Decree No. 76/2018/ND-CP dated May 15, 2018 of the Government on detailing and guiding the implementation of a number of articles of the Law on Technology Transfer

DECREE

Detailing and guiding the implementation of a number of articles of the Law on Technology Transfer^[1]

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

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

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

Pursuant to the November 29, 2005 Law on Intellectual Property, and the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

Pursuant to the June 21, 2017 Law on Management and Use of Public Assets;

At the proposal of the Minister of Science and Technology;

The Government promulgates the Decree detailing and guiding the implementation of a number of articles of the Law on Technology Transfer.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details and guides the implementation of Articles 9, 10, 11, 27 and 31; Clause 3, Article 32; Articles 35, 36, 40, 42 and 43; and Clause 3, Article 48, of the Law on Technology Transfer regarding lists of technologies, management of technology transfer activities; technology evaluation, appraisal and assessment; technology transfer support and promotion, and development of the science and technology market.

Special forms and modes of technology transfer in agriculture specified in Clauses 2 and 3, Article 52 of the Law on Technology Transfer must comply with other regulations of the Government.

Article 2.Subjects of application

This Decree applies to agencies, organizations and individuals involved in technology transfer activities as defined in Article 1 of the Law on Technology Transfer.

Chapter II

LISTS OF TECHNOLOGIES, MANAGEMENT OF TECHNOLOGY TRANSFER ACTIVITIES

Article 3.List of technologies encouraged for transfer, list of technologies restricted from transfer and list of technologies banned from transfer

1. Promulgated together with this Decree are the following lists of technologies:

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

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

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

2. Based on the socio-economic development and state management requirements, ministries and ministerial-level agencies shall consider, propose and send technologies to the Ministry of Science and Technology for sum-up and submission to the Government for modification or addition to the lists of technologies specified in Clause 1 of this Article.

Article 4.Technology transfer prices and payment methods

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

a/ Lump-sum or installment payment in cash or in kind, including also payment calculated based on units of products turned out from the transferred technology;

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

In case of capital contribution with a state-funded technology (technology created or purchased with state funds), technology appraisal shall be carried out in accordance with law;

c/ Payment in percentage (%) of net selling price.

Net selling price shall be determined to be the total selling price of products or services the making process of which involves the application of the transferred technology (calculated according to sale invoices) minus: value-added tax, excise tax and export duty (if any); expenses for purchase of imported or domestically procured semi-finished products, parts, details and components; expenses for purchase of packages, packaging and transportation of products to outlets and product advertising;

d/ Payment in percentage (%) of net turnover.

Net turnover shall be determined to be sale turnover of products or services created with the transferred technology minus turnover reductions including commercial discounts, price reductions for goods sold and returned goods sold;

dd/ Payment in percentage (%) of pre-tax profit.

Pre-tax profit shall be determined to be net turnover minus total reasonable expenses for production of marketed products or provision of marketed services involving the application of the transferred technology. Parties may also agree on payment in percentage of after-tax profit;

e/ Combination of two or more of the methods specified at 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 (technology created or purchased with state funds) transferred between parties, one or several of whom has/have state funds, its price shall be determined based on technology price appraisal counseling in accordance with law.

3. In case a technology transferred between parties that have relationships in the parent-affiliated company model or those with association relationship in accordance with the tax laws, the price audit shall be carried out in the form of technology price appraisal in accordance with law at the request of tax administration agencies.

Article 5.Registration of technology transfer

1. For transfer of technologies not subject to registration specified in Clause 1, Article 31 of the Law on Technology Transfer, if organizations and individuals wish to register technology transfer, they shall follow the order and procedures prescribed in Clauses 3, 4, 5 and 6, Article 31 of the Law on Technology Transfer and this Decree.

The effective date of a technology transfer contract mentioned in this Clause shall be agreed upon by the parties. In case by the date of registration of technology transfer, the parties have not yet performed the contract, the contract will become effective from the date of grant of a technology transfer registration certificate.

2. The technology transferee in case of technology transfer into Vietnam from abroad or domestic technology transfer, or the technology transferor in case of technology transfer from Vietnam abroad shall, on behalf of the parties, send a dossier for registration of technology transfer to the agency competent to grant technology transfer registration certificates as defined in Article 6 of this Decree.

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

a/ Within 5 working days after receiving a complete dossier as prescribed in Clause 3, Article 31 of the Law on Technology Transfer, the competent agency defined in Article 6 of this Decree shall grant a technology transfer registration certificate;

b/ In case of an incomplete dossier, within 3 working days after receiving it, the competent agency shall request in writing the technology transfer-registering party to supplement it;

c/ In case of a dossier having a content which needs to be modified or supplemented, within 5 working days after receiving it, the competent agency shall request in writing the technology transfer-registering party to modify or supplement it;

d/ In case of refusal to grant a technology transfer registration certificate, within 5 working days after receiving a dossier, the competent agency shall reply in writing clearly stating the reason.

4. Applications for registration of technology transfer and technology transfer registration certificates shall be made according to Forms No. 01 and No. 02 provided in Appendix IV (not translated) to this Decree.

Article 6.Competence to grant technology transfer registration certificates

1. For technology transfer through the implementation of investment projects:

a/ The Ministry of Science and Technology shall grant technology transfer registration certificates for technology transfer of investment projects in Vietnam falling under the investment policy-deciding competence of the National Assembly, Prime Minister, ministries and central agencies in accordance with the investment law and public investment law and regulations on offshore investment projects;

b/ Provincial-level Science and Technology Departments shall grant technology transfer registration certificates for technology transfer of investment projects in their localities falling under the investment policy-deciding competence of People’s Councils at all levels, People’s Committees at all levels, management boards of industrial parks, export processing zones, hi-tech parks and economic zones in accordance with the investment law and public investment law; projects eligible for grant of investment registration certificates but not requiring investment policy decisions of competent state management agencies; and cases of voluntary registration under Clause 2, Article 31 of the Law on Technology Transfer.

2. For independent technology transfer and other forms of technology transfer prescribed by law:

a/ The Ministry of Science and Technology shall grant technology transfer registration certificates for technology transfer into Vietnam from abroad and those from Vietnam abroad;

b/ Provincial-level Science and Technology Departments shall grant technology transfer registration certificates for transfer of domestic technologies created with state funds or state budget and cases of voluntary registration under Clause 2, Article 31 of the Law on Technology Transfer for domestic technology transfer.

3. For transfer of technologies being state secrets in the field of national defense or technology transfer in cases of procurement of assets with special budgets for national defense, the Ministry of National Defense shall grant technology transfer registration certificates.

4. For registration of extended technology transfer time limit mentioned in Clauses 1 and 2, Article 42 of this Decree, the competence for granting technology transfer time limit extension registration certificates complies with Clauses 1, 2 and 3 of this Article.

5. Before December 31 every year, provincial-level Science and Technology Departments shall send reports on technology transfer registration to the Ministry of Science and Technology. Reported data shall be collected from December 15 of the year preceding the reporting year to December 14 of the reporting year. Reports on technology transfer registration shall be made according to Form No. 10 provided in Appendix IV to this Decree.

Article 7.Refund of supports and incentives

1. Organizations and individuals entitled to supports and incentives for technology transfer shall refund to the state budget all supports and incentives they have received if they have their technology transfer registration certificates invalidated under Clause 2, Article 32 of the Law on Technology Transfer.

2. Within 5 working days after invalidating a technology transfer registration certificate, the agency that has granted such certificate shall notify such in writing to organizations, individuals and agencies performing the function of financial management at the same level, and to the agency competent to decide on provision of supports and incentives to the certificate holder in accordance with law, and publish the invalidation on its portal.

Within 5 working days after receiving a notice of invalidation of a technology transfer registration certificate, the agencies performing the function of financial management and agency competent to provide supports and incentives to the certificate holder shall send such notice to the certificate holder to request the refund of the received supports and incentives under regulations.

3. Within 20 working days after receiving a notice requesting the refund of the received supports and incentives, the holder of the invalidated technology transfer registration certificate shall refund all of such supports and incentives to the state budget via the State Treasury.

Past the above time limit, if failing to refund the received supports and incentives, the holder of the invalidated certificate shall be handled in accordance with relevant regulations.

4. Organizations shall include the refund of state budget funds in their annual finalization reports and financial statements in accordance with law.

Chapter III

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

Section 1

SUPPORT FOR TECHNOLOGY TRANSFER, APPLICATION AND INNOVATION

Article 8.Support for businesses having projects in the sectors, fields or localities eligible for investment incentives to receive technologies transferred from science and technology organizations

1. Conditions for receiving support:

a/ Having a project in a sector, field or locality eligible for investment incentives as specified by the investment law;

b/ Having a technology transfer contract or technology transfer registration certificate (if subject to technology transfer registration);

c/ The transferred technology belongs to the project mentioned at Point a of this Clause.

2. Forms of support:

a/ Extension of loans with preferential interest rates or provision of loan interest rate support;

b/ Provision of support funds through the performance of scientific and technological tasks or direct supports.

3. Supports specified at Point b, Clause 2 of this Article aim to serve the technology improvement or innovation and optimization of technology efficiency; help raise productivity or product quality in the course of technology transfer, including:

a/ Prioritized inclusion in the list of selected and directly assigned tasks eligible for supports under regulations of programs or funds for the performance of scientific and technological tasks;

b/ Supports for hiring consultants on the evaluation and calibration of equipment, technology processes and production lines; training to build capacity for businesses to absorb and master technologies, in case of direct support.

