Tiếng Việt
中文 (中国)
In the path of economic and industrial development, managing and regulating various types of technology has become an integral part of national policies. In Vietnam, encouraging, restricting, and prohibiting the transfer of certain technologies is not only an issue concerning economic development but also intimately related to national security and environmental protection.
However, the diversity and complexity of technologies, along with market demands and legal regulations, create a complex landscape for technology management in this country. Let’s delve into the details to better understand these policies and their significance for Vietnam’s sustainable development.
Encouraged technology transfer
Encouraged technology transfer in Vietnam as stipulated in the 2017 Technology Transfer Law includes:
- High technology; machinery, equipment accompanying high technology.
- Advanced technology, new technology, clean technology suitable for Vietnam’s socio-economic conditions are encouraged to be transferred from abroad to Vietnam, transferred domestically when meeting one of the following requirements:
a) Producing products of higher quality and competitiveness compared to products made from existing similar technologies.
b) Producing national, focal, leading products from results of domestic scientific research and technology development.
c) Creating new services, industries, manufacturing professions, processing new products; breeding, cultivating new tested varieties.
d) Saving resources, energy, raw materials compared to existing similar technologies in Vietnam.
e) Producing, using new energy, renewable energy; high-efficiency energy storage.
f) Creating machinery, equipment to improve the quality of education, training; medical machinery, equipment, pharmaceuticals for examination, treatment, protection of human health, improving the physical quality of Vietnamese people.
g) Detecting, processing, forecasting to prevent natural disasters, epidemics; rescue operations; environmental protection, adaptation to climate change, reducing greenhouse gas emissions.
h) Producing in a chain with high socio-economic efficiency.
i) Creating products for both defense, security, and civilian purposes.
j) Developing, modernizing traditional handicrafts.
- Technology; machinery, equipment accompanying technology specified in point d, Clause 1, Article 4 of the 2017 Technology Transfer Law currently available in Vietnam except for technologies specified in Clause 1 and Clause 2, Article 9, Clause 2, Article 10 of the 2017 Technology Transfer Law; technologies using materials as products, selling products, domestically produced materials encouraged to be transferred abroad.
Restricted technology transfer
Restricted technology transfer from abroad to Vietnam and domestically from Vietnam in the following cases:
a) Technology; machinery, equipment accompanying technology no longer widely used in developed industrialized countries;
b) Using hazardous chemicals or generating hazardous waste meeting national technical standards, regulations;
c) Producing products through genetic modification methods;
d) Using radioactive materials, producing radioactive materials meeting national technical standards, regulations;
e) Using resources, minerals limited in domestic exploitation;
f) Technologies for breeding, cultivating, planting new untested varieties;
g) Producing products adversely affecting customs, practices, traditions, and social ethics.
Restricting technology transfer from Vietnam abroad in the following cases:
a) Producing traditional products, following traditional secrets or using, creating strains, types of agriculture, minerals, rare characteristic materials of Vietnam;
b) Producing export products competing with major national export items of Vietnam.
Prohibited technology transfer
Prohibited transfer from abroad to Vietnam and domestically the following technologies:
a) Not meeting legal provisions on labor safety, occupational hygiene, ensuring human health, protecting resources, environment, and biodiversity;
b) Producing products causing adverse effects on economic and social development; adversely affecting national defense, security, order, and social safety;
c) Technology; machinery, equipment accompanying technology no longer widely used and transferred in developing countries and not meeting national technical standards, regulations;
d) Technology using hazardous chemicals or generating waste not meeting national environmental technical standards, regulations;
e) Using radioactive materials, producing radioactive materials not meeting national technical standards, regulations.
Prohibited transfer from Vietnam abroad of technologies belonging to the state secret list, except where other laws permit transfer.
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
ASL LAW is the top-tier Vietnam law firm for technology transfer services in Vietnam. If you need any advice, please contact us for further information or collaboration:
