Law Amending Law on Technology Transfer 2025, No. 115/2025/QH15

LAW

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE LAW ON TECHNOLOGY TRANSFER

Pursuant to the Constitution of the Socialist Republic of Vietnam, as amended and supplemented by the Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of the Law on Technology Transfer No. 07/2017/QH14, which was amended and supplemented by the Law No. 16/2023/QH15 and Law No. 93/2025/QH15.

Article 1. Amending and supplementing a number of articles of the Law on Technology Transfer

1. To amend and supplement a number of clauses of Article 2 as follows:

a) To add Clause 5a after Clause 5 as follows:

“5a. Green technology refers to the technology which is aimed at the efficient use of resources, energy conservation, emission reduction, and environmental friendliness, contributing to the promotion of sustainable development.”;

b) To amend and supplement Clause 7 as follows:

“7. Technology transfer means a science, technology and innovation activity carried out through the transfer of the ownership or the right to use a given technology in order to put the technology into practical application to create new products, services or production methods.”;

c) To amend and supplement Clause 11 as follows:

“11. Commercialization of results of scientific research, technological development and innovation means the exploitation, perfection, application, transfer, and other activities related to results of scientific research, technological development and innovation for the profit purpose.”;

d) To amend and supplement Clause 18 as follows:

“18. Technology valuation means the provision of consultancy by a valuation enterprise or valuation council on the determination of the value of a technology subject to valuation at a given place and a given time to serve specific purposes according to the Vietnamese valuation standards.”.

2. To amend and supplement a number of clauses of Article 3 as follows:

a) To amend and supplement Clause 3 as follows:

“3. To prioritize the transfer from abroad into Vietnam and within Vietnam of high technologies, strategic technologies, advanced technologies, new technologies, clean technologies, green technologies, and technologies serving the important national projects and key projects, and defense and security-serving technologies; to arrange investment resources for technology transfer in agriculture and rural areas; to attach importance to the transfer of technologies to socio-economic difficulty-stricken, exceptional socio-economic difficulty-stricken areas, mountainous areas or islands.”;

b) To amend and supplement Clause 5 as follows:

“5. To promote the transfer of high technologies, strategic technologies and advanced technologies from abroad into Vietnam; to encourage the transfer of technologies from Vietnam abroad; to promote technology transfer within Vietnam; to attach importance to the spillover effects of high technologies, strategic technologies, and advanced technologies from foreign-invested enterprises to domestic ones; to promote the innovation movement among organizations and individuals.”;

c) To add Clause 5a after Clause 5 as follows:

“5a. To encourage foreign organizations and individuals to conduct technology transfer activities for Vietnamese organizations and individuals in order to improve the capacity to receive, master, and innovate domestic technologies; the transfer of technology in foreign investment activities shall be conducted on a voluntary basis by mutual agreement between the parties, ensuring compliance with the law on intellectual property and conformity with treaties to which the Socialist Republic of Vietnam is a contracting party.

To prioritize the application of incentive policies regarding investment, taxation, land, credit, and other encouraging measures for foreign investment projects involving technology transfer, human resource training, and the development of capacity for research, design, manufacturing, or application of technologies in Vietnam.”;

3. To amend and supplement Point b Clause 1 Article 4 as follows:

“b) Technological plans or processes; technical solutions, specifications, designs, and diagrams; models, algorithms, formulas, software, information, and data;”.

4. To amend and supplement Clause 1 Article 6 as follows:

“1. Transferring technology-related documents, quality management processes, relevant technical specifications and standards.”.

5. To amend and supplement Article 7 as follows:

“Article 7. The right to transfer technologies

1. The rights to own and the rights to use a technology shall be established, recognized, and protected in accordance with the law on intellectual property, the law on science, technology and innovation, the law on management and use of public assets, the civil law, other relevant law regulations, and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. The owner of a technology may transfer the right to own or to use the technology.

3. An organization or individual that has the right to use a technology may transfer such right to another organization or individual when it is so consented by the owner of the technology in writing or in another form as prescribed by law regulations.

4. The scope of transfer of the right to use a technology as agreed upon by the parties covers:

a) Exclusive or non-exclusive use of the technology;

b) The transferee’s right to further transfer the right to use the technology to a third party.

