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

LAW

Amending and Supplementing a Number of Articles of the Law on Technology Transfer¹

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

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

Article 1. To amend and supplement a number of articles of the Law on Technology Transfer

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

a/ To add Clause 5a below Clause 5 as follows:

“5a. Green technology means a technology that uses natural resources efficiently, saves energy and reduces emissions and is environmentally friendly, thereby contributing to promoting sustainable development.”;

b/ To amend and supplement Clause 7 as follows:

“7. Technology transfer means a science, technology or innovation activity, which is conducted through the transfer of the right to own or to use a technology to practically apply the technology to create new products, services or production methods.”;

c/ To amend and supplement Clause 11 as follows:

“11. Commercialisation of scientific research, technological development and innovation results means the exploitation, improvement, application or transfer of, or another activity related to, scientific research, technological development and innovation results for profit-making purposes.”;

d/ To amend and supplement Clause 18 as follows:

“18. Technology valuation means a consultation activity to determine the value of a technology subject to valuation at a certain place and time for a certain purpose that is carried out by a valuation enterprise or valuation council according to the Vietnam 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 prioritise the transfer from abroad into Vietnam and within Vietnam of high technologies, strategic technologies, advanced technologies, new technologies, clean technologies, green technologies, technologies serving national key projects and major projects, and defence and security-serving technologies; to arrange investment resources for technology transfer activities in the agriculture and rural areas sector; to attach importance to the transfer of technologies to areas facing socio-economic difficulties or extreme socio-economic difficulties, mountainous areas and 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 diffusion of high technologies, strategic technologies and advanced technologies from foreign-invested enterprises to domestic ones; to promote innovation movements among organisations and individuals.”;

c/ To add Clause 5a below Clause 5 as follows:

“5a. To encourage foreign organisations and individuals to transfer technologies to Vietnamese organisations and individuals to enhance domestic entities’ capacity to absorb, master and innovate technologies; technology transfer in foreign investment activities shall be carried out on a voluntary basis as agreed upon by involved parties, ensuring compliance with the law on intellectual property and treaties to which the Socialist Republic of Vietnam is a contracting party.

Priority shall be given to the application of incentive policies on investment, tax, land and credit, and other measures to encourage, foreign investment projects involving technology transfer, training of human resources and development of the capacity for research, design, manufacturing and application of technologies in Vietnam.”;

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

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

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

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

5. To amend and supplement Article 7 as follows:

“Article 7. The right to transfer technologies

1. The right to own and the right to use technologies shall be established recognised and protected in accordance with the law on intellectual property, the law on science, technology and innovation, the law on the management and use of public assets, the civil law, other relevant laws, 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 organisation or individual that has the right to use a technology may transfer such right to another organisation or individual when it is consented in writing or other forms by the owner of the technology in accordance with law.

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

a/ The exclusive or non-exclusive right to use the technology;

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

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

6. In case the right to own or to use a technology belongs to more than one organisation or individual, the transfer of such right must comply with this Law, the civil law, and other relevant laws.

7. In case a technology is incorporated into products, machinery, equipment or systems, the right to own or to use the technology shall not automatically arise together with the right to own such products, machinery, equipment or systems, unless otherwise prescribed by law or agreed upon by involved parties in accordance with law. The right to own or to use the technology shall be determined separately from the right to own products, machinery, equipment or systems incorporating the technology.”.

6. To amend and supplement Article 8 as follows:

“Article 8. Contribution of technologies as capital

1. Organisations and individuals that are lawful owners of technologies may contribute the technologies as capital to investment projects or enterprises, and may commercialise the technologies 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 laws.

2. Technologies contributed as capital to state-funded investment projects must be subject to valuation in accordance with the law on price and the lawful right to own or to use such technology shall be certified prior to the capital contribution.

3. The State shall encourage the contribution of capital using technologies created from the scientific, technological and innovative activities of Vietnamese organisations, individuals and enterprises through measures to support valuation and establishment of the lawful right to own or to use the technologies.”.

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 prioritised for development investment, and strategic technologies in accordance with the law on high technology.”;

b/ To amend and supplement the opening paragraph of Clause 2 as follows:

“2. Advanced technologies, new technologies, clean technologies and 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 and 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 of opinions on, technologies of investment projects

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

2. In the stage of investment policy approval or issuance of investment registration certificates, for projects not subject to investment policy approval in accordance with the Law on Investment, except investment projects under the Law on Investment specified in Points a and b, Clause 3 of this Article, it is required to conduct appraisal or seek opinions on technologies of the following projects:

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 investment decision consideration or project approval, the appraisal of, or seeking of opinions on, technologies 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, the appraisal of, or seeking of opinions on, their technologies must comply with this Law;

b/ For construction investment projects using technologies other than those specified in Point a of this Law, their 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 technologies shall be appraised in accordance with the law on public investment or the law on investment in the form of public-private partnership.