4. Funding sources:

a/ For supports for the performance of scientific and technological tasks specified at Point a, Clause 3 of this Article, support funds shall be allocated from national science and technology programs; science and technology development funds of businesses, ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities; or state budget funds for science and technology, funds raised from other lawful sources;

b/ For direct supports specified at Point b, Clause 3 of this Article, support funds shall be allocated from science and technology development funds of ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities; or state budget funds for science and technology, and funds raised from other lawful sources.

5. Support levels:

In addition to supports for sectors, fields and localities eligible for investment incentives as specified by the investment law, a business may enjoy support at the following levels:

a/ Support level under current regulations, for funding sources specified at Point a, Clause 4 of this Article;

b/ The maximum support level of 2%/year of the interest rate of loans from the national technology innovation fund, science and technology development funds of ministries, ministerial-level agencies, government-attached agencies, provinces or centrally run cities, for loans for technology transfer under projects;

c/ Extension of loans with preferential interest rates under regulations of funds and credit institutions, for loans for technology transfer under projects.

Article 9.Competence, order and procedures for providing support for businesses having projects in sectors, fields or localities eligible for investment incentives to receive technologies transferred from science and technology organizations

1. Dossiers of request for support funds:

a/ For a request for support funds for the performance of scientific and technological tasks to serve technology transfer, a dossier must comprise:

- Documents specified by the Law on Science and Technology and its guiding documents, for scientific and technological tasks;

- The technology transfer contract or technology transfer registration certificate (if subject to technology transfer registration).

b/ For a request for extension of loans with preferential interest rates or loan interest rate support for the technology transfer component of an investment project, a dossier must comprise:

- Documents required by the credit institution providing preferential loans or loan interest rate support;

- The technology transfer contract or technology transfer registration certificate (if subject to technology transfer registration);

- Reports on the expected benefits of the technology transfer, including reports on economic benefits and other benefits (for loan interest rate support after the implementation of the investment project).

2. Competence, order and procedures:

a/ For supports from national science and technology programs; science and technology development funds of businesses, ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities; and state budget funds for science and technology, the competence, order and procedures for providing supports must comply with the Law on Science and Technology and its guiding documents, for scientific and technological tasks;

b/ For supports from local state budgets, the competence, order and procedures for providing supports must comply with regulations of local state management agencies;

c/ For other lawful supports, the competence, order and procedures for providing supports must comply with current relevant regulations.

Article 10.Science and technology development funds of businesses

1. Investment activities of science and technology development funds of businesses mentioned in Clause 2, Article 35 of the Law on Technology Transfer include:

a/ Investment in and provision of domestic investment capital for innovative startups;

b/ Technology innovation and incubation, incubation of science and technology businesses, commercialization of scientific research and technological development results;

c/ Technology decoding, investment in physical and technical foundations for technology decoding;

d/ Hiring of domestic and foreign organizations and individuals to provide consultancy on and manage their investment activities under contracts.

2. Investment in or provision of domestic investment capital for innovative startups shall be carried in the following forms:

a/ Contribution of capital for the establishment of innovative startups;

b/ Purchase of shares or capital contributions of innovative startups;

c/ Contribution of capital to the innovative startup investment fund;

d/ Business cooperation.

3. Investment or provision of domestic investment capital specified in Clause 2 of this Article may be carried out in main sectors and business lines of businesses and must comply with the Investment Law, Enterprise Law and Law on Support for Small- and Medium-Sized Enterprises and relevant regulations.

4. State enterprises carrying out the activities specified in Clause 2 of this Article shall comply with the regulations on management and use of state capital invested in production and business activities of enterprises.

Article 11.Use of property rights as security for borrowed loans

1. The following rights to scientific research and technological development results may be used as security for loans borrowed for implementation of science and technology projects, innovative startups, production and business development:

a/ Rights to own or use results of scientific research and technological tasks which may be valued as property rights in accordance with the law on science and technology and law on management and use of public assets;

b/ Rights to own or use intellectual property subject matters which may be valued as property rights in accordance with the law on intellectual property;

c/ Other rights arising from results of scientific and technological tasks or intellectual property subject matters which may be valued as property rights in accordance with law.

2. Conditions and procedures for use of property rights specified in Clause 1 of this Article as security for borrowed investment loans must comply with the regulations on security transactions and management and operation regulations of lending institutions.

Article 12.Encouragement of cooperation between businesses and agencies, organizations or individuals in implementing investment projects on technology innovation, innovation startups, development of infrastructure to serve science and technology development, and general research

1. A business cooperating with an agency, organization or individual in implementing an investment project on technology innovation or innovative startup are entitled to:

a/ Supports specified in Article 8 of this Decree, for an investment project on technology innovation under a technology transfer contract or with a technology transfer registration certificate (if subject to technology transfer registration) and in a sector, field or locality eligible for investment incentives;

b/ Supports specified at Points a, b and c, Clause 1, Article 15 of this Decree, for an individual participating in an investment project on technology innovation;

c/ Prioritized inclusion in the list of scientific and technological tasks of the national technology innovation program, a science and technology program providing support for technology innovation or innovative startup, or a science and technology development fund of a ministry, ministerial-level agency, government-attached agency, province or centrally run city;

d/ Supports for hiring of technical workers, survey of market demands, hiring of equipment and use of laboratories and technical facilities to improve and develop products and business models, for an innovative startup that has received an initial investment from an investor or organization providing startup support.

2. A business cooperating with an agency, organization or individual in implementing an investment project on development of infrastructure facilities to serve science and technology development are entitled to:

a/ Prioritized  investment in a hi-tech park, for a project satisfying the conditions prescribed for hi-tech fields;

b/ Being encouraged to implement the project in the form of public-private partnership and enjoying the incentives provided by the investment law, for a project carrying out activities of research, manufacture, trial production, technology incubation or science and technology enterprise incubation. The project implementation must comply with the law on investment in the form of public-private partnership;

c/ Support funds for repair and use and operation of incubation establishments, technical facilities and common workshops at preferential prices for incubation and innovative startup activities; investment in equipment and tools for common use for incubation and innovative startup activities; installation of information technology infrastructure facilities and provision of free Internet services to incubation establishments, technical facilities and common workshops.

3. A business cooperating with an agency, organization or individual in implementing a general research project are entitled to:

a/ Prioritized inclusion in the list of scientific and technological tasks under a bilateral or multilateral cooperation program, for cooperation in general research involving foreign parties;

b/ Supports for popularization of new technologies or products being research cooperation results specified in Article 26 of this Decree;

c/ Supports for exploitation and use of scientific research and technological development results under Article 24 of this Decree;

d/ Being considered for support funds if satisfying the conditions prescribed in Article 19 of this Decree.

Article 13.Supports and incentives for businesses to invest in physical and technical foundations for technology decoding activities, and organizations and individuals engaged in technology decoding

1. Investment in physical and technical foundations for technology decoding activities includes investment in experiment, sample analysis, modeling and simulation, and standard testing laboratories, and trial making, testing and sample-making workshops.

2. A business carrying out one of the activities specified in Clause 1 of this Article are entitled to:

a/ Support funds, loan guarantees or loan interest rate supports from the national technology innovation fund or credit institutions;

b/ Prioritized investment in a hi-tech park.

3. An organization or individual carrying out technology decoding activities are entitled to:

a/ Support funds, loan guarantees or loan interest rate supports from the national technology innovation fund or credit institutions;

b/ Incentives for machinery, equipment, spare parts, special-use materials, and samples which cannot be made in the country for direct use in technology decoding activities as provided by the tax laws;

c/ Being encouraged to use products obtained from technology decoding activities in investment projects funded by the state budget or getting such products prioritized in bidding for procurement or provision of public products or services;

d/ Supports for participation in training and refresher courses for building capacity to absorb and master technologies;

dd/ Having technology decoding projects included in the list of scientific and technological tasks eligible for selection and direct assignment of performers under a science and technology program, scheme or fund.

4. Conditions for an organization or individual engaged in technology decoding to be entitled to supports and incentives:

a/ Technology that needs to be decoded is a high, advanced or clean one to serve a strategic objective or socio-economic development master plan or plan of the nation, a sector, region or locality;

b/ Activities of decoding technologies to serve national defense and security must comply with the relevant regulations on national defense and security.

5. Specific supports for the performance of scientific and technological tasks:

a/ Supports for procurement or import of samples (of products, technologies, designs, equipment or systems that need to be decoded) to serve technology decoding activities;

b/ Supports for hiring of experts to provide consultancy or technical assistance or carry out seeking activities, or technical workers to serve technology decoding activities;

c/ Supports for use of laboratories for experimentation, measurement, testing, and assessment of standards and technical regulations to serve technology decoding activities;

d/ Other supports stated in guiding documents, for the fund sources specified in Clause 6 of this Article.

6. Support funds for the performance of scientific and technological tasks come from the national technology innovation program, science and technology development funds of businesses, ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities, state budget funds for science and technology and other lawful sources.

7. The competence, order and procedures for providing supports and support levels must comply with the Law on Science and Technology and its guiding documents regarding scientific and technological tasks eligible for supports from the national technology innovation program, science and technology development funds of businesses, ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities, and state budget funds for science and technology.

The competence, order and procedures for providing and levels of support funds raised from other lawful sources must comply with current relevant regulations.

