Improve the quality of technology appraisal and assessment work

Commenting on the draft Law amending and supplementing a number of articles of the Law on Technology Transfer, National Assembly Deputies Group 9 (including the National Assembly Delegation of Hung Yen and Hai Phong provinces) said that it should be regulated in the direction that the State, through the agency assigned to manage the results of scientific research and development of science and technology, transfers ownership or the right to use technology to organizations and individuals who directly create the technology.

Technology valuation according to regulations on management and use of public assets

Clause 1, Article 8 of the draft Law amending and supplementing a number of articles of the Law on Technology Transfer stipulates that “The State transfers technology to organizations that directly create the technology, except for cases where the technology is formed from the results of scientific , technological and innovation tasks as prescribed in Points a, b and c, Clause 2, Article 25 of the Law on Science, Technology and Innovation, and except for cases prescribed by other laws. Intellectual property rights related to the technology mentioned in this clause are determined according to the law on intellectual property”.

National Assembly Delegate Nguyen Van Huy ( Hung Yen ) speaks. Photo: Khanh Duy

National Assembly Deputy Nguyen Van Huy (Hung Yen) said that this regulation has not clarified the State subject and the implementing agency; it has not clearly identified which agency represents the State in implementing this right, is it the Ministry of Science and Technology , the agency in charge of science and technology tasks or the unit assigned to manage technology assets? This can easily lead to conflicts of authority and inconsistency in implementation.

On the other hand, the regulation has not clearly stated whether the form of transfer is the right to use or the right to own, which can easily cause legal risks in the valuation of public assets, especially when the technology is formed from state budget capital.

Therefore, delegate Nguyen Van Huy proposed to study and supplement regulations in the direction that the State, through the agency assigned to manage the results of scientific research and development of science and technology, transfers ownership or the right to use technology to organizations and individuals who directly create the technology. The transfer is carried out on the basis of contracts and technology valuation according to the provisions of law on management and use of public assets and the law on intellectual property. Organizations and individuals receiving the transfer are responsible for using, exploiting and commercializing the technology in accordance with the goals of scientific and technological development, ensuring the sharing of benefits with the State according to the provisions of law.

National Assembly Deputies Group 9 discuss. Photo: Khanh Duy

Also interested in Article 8, National Assembly Deputy Nguyen Thi Mai Thoa (Hai Phong) pointed out that the draft Law allows capital contribution in the form of technology in accordance with the Enterprise Law and the Intellectual Property Law. However, the draft Law has not yet clearly defined the competent appraisal authority, the mechanism for publicizing results and the valuation method.

"Therefore, it is recommended to consider and study additional regulations on independent valuation organizations recognized to conduct valuations. In cases with state capital, the valuation results must be public and accountable," delegate Nguyen Thi Mai Thoa stated.

Adding a mechanism to prove rights to unprotected technology

Concerning the right to transfer technology in Article 7, delegate Nguyen Thi Mai Thoa said that the draft Law stipulates that organizations and individuals with the right to own or legally use technology are allowed to transfer. However, the mechanism for proving rights in cases where technology is not subject to intellectual property protection such as technical know-how, business secrets under the Intellectual Property Law or scientific research results under the Law on Science, Technology and Digital Transformation has not been clarified.

National Assembly Delegate Nguyen Thi Mai Thoa (Hai Phong) speaks. Photo: Khanh Duy

Therefore, delegates suggested that the drafting agency consider and research additional regulations on specific mechanisms to prove rights to unprotected technology such as research contracts, acceptance records, certificates of research results or legal commitments and assign the Government to provide detailed instructions to ensure feasibility.

Regarding the technology transfer incentives in Article 9, delegate Nguyen Thi Mai Thoa observed that listing the list of technologies encouraged in the draft Law may lead to rigidity and failure to update promptly when practice changes. In addition, the Investment Law and the Environmental Protection Law currently have lists of priority industries and technologies.

Delegates suggested that the provisions in the draft Law should only be in the direction of stating principles, while the specific list should be assigned to the Government to issue and periodically update, along with quantitative assessment criteria such as: energy saving, emission reduction, productivity improvement... to ensure transparency, feasibility and avoid duplication with other laws.

Regarding the appraisal or consultation on investment project technology in Article 20, the draft Law has added provisions on independent consulting organizations and independent consultants to enhance objectivity and transparency in technology appraisal activities. Accordingly, an independent consulting organization is an organization with capacity and experience appropriate to the technology field; an independent consultant is an individual in the database published by the Ministry of Science and Technology; consulting opinions must be in writing, ensuring responsibility and information confidentiality.

Delegates said that adding this content is necessary and in line with international trends, contributing to improving the quality of technology appraisal and assessment, especially for large, complex projects related to new technology, high technology, and green technology.

In addition, there are opinions suggesting that when drafting the decree, the Government should clarify the conditions for establishment and operation of organizations and experts, and specify the responsibilities of organizations and individuals in these activities. At the same time, it is necessary to ensure fairness in the establishment, operation and recognition of organizations and experts in the public and private sectors in the market economy.

Source: https://daibieunhandan.vn/nang-cao-chat-luong-cong-tac-tham-dinh-danh-gia-cong-nghe-10394711.html