THE MINISTRY OF 
SCIENCE AND 
TECHNOLOGY  
-------  THE SOCIALIST REPUBLIC OF VIETNAM  
Independence - Freedom - Happiness  
---------------  
No. 11/2015/TT -BKHCN  Hanoi, June 26, 2015  
  
CIRCULAR  
DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE 
GOVERNMENT’S DECREE  NO. 99/2013/ND -CP OF AUGUST 29, 2013, ON 
SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE FIELD OF 
INDUSTRIAL PROPERTY  
Pursuant to the 2012 Law on Handling of Administrative Violations;  
Pursuant to the 2005 Intellectual Property Law ; and the 2009 Law Amend ing and 
Supplementing a Number of Articles of the Intellectual Property Law  (below 
referred to as the Intellectual Property Law ); 
Pursuant to the Government’s Decree No. 81/2013/ND -CP of July 19, 2013, 
detailing a number of articles of and measures to impl ement the Law on Handling 
of Administrative Violations;  
Pursuant to the Government's Decree No. 99/2013/ND -CP of August 29, 2013, on 
sanctioning of administrative violations in the field of industrial property;  
Pursuant to the Government's Decree No. 103/2 006/ND -CP of September 22, 2006, 
detailing and guiding a number of articles of the Intellectual Property Law  
concerning industrial property; and Decree No. 122/20I0/ND -CP of December 31, 
2010, amending and supplementing a number of articles of Decree No. 
103/2006/ND -CP (below referred to as revised Decree No. 103/2006/ND -CP);  
Pursuant to the Government’s Decree No. 105/2006/ND -CP of September 22. 
2006, detailing and guiding a number of articles of the Intellectual Property Law  
concerning protection of intel lectual property rights and stale management of 
intellectual property; and Decree No. 119/2010/ND -CP of December 30, 2010, 
amending and supplementing a number of articles of Decree No. 105/2006/ND -CP 
(below referred to as revised Decree No. 105/2006/ ND -CP); 
Pursuant to the Government’s Decree No. 20/2013/ND -CP of February 26, 2013, 
defining the functions, tasks, powers and organizational structure of the Ministry of 
Science and Technology;  2 
 
At the proposal of the Chief Inspector and the Director of the Lega l Department,  
The Minister of Science and Technology details and guides a number of articles of 
the Government s Decree No. 99/2013/ND -CP of August 29, 2013, on sanctioning 
of administrative violations ill the field of industrial property.  
 
Chapter I  
GENER AL PROVISIONS  
Article 1.  Scope of regulation and subjects of application  
1. Scope of regulation:  
This Circular details and guides a number of articles of the Government’s Decree 
No. 99/2013/ND -CP of August 29, 2013, on sanctioning of administrative 
violati ons in the field of industrial property (below referred to as Decree No. 
99/2013/ND -CP). 
2. Subjects of application:  
a/ Organizations and individuals that commit administrative violations in the field 
of industrial property;  
b/ Organizations and individual s that are competent to sanction administrative 
violations in the field of industrial property;  
c/ Other subjects involved in the handling of administrative violations in the field 
of industrial property.  
Article 2.  Subjects to be sanctioned for administra tive violations  
1. Individuals that commit administrative violations in the field of industrial 
property, including:  
a/ Vietnamese citizens or foreigners;  
b/ Business households established and operating in accordance with the law on 
business registration.  3 
 
2. Organizations that commit administrative violations in the field of industrial 
property, including:  
a/ Public non -business units, political organizations, socio -political organizations, 
socio -political -professional organizations, social organizations, and socio -
professional organizations;  
b/ Economic organizations established in accordance with the Law on Enterprises, 
including private enterprises, joint -stock companies, limited liability companies 
and partnerships;  
c/ Economic organizations established  in accordance with the Law on 
Cooperatives, including cooperatives and unions of cooperatives;  
d/ Economic organizations established in accordance with the Law on Investment;  
dd/ Other lawfully established organizations.  
Article 3.  Additional sanctions  
Confiscation of material evidence and means used for commission of 
administrative violations specified at Point a, Clause 2, Article 3, and Point a, 
Clause 12, Article 12, of Decree No. 99/2013/ND -CP, shall be applied to violations 
due to intentional fault w hen: 
1. It is necessary to prevent material evidence and means used for commission of 
violations from being destroyed or dispersed or having their state changed, or to 
minimize the possibility of subsequent violations.  
2. The goods cannot help identify the  violators.  
Article 4.  Remedies  
1. Remedies specified at Point a, Clause 3, Article 3 of Decree No. 99/2013/ND -CP 
shall be taken as follows:  
a/ Forcible removal of infringing elements shall be applied to material evidence and 
means used for commission of v iolations which are products, goods, signboards, 
means of business, and transaction documents bearing signs of infringement upon 
industrial property rights or misleading trade indications.  4 
 
One or more than one method, such as detachment, disassembly, cut -off, erasure, 
abrasion or other appropriate measures, may be used to remove infringing elements 
from material evidence and means used for commission of violations;  
b/ Forcible change of information in domain name or return of domain name shall 
be applied to  cases where the requester for infringement handling and the party 
requested to be handled for infringements cannot reach agreement under Clause 2, 
Article 27 of Decree No. 99/2013/ND -CP and the latter fails to terminate its act of 
registering, appropriati ng the domain name use right or using an infringing domain 
name;  
c/ Forcible change of enterprise name or removal of infringing elements from 
enterprise name shall be applied to cases where the party requested to be handled 
for infringements fail to termin ate its act of using an infringing enterprise name or 
fails to carry out procedures for changing an infringing enterprise name according 
to the notice of the business registry office or the agreement between the parties.  
2. Forcible destruction of goods, m aterial evidence and means used for commission 
of violations prescribed at Point d, Clause 3, Article 3 of Decree No. 99/2013/ND -
CP shall be applied to:  
a/ Goods bearing counterfeit marks or geographical indications; raw mater ials, 
materials and means used  mainly  for manufacture and trading of goods bearing 
counterfeit marks or geographical indications; stamps, labels and articles bearing 
counterfeit marks or geographical indications; stamps, labels and articles 
containing infringing elements;  
b/ Goods whic h are no longer usable;  
c/ Goods which are harmful to health of humans, livestock, plants and the 
environment;  
d/ Goods from which infringing elements cannot be removed or from which the 
removal of infringing elements cannot lead to the thorough prevention  of infringing 
acts or will render the application of other remedies impossible.  
3. For infringing goods, raw materials, ma terials and means used main ly for 
manufacture of infringing goods, material evidence and means used for 
commission of violations, com petent agencies shall base themselves on properties 
and characteristics of goods and specific circumstances and conditions of the cases 
to decide on appropriate handling measures after consulting rights holders, 5 
 