Article 14.Supports for science and technology organizations partnering with local technology application or transfer organizations to adapt scientific research and technological development results to local conditions

1. Science and technology organizations owning scientific research and technological development results and partnering with local technology application or transfer organizations are entitled to supports for the performance of scientific and technological tasks for:

a/ Seeking and hiring experts to analyze and assess their scientific research and technological development results to ensure the application or transfer thereof be suitable to local conditions;

b/ Conducting research, experimentation and testing to improve their scientific research and technological development results; building technological processes and production lines;

c/ Supports for other activities as stated in guiding documents, for support fund sources specified at Point a, Clause 2 of this Article.

2. Funding sources and support levels:

a/ Support funds for the performance of scientific and technological tasks come from national technology and technology programs, science and technology development funds of businesses, ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities, state budget funds for science and technology and from other lawful sources;

b/ Support levels must comply with guiding documents regarding support fund sources specified at Point a of this Clause.

3. Competence, order and procedures:

a/ A dossier for support must comprise:

- Documents as specified by the Law on Science and Technology and its guiding documents regarding scientific and technological tasks;

- Documents of title proving the lawful ownership of scientific research and technological development results or written guarantees in case of there is no such  document of titles.

b/ The competence, order and procedures must comply with the Law on Science and Technology and its guiding documents regarding scientific and technological tasks.

The competence, order and procedures for providing and levels of support funds raised from other lawful sources must comply with current relevant regulations.

4. Local technology application or transfer organizations shall survey, sum up and select needs for improving scientific research and technological development results to suit special local conditions.

Article 15.Supports for individuals from research institutions and tertiary education institutions to participate in technology research, transfer, application or innovation activities at production or business establishments

1. An individual from a research institution or tertiary education institution who carries out technology research, transfer, application or innovation activities at a production or business establishment is entitled to:

a/ Incentives for hi-tech personnel of businesses as provided in Clause 10, Article 3 of the Law on High Technology during his/her working period at the business producing products on the list of high technologies;

b/ Prioritized participation in training or refresher courses for building capacity to absorb or master technology;

c/ Prioritized inclusion in the database on scientific and technological experts;

d/ An individual from a research institution or tertiary education institution may have his/her working period at a business counted as a scientific research period.

2. An individual from a research institution or tertiary education institution who carries out technology research, transfer, application or innovation activities at a production or business establishment is entitled to the State’s incentives and supports if he/she is:

a/ From a research institution and meets the training qualification or professional capacity criteria for the title group of researchers, engineers or technicians or higher under the regulations on codes and criteria for professional titles of science and technology public employees;

b/ From a tertiary education institution and meets the training qualification or professional capacity criteria for the title group of lecturers or higher group under the regulations on codes and criteria for professional titles of public employees lecturing at tertiary education institutions.

Section 2

SUPPORT FOR AND PROMOTION OF DEVELOPMENT OF THE SCIENCE AND TECHNOLOGY MARKET

Article 16.Assignment of the ownership of results of scientific and technological tasks performed with the State’s support funds

1. Results of the determination of property value of results of scientific and technological tasks under the state ownership in accordance with the law on management and use of public assets serve as a basis for competent agencies to consider and decide to assign the ownership of results of scientific and technological tasks.

2. The order and procedures for assigning the ownership of results of scientific and technological tasks performed with the State’s support funds must comply with the law on management and use of public assets.

Article 17.Division of profits earned from the commercialization of scientific research and technological development results created with state budget funds

The division of profits earned from the commercialization of scientific research and technological development results created with state budget funds shall be carried out as follows:

1. For scientific research and technological development results eligible for the protection of intellectual property rights, remunerations payable to authors must comply with the law on intellectual property.

2. For scientific research and technological development results ineligible for the protection of intellectual property rights, remunerations payable to authors must comply with the law on science and technology.

3. Intermediary organizations and brokers may enjoy divided profits under the agreement between parties which must not exceed 10%. In case the parties cannot reach an agreement on profit division, these organizations and brokers may enjoy 10% of divided profits.

4. In case of use rights licensing which requires payment of part of profits to the State, divided profit amounts to be paid to the State must comply with the law on management and use of public assets.

5. After diving profits to the parties, a responsible organization may use the remaining profit amount as follows:

a/ Reserve up to 50% of such profit amount to invest in scientific and technological activities and set aside or add to its science and technology development fund;

b/ Use the remainder for payment of rewards, welfare and its development investment activities.

Article 18.Recognition of scientific research and technological development results obtained by organizations and individuals with their own funds

1. An organization or individual that requests recognition of its/his/her scientific research and technological development results shall submit directly or send by post a dossier (one hard copy and one soft copy) to the competent agency. Such a dossier must comprise:

a/ A written request for recognition of scientific research and technological development results;

b/ Documents of title proving the lawful ownership of scientific research and technological development results or a written guarantee in case there is no document of title;

c/ Documents describing features and technical, socio-economic and environmental benefits of scientific research and technological development results (drawings, designs, processes, diagrams, and survey, analysis, assessment and testing results);

d/ Documents showing scientific research and technological development results efficiently transferred and applied in practice;

dd/ The following documents (if any): written comments of organizations and individuals on the efficiency of the practical application of the results, prizes, documents on intellectual property, standards, measurement and quality, and other documents.

2. Agencies competent to recognize scientific research and technological development results are ministries and ministerial-level agencies managing relevant sectors or fields or provincial-level People’s Committees of localities where scientific research and technological development results are transferred or applied.

3. The order and procedures for examining and appraising dossiers must comply with the relevant provisions of Clause 6, Article 20 of this Decree.

4. Contents of appraisal of a dossier:

a/ Compliance with the regulations on ownership of scientific research and technological development results;

b/ Contents and method of conducting research, tests, transferring and applying scientific research and technological development results; technical characteristics and benefits of scientific research and technological development results in specific fields;

c/ Scope and scale of application and transfer; socio-economic, environmental, national defense and security value in the practical conditions of the country or locality.

5. The competent agency shall issue a decision to revoke a document recognizing scientific research and technological development results in the following cases:

a/ An untruthful information or a forged document is detected in the dossier of request or there is an infringement upon intellectual property rights or the ownership of scientific research and technological development results;

b/ There is a violation during the consideration and recognition.

6. The Ministry of Science and Technology shall issue forms for carrying out the procedures prescribed in this Article.

Article 19.Provision of support funds and purchase of scientific research and technological development results obtained by organizations and individuals with their own funds

1. Scientific research and technological development results of organizations and individuals which have been transferred or efficiently applied in practice and recognized by the competent agencies and are of important significance to the national and local socio-economic development and national defense and security may be considered and purchased by the State in accordance with the law on procurement with state funds.

2. Scientific research and technological development results may be considered by a competent agency to be entitled to support funds when satisfying the following conditions:

a/ They have been transferred or efficiently applied in practice and recognized by a competent agency;

b/ They have been transferred or efficiently applied in practice for no more than 3 years since the date of application or transfer;

c/ They are on the list of technologies encouraged for transfer;

d/ The support fund requester has a feasible plan on commercialization of these results.

3. Supports for organizations and individuals that have scientific research and technological development results satisfying the conditions prescribed in Clause 2 of this Article may be provided in the following forms:

a/ Support funds;

b/ Supports for the performance of scientific and technological development tasks.

4. Support funds for purchase of scientific research and technological development results from the state budget, programs and schemes shall be managed by ministries, sectors and localities.

Article 20.Procedures and competence for provision of support funds or purchase of scientific research and technological development results

1. An organization or individual requesting the State to provide support funds or purchase its/his/her scientific research and technological development results shall submit directly or send by post a dossier (one hard copy and one soft copy) to the competent agency.

2. A dossier of request for support must comprise:

a/ A written request, enclosed with explanations;

b/ A document of the competent agency recognizing scientific research and technological development results;

c/ Documents showing that scientific research and technological development results have been applied or transferred for no more than 3 years.

3. A dossier of request for purchase must comprise:

a/ The documents specified at Points a, b and c, Clause 2 of this Article;

b/ A document of the agency or organization on the necessity to purchase and a plan on management, exploitation and transfer of scientific research and technological development results.

4. Contents of appraisal of a dossier before considering a support fund or purchase of scientific research and technological development results:

a/ For a dossier of request for purchase: the conditions prescribed in Clause 1, Article 19 of this Decree; feasibility of the plan on management, exploitation and transfer of scientific research and technological development results;

b/ For a dossier of request for provision of support funds: the conditions prescribed in Clause 2, Article 19 of this Decree.

5. Agencies competent to examine and appraise dossiers are ministries and ministerial-level agencies managing the relevant sectors or fields; or provincial-level People’s Committees of localities where scientific research and technological development results are applied.

6. Order and procedures for dossier examination and appraisal:

a/ Within 3 working days after receiving a dossier, the competent agency shall notify the organization or individual of results of dossier examination and request dossier modification or supplementation (if necessary). In case the dossier is invalid, it shall notify such in writing, clearly stating the reason;

b/ Within 15 working days, the competent agency shall appraise the dossier through an appraisal council composed of between 7 and 9 members, including representatives of related management agencies and experts in relevant fields;

c/ Within 7 working days after receiving results of the dossier appraisal by the appraisal council, the competent person shall approve the dossier for consideration of provision of a support fund or purchase of scientific research and technological development results. In case of disapproval of the dossier, the competent person shall notify such in writing, clearly stating the reason;

d/ Fund for dossier appraisal shall be incorporated in the budget estimate of the ministry, sector or locality.

