technologies, advanced technologies, clean technologies, green technologies and other necessary technologies in order to import, decode and master technologies in each specific stage.

3. The determination of the demand for high technologies, strategic technologies, advanced technologies, clean technologies, green technologies and other necessary technologies must be suitable to the capacity for technology absorption, mastering and development in Vietnam; bring about socio-economic and environmental efficiency; and contribute to improving national technological capacity, competitiveness and technological self-sufficiency.

4. Before December 31 every year, ministries, ministerial-level agencies and provincial-level People’s Committees shall make reports according to the forms set by the Minister of Science and Technology; the data collection period shall be from December 15 of the year preceding the reporting year to December 14 of the reporting year.

Article 41. Procurement, research and improvement of inventions or initiatives for transfer to enterprises for application or public dissemination

1. The State shall encourage agencies, organisations and individuals to register the publication of inventions or initiatives that have been applied effectively on a small scale on the Science and Technology Initiative Portal.

2. The State shall consider procuring, researching and improving inventions or initiatives for transfer to enterprises for application or public dissemination in one of the following cases:

a/ The inventions or initiatives are capable of being disseminated and replicated for multiple organisations, individuals and communities under practical conditions in order to solve practical issues or serve the socio-economic development of ministries, sectors and localities;

b/ The market has not yet invested or cannot itself invest in the deployment of the inventions or initiatives due to their small scale and low financial efficiency but they serve public interests and bring about social benefits.

Article 42. Order and procedures for considering the procurement, research and improvement of inventions or initiatives for transfer to enterprises for application or public dissemination

1. In pursuance to Clause 2, Article 41 of this Decree, specialised agencies of ministries, ministerial-level agencies and provincial-level People’s Committees shall formulate written proposals to procure, research and improve inventions or initiatives for transfer to enterprises for application or public dissemination, and submit them to the ministries, ministerial-level agencies or provincial-level People’s Committees. A written proposal must include the following contents:

a/ The necessity for procuring, researching and improving the invention or initiative;

b/ The socio-economic efficiency of the plan and scheme on management, exploitation, transfer and public dissemination of the invention or initiative;

c/ The legal status of the invention or initiative;

d/ Proposal on the transfer or public dissemination by the responsible agency or organisation of the invention or initiative to enterprises;

dd/ A technical and legal risk control scheme;

e/ Form of procurement;

g/ Funding estimates and sources;

h/ Other contents (if any).

2. Appraisal and approval of a proposal to procure, research and improve an invention or initiative for transfer to enterprises for application or public dissemination:

a/ Within 30 days after receiving the written proposal to procure, research and improve the invention or initiative for transfer to enterprises for application or public dissemination, the ministry, ministerial-level agency or provincial-level People’s Committee shall establish a proposal assessment council under Clause 3 of this Article;

b/ Within 10 working days after receiving conclusions of the assessment council, the ministry, ministerial-level agency or provincial-level People’s Committee shall consider approving or disapproving the proposal;

3. Assessment councils for proposals to procure, research and improve inventions or initiatives for transfer to enterprises for application or public dissemination:

a/ An assessment council for a proposal to procure, research and improve an invention or initiative for transfer to enterprises for application or public dissemination must be composed of between 5 and 7 members, including a chairperson, a vice chairperson, members and a secretary who are selected based on the principles of independence and objectivity from among representatives of state management agencies, sectoral experts, entrepreneurs, scientists, technology experts and financial experts with appropriate capacity and expertise. Other cases shall be decided by the ministry, ministerial-level agency or provincial-level People’s Committee;

b/ An assessment council for a proposal to procure, research and improve an invention or initiative for transfer to enterprises for application or public dissemination shall work on the principles of openness, transparency, fairness, democracy and objectivity. The council shall convene a meeting only with the attendance of at least two-thirds of its total members, including the chairperson or vice chairperson authorised to chair the meeting. The council members shall keep information confidential.

4. Working procedures of an assessment council for a proposal to procure, research and improve an invention or initiative for transfer to enterprises for application or public dissemination:

a/ Documents to be used at the meeting shall be sent to the council members at least 3 working days before the meeting;

b/ The council shall discuss and reach agreement on contents of the proposal and its members shall cast their votes. If two-thirds or more of the total votes are in favour, the proposal shall be approved;

c/ The council secretary shall sum up and publicly announce voting results at the meeting and make the minutes of the meeting, clearly stating such voting results, opinions of each member and conclusions of the council.

5. Conclusions of an assessment council for a proposal to procure, research and improve an invention or initiative for transfer to enterprises for application or public dissemination must include:

a/ The necessity for procuring, researching and improving the invention or initiative for transfer to enterprises for application or public dissemination;

b/ The socio-economic efficiency of the management, exploitation, transfer and public dissemination plan;

c/ The capacity of the agency or organisation in charge of transfer of the invention or initiative to enterprises for application or public dissemination;

d/ The feasibility of the technical and legal risk control plan;

dd/ Funding estimates that must comply with current regulations.

6. Funds for the operation of assessment councils for proposals to procure, research and improve inventions or initiatives for transfer to enterprises for application or public dissemination shall be allocated from funding sources for non-business science, technology and innovation activities assigned to ministries, ministerial-level agencies or provincial-level People’s Committees for management.

Expenditure items and spending norms of councils must comply with the provisions applicable to councils for consideration for grant of funding and order placement for science, technology and innovation tasks of the law on science, technology and innovation.

