RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/VNM/21
5 December 2001
(01-6202)
Working Party on the
Accession of Viet NamOriginal:  English
ACCESSION OF VIET NAM
Action Plan for the Implementation of the TRIPS Agreement
The Government of the Socialist Republic of Viet Nam has submitted the following Action
Plan for the Implementation of the Agreement on Trade-Related Aspects of Intellectual Property
Rights (TRIPS), with the request that it be circulated to the members of the Working Party.
______________WT/ACC/VNM/21
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TRIPS Agreement Viet Nam
General obligations Citation to Related Laws and Regulations
Compliance with Articles 1 through 12 and Article
19 of the Paris Convention for the Protection of
Industrial Property in resp ect of Parts II, III and IV
of the TRIPS Agreement. Article 2.Paris Convention for the Protection of Industrial Property :
Viet Nam has been a Member of the Paris Convention since 8 March 1949.
Under Paris, Article1(2), industrial property has as
its object patents, utility models, industrial designs,trademarks, service marks, trade names, indicationsof source or appellations of origin, and therepression of unfair competition.Chapter II the sixth Part of the Civil Code (hereinafter referred to as Civil Code) and provisions of Decree 63/CP of
24 October 1996 of the Government on detailed regulations concerning industrial property as amended by Decree06/2001/NDCP of 1 February  2001 (hereinafter refereed to as Decree 63/CP):
Inventions, utility solutions (including utility model), industrial designs, trademarks (including service mark) and
appellations of origin are protected.
Decree 54/2001/ND-CP of 3 March 2001 of the Government on the protection of industrial property rights to trade
secrets, geographical indications, trade names and the protection of rights against industrial property - related unfaircompetition (hereinafter referred to as Decree 54/2001/ND-CP):
Geographical indications (except appellations of origin), trade names and the right against unfair competition are protectedDecree 13/2001/ND-CP of 20 April 2001 on the new plant variety protection:New plant varieties are protected.
In Paris, Article 1(3), industrial property applies not
only to industry and commerce proper, but to
agricultural and extractive industries and to allmanufactured or natural products, e.g., wines, grain,tobacco leaf, fruit, cattle, minerals, mineral waters,beer, flowers, and flour.Industrial property rights protected under Civil Code and Decree No. 63/CP and Decree No. 54/2001/ND-CP applies to
any industry and commerce in the broadest sense, including agriculture and extractive, manufacture industries.
Under Paris, Article 2, nationals of Members are to
enjoy in other Members the advantages that their
respective laws grant to nationals, and shall have
the same protection and the same legal remedyagainst any infringement of their rights if theyconform to the conditions and formalities imposedthe Member's nationals.Civil Code ( Article 837):
Industrial property rights of foreign natural and legal persons with regard to the industrial property objects in respect of
which Protection Title has been granted by the State shall be protected under the law of the Socialist Republic of Viet Nam
and the international conventions to which the Socialist Republic of Viet Nam is a party.
Decree 63/CP (Article 67.1a):The foreign natural and legal persons that are beneficiaries of the Paris Convention have the right to request protection for
their industrial property rights in Viet Nam and shall enjoy all such rights and be subject to all such obligations asVietnamese entities.WT/ACC/VNM/21
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General obligations Citation to Related Laws and Regulations
Paris, Article 3, requires that nationals of non-
Member countries domicile or that have "real andeffective" industrial or commercial establishments
in a Member country be treated as nationals of a
Member country.Civil Code ( Article 837):
Industrial property rights of foreign natural and legal persons with regard to the industrial property objects in respect of
which Protection Title has been granted by the State shall be protected under the law of the Socialist Republic of Viet Nam
and the international conventions to which the Socialist Republic of Viet Nam is a party.
Decree 63/CP (Article 67.1a):The foreign natural and legal persons that are beneficiaries of the Paris Convention have the right to request protection for
their industrial property right in Viet Nam and shall enjoy all such rights and be subject to all such obligations asVietnamese entities.
Under Paris, Article 4.a, right of priority is to begiven to an applicant for a patent, for registration of
a utility model, an industrial design, or of a
trademark who has filed the equivalent of a regularnational filing under the domestic legislation of aMember country. The periods of priority are to be12 months for patents and utility models, and 6months for industrial designs and trademarks. The
Article discusses the technical details of granting
priority in depth.Decree 63/CP (Article 17):
An applicant for a Protection Title for an invention, utility solution, industrial design or trademark may claim priority on
the basis of an application or several applications which have been filed earlier in another country for the same subject
matter (the fist application (s)). The time limit for filing an application for a Protection Title shall be 12 months countedfrom the first filing date in relation to an application for an invention, utility solution; 6 months counted from the firstfiling date in relation to an application for an industrial design and a trademark.
In order to enjoy a priority right, the applicant shall pay a respective fee and shall, within 3 months counted from the date
of filing the application, submit a copy of the first applica tion(s) certified by the respective receiving office to the Nation al
Office of Industrial Property of Viet Nam.
Article 4bis states that patents obtained for the same
invention in various members of the Paris Unionare independent of each other.Vietnamese patent laws and regulations have no provision making protection of an invention in Viet Nam be dependent on
its protection in other countries.
Article 4ter requires that inventors have the right to
be named as such in the patent.Decree 63/CP (Article 48):
The creator (s) of inventions shall have the right to be named in the Patent.
Under Article 4quarter, restrictions or limitations on
the sale of a patented product or a product producedby a patented process cannot be the grounds forrefusing a patent or invalidating one already issued.Vietnamese patent laws and regulations have no provision which permits refusal or invalidation of a patent on the ground
that the sale of a patented a product or a product produced by a patented process is restricted or limited in any forms.WT/ACC/VNM/21
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General obligations Citation to Related Laws and Regulations
Under Article 5(A)(1), importation of a patented
product manufactured in a Paris Union countrycannot be the basis of forfeiture of the patent.
Article 5(A)(2) and (3) authorize countries to use
compulsory licensing as a means to prevent abuses,such as the failure to work, but they may not forfeita patent unless the grant of a compulsory licensewould not be sufficient to prevent the abuse.
Proceedings for forfeiture or revocation cannot be
institute until two years after the grant of the firstcompulsory license.Vietnamese patent laws and regulations have no provision on forfeiture of a patent on the ground of importation of the
patented product manufactured in a Paris Union country.
Vietnamese patent laws and regulations have no provision on forfeiture or revocation of the patent as a means to prevent
abuses even the grant of a compulsory license would not be sufficient to prevent abuse of the patent rights.
Article 5(A)(4) prohibits application for a
compulsory license for failure to work until fouryears have passed since the application was filed orthree years from date of grant and no compulsorylicense is to be granted if the patentee justifies the
failure to work. Licenses are to be non-exclusive,
and may not be transferred except with theenterprise or goodwill that exploits the license.Article 5(B) prohibits forfeiture of industrialdesigns for failure to work or for importing articles
corresponding to those that are protected.Decree 63/CP (Article 51.2):
The grant of a compulsory license shall be applied only when the owner of industrial property rights, without reasonable
motivations, does not use the industrial property object or does not use it in accordance with the needs of economic, socialdevelopment of the country and shall not be applied until 4 y ears have passed since the patent application was filed or 3
years from the date of granting the patent.
A compulsory license shall not be granted if the owner of industrial property rights with the reasonable motivations does
not use industrial property object or does not use it in accordan ce with the needs of economic, social development of the
country.
A compulsory license shall be non-exclusive. The grantee of a compulsory license shall not be entitled to transfer it to
others, except with the whole business using that license.
Vietnamese patent laws and regulations do not provide the forfeiture of industrial designs for failure to work or for
importing articles corresponding to those that are protected.WT/ACC/VNM/21
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Article 5(C) prohibits cancellation of a mark for
unjustified non-use before a reasonable period oftime has passed and permits the proprietor to use
differing elements that do not diminish the
distinctive character of a mark without invalidatingthe registration or diminishing the protectiongranted the mark. Concurrent use of the mark byco-proprietor is permitted so long as the public is
not misled.Decree 63/CP (Article 28.2.c):
The validity of a Trademark Registration Certificate shall be terminated subject to a request of a third party in case the
proprietor has not used the trademark without legitimate reasons for 5 consecutive years .
Vietnamese laws and regulations do not have provisions on cancellation or narrowing the protection for using differing
elements that do not diminish the distinctive character of the registered trademark.
Vietnamese trademark laws and regulations do not allow co-o wnership with regard to a trademark, except a collective
trademark. There exist only provisions on the use of the tr ademark by co-proprietor of a collective trademark – under the
common regime of the collective that owners the trademark.
It may be necessary to take into consideration the amendment or abolishment of the following provisions:
Decree No. 12/1999/ND-CP of the Government of 6 March 1999 on administrative measures against violations in the field
of industrial property (Article 6.1.c):
The use of a trademark or an appellation of origin of goods or an industrial in the form different from the registered
pattern, while indicating that the trademark, appellation of origin of goods, industrial design have been registered, is theact of violation of regulations on indication of industrial property protection, and may be subject to fine or warning.
Under Article 5(D), protection of patents, registeredtrademarks, and industrial designs cannot [subject
to indication on goods].Vietnamese industrial property laws and regulations do not prov ide that the condition for protection is to indicate on goods
the protected inventions, utility solutions, industrial designs and trademarks.
Article 5bis requires that a grace period of at least
six months be provided for the payment ofmaintenance fees for industrial property, but asurcharge is permissible. Countries are authorizedto restore patents that lapsed for non-payment offees.Circular 3055/TT-SHCN of 31 D ecember 1996 implementing regulations of D ecree 63/CP (hereinafter referred to as
Circular 3055/TT-SHCN ) (Item 27):
The time limit for the payment of maintenance fees is 6 months prior to the expiry date of the Protection Titles.Those maintenance fees may be paid later than the above said time limit, but not later than 6 months from the expiry date.
