Decree No. 120/2014/ND-CP dated December 17, 2014, amending Decree No. 133/2008/ND-CP detailing and guiding the implementation of a number of articles of the law on technology transfer

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 133/2008/ND-CP OF DECEMBER 31, 2008, DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE LAW ON TECHNOLOGY TRANSFER

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the 2006 Law on Technology Transfer;

Pursuant to the Government’s Resolution No. 35/NQ-CP of March 18, 2013, on a number of urgent issues in the environmental protection;

At the proposal of the Minister of Science and Technology,

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 133/2008/ND-CP of December 31, 2008, detailing and guiding the implementation of a number of articles of the Law on Technology Transfer.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 133/2008/ND-CP of December 31, 2008

To amend and supplement Clause 1, Article 5 as follows:

- Promulgated together with this Decree the List of technologies encouraged for transfer, List of technologies restricted from transfer and List of technologies banned from transfer in replacement of the List of technologies encouraged for transfer (in Appendix I), List of technologies restricted from transfer (in Appendix II) and List of technologies banned from transfer (Appendix III) of the Government’s Decree No. 133/2008/ND-CP of December 31, 2008, detailing arid guiding the implementation of a number of articles of the Law on Technology Transfer.

- The import, transfer and use of technologies on the List of technologies banned from transfer for special scientific research and technological development purposes shall be decided by the Prime Minister.

Article 2.Effect

This Decree takes effect on February 1, 2015. Clause 1, Article 5 and the three Lists of technologies provided in Appendices I, II and III of the Government’s Decree No. 133/ND-CP of December 31, 2008, are annulled on the effective date of this Decree.

Article 3.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.

APPENDIX I

LIST OF TECHNOLOGIES ENCOURAGED FOR TRANSFER
(To the Government’s Decree No. 120/2014/ND-CP of December 17, 2014)

1. Nano technology.

2. Technology for manufacturing micro-electro-mechanical systems (MEMS), nano-electro-mechanical systems (NEMS) and equipment using MEMS or NEMS.

3. Technology for manufacturing integrated circuits and high-capacity memories.

4. Technology for manufacturing liquid crystal displays (LCD) and plasma displays.

5. Technology for manufacturing digital precision measuring devices.

6. Technology for manufacturing sensors and electronic measuring devices.

7. Technology for manufacturing robots.

8. Space technology.

9. Technology for manufacturing systems simulating human-machine interactions through thought, gesture, language and image.

10. Technology for applying neural networks in image processing.

11. Technology for manufacturing magnetic resonance imaging devices for diagnosis.

12. Technology for manufacturing high-frequency radiographs, electroencephalography and laser instruments for medical use.

13. Technology for material processing with ultrasound, electric spark, plasma, laser or digital control.

14. Technology for manufacturing high-purity metal.

15. Technology for manufacturing building materials with special properties.

16. Technology for manufacturing decomposable and environment-friendly materials.

17. Technology for manufacturing composite materials in flexible or bimetal form.

18. Technology for manufacturing ceramic materials, special glass fibers, optical fibers and carbon fibers.

19. Technology for manufacturing catalysts and new materials.

20. Technology for working, rolling and elongating special metals.

21. Technology for treating high zinc content in pig iron manufacturing.

22. Technology for manufacturing lithium-ion and solar cells.

23. Technology for manufacturing paints without organic solvents and heavy metals.

24. Marine technology.

25. Technology for engineering large seagoing ships with complicated functions.

26. Technology for manufacturing remote automatic control devices (temperature, pressure, electric voltage, flow or loop) for use on board ships.

27. Technology for manufacturing navigational instruments for ships and marine facilities.

28. Technology for reducing electricity wastage in transmission.

29. Technology for manufacturing energy-efficient products.

30. Technology for generating solar, wind, geothermal, tide, wave or biomass power.

31. Technology for producing new fuels.

32. Technology for manufacturing hydroelectric turbines of over 60 MW.

33. Technology for propagating or creating plant varieties or animal breeds of high yield and quality.

34. Technology for controlling the flowering, fructification and harvest time of plant varieties.

35. Technology for automating the process of farming, cultivating and harvesting vegetables, flowers and fruits.

36. Water-saving irrigation technology.

37. Technology for cold preservation of animal eggs and zygotes.

38. Technology for manufacturing vaccines for human and animal vaccination.

39. Technology for breeding and rearing tuna, lobster, abalone, blood cockle, mother- of-pearl and corals.

40. Technology for producing disease-free giant tiger prawns (penaeus monodon) for breeding.

41. Technology for early discovering water or CnH2n+2 gas pockets.

42. Technology for constructing marine or submerged facilities.

43. Technology for underwater cutting or welding.

44. Technology for manufacturing bio-products (biological membranes, reverse osmosis membranes).

45. Technology for culturing human or animal stem cells.

46. Technology for manufacturing artificial human body parts.

47. Technology for manufacturing medicines for cancer, cardiovascular disease, diabetes, HIV/AIDS, drug detoxification or family planning.