requesters for infringement handling and the  involved organizations and 
individuals.  
After infringers remove infringing elements from goods, infringement handling 
agencies may:  
a/ Allow infringers to use infringing goods, raw materials and materials as 
materials for manufacture of other goods or to distribute or use them for non -profit 
purposes without affecting rights holders’ ability to exploit them, prioritizing 
humanitarian, charity or social service purposes; or,  
b/ Auction infringing goods, raw materials and materials and pay proceeds into 
public funds or apply other measures as requested or agreed upon by the involved 
parties under Clause 4, Article 29 of revised Decree 105/2006/ND -CP. 
4. Forcible payment of illicit profit amounts earned through the commission of 
administrative violations speci fied at Point h, Clause 3, Article 3 of Decree No. 
99/2013/ND - CP shall be applied when there are valid invoices and documents 
proving that infringements were committed (stating the volume and value of 
infringing goods) and infringing goods were detected u p to the time of inspection 
and examination.  
Procedures for paying illicit profit amounts into the State Treasury are similar to 
those for paying fines under administrative sanctioning decisions. In case agencies 
with infringement handling competence have accounts for temporary collection 
opened at the State Treasury, these illicit profit amounts shall be paid into such 
accounts. Periodically, agencies with infringement handling competence shall remit 
such amounts into the State Treasury in accordance with law. 
5. Violators shall bear all expenses for the application of the remedies under Article 
85 of the Law on Handling of Administrative Violations.  
Article 5.  Valuation of infringing goods and services under Article 4 of Decree No. 
99/2013/ND -CP 
1. The tot al value of infringing goods and services at the time of commission of an 
administrative violation prescribed in Chapter II of Decree No. 99/2013/ND -CP 
shall be determined according to the following formula:  
Total value of infringing goods and services is (=) the quantity of infringing goods 
or volume of infringing services multiplied by (x) the unit price of infringing goods 
or services at the time of commission of the administrative violation.  6 
 
2. The valuation of infringing goods and services must comply with Clause 1, 
Article 4 of Decree No. 99/2013/ND -CP. 
Where there are grounds to believe that listed prices or prices stated in contracts or 
sale and purchase invoices or import declarations specified at Point a, Clause 1, 
Article 4 of Decree No. 99/2013/N D-CP are untruthful, competent agencies shall 
apply the prices in the priority order prescribed at Points b and c, Clause 1, Article 
4 of Decree No. 99/2013/ND -CP. 
3. In case there are no grounds for application of Clause 2 of this Article, the 
competent p erson handling the case may issue a decision on temporary seizure of 
material evidence of infringements and set up a valuation council under Clause 3, 
Article 4 of Decree No. 99/2013/ ND -CP. 
4. In case at the time of inspection, no material evidence being infringing goods or 
services is detected to serve as a basis for determination of sanctions and 
sanctioning competence but there is evidence that some organization or individual 
has committed the infringement and the statute of limitations for sanctioning has 
not expired, the competent agency shall apply Clause 14, Article 11; Clause 11, 
Article 12; and Clause 14, Article 14, of Decree No. 99/2013/ND -CP for 
sanctioning the infringement.  
Article 6.  Determination of illicit profit amounts earned through the c ommission of 
administrative violations  
1. Illicit profit amounts earned through the commission of administrative violations 
are benefits earned through committing such administrative violations, including:  
a/ Money;  
b/ Valuable papers;  
c/ Other assets.  
2. Determination of illicit monetary profit amounts:  
a/ The monetary amount earned by a infringer through committing an 
administrative violation in the field of industrial property is (=) the quantity of 
goods or volume of services illegally transferred, sold , dispersed or destroyed 
multiplied by (x) the unit price.  7 
 
The quantity of goods or volume of services provided shall be determined on the 
basis of declaration by the infringer and inspection and verification by the 
competent person.  
The unit price shall b e determined on the basis of dossiers and documents of the 
infringer or the market price of similar goods or services.  
In case the quantity, volume and unit price cannot be determined, the illicit profit 
amount is total money amounts earned by the infringe r from the infringement.  
b/ In case of illegal transfer, sale, dispersal or destruction of banned, smuggled or 
counterfeit goods or provision of services subject to conditional business, the 
money amount earned by the infringer is (=) the quantity of goods  or volume of 
services illegally transferred, sold, dispersed or destroyed multiplied by (x) the unit 
price.  
c/ In addition to goods and services specified at Point b of this Clause, in case of 
illegal transfer, sale, dispersal or destruction of other good s or services, the money 
amount earned by the infringer is (=) the quantity of goods or volume of services 
illegally transferred, sold, dispersed or destroyed multiplied by (x) the unit price 
minus ( -) direct costs of such goods or services (if the infring er has sufficient 
dossiers and documents to prove the legality and validity of such costs).  
3. In case there are no grounds for determination of illicit monetary profit amounts 
under Clause 2 of this Article, illicit profit amounts shall be determined to b e 
valuable papers or other assets.  
Illicit profit amounts being valuable papers or other assets shall be determined 
under the the Ministry of Finance’s guidance on illicit profit amounts earned 
through the commission of administrative violations for paymen t into the state 
budget.  
Chapter II  
INFRINGEMENTS SUBJECT TO ADMINISTRATIVE SANCTION   
Section 1. INFRINGEMENTS OF REGULATIONS ON MANAGEMENT OF 
INDUSTRIAL PROPERTY ACTIVITIES  
Article 7.  Infringements of provisions on indications of industrial properly right s 
protection in Article 6 of Decree No. 99/2013/ND -CP 8 
 
1. Act of false indication of legal status specified at Point b, Clause 1, Article 6 of 
Decree No. 99/2013/ND -CP shall be understood as the use of indicative 
information misleading that a subject enjoys  the industrial property rights 
protection in Vietnam though he/she/it is not or has not been eligible for protection, 
including the case where he/she/it has filed a registration application but is not yet 
granted a protection title or his/her/its protecti on title has been revoked or 
invalidated, or the term of protection has expired, for example:  
a/ Printing on his/her/its products, goods, goods packages, means of business or 
means of services an indication misleading that such products, goods or services 
bear protected marks, such as “mark registered for protection,” “protected mark,” 
“mark under exclusive right of...,” including the use of the symbol ® (indicating 
that a mark has been granted a mark registration certificate);  
b/ Printing on his/her/its pr oducts, goods, product or goods packages an indication 
misleading that such products or goods are under patent or industrial design 
protection, such as “product/goods is under industrial design protection,” 
“product/goods is under patent,” “product is manu factured from the patented 
process of...,” including the use of the symbol “P” or the word “Patent” together 
with numbers (indicating that a product has been patented).  
2. Act of false indication or failure to provide an indication of goods manufactured 
under an industrial property licensing contract under Point c, Clause 1, Article 6 of 
Decree No. 99/2013/ ND -CP shall be understood as:  
a/ Act of false indication means an act of inscribing on goods the phrase 
“manufactured under the industrial property lice nsing contract of...” or an 
indication of similar meaning, regardless of whether it is in Vietnamese or a foreign 
language, while the manufacturer has not yet been lawfully licensed to use the 
industrial property subject matter;  
b/ Act of failure to provid e an indication means an act of failing to inscribe on 
goods or goods packages an indication that such goods are manufactured under a 
mark licensing contract.  
Article 8.  Infringements of provisions on industrial property representation in 
Article 7 of Decr ee No. 99/2013/ND -CP 
1. Act of concurrently acting as representatives for industrial property rights 
disputing parties prescribed at Point a, Clause 2, Article 7 of Decree No. 
99/2013/ND -CP shall be understood as either of the following:  9 
 
a/ Providing one o r more than one service of industrial property representation 
specified in Clause 1, Article 151 of the Intellectual Property Law  to both the 
requester for handling and the party requested to be handled for an infringement 
upon industrial property rights i n the same case;  
b/ Providing one or more than one service of industrial property representation 
specified in Clause 1, Article 151 of the Intellectual Property Law  to the party 
carrying out procedures for opposing, requesting revocation or invalidation of  the 
protection title or handling the infringement while representing the protection title 
applicant or holder in carrying out procedures for establishing, enforcing or 
protecting industrial property rights in the same case.  
2. Act of intentionally obstruc ting the establishment, enforcement and protection of 
industrial property rights, causing damage to persons with related rights and 
interests specified at Point h, Clause 2, Article 7 of Decree No. 99/2013/ND -CP 
shall be understood as one of the following:  
a/ Intentionally delaying the filing of an industrial property registration application 
or a request for infringement handling and other documents in the course of 
establishment, enforcement and protection of industrial property rights of the 
represented party without plausible reason;  
b/ Providing untruthful information on the legal status of a protection title, an 
industrial property registration application or a request for infringement handling 
and other documents in the course of establishment, enforc ement and protection of 
industrial property rights, affecting the lawful rights and interests of the title holder;  
c/ Filing groundless petitions or complaints related to the establishment and 
protection of industrial property rights in order to prolong th e process of settlement 
by competent agencies, causing material and spiritual damage to persons with 
related rights and interests;  
d/ Failing to perform or improperly performing the obligations of industrial 
property representatives.  
3. Serious errors or i nfringements committed by industrial property representatives 
while practicing representation which cause damage to the interests of the State or 
society prescribed at Point b, Clause 4, Article 7 of Decree No. 99/2013/ND -CP 
shall be understood as one of t he following:  
a/ Registering a confidential invention overseas without permission of a competent 
agency;  10 
 
b/ Disclosing information and documents not yet permitted for disclosure or 
information classified as state secret in the course of providing the servi ce of 
industrial property representation;  
c/ Renting or leasing an industrial property representation service practice 
certificate.  
Article 9.  Infringements of provisions on industrial property examination in Article 
8 of Decree No. 99/2013/ND -CP 
1. Act of  disclosing information obtained while conducting examination without 
permission of related parties prescribed at Point b, Clause 3, Article 8 of Decree 
No. 99/2013/ND -CP shall be understood as either of the following:  
a/ Disclosing confidential informatio n or documents provided by an industrial 
property examination -soliciting competent agency or a requester for industrial 
property examination and related to a case in question;  
b/ Disclosing information or documents not yet permitted for disclosure or 
infor mation classified as state secret or trade  secret provided by a competent 
agency or a requester for examination, for the examination.  
2. Act of taking advantage of the examiner status and examination activities for 
self- seeking purposes prescribed at Poin t a, Clause 4, Article 8 of Decree No. 
99/2013/ND -CP shall be understood as either of the following:  
a/ Taking advantage of the status of an examination organization or examiner or the 
participation in examination activities to influence involved organizat ions and 
individuals in order to earn illicit profits;  
b/ Conducting activities outside areas of examination stated in the business 
registration certificate or operation registration certificate in order to earn illicit 
profits.  
3. Act of intentionally mak ing untruthful examination conclusions prescribed at 
Point b, Clause 4, Article 8 of Decree No. 99/2013/ND -CP shall be understood as 
an act of intentionally making groundless examination conclusions not based on the 
information and documents provided for t he examination.  
Section 2. ACTS  OF INFRINGING UPON INDUSTRIAL PROPERTY 
RIGHTS  
Article 10.  Acts of infringing upon industrial property rights on the Internet  11 
 
1. Acts regarded as satisfying the conditions prescribed in Clauses 1, 2 and 3, 
Article 5 of revise d Decree No. 105/2006/ND -CP and committed on the Internet 
against consumers or information users in Vietnam shall also be concluded as acts 
infringing upon industrial property rights and be administratively sanctioned under 
Articles 10, 11 and 12 of Decree  No. 99/2013/ND -CP. 
2. Owners of national domain names that hire other organizations and individuals 
to commit acts mentioned in Clause 1 of this Article shall also be regarded as 
having committed acts infringing upon industrial property rights and be sanctioned 
under Articles 10, 11 and 12 of Decree No. 99/2013/ND -CP. 
Article 11.  Acts infringing upon rights to inventions  
The identification of acts infringing upon rights to inventions must comply with 
Articles 5 and 8 of revised Decree No. 105/2006/ND -CP an d the following 
guidance:  
1. A product/product part/process in question shall be regarded as identical or 
similar to a protected product/product part/process in a certain (independent and 
dependent) point of the protection request in an invention patent/ut ility solution 
patent if all basic technical specifications (features) stated in that point can be 
found in the product/product part/process in question in the identical or similar 
form, in which:  
a/ Two technical specifications (features) are regarded as identical if they have the 
same nature, utility and method of utilization and share the same connection with 
other specifications stated in the protection request;  
b/ Two technical specifications (features) are regarded as similar if they have 
similar or i nterchangeable natures and basically the same utility and method of 
utilization.  
2. If a product/product part/process in question does not contain at least one basic 
technical specification (feature) stated in a certain point of the protection request, it 
shall be regarded as neither identical nor similar to any product/product 
part/process protected under that point.  
Article 12.  Acts infringing upon rights to industrial designs  
The identification of acts infringing upon rights to industrial designs must co mply 
with Articles 5 and 10 of revised Decree No. 105/2006/ND -CPand the following 
guidance:  12 
 
