CIRCULAR guiding the assessment of investment projects on technology and technology transfer _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 54/2003/ND-CP DATED May 19, 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of science and technology and the Decree No. 28/2004/ND-CP dated 16 January 2004 of the revised Government supplement some articles of Decree No. 54/2003/ND-CP;
Pursuant to Decree No. 11/2005/ND-CP of July 8, 2005 the Government's detailed provisions on transfer of technology (modified);
Pursuant to Decree No. 87/2002/ND-CP dated 11 November 2002 from the Government about the operation's supply and use consulting services;
The base of the Prime Directive No. 07/2002/CT-TTg dated 25 February 2002 on strengthening the work of supervision investment;
The Ministry of science and technology implementation guides the assessment of investment in technology and technology transfer as follows: part I GENERAL PROVISIONS i. SCOPE of this circular specific instructions about the work of forensic technology in the project tưu in Vietnam (including foreign direct investment and domestic investment); the technology is delivered according to the contract of technology transfer from abroad to Vietnam and the transfer of technology in the country.
 II. The APPLICABLE OBJECT of this circular apply to the Organization, the individual is the owner of the project or the parties to the contract of technology transfer, the organizations and individuals who perform services for technology assessment in all economic sectors.
 III. EXPLANATION of TERMS In this circular, the terms below are interpreted as follows: 1. Inspection technology project: activity is examined and evaluated to determine the extent of reach in terms of technology investment projects implemented in practice at the time of the assessment than the above mentioned technology content in the investment project has been the governing body The State has the authority to license investment/investment decisions.
 2. technology assessment and technology transfer contract: active t? m investigation and assessment to determine the level of technology has delivered under a contract of technology transfer in fact at the time of the assessment compared the content of the contract was the State Agency has the authority to sign. 
Part II CONTENT of the I-TECHNOLOGY ASSESSMENT TECHNOLOGY ASSESSMENT PROJECT 1 inspection of machinery, equipment and production lines a) reviews the suitability and computer synchronization of machinery, equipment and production lines in comparison with the requirements outlined in the project profile.
 b) reviews the actual quality of the machinery, equipment and production lines in comparison to the criteria stated in the project profile:-actual mobilization capacity in comparison with designed capacity;
 -Basic technology features (features) of machinery and equipment to create products meet specified quality requirements: as the precision machining, processing, purity ...-Advanced Properties of the production line, the percentage of advanced equipment, we wild;
 -The level of mechanization, automation of production;
 -Origin of the device (manufacturer, producer);
 -Year of manufacture, technical status of machinery, equipment, time spent fuck? ng and quality rest (for used equipment) ...-costs (or consumption) of energy per unit of the product;
 -Costs (or consumption) of raw materials for a product unit;
 -Safety, level of polluting the environment. 
 Can proceed to reduce certain machinery, equipment and production lines when in the State: run or does not operate (has installed complete or still disassembled).
 Based on the specific conditions of each industry, the manufacturing sector that choose the content and specific targets when the assessment of machinery, equipment and processing lines for the match industry, that field.
 2. Ciám of the materials, information and technical design a) reviews the suitability and completeness of the materials, technical records. information technology, technical design documents ensure production requirements, machinery equipment.
 b) information about health and safety feature for the touch technology, communities and the environment around them.
 c) response level information (information technology) production and management.
 3. Evaluation of organization and production management a) businesses have been granted certification of quality management systems according to the standards: ISO 9000, HACCP, CPM, TQM, ... suit every kind of production lines do not.
 b) ratio of products are manufactured to quality standards register (product standards).
 c) product export rate compared to the total product produced and compared to the rate of export khẩ? u required in investment decisions.
 d) product rate is consumed compared to the product being produced.
 labour productivity).
 e) advanced level of enterprise management systems (informatics culture some stitches such as: materials, technology management, marketing ...).
 g) competitiveness (quality, sample code, price) of the product by the technology created.
 h) labor costs, capital for a unit of product.
 4. The assessment of the level of human resources a) proportion of the managers evaluated officials (%).
 b) skills of direct production workers (the average Hunter ranks).
 c) the rate of officers, trained workers and adapt production technology (%).
 d) proportion of officials and employees directly involved in the production of the product of the number of officers and employees of enterprises (%).
5. Conclusions the technology assessment projects a) machinery, equipment and production lines;
 b) Of documents, information and technical design;
 c) on the Organization and management of production;
 d) About the level of human resources.
 II. TECHNOLOGY ASSESSMENT And TECHNOLOGY TRANSFER CONTRACT 1. Reviews for advanced technology and production equipment (equipment for the assessment as section I paragraph 1 of part II of this circular).
 2. The quality of the product was produced thanks to the application of the technology to be delivered compared to agreed quality standards.
