Perfecting the legal framework to promote technology transfer activities

The Law on Technology Transfer 2017 has created a legal framework for technology transfer activities within the country, from foreign countries to Vietnam and from Vietnam to foreign countries. However, implementation in practice shows that the Law has revealed certain limitations and shortcomings, failing to keep up with the rapid development of science, technology and innovation in the world, failing to meet the requirements for breakthrough development in science, technology, innovation and digital transformation of the country.

Mr. Nguyen Phuong Tuan, Vice Chairman of the National Assembly's Committee on Science, Technology and Environment, said that the Law amending and supplementing a number of articles of the Law on Technology Transfer aims to continue perfecting the legal framework to promote technology transfer activities effectively and synchronously, enhance decentralization, and simplify administrative procedures on technology transfer. The Law contributes to promoting innovation and endogenous technology transfer, and facilitating technology flows between domestic enterprises, organizations, and individuals, between higher education institutions, research institutions, and enterprises, organizations, and individuals. The Law is also expected to promote the development of an effective, transparent, and professional science and technology market, creating a favorable environment for technology transactions and intellectual property, contributing to improving productivity, quality, and competitiveness of the economy .

Regarding the draft Law, Mr. Nguyen Mai Duong, Director of the Department of Innovation, Ministry of Science and Technology, said that this amendment and supplement focuses on 6 policy groups. These are: Determining the scope of technology regulated in the Law to cover new technology according to world trends and practical requirements; supporting and promoting the transfer of endogenous technology; developing a professional and transparent science and technology market; creating financial, institutional and legal incentives for technology transfer activities; strengthening control of cross-border technology transfer to both control technology security and promote effective international technology transfer; strengthening state management capacity on technology transfer.

Delegates said that the technology subjects regulated in the draft Law on amendments and supplements have covered both traditional technology, as well as new technology, green technology, and digital technology. Accordingly, the Law has completed and supplemented a number of concepts on technology, new technology, green technology, contactless technology transfer, commercialization of scientific research results, technology development and innovation, creating a legal corridor to regulate these contents.

Creating financial, institutional and legal incentives for technology transfer activities is a group of policies that are highly appreciated by delegates. Completing incentive and preferential regulations to create financial incentives for both the transferor and the transferee of technology will create favorable conditions for technology transfer activities.

One of the contents mentioned and encouraged by the law is capital contribution in the form of technology. However, in reality, there is currently no legal framework for technology valuation when contributing capital. Therefore, the Drafting Committee needs to research, consider and clarify the issue of capital contribution in the form of technology, so that its implementation in practice is highly feasible. Along with that, in the management of technology transfer activities, especially in terms of appraisal authority, there needs to be a clear coordination mechanism with the commune-level government because when operating a two-level local government, the issues managed at the commune level are very much related to technology transfer activities such as in agriculture, cooperatives, etc.

Delegates also said that it is necessary to clarify new terms such as contactless technology transfer, new technology, green technology, technology appraisal, technology opinion, brokerage expert, etc.

Source: https://baotintuc.vn/thoi-su/hoan-thien-khung-phap-ly-thuc-day-hoat-dong-chuyen-giao-cong-nghe-20250923153724269.htm