1. A product/product part in question shall be regarded as a replication of a 
protected industrial design if it has a combination of visual shaping (external 
appear ance) features incorporating all functional and non -functional shaping 
features of the protected industrial design.  
2. A product/product part in question shall be substantially regarded as a replication 
of a protected industrial design if it has a combinat ion of visual shaping (external 
appearance) features incorporating all functional shaping features of the protected 
industrial design and they are different from each other only in their shaping 
features that are not easily identified and remembered.  
3. In case visual shaping features of a product/product part as a whole are regarded 
as a replication or substantially a replication of the combination of visual shaping 
features of at least one product in the set of products under a protected industrial 
design , the case shall also be regarded as an infringement upon rights to the 
industrial design.  
4. Functional shaping features of a protected industrial design shall be understood 
as shaping features that can be easily identified or remembered and used to 
distinguish an industrial design as a whole from another. Functional shaping 
features may be configuration, pattern and correlation between configuration and/or 
pattern features, and color features identified on the basis of the set of 
photos/drawings enclosed with the industrial design patent.  
Article 13.  Acts infringing upon rights to marks  
The identification of acts infringing upon rights to marks must comply with 
Articles 5 and 11 of revised Decree No. 105/2006/ND -CP and the following 
guidance:  
1. Grounds fo r assessing confusability of a sign with a protected mark include:  
a/ Scope of protection in whole and in each component of the mark; similarity 
between the sign and the mark in whole and in distinctive components, especially 
those making strong impression  on consumers;  
b/ Relevance of the goods or service by function, utility or composition; practice 
and custom of sale, purchase, distribution, selection and use of the goods or 
service; conditions, methods and places of display, distribution, marketing, 
promotion and sale and purchase of the goods or service;  13 
 
c/ Characteristics and level of attention of consumers when selecting, purchasing 
and selling the goods or service;  
d/ Other criteria such as practical use and protection of similar marks for the same 
goods; effect of other elements suggestive of the relation between the goods or 
service in question and the protected goods or service;  
dd/ Evidence of consumer confusion consequences may be used to support the 
assessment of confusability of the use of the sign but does not constitute a 
compulsory condition for making a conclusion on confusability of the use of the 
sign.  
2. Identification of elements infringing upon rights to marks:  
a/ In case of use of a sign identical to a mark for a goods or service ident ical to that 
stated in a mark registration certificate or certificate of internationally registered 
mark protectable in Vietnam or the Official Gazette of international registration of 
marks of the World Intellectual Property Organization, it is unnecessar y to examine 
the possibility of consumer confusion about the goods or service bearing the mark;  
b/ In case of use of a sign identical to a mark for a similar or relevant goods or 
service; use of a sign similar to a mark for a goods or service identical or similar or 
relevant to that on the list of goods and services bearing marks as stated in a mark 
registration certificate or certificate of internationally registered mark protectable in 
Vietnam or the Official Gazette of international registration of marks  of the World 
Intellectual Property Organization, it is necessary to examine the possibility of 
consumer confusion about the goods or service bearing the mark.  
3. Identification of elements infringing upon rights to well -known marks:  
a/ In case of use of a  sign identical or similar to a well -known mark or sign in the 
form of definition or transcription from a well -known mark for any goods or 
service, including also goods or service neither identical nor similar nor relevant to 
that on the list of goods and services bearing well -known marks, it is necessary to 
examine the possibility of confusion about the origin of goods or service or the 
relation between the user of such sign and the owner of the well -known mark;  
b/ In case the use of a sign identical or si milar to a well -known mark specified at 
Point a. Clause 3 of this Article cannot cause a confusion about the origin of a 
goods or service but causes a misleading impression on consumers about the 
relation between the user of such sign and the owner of the well-known mark, it 
shall also be regarded as an act infringing upon industrial property rights;  14 
 
c/ When filing a request for handling of an infringement against a well -known 
mark, a rights holder shall provide evidence that such mark is well known in 
Vietnam according to the criteria prescribed in Article 75 of the Intellectual 
Property Law , regardless of whether or not it has been registered for protection in 
Vietnam;  
d/ Before deciding to carry out procedures for handling the infringement, the 
agency com petent to handle infringements shall base itself on the criteria 
prescribed in Article 75 of the Intellectual Property Law  to consider whether or not 
a mark is well known in Vietnam. It may exchange professional opinions with the 
National Office of Intelle ctual Property and/or consult an advisory council.  
In case a well -known mark in Vietnam is recognized according to the civil 
procedures or under a recognition decision of the National Office of Intellectual 
Property, the infringement - handling agency may b ase itself on relevant documents 
to consider the recognition of the mark regarded as well -known in Vietnam if the 
recognition of well -known marks by the above -said agencies at the time of 
infringement handling request is still appropriate.  
Article 14.  Acts infringing upon rights to trade names  
The identification of acts infringing upon rights to trade names must comply with 
Articles 5 and 13 of revised Decree No. 105/2006/ND -CP and the following 
guidance:  
1. The ground for examining elements infringing upon  rights to a trade name is the 
protection scope of such trade name determined on the basis of evidence of lawful 
use of such trade name, indicating business subjects, business establishments, 
business activities and products or services bearing the trade n ame, specifically as 
follows:  
a/ Evidence that the trade name is used at the place of business (for example, at the 
place where there are customers or business partners or where exists reputation 
through advertising, marketing or distribution) in a lawful business sector (stated in 
the business household registration certificate, enterprise registration certificate, 
investment registration certificate, certificate of eligibility for business operation 
for conditional business sectors or lines, tax identific ation number registration and 
articles of incorporation registered with competent agencies, or other papers of 
legal validity);  
b/ Time of starting the use and use course: The trade name has been known by 
business partners and customers through goods, serv ices and business activities (for 15 
 