 3. Assessment of the degree of completion of the technological content is transferred versus the content stated in the contract of transfer of technology (quality, quantity): a) know-how, information technology, process technology, the preliminary design documents and design engineering? t, formulas, specifications , drawings, diagrams, computer software technology, ... b) solutions streamline production, technological innovation.
 c) of objects of industrial property.
 d) support services for technology transfer: expert technical support and training.
 4. Review, reviews on the actual quantity, quality professionals, the quality of the staff before and after the training, the results achieved after the technical assistance and training.
 5. technical support time and actual training than expected.
 6. calculate the costs need to be paid for technology transfer fees versus the parties agreement and the registration has been confirmed.
 7. conclusion of the contract content inspection technology transfer a) on technology and equipment for production.
 b) About the quality of the product produced.
 c) About the level of complete technological content was delivered.
 d) about the results of technical assistance and training (quantity, quality, timing?).
 DD) actual payment cost for technology transfer. 
 Part III FORM of organization, TECHNOLOGY ASSESSMENT METHODS i. ORGANIZATIONAL FORMS the ASSESSMENT TECHNOLOGY

 Technology assessment is done when there is a referendum of State administration authority or at the request of the organizations and individuals involved in order to clarify some specific requirements nhưu signs do wrong content already registered, there's a complaint, dispute , violation of laws on technology management and technology transfer, ...
 Technology assessment activities was done through the forms: 1 technology assessment organization.
 2. staff assessment technology.
 II ASSESSMENT METHODS 1 examiner the entire production lines: the assessment on the whole a plot device, a system of production line equipment (furnaces, steel, ships, vehicles, ...).
 2. sample inspection representation: use when you need to check the equipment and machinery have great numbers. This method is usually applied when the examiner objects conditionally stable production, mass production.
 III. Results evaluation 1. Qualitative assessment: given the conclusions reached or not reached, compared with the request based on the process? information management through profile documents.
 2. quantitative evaluation: the results are often specific targets such as power consumption, productivity, consumption, of raw materials, ...
 Section IV ORGANIZATION of FORENSIC TECHNOLOGIES and CHIEF TECHNOLOGY OFFICER NAIL i. REQUIREMENTS for TECHNOLOGY ASSESSMENT ORGANIZATION and ASSESSOR 1 TECHNOLOGY technology assessment organizations must have the following conditions: a) Is the business, science and technology organizations have the capacity and experience in the field of professional expertise , are established and operate under the rule of law;
 b) Has registered examiners service business;
 c) has at least 2 assessor technology meet the conditions specified in clause 2 She? c this;
 d) headquarters and technical means to test are the important targets primarily as required;
 DD) Are business processes engineering expertise consistent with technology needs assessment under the referendum of State Consulate Agency of competent jurisdiction or organization, the individual concerned;
 2. the appraiser must have enough technology to the following conditions: a) Has the qualifications from colleges, University of expertise match the requirements and technology sector needs assessment;
 b) has experience working in the technology field needs assessment from 5 years and took over the training course on professional expertise;
 c) had the capacity for civil acts in full;
 d) Not in the Executive term discipline related to the field of expertise or are under criminal liability or prejudice was convicted but not yet deleted projects.
 II. RIGHTS And OBLIGATIONS Of The ORGANIZATION TECHNOLOGY ASSESSMENT And ASSESSOR TECHNOLOGY 1. Rights of technology assessment organizations and the appraiser tech a) self-reliance, responsibility in the conduct of technology assessment activities.
 b) signed technology assessment services.
 c) requires the use of a technology assessment services provide information, document t? n set for the implementation of the activity evaluation.
 d) reporting the results of technology assessment.
 DD) get cost (compensation) for technology assessment activities.
 2. The obligation of the Organization to assess the technology and a technology appraiser) ensure the assessment in accordance with the requirements of the party requesting inspection.
 b) ensure the assessment independently, objectively, scientifically accurate position.
 c the secret Ones) for technology assessment as prescribed by law.
 d) responsible to the Party requesting inspection and before the law on evaluation results.
 III. REGISTRATION Of TECHNOLOGY ASSESSMENT 1. Registry hierarchy operated a technology assessment) The authorities of foreign capital and technology, examiner staff technology? is the alien registration at the Ministry of science and technology.
 b) technology assessment organizations without foreign capital and technology assessor was the Vietnam register works at the Department of science and technology where the organisation is headquartered and where the appraiser register permanent residence.
 2. registration procedure for technology assessment a) technology assessment organizations or assessor technology filed two sets of registration dossier assessment technology (including a root record) for State administration authorities and submit the fee as prescribed by the State.
 b) within a period of 30 days from the date of receipt of a valid application, the competent State management is responsible for the review of records, certificate of operation for? authorities and technology Chief technology officer attached. In case of not agreeing to the certification, the State Agency has the authority to answer in writing and stating the reason.
 c) technology assessment organization and assessor technology must take responsibility before the law about the content declared in the registration documents.