7. A decision on approval of a proposal to procure, research and improve an invention or initiative for transfer to enterprises for application or public dissemination must have the following contents:

a/ Name of the invention or initiative that has been applied efficiently on a small scale and is proposed for procurement, research and improvement;

b/ Form of procurement of the invention or initiative;

c/ Implementation fund;

d/ Management, exploitation, transfer and public dissemination plan;

dd/ Scope and scale of transfer to enterprises for application and public dissemination;

e/ Responsibilities of the agency or organisation assigned to manage the invention or initiative for transfer to enterprises for application or public dissemination.

8. The procurement of inventions and initiatives must comply with the laws on the state budget, bidding and other relevant laws.

If an invention or initiative is determined to be unique, the procurement of the invention or initiative may apply the mode of contractor appointment in accordance with the law on bidding.

9. The Minister of Science and Technology shall provide forms for performance of the procedures specified in this Article.

Article 43. Promotion of the exploitation and use of scientific research, technological development and innovation results and technological ideas

1. The State shall create favourable conditions for innovative startup enterprises, innovative startup individuals and groups of innovative startup individuals, innovation centres, innovative startup support centres, technology incubators, science and technology enterprise incubators and hi-tech enterprise incubators to exploit and use scientific research, technological development and innovation results and technological ideas on the National Digital Platform for Science, Technology and Innovation Management.

2. The subjects specified in Clause 1 of this Article shall announce and publicise results obtained from the exploitation and use of scientific research, technological development and innovation results and technological ideas on the Science and Technology Initiative Portal.

Article 44. Assessment and appraisal of new technologies and products created in Vietnam from scientific research, technological development and innovation results

1. A technology created from scientific research, technological development and innovation results shall be determined to be a new technology when it simultaneously satisfies the following conditions:

a/ Having been created for the first time in Vietnam from scientific research, technological development and innovation results with novelty, creativity and a technological level higher than that of existing technologies of the same type;

b/ Being capable of creating new products with higher quality and competitiveness compared to products created from existing technologies of the same type.

2. A new product created in Vietnam from scientific research, technological development and innovation results must simultaneously satisfy the following conditions:

a/ Possessing a new structure, feature, utility or a superior use value compared to products of the same type currently available on the Vietnamese market;

b/ Possessing higher efficiency or accuracy than that of existing products of the same type.

3. Organisations and individuals shall submit application dossiers online via the National Public Service Portal, by hand delivery or by post to the single-window division of the specialised agency in charge of science and technology under the provincial-level People’s Committee. A dossier must comprise:

a/ A written request for assessment and appraisal of the new technology or new product created in Vietnam from scientific research, technological development and innovation results;

b/ Commentaries about results of the testing and application of the new technology or new product;

c/ Documents proving the lawful ownership of the new technology or new product; documents proving technical characteristics and efficiency and quality in comparison with corresponding features of equivalent imported technologies or products or those currently being used in other countries, and other relevant documents (if any);

The agency receiving and settling administrative procedures shall exploit and use information available in databases published by the database managing bodies to replace such components in the application dossier. In case information cannot be exploited or exploited information is incomplete or inaccurate, the agency or person competent to receive and settle administrative procedures shall request the individual or organisation to supplement the dossier.

4. Order and procedures for assessment and appraisal of new technologies and new products created in Vietnam from scientific research, technological development and innovation results:

a/ Within 3 working days after receiving the dossier of request for assessment and appraisal of a new technology or new product created in Vietnam from scientific research, technological development and innovation results, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall send the organisation or individual a notice of dossier processing results, requesting dossier modifications or supplementations (if any). In case the dossier fails to meet the requirements, it shall issue a written reply, clearly stating the reason;

b/ Within 15 working days after receiving a valid dossier, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall establish a new technology/new product assessment and appraisal council.

The composition and working principles and methods of the new technology/new product assessment and appraisal council must comply with relevant provisions of Clauses 1, 2, 3 and 5, Article 13 of this Decree.

c/ Within 15 working days after the new technology/new product assessment and appraisal council is established, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall hold a meeting of the council based on the working order specified in Clause 5 of this Article.

In case of necessity, the new technology/new product assessment and appraisal council may propose the specialised agency in charge of science and technology under the provincial-level People’s Committee to carry out an on-site inspection and assessment of the testing and application of the new technology or new product.

d/ Within 7 working days after receiving the meeting minutes of the new technology/ new product assessment and appraisal council, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall issue a notice of the new technology/new product recognition results. In case the dossier is not approved, it shall issue written notice, clearly stating the reason.

5. Working procedures of the new technology/new product assessment and appraisal council:

a/ Documents to be used at the meeting shall be sent to the council members at least 3 working days before the meeting;

b/ The council shall discuss and reach agreement on contents of the dossier of request for assessment and appraisal of the new technology or new product created in Vietnam from scientific research, technological development and innovation result, and its members shall cast their votes. If two-thirds or more of the total votes are in favour, the new technology or new product shall be recognised;

c/ The council secretary shall sum up and publicise council’s voting results at the meeting, and make the meeting minutes, clearly stating voting results, opinions of each member and conclusion of the council.

6. Fund for the assessment and appraisal of new technologies and new products:

a/ After receiving a dossier of request for assessment and appraisal of a new technology or new product, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall formulate funding estimates for activities of the new technology/new product assessment and appraisal council under the provisions applicable to technology assessment, appraisal and inspection councils of the Government’s Decree No. 265/2025/ND-CP of October 14, 2025, detailing and guiding the implementation of a number of articles of the Law on Science, Technology and Innovation concerning finance and investment in science and technology and other relevant laws.