example, the trade name is used on goods, sale and purchase contracts, goods 
orders, business transaction documents, advertising leaflets, customs declarations, 
tax payment documents and other transaction documents).  
2. Bu siness household registration certificate, enterprise registration certificate, 
investment registration certificate, certificate of eligibility for business operation, 
tax identification number registration and articles of incorporation are regarded as 
evidence proving the lawfulness of business activities conducted under the trade 
name. The name of a business establishment or an enterprise stated in the above 
papers may only be regarde d as a trade name when there are  documents proving 
that the name of the business establishment or enterprise is used in practical lawful 
business activities and satisfies the protection conditions prescribed in Articles 
76,77 and 78 of the Intellectual Property Law . 
3. In case the use of a mark, an industrial design, a trade n ame or a geographical 
indication causes a conflict and leads to a dispute, the settlement of such conflict 
and dispute must comply with Article 6 of the Intellectual Property Law , Article 17 
of revised Decree No. 103/2006/ ND -CP, Article 27 of Decree No. 9 9/2013/ND -
CP, and the following specific guidance:  
a/ Based on documents and evidence proving the time of arising or establishment of 
rights on the principle that the right to a subject matter which arises or is 
established earlier shall be protected.  
In case related parties all have evidence proving that their rights arise or are 
established lawfully, they may exercise their rights within the scope and term of 
protection and the exercise of their rights does not infringe upon the interests of the 
State, pu blic interests, lawful rights and interests of other organizations and 
individuals and does not violate other relevant laws;  
b/ Based on the protection title, certificate or  written certification of the competent 
agency and relevant documents, contents of the contract or lawful agreement 
between the parties, the scope of protection of the subject  matter concurrently 
protect able as different intellectual property subject matters shall be determined;  
c/ In case the trade name or mark bearing a geographical na me is used b efore a 
protection certificate  is granted for a geographical indication or mark bearing the 
same geographical name and these subject matters satisfy the protection conditions 
prescribed by law, the  bona fide use of such subject matters shall no t be regarded as 
an infringing act under Points g and h, Clause 2, Article 125 of the Intellectual 
Property Law . 16 
 
4. In case the concurrent use of the subject matters specified at Point c of this 
Clause affects rights and interests of third parties, consume rs and society and there 
is a request for infringement handling, the agency with infringement handling 
competence shall request related parties to reach agreement and record in writing 
the agreed conditions and method of use of such subject matters accordi ng to the 
procedures prescribed in Clause 2, Article 27 of Decree No. 99/2013/ ND -CP. Any 
party that continues the use which is regarded as an infringement upon of industrial 
property rights of other parties and does not join the agreement or fails to prop erly 
implement the recorded agreement shall be further sanctioned by the agency with 
infringement handling competence according to the procedures prescribed in 
Decree No. 99/2013/ND -CP. 
Article 15.  Acts infringing upon rights to geographical indications  
The identification of acts infringing upon rights to geographical indications must 
comply with Articles 5 and 12 of revised Decree No. 105/2006/ND -CPand the 
following guidance:  
1. The ground for assessing the confusability of a sign with a geographical 
indic ation may be applied in an appropriate manner like the ground for assessing 
the confusability of a sign with a protected mark.  
2. Infringing products and goods may be:  
a/ Products of the same type bearing a sign identical to a geographical indication 
and m anufactured in a locality in the region bearing the protected geographical 
indication but not satisfying the condition of particular quality under such 
geographical indication;  
b/ Products of the same type bearing a sign identical or similar to a geographi cal 
indication but not manufactured in a locality in the region bearing the protected 
geographical indication, even if such products have equal quality specifications and 
product manufacturing and management process;  
c/ Products of the same type bearing a sign identical or similar to a geographical 
indication, manufactured in a locality in the region bearing the protected 
geographical indication, and satisfying the condition of particular quality, but their 
manufacturer is not permitted by the organization managing such geographical 
indication to use it;  
d/ Similar products bearing a sign identical or similar to a geographical indication 
for the purpose of taking advantage of the popularity and reputation of such 17 
 
geographical indication and/or misleading as to their geographical origin, 
regardless of whether or not their place of manufacture is located in the region 
bearing the protected geographical indication.  
Article 16.  Acts infringing upon stamps, labels and articles  
1. Infringing acts prescribed in Arti cle 13 of Decree No. 99/2013/ND -CP shall be 
applied in case where an organization or individual detects a stamp, label or article 
bearing a counterfeit mark or geographical indication not yet affixed on products 
and has sufficient grounds to believe that s uch stamp, label or article will be affixed 
on products to be marketed (for example, through a purchase and sale contract, 
printing contract, written declaration with a competent agency, package sample or 
product sample affixed with fringing stamp, label o r article and currently in 
storage, transportation or on display for sale).  
2. Other stamps, labels and articles specified in Article 13 of Decree No. 
99/2013/ND -CP refer to stamps of all kinds of manufacturers, distributors and 
importers to be affixed on products, including quality control stamps containing 
infringing elements; goods labels; decals; product packages; product parts which 
can be detached but cannot be independently circulated, on which counterfeit 
marks or geographical indications are printe d, molded or embossed.  
Article 17.  Transit of goods infringing upon industrial property rights  
Competent agencies shall handle acts of transiting goods infringing upon industrial 
property rights in case industrial property rights holders have sufficient gr ounds to 
prove such transited goods cause damage to them or to consumers in Vietnam.  
Article 18.  Parallel importation  
1. Parallel importation prescribed in Clause 2, Article 26 of Decree 99/201 3/ND -
CP means the importation by  an organization or individual  of a product  which has 
been lawfully launched on the domestic or overseas  market  by its owner or the 
organization or individual with licensed  use right , including the case of compulsory 
licensing, or a person with the right to prior use of industrial prope rty subject 
matter , without permission of the industrial property  right holder . 
2. Parallel importation by organizations and individuals shall not be regarded as an 
infringement upon industrial property rights and parallel importers shall not be 
administra tively sanctioned.  
Article 19.  Unfair competition in the field of industrial property  18 
 
