Consolidated Text 13/2026/VBHN-BKHCN on Certificates for Encouraged Technology Transfer
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Based on:13/2026/VBHN-QĐ-BKHCN - Government Official Gazette
This explanation was generated by AI and checked by an automated AI review, not by a human expert. It is not legal, tax or accounting advice and may contain errors. Check the official document before you rely on it.
The Ministry of Science and Technology has published Consolidated Text 13/2026/VBHN-BKHCN, merging the original Prime Minister's Decision 12/2023/QD-TTg (effective 1 July 2023) with amending Decision 02/2026/QD-TTg (effective 8 January 2026, part of the Ministry's administrative-simplification program). It governs the authority, application dossier, and procedure for issuing, reissuing, and amending the Certificate of Encouraged Technology Transfer - a document required for investment projects that receive technology under the government's List of Encouraged Technologies, particularly projects seeking special investment incentives under Article 20 of the Investment Law. The Ministry of Science and Technology issues the certificate for projects whose investment policy falls under the authority of the National Assembly or the Prime Minister, or projects eligible for special investment incentives; provincial science and technology departments handle all other local projects. Applicants (the technology transferor or transferee) submit a dossier - application form, the technology transfer agreement, a technical explanation, an implementation report, and corporate legal documents - only after the technology has actually been deployed and has produced output. The 2026 amendment significantly shortened processing: 2 working days to check dossier completeness, 3 days to form the advisory evaluation council, 5 days for the council to meet, and 2 days for the final decision. It also removed one dossier item and replaced three application forms (Forms 01, 08, 09), letting receiving agencies pull data from existing government databases instead of requiring businesses to resubmit documents already on file. For SMEs and foreign investors receiving or planning to receive advanced technology transfers, this certificate is the mandatory legal basis for qualifying for special investment incentives. The streamlined procedure cuts waiting time and compliance cost, but businesses must use the updated application forms introduced by Decision 02/2026/QD-TTg when filing for a new, amended, or reissued certificate.
Overview
Consolidated Text 13/2026/VBHN-BKHCN (dated 27 August 2026, authenticated by Deputy Minister Pham Duc Long) merges the Prime Minister's original Decision 12/2023/QD-TTg (15 May 2023) with amending Decision 02/2026/QD-TTg (8 January 2026). It sets out the authority, application dossier, and procedure for issuing, reissuing, amending, and revoking the Certificate of Encouraged Technology Transfer.
Scope and applicability
- Investment projects that receive technology on the government's List of Encouraged Technologies (Article 15.2.dd of the Investment Law).
- Projects transferring encouraged technology to a Vietnamese enterprise in order to qualify for special investment incentives (Article 20 of the Investment Law).
- Does not apply to technology classified as a state secret in national security or defense.
Issuing authority
- Ministry of Science and Technology: projects whose investment policy requires National Assembly or Prime Minister approval, or projects eligible for special investment incentives.
- Provincial science and technology departments: all other local projects.
Application dossier
- Application form (Form 01/02 - replaced under the 2026 amendment).
- Original or certified copy of the technology transfer agreement (with a notarized Vietnamese translation if executed in a foreign language).
- Technical explanation of the transferred technology (Form 02).
- Implementation report on the technology transfer, confirmed by all parties (Form 03).
- Copies of the parties' legal documents (investment/enterprise registration certificates). Receiving agencies are directed to pull this data from existing government databases rather than require resubmission.
Note: item (d) of the original Article 4.1 dossier requirement was abolished by the 2026 amendment.
Procedure and timeline (post-2026 amendment)
- The technology transfer must already be implemented and have produced output before the certificate application is filed.
- Within 2 working days: the issuing authority checks the dossier for completeness and validity.
- Within 3 working days of a complete dossier: an Advisory Council of Science and Technology (7-11 members, including at least 2 reviewing members and at least half independent experts) is established.
- Within 5 working days: the Council convenes to evaluate whether the technology matches the Encouraged List and assess implementation reliability, deciding by secret ballot majority.
- Within 2 working days of receiving the Council's evaluation report: the competent authority issues or refuses the certificate (a refusal must state reasons in writing).
Total processing time is roughly 12 working days from a complete, valid dossier - materially faster than under the original 2023 rules.
Validity, amendment, reissuance, and revocation
- The certificate is valid from its date of issue.
- It can be revoked for a falsified dossier, a violation of the certificate's terms, or at the request of a competent authority in case of a legal violation.
- Amendment applies when the parties agree to change already-implemented transfer content; the 2026 amendment shortened processing to 8 working days from a complete dossier.
- Reissuance applies when the certificate is lost, damaged, or a party's name/address changes; processing takes 5 working days.
Funding
Evaluation costs are covered by the annual science and technology budget allocated to the issuing authority under the State Budget Law.
What it means for businesses
This is a procedural regulation, not a new tax obligation, but it is a prerequisite for a business - especially an FDI or high-tech project - to be recognized as eligible for special investment incentives under the Investment Law. Businesses should use the updated application forms (Forms 01, 02, 03, 08, 09) when applying for a new certificate, an amendment, or a reissuance after 8 January 2026.