5. The transferee has the right to improve, develop, and exploit the technology based on the transferred technology in accordance with the law on intellectual property and other relevant law regulations.

6. In case of the right to own or to use a technology by multiple organizations and individuals, the transfer of the ownership or the right to use the technology shall be conducted in accordance with this Law, the civil law, and other relevant legal provisions.

7. In case a technology is integrated into products, machinery, equipment, or systems, the right to own or the right to use the technology does not naturally arise together with the right to own such products, machinery, equipment, or systems, unless otherwise prescribed by law regulations or otherwise agreed upon by the parties in accordance with law regulations.  The right to own and the right to use a technology must be determined separately from the right to own the products, machinery, equipment, or systems integrated with the technology.”.

6. To amend and supplement Article 8 as follows:

“Article 8. Contribution of technology as capital

1. Organizations and individuals that are the lawful owners of a technology are entitled to contribute such technology as capital to an investment project or an enterprise, and to commercialize the technology in accordance with the law on science, technology and innovation, the law on intellectual property, the law on management and use of public assets, the law on enterprises, and other relevant law regulations.

2. For a state-funded investment project, the technology contributed as capital must undergo technology valuation in accordance with the law on price and have its lawful right to own or right to use verified before the contribution is executed.

3. The State encourages the contribution of technology as capital that is created from science, technology and innovation activities of Vietnamese organizations, individuals, and enterprises through support measures for technology valuation, and the establishment of the lawful right to own or right to use the technology.”.

7. To amend and supplement a number of clauses of Article 9 as follows:

a) To amend and supplement Clause 1 as follows:

“1. High technologies which are prioritized for development investment and strategic technologies as prescribed by the law on high technologies.”;

b) To amend and supplement the first paragraph of Clause 2 as follows:

“2. Advanced technologies, new technologies, clean technologies, or green technologies suitable to Vietnam’s socio-economic conditions shall be encouraged for transfer from abroad into Vietnam or within Vietnam if they meet one of the following requirements:”;

c) To amend and supplement Point b Clause 2 as follows:

“b) Creating new products or services;”.

8. To amend the title of Chapter II as follows:

“Chapter II

APPRAISAL OF TECHNOLOGIES”.

9. To amend and supplement Article 13 as follows:

“Article 13. Appraisal of or giving opinions on technologies of investment projects

1. In the stage of consideration and decision on investment policy, the appraisal of technologies of investment projects using public investment funds must comply with the law on public investment, and the appraisal of technologies of investment projects in the form of public-private partnership shall comply with the law on investment in the form of public-private partnership.

2. In the stage of approval of investment policy or issuance of investment registration certificates for projects not subject to investment policy approval under the Law on Investment, except for investment projects under the Law on Investment that fall under the cases specified at Points a and b, Clause 3 of this Article, the following investment projects shall be appraised or given opinions on in accordance with this Law:

a) Investment projects using technologies restricted from transfer;

b) Technology-using investment projects at risk of adversely affecting the environment in accordance with the law on environmental protection.

3. In the stage of consideration and decision on investment or project approval, the appraisal of, or giving of opinions on, technology shall be carried out as follows:

a) For construction investment projects using technologies restricted from transfer or technology-using construction investment projects at risk of adversely affecting the environment in accordance with the law on environmental protection, their technologies shall be appraised or given opinions on in accordance with this Law;

b) For technology-using construction investment projects other than those prescribed at Point a of this Law, their contents of technologies shall be appraised in accordance with the construction law;

c) For investment projects using public investment funds without construction components, and projects on investment in the form of public-private partnership with or without construction components, their contents of technologies shall be appraised in accordance with the law on public investment and the law on investment in the form of public-private partnership.

4.  In the process of implementing an approved investment project, if there is an adjustment to the approval of investment policy, the issuance of the investment registration certificate, the investment decision, or the investment project approval which involves any adjustment to or change in the technological content already appraised or given opinions on by a competent state management agency, the procedures for appraisal of or giving of opinions on technology must be carried out in accordance with Clause 2, and Points a and b Clause 3 of this Article.

5. The Government shall detail the explanation on technology use in investment project dossiers; and the competence, dossiers, procedures, contents, and funding for the appraisal of or giving of opinions on technology of investment projects as prescribed in Clause 2, Point a Clause 3, and Clause 4 of this Article.”.