In case of necessity, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall formulate fund estimates based on the workload, contents and practical expenses necessary for new technology/new product assessment and appraisal activities.

The fund estimates shall be sent to the applicant;

b/ In case the new technology/new product assessment and appraisal council requests the applicant to arrange necessary conditions for a new technology/new product assessment and appraisal team to carry out on-site testing and application, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall prepare additional funding estimates for the council’s activities and send it to the applicant;

c/ Within 5 working days after receiving the notice of the specialised agency in charge of science and technology under the provincial-level People’s Committee, the applicant shall express its/his/her agreement or disagreement with the funding estimates for the council’s activities. If it/he/she disagrees with the notified funding estimates, the specialised agency shall hold a working session with it/him/her to discuss and reach a written consensus. In case a consensus on the funding estimates cannot be reached, the specialised agency shall suspend the processing of the dossier and return it to the applicant;

d/ In case the applicant agrees with the notified funding estimates, the specialised agency shall continue to implement the estimates under regulations;

dd/ The applicant shall fulfill it/his/her financial obligations related to new technology/new product assessment and appraisal expenses in accordance with the agreed contents, schedule and estimates;

e/ The formulation of funding estimates, management and use of new technology/new product assessment and appraisal expenses must ensure the openness and transparency and comply with the laws on anti-corruption and thrift practice and waste combat.

7. Within 3 working days from the date of issuance of the decision, the specialised agency in charge of science and technology under the provincial-level People’s Committee shall publish a notice of results of the recognition of the new technology or new product created in Vietnam from scientific research, technological development and innovation results on the portal of the provincial-level People’s Committee and the Science and Technology Initiative Portal.

8. A notice of results of the recognition of the new technology or new product created in Vietnam from scientific research, technological development and innovation results shall serve as a basis for promoting the use of such technology or product in investment projects funded by the state budget and receiving incentives in accordance with the bidding law.

9. The Ministry of Science and Technology shall providee forms for performance of the procedures specified in this Article.

Article 45. Training, upskilling and promoted participation of organisations and individuals in the commercialisation of scientific research, technological development and innovation results, and the development of the science and technology market

1. Contents of training and upskilling to raise the capacity to absorb and master technologies include training on technology management, technology governance, updating new technologies and technology seeking; technology negotiation and transfer; skills for effective operation and exploitation of technologies; technology adaptation, improvement and decoding; intensive upskilling on technology-based product design and development, and other contents suitable to the practical socio-economic development.

2. Activities supporting the training and upskilling to raise the capacity to absorb and master technologies for enterprises:

a/ Investigating, surveying and assessing training needs of enterprises; surveying and assessing impacts and efficiency of training and upskilling activities; managing, inspecting and assessing the organisation of enterprise training and upskilling activities nationwide;

b/ Designing training and upskilling frameworks regarding the contents specified in Clause 1 of this Article;

c/ Developing training programmes and plans, compiling training contents and materials and printing textbooks and documents for training and upskilling activities;

d/ Training and upskilling lecturers and collaborators who participate in training and upskilling courses for enterprises.

3. Forms of organising training and reskilling include concentrated, on-site (at enterprises), online training and other forms.

4. Support funding sources shall be allocated from non-business science, technology and innovation expenditures of the central budget and local budgets; the national technology innovation fund; the science, technology and innovation development funds of ministries, ministerial-level agencies, government-attached agencies, other central agencies and provincial-level People’s Committees; the science and technology development funds of enterprises, organisations and public non-business units; and science, technology and innovation programmes and tasks.

Article 46. Support for linkage and exchange of scientific and technological personnel between research institutions or training institutions and production and business establishments

1. Research institutions or training institutions that link and exchange scientific and technological personnel with production and business establishments shall receive support under science, technology and innovation programmes and tasks.

2. Individuals belonging to research institutions or training institutions who carry out technology research, transfer, application and innovation activities at production and business establishments shall receive the following support:

a/ To be prioritised for inclusion in the national database on science, technology, innovation and digital transformation experts;

b/ For individuals belonging to research institutions or higher education institutions, their working time at enterprises shall be counted into their period of scientific research.

3. Individuals belonging to production and business establishments who carry out technology research, transfer, application and innovation activities at research institutions or training institutions shall receive the following support:

a/ To be prioritised for participation in training and upskilling courses to raise their capacity to absorb and master technologies;

b/ To be prioritised for participation in science, technology and innovation programmes and tasks.

Article 47. Exploitation and provision of technological information

1. Technological information includes information on technology, technical knowhow, technological knowhow, inventions, scientific research, technological development and innovation results, technologies available for transfer, demand for technology of enterprises, and innovation-related information.

2. Organisations and individuals may exploit technological information from databases on science, technology and innovation, the national information system on science, technology and innovation, science and technology exchanges, and other lawful information sources as specified by law.

3. State management agencies, science and technology organisations and intermediary organisations of the science and technology market shall:

a/ Collect, update, standardise and announce technological information within the ambit of their functions and tasks;

b/ Provide information on technologies available for transfer, applicable and commercialisable scientific research, technological development and innovation results, technology demand of enterprises, and information serving innovation activities;

c/ Provide support for organisations and individuals in seeking, exploiting, evaluating and selecting technologies;

d/ Connect technology supply and demand through science and technology exchanges and other law-specified forms of connection.

