Approved by the 9th National Assembly on November 29, 2006, the Law on Technology Transfer has shown some deficiencies after more than 10 years of implementation. To fill the loopholes, the amended draft Law on Technology Transfer was submitted to the National Assembly. It is expected to be discussed and approved on June 19. The draft Law has been widely expected, because it will become a crucial legal tool to encourage the application of scientific and technological progress in production and in social lives, gradually improving the technological capacity of enterprises in particular and the economy in general. 
Do Hoai Nam: If approved, the draft bill will restrict and prevent obsolete technologies and equipment imported into Vietnam
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Currently, the effective technological management and evaluation of many investment projects prove to be challenges to relevant agencies as they, on the one hand, have to maintain a stable and open business environment and, on the other hand, monitor the real state of technologies, particularly technologies used in many investment projects to ensure the clean environment and sustainable development.
“The draft the Law on Technology Transfer modifies 6 chapters and 63 articles. It is expected to fundamentally amend the shortcomings of the previous version of the Law on Technology Transfer’s application, aiming to create a suitable and convenient environment to advance the technology transfer process and to develop the country in a sustainable and stable manner,” Nam said.
Asked to mention the highlights of the the draft Law on Technology Transfer, Do Hoai Nam said that in order to prevent obsolete technologies from transferring into Vietnam, the draft law is updated with one chapter (chapter II with 8 articles) which lists out requirements for technologies appraisal of investment projects. In addition, the new update defines types of investment projects which technologies are required to be examined during the appraisal and approving process. “Those projects potentially posing risks to the environment will be of special attention” the head of the Department of Technology Appraisal, Examination and Assessment warned.
Besides, the draft Law stipulates that the investment project application must include the opinions of competent agencies so as for related administration to decide whether to approve or disapprove the project. With regard to the supervision and monitoring of the technology application in investment and technology transfer project, the draft Law states that related agencies and the Ministry of Science and Technology have the most responsibilities to ensure the right application of proper technologies.
According to Do Hoai Nam, taking into consideration the feedback of the delegates to the National Assembly on the facilitation of technology transfer in agriculture, the draft law stipulates that, in some exceptional cases, agricultural technology transfer differ from that of industrial production. This article is expected to accelerate the technology transfer process in agriculture and rural areas, establishing a foundation for the rural to approach advanced and modern agricultural technologies.
So as to foster the administration of the government concerning technology transfer, the draft law is updated with standards on strengthening the management of the government towards the transfer activity and technological application. Any obsolete technology which are potentially risky to the environment and the stable development of the country will be seriously dealt with. At the same time, the bill clearly defines the responsibilities of technology-management agencies, related departments and the Provincial People’s Committees during the process of evaluations. They have to participate in the examination of investment projects’ technologies, particularly the stage of assessing the objectives of the investment to prevent obsolete technologies from harming people’s health and the national sustainable development.
At the same time, the draft law sets out regulations on technology transfer from parent companies to child companies and between partner companies in order to minimize the occurrences of price-transferring as a result of technology transfer and incurring loss for the national budget.
“Improving the collaboration between relevant state agencies demonstrates that the state science and technology agencies have to cooperate tightly with each other to create consensus and consistancy in the legal documents and laws regarding technology-transfer management activities. Only then can we attract new technologies and successful transfer of technologies,” Do Hoai Nam added.