1. Act of using misleading trade indications:  
a/ A rights holder that may request handling of the act of using a misleading trade 
indication is a business entity that has  made prior use of a trade indication specified 
in Clause 2, Article 130 of the Intellectual Property Law  in a public and stable 
manner in its lawful business activities in Vietnam and  being known to consumers 
about the reputation of business entities and goods or services bearing such trade 
indications.  
b/ Trade indications specified in Clause 2, Article 130 of the Intellectual Property 
Law include industrial property subject matters (marks, trade names and 
geographical indications) and the following subje ct matters:  
- “Goods labels ”, which are scripts, prints, drawings or photos of letters, pictures or 
images stuck, printed, attached, molded, carved or engraved directly on goods or 
commercial packages of goods or on other materials to be affixed on goods o r 
commercial packages of goods.  
- “Business mottos ”, which are groups of words appearing beside enterprise names 
or marks  affixed on products of enterprises to emphasize business purposes or 
guidelines of enterprises or customers targeted by such products.  
- “Business symbols ”, which are signs, letters, figures or configurations uniquely 
designed and used as symbols of enterprises in their business activities.  
- “Package designs ”, which are designs and decorations of goods packages, 
including shapes, patter ns, figures, letters, numbers, colors, presentations, blending 
of colors, arrangements and combination of these elements to create a particular 
impression or typical feature of goods packages.  
c/ A misleading trade indication is a trade indication containi ng signs (components, 
presentation, combination of elements, colors, overall impression on consumers) 
identical or confusingly similar to a corresponding trade indication of the rights 
holder requesting handling of an act of unfair competition used for ide ntical or 
similar goods or services.  
The use of such an indication aims to mislead consumers as to the business entity, 
business activities, commercial origin of goods or services, geographical origin, 
manufacturing method, function, quality, quantity or o ther features of goods or 
services or conditions of goods or service provision.  19 
 
d/ A requester for handling of an act of unfair competition in using a misleading 
trade indication shall provide evidence to prove that:  
- The business entity has used the trad e indication in a public and stable manner to 
the knowledge of many consumers in Vietnam, which may include information on 
advertising, marketing, display and exhibition; sale turnover; number of products 
sold; system of distribution agents, joint ventures  and associated parties; investment 
scale; appraisal by state agencies, the mass media, selection by consumers, and 
other information showing the reputation of the business entity associated with the 
trade indication in its business activities in Vietnam;  
- The party requested to be handled has used the misleading trade indication on 
goods, goods packages, means of business, means of services or means of 
advertising.  
2. Act of registering, appropriating  the domain name use right or using domain 
names:  
a/ A party that may request handling of an act of registering, appropriating  the 
domain name us e right or using domain names is the owner of a mark, geographical 
indication or trade name and has used the subject matter in a public and stable 
manner in its lawfu l business activities and  has its reputation as an industrial 
property rights holder and goods or services bearing such mark, geographical 
indication or trade name  known to the Vietnamese consumers in the related fields ; 
b/ Act of registering, appropriatin g the domain name use right or using domain 
names shall be regarded as an act of unfair competition in industrial property, 
except for domain names already distributed through auction or contest for 
selection under Point a. Clause 2, Article 48 of the Law on Telecommunications, 
falling in either of the following cases:  
- Using Vietnamese national domain names “.vn” with sequences of characters 
identical or confusingly similar to marks, trade names or geographical indications 
currently protected or widely us ed for advertising, introduction of products, offer 
for sale , sale  of identical, similar or related goods or services on websites which 
such domain names direct to; causing a confusion about and taking advantage or 
causing damage to the reputation of or ma terial damage to owners of such marks, 
trade names or geographical indications; or,  
- Registering or appropriating  the right to use Vietnamese national domain names 
“.vn” with sequences of characters identical to reputable or well -known marks, 
trade names or geographical indications in Vietnam, while there are grounds to 20 
 
believe that organizations or individuals register or appropriate the domain name 
use right only for resale to earn profits or to prevent owners of such protected 
marks, trade names or geog raphical indications from registering domain names.  
c/ The party requesting handling of the act of registering, appropriating domain 
name use right or using a domain name regarded as an act of unfair competition in 
industrial property shall provide the fol lowing evidence to prove that:  
- The rights holder  has used the mark, geographical indication or trade name in a 
public and stable manner and has its reputation as an industrial property rights 
holder and goods or services bearing such mark, geographical i ndication or trade 
name (possibly information on advertising, marketing, exhibition; sale turnover; 
number of products sold; system of distribution agents, joint ventures and 
associated parties; investment scale; appraisal by state agencies, the mass media , 
selection by consumers, and other information showing the reputation of the 
business entity; goods or services bearing such mark, geographical indication or 
trade name ) known to consumers in Vietnam . 
- For the act of using a domain name regarded as an ac t of unfair competition in 
industrial property: The requesting party shall prove that the party requested to be 
handled has used the domain name on the Internet for advertising or introducing 
products, offering for sale identical, similar or related goods or services, causing 
damage to the reputation of or material damage to the owner of the protected mark, 
trade name or geographical indication; and the party requested to be handled 
continues to use the misleading mark, trade name or geographical indication  
through such domain name after being requested by the mark, trade name or 
geographical indication owner to stop using it.  
For the act of registering or appropriating the domain name use right regarded as an 
act of unfair competition in industrial property : The requesting party shall prove 
that the party requested to be handled has registered but has not used the domain 
containing characters identical to a mark, trade name or geographical indication 
widely used and rep utable in Vietnam; and there are  ground s to believe that the 
party requested to be handled registers or appropriates  the domain name use right 
only for resale to earn profits or to prevent the owner of the protected mark, trade 
name or geographical indication from registering a domain name;  
- The party requested to be handled has no lawful rights to and interests from 
protected marks, geographical indications and trade names of the rights holder.  
Article 20.  Reuse, repair, recycling of products and product packages  21 
 
The reuse, repair or recycling  by organizations or individuals of products or 
product packages bearing marks, trade names or geographical indications marketed 
by rights holders to create other products shall also be regarded as an act of 
infringing upon industrial property rights or an  act of unfair competition in case 
such act misleads consumers as to the commercial origin of products, business 
entity, business activities or properties of products under relevant provisions on 
acts infringing upon industrial property rights and acts of unfair competition.  
This provision does not apply in case where products bear an explicit notification 
that products and product packages are reused, repaired or recycled and have no 
signs which may mislead consumers as to the commercial origin of products , 
business entity, business activities or properties of products under relevant 
provisions on acts infringing upon industrial property rights and acts of unfair 
competition.  
Article 21.  Means of business  
Means of business specified in Clause 15, Article 11 , and at Point b, Clause 15, 
Article 14, of Decree No. 99/2013/ND -CP shall be understood as any means 
bearing or containing a protected industrial property subject matter or trade 
indication and used to serve business activities (for example, websites, int roduction 
documents, name cards, means of transport and utensils and decorations in business 
establishments).  
Chapter III  
INFRINGEMENT HANDLING PROCEDURES  
Article 22.  Power of attorney for requesting infringement handling  
When being attached to a written r equest for infringement handling, a power of 
attorney for requesting infringement handling must satisfy the conditions 
prescribed in Article 23 of Decree No. 99/2013/ND -CP, with attention paid to the 
following cases:  
1. In case the original power of attorn ey containing the authorization for carrying 
out procedures to protect industrial property rights has been filed in the previous 
dossier with the same infringement handling agency, the rights holder shall submit 
a copy of the power of attorney directing to  the original.  
2. In case the original power of attorney containing the authorization for carrying 
out procedures to protect industrial property rights has been filed with the National 22 
 
