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SURVEY

Legal Framework / Technology Transfer

Technology Transfer (5/6/2009)

The state of Vietnam encourages technology development and transfer. All organisations, individuals as technology property owners or authorised by the technology owners in technology transfer shall be encouraged to technology transfer and entitled to capital contribution in technology in investment projects in Vietnam. Vietnam has been active in investing in basic infrastructure for technology market, providing information of, disseminating, demonstrating and introducing technology; and participating in exhibitions in country and abroad.

The government of Vietnam also pays special attention to develop and encourage technology transfer to rural, mountainous and difficult socio-economic areas, promote the advanced and hi- technology transfer. The national technology fund is used for providing favorable loan or loan with low interest, loan guarantee etc. to support small and medium enterprises in technology transfer, renovation or completion, especially in technology transfer in agricultural, forestry and hydro development in rural areas, to support the establishment or growth of technology enterprises. 

Particularly the state applies different preferences/incentives to promote technology transfer:

 

§         Exemption of income tax for organisations or individuals who have capital contribution  by technology inventions

§         Import tax exemption applied to goods used directly for technology research and renovation including machines, facilities, materials and transportation means which have not been possibly produced in Vietnam; and applied to technology documents or scientific publications.

§         Valued added tax exemption applied to machineries, equipment, specialised transportation means which have not been possibly produced in Vietnam for the purpose of technology transfer.

§         Any enterprises or manufacturers who invest in production lines upgrading, operation expansion, technology renovation, ecologial environment improvement and enhancing production capacity, shall be entitled to income tax exemption for the increased income for 4 years and tax reduction of 50% for the next 7 years.

§         Any enterprises investing in technology renovation in the category of encouraged technology list shall be entitled to income tax exemption for 4 years provided that total tax exemption amount is not exceeding 50% of total investment in technology renovation.

 

Any enterprises in difficult socio-economic areas shall be entitled to receive the following preferences or incentives when implementing investment projects relating to technology:

 

§         Entitled to revenue tax exemption for 4 years since the dates of having taxed income and tax reduction of 50% taxed revenue in the next 9 years provided that total tax exemption amount does not exceed total investment in technology renovation.

§         Entitled to import tax exemption to goods and materials for the shake of technology renovation and alternation, and to materials, equipment or production items for the production purposes for 5 years since the application of new technology for production.

§         Any organisations or individuals involved in technology transfer priotised areas, in rural, remote and difficult socio-economic areas, shall be entitled to income tax reduction of 50% applying to income generated from technology transfer, provision of planting seeds and husbandary.

§         Any organisations involved in developing or establishing technology enterprises shall be entitled to income tax exemption for 4 years and income tax reduction of 50% for next 9 years, and to land-use rights tax exemption

 

Technology transfer must be conducted based on contractual documents or other similar papers. Contractual documents or attached papers must be written in Vietnamese, and popular foreign languages as agreed among concerned parties.

 

In cases of technology transfer involved in limited technology list, the transfer must be conducted with a permission. In cases of offshore technology transfer, the technology hand-over side must apply lisence or legal papers while receivers shall apply for license of technology transfer if it is transfered to Vietnam from other countries.

 

Foreigners, Vietnamese overseas participating in technology transfer which belong to encouraged technology list or technology transfer in difficult socio-economic areas, they shall be entitled to receive additional incentives such as visa application for their family members, multiple visa, visa expiry in line with contracts of technology transfer, and favourable conditions of residency, travelling and other preferences or incentives in accordance with laws.

 

 

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