7. Scientific research and technological development results approved to be considered for purchase or support shall be announced on the portal and sent to the submitter of the dossier of request and local science and technology management agency.

8. Methods of purchase and support provision:

a/ Methods of purchase of scientific research and technological development results must comply with the law on procurement with state funds and other relevant laws.

b/ Methods of support provision must comply with the law on science and technology and related programs and schemes.

9. The Ministry of Science and Technology shall set forms for carrying out the procedures prescribed in this Article.

Article 21.Purchase and research for improvement of inventions and innovations for transfer to businesses for application or popularization to the public

1. Inventions and innovations that have been effectively applied on a small scale may be considered by the State for purchase and transfer to businesses for application or popularization to the public in accordance with the law on procurement with state funds.

2. Organizations and individuals whose inventions and innovations have been effectively applied on a small scale may be given priority to participate in programs and schemes managed by ministries, sectors and localities to research, improve, transfer or increase the application scale of such inventions and innovations.

Article 22.Order and procedures for purchase of inventions and innovations

1. An organization or individual requesting the State to purchase its/his/her invention or innovation shall submit directly or send by post to the competent agency a dossier of request (one hard copy and one soft copy). Such a dossier must comprise:

a/ A written request for purchase by the State of the invention or innovation;

b/ Invention protection title or innovation certificate;

c/ Documents showing the effective application of the invention or innovation in practice and possibility of expanding the application;

d/ Document of the agency or organization on the necessity to purchase the invention or innovation and a plan on management, exploitation and transfer thereof.

2. Contents of appraisal of a dossier of request before considering the purchase of its/his/her invention or innovation:

a/ Effect and scope of protection, contents of solutions of the to-be-protected invention; contents of the innovation recognized by the competent agency;

b/ Effectiveness of the practical application of the invention or innovation; needs of businesses and the public; conditions for and possibility of expanding the application of the invention or innovation;

c/ Applicability of the invention or innovation to serve the society in the production and provision of public products or services; the national defense and security; the protection of the environment and people’s health.

3. The competence, order and procedures for examination and appraisal of dossiers must comply with the relevant provisions of Clauses 5 and 6, Article 20 of this Decree.

4. The responsibility to announce inventions and innovations satisfying the conditions for consideration of purchase must comply with Clause 7, Article 20 of this Decree.

5. Methods of purchase of inventions must comply with the law on procurement with state funds and other relevant laws.

6. The Ministry of Science and Technology shall set forms for carrying out the procedures prescribed in this Article.

Article 23.Collection, assessment, selection, recognition and announcement of scientific research and technological development results to meet innovation needs of organizations and individuals in different sectors and fields according to decentralized management powers

1. The collection, assessment, selection and announcement of scientific research and technological development results to meet innovation needs of organizations and individuals must comply with the regulations on scientific and technological information activities.

2. The recognition of scientific research and technological development results funded by the state budget must comply with the law on science and technology. For scientific research and technological development results obtained by organizations and individuals with their own funds, the recognition thereof must comply with Article 18 of this Decree.

3. Funds for the collection, assessment, selection, recognition and announcement of scientific research and technological development results shall be incorporated in the budget estimates of ministries, sectors and localities and come from other lawful sources.

Article 24.Promotion of exploitation and use of scientific research and technological development results and technological ideas

1. The State shall provide free science and technology information to the following subjects:

a/ Science and technology businesses and hi-tech businesses;

b/ Individuals and groups of individuals implementing innovative startup projects and innovative startup businesses;

c/ Organizations supporting innovation and innovative startup activities; establishments incubating technologies, science and technology businesses and hi-tech businesses.

2. The entities specified in Clause 1 of this Article may be given priority to participate in programs and schemes on support for exploitation of science and technology information, utilization of inventions, development of intellectual assets and commercialization of scientific research and technological development results.

Article 25.Priority in the establishment of industrial property rights, recognition and registration for circulation of new products and new technologies

Competent state agencies shall prioritize the consideration of:

1. The establishment of industrial property rights for organizations and individuals having scientific research and technological development results to establish and develop science and technology businesses, hi-tech businesses and innovative startup businesses.

2. The recognition, registration and circulation of new products and new technologies of organizations and individuals for application, transfer and commercialization.

Article 26.Announcement of new technologies and new products in Vietnam created from scientific research and technological development results

1. An organization or individual requesting the appraisal and assessment of a new technology or product shall submit directly or send by post to the competent agency a dossier of request (one hard copy and one soft copy). Such a dossier must comprise:

a/ A written request for appraisal and assessment of the new technology or product;

b/ Documents of title proving the lawful ownership of the new technology or product or a written guarantee in case there is no such document of title;

c/ Documents describing properties, technical efficiency and quality compared to corresponding properties of equivalent technologies or products imported or currently in use in foreign countries;

d/ Report on results of the application of the new technology or product;

dd/ The following documents (if any): written comments of organizations and individuals on the effective application of the new technology or product; prizes, documents on intellectual property, standards, measurement and quality and other relevant documents.

2. Contents of appraisal and assessment:

a/ Compliance with the regulations on ownership; intellectual property rights; standards, measurement and quality; testing results and circulation conditions;

b/ Comparison of the price of the new technology or product with those of imported technologies or products;

c/ Properties, technical efficiency and quality of the new technology or product compared with corresponding properties of equivalent technologies or products imported or currently in use in foreign countries;

d/ Scope and scale of application and transfer; socio-economic, environmental, national defense and security value in specific conditions of the country or locality.

3. The order and procedures for examining and appraising dossiers must comply with the relevant provisions of Clause 6, Article 20 of this Decree.

4. The Ministry of Science and Technology shall decide to announce on its portal new technologies and products created in Vietnam with prices and quality equal to those of imported ones.

5. Agencies and organizations are encouraged to use new technologies and products created in Vietnam under investment projects funded by the state budget and announced under Clause 4 of this Article or prioritize them in organizing bidding for procurement and provision of public products or services.

6. The Ministry of Science and Technology shall set forms for carrying out the procedures prescribed in this Article.

Article 27.Development of technologies to create and improve national, strategic and key products

1. Domestic organizations and individuals creating technologies from scientific research and technological development results to produce national, strategic and key products may be considered for support funds or purchase of their technologies under Articles 19 and 20 of this Decree.

2. Organizations and individuals receiving transferred technologies created to develop technology and improve national, strategic and key products may be given priority in being considered for performance of scientific and technological tasks.

3. Organizations and individuals performing scientific and technological tasks to develop technology and improve national, strategic and key products may, in addition to expenditures prescribed by current regulations, receive support funds to purchase software copyright and tools, plant varieties, livestock breeds, equipment, technical documents, intellectual property information and technological know-how; import sample products for technology analysis and decoding; hire domestic and foreign experts to provide consultancy on technology assessment and decoding.

4. Organizations and individuals transferring, applying and improving technologies to create national, strategic and key products are entitled to credit, tax and land use incentives and trade promotion and market development supports under the regulations applicable to national science and technology programs and other programs and schemes managed by ministries, sectors and localities.

5. Funding sources:

a/ Funds for provision of supports or purchase specified in Clause 1 of this Article shall be allocated from the state budget and programs and schemes managed by ministries, sectors and localities;

b/ Funds for provision of supports specified in Clause 3 of this Article shall be allocated from the state budget funds for science and technology, science and technology development funds of ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities; national science and technology programs and other programs and schemes managed by ministries, sectors and localities and other lawful sources.

6. Competence, order and procedures:

a/ For the supports specified in Clause 1 of this Article, the competence, order and procedures must comply with Article 20 of this Decree;

b/ For the supports specified in Clauses 2 and 3 of this Article, the competence, order and procedures must comply with the Law on Science and Technology and its guiding documents regarding scientific and technological tasks.

c/ For supports from other programs and schemes managed by ministries, sectors and localities, the competence, order and procedures must comply with current regulations.

Article 28.Training and refresher courses for building capacity of businesses to absorb and master technologies

1. Training and refresher courses for building capacity to absorb and master technologies include: training in technology management and administration, update of new technologies and search for technologies; technology negotiations and transfer; skills to effectively operate and utilize technologies; technology adaptation, innovation and decoding; in-depth training in technology-based product designing and development, and other contents suitable to socio-economic development conditions.

2. Activities in support of training and refresher courses to build capacity of businesses to absorb and master technologies:

a/ Surveying and assessing needs for training businesses; surveying and assessing impacts and effects of training and refresher courses; organizing the management, inspection and evaluation of training and refresher courses nationwide;

b/ Designing the framework program on training in the contents specified in Clause 1 of this Article;

c/ Developing training and refresher programs and plans and compiling training contents and documents, printing course books and documents to serve training and refresher activities;

d/ Training and retraining lecturers and collaborators to participate in training and refresher courses for businesses.

3. Training and refresher courses include intensive courses, on-site courses at businesses, online courses and other forms.

4. Support funds come from science and technology non-business sources, science and technology development funds of businesses, ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities; national science and technology programs and other programs and schemes managed by ministries, sectors and localities.

5. The competence, order and procedures for support provision and support levels must comply with the Law on Science and Technology and its guiding documents regarding science and technology non-business sources, science and technology development funds of ministries, ministerial-level agencies, government-attached agencies, provinces and centrally run cities; national science and technology programs.