4. The exploitation and provision of technological information must comply with the law on protection of state secrets and intellectual property, and other relevant laws.

Section 4

DEVELOPMENT OF INTERMEDIARY ORGANISATIONS OF THE SCIENCE AND TECHNOLOGY MARKET

Article 48. Support for the development of intermediary organisations of the science and technology market

1. Entities eligible for support:

a/ Organisations providing services of technology transfer brokerage, consultancy and promotion, technology evaluation, valuation and assessment;

b/ Organisations providing services of connection of and support for technology suppliers and demanders and other parties in technology-related transactions, including: technology research and development support and commercialisation services; intellectual property, standardisation, metrology and quality services; investment consultancy, trade promotion, innovation support, innovative startup support, technology incubation, enterprise incubation; seeking and connection of technology supply and demand; support for the improvement, exploitation, development and transfer of technologies.

2. Contents of support:

a/ Entitlement to use national databases on technologies, technological products, scientific research and technological development results, intellectual property assets, innovation systems and innovative startup ecosystems;

b/ Permission for the reference to, collection and provision of, information on technologies, intellectual property, standardisation, metrology, quality, technology experts, and technology demand; building databases and tools for exploitation of databases on the science and technology market to serve the state management;

c/ Brokerage, consultancy and promotion of technology transfer; dissemination of scientific research and technological development results and technological ideas;

d/ Organisation of, and participation in, domestic and international events on technology market development promotion, invention commercialisation and innovative startups;

dd/ Hiring of domestic and foreign advisory experts; and organisation of training on technology transfer brokerage and promotion; technology evaluation, valuation and assessment; intellectual asset management; commercialisation of scientific research and technological development results; innovative startup support;

e/ Investigation and survey to acquire information, study and evaluation of the demand for products, commodity lines and markets; hiring of advisory experts for product development, product quality improvement, product export and penetration into foreign markets; hiring of experts to study, advise and evaluate markets and products;

g/ Provision of support for the use of technical facilities, technology incubators, science and technology enterprise incubators, co-working spaces and other supporting infrastructure; provision of consultations on seeking, selection, decoding, receipt and transfer of technologies to meet the demand of organisations and enterprises.

3. Forms of support: Through the national programme on the development of the science and technology market; science, technology and innovation tasks and programmes; provision of support for raising the scientific and technological capacity; provision of support for the development of innovation systems and innovative startup ecosystems, and the promotion of innovation and innovative startup culture that are assigned to intermediary organisations of the science and technology market to carry out.

4. Support funding sources shall be allocated from the non-business funding sources for science, technology and innovation, the national programme on the development of the science and technology market, national programmes on science, technology and innovation and other programmes managed by ministries, sectors and localities.

5. The competence, order, procedures and levels of support must comply with the law on science, technology and innovation, and the law on the state budget.

The competence, order, procedures and levels of funding support from other programmes managed by ministries, sectors and localities must comply with current relevant regulations.

Article 49. Construction and development of infrastructure, provision of support for the operation and mobilisation of resources for intermediary organisations of the science and technology market

1. The State shall build and develop physical infrastructure, digital infrastructure, technological platforms and technical systems of science and technology exchanges, innovation centres, innovative startup support centres and intermediary organisations of the science and technology market to serve technology brokerage, consultancy, promotion, linkage and transfer activities so as to promote the market’s development.

2. The State shall provide support for the operation of science and technology exchanges, innovation centres, innovative startup support centres and intermediary organisations of the science and technology market through facilitating the technology brokerage, consultancy and promotion, connection of technology supply and demand, provision and sharing of information, organisation of events, training, capacity building and other intermediary professional activities to promote the market’s development.

3. The State shall encourage and create conditions for public-private partnerships, and mobilisation of social resources for the construction, management and operation of infrastructure and organisation of the operation of intermediary organisations of the science and technology market.

Article 50. Public-private partnership and mobilisation of social resources for the development of intermediary organisations

1. The State shall promote public-private partnership in the building, management and operation of science and technology exchanges, innovation centres, innovative startup support centres and intermediary organisations of the science and technology market.

2. Public-private partnership specified in Clause 1 of this Article must comply with the law on investment in the form of public-private partnership and other relevant laws.

3. The mobilisation of social resources for the development of intermediary organisations, science and technology exchanges, innovation centres, innovative startup support centres and intermediary organisations of the science and technology market must adhere to the principles of voluntariness, equality and transparency, be in line with development orientation of the science and technology market, ensure the harmony of interests of the State, organisations and enterprises, and adhere to law-specified competition principles.

Article 51. Measures to encourage organisations and individuals to be engaged in technology transfer brokerage, consultancy and promotion activities

Organisations and individuals engaged in technology transfer brokerage, consultancy and promotion activities in research institutions and training institutions are entitled to the following priorities:

1. Participation in the State’s support programmes and policies on technology transfer, technology innovation and the development of the science and technology market in accordance with law.

2. Publicisation and introduction of technology information, and technology research results and transfer demand of organisations and individuals specified in Clause 1 of this Article on science and technology exchanges and information platforms managed by state agencies.

3. Introduction of products created from technologies that are put for transfer brokerage, consultancy and promotion in trade promotion programmes, and domestic and international technology demonstration and introduction events.

4. Support in the registration, protection and exploitation of intellectual property rights, and the formulation, application and improvement of quality standards and technical regulations for products and goods created from transferred technologies.