10. To amend and supplement a number of clauses of Article 20 as follows:

a) To amend and supplement Point a Clause 1 as follows:

a) Technology assessment, appraisal, and inspection council;”;

b) To amend and supplement Clause 3 as follows:

“3. Members of an advisory council, independent consultancy organizations, and independent consultants shall take responsibility before law for their opinions and keep confidential information relating to the investment project appraised.”;

c) To amend and supplement Point a Clause 4 as follows:

“a) In the stage of investment policy decision, the grant of investment registration certificates shall be covered by the state budget;”.

11. To amend and supplement a number of clauses of Article 21 as follows:

a) To amend and supplement Clause 1 as follows:

“1. The application of technologies in investment projects under Article 13 of this Law shall be examined and supervised in the course of implementation.”;

b) To amend and supplement Clause 2 as follows:

“2. The examination and supervision of technology in investment projects prescribed in Clause 1 of this Article shall be carried out in accordance with this Law, the law on investment, and other relevant law regulations.”;

c) To add Point c after Point b, Clause 3 as follows:

“c) To conduct examination of organizations, enterprises, and individuals receiving incentives and support related to technology transfer activities.”;

d) To add Clause 4 after Clause 3 as follows:

“4. The Government shall detail this Article.”.

12. To amend and supplement a number of clauses of Article 29 as follows:

a) To amend and supplement Clause 2 as follows:

“2. An organization or individual transferring a technology restricted from transfer shall submit a dossier of request for approval of technology transfer to the provincial-level People's Committee of the locality where the technology is received.”;

b) To amend and supplement Clause 3 as follows:

“3. Within 3 working days after receiving a dossier, the provincial-level People's Committee shall consider it; if the dossier is invalid, it shall send a written request to the requester for supplementing the dossier as prescribed.”;

c) To amend and supplement Clause 4 as follows:

“4. Within 30 days after receiving a valid dossier, the provincial-level People's Committee shall issue a written approval of technology transfer; in case of disapproval, it shall issue a written reply, clearly stating the reason.”.

13. To amend and supplement a number of clauses of Article 30 as follows:

a) To amend and supplement Clause 2 as follows:

“2. After obtaining a written approval from the provincial-level People's Committee, the technology transferor shall sign the technology transfer contract.”;

b) To amend and supplement Clause 3 as follows:

“3. Within 60 days after signing the technology transfer contract, the party obliged to apply for a technology transfer license shall send 1 set of dossier of application for such license to the provincial-level People's Committee.”;

c) To amend and supplement Clause 4 as follows:

“4. Within 5 working days after receiving a dossier, the provincial-level People's Committee shall consider it; if the dossier is invalid, it shall send a written request to the requester for supplementing the dossier as prescribed.

Within 60 days after the date of issuance of the written request for dossier supplementation, the parties shall supplement the dossier as requested or may make a written request for extension of the time limit for implementation. The extended time must not exceed 60 days; past this time limit, if the parties fail to supplement the dossier as requested, the provincial-level People's Committee shall issue a notice to refuse the grant of a technology transfer license and, if requested, return the dossier.”;

d) To amend and supplement Clause 5 as follows:

“5. Within 15 working days after receiving a valid dossier, the provincial-level People's Committee shall appraise the dossier and grant a technology transfer license; if refusing to grant a license, it shall issue a written reply clearly stating the reason.”.

14. To amend and supplement the title and a number of clauses of Article 31 as follows:

a) To amend and supplement the title of Article 31 as follows:

“Article 31. Registration of technology transfer and provision of technology transfer information”;

b) To add Clause 1a before Clause 1 as follows:

“1a. “1a. Organizations and individuals engaged in technology transfer activities are encouraged to timely provide full and accurate information related to technology transfer activities on the National Digital Platform for Science, Technology and Innovation Management.”;

c) To amend and supplement Point c Clause 1 as follows:

“c) Transfer of technology within Vietnam using state capital or the state budget.”;

d) To amend and supplement Clause 2 as follows:

“2. The State shall encourage the registration of technology transfer contracts not subject to registration under Clause 1 of this Article.

The technology transfer registration certificate serves as a basis for priority consideration during the selection or direct assignment of science, technology, and innovation tasks, and for the application of incentive policies.”.

