Decree No. 51/2019/ND-CP penalties for administrative violations in technology transfer

DECREE
On sanctioning administrative violations 
in scientific and technological activities and technology transfer

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Science and Technology dated June 18, 2013;

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

At the request of the Minister of Science and Technology;

The Government issued a Decree on sanctioning administrative
violations in scientific and technological activities and technology transfer.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree stipulates acts of violation, their sanctions, sanctioning forms, remedial measures and sanctioning jurisdiction of administrative sanctions in scientific and technological activities as well as technology transfer.

2. Acts of administrative violation in the fields of state management related to scientific and technological activities and technology transfer, which are not prescribed in this Decree, shall comply with the provisions of other decrees on sanctioning of administrative violations in such fields.

Article 2. Subjects of application

1. This Decree shall be applied to individuals and organizations in the field of science - technology and technology transfer; competent persons to make records; competent persons to sanction administrative violations in scientific and technological activities and technology transfer.

2. Organizations prescribed in Clause 1 of this Article include:

a) Scientific and technological organizations under the provisions of the Law on Science and Technology;

b) Economic organizations under the provisions of the Law on Enterprises;

c) Economic organizations under the provisions of the Law on Cooperatives;

d) State agencies committing acts of violation apart from their assigned state management tasks;

d) Socio-political organizations, political socio-professional organizations, social organizations, socio-professional organizations;

e) Other legal organizations established in accordance with the laws.

3. Business households and cooperatives violating the provisions of this Decree shall be applied with sanctions as such for individuals.

Article 3. Sanctioning forms, fine levels and sanctioning jurisdiction

1. For each act of administrative violation in scientific and technological activities and transfer of technology, individuals and organizations shall be subject to warning or fine.

2. The maximum fine level in scientific and technological activities and technology transfer is VND 50,000,000 for individuals and VND 100,000,000 for organizations.

3. The fine levels prescribed in Chapter II of this Decree are the fine levels applicable to individuals. Organizations with the same acts of violation, the fine level shall be 2 times more than the fine for individuals.

4. Depending on the nature and seriousness of the violations, individuals and organizations with acts of violation shall also be subject to one or more additional sanctioning forms as following:

a) Deprivation of the right to use for a definite term from 1 to 3 months: Certificate of scientific and technological activity registration, certificate of operation of representative offices or branches, technology transfer license, certificate of technology transfer registration, certificate of registration for extension, amendment and supplement of technology transfer content, certificate of eligibility for technology assessment services;

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