The competence, order and procedures for provision of supports and levels of supports from other programs and schemes managed by ministries, sectors and localities must comply with current regulations.

Article 29.Training and encouragement of organizations and individuals to participate in the commercialization of scientific research and technological development results and development of the science and technology market

1. Eligible trainees:

a/ Organizations and individuals that have scientific research and technological development results that can be commercialized;

b/ Organizations and individuals that support the commercialization of scientific research and technological development results;

c/ Organizations and individuals that manage or support the commercialization of scientific research and technological development results.

2. Conditions on a training organization:

a/ Having the function and tasks of training in knowledge relevant to the commercialization of scientific research and technological development results or development of the science and technology market;

b/ Having officials, experts and collaborators who are professionally qualified for providing training in the commercialization of scientific research and technological development results or development of the science and technology market;

c/ Having a framework training and lecturing program suitable to objectives and practical needs of trainees and approved or accepted by the ministry, sector or locality.

3. Specific supports:

a/ Supports for hiring of domestic and foreign experts; purchase of copyright, software and data to serve training courses on the commercialization of scientific research and technological development results; brokerage, counseling and promotion of technology transfer; technology evaluation, appraisal and assessment;

b/ Supports for compilation and issuance of technical documents, model documents and documents guiding the commercialization of scientific research and technological development results and intellectual assets; brokerage, counseling and promotion of technology transfer; technology evaluation, appraisal and assessment;

c/ Supports for domestic, overseas and online training and refresher courses on the commercialization of scientific research and technological development results and intellectual assets; brokerage, counseling and promotion of technology transfer; technology evaluation, appraisal and assessment.

4. Organizations and individuals are encouraged to participate in the commercialization of scientific research and technological development results by supporting the organization of contests, honoring and rewarding organizations and individuals that record outstanding achievements in the technology application, transfer and innovation, innovative startup or commercialization of scientific research and technological development results.

5. Support funds come from science and technology non-business sources, national science and technology programs and other programs and schemes managed by ministries, sectors and localities.

6. The competence, order and procedures for support provision and support levels must comply with the Law on Science and Technology and its guiding documents regarding support funds from science and technology non-business sources and national science and technology programs.

The competence, order and procedures for provision of supports and levels of supports from other programs and schemes managed by ministries, sectors and localities must comply with current regulations.

Article 30.Supports for development of intermediary organizations of the science and technology market

1. Entities eligible for support:

a/ Organizations providing technology transfer brokerage, consultancy and promotion services, or technology evaluation, appraisal and assessment services;

b/ Organizations providing services of connecting and assisting other parties in technology-related transactions, including assisting technology research, development and commercialization; intellectual property, standard, measurement and quality services; investment consultancy, trade promotion, support for startup, technology and business incubation; supporting small- and medium-sized businesses, cooperative unions and trade associations.

2. Specific supports:

a/ Permission for use of the national database on technologies, technological products, scientific research and technological development results, intellectual assets and innovative and creative startup ecosystem;

b/ Permission for search for, collection and provision of information on technologies, intellectual property, standards, measurement, quality, technology experts and demand; building of a database on the science and technology market and tools for use of such database to meet state management requirements;

c/ Technology transfer brokerage, consultancy and promotion; popularization of scientific research and technological development results and technological ideas;

d/ Organization of or participation in domestic and overseas events on promotion and development of the technology market, commercial utilization of inventions and innovative startup;

dd/ Hiring of domestic and foreign experts to provide consultancy; organization of training courses on technology transfer brokerage and promotion; technology evaluation, appraisal and assessment; administration of intellectual assets; commercialization of scientific research and technological development results; provision of supports for innovative startups.

3. Forms of support provision: through projects on building capacity of intermediary organizations.

4. Support funds come from science and technology non-business funds, national science and technology programs and other programs and schemes managed by ministries, sectors and localities.

5. The competence, order and procedures for support provision and support levels must comply with the Law on Science and Technology and its guiding documents regarding science and technology non-business funds and national science and technology programs.

The competence, order and procedures for provision of supports and levels of supports from other programs and schemes managed by ministries, sectors and localities comply with current regulations.

Article 31.Supports for building capacity to exploitation of information to serve the provision of technology transfer services

1. Development of technology information sources, including:

a/ Information on intellectual property;

b/ Databases on technology information and tools for technology analysis and evaluation, technology levels, technology trend forecast, making of technology maps and roadmaps;

c/ Databases on experts providing science and technology consultancy in different specialized sectors to meet the demand for in-depth consultancy upon request.

2. The Ministry of Science and Technology shall:

a/ Assume the prime responsibility for, and coordinate with ministries, sectors and localities in, organizing the implementation of the contents specified in Clause 1 of this Article;

b/ Create conditions for businesses, associations of businesses, trade associations and cooperatives; intellectual property organizations and organizations engaged in technology transfer, investment promotion and trade promotion to access and extract information on technologies created with state budget funds.

3. Forms of provision of technology information include:

a/ Provision of technology information directly at offices of agencies, technology fairs, conferences, seminars, technology forums, training and refresher courses, or directly in businesses;

b/ Online provision of information and other forms.

Chapter IV

COMPETENCE, AND ORDER, PROCEDURES AND CONDITIONS FOR OPERATION, OF TECHNOLOGY EVALUATION, APPRAISAL AND ASSESSMENT ORGANIZATIONS

Article 32.Special conditions on technology appraisal organizations

1. An organization carrying out technology appraisal must fully satisfy the following conditions:

a/ Possessing a certificate of eligibility for provision of evaluation services in accordance with the price law, for businesses; or a science and technology operation registration certificate, for science and technology organizations;

b/ Having at least 2 price appraisers who have completed the program on update of knowledge about technology and intellectual asset appraisal organized or recognized by the Ministry of Science and Technology.

2. Technology appraisal certification deeds of technology appraisal organizations shall be made by price appraisers satisfying the conditions prescribed in Clause 1 of this Article.

3. The Ministry of Science and Technology shall announce on its portal the list of organizations fully satisfying the conditions for technology appraisal.

Article 33.Conditions for grant of certificates of eligibility for provision of technology evaluation services

When registering for grant of a certificate of eligibility for provision of technology evaluation services, a business or science and technology organization 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 university or higher degree in a professional field relevant to the technological field that needs evaluation and having at least 3 years’ working experience in such technological field.

In case of addition of a technological field that needs evaluation, there must be at least 2 technology evaluation experts of its own in such technological field who satisfy the conditions prescribed in this Clause.

3. Having introduced its own technology evaluation methods and processes.

Article 34.Order and procedures for grant of certificates of eligibility for provision of technology evaluation services

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

a/ An organization registering for provision of technology evaluation services shall submit directly or send by post to a competent agency defined in Article 39 of this Decree one dossier of application for a certificate of eligibility for provision of technology evaluation services;

b/ In case of receiving an incomplete dossier, within 3 working days after receiving it, the competent agency shall issue a written notice requesting the dossier modification or supplementation;

c/ Within 10 working days after receiving a complete dossier under regulations, the competent agency shall grant a certificate of eligibility for provision of technology evaluation services, made according to Form No. 06 provided in Appendix IV to this Decree. In case of refusal to grant a 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 shall be made when an organization having a certificate of eligibility for provision of technology evaluation services adds, extends or narrows down technological fields subject to evaluation or changes technology evaluation experts;

b/ The order and procedures for grant of a certificate of eligibility for provision of technology evaluation services must comply with Clause 1 of this Article. Certificates of eligibility for provision of technology evaluation services shall be made according to Form No. 06 in Appendix IV to this Decree.

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

a/ A certificate of eligibility for provision of technology evaluation services may be re-granted to an organization having such certificate lost or damaged or changing its name or address;

b/ Within 5 working days after receiving a complete dossier under regulations, the competent agency shall re-grant a certificate made according to Form No. 06 in Appendix IV to this Decree. In case of refusal to re-grant the certificate, it shall reply in writing clearly stating the reason.

Article 35.Dossiers for grant of certificates of eligibility for provision of technology evaluation services

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

a/ An application for a certificate, made according to Form No. 03 in Appendix IV to this Decree;

b/ A decision on establishment of the organization, enterprise registration certificate or investment registration certificate (in case of direct submission: a certified copy or a copy enclosed with the original certificate for comparison; in case of sending by post: a certified copy);

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 each expert and the organization; certified copies of degrees and diplomas as mentioned in Clause 2, Article 33 of this Decree, summaries of experiences in technology evaluation and documents proving such experience of each expert.

Lists of technology evaluation experts and summaries of their experiences in technology evaluation shall be made according to Forms No. 07 and 08 in Appendix IV to this Decree;

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 of eligibility for provision of technology evaluation services, made according to Form no. 04 in Appendix IV to this Decree;

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 each expert and the organization; certified copies of degrees and diplomas as mentioned in Clause 2, Article 33 of this Decree, summaries of experiences in technology evaluation and documents proving such experience of each expert.

Modified or supplemented lists of technology evaluation experts and summaries of experiences in technology evaluation shall be made according to Forms No. 07 and 08 in Appendix IV to this Decree.

3. A dossier for re-grant of a certificate of eligibility for provision of technology evaluation services must comprise:

a/ A written request for re-grant of the certificate of eligibility for provision of technology evaluation services, made according to Form No. 05 in Appendix IV to this Decree;

b/ The damaged original certificate (if any), in case it is damaged.