5. Participation in training, upskilling and coaching activities on technology transfer brokerage, consultancy and promotion organised for organisations and individuals operating within research and training institutions.

6. Participation in and connection to networks of domestic and international organisations and individuals engaged in technology transfer consultancy, brokerage and promotion activities; participation in connection and cooperation forums and programmes organised or co-organised by competent state agencies.

7. Exploitation and use of databases and information systems on technology, intellectual property and scientific research and technological development results to serve technology transfer consultancy, brokerage and promotion activities in accordance with law.

Article 52. Formation of networks linking technology consultancy and transfer activities at home and abroad

1. Networks linking technology consultancy and transfer activities at home and abroad shall be formed on the basis of linkages of intermediary organisations of the science and technology market, research institutions, training institutions, enterprises and other organisations and individuals in order to facilitate technology consultancy, brokerage, promotion, transfer, application and innovation activities for enterprises.

2. Organisations and individuals participating in the networks specified in Clause 1 of this Article are prioritised for enjoying support in the forms specified in Clause 3, Article 48 of this Decree.

Section 5

LAUNCH, DEMONSTRATION AND INTRODUCTION OF TECHNOLOGIES

Article 53. Support for launch, demonstration and introduction of technologies

Enterprises, organisations and individuals possessing new technologies created at home or products created from domestic technologies are entitled to financial support from the state budget when participating in the launch, demonstration and introduction of technologies as well as domestic and foreign technology markets and fairs, including:

1. Organising conferences and seminars at home and abroad; demonstrating and introducing new and advanced technologies; organising events for technology transfer promotion and science and technology market connection at home and abroad; organising trade promotion events and trade missions at home and abroad; receiving foreign delegations entering Vietnam to participate in fairs, exhibitions, market surveys and transactions with Vietnam’s enterprises.

2. Paying travelling expenses and per diem allowances for persons going on domestic and foreign business trips.

3. Renting venues and premises, transporting equipment, designing and setting up booths, and managing communications for events.

4. Carrying out investigations and surveys to acquire information; studying and evaluating demands for products, commodity lines and markets; hiring advisory experts for product development, product quality improvement, product export and penetration into foreign markets; hiring experts for market and product survey, consultancy, and evaluation.

5. Carrying out public communication, providing information, and compiling and distributing publications on technologies.

6. Other activities as specified by law.

Article 54. Methods of providing support for launch, demonstration and introduction of technologies

Enterprises, organisations and individuals whose activities comply with Article 53 of this Decree shall be considered for support through:

1. The national programme on the development of the science and technology market and other programmes managed by ministries, sectors and localities.

2. Activities for the development of innovation systems and innovative startup ecosystems, and the promotion of innovation and innovative startup culture specified in Point b, Clause 1, Article 60 of the Government’s Decree No. 268/2025/ND-CP of October 14, 2025, detailing and guiding the implementation of a number of articles of the Law on Science, Technology and Innovation regarding innovation; promotion of science, technology and innovation activities within enterprises; recognition of innovation centres and provision of support for innovative startups; recognition of individuals and enterprises engaged in innovative startup activities; and building of innovative startup infrastructure, networks and ecosystems.

Chapter VI

COMPETENCE, AND ORDER, PROCEDURES AND CONDITIONS FOR OPERATION, OF TECHNOLOGY EVALUATION, VALUATION AND ASSESSMENT ORGANISATIONS

Article 55. Special conditions on human resources and techno-physical foundations of organisations engaged in technology valuation activities

An organisation engaged in technology valuation activities must possess a certificate of eligibility for provision of valuation services in accordance with the law on price and satisfy the following conditions:

1. Having at least 2 experts with professional qualifications and the ability to exploit information systems, databases, tools, technical means, software and methods necessary for applying technology valuation methods in accordance with law.

2. Having a stable workplace with conditions to ensure the safety and confidentiality of dossiers, documents and data related to technology valuation activities.

3. Having an information and data system, or lawful access to necessary databases to serve the collection, analysis, comparison, and valuation of technologies.

4. Having necessary tools, technical means, software or methods to apply technology valuation methods in accordance with law.

5. Having written internal procedures for conducting technology valuation, controlling the quality of technology valuation, and archiving records, and retrieving technology valuation results.

Article 56. Conditions for issuance of certificates of eligibility for provision of technology evaluation services

When registering for issuance of a certificate of eligibility for provision of technology evaluation services, an enterprise or organisation must satisfy the following conditions:

1. Having been established and registered its operation in accordance with law.

2. Having at least 2 experts, each possessing a university or higher degree in a discipline relevant to the technological field subject to valuation and having at least 2 years’ working experience in such technological field.

In case of addition of a technological field subject to valuation, the enterprise or organisation must have at least 2 technology evaluation experts in such technological field who satisfy the conditions specified in this Clause.

3. Having introduced its technology evaluation methods and processes.

Article 57. Procedures for issuance of certificates of eligibility for provision of technology evaluation services

1. Issuance of a certificate of eligibility for provision of technology evaluation services:

a/ An enterprise or organisation registering for provision of technology evaluation services shall submit one dossier of application for a certificate of eligibility for provision of technology evaluation services online via the National Public Service Portal, or by hand delivery or by post to the single-window division of the provincial-level People’s Committee that has issued its business registration certificate (for enterprises), or the provincial-level People’s Committee where it has registered its establishment (for organisations);

b/ In case of an incomplete or invalid dossier, within 3 working days after receiving it, the provincial-level People’s Committee shall issue a notice thereof to the dossier submitter;

c/ Within 10 working days after receiving a complete and valid dossier under regulations, the provincial-level People’s Committee shall issue a certificate of eligibility for provision of technology evaluation services. In case of refusal to issue the certificate, it shall reply in writing, clearly stating the reason.

