Continue to improve the legal framework to promote technology transfer activities

On the afternoon of October 9, at the 50th session of the National Assembly Standing Committee, chaired by Vice Chairman of the National Assembly Le Minh Hoan, delegates reviewed the Submission and Preliminary Examination Report on the draft Law amending and supplementing a number of articles of the Law on Technology Transfer.

The National Assembly Chairman and Vice Chairmen at the meeting. (Photo: Vu Hieu)

Presenting the Proposal for the Law on amending and supplementing a number of articles of the Law on Technology Transfer, Minister of Science and Technology Nguyen Manh Hung said that although the Law on Technology Transfer 2017 has created a legal corridor for domestic technology transfer activities, technology transfer from foreign countries to Vietnam and technology transfer from Vietnam to foreign countries, up to now, the Law has revealed many limitations, has not kept up with the rapid development of science, technology and innovation in the world, and has not met the context of our country facing the requirements of breakthroughs in science and technology development, innovation and digital transformation.

The Law amending and supplementing the Law on Technology Transfer continues to inherit the scope of regulation of the current Law, expanding a number of subjects of Technology Transfer in line with the world trend, expanding technology appraisal activities not only for investment projects. The scope of regulation of the Law on Technology Transfer is accordingly amended and supplemented to cover regulations on Technology Transfer activities in Vietnam, from abroad to Vietnam, from Vietnam to abroad; rights and obligations of organizations and individuals participating in Technology Transfer activities; technology appraisal; Technology Transfer contracts; measures to encourage Technology Transfer, development of the science and technology market; State management of Technology Transfer.

Minister of Science and Technology Nguyen Manh Hung presented the Proposal for the Law on amending and supplementing a number of articles of the Law on Technology Transfer. (Photo: Vu Hieu)

After amendments and supplements, the Law on Technology Transfer has 6 chapters and 60 articles (keeping the same number of chapters, reducing 01 article compared to the current Law).
The revised and supplemented contents focus on 6 policy groups, which are: Determining the scope of technology regulated in the Law to cover new technology according to world trends and practical requirements; Supporting and promoting endogenous technology transfer, including technology transfer between domestic enterprises/organizations and individuals, commercializing research and development results; 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, implementing monitoring, statistics and measuring the effectiveness of technology transfer.

According to the Preliminary Review Report of the Draft Law on Amending and Supplementing a Number of Articles of the Draft Law on Technology Transfer presented by Deputy Chairman of the Committee for Science, Technology and Environment Nguyen Phuong Tuan, the Standing Committee of the Committee agreed on the viewpoints, objectives and scope of amendments of the draft Law. The content of the draft Law is consistent with the Party's innovation policies and guidelines; promptly removes difficulties and shortcomings in state management, meets practical requirements and international integration requirements.

Deputy Chairman of the Committee for Science, Technology and Environment Nguyen Phuong Tuan presented a report on the review of the draft Law on amending and supplementing a number of articles of the draft Law on Technology Transfer. (Photo: Vu Hieu)

Regarding the scope of regulation, the Standing Committee of the Science, Technology and Environment Committee basically agrees with the expansion of a number of technology transfer subjects in line with world trends such as green technology and clean technology.

However, regarding the expansion of the scope of "technology appraisal" beyond the limitation of "investment projects" as stipulated in the current Law on Technology Transfer, the Standing Committee of the Committee believes that it is necessary to continue reviewing to ensure feasibility in implementation and synchronization with relevant laws.

Regarding the State's policy on technology transfer activities, the Standing Committee of the Committee requested the drafting agency to review and study additional incentive mechanisms that are strong and substantial enough to effectively implement the policy of "focusing on spreading technology from foreign-invested enterprises to domestic enterprises"; at the same time, study the content of adding subjects for small and medium-sized enterprises.

The review agency also suggested that the Drafting Committee study and consider the need for a mechanism to control the regulation allowing self-determination of appropriate technology contribution value to ensure flexibility and the rights of third parties; supplement the regulation assigning the Government to specifically regulate "price appraisal"; need to specify support measures "encouraging capital contribution by technology" and "support measures through price appraisal..." in other provisions of the draft Law or assign the Government to regulate in detail to ensure feasibility.

In addition, the report on the review of the draft Law on amending and supplementing a number of articles of the draft Law on Technology Transfer also pointed out a number of contents that need to be adjusted, such as the implementation of appraisal or consultation on investment project technology, registration of technology transfer and provision of technology transfer information, as well as state management responsibilities and decentralization in "Evaluation of the effectiveness of technology transfer using the state budget".

The promulgation of the Law amending and supplementing a number of articles of the draft Law on Technology Transfer will continue to perfect the legal framework to promote technology transfer activities effectively, synchronously, in accordance with practical requirements and socio-economic development policies, while developing 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./.

Center for Science and Technology Communication (synthesis)

Source: https://mst.gov.vn/tiep-tuc-hoan-thien-khung-phap-ly-thuc-day-hoat-dong-chuyen-giao-cong-nghe-197251009163116568.htm