Article 36.Conditions for grant of certificates of eligibility for provision of technology assessment services

When registering for grant of a certificate of eligibility for provision of technology assessment services, a business or science and technology organization 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 prescribed in national standard TCVN ISO/IEC 17020:2012 or international standard ISO/IEC 17020:2012 or national standards or international standards on specialized assessment.

3. Having at least 2 official assessors in the technological field subject to assessment (who are public employees or employees working under labor contracts of at least 12 months or labor contracts of an indefinite term), each of whom must satisfy 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 17020:2012 or international standard ISO/IEC 17020:2012 or national standards or international standards for specialized assessment;

c/ Having worked for at least 3 years in the technological field subject to assessment.

In case of addition of a technological field subject to assessment, there must be 2 assessors in such field who satisfy the conditions prescribed in this Clause.

Article 37.Order and procedures for grant of certificates of eligibility for provision of technology assessment services

The order and procedures for grant of certificates of eligibility for provision of technology assessment services must comply with Article 34 of this Decree. Certificates of eligibility for provision of technology assessment services shall be made according Form No. 06 in Appendix IV to this Decree.

Article 38.Dossiers for grant of certificates of eligibility for provision of technology assessment services

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

a/ An application for a certificate, made according to Form No. 03 in Appendix IV to this Decree;

b/ A decision on establishment of the organization, enterprise registration certificate or investment registration certificate (in case of direct submission: a certified copy or a copy enclosed with the original certificate for comparison; in case of sending by post: a certified copy);

c/ Documents proving the assessment operation capacity meeting the requirements prescribed in Clause 2, Article 36 of this Decree;

d/ A list of technology assessors, enclosed with relevant documents on each assessor, including a copy of the recruitment decision or labor contract, certified copies of degrees and certificates as prescribed at Points a and b, Clause 3, Article 36 of this Decree, a summary of technology assessment experiences, and documents proving such experiences of each assessor.

Lists of technology assessors and summaries of experiences in technology assessment shall be made according to Forms No. 07 and No. 08 in Appendix IV to this Decree;

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

e/ Model assessment certification deeds of the organization.

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 of eligibility for provision of technology assessment services, made according to Form No. 04 in Appendix IV to this Decree;

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 labor contract, certified copies of degrees and certificates as prescribed at Points a and b, Clause 3, Article 36 of this Decree, a summary of technology assessment experiences, and documents proving such experiences of each assessor.

Modified or supplemented lists of technology assessors of organizations and summaries of experiences in technology assessment shall be made according to Forms No. 07 and No. 08 in Appendix IV to this Decree.

3. A dossier for re-grant of a certificate of eligibility for provision of technology assessment services must comprise:

a/ A written registration for re-grant of the certificate of eligibility for provision of technology assessment services, made according to Form No. 05 in Appendix IV to this Decree;

b/ The damaged original certificate (if any), in case it is damaged.

Article 39.Competence to grant certificates of eligibility for provision of technology evaluation or assessment services

1. A line ministry shall, within the ambit of its functions, assigned tasks and vested powers, grant certificates of eligibility for provision of technology evaluation or assessment services, in case of registration of provision of specialized technology evaluation or assessment services falling under its state management responsibility.

2. The Ministry of Science and Technology shall grant certificates of eligibility for provision of technology evaluation or assessment services in case of registration of provision of specialized technology evaluation or assessment services falling under the state management responsibility of two or more line ministries.

Article 40.Reporting responsibility of technology evaluation or assessment organizations and line ministries

1. Technology evaluation or assessment organizations 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. Reported data shall be collected from December 15 of the year preceding the reporting year to December 14 of the reporting year.

Reports on technology evaluation or assessment activities of organizations shall be made according to Form No. 09 in Appendix IV to this Decree.

2. Agencies competent to certify the eligibility for provision of technology evaluation or assessment services shall send reports on grant 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. Reported data shall be collected from December 15 of the year preceding the reporting year to December 14 of the reporting year.

Reports on grant of certificates of eligibility for provision of technology evaluation or assessment services shall be made according to Form No. 11 in Appendix IV to this Decree.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 41.Effect

This Decree takes effect on July 1, 2018,  and replaces the Government’s Decree No. 133/2008/ND-CP of December 31, 2008, detailing and guiding the implementation of a number of articles of the Law on Technology Transfer; Decree No. 103/2011/ND-CP of November 15, 2011, amending and supplementing a number of articles of Decree No. 133/2008/ND-CP, and Decree No. 120/2014/ND-CP of December 17, 2014, amending and supplementing a number of articles of Decree No. 133/2008/ND-CP.

Article 42.Transitional provisions

1. For a technology transfer agreement concluded by parties before July 1, 2018, after the Law on Technology Transfer takes effect, if the parties wish to extend the time limit for technology transfer activities subject to technology transfer registration under Clause 1, Article 31 of the Law on Technology Transfer, the order and procedures for registering the extended time limit must comply with Clauses 2, 3 and 4, Article 33 of the Law on Technology Transfer and the relevant provisions of this Decree.

2. For a technology transfer agreement concluded by parties before July 1, 2018, after the Law on Technology Transfer takes effect, if the parties wish to register technology transfer, the order and procedures for registration must comply with Clauses 3 and 5, Article 31 of the Law on Technology Transfer and the relevant provisions of this Decree.

In case of registering the extended time limit for technology transfer, the order and procedures for registration must comply with Clauses 2, 3 and 4, Article 33 of the Law on Technology Transfer and the relevant provisions of this Decree.

Article 43.Implementation responsibility

1. The Ministry of Science and Technology shall guide the implementation of articles of this Decree as assigned.

2. The Ministry of Education and Training shall guide the implementation of Point d, Clause 1, Article 15 of this Decree.

3. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall:

a/ Allocate funds from the state budget, the national technology innovation fund, and science and technology programs and their science and technology development funds and mobilize other funding sources to support the activities specified in this Decree;

b/ Modify or supplement documents guiding the operation of the national technology innovation fund, science and technology programs and their science and technology development funds and other related programs and schemes to be consistent with the provisions of this Decree.

4. Provincial-level People’s Committees shall assign provincial-level Science and Technology Departments to assume the prime responsibility for, and coordinate with related units in, monitoring, summing up and evaluating benefits of the application of scientific research and technological development results after receiving supports for improvement of such results.

Annually, they shall sum up results of the application and transfer of scientific research and technological development results in their localities, then report them to the Ministry of Science and Technology.

5. The Minister of Science and Technology, other ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairperson of provincial-level People’s Committees shall implement this Decree.

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

Appendix I

LIST OF TECHNOLOGIES ENCOURAGED FOR TRANSFER

(To the Government’s Decree No. 76/2018/ND-CP of May 15, 2018)

A. HIGH TECHNOLOGIES ON THE LIST OF HIGH TECHNOLOGIES PRIORITIZED FOR DEVELOPMENT INVESTMENT IN ACCORDANCE WITH THE LAW ON HIGH TECHNOLOGY

B. OTHER TECHNOLOGIES ENCOURAGED FOR TRANSFER

1. Technology for manufacturing infrared photoelectric devices.

2. Technology for manufacturing digital precision measuring devices and sensors.

3. Technology for manufacturing phased array antennas.

4. Technology for encryption, authentication, biometric measurement, psychological measurement.

5. Voice recognition technology.

6. Technology for applying neural networks in signal processing.

7. Remote sensing, lidar and geographic information system (GIS) technology to serve sectors and fields.

8. Parallel computing and processing technology applied in the banking sector.

9. Technology for manufacturing organic light-emitting diode and active-matrix organic light-emitting diode (OLED, AMOLED) screens, light-emitting diode (LED) screens and interface screens.

10. Technology using highly efficient biomass materials.

11. Technology for manufacturing lithium-ion batteries, fuel cells, solar cells, electrode fuel cells.

12. Technology for industrial-scale electricity generation using solar power, wind power, biomass, household garbage and biogas.

13. Smart grid technology.

14. Advanced technology for energy storage.

15. Technology for manufacturing fast charging devices.

16. Technology for manufacturing phosphoric acid (H₃PO₄) of MARK IV generation.

17. Technology for manufacturing DAP - (NH₄)₂(HPO₄), combined pre-neutralization reactor technology and tubular reactor technology.

18. Technology for manufacturing methanol from natural gas, particularly natural gas containing high levels of impurities (CO₂, N₂, etc.).

19. Advanced technology for manufacturing biodiesel from plants.

20. Technology for producing H₂using renewable energies (geothermal energy, wind power, photoenergy, solar power, etc.).

21. Technology for increasing exploited petroleum output by pumping in non-acidic substances.

22. Advanced technology for cleansing reaction towers in petroleum refining lines.

23. Technology for paraffin wax-asphalt deposit prevention and removal in gas lift wells by physicochemical methods in petroleum exploitation.

24. Technology for increasing exploited petroleum output with enzyme catalyst solvents.

25. Technology for near-wellbore zone treatment with natural or synthetic chelate compounds.

26. Technology for extinguishing wellbore fires upon overhaul of wellbores in the condition of abnormally low pore pressure.

27. Technology for raising the quality of reinforced casing upon building of petroleum wellbores.

28. Image diagnosis technology - bore scope devices for testing mechanical rotary engines and equipment.

29. Advanced technology in the field of cladding and surface treatment for machine manufacturing and mechanical engineering.