In this case a surcharge of 10% of prescribed fees must be paid.
Provisions on restoration of patent that lapsed for non-payment of annual fees would be introduced into a substitution of
Circular 3055/TT-SHCN planed to be promulgated in 2001.
Article 5ter prohibits a Paris Member from making
use of patented devices aboard a vessel, aircraft, ofland vehicle temporally or accidentally in theterritory of the Member.Decree 63/CP (Article 52.1.c):
The use for maintaining operations of foreign transport means temporarily entering or being in the territory of Viet Nam is
not considered as infringement of industrial property rights.WT/ACC/VNM/21
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Article 5quarter requires that process patent owners
have all the rights against an imported productproduced by the patent process that they would
have with respect to products manufactured at
home.Decree 63/CP (Article 34.1):
The process patent owners have the rights against imported products manufactured by the protected process, which is
equivalent with the right that they would have in respect with products manufactured domestically: the right of putting into
circulation, advertising, offering and storing for sale of products are not discriminated between products manufactured in
foreign countries and imported to Viet Nam and products manufactured in Viet Nam, if they both have been made by theprotected process without permission of the owner.
Article 5quinquies requires that Paris Members protect
industrial designs.Industrial designs are protected under provisions of the Civil Code, Decree 63/CP and regulations providing guidelines for
implementation.
Article 6 makes the conditions for filing andregistration of trademarks subject to domestic
legislation but also makes filing and registration
independent of those in other countries, includingthe country of origin.Vietnamese trademark laws and regulations provide for trademark filling and registration procedures which are
independent of corresponding procedures in other countries, including the country of origin.
Article 6bis requires parties, ex officio if legally
possible or at the request of an interested party, torefuse to register or, for a period of at least 5 years,to cancel the registration of a trademark
confusingly similar to a well-known mark. No time
limit is placed on a mark use in bad faith.Decree 63/CP (Article 6.1.e):
A sign does not satisfy the conditions for registration if it is identical with, or confusingly similar to, another person's
trademark recognized as a well-known trademark.
Decree 63/CP (Article 29):
A Trademark Registration Certificate shall be invalidated at third party’s request if the trademark does not satisfy
protection requirements..
Decree 63/CP (Article 6):A well-known mark is any mark which is continuously used for reputable goods and services therefore widely known.
Article 6ter requires Members to refuse to register or
to invalidate the registration that includes, withoutauthorization, armorial bearings, flags, stateemblems, official signs and hallmarks, etc.. An
exception is provided for owners of rights acquired
in good faith before the Convention entered intoforce for that country.Decree 63/CP (Article 6.2 items e and g):
The following signs shall not be protected  as trademark, no exception is accepted:
- signs identical with or similar to quality marks, control marks, warranty marks etc. of Viet Nam, foreign countries or
international organizations;
- signs confusingly similar to the image of national flags, national emblems… unless the use of those is permitted by
the competent authorities.WT/ACC/VNM/21
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Article 6quarter makes the assignment of a mark valid
if the portion of the business or goodwill of thebusiness together with the exclusive right to
manufacture and sell the goods bearing the mark
are also transferred.Vietnamese industrial property laws and regulations do not provide the assignment of a trademark shall be carried out with
a transfer of the business or the reputation of the business.
Article 6quinquies requires that trademarks duly
registered in a Member be accepted for filing inother Members, with certain reservations, andestablishes the conditions under which a trademarkmay be denied registration or may be invalidated.Vietnamese industrial property laws and regulations do not have provisions on limitation of filling of trademarks
registered in a Member.
Decree 63/CP (Article 6):Conditions for refusal of registration, termination or invalidation of a trademark, are consistent with Article 6
quinquies Paris
Convention, and applicable to all trademarks, whether registered or not in other countries.
Article 6sexies states that Paris Members "undertake"
to protect service marks without being required to
provide for their registration.Civil Code (Article 785):
A trademark are signs that are used to distinguish goods or services of the same kinds from different businesses.
Trademark laws and regulations, including provisions on pro cedure for registration, are applied to both trademarks and
service marks.
Article 6septies requires that trademark owners be
able to oppose or request cancellation of aregistration or their trademarks applied for by theiragent or representative without their authorization
"unless the agent or representative justifies his
action".There is no provision on the opposition of a trademark regi stration of a foreign owner applied for by his agent or
representative.
However, according to Article 837 the Civil Code, foreigner's trademarks shall be protected under the law of Viet Nam
and the international treaties to which Viet Nam is  a party.
Therefore, based on Article 6 
septies Paris Convention, the trademark owner has the right to oppose the grant of a Trademark
Registration Certificate (under procedures provided for in Article 27 Decree 63/CP), to request invalidation of theTrademark Registration Certificate (under procedures and conditions provided for in Article 29 Decree 63/CP).
Article 7 states that the nature of the goods to whicha trademark is applied may in no case be anobstacle to the registration of the trademark.(Duplicate language is in TRIPS Article 15.4)There is no provision that permits the refusal of a Trademark Registration Certificate on the ground of nature of the goods,
services to which a trademark is applied.
Article 7bis requires that Members permit
registration of collective marks belonging to
associations the existence of which is not contrary
to the law of the country of origin, even where theassociation is not established in the country whereprotection is being sought.Decree 63/CP (Article 14.2.d):
The right to apply for registration of a collective mark shall belong to the natural or legal persons representing the
collective of natural or legal persons or other entities who abide by a common regime for the use of the respective
trademark.
An association may also be considered as  a collective; therefore it has the right to apply for registration of a collective
mark. There is no provision that requires the association be established in Viet Nam.WT/ACC/VNM/21
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General obligations Citation to Related Laws and Regulations
Article 8 requires that trade names be protected by
Members without the necessity of registration,whether or not the names are part of a trademark.Decree 54/2000/ND-CP (Article 5):
The industrial property rights to trade names shall be auto matically established when all requirements are met without
necessity of registration at the competent State agencies.
There is no provision discriminating trade names as  to whether or not they are part of a trademark.
Article 9 requires seizure on importation of
exclusion of goods bearing a trademark or tradename without authorization, unless a country's lawsprovide for neither remedy, in which case domesticactions and remedies must be available.Decree 12/1999/ND-CP (Article 12):
Customs authority can take measures against the importation of goods bearing a trademark without authorization.Decree 54/2000/ND-CP (Article 21):The industrial property owner of a trade name has the right to request the handling of infringements of industrial property
rights to that trade name.
Measures for industrial property border controls in relation to the import and export of goods shall be provided for in a
Joint Circular of the Ministry of Science, Technology and Environment and the General Customs Department.WT/ACC/VNM/21
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Article 10 applies the obligation of Article 9 to the
direct or indirect use of false indications of sourceof goods, or false indication of the producer,
manufacturer, or merchant of such goods.Decree 54/2000/ND-CP (Article 24.1):
Acts of industrial property-related unfair competition consist of using of trade indications in order to mislead the
perception and information on business entities, business establishments, business activities, goods and/or services, for the
purposes of:
- Taking advantage of the prestige and reputation of other producers and/or business entities in one’s business
activities;
- Damaging the prestige and reputation of other business entities;- Creating confusion about origins, production methods, properties, quality, quantity or other characteristics of goods
and/or services; or about conditions for supply of goods and/or services... to consumers in the course of recognizing
and selecting goods and/or services or business activities.
Decree 54/2000/ND/CP (Article 25):Organizations and individuals that do or likely to suffer from damage by unfair competition acts in the field of industrial
property shall be entitled to request the competent State bodi es to compel the person, who commits unfair competition
acts, to cease such acts and compensate for relevant damage; to apply administrative remedies or penal liability against the
person who commits unfair competition acts. Consumers’ associations and professional associations of organizations and
individuals may exercise the above mentioned right on behalf of their members.
Decree 54/2000/ND-CP (Article 27):Organizations and individuals that commit unfair competition acts in the field of industrial property shall, depending on
the nature and seriousness of such acts, be administratively handled or prosecuted for penal liability. If any damage iscaused, compensations therefore must be made according to the provisions of law.
The above mentioned provisions apply to imported goods at border and those circulated in the domestic market.WT/ACC/VNM/21
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Article 10bis requires Members to provide
protection against unfair competition, includingagainst acts that create confusion of various kinds
about the goods or activities of a competitor, that
consist of false allegations about a competitor, orthat are apt to mislead the public regarding a
competitor's goods.Decree 54/2000/ND-CP (Article 24.1):
Acts of industrial property-related unfair competition consist of using of trade indications in order to mislead the
perception and information on business entities, business establishments, business activities, goods and/or services, for the
purposes of:
- Taking advantage of the prestige and reputation of other producers and/or business entities in one’s business activities;- Damaging the prestige and reputation of other business entities;- Creating confusion about origins, production methods, proper ties, quality, quantity or other characteristics of goods
and/or services; or about conditions for supply of goods and/or services... to consumers in the course of recognizing and
selecting goods and/or services or business activities.
Decree 54/2000/ND-CP (Article 25):Organizations and individuals that do or likely to suffer from damage by unfair competition acts in the field of industrial
property shall be entitled to request the competent State bodi es to compel the person, who commits unfair competition
acts, to cease such acts and compensate for relevant damage; to apply administrative remedies or penal liability against theperson who commits unfair competition acts. Consumers’ associations and professional associations of organizations and
individuals may exercise the above mentioned right on behalf of their members.
Decree 54/2000/ND-CP (Article 27):Organizations and individuals that commit unfair competition acts in the field of industrial property shall, depending on
the nature and seriousness of such acts, be administratively handled or prosecuted for penal liability. If any damage iscaused, compensations therefore must be made according to the provisions of law.
