Circular 13/tt-Bkhcn/2012: Guide Criteria And Procedures Identified In The Technology Category Technology Promotes Transfer Of Technology Catalog, Transfer Restrictions, Prohibited Technology Transfers Category G. ..

Original Language Title: Thông tư 18/2012/TT-BKHCN: Hướng dẫn tiêu chí và quy trình xác định công nghệ thuộc Danh mục công nghệ khuyến khích chuyển giao, Danh mục công nghệ hạn chế chuyển giao, Danh mục công nghệ cấm chuyển g...

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CIRCULAR guide criteria and procedures identified in the technology category technology promotes transfer of technology catalog, transfer restrictions, prohibited technology transfer list _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law and technology transfer;
Pursuant to Decree No. 28/2008/ND-CP dated 14 March 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology;
The base paragraph 3 article 5 of Decree No. 133/2008/ND-CP on December 31, 2008 of the Government detailing and guiding the implementation of some articles of the law on the transfer of technology;
Proposal of the Director General, assessment, evaluation and technology assessment;
The Minister of science and technology issued circulars and process criteria identified in the technology category technology promotes transfer of technology portfolios, limiting transfer and technology transfer prohibited category as follows: chapter I GENERAL PROVISIONS article 1. Scope this circular guide criteria, processes determine technology and evaluation proposed by the ministries, ministerial agencies, government agencies about the amendment, adding the category to encourage technology transfer, the category of limited technology transfer and technology transfer prohibited categories specified in clause 1 article 5 of Decree 133/2008/ND-CP of July 31, 2008 Government's detailing and guiding the implementation of some articles of the law on the transfer of technology.
Article 2. The object that applies to this circular apply to ministries, ministerial agencies, government agencies in identifying technology, the proposal and the evaluation of proposed amendments, additional categories to encourage technology transfer, the category of limited technology transfer and technology transfer prohibited list.
Article 3. Explanation of terms the terms of this circular is to understand the following: 1. is the technology solutions, processes, technical know-how is there with or without tools, the means used to transform resources into products.
2. Determine the active technology is based on the criteria specified in this circular, consider the technologies specific to the proposed establishment of additional amendments to encourage technology transfer, the category of limited technology transfer and technology transfer prohibited list.
3. The evaluation activities is the technology portfolio review, selection of technology in the records proposed amendments and supplements to encourage technology transfer, the category of limited technology transfer and technology transfer prohibited categories consistent with the situation of socio-economic development and state management requirements.
 
Chapter II CRITERIA DETERMINE What TECHNOLOGY 4. The criteria identified in the technology category technology promotes the transfer of 1. With regard to the transfer of technology from abroad to Vietnam and the transfer of the territory of Vietnam: a) high technology investment priorities to be developed by the Prime Minister for approval in accordance with the high technology law;
b) advanced technology meets one of the following requirements:-create products with superior quality, highly competitive in comparison with the same kind of technology we have;
-Creates lines of production, manufacture, processing, cultivating new products not yet available in Vietnam;
-Energy savings, raw materials compared to the same type of technology currently available;
-Production or the use of new energy, renewable energy, high-performance energy storage;
-The production of clean, environmentally friendly, has a high economic efficiency;
-Generating machines, medical equipment, medical service, protect human health, to serve the population or disease prevention;
-Detection, processing, forecasting to disaster prevention, safety help, rescue, rescue and protect the environment;
-Application development and modernization of the industry, the profession of agricultural, forestry, fishery and traditional craft.
2. With regard to the transfer of technology from abroad to Vietnam: production technology that uses raw materials are products, sell products, materials are produced in the country and being the State encourages the production and exports.
Article 5. The criteria identified in the technology category of limited technology transfer 1. With regard to the transfer of technology from abroad to Vietnam and the transfer of the territory of Vietnam: a) technology using old equipment, machinery or technology created the old generation product, not to save energy;
b) technology to create products that use hazardous chemicals or waste arise beyond national technical regulation on the environment need accompanying treatment systems;
c) technology to create products with GMO methods;
d) technology using radioactive material, creating radioactive substances;
DD) technology to create products that directly affect human health: cosmetic, pharmaceutical, food, beverage functions;
e) technology using domestic resources are need to curb mining or not yet planning to use;
g) technology to create products that can affect customs, customs, ethics, ethnic culture;
h) technology to create products that cater to defense or simultaneously used for Defense and civil goals;
I) production technologies, other specific service needs the State's special management and technology needs restraint under the provisions of the international treaties to which Vietnam is a member.
2. With regard to the transfer of technology from abroad to Vietnam: a) technology to create the traditional products are high ethnic identity; production technology according to traditional recipes, experiences or have to use the same categories, minerals, precious and rare materials characteristic of Vietnam;
b) cultivation and processing technologies in the fields of agriculture, forestry, fishery products are the main export, Vietnam's characteristics.
Article 6. The criteria identified in the technology category technology prohibits the transfer of 1. The technology does not guarantee safety, labor hygiene in accordance with the law;
2. The technology generates hazardous waste for human, plant and animal ecosystems and the environment;
3. Technology cause waste of resources; mining has the recovery target lower than indicators of the countries of the world;
4. backward technology, low performance, drain resources, fuel; technology has the technical-economic indicators of production less than the technologies are already in the country;
5. Production technology, the use of radioactive material which does not yet have sufficient evidence to prove control of dangerous levels of radioactive prescribed substances;
6. Technology to create products of bad influence to defense, security, safety, social order, culture and customs of Vietnam;
7. Technology in the category of State secrets, unless otherwise specified by law;
8. Prohibition of transfer of technology under the international treaties to which Vietnam is a member.
 