2. Modification or supplementation of a certificate of eligibility for provision of technology evaluation services:

a/ The modification or supplementation of a certificate of eligibility for provision of technology evaluation services shall be carried out when the organisation that is the certificate holder requests the addition, expansion or narrowing of technological fields subject to evaluation or changes its technology evaluation experts;

b/ The order for issuance of a modified or supplemented certificate of eligibility for provision of technology evaluation services must comply with Clause 1 of this Article.

3. Re-issuance of a certificate of eligibility for provision of technology evaluation services:

a/ A certificate of eligibility for provision of technology evaluation services shall be re-issued in case the certificate is lost or the certificate holder changes its name or address.;

b/ Within 5 working days after receiving the complete dossier under regulations, the provincial-level People’s Committee shall re-issue the certificate. In case the dossier submitter fails to meet the specified requirements, the provincial-level People’s Committee shall reply in writing, clearly stating the reason.

4. The Minister of Science and Technology shall provide the forms as specified in this Article.

Article 58. Dossiers for issuance of certificates of eligibility for provision of technology evaluation services

1. A dossier for issuance of a certificate of eligibility for provision of technology evaluation services must comprise:

a/ An application for the certificate;

b/ A copy of the establishment decision, for organisations, or the enterprise registration certificate or investment registration certificate, for enterprises. The agency receiving and settling administrative procedures shall proactively exploit and use information available in relevant databases published by database-managing agencies to replace the required dossier components for settling administrative procedures. In case information cannot be exploited, or exploited information is incomplete or inaccurate, the agency shall send a written request to the individual or organisation for supplementation of the dossier components, clearly stating the reason. The duration for requesting and making the dossier supplementation shall not be included in the time limit for settling administrative procedures.

c/ A list of technology evaluation experts, containing the name, year of birth, qualifications, training field, number of years of working in the technological field subject to evaluation of each expert, enclosed with relevant documents, including the agreement on cooperation between the expert and the organisation; certified copies of degrees and diplomas as specified in Clause 2, Article 56 of this Decree, summary of experience in technology evaluation and documents proving such experience of the expert.

The list of technology evaluation experts and summaries of their experience in technology evaluation shall be made according to the form provided by the Minister of Science and Technology;

d/ Documents explaining technology evaluation methods and processes for each technological field subject to evaluation.

2. A dossier for modification or supplementation of a certificate of eligibility for provision of technology evaluation services must comprise:

a/ A written request for modification or supplementation of the certificate;

b/ A modified or supplemented list of technology evaluation experts, containing the name, year of birth, qualifications, training field, number of years of working in the technological field subject to evaluation of each expert, enclosed with relevant documents, including the agreement on cooperation between the expert and the organisation; certified copies of degrees and diplomas as specified in Clause 2, Article 56 of this Decree, summary of experience in technology evaluation and documents proving such experience of the expert.

The organisation’s modified or supplemented list of technology evaluation experts and summaries of their experience in technology evaluation.

3. A dossier for re-issuance of a certificate of eligibility for provision of technology evaluation services must comprise a written request for re-issuance of the certificate.

4. The Minister of Science and Technology shall provide the forms as specified in this Article.

Article 59. Conditions for issuance of certificates of eligibility for provision of technology assessment services

When registering for issuance of a certificate of eligibility for provision of technology assessment services, an enterprise or organisation must satisfy the following conditions:

1. Having been established and registered its operation in accordance with law.

2. Having a management system and operation capacity meeting the requirements specified in national standard TCVN ISO/IEC 17020 or international standard ISO/IEC 17020 or national standards or international standards on specialised assessment.

3. Having at least 2 full-time assessors in the technological field subject to assessment (who are public employees or employees working under labour contracts of a term of at least 12 months or labour contracts of an indefinite term), satisfying the following conditions:

a/ Possessing a university or higher degree in a professional field relevant to the technological field subject to assessment;

b/ Having been trained in national standard TCVN ISO/IEC 17020 or international standard ISO/IEC 17020 or national standards or international standards for specialised assessment;

c/ Having worked for at least 2 years in the technological field subject to assessment.

In case of addition of a technological field subject to assessment, the organisation or enterprise must have at least 2 assessors in such field who satisfy the conditions specified in this Clause.

Article 60. Procedures for issuance of certificates of eligibility for provision of technology assessment services

1. Issuance of a certificate of eligibility for provision of technology assessment services:

a/ An enterprise or organisation registering for provision of technology assessment services shall submit one dossier of application for a certificate of eligibility for provision of technology assessment services online via the National Public Service Portal, or by hand delivery or by post to the single-window division of the provincial-level People’s Committee that has issued the business registration certificate (for enterprises), or the provincial-level People’s Committee where it has registered its establishment (for organisations);

b/ In case of an incomplete or invalid dossier, within 3 working days after receiving it, the provincial-level People’s Committee shall issue a notice thereof to the dossier submitter;

c/ Within 10 working days after receiving a complete and valid dossier under regulations, the provincial-level People’s Committee shall issue a certificate of eligibility for provision of technology assessment services. In case of refusal to issue the certificate, it shall reply in writing, clearly stating the reason.