Article 10ter requires that Members undertake to
assure to foreign nationals effective legal remedies
to repress actions referred to in Articles 9, 10 and
10bis, and to allow federations and associations
representing foreign businesses, on the basis ofreciprocity, to take action in court and beforeadministrative authorities to repress such acts.Civil Code (Article 796):
The owner of an industrial property object shall be entitled to request competent State authority to compel the person, who
commits unfair competition acts, to cease such acts and compensate for relevant damage.
Decree 63/CP(Article 54):Industrial property rights shall be protected by the Government. Any act of infringement of industrial property rights shall
be strictly prohibited and shall be dealt with in accordance wi th legal provisions. Action against industrial property right
infringement shall be carried out according to  laws and regulations on civil procedures.
Any enforcement measures and remedies are applied to all industrial property owners, Vietnamese and foreigners, without
discrimination.
Decree 54/2000/ND-CP (Article 25.2):Consumers’ associations and professional associations of or ganizations and individuals may, on behalf of their members,
exercise the right to request competent authorities for the enforcement of rights against unfair competition.WT/ACC/VNM/21
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General obligations Citation to Related Laws and Regulations
Article 11 requires that temporary protection,
consistent with domestic legislation, be afforded topatentable inventions, utility models, industrial
designs and trademarks in respect of goods
exhibited at official or  officially recognized
international exhibitions held in their territory.Decree 63/CP (Article 17):
Applicants for a Protection Title for an invention, utility solution, industrial design or trademark may claim priority on the
basis of an exhibition of the object described in the application at an official, or officially recognized international
exhibition, organized in Viet Nam or another country. Applicants shall submit the certification of exhibition display within
3 months from the filling date.
Article 12 requires Members to establish industrialproperty offices for patents, utility models,industrial designs and trademarks for thecommunication to the public through publication of
a periodic journal of the names of patent owners
with a brief designation of their inventions, and thereproduction of trademarks.The National Office of Industrial Property of Viet Nam, established in 1982, is the competent authority responsible to
carry out procedures of granting Protection Titles with regard to industrial property objects and organize industrialproperty information activities, including the publication of Industrial Property Official Gazette with the contentsconsistent with the requirements stipulated in Article 12 Paris Convention.
Article 19 authorizes Members to enter intoseparate and special industrial property agreementamong themselves, so long as those agreements donot contravene the provisions of Paris.Viet Nam has singed bilateral agreements on intellectual property protection with the Swiss Federations and the United
States. The industrial property protection provisions of these agreements are not contrary to those of the Paris Convention.
National treatment, with exceptions allowed in the
Paris, Berne and Rome Conventions.
Article 3Decree 63/CP (Article 67.1.a) and Decree 54/2000/ND-CP (Article 2.2.a):
Foreign natural or legal persons that enjoy the rights in accordance with the Paris Convention shall have the right to
request protection for their industrial property rights in Viet Nam and shall enjoy all such rights and be subject to all suchobligations as Vietnamese entities.
As for copyright and neighbouring rights:(i) According to the general legal principles of Viet Nam and Article 836 of the Civil Code, promulgated in 1995, came
into effect from 1/7/1996, once Viet Nam joints the WTO, nationals of other TRIPS member countries shall be
granted national treatment in respect of copyright and neighbouring rights in the territory of Viet Nam consistent
with the provisions of Berne Convention and Rome Convention.
(ii) The prevailing effective laws on copyright and neighbouring rights of Viet Nam have no provision discriminating
domestic and foreign subjects in respect of acquiring or maintenance of protection for eligible objects.
(iii) According to the action plan for the implementation of the TRIPS Agreement to prepare for WTO accession, national
treatment will be secured by direct provisions of new regulations and regulations on amendments or supplements to
the existing rules.WT/ACC/VNM/21
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Most favoured nation treatment, with enumerated
exceptions. Article 4.Vietnamese laws and regulations have no provision discriminating foreign entities.
Except for copyright and neighbouring rights:(i) According to the general legal principles of Viet Nam and Article 836 of The Civil Code, promulgated in 1995, came
into effect from 1/7/1996, once Viet Nam joins the WTO, nationals of other TRIPS member countries shall be
granted most favoured nation treatment in respect of copyright and neighbouring rights in the territory of Viet Namconsistent with provisions of the TRIPS Agreement.
(ii) The effective laws on copyright and neighbouring rights of Viet Nam discriminate nationals of deferent foreign
countries in respect of copyright and neighbouring rights protection. This discrimination derives from the fact that
Viet Nam has signed bilateral agreements with the United States (1997) and the Swiss Federation (1990) though it
has not yet been a member of multilateral agreements.
(iii) According to the action plan for the implementation of the TRIPS Agreement to prepare for WTO accession, most
favoured nation treatment will be secured by direct provisions of new regulations and regulations on amendments orsupplements to the existing rules.
Circular 23/TT-TCT of 9 May 1997 provides different rates of fees applied to Vietnamese and foreigners. It is necessary
to take into consideration the amendment of these provisions.WT/ACC/VNM/21
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Copyright and Neighbouring Rights Legal regulations on copyright and neighbouring rights of Viet Nam
Compliance with Article I through 21 of the Berne
Convention with the exception of Article 6bis,Article 9.1.(i) Basically, the current effective regula tions on copyright and neighbouring rights of Viet Nam are consistent with
principle standards of Article 1 though 21 of the Berne Convention.
(ii) However, there are some provisions on copyright of Viet Nam which are not completely consistent with
corresponding regulations of the Berne Convention in term of content, ways of expression, and detailed degree.These incompatible points will be clarified in the following part.
(iii) According to the action plan for the implementation of the TRIPS Agreement to prepare for WTO accession, the full
compatibility between Vietnamese regulations on copyright and neighbouring rights and those of the BerneConvention will be secured by direct provisions of new regulations and regulations on amendments or supplementsto the existing rules.
Article 2 defines “literary and artistic works” as“every production in the literary, scientific andartistic domain whatever may be the mode or form
of its expression”, giving examples. Limitations
related to speeches are provided in Article 2bis.(i) The definition of objects eligible for protection in Article 747 of the Civil Code is similar to that in Article 2 of the
Berne Convention.
(ii) The Civil Code has no exemptions as in Article 2bis, protected works must be created in a given form.
Article 3 requires that protection be provided to the
works of authors who are nationals of Berne Unionmembers and to works of nationals of non-Unioncountries if those works are published in a Unionmember simultaneously with publication in the
non-Union countryArticle 836 of the Civil Code stipulates that protection will be provided to the works of foreign individuals in Viet Nam, in
accordance with provisions of international treaties which Vi et Nam has signed or acceded to, including cases based on
standards relating to the nationality of the author and the simultaneous publication of the concerned works.
Article 4 requires that protection be provided
cinematographic works not falling under Article 3
if the maker has a headquarters or habitualresidence in a Union member and to works ifarchitecture or artistic wo rks incorporated into a
building or structure in a Union memberArticle 836 of the Civil Code stipulates that protection will be provided to the works of foreign individuals in Viet Nam, in
accordance with provisions of international treaties which Vi et Nam has signed or acceded to, including cases based on
standards relating to the headquarters or habitual reside nce of the maker of cinematographic works and cases where
architecture works incorporated into a building or structure.
Article 5 requires that authors enjoy the rights
required by Berne and any other rights a country
provides works on a national treatment basis
without being subject to any formalities.(i) Article 836 of the Civil Code stipulat es that protection will be provided to the works of foreign individuals in Viet
Nam, in accordance with provisions of international trea ties which Viet Nam has signed or acceded to, including the
application of national treatment.
(ii) Article 754 of the Civil Code stipulates that copyright shall arise as from the moment when a work is created in a
given form. Article 762 stipulates that registering for the protection of the works is not compulsory.WT/ACC/VNM/21
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Article 7 requires that the term of protection for
copyright be 50 years following the death of the
author. Special terms are authorized for
cinematographic works, anonymous orpseudonymous works, photographic works andworks of applied art.Article 766 of the Civil Code stipulates the term of protection consistent with Article 7 of the Berne Convention.
Article 8 gives author of protected works the
exclusive right to make or authorize the making oftranslations of the work.Article 751.2.c of the Civil Code stipulates that author has the right to authorize the making of translations of the work.
Article 9 requires that authors be given the
exclusive right to authorize or reproduction of the
work in any manner or form with only limited
exceptions that do not conflict with the normalexploitation of the work and do not unreasonablyprejudice the legitimate interests of the author.(i) Article 751.2.c of the Civil Code stipulates that author has the right to authorize the reproduction of the work.
(ii) Article 760 of the Civil Code stipulates principle restriction to the author’s exclusive rights consistent with Article 9
of the Berne Convention.
(iii) Article 761 of the Civil Code provides restriction to the author’s exclusive rights in case of “free use”, no permission
from and remuneration to the author is required.
Article 10 and 10bis define certain authorized “freeuses of works”Article 761 of the Civil Code defines certain “free uses of works” consistent with Article 10 and 10bis of the Berne
Convention.
Article 11, 11bis and 11ter require that author ofdramatic, dramatico-musical and musical works and
any translation thereof and authors of literary and
artistic works, the exclusive right to authorize thepublic performance of their works, including bybroadcast, public recitation and any communicationto the public.Article 751 of the Civil Code stipulates that author has the right to authorize to make translations, performance, broadcast,
and recitation of the works. However, communication to the public has not been clarified.
Article 12 requires that authors of literary or artisticworks have the exclusive right to authorizeadaptations, arrangements and other alterations of
their works.Article 752.2.c and Article 757.1 of the Civil Code stipulates that author has the right to authorize transforming and/or
adapting of his works.
