On 10/12, the National Assembly voted to pass the amended Law on Technology Transfer, which will take effect from 1/4/2026. A key new provision of the law permits organizations and individuals who legally own technology to contribute it as capital to investment projects or businesses. This aims to unlock resources derived from scientific research and technological development.
Under the new law, organizations and individuals can contribute and commercialize technology in accordance with regulations on science, technology, public asset management, and enterprise law. For investment projects involving state capital, the contributed technology must undergo appraisal as per pricing laws. Additionally, legal ownership or usage rights must be clearly established before the capital contribution is made.
The State encourages capital contributions using technology generated from scientific, technological, and innovative activities by Vietnamese organizations, individuals, and businesses. Support measures include assistance with appraisal and establishing legal ownership or usage rights for the technology. According to Nguyen Manh Hung, Minister of Science and Technology, this regulation addresses the stagnation of research outcomes, transforming knowledge into tradable and investable assets.
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Minister of Science and Technology Nguyen Manh Hung explains feedback before the bill's approval. *Hoang Phong*.
The law reaffirms the right of technology owners to transfer ownership or usage rights. Organizations and individuals receiving technology usage rights are empowered to improve, develop, and exploit the technology, adhering to intellectual property laws and related regulations.
The list of priority technologies for transfer includes: high-tech, strategic, advanced, new, clean, green technologies, and those serving national key projects, defense, and security. These transfers can occur from abroad into Vietnam or domestically.
The State allocates investment resources for technology transfer activities in agriculture and rural areas, prioritizing disadvantaged, extremely challenging, mountainous, and island regions. The Government is responsible for promoting the transfer of advanced, high-tech, and strategic technologies from foreign countries into Vietnam, and also encourages technology transfer from Vietnam to other countries.
Foreign organizations and individuals transferring technology to Vietnam to enhance local absorption and mastery capabilities will receive incentives. Investors are eligible for investment, tax, land, and credit incentives for projects that include technology transfer, human resource training, and the development of research, design, and manufacturing capabilities within Vietnam.
The law also introduces a mechanism for the State to acquire ownership or usage rights of technology. This is intended to serve critical sectors such as defense, security, health, education, environment, disaster prevention, and epidemic control. Furthermore, the State can disseminate technology through free, preferential, or conditional means.
For projects utilizing technologies restricted from transfer or those posing environmental risks, the law mandates appraisal or consultation on the technology before investment decisions are made. Concurrently, management agencies will intensify inspection and supervision of businesses, organizations, and individuals benefiting from technology transfer incentives, particularly in cases involving state budget utilization.
Son Ha
