Draft Law on Technology Transfer: Ensuring consistency and feasibility in practice

At the meeting to review the draft Law amending and supplementing a number of articles of the Law on Technology Transfer of the Committee on Science, Technology and Environment, delegates gave many in-depth analytical opinions, aiming at the goal of institutionalizing the Party's policies, overcoming shortcomings in implementation; at the same time, creating a legal corridor to promote innovation, socio-economic development and international integration.

Institutionalize policies and promote innovation

According to the Government's Submission, the amendment and supplementation of the Law on Technology Transfer aims to fully institutionalize the Party's policies and the State's and National Assembly's directions on science and technology development, innovation, private economic development, perfecting the legal system and promoting decentralization and delegation of power in state management.

Deputy Head of the National Assembly Delegation of Nghe An province Thai Thi An Chung speaks at the meeting. Photo: Pham Thang

The draft law focuses on amending and supplementing preferential policies to support businesses in research, technology acquisition, mastery and innovation, especially in priority areas such as new technology, green technology and digital transformation. The goal is to create a favorable mechanism for businesses to improve their competitiveness, expand their markets and affirm the country's position in the region and internationally.

Vice Chairman of the Committee for Science , Technology and Environment Nguyen Phuong Tuan affirmed that the Standing Committee of the Committee agrees with the viewpoints, objectives and scope of amendments of the draft law. The contents are built in accordance with the Party's innovation policies and guidelines, contributing to removing difficulties in state management and meeting the requirements of international integration... The dossier of the draft law has been prepared seriously and elaborately, basically meeting the conditions to be submitted to the National Assembly.

Regarding the scope of regulation, the Standing Committee of the Committee agrees to expand the subjects of technology transfer according to global trends, such as green technology and clean technology, but recommends carefully reviewing the content of expanding technology appraisal (not just limited to "investment projects" as in the current law) to ensure feasibility and consistency with relevant legal documents.

One issue that has received great attention is capital contribution by technology. The Standing Committee of the Committee proposed to study the mechanism for controlling the value of contributed technology, ensuring both flexibility and protecting the rights of third parties. It is necessary to supplement regulations assigning the Government to provide detailed guidance on valuation, as well as specifying measures to support and encourage capital contribution by technology to ensure feasibility in practice.

Regarding technology appraisal or consultation on investment projects, the Committee recommends adding principles to prevent and combat conflicts of interest in appraisal activities; assigning the Government to prescribe criteria for determining experts and independent consulting organizations... Regarding registration and provision of information on technology transfer, it is necessary to determine a roadmap for applying digital platforms, ensuring the provision of complete, accurate, timely and appropriate information in accordance with actual conditions.

A new point that has received many favorable opinions in Article 35a (Clause 21, Article 1) stipulates that the State purchases and disseminates technology. The Standing Committee of the Committee proposed to add the principle: “The State shall ensure adequate compensation for the owner or person with the right to legally use the technology that is subject to compulsory transfer”, in accordance with the Law on Intellectual Property and international treaties to which Vietnam is a member.

Regarding the assessment of the effectiveness of technology transfer using the state budget, the Committee recommends decentralizing the People's Committees at the provincial level to organize the assessment of the effectiveness of transfer in the locality, and periodically report annually to the Ministry of Science and Technology for synthesis, monitoring and reporting to the Government.

Strengthening effectiveness and synchronization in implementation

Commenting on the draft law, delegates said that the Law on High Technology Transfer (amended) has many advantages, creating a clearer legal corridor for high-tech zones; has preferential mechanisms on tax and land to create a foundation for human resource development. However, it is necessary to clarify the concepts of high technology, new technology; technology transfer between Vietnam and foreign countries; and the mechanism for commercializing the results of scientific research and technology development.

Chairman of the Vietnam Union of Science and Technology Associations Phan Xuan Dung said that it is necessary to add the definition of “technological idea” to the draft law, considering it the “blood vessel” of science and technology development and innovation. “In the context of knowledge economy and digital technology, clarifying this concept helps businesses and management agencies to correctly identify the nature, invest effectively, and avoid confusion between “high technology” and “new technology”, Mr. Dung emphasized.

According to delegate Phan Xuan Dung, technology transfer is not only about importing technology, but also about receiving knowledge, operating principles and creative capacity; it needs to be clearly regulated to avoid dependence and improve endogenous capacity.

Sharing the same view, delegate Dong Ngoc Ba highly appreciated the careful and serious preparation of the Drafting Committee, and at the same time suggested a thorough review to ensure the consistency of the legal system, limit procedural regulations, avoid overlap and complexity, and carefully assess the impact before promulgation to ensure feasibility in practice.

In addition, delegates proposed adding a separate chapter on state management in the field of technology transfer, as well as clearly regulating the National Technology Innovation Fund, referring to the Law on Science, Technology and Innovation to increase connectivity, synchronization and transparency.

Concluding the meeting, Deputy Chairman Nguyen Phuong Tuan said that he requested the Ministry of Science and Technology and relevant agencies to synthesize and absorb maximum opinions, ensuring that the draft when submitted to the National Assembly must be unified, coherent, and highly feasible, contributing to making technology transfer activities truly become a driving force for national development in the new period.

Source: https://daibieunhandan.vn/du-thao-luat-chuyen-giao-cong-nghe-bao-dam-tinh-thong-nhat-va-kha-thi-trong-thuc-tien-10390262.html