Article 13 authorizes countries to imposereservations and conditions on the exclusive rightgranted authors of musical works or written worksthat are recorded.Article 776 stipulates conditions on use of musical works an d associated written scripts, if any, in recorded formWT/ACC/VNM/21
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Article 14 requires that authors of literary and
artistic works have the exclusive right to authorize
the cinematographic adaptation and reproduction of
their works and the distribution, public performanceand communication, without the limitationsauthorized under Article 13 (1)(i) Article 757 of the Civil Law stipulates that author of literary and artistic works has the right to authorize
transforming and/or adapting of his works. This provision can be understood including transformation of
cinematographic works.
(ii) The Civil Code provides no detailed clarification concer ning the rights of the author of original works to the
distribution, public performance and communication of the cinematographic works transformed from the originalworks. This issue will be adjusted in new regulations and regulations on amendments or supplements to the existingrules according to the action plan for WTO accession.
Article 14bis specifies that a cinematographic workis to be protected as an original work without
prejudice to any work that is adapted or reproduced
and the author of the cinematographic work is toenjoy the same rights as the author of any otherwork.(i) Article 745.2 of the Civil Code stipulates that a person who transform or adapt a works shall be recognized as author
and having copyrights as author of the original works. This provision can be understood including transformation of
cinematographic works.
(ii) Article 758.1 of the Civil Code stipulates that copyrights of cinematographic works are equal to that of original
works.
Article 14ter requires ”droit de suite” in connectionwith subsequent sales works of art and manuscripts.(i) The Civil Code provides no detailed clarification about ”droit de suite”
(ii) This issue will be considered according to the action plan for WTO accession.
Article 15 requires that ownership of a work, for
purposes of litigation, be presumed to be that whichappears on the work in the usual manner.(i) The Civil Code provides no detailed clarification of presumed ownership as in Article 15 of the Berne Convention.
(ii) Article 751.1.b of the Civil Code stipulates that authors have the right to put his real name or pseudonym in the
works. This provision can be understood that the person whose name appears in the works is the author, unless
otherwise approved by evidences. This presumption will be clarified in new regulations and regulations on
amendments or supplements to the existing rule s according to the action plan for WTO accession.
Article 16 requires that infringing copies of a work
be subject to seizure whether domesticallyproduced or imported.(i) Article 759 of the Civil Code stipulates that authors have the right to request the competent State agency to apply
measures to the violator of their copyrights. However, there is no provision concerning the seizure of illegally copiedworks.
(ii) Seizure measure is stipulated in Article 11 and 15 of Ordinance on Administrative Penalties (issued by the Standing
Committee of the National Assembly in 1995).
Article 18 requires that copyright protection beapplied to all works which, at the moment Berne
becomes effective, have not fallen into the public
domain in the country of origin through the expiryof the term of protection.(i) Article 836 of the Civil Code stipulates that works eligible for protection shall be protected in Viet Nam in
accordance with international treaties wh ich Viet Nam has signed or acceded to.
(ii) The prevailing regulations on copyrights of Viet Nam require no condition, such as publication, dissemination,
registration, payment of charges, on the protection of any work. Therefore, the main reason to refuse protection of awork is the expiration of protection term.
(iii) This principle has been clearly affirmed in the Bila teral Agreement on Copyright between Viet Nam and the United
States (signed in 1997).WT/ACC/VNM/21
Page 16TRIPS Agreement Viet Nam
Article 19 authorizes Union members to provide
greater protection than that required by the
ConventionThe Vietnamese regulations have no provision limiting the copyright protection equal to that required by international
treaties.
Article 20 authorizes Union members to enter into
special agreements among themselves to provide
more extensive rights than those provided by Berne.Currently, Viet Nam has not yet acceded to any multilateral treaty on copyright, including the Berne Convention.
Protect computer programmes, whether in source or
objective code, as literary works under the BerneConvention. Protect compilations of date, whetherin machine readable or other form are to protectedas intellectual creations if they constitute such.
Article 10.(i) Article 747.1 of the Civil Code stipulates that computer software is recognized as works with copyright protected.
(ii) Article 14.4 Decree No 76/CP of the Government clarif ies that computer software includes computer programmes
and database.
(iii) The Civil Code has no detailed provision defining co mputer programmes as literary works. This issue will be
adjusted in new regulations and regulations on amendments  or supplements to the existing rules according to the
action plan for WTO accession.
Provide rental rights at least for computer
programmes and cinematographic works withcertain exceptions. Article 11.Article 751.2 of the Civil Code stipulates that author has the right to authorize the use of works under leasing manner. This
provision can be understood including leasing of computer programmes and cinematographic works.
Provide a term of protection of fifty years from thedeath of tile author (Berne Article 7.1 and TRIPSArticle 9.1) or, for works the term of which is notmeasured by the life of the author, a term of 50
years from the end of the calendar year of
authorized publication, or, if not published withinfifty years from making, fifty years from the end ofthe calendar year of making. Article 12(i) Article 766 of the Civil Code and Article 14 Decree No 76/CP of the Government stipulate the term of protection and
the measurement of term of protection consistent with Article 12 of the TRIPS Agreement.
(ii) In case the term is not measured by the life of the author, the Civil Code defines the publication date of the works as
the starting time. There is no provision defining the date of creation as the starting time. This issue will be adjusted in
new regulations and regulations on amendments or supplemen ts to the existing rules accord ing to the action plan for
WTO accession.
Confine limitations and exceptions to exclusiverights to certain special cases which do not conflictwith a normal exploitation of the work and do notunreasonably prejudice the right owners’ legitimate
interest. Article 13(i) Article 760 of the Civil Code stipulates principles of restriction to the exclusive rights consistent with Article 13 of
the TRIPS Agreement.
(ii) Article 761 of the Civil Code provides restriction to the author’s exclusive rights in case of “free use”, no permission
from and remuneration to the author is required.
(iii) Article 774, 776 and 778 of the Civil Code can be understood as responsibilities of the users in special case when the
works has been published, disseminated, such as performed, recorded, filmed and broadcasted. In comparison withthe Berne Convention, this provision is greater. This issu e will be adjusted in new regulations and regulations on
amendments or supplements to the existing rule s according to the action plan for WTO accession.WT/ACC/VNM/21
Page 17TRIPS Agreement Viet Nam
Provide performers with the right for 50 years from
the date of a performance to prevent unauthorized
fixation of their unfixed performances and of
reproductions of such fixations and to prevent theunauthorized broadcast by wireless means andcommunication to the public of their liveperformances. Article 14.1 and 5(i) Article 775 of the Civil Code stipulates that the performers have the right to authorize fixation ad reproduction to
distribute, broadcast their live performances.
(ii) The Civil Code has no detailed provisions on the rights of the performers to the communication to the public and the
term of protection to the performers. This issue will be adjusted in new regulations and regulations on amendmentsor supplements to the existing rules according to the action plan for WTO accession.
Provide phonogram producers with the right for 50years from the date of first authorized fixation to
prohibit unauthorized reproduction of their
phonogramme, directly or indirectly, and to prohibitrental of copies of their phonograms once sold orotherwise distributed. Article 14.2,.4, and 5.Article 777 of the Civil Code stipulates that in 50 years, commencing from the date when the recordings are disseminated,
the recorders have the right to authorize reproduction, distri bution of copies and enjoy the benefit from the usage of the
recordings. The provision on the benefits from the usage of recordings can be understood including leasing actions.
However, this issue will be clarified in new regulations and regulations on amendments or supplements to the existingrules according to the action plan for WTO accession.
Providing broadcasting organizations with theexclusive rights for 20 years of fixation,reproduction of fixations, and rebroadcasting bywireless means of their broadcasts and the
communication to the public of broadcasts of their
broadcasts or provide the owners of the copyright inthe material broadcast the possibility of exercisingsuch rights. Article 14.3 and 5.Article 779 of the Civil Code stipulates that in 50 years, commencing from the date of broadcasts, the broadcasting
organizations have the right to authorize rebroad casting, recording, reproducing of the broadcasts.WT/ACC/VNM/21
Page 18 TRIPS Agreement Viet Nam
Trademarks
Provide trademark or service mark protection for
any sign, or combination of signs capable ofdistinguishing the goods or services of oneundertaking from those of other undertakings.Article 15.1Civil Code ( Article 785):
A trademark consists of the symbols that are used to distinguish goods or services of the same kind made by different
producers. A trademark can be words, images or a combination thereof expressed in one or several colours. In fact, any
visible, distinguishable sign may be protected as a trademark.
Not deny registration for a mark based solely on the
nature of the goods or services to which a
trademark is to be applied. Article 15.4Civil Code and Decree No. 63/CP do not define the nature of the goods or services as a ground for refusal of a trademark
registration. In fact, the nature of the goods or services is just one of the grounds for determining whether goods or
services are of the same kind.
Trademarks must be published before or shortlyafter registration to permit opposition oropportunity to apply for cancellation. Article 15.5Decree No 63/CP (Article 31.2):
The information published in the Official Gazette of Industrial Property relates to :a) Officially accepted applications for Protection Titles;b) Protection Titles granted and registered, trademarks protected in Viet Nam through registration under the Madrid
Agreement or other international agreements to which Viet Nam is a party;
Decree No. 63/CP (Article 20):
During the period of substantive examination, any third party shall have the right to present opinions in relation to the
grant or refusal of a Protection Title which have been published in the Official Gazette of Industrial Property.
Decree No. 63/CP (Article 29.1):Any third party shall have the right to file an application requesting the National Office of Industrial Property to cancel the
validity of a Protection Title for the reason that such Protection Title has been granted contrary to the provisions of law.
