Decree No. 11/2005/ND-CP dated February 02, 2005 of the Government providing in detail for technology transfer (amended)
SOCIALIST REPUBLIC OF VIET NAM
Independence –Freedom - Happiness
Hanoi, February 02nd, 2005
PROVIDING IN DETAIL FOR TECHNOLOGY TRANSFER (AMENDED)
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the October 28, 1995 Civil Code;
In order to promote technology transfer;
At the proposal of the Science and Technology Minister,
Article 1: Subject and scope of application
1. This Decree provides in detail for technology transfer in order to guide the implementation of the provisions of Chapter III, Part Six of the Civil Code adopted on October 28, 1995 by the National Assembly of the Socialist Republic of Vietnam.
2. This Decree shall apply to domestic and foreign organizations and individuals carrying out the following activities:
a. Transfer technology from abroad into Vietnam;
b. Domestically transferring technology;
c. Transferring technology from Vietnam to abroad.
3. The parts on technology transfer in the equipment import contracts or in the technology transfer contracts enclosed with the equipment import contracts must comply with this Decree.
4. The technology transfer within the framework of the international agreements which Vietnam has signed or acceded to and contain provisions different from those of this Decree shall comply with the provisions of such international agreements.
Article 2: Interpretation of terms
In this Decree, the terms are construed as follows:
1. Technology transfer means the form of buying and selling technology on the basic of a technology transfer contract already agreed upon in accordance with the provisions of law. The seller has the obligation to transfer general technological knowledge or supply machinery, equipment, services, training, etc. together with the technological knowledge to the buyer; while the buyer has the obligation to make payment to the seller for receiving and using such technological knowledge in accordance with the terms agreed upon and stated in the technology transfer contract.
2. Transferor refers to the technology transfer defined in the Civil Code.
3. Transferee refers to the technology transferee defined in the Civil Code.
4. Payment price for the technology transfer means the total amount of money payable by the transferee to the transferor throughout the valid term of the contract.
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