The Government on December 12 issued Decree 319/2025/ND-CP (Decree 319), specifying criteria for selecting Vietnamese organizations and enterprises to receive technology transfer for railway projects.
Accordingly, Vietnamese organizations and enterprises are only considered if they meet all the stipulated conditions. Firstly, they must be established under Vietnamese law and possess valid legal status, having clear functions and responsibilities (for organizations) or registered business lines and operating licenses (for enterprises) that are consistent with the technology field being transferred. Secondly, they must have workshops and facilities of sufficient scale to meet the requirements for receiving and installing machinery, equipment, and technological lines. Thirdly, they must have sufficient financial resources or the ability to mobilize financial resources to cover and settle the costs of technology transfer. Fourthly, they must have a team of experts, technical staff, and workers with management and research capabilities, as well as professional and technical qualifications, to ensure the reception, mastery, and operation of the transferred technology, Fifthly, they must have a plan to mobilize resources to meet the requirements for receiving technology transfer. Sixthly, they must make a commitment to ensure the completion of the acquisition, mastery, and operation of the transferred technology. Seventhly, they must have experience in international cooperation on technology transfer. Eighthly, they do not currently undergo dissolution procedures or having its business registration certificate or business license revoked; and are not subject to insolvency as defined by bankruptcy law. Ninthly, the technology transfer price to be proposed by them does not exceed the estimated cost of technology transfer in the railway project that has been approved by the competent authority.
Based on general criteria, the railway project investor is responsible for determining specific requirements for each criterion, ensuring compatibility with the type of technology being transferred, and the nature and scale of each project.
Decree 319 also details the procedure, process, and authority for selecting Vietnamese organizations and enterprises tasked with or commissioned to receive technology transfers for railway projects.
The railway project investor must send specific requirements regarding the criteria for selecting organizations and enterprises to the Ministry of Construction. For local railway projects, they must send these requirements to the respective provincial People's Committee. Based on these requirements, the Ministry of Construction or the respective provincial People's Committee will publicly announce the selection of organizations and enterprises on the electronic portal and mass media as per regulations.
Organizations and enterprises wishing to participate must submit a registration dossier for the task or order to receive technology transfer. The dossier can be submitted directly, via postal service, or electronically to the Ministry of Construction or the provincial People's Committee for local railway projects.
If the dossier does not fully meet the requirements, within three working days from receipt, the receiving agency must notify the organization or enterprise in writing to amend or supplement it. The amendment or supplementation period must not exceed seven working days from the notification receipt. If the amended dossier still does not meet the requirements, within three working days from receipt of the supplementary dossier, the Ministry of Construction or the provincial People's Committee will notify in writing that the dossier is insufficient for consideration and evaluation.
Within 30 days from receiving a complete and valid dossier, the Ministry of Construction or the provincial People's Committee will decide to establish an advisory council to evaluate the organizations and enterprises against the stipulated criteria. The advisory council must complete the evaluation of the technology transfer results within 20 days from its establishment.
Based on the advisory council's opinions, within 15 days from receiving the evaluation results, the Ministry of Construction or the provincial People's Committee will decide on the selection of Vietnamese organizations and enterprises tasked with or commissioned to receive technology transfers for railway projects.
The specific stipulation of criteria, procedures, and authority for selecting organizations and enterprises for technology transfer in Decree 319 is identified as a step to concretize the special mechanisms and policies approved by the National Assembly, creating a unified legal basis for implementing key railway projects and national important projects in the future.
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