Provide trademark owners the exclusive right toprevent unauthorized use identical or similar marks
for similar goods or services of other parties if
confusion is likely to result. Article 16.1Decree No. 63/CP (Article 53):
The following acts shall be considered as  infringements of trademark rights:
Using signs identical with a trademark be ing protected by a Certificate for trademark registration or by an international
registration for goods, include services similar to or relating to the goods and services in the list registered together withthe mark or/and using signs similar to the trademark for goods and services of the same kind, similar to or relating togoods and services included in the list registered together with the mark, if such use would lead to confusion of the originof goods.
Presume confusion where an identical mark is usedwithout authorization on identical goods or
services. Article 16.1Decree No. 63/CP (Article 53.1):
Any acts of using the trademark as provided for in Article 805 of Civil Code and as detailed in Article 34 of the Decree
within the term of protection, and without permission of the trademark owner shall be considered as infringement of the
trademark right.WT/ACC/VNM/21
Page 19TRIPS Agreement Viet Nam
Trademarks
Provide protection for well known trademarks and
services marks in accordance with Article 6bis of the
Paris Convention, even where use is on goods or
services which are not similar to those in respect of
which a trademark is registered if the latter usewould imply a connection with the right holder orwould be likely to damage the right holder'sinterests. Article 16.2 and 3.Decree No 63/CP (Article 6.1.e):
One of the conditions for a sign to be recognized as capable of distinguishing is that it is not identical with, or confusingly
similar to another person's trademark recognized as  a well-known trademark in accordance with Article 6
bis Paris
Convention.
Decree No. 63/CP (Article 2.8.b):A well-known mark is any mark which is continuously used for reputable goods and services so that it become widely
known.
Decree No. 63/CP (Article 8.3):
Rights over a well-known mark arise on the basis of recognition by the competent State authority of a well-known mark.
Decree No. 63/CP (Article 10.1):Industrial property rights over a well-known mark are protected indefinitely since the mark is recognized as a well-known
as stated in the Decision on recognition of a well-known mark.
Decree No. 63/CP (Article 53.1):The following acts shall be considered as infringement of well-known mark rights: using signs identical with or similar to
a well-known mark or signs in the form of translation, transliteration of the mark for any goods and services including
goods and services of different kinds, dissimilar to or related to goods and services belonging to the list of reputable goodsand services bearing the well-known mark, if such use is likely to create confusion about the origin of goods or wrongimpression on the relationship between the user of such signs and the owner of the well-known trademark.WT/ACC/VNM/21
Page 20TRIPS Agreement Viet Nam
Trademarks
Allow only limited exceptions to the rights
conferred by a trademark such as fair use ofdescriptive terms. Article 17According to  Article 803 Civil Code and  Article 52.2 Decree No. 63/CP, the following acts shall not be considered as
being within the scope of the exclusive rights belonging to the trademark owner:
- using of a trademark for non-commercial purpose;
- using of products having been put into the market place, including foreign markets, by the owner of the industrial
property rights or his licensees.
Unfair use of descriptive terms identical with or similar to a protected trademark may be cons idered as unfair competition
acts as provided for in Article 24 Decree No. 54/2000/NDD-CP: Acts of industrial property-related unfair competitioninclude:
 "1. Using commercial indications to mislead the perception and information about business entities, business
establishments, business activities, goods and/or services, for the purposes of:
a) Taking advantages of the prestige and reputation of other business entities in one's production and/or business
activities;
b) Damaging the prestige and reputation of other business entities;c) Creating confusion about origins, production methods, properties, quality, quantity or other characteristics of
goods and/or services; or about conditions for supply of goods and/or services to consumers in the course of
recognizing and selecting goods and/or services or business activities."
Provide a period of protection for registration of atleast seven years, renewable indefinitely. Article18.Decree No 63/CP ( Article 9.2.e):
Protection Titles for trademarks are Trademark Registration Certificates with the term of validity beginning on the date of
grant, expiring at the end of 10 years counted from the official  filing date and renewable indefinitely for consecutive terms
of 10 years.
Circular No. 3055/TT-SHCN (Items 13.8 and 16.5):
Time limit for the grant of Certificate for a Trademark Registration is 12 months counted from the official filing date.
Allow cancellation for non-use only after a period
of three years of uninterrupted non-use unless valid
reasons exist for the non-use, includingGovernment interference with use. Article 19.1.Decree No. 63/C (Article 28.2.c):
The validity of a Certificate for a Trademark Registration shall be terminated in case the owner of a Trademark
Registration Certificate has not used the trademark without le gitimate reasons for 5 consecutive years prior to the request
for termination of validity. In such a case, the validity of the Certificate  shall be terminated from the first day after suchperiod of 5 years.
No encumbering of the use of a trademark byspecial requirements. Article 20.There has been  no special requirements for the use of trad emark in the prevailing laws and regulations on the trademark
protection of Viet Nam.WT/ACC/VNM/21
Page 21TRIPS Agreement Viet Nam
Trademarks
May establish conditions for licensing but
compulsory licensing not permitted and owner ofregistered mark must be able to assign it with or
without transfer of business. Article 21.Decree No. 63/CP (Article 35):
The trademark owner shall be entitled to transfer the right to use of the trademark entirely or in part to other natural or
legal persons or other entities.
Transfer of the right to use a trademark shall be effected  through a written contract ("licensing agreement"). A licensing
agreement shall have legal effect only upon registration with the National Office of Industrial Property.
Decree No. 63/CP (Article 37 and 38):Ownership rights over a trademark may only be inherited by a single natural or legal person or a single other entity. The
successor to the ownership right over the trademark has to meet  the requirements for the right to apply for the respective
Protection Title.
The owner of a trademark shall not relinquish his or her right therein when subject to a valid license, unless the licensee
agrees to the termination of the licensing agreement before its due expiry date.
The transfer of industrial property rights over trademarks sha ll not cause confusion over the characteristics or origin of the
goods or services such trademarks are used for.
The transfer of the ownership right over an associated mark shall be concurrently carried out together with all associated
marks.
The transfer of the ownership right over a well-known mark must ensure the prestige and reputation of the goods and
services bearing the well-known mark.
There is no provision permitting the grant of non-compulsory license of a trade mark in the prevailing laws and regulations
of Viet Nam.WT/ACC/VNM/21
Page 22 TRIPS Agreement Viet Nam
Geographical Indications
Provide means to prevent deceptive use of
geographical indications identifying location wherea given quality, reputation or other characteristic ofa goods is attributable to its location. Article 22.1and 2.Decree No. 54/2000/ND-CP (Article 10):
Prosecutable geographical indications are the information on geographical origins of goods that satisfies all the following
conditions:
a) Being expressed in a word, phrase, sign, symbol or device which serves to indicate a country or a region, locality of a
country;
b) Being presented on a good, packages of the good or transaction papers relating to purchase or sale of the good to
indicate that the good originates from a country, region or locality where the peculiar characteristics of quality,reputation, fame, or other characteristics of the good are essentially attributable to its geographical origin.
Decree No. 54/2000/ND-CP (Article 19):Acts of infringement of industrial property right over geographical indications include:1. Using any commercial indications which are identical with or similar to protected geographical indications, creating
wrongful impression of the geographical origin of goods;
2. Using any commercial indications which are identical with or similar to protected geographical indications for
identical, similar or related goods, without ensuring reputation, fame of the goods bearing such geographicalindications, even where such indications are accompanied by expressions such as "method", "type", "style","limitation", or the like.
Decree No. 54/2000/ND-CP (Article 21):
The persons having the right to use geographical indications shall be entitled to request from the competent State bodies
injunction and damages against persons who commit infringement of their rights.
In cases where the use of geographical indications results in consumer's confusion, such consumers may request from the
competent State bodies injunction and damages against the persons who commit the infringement.
The handling of infringing acts of industrial property right over  geographical indications shall be carried out in accordance
with procedures for handling infringing acts of other industrial property rights.
Decree 63/CP (Article 53.1):The person not having the right to use an appellation of origin, committing one of the using acts of appellation of origin as
provided for in Article 805 of Civil Code and as detailed in Article 34 of this Decree within the term of protection isconsidered as having committed an act of infringement.WT/ACC/VNM/21
Page 23TRIPS Agreement Viet Nam
Geographical Indications
Protect, with certain exceptions, appellations of
origin for wines or spirits even against useaccompanied by expressions such as "kind", "type",
"style", etc. Article 23.1 and 24Decree No. 54/2000/ND-CP (Article 19.3):
Infringement acts of industrial property right over geographical indications include the use of geographical indications of
wines or spirits for those not originating in indicated territories, even where the true origin of goods is indicated or
geographical indications are used in translation or accompanied by expressions such as "type", "style", "kind",
"limitation", or the like.
Decree No. 63/CP (Article 47.1.b):Who has been granted a Certificate of the Right to Use an appellation of origin shall have the right  to request the
competent State authority to compel other persons to stop infringing acts and pay compensation for damage caused by the
illegal use of such appellation of origin or signs confusingly similar thereto, including the case where the true origin of the
product is indicated or the appellation of origin is translated  into another language or the use is accompanied by "kind",
"type", "imitating", or the like.
Refuse to register or invalidate registrations oftrademarks containing geographical indications
except in instances in which such marks have beenused continuously for at least 10 years or in goodfaith before 15 April 1994. Article 22.3.Decree No. 63/CP (Article 6.1.f):
One of the requirements for a sign to be recognised as capable of distinguishing is that it is not identical with, or
confusingly similar to protected geographical indications (including appellations of origin).WT/ACC/VNM/21
Page 24 TRIPS Agreement Viet Nam
Industrial Designs
Provide, with certain exceptions, protection for new
or original, independently created industrialdesigns. Article 25.1.Civil Code ( Article 784):
An industrial design is the shape of a product that is expressed by lines, three-dimensional form and colours, or a
combination thereof, and that has world-wide novelty and served as a pattern for making industrial or handicraft products.