30. Froth flotation and separation automation technology; gravity separation of fine-grained mineral ores; magnetic separation with super-strong magnetic field in non-ferrous metal ore separation.

31. Technology for separation and beneficiation of rare mineral ores (Lithium, rare earths); technology for separation and processing of rare earth ores.

32. Technology for separation of grade-II and grade-IV apatite ores, poor ores, chromite ores with recovery of Ni and Co, iron-rich laterite ores in the Central Highlands.

33. Underground coal gasification technology.

34. Technology for melting and refining metals and alloys from poor ores and multi-metal ores.

35. Technology for recovery of iron ores and production of steel from red mud.

36. Advanced and environment-friendly technology for recovery of precious metals from electronic wastes.

37. Technology for manufacturing chemical grade alumina (CGA).

38. Circulating fluidized bed (CFB) technology and advanced depressurized and condensation technology in alumina production.

39. Technology for manufacturing ferrous alloys: ferrous molybdenum (FeMo), ferrous wolfram (FeW), low-carbon and extremely low-carbon ferrous alloys.

40. Technology for extraction and separation of titanium ores in red sand layer.

41. Technology for processing of building sand from selected titanium tailings in red sand layer.

42. Technology for diagonal longwall mining with soft shield support in pit mines.

43. Technology for complete coal caving mechanization supported by self-propelled work platforms.

44. Technology for coal caving mechanization with machines combined with frame or chain work platform support.

45. Technology for digging and supporting mines with trusses.

46. Automation technology in central monitoring systems in coal mines (plants).

47. Automation technology in central pumping stations in pit coal mines.

48. Technology for deep sorting of bauxite, iron, copper and titanium ores.

49. Clean coal technology.

50. Technology for synthesis and semi-synthesis of pharmaco-chemical products from animal and plant material sources available in the country.

51. Technology for manufacturing titanium slag with two-stage direct-current electric furnaces.

52. Technology for manufacturing titanium pigments by chloride determination method.

53. Technology for manufacturing porous titanium by Kroll method.

54. Coking technology without recovery of sub-products and coke dry quenching.

55. Red mud dry stacking technology in alumina production.

56. Technology for manufacturing building materials from red mud in alumina production.

57. Advanced technology for treating phosphorus ash, sludge and gypsum from thermal power plants, steel mills, fertilizer and chemical plants into building materials.

58. Environment-friendly tanning technology.

59. Automation technology in the tanning process and production of materials, auxiliary materials and leather-footwear products.

60. Technology for manufacturing and applying hot-mix asphalt concete.

61. Technology for on-spot scraping, ripping and reprocessing of soft road dressing, asphalt concrete or cement concrete road surface.

62. Building information modeling technology.

63. Technology for industrial-scale manufacturing of electric vehicles using renewable and clean energies.

64. Advanced technology serving inspection and testing of bridges, tunnels, dikes and dams; reinforcement and repair of tunnel hoods.

65. Advanced technology for detection and early warning of landslides.

66. Technology for automatic warning of safety level of dam projects.

67. Modern technology for observation of traffic works during the course of operation.

68. Technology for manufacturing various types of highly efficient and environment-friendly engines using new or renewable energies.

69. Technology for designing and manufacturing multi-purpose vessels to be used concurrently for national defense, security and civil purposes.

70. Technology for designing, manufacturing and assembling high-quality, energy-efficient and environment-friendly locomotives and wagons.

71. Communication technology using underwater acoustic wave (sonar positioning) to serve the exploitation of natural resources, protection of territorial waters, salvage and rescue.

72. Advanced technology serving the topographic seabed survey and mapping.

73. Advanced technology serving the research, exploration and exploitation of undersea natural resources.

74. Advanced technology for manufacturing riparian, marine or submarine self-propelled equipment.

75. Advanced technology for construction of maritime and submerged works, or production of concrete from sea sand or seawater.

76. Technology for underwater cutting and welding.

77. Technology for manufacturing remote automatic regulators (for regulation of temperature, pressure, electric voltage, flow and spin) on board ships.

78. Technology for manufacturing maritime navigation devices for ships and marine works.

79. Automation technology in medical diagnosis and treatment, and for manufacture of pharmaceuticals and medical instruments.

80. Technology for biomass culture synthesizing high-value bioactive substances.

81. Advanced technology for production of vaccines and medical biologicals.

82. Technology for manufacturing new medicines, original patent medicines, generic drugs, medicines for treatment of fatal diseases, social diseases and dangerous diseases and epidemics.

83. Gene and genetics technology for manufacturing preparations for use in disease diagnosis, treatment and prevention.

84. Technology in testing of medicinal materials, herbal and traditional medicines.

85. Advanced technology for extraction of useful active ingredients from agricultural, forest, aquatic, marine, medicinal and microorganism materials for use in sectors and fields.

86. Technology for manufacturing enzyme preparations.

87. Technology for manufacturing microorganism preparations of indigenous origin and good bioactivity and safe for use in fermented products.

88. Technology for manufacturing biological preparations for use as substitutes for antibiotics in husbandry.

89. Precision agriculture technology.

90. Technology for superfast heat-drying of unhusked rice using high-temperature refrigerants.

91. Advanced technology for manufacturing livestock and aquatic animal feeds using proteins, enzymes and microorganisms up to food safety and hygiene standards.

92. Advanced technology for processing and preservation of materials and additives for chemical-free manufacturing of livestock and aquatic animal feeds.

93. Technology for manufacturing new-generation fertilizers with higher use efficiency (at least 10% higher) with less adverse impacts on the soil environment and farm produce compared to common same-type fertilizers found on the market.

94. Technology for culturing cell nuclei and stem cells of insect origin to serve the production of viral plant protection bio-drugs.

95. Insect biochemistry and biophysics technology.

96. Advanced technology in the selection, creation and propagation of plants, domestic animals and aquatic animals of high productivity and quality, resistant to diseases and adaptable to climate change.

97. Technology for breeding and rearing tunas, lobsters and corals.

98. Technology for producing disease-free giant tiger prawn(penaeus monodon)and white-legged prawn parent breeds.

99. Biotechnology in the identification, diagnosis, prevention and treatment of harmful organisms on cultivated plants and domestic animals.

100. Technology for manufacturing kits for quick diagnosis of plant harmful diseases and chemical pesticide residues in harvested farm produce.

101. Advanced technology for industrial-scale preservation and processing of agricultural, aquatic and marine products in value chains (including also exploitation and processing of agricultural sub-products and aquatic products).

102. Technology for processing wood and forest products up to the standards of countries and territories with advanced and developed technologies (Europe, the US and Japan).

103. Technology for deep processing of agricultural and aquatic products into ones with high added value (at least 15%).

104. Cells alive system technology for preservation of farm produce and food on an industrial scale.

105. Wood treatment technology, nano technology, ecological heat-drying technology, environment-friendly impregnation technology for preserving wood and raising quality and competitiveness of wood products.

106. Technology for cold preservation of animal eggs, sperms and zygotes.

107. Technology for transplanting embryos.

108. Genetic/AND technology to serve the management and conservation of flora, sauna and biodiversity.

109. Technology for keeping, conservation and production of breeds and rearing of rare, precious and endangered indigenous aquatic animal species.

110. Technology for controlling the time of blooming, fructification and harvest of agricultural products.

111. Technology for automation of rearing/farming, cultivation and harvest of agricultural products.

112. New and advanced technology in industrial-scale manufacture of auxiliary materials: Glues, surface paints, mechanical engineering spare parts, machine and equipment building.

113. New material technology for making biodegradable planters and seedling pots.

114. Technology for early detection of water veins and CnH2n+2 gas nests.

115. Technology for water-efficient irrigation, nutrient and micronutrient addition and automatic control.

116. Technology for treating seawater into freshwater, with a capacity of over 2,000 liters/hour.

117. Technology for manufacturing 3D printing materials.

118. Technology for manufacturing composite materials in elastic, bimetallic or thrimetallic form.

119. Technology for manufacturing carbon fibers and fabrics and composite-reinforced fibers.

120. Technology for manufacturing environment-friendly hydraulic fluids and fluids for working metals.

121. Technology for manufacturing biodegradable, safe and environment-friendly packaging materials.

122. Advanced technology for recycling and reuse of wastes.

123. Technology for manufacturing materials and products for environmental pollution treatment.

124. Technology for disposing of and recycling household and industrial solid wastes combined with energy recovery without generating byproducts and hazardous wastes.

125. Technology for collection, storage and safe treatment of persistent organic pollutants (POPs).

126. Technology for processing and reuse of industrial wastewater without generating hazardous substances.

127. Technology for improving and restoring polluted environments and ecosystems and seriously degraded environments; responding to and remedying environmental incidents.

128.  Technology for manufacturing water and environmental treatment equipment on a small scale applicable to mountainous, coastal and saltwater-infiltrated residential areas.

129. Automation technology in the control and treatment of intensive and superintensive aquaculture environments.

130. Technology for designing and manufacturing systems for remote supervision of hazardous exhausts by the Fourier-transform infrared spectroscopy method.

