Vietnam: Public consultation starts for the amendment of Decree No. 76/2018/ND-CP on technology transfer

26 Sept 2024    1 minute read
Public Consultation Starts for the Amendment of Decree No. 76 2018 ND-CP on Technology Transfer

In brief

The Ministry of Science and Technology recently published a draft decree ("Draft Amended Decree") to amend and supplement several articles of Decree No. 76/2018/ND-CP detailing several provisions of the Law on Technology Transfer ("Decree 76"). The public consultation phase for this Draft Amended Decree will end on 15 November 2024. The Draft Amended Decree is expected to take effect in 2025. 

Contents

In more detail

The purposes of the Draft Amended Decree are to (i) reflect Vietnam's new directives and initiatives on technology advancement that were issued after Decree 76 came into effect, (ii) further streamline the application of Decree 76 and (iii) promote technology activities in business through reducing administrative burdens.

Below are the notable changes of the Draft Amended Decree:

  • Lists of technologies encouraged, restricted and prohibited for transfer: These lists are to be updated to reflect the rapid changes in the field of technology. For example, the encouraged technologies list will include AI, cloud computing, blockchain and big data technologies.
  • Using IP rights as collateral for loans: While IP rights can still be used to support loans for science and technology projects, start-ups, and applications of scientific and technological research to production and business , the Draft Amended Decree no longer allows IP license to be used as collateral for these loans.
  • Technology transfer registration procedures and requirements in specific cases: Technology transfer registration procedures will become less ambiguous and more streamlined. For instance, the Draft Amended Decree clarifies the criteria for examining a technology transfer registration dossier. In addition, this registration procedure under the Law on Technology Transfer will be carried out independently from the IP transfer recordal procedures under the Law on Intellectual Property.
  • IP protection for the transferred technology: If the transferred technology has been applied for or granted IP protection in Vietnam or in foreign countries, (i) a notarized or certified copy of the application acceptance or protection certificate must be submitted with the technology transfer registration dossier and (ii) the technology transfer period must not exceed the IP protection period.

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Hai Hoang Nguyen, IP Director, has contributed to this legal update.

Contact Information
Manh Hung Tran
Partner at BakerMcKenzie
Hanoi
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tmh@bmvn.com.vn
Cam Tu Nguyen
Associate at BakerMcKenzie
Hanoi
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camtu.nguyen@bmvn.com.vn
Jenny Dang
Associate at BakerMcKenzie
Hanoi
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jenny.dang@bmvn.com.vn

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