Ensure that requirements for securing protection fortextile designs are not prohibitive of suchprotection. Article 25.2Textile designs are protected in the same manner as any other industrial designs. There is no specific provision for the
protection of textile designs in the prevailing laws and regulations. The requirements for the establishing rights inindustrial designs are reasonable.
Protection should last at least 10 years Decree No. 63/CP (Article 9.2.c):
Protection Titles for industrial designs are Patents for Industrial Designs with the term of validity beginning on the date of
grant, expiring at the end of 5 years counted from the official filing date and renewable for two consecutive terms of 5
years.
Circular 3055/TT-SHCN ( Items 13.8 and 16.5):Time limit for the granting Patents for industrial designs is 12 months counted from the official filing date.WT/ACC/VNM/21
Page 25TRIPS Agreement Viet Nam
Patents
Provide patents for any inventions, whether
products or processes, in all fields of technology ifthey are new, involve an inventive step and areindustrially applicable. Exceptions are permitted forplants and animals, except for microorganisms and
non-biological and microbiological processes.
Exemptions are also permitted for reasons of orderpublic and morality. Article 27Civil Code ( Article 782):
An invention is a technical concept that is distinguished by having world-wide novelty in terms of the present state of
technological development, is non-obvious, and is applicable to various social and economic fields.
Decree No. 63/CP (Article 4.1, 4.2 and 4.3):There are detailed criteria for determining novelty, inventive step and industrial applicability of a technical solution.
Decree No. 63/CP (Article 4.4):
Subject-matters excluded from patentability include:
scientific concepts, principles and discoveries;
methods and systems for economic organisation and management;methods and systems for education, teaching and training;methods for the training of animals;
systems in regard of linguistics, information, classifications and compiling of documentation;
designs and planning schemes for construction works, projects for regional development and planning;solutions concerning only the shape of articles and being of an aesthetic nature only;conventional signs, timetables, rules and regulations and symbols;computer software, layout designs of integrated circuits, mathematical models, graphs and the like;
plant or animal varieties;
methods for the prevention, diagnosis or treatment of diseases for human being, animals;essential biological processes for the production of plants or animals other than microbiological processes.
Civil Code ( Article 787):The industrial property subject-matters which are contrary to soci al interest, public order, the principles of social humanity
shall not be protected.WT/ACC/VNM/21
Page 26TRIPS Agreement Viet Nam
Patents
Provide patent owners with the right to prevent
others from making, using, offering for sale,selling, or importing a patented products or from
using a patent process or using, offering for sale,
selling or importing a product produced directlyusing such process. Article 28.1Decree 63/CP (Article 53):
The person other than the owner of a patent committing one of the using acts as provided for in Article 805 of Civil Code
and as detailed in Article 34 of the Decree within the term of protection, and without permission of the owner or without a
right of prior use as provided for in Article 50 of the Decree sh all be considered as having committed an act of patent right
infringement unless one of the exceptions mentioned in Articles 51, 52 of the Decree does apply. The acts of usinginvention are provided for in Article 34 Decree No. 63/CP, as follows:
manufacture of a protected product;application of a protected process;
exploitation of a protected product;
putting into circulation; advertising, offering or storing for sale a protected product or a product manufactured by a
protected process;
importing a protected product or a product manufactured by a protected process.
Give patent owners the right to assign the rights in
the patent, or transfer the rights by succession, orlicense them. Article 28.2.Civil Code ( Article 796.2):
The ownership of inventions can be inherited or transferred to other persons.Civil Code ( Article 796.1.b):The owners of inventions shall have the right to transfer the right to use the patented invention to other persons.
Require applicants to disclose the invention so that
one skilled in the art can carry it out and may
require indication of the best mode and informationon corresponding foreign applications. Article 29Circular 3055/TT-SHCN ( Item 6.3):
The description must totally reveal the nature of the technical solution requested to be protected. The description must
provide information to such an extent that based on which a person with the average skill in the corresponding technicalarea can apply such solution.
The description must clarify the novelty, inventive step and applicability of the technical solution requested to be
protected.WT/ACC/VNM/21
Page 27TRIPS Agreement Viet Nam
Patents
Ensure that any exceptions to exclusive patent
rights do not unreasonably conflict with normalexploitation of the patent and do not unreasonably
prejudice the legitimate interest of the patent owner,
taking third party interests into account. Article 30.Civil Code ( Article 801) and Decree 63/CP (Article 50):
If before the filing date of an application for a Protection Title for an invention, a natural or legal person or another entit y
has used the invention independently from the owner, such natural or legal person or such other entity has the right to
continue the use within the scope and volume of use as before filing date (the prior user's right). The owner of Protection
Title shall not exercise his or her right to initiate actions or provisional right against such natural or legal person or othe r
entity after the grant of the Protection Title, provided the scope or volume of use has not been increased in comparisonwith that before the filing date of application.
If after the filing date of an application for a patent, such natural or legal person or other entity increase the scope or
volume of use of the invention in comparison with that before such date, the increase shall not be covered by the right of
prior use.
The prior user's right shall not be transferred to other persons unless it is done together with the undertaking where the
prior use has been carried out.
According to Article 803 of the Civil Code and Article 52.1 of the Decree 63/CP, the following acts shall not be
considered as patent infringements:
- the use of non-commercial purpose;
- the use of products having been put into the market place including foreign markets by the owner of the patent,
licensee, non-voluntary licensee or the person entitled to the prior use right;
- the use for maintaining operations of foreign transport means temporarily entering or being in the territory of
Viet Nam.WT/ACC/VNM/21
Page 28TRIPS Agreement Viet Nam
Patents
Compulsory licenses can be issued only when
enumerated conditions are met, including suchthings as notice, remuneration, limitations on use
and transfer of the license, etc. Article 31.Decree 63/CP (Article 51.2):
A non-voluntary license shall be granted only in cases as provided for in Article 802 of Civil Code (The owner fails to use
the invention or his use fails to meet the need of socio-eco nomical development of the country without justifiable reasons;
The owner refuses licensing in spite of efforts made by the person having the need of use in negotiations, including offer
of reasonable royalty; The use is to meet needs of the natio nal defense, the national security, the diseases prevention and
treatment for people and other urgent social needs).
A non-voluntary license shall not be granted until the end of 4 years counted from the filing date and 3 years counted from
the issuing date of Protection Title.
The person who is compelled to grant a non-voluntary license has the right to request for cancellation of the license when
the conditions which led to the grant cease and are not likely to recur, provides that the cancellation shall not be prejudicia l
the licensee.
Decree 63/CP (Article 51.3):The Ministry of Science, Technology and Environment is th e competent State body having authority to consider requests
for permission of use of invention and to issue  decision ordering the owner to grant non-voluntary license.
Decree 63/CP (Article 51.6):
In the decision ordering a non-voluntary license to be granted,  the Minister of Science, Technology and Environment shall
fix the license terms in accordance with the following provisions:
a) Non-voluntary licenses shall be non-exclusive;b) The scope and duration of a non-voluntary license shall be limited to the purpose for which it was granted;c) The party to which a non-voluntary license is granted shall not transfer the right to use the invention under a non-
voluntary to others, except with the undertaking which enjoys such use, or shall not sublicense.
d) The party to which a non-voluntary license is granted shall remunerate the licensor an amount of money
corresponding the economic value of the right to use the invention and the license or equivalent to royalties ofcontractual licenses with the same scope and term.
The decision ordering a non-voluntary license to be granted shall be published in the Official Gazette of Industrial
Property within 1 month from the date of issue.
Decree 63/CP (Article 51.7):
Within 1 month from the date the Minister of Science, Technology and Environment issues the decision ordering a non-
voluntary license to be granted, the owner of an industrial property right, or the holder of right over the whole inventionshall grant a license on the conditions stipulated in the decision.
Decree 63/CP (Article 51.8):
The person who is compelled to grant a non-voluntary license has the right to appeal the decision on such license to the
Minister of Science, Technology and Environment.WT/ACC/VNM/21
Page 29TRIPS Agreement Viet Nam
Patents
Provide an opportunity for judicial review of
decisions to revoke or forfeit a patent. Article 32.Decree No. 63/CP (Article 27.4, Article 28 and Article 29):
Decisions on termination or cancellation of validity of a patent by the National Office of Industrial Property may be either
brought to administrative court or further appealed to the Minister of Science, Technology and Environment, depending on
the appellant's choice.
Provide a patent term of at least 20 years from the
filing date. Article 33.Decree No. 63/CP (Article 9.1.a):
Protection Titles for inventions are Patents for Inventions with the term of validity beginning from the date of grant and
expiring at the end of 20 years counted from the official filing date.
Shift the burden of proof in process patentinfringement actions to the defendant in instancesin which tile product produced by the process isnew or where it is substantially likely that the
identical product was made using the process and
the patent owner has been unable throughreasonable efforts to determine the process used.Article 34.According to prevailing laws and regulations on civil procedures of Viet Nam, the burden of proof is of the plaintiff, rather
than the defendant.
Provisions complying with Article 34 of the TRIPS are to be provided for in a Circular of the Supreme People's Court and
Ministry of Science, Technology and Environment guiding the judgment of cases in the industrial property field. This
Circular is scheduled to be promulgated by the end of 2002.WT/ACC/VNM/21
Page 30 TRIPS Agreement Viet Nam
Integrated-Circuit Layout Designs
Provide protection for original layout designs of
integrated circuit that are registered or have beencommercially exploited anywhere in the world.Articles 3, 4, 5 and 7 of the Washington Treaty asincorporated into TRIPS by Article 35.Viet Nam does not yet have any provisions on the protection of layout designs of integrated circuits, as provided for in
Articles 35 to 38 of the TRIPS Agreement.