131. Technology for carbon recovery and storage.

132. Technology for biogas cleaning.

133. Technology for observation and supervision of natural resources, the environment and biodiversity.

134. Technology for measuring hydro-meteorological elements.

135. Technology for automation of transmission of hydro-meteorological and climate change data to users.

136. Technology for surveillance of and warning about dangerous weather phenomena.

137. Technology for surveillance and measurement of greenhouse emissions.

138. Technology for manufacturing automatic hydro-meteorological observation and real-time communication devices.

139. Advanced technology to forecast typhoons, floods, earthquakes, tsunamis and other natural disasters.

140. Weather impacting technology.

141. Advanced technology for storage, preservation and restoration of museum documents and exhibits.

142. Technology for manufacturing electric elevators with a speed of over 2.5 meters/second.

143. Technologies for modernizing traditional trades and crafts.

Appendix II

LIST OF TECHNOLOGIES RESTRICTED FROM TRANSFER

(To the Government’s Decree No. 76/2018/ND-CP of May 15, 2018)

I. TECHNOLOGIES TRANSFERRED FROM ABROAD INTO VIETNAM AND WITHIN THE VIETNAMESE TERRITORY

1. Technology for manufacturing inert gas filament lamps.

2. Technology for manufacturing vacuum electronic components, low-integrated semi-conductor components.

3. Technology for manufacturing one-layer or two-layer printed circuits.

4. Digital terrestrial television and digital satellite television technologies incompatible with DVB standards; analog television technology.

5. Technology for manufacturing and designing relay information-signal systems.

6. Technology for enriching radioactive substances up to the national standards and technical regulations.

7. Technology for manufacturing steel with induction furnaces, converter furnaces or electric arc furnaces of a capacity of under 70 tons/batch.

8. Steel technology with non-continuous rolling chain.

9. Thermal power technology using oil or coal.

10. Technology for cleaning ship hulls with Nix grains.

11. Technology for manufacturing industrial explosive materials.

12. Technology for manufacturing building materials using white asbestos.

13. Technology for manufacturing ceramic flooring and walling tiles with an output of under 3 million m²/year.

14. Technology for manufacturing baked clay bricks with tunnel furnaces using fossil fuels.

15. Technology for manufacturing float glass with the following fuel and energy consumption levels per ton of product: over 160 kg of fuel oil, 0.5 kg of diesel oil or 100 kWh of electricity.

16. Manufacturing technologies generating persistent organic pollutants (POPs).

17. Technology for manufacturing common chemical fertilizers with an output of under 1,000 tons/year.

18. Technology for isomerization using hydrofluoric acid or sulfuric acid as a catalyst.

19. Technology using toxic chemicals in rearing, cultivation, processing and preservation of farm produce and aquatic products up to the national standards and technical regulations.

20. Technology for manufacturing forest product preservatives containing arsenic.

21. Technology for manufacturing domestic-use germicides, insecticides and rodenticide by biological methods which are hazardous to humans and the environment.

22. Technology using non-indigenous invasive organisms of unidentified origins and characteristics, including animals, plants and microorganisms in the environmental protection, plant protection and other fields.

23. Technology for creating plant varieties and domestic animal breeds by the genetic modification method in agriculture, forestry and aquaculture.

24. Technology using genetically modified strains.

25. Technology for producing plant varieties heavily infected with harmful organisms (pests and diseases).

26. Technology for manufacturing particle boards and fiber boards by the wet method with an output of under 100,000 m³/year.

27. Technology for manufacturing wood furniture decoration materials or for preserving forest products containing phosphorus or high-content volatile organic compound residues.

28. Technology for rearing, culture, production and processing of foods and aquatic and marine products using food preservatives and growth stimulants not yet permitted for use.

29. Open fish powder processing technology causing no environmental pollution.

30. Technology for printing banknotes and minting money coins; technology for manufacturing banknote printing paper and ink.

31. Technology for film printing and development using toxic chemicals up to the national standards and technical regulations.

32. Technology and machines serving the 35-mm plastic film production and projection.

33. Technology for recycling used lubricant oils by the heat treatment, adsorption and/or solvent method.

34. Technologies restricted from transfer under treaties to which Vietnam is a contracting party.

II. TECHNOLOGIES TRANSFERRED FROM VIETNAM ABROAD

1. Technology for producing plant varieties and animal breeds, and rearing, culturing or cultivating key export agricultural, forest and aquatic products.

2. Technology for producing, propagating and culturing precious and rare plant varieties and animal breeds on the list of precious and rare plant and animal species restricted from export.

3. Technology for breeding indigenous organisms having precious genes and potential of being developed into national products and endangered indigenous species which need protection.

4. Technologies for producing foods pertaining to traditional trades and occupations using microorganism strains with precious and rare properties.

5. Technology for processing Vietnamese agricultural, aquatic and pharmaceutical products with valuable brand names and high added value.

6. Technologies restricted from transfer under treaties to which Vietnam is a contracting party.

Appendix III

LIST OF TECHNOLOGIES BANNED FROM TRANSFER

(To the Government’s Decree No. 76/2018/ND-CP of May 15, 2018)

I. TECHNOLOGIES BANNED FROM TRANSFER FROM ABROAD INTO VIETNAM OR WITHIN THE VIETNAMESE TERRITORY

1. Technology for making narcotics.

2. Technology for human embryo cloning.

3. Technology for printing and type-setting with lead plates.

4. Technology for manufacturing batteries by the electrophoresis method.

5. Electrolysis technology using mercury electrodes.

6. Technology using mercury in small-scale gold mining.

7. Technology for manufacturing antifouling paints using mercury.

8. Technology for manufacturing personal handy-phone system (PHS) telephones.

9. Digital enhanced cordless telecommunications (DECT) technology using frequencies incompliant with Vietnam’s frequency master plan.

10. Technology for manufacturing analog, dial-up and ADSL modems.

11. CDMA 2000-1X mobile information technology.

12. Technology for manufacturing television sets and personal computers using electron beams to create images by analog technology.

13. Technology for nullifying the information security function or attacking/hacking information systems, except cases of transfer for national defense and security purposes.

14. Technology for radio frequency interference (except cases of transfer for national defense and security purposes).

15. Technology for blocking the reception and decryption by information systems (except cases of transfer for national defense and security purposes).

16. Technology for nullifying sound-recording, video recording, measuring, counting and weighing devices and speedometers of means of transport, except those used for the security purpose.

17. Technology for nullifying devices to measure, count or calculate electricity volume.

18. Technology for nullifying devices to record telephone call time.

19. Technology for manufacturing two-stroke engines for motor vehicles.

20. Technology for manufacturing automobiles not up to the Euro 3 and Euro 4 emission standards from January 1, 2022.

21. Technology for DC traction motors for railway locomotives and wagons.

22. Technology using rail electric circuits for train signal systems on urban railways.

23. Technology with a system supplying traction electricity of a DC voltage of 3kV for railways.

24. Technology for manufacturing chemical explosive products by manual method.

25. Technology for manufacturing weapons, military equipment, explosive materials other than industrial explosives, technical equipment and devices for national defense and security (except cases of transfer for national defense and security purposes).

26. Technology for making support tools, means and software capable of nullifying equipment to detect unauthorized access to computer networks (except cases of transfer for national defense and security purposes).

27. Technology for nullifying devices to check and detect weapons, explosive materials, narcotics and other dangerous objects (except cases of transfer for national defense and security purposes).

28. Technology for sorting metal minerals, refining metals and manufacturing materials using toxic materials and radioactive substances not up to safety standards and causing environmental pollution.

29. Technology for shaft-kiln cement production.

30. Technology for rotary-kiln cement production by the wet method.

31. Technology for manufacturing building materials using amphibole asbestos (brown and green asbestos).

32. Technology for rotary kiln cement production with a kiln capacity of under 4,000 tons of clinker/day.

33. Technology for manufacturing baked clay bricks with manual kilns, innovated manual kilns, continuous shaft kilns, rotary kilns, innovated rotary kilns (Hoffman type) using fossil fuels (coal, oil, gas).

34. Technology for disposing of wastes by single-level incineration or waste incineration technology without any emission treatment system.

35. Technology for treating hazardous wastes containing organic halogen compounds in excess of hazardous waste limits by single-chamber or double-chamber technology with the smoke temperature in the second chamber of under 1,200^oC.

36. Technology for using household solid waste incinerators of a capacity of under 300 kg/h.

37. Technology for manufacturing wood glue and additives harmful to human health and the environment, such as urea-formaldehyde, phenol-formaldehyde, products with an excessive free formaldehyde content (formaldehyde class > E2).

38. Technology for propagating plant varieties, growing and using exotic organisms (animals, plants and microorganisms) on the list of invasive exotic species.

40. Technology for manufacturing pesticides banned from use in Vietnam.

41. Technology for manufacturing NPK fertilizers by manual methods (rotary pan, crude mixing).

42. Technology for manufacturing forest product preservatives containing substances hazardous for human health and the environment, such as pentachlorophenol (PCP) and dichloro diphenyl trichloroethane (DDT).

43. Technology for manufacturing sulfuric acid by the method of single exposure and single absorption.

44. Technology using chlorofluorocarbons (CFC) and hydrochlorofluorocarbons (HCFC).

45. Technology using persistent organic pollutants (POPs).

46. Technology using mercury as stated in the Minamata Convention on Mercury.

47. Technology for building road base and surface using toxic chemicals and additives harmful to the environment and human health.

48. Technologies banned from transfer under treaties to which Vietnam is a contracting party.

II. TECHNOLOGIES TRANSFERRED FROM VIETNAM ABROAD

1. Technologies banned from transfer under treaties to which Vietnam is a contracting party.

2. Technologies classified as state secrets.-