Amended Law on Technology Transfer and Implementing decree: Necessary adjustments for a new stage of development

Vietnam is looking forward to transforming itself by encouraging the application of advanced technologies and processes from the world, contributing to trade activities and national growth. The Law on Technology Transfer 2017 has been supplemented and adjusted a number of articles in 2025 ("Law on Technology Transfer 2025") together with Decree No. 101/2026/ND-CP detailing and guiding the implementation of a number of articles of the Law on Technology Transfer ("Decree 101"), which has created a new legal framework for organizations, individuals are entitled to receive the transfer of clean, advanced, and suitable technologies for the new situation.

The obligation to register the transfer is a mandatory obligation for cases where the technology transfer uses state investment capital or shows signs of cross-border transfer such as transfer from abroad to Vietnam and vice versa.

1. Notable changes in Decree 101/2026/ND-CP

Firstly, technology transfer registration

On the basis of strengthening digitalization, the new regulations supplement and encourage enterprises engaged in technology transfer activities to provide sufficient and accurate information about transfer activities on the National Digital Platform for Science, Technology and Innovation Management.[1] The disclosure and standardization of information enhances the transparency of technology transfer transactions and the efficiency of state management, minimizes risks and allows parties to conveniently participate in the national innovation ecosystem.

The obligation to register the transfer is a mandatory obligation for cases where the technology transfer uses state investment capital or shows signs of cross-border transfer such as transfer from abroad to Vietnam and vice versa.[2] At that time, the technology recipient (in cases of industrial processing from abroad to Vietnam or domestically) and the technology transferor (in case of industrial processing from Vietnam to abroad) may send a dossier of registration of industrial engineering to the competent authority on behalf of the parties.

In addition to ensuring the full number and list of dossiers in the process of applying for a Certificate of Registration for an technology transfer, enterprises need to pay attention to the following factors:[3] (i) The technology transfer contract between the parties must ensure that there are basic contents; (ii) Ensure that the transferor does not fall into a restricted case that has been granted a Certificate or is prohibited; (iii) Compliance in the form and method must be appropriate; (iv) Ensuring the conformity of other contents in the contract with regulations.

Currently, in order to promote and shorten the time of technology transfer, the State encourages cases where registration is not required when transferring technology. However, the registration and issuance of the Certificate is the basis for technology enterprises to receive the transfer to be prioritized in the process of selecting or directly assigning science, technology and innovation tasks, and at the same time enjoy preferential policies.

Secondly, the competence to issue the Certificate of registration of technology transfer

With regard to the competence to issue certificates of registration of technology transfer, Clause 3, Article 21 of Decree 101 has added the competence of the Ministry of Public Security for technology transfer that are state secrets in the field of national defense and public security or in the case of procurement of assets from special budget sources for national defense.  This is to ensure the unification of the decentralization and decentralization mechanism in accordance with a number of specific cases of technology transfer, affecting national security.

In addition, the phrase "approval of the policy" is added in Clause 1, Article 21 of Decree 101 to synchronize with the Law on Investment 2025, ensuring all cases in accordance with the law on investment.

Thirdly, the Certificate of eligibility for technology assessment services and technology assessment services

Currently, the submission of service registration dossiers is supplemented by the method of submission through the online Public Service Portal, instead of directly or by post.The expansion of the online [4] method is expected to reduce at least 30% of the time for submitting and processing documents, making it easy for businesses to access quickly, reducing costs incurred in the process of carrying out administrative procedures. This transformation is in line with the guidelines of Resolution 57-NQ/TW and Resolution 68/NQ-CP to create convenience for businesses in the digital age.

In addition, in order to promote administrative reform to facilitate businesses and improve state management capacity, the new regulation allows the elimination of dossier components to simplify administrative procedures. This regulation applies to all 02 service activities, including: (i) technology assessment services and (ii) technology assessment services. In particular, enterprises are not required to send an Enterprise Registration Certificate or an Investment Registration Certificate when carrying out procedures for applying for a Certificate of eligibility for operation.[5] At the same time, there is no requirement for certification of copies, so enterprises only need to complete the procedures with a copy of the Establishment Decision for scientific and technological organizations.

Similar to the competence to grant certificates of registration of technology transfer, the provincial-level People's Committees of the localities where enterprises and scientific and technological organizations have registered their establishment are competent to grant, amend, supplement and re-grant certificates of eligibility for assessment service activities,  technology assessment. This regulation aims to ensure synchronization with the policy of promoting decentralization and decentralization specified in Decree No. 133/2025/ND-CP on rights and decentralization in the field of state management of the Ministry of Science and Technology.

Finally, the new technology category

It has been more than 7 years since Decree 76 was last implemented, the complete replacement of technology lists is necessary, based on the speed of continuous development and innovation in the field of technology.[6] In the face of that trend, completely new types of technologies have emerged to be considered for addition to the List of technologies encouraged for transfer. At the same time, technologies have gradually become obsolete, have been removed from the List of encouraged technologies or added to the List of restricted technologies.  prohibition of transfer. The detailed amendment and supplementation of technology groups and names shall be carried out on the basis of practical assessment of each sector, economic field, or other factors such as world trends, needs of enterprises in domestic and foreign markets. Some examples of prominent technologies are included in the List of transfer encouragement such as: deep learning technology, genetic technology in the field of biomedicine, nanotechnology in the field of new energy,... 

The legal changes in the new period open up new opportunities accompanied by challenges and risks in technology transfer activities

2. Some recommendations for businesses

The legal changes in the new period open up new opportunities accompanied by challenges and risks in technology transfer activities. Thereby, businesses need to prepare some adjustments and make the most of resources to comply with new regulations. Here are some useful recommendations for businesses in the coming time:

Firstly, to review the entire existing technology transfer process to ensure compliance with new regulations on registration, appraisal and classification of forms of transfer, especially in cases where it is easy to confuse independent technology transfer, technology transfer through mergers and acquisitions or registration of intellectual property transfer. At the same time,  It is necessary to pay attention to the deadline for resubmission after the request for amendment and supplementation of the competent authority to avoid interruption due to the completion of the dossier from the state agency.

Secondly, enterprises operating technology assessment services can carry out the procedures for applying for a Certificate of eligibility to operate through online submission to the National Public Service Portal. Through this method, businesses can submit documents conveniently, instead of having to go directly or to post offices.

Third, it is necessary to update and compare the List of technologies according to Decree 101/2026 to orient investment and choose appropriate technologies. The correct identification and classification of technology groups will support businesses to build appropriate technology strategies, avoid legal risks, and take advantage of the State's priority policies for technologies that encourage transfer.

It can be seen that the amended Law on Technology Transfer and the Decree guiding the implementation of this amended Law have brought many new and practical contents to more strongly promote new and modern technology transfer activities in Vietnam. This is a necessary requirement for Vietnam to be able to take advantage of the resources and wisdom of global scientific and technological development for national economic development. Therefore, the State and relevant enterprises cannot hesitate to transfer and receive new technologies in the current period, especially when the legal framework regulating this field is more complete and favorable.