48. Technology for detecting, collecting, supervising and disposing of hazardous wastes.

49. Technology for forecasting typhoons, floods, earthquakes, tsunami and other natural disasters.

50. Technologies for modernizing traditional trades and crafts.

APPENDIX II

LIST OF TECHNOLOGIES RESTRICTED FROM TRANSFER
(To the Government’s Decree No. 120/2014/ND-CP of December 17, 2014)

I. Technologies transferred from abroad into Vietnam and within the Vietnamese territory

1. Technology for manufacturing inert gas filament lamps.

2. Technology for manufacturing vacuum electronic components, low-integrated semiconductor components.

3. Technology for manufacturing one-layer or two-layer printed circuits.

4. Technology for printing banknotes and par-value papers.

5. Technology for manufacturing automobiles not up to Euro 3 exhaust emission standard.

6. Technology for cleaning ship hulls with Nix grains.

7. Technology for enriching radioactive substances.

8. Technology for manufacturing industrial explosive materials.

9. Technology for manufacturing building materials using white asbestos.

10. Technology for manufacturing walling and flooring tiles with an output of under 2 million m2/year.

11. Technology for manufacturing float glass with the following fuel and energy consumption rates: More than 200 kg of FO per ton of product, more than 0.5 kg of DO per ton of product, and more than 100 kWh of electricity per ton of product.

12. Technology for manufacturing fiber board by the wet-process method.

13. Technology for manufacturing wooden jewelries, forest products containing sulfur or high contents of volatile organic compounds.

14. Technology for manufacturing titanium oxide pigment with sulfuric acid.

15. Technology for manufacturing chemical fertilizers with an output of 1,000 tons/year.

16. Technology for isomerization using fluorhydric acid or sulfuric acid catalyst.

17. Technology using toxic chemicals in aquatic resource rearing, culture and processing.

18. Technology for manufacturing forest product preservatives containing arsenic.

19. Technology for developing and printing films using toxic chemicals.

20. Technology for manufacturing domestic-use germicides, insecticides and rodenticides by biological methods.

21. Technology using non-aboriginal species, including animals, plants and microorganisms in environmental protection, plant protection and other fields.

22. Technology for producing plant varieties or animal breeds by the genetic modification method in agricultural production, forestry or aquaculture.

23. Technology for culturing, producing and processing foods using food preservatives and growth stimulants which have not yet undergone safety tests.

II. Technologies transferred from Vietnam abroad

1. Technology for breeding, rearing and culturing aquatic resources being key exports.

2. Technology for manufacturing foodstuffs by traditional methods using microorganism strains with precious and rare properties.

APPENDIX III

LIST OF TECHNOLOGIES BANNED FROM TRANSFER
(To the Government’s Decree No. 120/2014/ND-CP of December 17, 2014)

I. Technologies banned from transfer from abroad into Vietnam or within the Vietnamese territory

1. Technology for producing narcotics.

2. Technology for cloning human embryos.

3. Technology for printing and type-setting with lead plates.

4. Technology for manufacturing cells by the electrophoresis method.

5. Electrolysis technology using mercury electrodes.

6. Technology using mercury in small-scale gold mining.

7. Technology for manufacturing paints with mercury.

8. Technology for manufacturing 2-stroke engines for motorized vehicles.

9. Technology for manufacturing automobiles not up to Euro 2 exhaust standard.

10. Technology for manufacturing explosive chemical products by manual methods.

11. Technology for manufacturing weapons, military equipment, explosive materials of all kinds, except for industrial explosives; national defense and security technical equipment, support tools and devices for nullifying equipment to detect access to computer networks, except those used for security and national defense purposes.

12. Technology for nullifying devices to check and detect weapons, explosive materials, narcotics and other dangerous objects, except those used for security purposes.

13. Technology for radio wave interference, except cases for national defense and security purposes.

14. Technology for blocking the receipt and deciphering information systems, except cases for national defense and security purposes.

15. Technology for nullifying sound-recording, video recording, measuring, counting and weighing devices and speedometers of means of transport, except those used for security purposes.

16. Technology for nullifying devices to measure, count or calculate consumed electricity volume.

17. Technology for nullifying devices to record telephone call time.

18. Technology for manufacturing television receivers and personal computers using electronic beams to reproduce images by analog technology;

19. Technology for shaft kiln cement manufacture.

20. Technology for rotary kiln cement manufacture by the wet method.

21. Technology for manufacturing construction materials using amphibole asbestos.

22. Technology for rotary kiln cement manufacture with kiln capacity of under 2,500 tons of clinker/day.

23. Technology for manufacturing baked clay bricks with ring kiln or improved ring kiln (Hoffman kiln) using fossil fuels (coal, oil, gas).

24. Technology for treating industrial and hospital wastes with single-chamber incinerators or waste incinerators without exhaust treatment system.

25. Technology for manufacturing Urea-Formaldehyde glue, Phenol-Formaldehyde glue, and products containing Formaldehyde class > E2.

26. Technology for manufacturing forest product preservatives containing Pentachlorophenol (PCP), DDT.

27. Technology for manufacturing NPK (nitrogen-phosphorus-potassium) fertilizer by manual methods (rotary drum, straight mixing).

28. Technology for manufacturing sulfuric acid by the method of single exposure and single absorption.

29. Technology using CFC and HCFC.

30. Technology using non-aboriginal species, including animals, plants and microorganisms on the List of hazardous exotic species.

II. Technologies transferred from Vietnam abroad

1. Technologies banned from transfer under treaties to which Vietnam is a contracting party.-