THE MINISTRY OF SCIENCE AND TECHNOLOGY
Circular No. 08/2013/TT-BKHCN dated March 08, 2013 of the Ministry of Science and Technology guiding the operational contents and methods of technological transfer consultancy organizations
Pursuant to the Law on technological transfers dated November 29, 2006;
Pursuant to the Decree No. 28/2008/ND-CP dated March 14, 2008 of the Government 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 Technological transfers and the Decree No. 103/2011/ND-CP dated November 15, 2011 of the Government 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;
The Minister of Science and Technology guiding the operational contents and methods of technological transfer consultancy organizations,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular guides operational contents and methods or technological transfer consultancy organizations prescribed in clause 2 Article 29 of the Decree No. 133/2008/ND-CP dated December 31, 2008 of the Government detailing and guiding implementation of a number of articles of the Law on technological transfers.
2. This Circular is applicable to consultancy service organizations with the objective of technological transfer consultancy operation, including:
a) Enterprises that is established and operating prescribed in the Law on Enterprises;
b) Scientific and technological organizations that is established and operating in accordance with regulations prescribed in the Law on Science and Technology;
Article 2. Term interpretations
In this Circular, the following terms are construed as follows:
1. The technological transfer service is the activities supporting the course of research, contracting and performing of technological transfer contracts including services of assessment, valuation, and technological appraisal, broking, advising and promoting technological transfer.
2. The technological transfer advisory is the activities supporting parties during researching, selecting technological, negotiating, concluding and performing contracts of technological transfer.
3. The technological transfer advisory organization is the technological transfers service organization which includes performance of advisory on technological transfers meeting regulations of this Circular.
4. The technological transfer advisory expert is the individual with qualification and experience in performing technological transfer advisory activities meeting as prescribed in Article 6 of this Circular.