4. During the implementation of an approved investment project, if the investment policy approval is adjusted or if the investment registration certificate, investment decision, or investment project approval is issued with adjustments to or changes in the technologies that have been appraised or given opinions on by competent state management agencies, the project must undergo procedures for appraisal of, or seeking of opinions on, the technologies under Clause 2, and Points a and b, Clause 3, of this Article.

5. The Government shall stipulate in detail contents on the explanation of technology use in dossiers of investment projects; and the competence, dossiers, procedures, contents and funds for the appraisal of, or seeking of opinions on, technologies of investment projects under 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/ A technology assessment, appraisal and inspection council;”;

b/ To amend and supplement Clause 3 as follows:

“3. Members of advisory councils, independent advisory organisations, and independent advisory experts shall take responsibility before law for their opinions and keep confidential information related to the investment project.”;

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

“a/ In the stage of investment policy decision and issuance of investment registration certificates, these funds 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 subject to examination and supervision throughout the implementation process.”;

b/ To amend and supplement Clause 2 as follows:

“2. The examination and supervision of technologies in investment projects under Clause 1 of this Article must comply with this Law, the law on investment and other relevant laws.”;

c/ To add Point c below Point b, Clause 3 as follows:

“c/ To examine organisations, enterprises and individuals eligible for incentives and support related to technology transfer activities.”;

d/ To add Clause 4 below Clause 3 as follows:

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

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

a/ To amend and supplement Clause 2 as follows:

“2. Organisations and individuals transferring technologies restricted from transfer shall send dossiers of request for approval of technology transfer to the provincial-level People’s Committees of the localities where the technologies are transferred to.”;

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, the provincial-level People’s Committee shall send a written reply to the organisation or individual to request the latter to supplement 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 licence shall send 1 set of dossier of application for such licence to the provincial-level People’s Committee.”;

c/ To amend and supplement Clause 4 as follows:

“4. Within 5 working days after receiving the dossier, the provincial-level People’s Committee shall examine it; if the dossier is invalid, the provincial-level People’s Committee shall send a written reply to the applicant to request the latter to modify or supplement 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 or may make a written request for extension of the time limit for supplementation. The extended time must not exceed 60 days; past this time limit, if the parties fail to supplement the dossier, the provincial-level People’s Committee shall issue a notice of refusal to issue a technology transfer licence and, if requested, return the dossier.”;

d/ To amend and supplement Clause 5 as follows:

“5. Within 15 working days after receiving the valid dossier, the provincial-level People’s Committee shall appraise the dossier and issue a technology transfer licence; if refusing to issue the licence, 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-related information”;

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

“1a. To encourage organisations and individuals participating in technology transfer activities to timely provide complete 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 within Vietnam of technologies funded with state capital or by 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.

A technology transfer registration certificate serves as a basis for consideration and grant of priorities when selecting and assigning science, technology and innovation tasks, and applying incentive policies.”.

15. To amend and supplement Article 35 as follows:

“Article 35. Support and incentives for organisations 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 transfer activities with science and technology organisations.

2. The State shall encourage forms of cooperation between enterprises and agencies, organisations and individuals to implement investment projects on technology innovation, innovative startup, and development of infrastructure serving science and technology development and innovation.

3. Socio-political organisations, social organisations and socio-professional organisations shall, within the ambit of their functions and tasks, create favourable conditions for the transfer of technologies to organisations, enterprises and individuals.

4. The State shall support organisations and enterprises in carrying out 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, and other forms of support as prescribed by law.

5. The State shall reserve budget funds to develop a network of science and technology organisations with the functions of applying, transferring and innovating technologies, and innovation; innovation centres; centres supporting innovative startups; and intermediary organisations of the science and technology market that support small- and medium-sized enterprises, cooperatives, individual business households, and business individuals in applying advanced processes and techniques, available technologies, and proven management methods to improve productivity, product and service quality, and their competitiveness.

6. The Government shall detail this Article.”.

16. To add Articles 35a below Article 35 as follows:

“Article 35a. Technology procurement and dissemination by the State

1. The State shall procure the right to own or to use technologies for dissemination with the aim of:

a/ Serving national defence and security;

b/ Serving the education, health, environmental protection, and disaster and epidemic prevention and control work.

2. The procurement of technologies must ensure the following requirements: the technologies have practical value, are suitable for implementation capacity, possess clear intellectual property rights, and ensure the transparent and efficient use of budget funds.

