Hanoi (VNA) – Amid the strong implementation of the Politburo’s Resolution No. 57 on breakthroughs in science – technology development, innovation and national digital transformation, the 15th National Assembly has adopted the law amending and supplementing certain provisions of the Law on Technology Transfer.
The Ministry of Science and Technology said the amended law is designed to balance risk control with facilitation for investment, technological development and national competitiveness enhancement. With 21 revised articles, it is expected to create a more enabling legal corridor for technology transfer and technology market development in the coming time.
To support enforcement, the ministry has sought feedback on a draft decree amending the Government's Decree No. 76/2018/ND-CP, dated May 15, 2018, which details and guides the implementation of the 2017 Law on Technology Transfer.
A more enabling legal corridor for technology transfer
The amended Law on Technology Transfer pursues three main objectives – further refining the legal framework to promote efficient, coherent and practical technology transfer in line with socio-economic development priorities; keeping pace with international trends while boosting decentralisation and simplifying policy implementation; and fostering indigenous innovation and technology transfer by strengthening technological linkages between domestic enterprises, organisations and individuals and foreign partners.
The law also seeks to develop the science and technology market in a more efficient, transparent and professional manner, creating an optimal environment for technology and intellectual property transactions, thus helping improve the economy's productivity, quality and competitiveness.
A notable new feature of the law is the expanded definition of technology, which is no longer confined to machinery and equipment but also includes knowledge, data, designs, models, algorithms and software, all recognised as full technology assets.
Regarding risk management and technology appraisal, the law stipulates that appraisal is required only for projects using technologies subject to transfer restrictions or those posing potential environmental risks, with a view to preventing risks from the project approval stage.
The law also places emphasis on developing intermediary institutions in the science and technology market—such as brokerage, consultancy, evaluation, technology valuation and supply – demand matching entities—towards greater professionalism and transparency.
The establishment of science and technology exchanges, along with innovation support mechanisms, is expected to address weaknesses in the intermediary system and provide a foundation for a smoothly functioning technology market. Besides, the law adds provisions for comprehensive digital transformation in state management, covering monitoring, statistics and the public disclosure of technology transfer activities.
Improving legal framework for technology transfer
The ministry noted that the implementation of Decree No. 76 has revealed shortcomings that need to be addressed. In particular, regulations on technology appraisal in investment projects remain incomplete, lack alignment with laws on investment, public investment, public – private partnerships and environmental protection, and do not yet provide for appraisal based on demand of organisations and individuals.
Incomplete and unclear regulations, along with weak incentives, have led to low registration of technology transfer contracts and authorities' limited supervision of technology transfer, particularly domestic activities. Existing incentives remain outdated and ineffective, offering little targeted support for businesses, especially SMEs and other small economic entities.
Therefore, revisions are needed to the detailed regulations guiding the implementation of the Law on Technology Transfer so as to address shortcomings of Decree No. 76/2018 and promptly specify the new provisions under the amended law.
The draft new decree aims to strengthen the legal framework for technology appraisal and transfer, improve support policies for participating entities, and enhance risk management to ensure sustainable development, environmental protection and public health.
Under the draft, the State will support enterprises operating in investment-incentivised sectors or priority areas when they receive technology transferred from science and technology organisations. Support will be provided through measures such as interest-rate subsidies for loans used to implement technology transfer activities, funding for science, technology and innovation tasks, and direct assistance for developing innovation systems, start-up ecosystems and a culture of innovation.
According to the draft, technology transfer is designated as a priority under the State’s financial mechanisms for science, technology and innovation. Financial support will be channelled through existing funds, including the National Technological Innovation Fund; science, technology and innovation development funds of ministries, sectors and localities; as well as other lawful funding sources./.
VNA