Office of Intellectual Property or another competent agency, the rights  holder shall 
submit a copy of the power of attorney certified by the agency keeping the original.  
Article 23. Requests for infringement handling  
1. Requests for infringement handling must satisfy the conditions prescribed in 
Article 24 of Decree No. 99/20 13/ND -CP. 
2. Documents and evidence attached to a request:  
a/ Copies of written certifications, protection titles , certificates and other 
documents shall be considered val id if the rights holder show  the originals for 
comparison or copies authenticated by a competent agency or copies certified by 
agencies granting the originals. The officer receiving the dossier shall sign for 
certification on copies already compared with the originals without requiring 
certification by notaries public or agencies that have  granted such certificates ; 
b/ An explanatory report of the rights holder (on turnover, reputation, advertising, 
evidence on the wide usage , copies of ce rtificates and protection titles  in other 
countries) provided to the infringement handling agency shall  be considered valid if 
there is a commitment to bear the legal responsibility for contents and information 
of the report and certification signature and seal (if any) of the rights holder or its 
lawful representative. If the report has multiple pages, the  rights holder shall sign 
on each page and append a seal (if any) on every two adjoining pages.  
This provision also similarly applies to documents provided by the party requested 
to be handled.  
3. Documents proving the right to request infringement handlin g: 
a/ Documents proving the owner of a trade name include documents and material 
evidence proving the prior and lawful use of the trade name in the business line and 
sector satisfying the protection conditions prescribed in Articles 76, 77 and 78 of 
the Intellectual Property Law ; 
b/ Documents  proving the owner of a trade  secret include documents proving that 
the organization or individual has lawfully held and taken measures to keep 
confidential in formation classified as trade  secret under Articles 84 and 8 5 of the 
Intellectual Property Law ; 
c/ In case the contract on use of an industrial property subject matter, regulation on 
use of a collective mark, or license to use a geographical indication contains no 
agreement or provision restricting the right to req uest infringement handling of the 23 
 
licensee, such licensee may carry out procedures to request infringement handling 
under Decree No. 99/2013/ND -CP, provided that the rights holder make no written 
opposition.  
In addition to documents and evidence proving th e status of the rights holder 
specified in Article 24 of revised Decree No. 105/2006/ND -CP, the rights holder 
may submit copies of documents proving his/her/its status and produce the 
originals for comparison.  
4. In a request for infringement handling, the  rights holder may request the 
handling of:  
a/ One or more than one infringement related to one or more than one industrial 
property subject matter committed by the same organization or individual;  
b/ One or more than one infringement related to one indust rial property subject 
matter committed by more than one organization or individual;  
c/ In ease of requesting handling of one or more than one organization or individual 
committing an infringement in the same locality, the rights holder shall file only 
one request with the agency with handling competence in such locality;  
d/ In case of requesting handling of one or more than one organization or individual 
committing an infringement in different localities, the rights holder may file a 
request with the agency  with handling competence in each locality or file a request 
with a central agency with infringement handling competence in such localities.  
5. In case different agencies are competent to handle an infringement, the rights 
holder may choose one from among those agencies to file his/her/its request.  
Article 24.  Consideration and settlement of requests for infringement handling  
1. If a request for infringement handling has sufficient evidence of counterfeit 
goods or goods infringing upon rights to a mark, a g eographical indication or an 
industrial design, the competent agency shall coordinate with the rights holder in 
inspecting, examining and handling the infringement under Point d. Clause 2, 
Article 25 of Decree No. 99/2013/ND -CP. 
2. If a request for infring ement handling has insufficient evidence of counterfeit 
goods or goods infringing upon rights to a mark, a geographical indication or an 
industrial design; in case of a request for handling of an infringement upon an 
invention, a layout design, a trade nam e or a trade  secret; in case of a request for 
handling of an act of unfair competition in industrial property, the competent 24 
 
agency may request the parties to provide information and evidence and make 
statements wit hin 10 days after the date provided  in th e notice. In case there is a 
plausible rea son, the requester may request in writing the competent agency to 
prolong the time limit for reply which, however, must not exceed 30 days from the 
date fixed in the initial notice under Point c. Clause 2, and Poin t a, Clause 3, Article 
25 of Decree No. 99/2013/ND -CP. 
a/ If the parties make their statements at the request of the competent agency but 
new circumstances or evidence are discovered in the case, the competent agency 
may request the parties to make stateme nts, counter -statements and provide 
additional evidence under Clause 6, Article 26 of Decree No. 99/2013/ND -CP 
within the time limit prescribed above.  
The parties may provide to the agency with infringement handling competence 
written expertise opinions of  the sate management agency in charge of industrial 
property, written conclusions of industrial property examination, dispute settlement 
decisions and decisions on handling of related or similar infringements of 
competent agencies and other documents and e vidence to prove their requests, 
arguments and statements and clarify facts of the case.  
b/ In case written statements of the parties cannot clarify facts of the case and when 
requested by one or all of the parties, the competent agency shall work directly  with 
the parties. The written record of opinions of the parties made during working with 
the competent agency shall be used as a proof for settlement of the case;  
c/ In case the parties reach an agreement on measures to settle the case in 
compliance with the intellectual property law and regulation  without affecting 
rights and interests of third parties, consumers and the society, the competent 
agency shall record such agreement and announce to stop the settlement of the case 
under Clause 2, Article 27, an d Point d, Clause 2, Article 28, of Decree No 
99/2013/ND -CP. 
3. If a request for infringement handling is filed with different agencies competent 
to handle the same infringement, the agency that first accepts the request is 
competent to settle it. The righ ts holder shall notify other competent agencies of 
that acceptance.  
a/ Before accepting the case, if the agency receiving the request knows that another 
agency with handling competence or a court has accepted the case, it shall issue a 
notice of refusal to  accept the request;  25 
 
