The guidelines stipulate that only the following may be the subject of transfers to Vietnamese companies:
1) intellectual property, including patents, trademarks (if accompanied by
technology) and industrial designs;
2) technical know-how or expertise with or without equipment; and
3) technical consulting or support services.
2) technical know-how or expertise with or without equipment; and
3) technical consulting or support services.
If the technology falls into one of the three categories above it may be transferred, provided that the following conditions are met:
1) the transfer improves production;
2) the transfer promotes the efficient exploitation of resources;
3) the transfer does not cause environmental damage or pollution;
4) the technology which is the subject of the transfer is unavailable in Vietnam or only available to the transferee on less favorable terms than the transferor is prepared to offer;
5) the transferee is able to understand and master the technology within a set period of time; and
6) the transferor can prove ownership of the right to transfer the technology.
2) the transfer promotes the efficient exploitation of resources;
3) the transfer does not cause environmental damage or pollution;
4) the technology which is the subject of the transfer is unavailable in Vietnam or only available to the transferee on less favorable terms than the transferor is prepared to offer;
5) the transferee is able to understand and master the technology within a set period of time; and
6) the transferor can prove ownership of the right to transfer the technology.
Provided that the above conditions are met, the technology may then be transferred by an approved written agreement either as part of the foreign party's capital contribution to a joint venture enterprise or business corporation contract on the one hand; or pursuant to a commercial arrangement, such as a sale or license, on the other.
November 1994 Index