A draft Decree on the protection of layout designs of semiconductor integrated circuits is to be completed and submitted to
the Government in December 2001.
Make unlawful, except in certain circumstances, the
reproduction, importation, sale or other distribution
of a protected layout design or an integrated circuitembodying such design or an article containingsuch a microcircuit. Article 6 of Washington andArticle 36 of TRIPS.There is no provision yet.
The provisions which comply with Article 6 of the Washington Treaty have been put in the above-mentioned Draft
Decree.
Provide such protection for a term of 10 years fromthe filing of an application for registration or fromfirst commercial exploitation. Article 38.There is no provision yet.
The provisions which comply with Article 38 of the TRIPS Agreement have been put in the above-mentioned Draft
Decree.WT/ACC/VNM/21
Page 31TRIPS Agreement Viet Nam
Undisclosed Information
Provide protection for undisclosed information that
is secret (not generally known or readilyascertainable); has commercial value because of itssecrecy; and has been subject to reasonable steps tokeep it secret. Article 39.2.Decree 54/2000/ND-CP (Article 6):
Protectable business secrets are investment results in the fo rm of information satisfying all the following conditions:
a)  It is not common knowledge;b) It is applicable to business activities and when used, it renders its holder advantages over those who do not hold or
use such information;
c) It is kept secret by its owner with necessary measures so that it shall neither be disclosed nor easily accessible.
The owners of industrial property right over business s ecrets shall be entitled to request the competent State bodies
injunction and damages against persons who commit infringement of their rights.
Protect data submitted to obtain marketing approvalfor pharmaceutical or agricultural chemicalsutilizing a new chemical entity. Article 39.3Decree 54/2000/ND-CP (Article 18.4):
The following acts shall be considered as infringement of industrial property right over business secret and shall be
remedied: Accessing, acquiring others’ information of business secret submitted to obtain approval for doing business inrespect of or the marketing of products, especially pharm aceutical products and agricultural -chemical products, by taking
acts against secret-keeping measures of administrative agencies, or using such information for the commercial purposes,
including for obtaining approval for doing business in respect of or the marketing of products.WT/ACC/VNM/21
Page 32 TRIPS Agreement Viet Nam
Enforcement
- General provisions
Provide for effective action against infringement of
intellectual property rights without creating barriersto legitimate trade or opportunities for abuse.Article 41.1Apart from general legal provisions on civil, criminal, ad ministrative proceedings and customs control, Viet Nam has
promulgated particular provisions on criminal and administrative procedures and remedies apply to infringements ofintellectual property rights in the following legal instruments:
- The Criminal Code 1999 (Article 131: The crime of copyrights infringement; Article 156: The crime of producing
and trading counterfeiting goods; Article 162: The crime of deceiving consumers; Article 168: The crime of
untruthfully advertising; Article 171: The crime of industrial property right infringement);
- The Decree No. 12/1999/ND-CP of the Government of 6 March 1999 on administrative measures against violations
in the field of industrial property (hereinafter referred to as the Decree No. 12/1999/ND-CP);
- The Circular No. 825/2000/TT-BKHCNMT of the Ministry of Science, Technology and Environment of 3 May 2000
guiding the implementation of the said Decree No. 12/1999/ND-CP, as amended by the Circular No. 49/2001/TT-BKHCNMT of 14 September 2001 (hereinafter referred to as the Circular No. 825/2000/TT-BKHCNMT).
- The Decree No.31/2001/ND-CP dated 26 June 2001 on administrative procedures in culture and information sector.
- The prevailing laws and regulations basically meet the TRIPS Agreement requirements yet.
- Viet Nam is now implementing the plan of promulgation of the special laws and regulations on civil proceedings,
border measures in the field of intellectual property in accordance with the TRIPS requirements:
- Joint  Circulars of the Supreme People Court, the Supreme People Prosecution Institution and the Ministry of
Science, Technology and Environment/the Ministry of Culture and Information  guiding the judgement of cases
related to industrial property rights/ copyrights (hereinafter referred to as joint Circulars guiding the judgement of
IPR cases). Schedule: Promulgation in the end of 2002.
- Joint Circulars of Customs General Department and the Ministry of Science, Technology and Environment/the
Ministry of Culture and Information on border measures (hereinafter referred to as joint  Circulars on bordermeasures). Schedule: Promulgation in the end of 2002.
Provide enforcement procedures that are fair andequitable and are not unnecessarily complicated or
costly and do not entail unreasonable time-limits or
unwarranted delays. Article 41.2.The prevailing enforcement procedures are fair, equitable, and are not unnecessarily complicated or costly and there is no
provision on unreasonable time limits or unwarranted delays.WT/ACC/VNM/21
Page 33TRIPS Agreement Viet Nam
Enforcement
Provide decisions on the merits based upon the
evidence presented in the case to the parties,preferably in writing with the reasons explained.
Article 41.3.The Ordinance on procedures for judgment of civil cases in 1989:
There must be a record of the opinions discussed and of the decisions of the Board of Trial on the merits of the case. The
decisions of the Board of Trial must fully present the contents , details, evidences... of the case, bases of laws and decisions
of the Court (Article 53); the parties are given extracts of the sentence or decision of the case by the Court right after the
court session, the copies of the sentence or decision of the judgment by 15 days from the judgment date (Article 57); theparties and related persons have the right to give their opinions on the evaluation of evidences, to respond to the others'opinions and to propose the solution to the case (Article 51).
The provisions that meet the TRIPS requirements are to be provided for in a joint Circulars guiding the judgment of IPR
cases (2002).
Provide for appeals to judicial bodies of finaladministrative decisions and of at least the legal
aspects of initial judicial decisions on the merits ofa case. Article 41.4.The Ordinance on procedures for judgment of civil cases, the Criminal Proceedings Code, the Ordinance on judgment of
administrative cases have provisions on leveled jurisdiction of judgment of appeal, and of at least the legal aspects of
initial sentences, judicial decisions. Par ticularly, there are provisions on procedures of appeal for initial sentences and
judicial decisions. The draft of Civil Proceedings Code provid es the principles of two-level judgments applicable to civil
cases.
According to the Ordinance on judgment of administrative cases and the Appeal and Denounce Law, administrative
decisions on judgment of IPR infringements may be secondly app ealed either at superior administrative authority or at the
Administrative Court, depending on the plaintiff's choice.
- Civil and Administrative Procedures and
Remedies
Provide a procedure that allows plaintiffs to bringan action for infringement; requires that defendantsbe notified; permits both sides to present evidencein support of their position; and protectsconfidential information. Article 42.Civil Code ( Article 762.1.b and  Article 796.1.c):
The intellectual property right owners have the right to require the competent State authorities to compel the persons who
infringe their rights to stop that infringements and compensate for damages; The parties have equal rights to provideevidences, to propose and discuss relevant matters (Article 20.2 of the Ordinance on procedures for judgment of civilcases in 1989).
- The procedures for handling of IPR infringements are provided for in the following legal instruments:
- The Ordinance on procedures for judgment of civil cases;
- The Decree No. 12/1999/ND-CP;
- The Circular No. 825/2000/TT-BKHCNMT;
- Decree No.31/2001/ND-CP dated 26/6/2001 on administrative procedures in culture and information sector.
Provisions on measures of protection of confidential information are to be provided for in joint Circulars guiding the
judgment of IPR cases (2002).WT/ACC/VNM/21
Page 34TRIPS Agreement Viet Nam
Enforcement
Authorize judges to order production of evidence
necessary to substantiate a party's claims where thatparty has been unable to obtain such evidence from
the opposing party. Article 43.1.The Ordinance on procedures for judgment of civil cases in 1989 (Article 41.7) has general provisions on the competence
of the Court in compelling parties to commit certain acts.
Detailed provisions on the Court authority to force the partie s to provide the necessary evidences are to be promulgated in
joint Circulars guiding the judgment of IPR cases. (2002).
Authorize judges to enjoin a defendant, except the
Government, from infringing intellectual propertyrights. Article 44.1The Civil Code in 1995 (Article 796.1.c) and Decree 63/CP of 24 October 1996 of the Government on detailed regulations
concerning industrial property (Article 36), as amende d according to Decree 06/2001/ND-CP dated 1 February 2001,
Decree 76/CP (Article 33) of the Government stipulate that the copyright and industrial property right owners have theright to require the competent State authorities, including the Court, to compel the person who infringes their rights to stopthat infringement and compensate for damages.
Detailed provisions on the procedures of enforcement of the right to require the suspension of infringing goods are to be
promulgated in joint Circulars guiding the judgment of IPR cases (2002).
Authorize judges to order the payment of monetary
damages adequate to compensate for the injurydone by the infringement. Article 45.1The Civil Code in 1995 (Article 759 and 796.1.c) and Decree 63/CP of 24 October 1996 of the Government on detailed
regulations concerning industrial property (Article 36), as amended according to Decree 06/2001/ND-CP dated
1 February 2001, Decree 76/CP (Article 33) of the Government stipulate that the copyright and industrial property rightowners have the right to require the competent State authorities, including the Court, to compel the person who infringestheir rights to stop that infringement and compensate for damages.
Article 310 of the Civil Code in 1995 provides for the liability to compensate for material and mental damages. The
liability to compensate for material damages is the liability to make up for actual material losses of the victim. The liabilit y
to compensate for mental damages includes not only liability to cease infringement but also liability to pay pecuniarycompensation to the victim.
Detailed provisions on the procedures of enforcement of the right to require the compensation for damages are to be
promulgated in joint Circulars guiding the judgment of IPR cases (2002).