2. Modification or supplementation of a certificate of eligibility for provision of technology assessment services:

a/ The modification or supplementation of a certificate of eligibility for provision of technology assessment services shall be carried out when the certificate holder requests the addition, expansion or narrowing of technological fields subject to assessment, or changes its technology assessment experts;

b/ Procedures for issuance of a modified or supplemented certificate of eligibility for provision of technology assessment services must comply with Clause 1 of this Article.

3. Re-issuance of a certificate of eligibility for provision of technology assessment services:

a/ A certificate of eligibility for provision of technology assessment services shall be re-issued when the certificate is lost or the certificate holder changes its name or address;

b/ Within 5 working days after receiving a complete dossier under regulations, the provincial-level People’s Committee shall re-issue the certificate. In case the dossier submitter fails to meet the specified requirements, the provincial-level People’s committee shall reply in writing, clearly stating the reason.

4. The Minister of Science and Technology shall provide the forms specified in this Article.

Article 61. Dossiers for issuance of certificates of eligibility for provision of technology assessment services

1. A dossier for issuance of a certificate of eligibility for provision of technology assessment services must comprise:

a/ An application for the certificate;

b/ A copy of the establishment decision, for organisations, or the enterprise registration certificate or investment registration certificate, for enterprises. The agency receiving and settling administrative procedures shall proactively exploit and use information available in relevant databases built by competent state agencies to replace the required dossier components for settling administrative procedures. In case information cannot be exploited, or exploited information is incomplete or inaccurate, the agency shall send a written request to the individual or organisation for supplementation of the dossier components, clearly stating the reason. The duration for requesting and making the dossier supplementation shall not be included in the time limit for settling administrative procedures;

c/ Documents proving the assessment operation capacity meeting the requirements specified in Clause 2, Article 59 of this Decree;

d/ A list of technology assessors, enclosed with relevant documents on each assessor, including a copy of the recruitment decision or labour contract, certified copies of their degrees and certificates as specified in Points a and b, Clause 3, Article 59 of this Decree, and a summary of technology assessment experience, and documents proving such experience of the assessor.

The organisation’s list of technology assessors and summary of their experience in technology assessment shall be made according to the forms provided by the Minister of Science and Technology;

dd/ Documents explaining technology assessment methods and processes for each technological field subject to assessment;

e/ Model assessment certification deeds of the organisation.

2. A dossier for modification or supplementation of a certificate of eligibility for provision of technology assessment services must comprise:

a/ A written request for modification or supplementation of the certificate;

b/ A modified or supplemented list of technology assessors, containing the name, year of birth, qualifications, training field, number of years of working in the technological field subject to assessment of each assessor, enclosed with relevant documents, including a copy of the recruitment decision or labour contract, certified copies of their degrees and certificates as specified in Points a and b, Clause 3, Article 59 of this Decree, a summary of technology assessment experience, and documents proving such experience of the assessor.

The organisation’s modified or supplemented list of technology assessors and summaries of their experience in technology assessment shall be made according to the forms provided by the Minister of Science and Technology;

3. A dossier for re-issuance of a certificate of eligibility for provision of technology assessment services must comprise a written registration for re-issuance of the certificate.

4. The Minister of Science and Technology shall provide the forms specified in this Article.

Article 62. Competence to issue certificates of eligibility for provision of technology evaluation or assessment services

The issuance, modification, supplementation, and re-issuance of certificates of eligibility for provision of technology evaluation or assessment services as specified in Articles 57, 58, 60 and 61 of this Decree shall be carried out by provincial-level People’s Committees that have issued business registration certificates to enterprises, or establishment registration certificates to organisations.

Article 63. Reporting responsibility of technology evaluation or assessment organisations and agencies competent to certify the eligibility for provision of technology evaluation or assessment services

1. Technology evaluation or assessment organisations shall send reports on technology evaluation or assessment activities to agencies competent to certify the eligibility for provision of technology evaluation or assessment services before December 31 every year. The data collection period shall be from December 15 of the year preceding the reporting year to December 14 of the reporting year.

2. Agencies competent to certify the eligibility for provision of technology evaluation or assessment services shall send reports on issuance of certificates of eligibility for provision of technology evaluation or assessment services to the Ministry of Science and Technology for unified management and announcement on the latter’s portal before January 31 every year. The data collection period shall be from December 15 of the year preceding the reporting year to December 14 of the reporting year.

3. The Minister of Science and Technology shall provide the forms specified in this Article.

Chapter VII

ORGANISATION OF IMPLEMENTATION

Article 64. Responsibilities of the Ministry of Science and Technology

1. To act as the focal point to assist the Government in performing the unified state management of technology transfer nationwide; to assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies, and People’s Committees at all levels in, organising the implementation of this Decree.

2. To assume the prime responsibility for:

a/ Providing professional and technical guidance on technology appraisal, evaluation, and assessment; registration and licensing of technology transfer; technology examination inspection and supervision of investment projects and examination and supervision of technology transfer activities; purchase of research results for dissemination; import, decoding, mastering, application and innovation of technologies; and development of intermediary organisations in the science and technology market;

b/ Providing forms of dossiers and reports related to procedures for implementing the policies specified in this Decree;

c/ Building, managing and guiding the exploitation and operation of digital platforms and databases on technologies, technology transfer activities, and technology appraisal to serve the management work.

d/ Assuming the prime responsibility for, and coordinating with related ministries and ministerial-level agencies in, formulating the national programme on development of the science and technology market, and submitting it to the Prime Minister for approval.

