'The project is decided by the Provincial People's Committee on investment policy, so the Department of Science and Technology is assigned to preside over the appraisal'

(Baonghean.vn) - Delegate Tran Van Mao - Deputy Head of the National Assembly Delegation of Nghe An province said that projects whose investment policy is decided by the Provincial People's Committee should be assigned to the Department of Science and Technology to preside over the appraisal.

Delegate Tran Van Mao with many comments on the Draft Law on Technology Transfer (amended). Photo: Thanh Loan

On June 2, contributing to the draft Law on Technology Transfer (amended), delegate Tran Van Mao proposed specific issues: Firstly, it is proposed to adjust the subjects of technology appraisal in Chapter 2 of the Law because Articles 1 and 2 stipulate a wide range of subjects and scope, however, the contents stipulated in the Law of Chapter 2 are narrowed down to only subjects such as: Projects using public investment capital, technology with limited transfer, technology with negative impacts on the environment, while other types of transfer have not been specifically regulated.

Second, there should be specific regulations to encourage linkages between research institutes, universities, production facilities, trade support, commercialization of scientific research results and technology development.

Third, there should be specific regulations to promote the diffusion of technology from foreign-invested sectors to domestic state-owned enterprises to create spillover effects and linkages between foreign-invested enterprises and domestic-invested enterprises.

Fourth, it is recommended to clearly stipulate the criteria for technologies that encourage technology transfer, technologies that restrict transfer, and technologies that prohibit transfer, have appropriate policies, and create a legal basis for controlling transferred technology.

Regarding specific provisions, delegate Tran Van Mao proposed: In Article 2, organizations and individuals participating in technology application and innovation activities should not be included as subjects of application because such a list is not complete and does not cover all subjects. It should be stipulated that organizations and individuals participating in technology transfer are involved. Proposed in Clause 5, Article 3, "technology created or applied for the first time in Vietnam or in the world", proposed to adjust "new technology in Vietnam created in another country but applied in Vietnam" because if the technology is created and applied in the world, it cannot be considered new technology in Vietnam.

It is proposed to add to Clause 3, Article 4, specifically: preferential mechanisms and state support for enterprises transferring technology from scientists, research institutes, investing in trial production at enterprises, because the application of research results at enterprises requires a testing period of 5-7 years and often has risks while enterprises are subject to many competitive pressures from the market. In addition, it is necessary to add sanctions and guidelines to effectively promote the commercialization of research results.

Delegate Mao also proposed to supplement Article 14, because the subjects specified in Article 14 are too narrow. Investment projects using public investment capital, technology with limited transfer, technology with negative impacts on the environment, but not mentioning projects and technologies transferred from private capital sources, while this subject accounts for a large amount of capital and quantity. On the other hand, according to the provisions of Clause 1, Article 1, Chapter 1 of Circular 03, on technology appraisal, the subjects of technology appraisal are not limited to projects using public investment capital. Therefore, it is necessary to adjust Article 14 accordingly and adjust Article 15 for consistency.

At Point B, Clause 2, Article 16, it is stipulated that the Provincial People's Committee organizes the appraisal of investment projects under the authority of the Provincial People's Committee to decide on investment policies. Therefore, the Provincial People's Committee is both the agency appraising technology and the agency with the right to decide on investment policies, which is not appropriate. Meanwhile, at Point B, Clause 2, Article 15, it is stipulated that the Ministry of Science and Technology shall preside over and coordinate with ministries, branches, and agencies to organize the appraisal of technology for investment projects under the investment authority of the Prime Minister. Therefore, to be appropriate, the draft Law should stipulate that for projects invested by the Provincial People's Committee, the Department of Science and Technology should preside over and coordinate with relevant departments and branches to appraise./.

Reporter - Contributor Group