15. To amend and supplement Article 35 as follows:

“Article 35. Supports and incentives for organizations and individuals to apply and innovate technologies

1. The State shall support enterprises with projects in geographical areas and fields eligible for investment incentives to engage in technology transfers with science and technology organizations.

2. The State shall encourage cooperation in various forms between enterprises and agencies, organizations and individuals to implement investment projects on technology innovation, innovative startups and development of infrastructure facilities to serve the development of science, technology and innovation.

3. Socio-political organizations, social organizations and socio-professional organizations shall, within the ambit of their respective functions and tasks, facilitate the transfer of technologies to organizations, enterprises and individuals.

4. The State supports organizations and enterprises in conducting technology transfer activities through the National Technology Innovation Fund, science, technology and innovation development funds of Ministries, ministerial-level agencies, government-attached agencies, other central agencies, and provincial-level People's Committees, as well as other forms of support as prescribed by law regulations.

5. The State shall allocate the budget to develop a network of science and technology organizations with functions in technology application, transfer, renewal, and innovation, including innovation centers, innovative startup support centers, and intermediary organizations of the science and technology market. These entities perform activities to support small and medium-sized enterprises, cooperatives, business households, and business individuals in applying advanced processes and techniques, available technologies, and management methods with proven effectiveness to improve product and service quality and productivity, and business competitiveness.

6. The Government shall detail this Article.”.

16. To add Article 35a after Article 35 as follows:

“Article 35a. The State's procurement and dissemination of technology

1. The State shall purchase the right to own or the right to use a technology for dissemination for the following purposes:

a) Serving national defense and security;

b) Serving activities of education, health, environmental protection, and the prevention and control of natural disasters and epidemics.

2. The procurement of a technology must ensure the following requirements: The technology must have practical use value, be suitable for implementation capacity, have clear intellectual property rights, and involve transparent and effective use of the budget.

3. The State shall disseminate a technology through one or more forms: Providing the technology free of charge or with incentives, or granting conditional rights to use the technology; and promoting cooperation for joint technology development to improve the capacity of Vietnamese organizations and enterprises.

4. The Government shall detail this Article.”.

17. To amend and supplement a number of clauses of Article 42 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Importing, decoding and mastering high technologies, strategic technologies, advanced technologies, clean technologies and green technologies to serve the achievement of the objectives of national, sectoral, regional and local socio-economic development strategies, master plans and plans;”;

b) To amend and supplement Clause 3 as follows:

“3. Promoting the exploitation and use of results of scientific research, technological development and innovation, and technological ideas to serve enterprises, individuals’ and groups of individuals’ innovative startups, organizations supporting innovation, supporting innovative startups, technology incubators, science and technology enterprise incubators and hi-tech enterprise incubators;”;

c) To amend and supplement Clause 4 as follows:

“4. Assessing and appraising new technologies and products created in Vietnam from results of scientific research, technological development and innovation in order to encourage their use in state-funded investment projects and to enjoy incentives in accordance with the law on bidding;”;

d) To amend and supplement Clause 5 as follows:

“5. Providing training to raise the capacity to absorb and master technologies for enterprises; commercializing results of scientific research, technological development and innovation; linking and exchanging scientific and technological personnel between research institutions or training institutions and production and business establishments;”.

18. To amend and supplement a number of points of Clause 2 Article 43 as follows:

a) To amend and supplement Point a as follows:

“a) Building technical infrastructure and supporting the operation of science and technology exchanges, innovation centers, innovative startup support centers, and intermediary organizations of the science and technology market;”;

b) To add Point d after Point c as follows:

“d) Public-private partnership and mobilization of social resources in the investment and operation of intermediary organizations.”.

19. To add a number of clauses in Article 44 as follows:

a) To add Clause 4 after Clause 3 as follows:

“4. The State encourages organizations and individuals to transfer technology abroad through market promotion cost support.”;

b) To add Clause 5 after Clause 4 as follows:

“5. The Government shall detail this Article.”.

20. To amend and supplement Clause 5 Article 52 as follows:

“5. The Minister of Agriculture and Environment shall promulgate a list of technical advances related to varieties, breeds, products, production processes, technical solutions and managerial solutions encouraged for transfer in agriculture; and criteria, order and procedures for recognition as technical advances.”.

