Decree No. 103/2011/ND-CP

07/12/2011
The Government has just issued decree No. 103/2011/ND-CP  amending, supplementing some articles of the decree No. 133/ 2008/ ND-CP dated December 31, 2008 of the Government detailing and guiding the implementation of a number of articles of the law on technology transfer.
Accordingly, Decree 103 stipulates the original or a notarized copy of the technology transfer contract in Vietnamese and a foreign language. In the case that contracting parties for technology transfer are Vietnamese organizations and individuals, only technology transfer contract in Vietnamese is needed. The contract must be signed and sealed by the contracting parties and must be initialed and sealed by the contracting parties on every two adjoining pages and annexes in case a contracting party is an organization.

Also under Decree 103,  dossiers for registration of modification of technology transfer contracts shall be made in 03 files with 01 original and 02 copies. Technology transferees (in case of transfer of technologies from abroad into Vietnam or within the country) or technology transferors (in case of transfer of technologies from Vietnam abroad) will be on behalf of the contracting parties to submit a dossier to an agency competent issued technology transfer contract registration certificates to propose the modification of technology transfer certificate.

Furthermore, authorized agencies prescribed at paragraph 1, Article 8 of the Decree 103 will examine the issuance of modification of technology transfer certificate within 07 working days after receiving the valid dossier, and authorized agencies must answer by written notices for the cases not allowed to issue modification of technology transfer certificate and detailed reasons.

The Decree takes effect on January 01, 2012./.-ITD