Thông tư 08/2013/TT-BKHCN

CIRCULAR

GUIDING THE CONTENT AND OPERATIONAL METHODS OF TECHNOLOGY TRANSFER CONSULTANCY ORGANIZATIONS

Pursuant to the Law on Technology transfers, of November 29, 2006;

Pursuant to the Government’s Decree No. 28/2008/ND-CP of March 14, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Science and Technology;

Pursuant to the Government’s Decree No. 133/2008/ND-CP of December 31, 2008, detailing and guiding implementation of a number of articles of the Law on Technology transfers and the Government’s Decree No. 103/2011/ND-CP of November 15, 2011, amending and supplementing a number of articles of the Government’s Decree No. 133/2008/ND-CP of December 31, 2008 detailing and guiding implementation of a number of articles of the Law on Technology transfers;

The Minister of Science and Technology guides the content and operational methods of technology transfer consultancy organizations,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular guides the content and operational methods or technology transfer consultancy organizations as prescribed in clause 2 Article 29 of the Government’s Decree No. 133/2008/ND-CP of December 31, 2008, detailing and guiding implementation of a number of articles of the Law on Technology transfers.

2. This Circular applies to consultancy service organizations with objective of technology transfer consultancy operation, including:

a) Enterprises established and operating as prescribed in the Law on enterprises;

b) The science and technology organizations established and operating as prescribed in the Law on science and technology;

Article 2. Interpretation of terms

In this Circular, the following terms are construed as follows:

1. The technology transfer service means activities supporting the course of research, contracting and performing of technology transfer contracts including services of assessment, valuation, technology appraisal, broking, advising and promoting technology transfer.

2. The technology transfer advisory means activities supporting parties during researching, selecting technology, negotiating, concluding and performing contracts of technology transfer.

3. The technology transfer advisory organization means technology transfers service organization which includes performance of advisory on technology transfers meeting regulations of this Circular.

4. The technology transfer advisory expert means individual with qualification and experience in performing technology transfer advisory activities meeting as prescribed in Article 6 of this Circular.

Article 3. The principle of technology transfer advisory activities

1. To abide by the laws of Vietnam and International treaties which Vietnam has commited for implementation, to take responsibility before law for their all professional activities and advisory result.

2. To abide by professional ethics, ensure independence, honesty, objective and science of technology transfer advisory activities.

3. To keep information secret of organizations, individuals using consultancy services, unless have consensus of organizations, individuals using consultancy services or in case laws otherwise provides.

Chapter 2.

THE CONTENT AND OPERATIONAL METHODS OF TECHNOLOGY TRANSFER CONSULTANCY ORGANIZATIONS

Article 4. The content of technology transfer consultancy

1. To search partners of supplying technology and consider, assess capability of technology commercialization.

2. To consider the capability to receive technology of organizations, individuals having demand to be consulted on technology transfers.

3. To search, consider and select technology for transfer in conformity with law regulations and mechanisms, policies prioritizing, pushing up and encouraging activities of technology transfers.

4. To consider suitability of products created by technology on the basis of:

a. To assess capabilities, market elements;

b. Standards and quality of products;

c. The socio-economic effectiveness and sustainable development.

5. To support the making, drafting of projects on investment in technology and equipment, analyze, calculate the production scale, technology price, provision and installment of equipment, workshops, raw materials and relevant expenditures.

6. To deputize the technology transfer parties to prepare dossiers and register contracts of technology transfers.

7. To supervise, assess the course of negotiation, drafting, method, signing and and support implementation of technology transfer contracts.

8. Other consultancy contents on technology transfer activities.

Article 5. The operational method of the technology transfer consultancy organizations

1. The technology transfer consultancy activities are performed through contract of technology transfer consultancy services between the technology transfer consultancy organizations and parties having demand of technology transfer consultancy.

2. To supply information at the request of organizations, individuals having demand of technology transfer consultancy.

3. To appoint experts in technology transfer consultancy to perform contents as prescribed in contract of technology transfer consultancy services.

4. To organize activities, events in order to ensure effectiveness of technology transfer.

5. Other operational methods as agreed by two parties.

Article 6. The standard of experts in technology transfer consultancy

Experts in technology transfer consultancy must meet the following conditions:

1. Graduating college, university or higher and specialized in conformity with the consultancy field or possessing certificate of technology transfer consultancy in case law provided.

2. Having at least 02 experience years in technology transfer consultancy operation.

3. Not falling in situation of being liable to criminal prosecution or applying the administrative handling measures related to technology transfer consultancy operation.

Article 7. The content of contract of technology transfer consultancy services

1. Contract of technology transfer consultancy services must be presented in writing with the following principal contents:

a. Name, address of agencies, organizations or individuals having demand on technology transfer consultancy;

b. Name, address of technology transfer consultancy organization;

c. Objective, content, scope and results which need attain of the technology transfer consultancy service;

d. The price of contract and payment method of technology transfer consultancy services;

dd. Duration, implementation schedule of the technology transfer consultancy service;

e. Agreements relating to protection of intellectual property right for the technology transfer consultancy result;

g. Rights and obligations of parties;

h. Duties of partiers when violating contracts;

i. The effectiveness of contract, procedures for the acceptance and liquidation of contract

k. Signatures and seals of representatives of parties.

2. Apart from the above content, contract of technology transfer consultancy service must have content of a service contract as prescribed in the Civil Code and other relevant legal documents.

Chapter 3.

IMPLEMENTATION ORGANIZATION

Article 8. The reponsibilities of technology transfer consultancy organizations

1. To perform obligations specified in Article 31 of the Law on Technology transfers and formulate the operational content as prescribed in Article 4 of this Circular.

2. Annually, report the operational results of the technology transfer consultancy organization to the provincial Departments of science and technology where they place head office, in accordance with guides in the Circular No. 35/2011/TT-BKHCN of December 16, 2011 of the Ministry of science and technology on the regime of basic statistical reporting on technology transfer, including the following basic information:

a. Name, ordinal number of contract of technology transfer consultancy services, signing time;

b. Name of organization or individual requesting for technology transfer consultancy;

c. Name, technology field and product which needs to provide technology transfer consultancy;

3. The technology transfer consultancy organizations with foreign investment capital apart from meeting provisions in this Circular, must abide by provision in Article 13 of the Government's Decree No. 80/2010/ND-CP of July 14, 2010, on providing for foreign cooperation and investment in science and technology.

Article 9. The reponsibilities of Ministries, sectors and localities

1. The responsibilities of the Ministry of Science and Technology

a. To assume the prime responsibility for, and coordinate with Ministries, sectors and localities in periodical or irregular inspection on compliance with law regulations of the technology transfer consultancy organizations;

b. To assign the Department of technology application and development in managing, monitoring, making statistics and inspecting activities of the technology transfer consultancy organizations nationwide.

2. The reponsibilities of other Ministries, sectors and localities

a. To coordinate with the Ministry of science and technology in performing the state management function on technology transfer consultance operation within scope of Ministries, sectors and localities under their competence;

b. To organize inspection, making statistics on technology transfer consultancy in accordance with guides in the Circular No. 35/2011/TT-BKHCN of December 16, 2011 of the Ministry of Science and Technology on the regime of basic statistical reporting on technology transfer.

Article 10. Effect

1. This Circular takes effect 45 days, after its signing.

2. In the course of implementation, any arising problems should be reported timely to the Ministry of Science and Technology for study, suitable amendments and supplementations.