21. To amend and supplement a number of clauses of Article 54 as follows:

a) To add Clause 1a after Clause 1 as follows:

“1a. Formulating and submitting to the Government for promulgation a Decree on the organization and operation of the national technology innovation fund.”;

b) To add Clause 9a after Clause 9 as follows:

“9a. Assessing the effectiveness of technology transfer using the state budget. The assessment results shall serve as a basis for policy-making, risk control, allocation of incentive resources and support, and improving the efficiency of state management of technology transfer activities.”;

c) To amend and supplement Clause 10 as follows:

“10. To conduct examination, settle complaints and denunciations, and handle violations of the law on technology transfer.”.

22. To amend and supplement a number of clauses of Article 56 as follows:

a) To add Clause 3a after Clause 3 as follows:

“3a. To grant and revoke technology transfer licenses for technologies on the list of technologies restricted from transfer;”;

b) To amend and supplement Clause 5 as follows:

“5. Organize the inspection and assessment of technology transfer effectiveness for programs, projects, and tasks using the local state budget; develop, manage, and update the system of databases, information, and statistics on technology transfer, application, and innovation activities; and send annual reports to the Ministry of Science and Technology on results of effectiveness assessments and inspection, and technology transfer statistics;”.

23. To amend Clause 2 Article 57 as follows:

“2. The Ministry of Science and Technology shall coordinate with the Ministry of Finance in developing a system of statistical  indexes and organizing the collection of statistics on technology transfer, application and innovation activities of enterprises; and perform the connection and sharing of statistics on technology transfer, application and innovation;”.

24. To repeal Clause 2 and Clause 6 Article 2; Articles 14, 15, 16, 17, 18, 19, 36, 37 and 40; and Clause 4 Article 54.

Article 2. Effect

1. This Law takes effect on April 01, 2026, except for cases prescribed in Clause 2 of this Article.

2. Clauses 2, 3, and 4 Article 29, and Clauses 2, 3, 4, and 5 Article 30 of the Law on Technology Transfer No. 07/2017/QH14 (which was amended and supplemented by Law No. 16/2023/QH15 and Law No. 93/2025/QH15), as amended and supplemented by Clause 12 and Clause 13 Article 1, and Point a Clause 21 Article 1 of this Law, shall take effect from the date this Law is passed.

Article 3. Transitional provisions

1. Technology transfer agreements signed before the effective date of this Law shall continue to be performed. In case of any amendment, supplementation, or extension of such agreements after the effective date of this Law, the provisions of this Law shall apply.

2. Dossiers for registration or extension of technology transfer contracts received before the effective date of this Law but have not yet resolved by the effective date of this Law shall be processed in accordance with the Law on Technology Transfer No. 07/2017/QH14, as amended and supplemented by Law No. 16/2023/QH15 and Law No. 93/2025/QH15.

3. Dossiers for approval or licensing of technology transfer received before July 1, 2025, but have not yet resolved by the effective date of this Law, shall be processed in accordance with the Law on Technology Transfer No. 07/2017/QH14, as amended and supplemented by Law No. 16/2023/QH15 and Law No. 93/2025/QH15.

4. For investment projects using technologies on the List of technologies restricted from transfer, or technology-using investment projects at risk of adversely affecting the environment with investment policy decision or investment policy approval, grant of investment registration certificates, or investment project decision or approval before the effective date of this Law but the appraisal of or giving opinions on technologies of investment projects has not been undergone by competent state agencies, if there is an adjustment to the investment policy, investment registration certificates, or investment project decision or approval after the effective date of this Law that involves amendments or supplements to the technological contents, the appraisal of or giving opinions on technologies of investment projects must be carried out in accordance with this Law.

5. For dossiers of request for appraisal of or giving opinions on technologies in the stage of investment policy approval or investment decision that were received before the effective date of this Law but have not yet been resolved, the appraisal of or giving opinions on technologies for consideration and approval of investment policy or investment decision shall comply with Law on Technology Transfer No. 07/2017/QH14 (which was amended and supplemented by Law No. 16/2023/QH15 and Law No. 93/2025/QH15); Law on Construction No. 50/2014/QH13 (which was amended and supplemented by Law No. 03/2016/QH14 and Law No. 62/2020/QH14).

^{_____________________________________________________________________________________________}

This Law was adopted on December 10, 2025, by the XV^thNational Assembly of the Socialist Republic of Vietnam at its 10^th session.