Authorize judges to order infringer to pay rightholders enforcement costs and recovery of profits
and/or statutory damages. Article 45.2.Article 310 and Article 615 of the Civil Code in 1995 provides for the liability to compensate for material and mental
damages. The liability to compensate for material damages is the liability to make up for actual material losses of the
victim. The liability to compensate for mental damages includes not only liability to cease infringement but also liability to
pay pecuniary compensation to the victim
Detailed provisions on the procedures of enforcement of the right to require the compensation for damages are to be
promulgated in joint Circulars guiding the judgment of IPR cases (2002).
Authorize additional remedies including seizure ofinfringing goods, and the materials and implementsthe predominant use of which is infringement.
Article 46.There has been no detailed provision yet.
Detailed provisions on the additional remedies through the judicial procedures are to be promulgated in joint Circulars
guiding the judgment of IPR cases (2002).WT/ACC/VNM/21
Page 35TRIPS Agreement Viet Nam
Enforcement
Authorize indemnification of defendant, including
attorney's fees in the event of abuse by plaintiffs.Article 48.1.There has been no detailed provision yet.
Detailed provisions authorising judges to order the plaintiff to compensate the defendant the damages in case the plaintiff
abuse the procedures of enforcement are to be promulgated in joint Circulars guiding the judgment of IPR cases (2002).
Exempt public authorities and officials from
liability in connection with the administration of
intellectual property laws only where the actionsare taken or intended in good faith within the scopeof tile relevant authority. Article 48.2.There has been no provision on the exemption of public authorities and officials from legal liability in case their
implementation acts are taken in bad faith.
Relevant provision will be promulgated in new regulations or regulation on amendment or supplement to the existing rules
according to the action plan for WTO accession.
Ensure that administrative remedies conform to theprinciples in the preceding Articles. Article 49.Decree No. 12/1999/ND-CP of the Government of 6 March 1999 on administrative measures against violations in the field
of industrial property and Circular No. 825/2000/TT BKHCNMT dated 3 May 2000 of the Ministry of ScienceTechnology and Environment providing guidelines for the implementation of this Decree provide administrative remedies
applicable to infringement of industrial property.
Decree No.31/2001/ND-CP dated 26 June 2001 provides administrative remedies applicable to infringement of copyright.
- Provisional measures
Authorize judges to grant temporary restraining
orders and provisional relief to preventinfringement and to preserve evidence. Article 50.1.The Ordinance on procedures for judgment of civil cases in 1989 (Article 41) provides that the competent Court is entitled
to impose temporary restraining measure to “prohibit or compel a party to commit certain acts” in order to solve urgentrequests of the party or to preserve evidences.
Article 20 of the Ordinance stipulates that relevant parties are equal in presenting evidence to protect their interests, being
informed about evidence supplied by the other party and responsible for providing evidence and fulfilling requirements ofthe court.
Detailed provisions on the temporary measures are to be promulgated in joint Circulars guiding the judgment of IPR cases
(2002).
Authorize judges to require the complaining partyto indemnify the defending party against harm if thedecision on the merits finds the provisional reliefunjustified. Article 50.3.As for copyright and neighbouring rights, the Ordinance on procedures for judgment of civil cases in 1989 (Article 20)
stipulates that relevant parties are equal in supplying evidence to protect their interests, being informed about evidencesupplied by the other party and responsible for providing evidence and fulfilling requirements of the court
Detailed provisions on the obligations of the plaintiff in indemnifying the defendant against harm in case the provisional
relief unjustified are to be promulgated in joint Circulars guiding the judgement of IPR cases (2002).
Provide for notice, for formal action by the plaintiff
after temporary restraining orders, etc. Article 50.4.The Ordinance 1989 on procedures for judgment of civil cases (Article 41 and 42) provides regulations on notification.WT/ACC/VNM/21
Page 36TRIPS Agreement Viet Nam
Enforcement
- Border measures
Provide for suspension of release by customs
authorities of goods suspected of bearing acounterfeit trademark or of being a piratical
copyrighted work, either at the request of a right
holder. Members are auth orized to extend such
protection to holders of other forms of intellectualproperty. Article 51.The Civil Code in 1995 (Article 796.1.c), Decree 63/CP of October 24, 1996 of the Government on detailed regulations
concerning industrial property (Article 36), the Customs Law (Article 57) provides for temporary seizure of importedgoods, the right holders have the right to require the competen t State authorities, including Customs offices, to compel the
infringer to stop infringement, including the importation of infringing goods.
Detailed provisions on the implementation of these procedures are to be promulgated in joint Circulars on border measures
(2002).
Require right holders initiating border measures toprovide evidence of a prima facie infringement anda description of tile goods sufficient for customs
authorities to recognize them. The right holder must
be notified within a reasonable time is action willbe taken on his behalf. Article 52.Article 58 of the Customs Law stipulates that in order to apply for the temporary suspension of customs clearance
procedures, the intellectual property right owners have to subm it request, proves of their legitimate intellectual property
rights, proves of infringement of their rights.
Detailed provisions on the implementation of these procedures are to be promulgated in joint Circulars on border measures
(2002).
Authorize authorities to require the right holderrequesting border measures to post a bondsufficient to protect the defendant and to preventabuse. Article 53.Article 58.2 of the Customs Law stipulates that in order to apply for temporary suspension of customs clearance, the
intellectual property right owners have to deposit a certain amount of money or guaranteed bonds to ensure compensationfor damages and charges caused by the unjustified request for temporary suspension of customs clearance, according tothe existing law and regulations.
Detailed provisions on the implementation of these procedures are to be promulgated in joint Circulars on border measures
(2002).
Requires prompt notification of the right holder andthe importer when action under Article 51 is taken.Article 54.There has been no detailed provision yet.
Detailed provisions on the implementation of these procedures are to be promulgated in joint Circulars on border measures
(2002).
Requires that customs authorities be notified withina maximum of 20 days of the receipt of notice thatproceedings on the merits have begun or thesuspension is to be revoked. Article 55.The Ordinance on procedures for judgment of administrative violations in 1995 (Article 41) :
The time limit for suspension of release of goods is 15 days.Decree No. 16/CP of the Government for judgment of  administrative violations in customs dated 20 March 1996 (Article
20):
Time limit may be extended for additional 15 days in complicated or foreign-related cases. The Customs agencies are the
competent authorities who make decisions on the merits of the cases under administrative procedures.
Detailed provisions on the implementation of these procedures are to be promulgated in joint Circulars on border measures
(2002).WT/ACC/VNM/21
Page 37TRIPS Agreement Viet Nam
Enforcement
Authorities must be authorized to require the right
holder to compensate the importer or owner of thegoods subject to border measures if goods were
wrongfully detained or if proceedings leading to a
decision on the merits are not begun within tileallotted time. Article 56.The Ordinance on procedures for judgment of administrative violations in 1995:
The Customs Offices are entitled to impose the compensation of damages up to 1 millions VND. The damages over 1
millions VND are compensated through civil proceedings.
Detailed provisions on the authority of imposing compensation of damages of the owner of goods or the importer are to be
promulgated in joint Circulars on border measures (2002).
Right holders must be allowed to inspect thedetained goods in order to substantiate the rightholder's claims. Importers must be given similarauthority. Members may give the right holder thenames and addresses of those involved in the
importation when infringement is found to exist.
Article 57.There has been no detailed provision.
Detailed provisions on the implementation of these procedures are to be promulgated in joint Circulars on border measures
(2002).
Establishes the conditions that must be in place ifcustoms authorities are authorized to act ex officio,including the ability to ask the right holder forinformation at any time; the requirement to notifythe importer promptly of the suspension; and the
requirement that public officials be liable if they act
in bad faith. Article 58.The Ordinance on procedures for judgment of administrative violations in 1995:
The Customs agencies are entitled to seizure or handle illegal imported or exported goods on their initiative.The prevailing laws and regulations do not provide for exemption of public officials in case they act in bad faith.Detailed provisions on such authority and obligation are to be promulgated in joint Circulars on border measures (2002).
Competent authorities must be able to order
destruction or disposal other than by re-export ofinfringing goods where appropriate. Article 59.Decree No. 12/1999/ND-CP of the Government of 6 March 1999 on administrative measures against violations in the field
of industrial property, Circular No. 825/2000/TT BKHCNMT dated 3 May 2000 of the Ministry of Science Technologyand Environment providing guidelines for the implementatio n of the above-mentioned Decree stipulate that competent
authorities are entitled to order destruction or handle infringing goods by other measures.
Detailed provisions not permitting reexport of the infringing goods  in certain cases are to be promulgated in joint Circulars
on border measures (2002).
Members are authorized to except from bordermeasures small quantities of infringing goods of a
non-commercial nature carried in personal luggageor shipped in small consignments. Article 60.Decree 63/CP of October 24, 1996 of the Government on detailed regulations concerning industrial property (Article 34
and 52.1.a), provides that importation of non-commercial purposes shall not be considered infringement of industrial
property rights.
Article 760 of the Civil Code stipulates that the usage for non-business purposes that does not conflict with the normal
exploitation of the works and does not unreasonably prejudice the legitimate interests of the author shall not be consideredinfringement of copyright.WT/ACC/VNM/21
Page 38TRIPS Agreement Viet Nam
Enforcement
- Criminal Procedures
Provide criminal procedures and penalties,
sufficient to act as a deterrent, for wilful trademarkcounterfeiting or copyright piracy on a commercial
scale. Authorizes extension of criminal actions to
other forms of intellectual property whereinfringements are wilful and on a commercial scale.Article 61.The Criminal Code 1999:
- The crime of copyrights infringements (Article 131);
- The crime of producing and trading counterfeiting goods (Article 156);
- The crime of deceiving consumers (Article 162);
- The crime of untruthfully advertising (Article 168);
- The crime of industrial property right infringements (Article 171).
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