3. To assume the prime responsibility for, and coordinate with line ministries in, organising the examination and supervision of the implementation of regulations on technology transfer under their competence; to summarise the implementation thereof and report it to the Government under regulations.

Article 65. Responsibilities of ministries and ministerial-level agencies

1. To organise the implementation of this Decree for the fields under their state management.

2. To assume the prime responsibility for, and coordinate with one another in appraising and giving opinions on technologies; to carry out technology inspection and supervision in investment projects according to their competence.

3. To guide, urge and examine agencies, organisations and individuals under their management in the compliance with the law on technology transfer.

4. To report periodically or upon requests on the situation and results of the implementation of this Decree to the Ministry of Science and Technology.

Article 66. Responsibilities of provincial-level People’s Committees

1. To organise, guide and inspect the implementation of this Decree according to their competence.

2. To organise the appraisal of, and give opinions on, technologies; to register technology transfer; to examine technology transfer activities in their localities; to conduct technology examination and supervision according to their competence, and examine and supervise the implementation of support and incentive policies for technology transfer, import, decoding, mastery, application, and innovation, and development of the science and technology market in the localities.

3. To ensure necessary resources for performing the state management tasks regarding technology transfer in the localities.

4. To report periodically or upon requests to the Ministry of Science and Technology for summary on technology appraisal and consultation results, activities related to the issuance of certificates, registration and licensing of technology transfer, and the issuance of certificates of eligibility for technology evaluation or assessment activities carried out according to their decentralised competence.

Article 67. Responsibilities of organisations and individuals participating in technology transfer activities

1. To comply with the Law on Technology Transfer and this Decree.

2. To provide information, dossiers and documents in a truthful and complete manner as required by competent state agencies.

3. To implement reporting and registration regimes, realise their commitments, and perform other obligations in accordance with law.

4. To take responsibility before law for the accuracy and truthfulness of information and documents related to technology transfer activities.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 68. Transitional provisions

1. For a technology transfer agreement concluded by parties before July 1, 2018, after this Decree takes effect, if the parties wish to extend the time limit of, amend or supplement the content of technology transfer activities subject to technology transfer registration under Clause 1, Article 31 of Law No. 07/2017/QH14, which is amended and supplemented under Clause 14, Article 1 of Law No. 115/2025/QH15, the order and procedures for registering the time limit extension, amendment or supplementation must comply with Clauses 2, 3 and 4, Article 33 of No. 07/2017/QH14, and the relevant provisions of this Decree.

2. For a technology transfer agreement concluded by parties before July 1, 2018, after this Decree takes effect, if the parties wish to register technology transfer, the order and procedures for registration must comply with Clauses 3 and 5, Article 32 of Law No. 07/2017/QH14, and the relevant provisions of this Decree.

In case of registration for extension of the time limit for, or amendment or supplementation of, technology transfer, the order and procedures for registration thereof must comply with Clauses 2, 3 and 4, Article 33 of Law No. 07/2017/QH14, and the relevant provisions of this Decree.

3. Dossiers of request for registration of technology transfer, extension of time limits for technology transfer, or amendment or supplementation of technology transfer contents which were received by competent agencies before the effective date of this Decree, but remain unprocessed after the effective date of this Decree, must comply with Law No. 07/2017/QH14, which is amended and supplemented under Law No. 16/2023/QH15 and the Government’s Decree No. 76/2018/ND-CP of May 15, 2018, detailing and guiding the implementation of a number of articles of the Law on Technology Transfer.

4. Dossiers of request for approval and licensing of technology transfer which were received by competent agencies before the effective date of this Decree, but remain unprocessed after the effective date of this Decree, must comply with Law No. 07/2017/QH14, amended and supplemented under Law No. 16/2023/QH15 and the Government’s Decree No. 133/2025/ND-CP of June 12, 2025, on the delegation and decentralisation of powers in the fields under the state management of the Ministry of Science and Technology.

5. Dossiers of request for technology appraisal or consultation in the stage of consideration for investment policy approval or investment decision, which were received by competent agencies before the effective date of this Decree, but remain unprocessed after the effective date of this Decree, must comply with Law No. 07/2017/QH14, amended and supplemented under Law No. 16/2023/QH15; Law No. 93/2025/QH15; and Law No. 50/2014/QH13 on Construction, amended and supplemented under Law No. 03/2016/QH14, and Law No. 62/2020/QH14.

6. Intermediary organisations of the science and technology market that have been recognised before the effective date of this Decree shall:

a/ Continue to operate until the expiration of their recognition period;

b/ Comply with this Decree when requesting the extension of their operation duration, or re-recognition.

Article 69. Effect

1. This Decree takes effect on April 1, 2026.

2. The Government’s Decree No. 76/2018/ND-CP of May 15, 2018, ceases to be effective on the date effective date of this Decree.

3. To annul Articles 1 thru 9 of the Government’s Decree No. 15/2026/ND-CP of January 14, 2026, amending and supplementing a number of articles of the Decrees on reduction and simplification of administrative procedures related to production and business activities in the fields under the state management of the Ministry of Science and Technology.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and Chairpersons of provincial-level People’s Committees shall implement this Decree.

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
NGUYEN CHI DUNG

* The Appendices to this Decree are not translated.