Chapter III PROCEDURES IDENTIFY TECHNOLOGY and EVALUATION of PROPOSED AMENDMENTS, supplements the PORTFOLIO of TECHNOLOGY article 7. The process of identifying technology 1. Recurring annually, ministries, ministerial agencies and governmental bodies (hereinafter referred to as the Agency) on the basis of the criteria specified in article 4, article 5 and article 6 of this circular, in the scope of his management, implementation review, identify the need to modify the technology Supplement to encourage technology transfer, the category of limited technology transfer, technology transfer prohibited list (hereafter referred to as the navigation technology).
2. The results determine the technology established the list of suggested technology, added to the categories of technology.
3. the proposed profile modification, Supplement was established as a Ministry and submitted to the Ministry of science and technology before 31 March every year. Records suggest additional amendments include: a) the suggested text modifications and supplements;
b) list of suggested technology, added to the portfolio of technology;
c) presentation, the information and documents that demonstrate the need for additional amendments of each specific technology.
4. Within 15 working days from the receipt of the record, the Ministry of science and technology progress checks, synthesis and classified records. The proposed profile case not yet valid, the Ministry of science and technology have written additional agencies request the information needed to complete the profile and specify additional time limit.
Article 8. Evaluation process technology category 1. Periodically, before 30 April each year, the Ministry of science and technology established the State-level Science Council (hereinafter the authority) assess the records proposed additional amendments.
2. Appeals Council held the session to assess the proposed modification, the addition of the bodies and the concluding comments on the amendment supplements the portfolio of technology.
3. within 5 working days, since the end of the last session, the Board aggregated evaluation results evaluation and completion of draft revised tech categories, additional reports to the Minister of science and technology.
4. within 10 working days from the receipt of the report the evaluation results, the Minister of science and technology, the Government decided to enact the category to encourage technology transfer, the category of limited technology transfer and technology transfer prohibited list new and supplements.
Article 9. Authority to modify, complement the technology category 1. Authority to modify, complement the technology category by the Minister of science and technology decision-making established.
2. the authority has the task of considering the proposals, the evaluation and selection of the technologies necessary amendments, additions to the category of technology.
3. Authority to work according to the principle of collective, public discussion, directly between the members of the assemblies and concluded by majority.
4. The number of members of the authority is the number of travelers, the composition of the authority, including: a) the President of the Council;
b) Deputy Chairman;
c) The Commissioner is the representation of management of science and technology of the ministries and specialized professionals;
d) Each specialization must have at least 1 experts have the knowledge and experience qualifications do the Commissioner review;
DD) represented the Ministry of science and Technology Committee Clerk.

5. Member of the Board Secretary shall assist the President of the Council and perform the following tasks: a) receiving, making the synthesis of the proposed technology modifications, additions to the list of technology and the relevant documents attached;
b) prepare, provide records, documents relating to the members of the Board of research; preparing the conditions necessary for the Council to conduct the session;
c) General comments of the Commissioner and concluded the session of the Council, Council meeting minutes;
d) reception, maintenance record, the Board's assessment results and to conduct the necessary procedures at the request of the President of the Council.
Article 10. The activity of the Authority 1. Conditions to proceed to the session of the Council of appraisal: a) in the absence of the Chairman or Deputy Chairman of the Council;
b) is present at least two thirds of the number of Board members, including at least 1 member review have expertise in the field of the technology proposed amendments and supplements;
c) have full records and related documents on the technology list of proposed technology additional amendments.
2. The session of the Council of the evaluation according to the following sequence: a) The Commissioner review presented a comment;
b) members present comments, reviews;
c) Board conducted discussions, written and evaluating votes about the conclusions. The conclusions must be at least two-thirds of the total number of official members of the Council unanimously;
d) Chairman announced the conclusion of the Council;
DD) Secretary Board minutes of meeting content, signed by the President of the Council and accompanied by sufficient votes to reviews of the Board members.
Article 11. Cost of staff assessment 1. Funding technology portfolio evaluation is taken from funding activities of science and technology career, by the Ministry of science and technology for the clue unit implementation.
2. Content of the genus, the genus is applied according to the provisions in part II of circular No. 44/2007/TTLT-BTC-BKHCN on May 7, 2007 of the Ministry of finance, Ministry of science and technology and on a basis consistent with the level of estimation the annual State budget. In the case of circular No. 44/2007/TTLT-BTC-BKHCN is modified or replaced by new circular shall apply as specified in the circular.
 
Chapter IV the TERMS OF IMPLEMENTATION of article 12. The Organization made the Ministry of science and technology in the delivery of Service reviews, technology assessment and appraisal do clue implementation of this circular.
Article 13. Effective enforcement of this circular effect after 45 days from the date of signing.
In the process, if there are obstacles, ministries, ministerial agencies and bodies affiliated to the Government reflect on the Ministry of science and technology to modify, complement accordingly./.