 IV. REGISTRATION PROFILE FORENSIC TECHNOLOGY 1. For a technology assessment organizations) active application inspection technology.
 b) decided to set up the Organization, business license or permit (for socks? i business for foreign capital investment).
 c) explanation about technology assessment capacity of the organization.
 d) curriculum vitae of the appraiser technologies, is the head of the organization.
 DD) list of appraiser of the Organization's technology.
 e) major equipment category, the Organization's infrastructure.
 g) the Organization's headquarters.
 2. for a technology appraiser) active application inspection technology.
 b curriculum vitae) assessor's technology.
 c) workplace assessor's technology.
 d) a copy of the diploma, certificate (notarized) and other related documents of the Executive meetings? nh staff technology (if any). 
Part V EVALUATION PROCEDURES, CONTRACT CONTENT INSPECTION technology, REPORTED the RESULTS of the ASSESSMENT SERVICE CONTRACT TECHNOLOGY i. GREEN TECHNOLOGY ASSESSMENT PROCEDURES 1. Technology assessment organization and assessor technology be referendum made the assessment technology to establish a detailed outline, clearly define the content of the task evaluation services contract in the technology and perform the contract with technology assessment service organization , personal technology, examiner referendum.
 2. The time taken by the technology assessment services to the parties to the agreement based on the content of the work, the requirements of the assessment technology, but must not exceed 30 days from the date the parties sign the contract inspection technology.
 II. CONTENT Of The CONTRACT Of SERVICE TECHNOLOGY ASSESSMENT 1. The Organization's name, address, personal service technology assessment and technology assessment referendum Party.
 2. technology needs assessment cooktop Cabinet.
 3. Methods, criteria, inspection processes.
 4. Rights and obligations of the parties.
 5. The time limit, the progress of implementation of the activity evaluation.
 6. Service charge (remuneration) and method of payment.
 7. compensation liability if wrong assessment results.
 8. dispute resolution method.
 9. the principles, procedures and liquidate a police contract.
 10. Other conditions under the agreement (if any).
 III. REPORTING The RESULTS Of The ASSESSMENT SERVICE CONTRACT TECHNOLOGY 1. After completing the assessment technology, technology assessment organizations or appraiser to technology reporting technology assessment results posted on the State Administration has jurisdiction where the registered activity.
 2. Report the results of forensic technology has the following principal contents: a) the name, address, organization, individuals make technology assessment services.

 b) name, address, state management bodies or organizations, individual monitoring the referendum? nh technology.
 c) content inspection technology has done.
 d) technology assessment methods was conducted.
 DD) time, location, technology assessment done.
 e) list the materials used during the evaluation technology.
 g) conclusions about the content inspection technology. 
Part VI IMPLEMENTATION i. ORGANIZING the Ministry of science and technology is the Agency helped Prime state management consistency inspection technology in the country; Issued under the authority or Government recommendations issued legal documents related to the assessment of technology, implementation guides and check activity inspection technology for projects of investment and technology transfer contracts.
 Technology assessment organization and assessor qualified technology assessment technology activity specified in this circular, the technology assessment conducted by referendum of State administration authority or at the request of the organizations and individuals involved and responsible before the law about the results of his technology expertise.
 The owner and the parties to the contract of technology transfer is responsible for coordinating, providing information, documentation and create favorable conditions for State management agencies, technology assessment organizations and appraiser technologies in the process of implementing the technology assessment task.
 II. GENERAL SITUATION, REPORT the ACTIVITY to the EXECUTIVE SUMMIT of the TECHNOLOGY Department of science and technology of the directly governed city, annually in January of next year send a situation report on the activities of the previous year's expertise in technology management scope to the Ministry of science and technology.
 The Ministry of science and technology summing technology assessment activities during the year on the nationwide scope of the Prime Minister.
 III. Complaint, DENOUNCING the Organization, individuals have the right to complain about the denial of registration technology assessment activities, about the results of the assessment technology and have the right to denounce the violations of laws on technology assessment as prescribed by the law on complaints and denunciation.
 IV. HANDLING VIOLATIONS in the OPERATION of TECHNOLOGICAL EXPERTISE in the processing of administrative violations in the field of technology assessment is performed according to the current rules of the law of Vietnam. 
Part VII ENFORCEMENT PROVISIONS of this circular in force after 15 days from the Post Gazette.
 In the process, if any problems arise or have difficulties and obstacles, it should reflect his knights? p forecast of the Ministry of science and technology to research, resolve./.