Tiếng Việt
中文 (中国)
Technology transfer activities in Vietnam are increasingly becoming an indispensable part of the country’s socio-economic development process. This not only brings strong development opportunities for enterprises but also contributes to enhancing the comprehensive competitive capacity of the nation in the context of deepening international integration.
However, in this process, understanding the rights and obligations of the participating parties – including enterprises, research organizations, and the government – is crucial to ensuring fairness, transparency, and sustainability in technology transfer. The rights of the parties need to be protected fairly, while they must also accept and fulfill their responsibilities responsibly, ensuring the common interests of the community and the nation.
This article will delve into the details of the rights and obligations of the parties in technology transfer in Vietnam from legal perspectives, thereby providing readers with a basic understanding of the legal framework for technology transfer in Vietnam.
Rights and Obligations of Technology Transferors
Technology transferors have the following rights:
a) Demand that the technology transferees fulfill their commitments in the contract;
b) Receive full payment and enjoy other rights and benefits as agreed upon in the contract;
c) Hire organizations or individuals to perform technology transfer services as regulated by law;
d) Request competent authorities to protect the legal rights and interests related to the transferred technology;
e) Demand that technology transferees take remedial measures and compensate for damages in case of failure to fulfill obligations stipulated in the contract, except in cases of other agreements;
f) Other rights as prescribed by law.
Technology transferors have the following obligations:
a) Ensure that the technology transfer rights are legal and not restricted by third parties, except in cases of other agreements;
b) Fulfill commitments in the contract and compensate for damages to technology transferees or third parties due to contract breaches;
c) Maintain confidentiality of technology and other information during negotiations, contract signing, and implementation according to agreements;
d) Notify technology transferees and take appropriate measures when technical difficulties arise that may affect the results of technology transfer commitments in the contract;
e) Apply for a Technology Transfer License in cases of restricted technology transfer from Vietnam to foreign countries, except in cases of other agreements;
f) Fulfill financial obligations and other duties as prescribed by law.
Rights and Obligations of Technology Transferees
Technology transferees have the following rights:
a) Demand that technology transferors fulfill their commitments in the contract;
b) Request competent authorities to protect legal rights and interests related to the transferred technology;
c) Hire organizations or individuals to perform technology transfer services as regulated by law;
d) Demand that technology transferors take remedial measures and compensate for damages in case of failure to fulfill obligations stipulated in the contract, except in cases of other agreements;
e) Other rights as prescribed by law.
Technology transferees have the following obligations:
a) Fulfill commitments in the contract and compensate for damages to technology transferors or third parties due to contract breaches;
b) Maintain confidentiality of technology and other information during negotiations, contract signing, and implementation according to agreements;
c) Apply for a Technology Transfer License in cases of restricted technology transfer from foreign countries to Vietnam, except in cases of other agreements;
d) Fulfil financial obligations and other duties as prescribed by law.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to info@aslgate.com
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