Many new regulations in the Draft Law amending and supplementing the Law on Technology Transfer

The Law amending a number of articles of the Law on Technology Transfer (LTT) has many new points such as expanding the scope of regulation, increasing financial and legal incentives and encouraging commercialization of research results... With that meaning, the draft Law is expected to create a modern and transparent legal framework, promote innovation and develop the science and technology (S&T) market.

The Ministry of Science and Technology is presiding over the drafting of the Law amending and supplementing a number of articles of the Law on Technology Transfer in order to inherit and perfect the current legal system, expand the scope of regulation, supplement regulations in line with the world's development trends such as green technology, digital technology, contactless technology transfer, while simplifying administrative procedures, strengthening decentralization, delegation of power and improving the effectiveness of state management of technology transfer.

The draft Law will promote innovation and develop the science and technology market. Illustrative photo.

The Draft Law amending and supplementing a number of articles of the Law on Technology Transfer continues to inherit the scope of regulation of the current Law, while expanding the subjects and scope of technology transfer activities, covering 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 and develop the science and technology market; and state management of technology transfer.

The Law applies to organizations, enterprises, and individuals participating in CGCN activities; state management agencies at central and local levels; and related organizations and individuals. After amendments, the Law on CGCN has 6 chapters and 60 articles, keeping the same number of chapters but reducing 01 article compared to the current one. The amended and supplemented contents focus on 6 major policy groups:

Firstly, the scope of technology regulated in the Law is determined to cover new technologies, in line with world trends and practical requirements, such as green technology, digital technology, and emerging technology. The Law also expands technology appraisal activities, not only limited to investment projects but also in special cases (supplemented in Article 21a - Appraisal, technology transfer in special cases of the Law on Science , Technology and Innovation 2025). At the same time, the draft supplements and completes important concepts such as "new technology", "green technology", "contactless technology transfer", "commercialization of scientific research results, technology development and innovation".

Second, support and promote endogenous technology transfer, including technology transfer between domestic enterprises/organizations and individuals, and commercialization of research and development results. The draft supplements Article 35a on the State purchasing and disseminating technology for research, social, and public purposes, including the compulsory transfer of patent rights according to intellectual property laws. This provision aims to promote technology dissemination in the fields of health, education, and environment, thereby supporting domestic technology transfer and technology acquisition from abroad to serve socio -economic development.

Third, develop a professional and transparent science and technology market. The draft amends Article 43 and Article 44 on the development of intermediary organizations, technology announcement and introduction, and abolishes Article 40 to cut down on two central and local administrative procedures. The new regulations aim to form a synchronous technology market ecosystem, promoting the role of intermediary organizations such as technology exchanges and technology transfer promotion centers.

Fourth, create financial, institutional and legal incentives for technology transfer activities. The draft amendments to Articles 7, 8, 9, 35, 37, 38 aim to improve policies to encourage enterprises to apply and innovate technology; develop the National Technology Innovation Fund; support small and medium enterprises to access new technology. In particular, the reduction of 4 administrative procedures (2 at the central level and 2 at the provincial level) will help simplify the process and reduce costs for enterprises.

One of the important contents of the draft Law is to create financial, institutional and legal incentives for CGCN activities. Illustrative photo.

Fifth, strengthen control of cross-border technology transfer activities to both control technological security and promote effective international technology transfer. The draft amends Article 9 and Article 44 to simultaneously promote effective international technology transfer and ensure national technological security, encourage Vietnamese organizations and individuals to transfer technology abroad, expand markets and improve integration capacity.

Sixth, strengthen the capacity of state management, monitoring and statistics, and measuring the effectiveness of technology transfer activities. The provisions in Chapter II and Chapter V are amended and supplemented in the direction of applying digital platforms in registration, management, and provision of information on technology transfer activities, ensuring publicity, transparency, and convenience for organizations and enterprises. The Ministry of Science and Technology will be responsible for presiding over the construction of a national database on technology transfer, measuring, and evaluating the effectiveness of technology transfer activities using the state budget.

In addition, the draft also decentralizes and delegates power more clearly between the central and local levels, ensuring conformity with the two-level local government model, improving the effectiveness and efficiency of state management in the field of technology transfer.

The amendment and supplementation of the Law on Technology Transfer is not only an inevitable requirement in the new context but also a strategic step to perfect the innovation institution, create a legal corridor to promote the application, transfer and commercialization of modern technology, develop the science and technology market and increase the national technological autonomy capacity. With a synchronous vision with the Law on Science, Technology and Innovation, the Law amending and supplementing the Law on Technology Transfer will contribute to making science, technology and innovation truly become the central driving force of economic growth and sustainable development.

Center for Science and Technology Communication

Source: https://mst.gov.vn/nhieu-quy-dinh-moi-trong-du-thao-luat-sua-doi-bo-sung-luat-chuyen-giao-cong-nghe-19725110422413293.htm