Technology transfer contracts

1. The contents of the autonomy of the parties:

• Type of transfer: transfer of technology independent contract/distributed delivery of investment projects or commercial franchise contract, the contract of industrial transfer of owner rights/purchase and sell of machinery and equipment together with technology transfer;

• Language;

• The content of the contract;

• Object transfer, created products;

• Transfer of ownership or right to use technology;

• Transfer mode;

• Rights and obligations of the parties;

• Price and mode of payment;

• The effective duration of the contract;

• Concepts and terms of use/warranty/law applicable to dispute resolution;

• Other agreements (if any): experts;

• Voluntary registration contract.

2.  The content must comply with:

• Type of contract;

• Applying the law of Vietnam;

• The right to transfer technology (Article 8);

• The content relating to intellectual property;

• Technology transfer restrictions: purpose to protect national interests; human health; plant and animal resources, the environment ...

• Prohibit the transfer of technology: does not meet the regulations on occupational safety .../bad consequences to defense and security ... /on the list of state secrets;

• Prohibited practices in technology transfer activities (Article 13): damage to the interests of national defense and security ... Destruction of environmental resources ... violate the right to transfer.

3. The new Law on Technology Transfer abolished the regulations on:

• Registration and approval;

• Brackets, ceiling;

• Contract term: seven years;

• The content must have included in the contract;

• The terms are not included in the contract: forcing the recipient to purchase or accept limits.