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The Law Amending Law on Technology Transfer No. 115/2025/QH15 marks a breakthrough in promoting innovation and technology transfer in Vietnam. This Law will take effect on April 01, 2026, aiming to remove legal barriers and create a favorable framework for technology transfer activities.
The 2025 Law Amending Law on Technology Transfer comprises 6 Chapters and 60 Articles.
Key highlights of this Law include:
- Specific provisions on the scope of technology use rights transfer: The scope of technology use rights transfer as agreed upon by the parties, including: exclusive or non-exclusive technology use rights, the transferee’s right to further transfer the right to use the technology to a third party. Furthermore, the Law emphasizes the right to use the technology does not naturally arise together with the right to own such products, machinery, equipment, or systems integrated with such technology.- Controlled investment mechanism: Legal framework is codified for the appraisal of investment projects involving technologies restricted from transfer or projects at risk of adversely affecting the environment.
- Enhanced State role in purchasing and disseminating technology: The State shall purchase the right to own or the right to use a technology to serve national defense, security, health, education, and environmental protection. Additionally, the State facilitates technology dissemination through free of charge or with incentives, or granting conditional rights to use the technology.
- Encouragement and special incentives for foreign technology transfer: The Law introduces mechanisms to encourage conduct technology transfer activities for Vietnam on a voluntary basis. Foreign investment projects involving technology transfer, human resource training, or development of capacity for research in Vietnam will be entitled to incentives regarding taxation, land, credit, and investment.
- Priority for green technology and sustainable development: The Law adds the concept of "green technology" and expands the list of prioritized technologies and geographical areas for transfer. Resources are prioritized for the transfer of advanced technologies, green technologies, clean technologies, and technologies serving national important projects, defense, and security-serving technologies. Notably, the Law focuses on allocating investment resources for technology transfer in agriculture and prioritizes promoting these activities in mountainous areas, islands, and regions with socio-economic difficulty-stricken, exceptional socio-economic difficulty-stricken areas.
View the English translation of the 2025 Law Amending Law on Technology Transfer via the website LuatVietnam.vn at: 2025 Law Amending Law on Technology Transfer