3. The State shall disseminate technologies through one or more than one form as follows: free licensing, preferential licensing, or conditional licensing of technologies; and promote cooperation in co-developing technologies to enhance the capacity of Vietnamese organisations 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 national, sectoral, regional and local socio-economic development objectives, strategies, master plans and plans;”;

b/ To amend and supplement Clause 3 as follows:

“3. Promoting the exploitation and use of scientific research, technological development and innovation results and technological ideas to serve innovative startup enterprises, innovative startup individuals and groups of innovative startup individuals, organisations supporting innovation, organisations supporting innovative startup, 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 scientific research, technological development and innovation results to encourage their use in investment projects funded by the state budget and provide 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; commercialising scientific research, technological development and innovation results; 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 centres, creative startup support centres, and intermediary organisations of the science and technology market;”;

b/ To add Point d below Point c as follows:

“d/ Carrying out public-private partnership, mobilising social resources in investing in and operating intermediary organisations.”

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

a/ To add Clause 4 below Clause 3 as follows:

“4. The State shall encourage organisations and individuals to transfer technology abroad through provision of financial support for market promotion expenses.”;

b/ To add Clause 5 below 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 in the field of agriculture that are encouraged for transfer; 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 below Clause 1 as follows:

“1a. To formulate and submit to the Government for promulgation a decree on the organisation and operation of the National Technology Innovation Fund.”;

b/ To add Clause 9a below Clause 9 as follows:

“9a. To evaluate the efficiency of state budget-funded technology transfers. The evaluation results shall serve as a basis for policymaking, risk control, allocation of preferential resources, and support and improvement of the effectiveness 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 below Clause 3 as follows:

“3a. Issuing and revoking technology transfer licences for technologies on the List of technologies restricted for transfer;”;

b/ To amend and supplement Clause 5 as follows:

“5. To organise the examination and evaluation of the efficiency of technology transfer for state budget-funded programmes, projects and tasks in their localities; to build, manage and update systems of databases, information and statistics on technology transfer, application and innovation activities; to annually report on the results of examination and evaluation of the efficiency of, and statistics on, technology transfer to the Ministry of Science and Technology;”.

23. To amend and supplement 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 indicators and organising the collection of statistical information on technology transfer, application and innovation activities of enterprises; and connect and share statistical data on technology transfer, application and innovation;”.

24. To annul Clauses 2 and 6, Article 2; Articles 14 thru 19, 36, 37 and 40; and Clause 4, Article 54.

Article 2. Effect

1. This Law takes effect on April 1, 2026, except Clause 2 of this Article.

2. Clauses 2, 3 and 4, Article 29; and Clauses 2 thru 5, Article 30, of Law No. 07/2017/QH14 on Technology Transfer, which has a number of articles amended and supplemented under Law No. 16/2023/QH15 and Law No. 93/2025/QH15, amended and supplemented under Clauses 12 and 13, Article 1; and Point a, Clause 21, Article 1 of this Law take effect on 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 implemented; in case the agreements are amended, supplemented or extended after the effective date of this Law, this Law shall apply.

2. Dossiers of request for registration or extension of technology transfer contracts that are accepted before the effective date of this Law but, by the effective date of this Law, have yet to be settled, shall be further settled under Law No. 07/2017/QH14 on Technology Transfer, which has a number of articles amended and supplemented by Law No. 16/2023/QH15 and Law No. 93/2025/QH15.

3. Dossiers of request for approval and licensing of technology transfer that were accepted before July 1, 2025, but, by the effective date of this Law, have yet to be settled, shall be further settled under Law No. 07/2017/QH14 on Technology Transfer, which has a number of articles amended and supplemented under Law No. 16/2023/QH15 and Law No. 93/2025/QH15.

4. For investment projects using technologies on the List of technologies restricted for transfer or technology-using projects likely to cause adverse impacts to the environment for which the investment policy decision or investment policy approval is made or the investment registration certificate is issued, or which are decided or approved before the effective date of this Law, in case the projects have not yet undergone the process of appraisal of, or seeking of opinions on, technologies from competent state agencies, if, after the effective date of this Law, there is an adjustment to the investment policy, investment registration certificate or investment project decision or approval, involving amendments or supplements to the technology content, projects must undergo the process of appraisal of, or seeking of opinions on, technology as prescribed by this Law.

5. For dossiers of request for appraisal of, or giving of opinions on, technology during the stage of consideration for investment policy approval or investment decision which are accepted before the effective date of this Law but, by the effective date of this Law, have yet to be settled, the appraisal of, or giving of opinions on, technology for the purpose of considering investment policy approval or investment decision must comply with Law No. 07/2017/QH14 on Technology Transfer, which has a number of articles amended and supplemented under Law No. 16/2023/QH15 and Law No. 93/2025/QH15, and Construction Law No. 50/2014/QH13, which has a number of articles amended and supplemented under Law No. 03/2016/QH14 and Law No. 62/2020/QH14.

This Law was passed on December 10, 2025, by the 15 National Assembly of the Socialist Republic of Vietnam at its 10 session.

Chairman of the National Assembly
TRAN THANH MAN