b/ After accepting the case and before inspecting, examining and handling the 
infringement, if the request -receiving agency knows that another agency with 
handling competence has inspected, examined and handled the infringement or a 
court is dealing with the case, it shall issue a notice of refusal to carry out 
procedures for infringement handling;  
c/ After conducting inspection and examination, if the handling agency knows that 
another agency has conducted inspection and examination, i t shall request the 
latter's coordination in the handling and agree to let either of them carry out 
sanctioning procedures. In case another agency has handled the infringement but at 
the time of inspection and examination, another organization or individua l is 
detected to have committed such infringement, the handling agency shall handle 
the infringement with the aggravating circumstance of recidivism;  
d/ In the course of handling the infringement, if signs of crime are detected, the 
handling agency shall t ransfer the case file to a competent investigative agency of 
the locality where the infringement is committed.  
Article 25.  Provision of information for infringement handling  
1. When requested by the industrial property rights holder or the person with 
dispute settlement or infringement sanctioning competence of another agency or 
organization defined in Clause 5, Article 26 of Decree No. 99/2013/ND -CP, the 
agency with infringement handling competence shall provide copies of the written 
record, documents, sam ples and photos related to the infringement handling, 
provided the provision of such information and documents does not affect the 
effectiveness of the infringement handling and does not fall into any case of 
confidentiality keeping prescribed by law.  
2. If there is a request for infringement handling prescribed in Article 24 of Decree 
No. 99/2013/ND -CP, the agency with infringement handling competence shall send 
written conclusions, the sanctioning decision and notice of refusal or suspension of 
infringeme nt handling to the requester in accordance with law.  
Article 26.  Coordination in infringement handling  
1. The National Office of Intellectual Property, the Intellectual Property Science 
Institute and agencies competent to handle infringements upon industri al property 
rights shall coordinate with one another in handling infringements when receiving 
requests for coordination in infringement handling under Clause 1, Article 29 of 
Decree No. 99/2013/ND -CP. 26 
 
2. The coordination in handling of infringements relate d to enterprise names 
violating the intellectual property law must comply with the guidance in the joint 
circular of the Ministry of Science and Technology and the Ministry of Planning 
and Investment.  
3. The handling of infringements related to domain name s violating the intellectual 
property law must comply with the guidance in the joint circular of the Ministry of 
Science and Technology and the Ministry of Information and Communications.  
Article 27.  Coordination in the handling of infringements related to  products and 
goods harmful to health, environment or social safety  
1. Upon receiving a request for infringement handling or detecting an act infringing 
upon industrial property rights related to products and goods harmful to health, 
environment or social safety prescribed at Point b, Clause 3, Article 22 of Decree 
No. 99/2013/ND -CP, the infringement - handling agency may ask the party 
requested to be handled to provide information, documents and statements as 
evidence under Point a, Clause 3, Article 25 of Decree No. 99/2013/ND -CP, or 
shall coordinate with the rights holder in conducting inspection, examination, 
verification and collection of evidence. After examining documents and evidence, 
the infringement -handling agency shall issue:  
a/ Written conclusion s on infringement upon industrial property rights; and/or,  
b/ A decision on sanctioning of administrative violation according to its 
competence.  
2. In case the infringement -handling agency issues written conclusions on 
infringement upon industrial property  rights specified at Point a, Clause 1 of this 
Article, it shall send such conclusions to the rights holder and infringer and create 
conditions for the parties to reach an agreement and negotiate within 30 days after 
receiving such conclusions.  
a/ In case the parties reach an agreement and propose handling measures in 
compliance with the intellectual property law without affecting rights and interests 
of third parties, consumers and the society under Clause 2, Article 27 of Decree No. 
99/2013/ND -CP, the inf ringement -handling agency shall issue a notice recording 
such agreement and stop the settlement of the case;  
b/ In case the parties cannot reach an agreement within the prescribed time limit, 
the infringement -handling agency shall inspect, examine, and han dle the 
infringement.  27 
 
3. The infringement -handling agency shall send written conclusions on the 
infringement, notice recording the agreement between the parties or the decision on 
sanctioning of administrative violation to the state management agency in th e 
relevant sector or field for coordinated infringement handling.  
Article 28.  Settlement of cases upon occurrence of disputes  
1. In case a dispute occurs under Clause 1, Article 27 of Decree No. 99/2013/ND -
CP, the competent agency accepting the case for se ttlement may request the state 
management agency in charge of intellectual property to clarify the legal status of 
industrial property rights, specifically as follows:  
a/ Information on the ownership and use rights, licensing of the subject matter 
subject to a dispute, complaint or denunciation;  
b/ Scope of protection of industrial property rights in question; scope and 
conditions of application of the provisions on cases not regarded as infringements 
upon industrial property rights;  
c/ Possibility of inval idation or revocation of the protection title or change in the 
scope of protection of industrial property rights in question.  
2. Stoppage of procedures for handling an infringement upon occurrence of a 
dispute under Point a, Clause 2, Article 28 of Decree No. 99/2013/ND -CP: 
a/ The competent agency shall consider stopping the handling of an infringement 
after accepting the request for infringement handling in the following cases:  
- When it receives a notice from the state management agency in charge of 
indus trial property of its acceptance of a request for revocation or invalidation of 
the protection title, a complaint about the scope of protection of industrial property 
rights related to the subject matter in the request; or a notice from a court of its 
acceptance of the infringement case; or a complaint about or a dispute on industrial 
property rights related to the subject matter in the request;  
- When it finds that the case involves contents related to a contractual dispute 
between the parties on the right  to use the industrial property subject matter.  
b/ A notice of stopping of the settlement of a case must clearly state grounds and 
reasons for stoppage, and rights and obligations of related parties, and shall be sent 
to the requester for infringement hand ling, the party requested to be handled for 
infringement and the agency competent to settle disputes and complaints.  28 
 
3. The competent agency shall request the rights holder to make statements and 
commitments under Point b, Clause 1, Article 27 of Decree No . 99/2013/ND -CP 
and consider handling the infringement based on the grounds prescribed at Points a 
and c or Points a, b and c below:  
a/ The party requested to be handled has filed a request for revocation or 
invalidation of the protection title which is no t yet accepted by the competent 
agency;  
b/ The party requested to be handled has filed an application for registration of 
protection of the subject matter stated in the request for infringement handling with 
the state management agency in charge of industr ial property but there is no 
decision on grant of a protection title;  
c/ The requester requests continued handling and commits to pay compensation 
under Point b, Clause 2, Article 32 of Decree No. 99/2013/ND -CP in case the 
decision on sanctioning of admini strative violation is amended, cancelled or 
invalidated under a dispute settlement decision of the competent agency.  
4. Refusal to handle infringements:  
Before issuing a notice of acceptance of a request for infringement handling, if the 
infringement -handl ing agency receives a notice of acceptance of the request from a 
competent agency specified at Point a, Clause 2 of this Article, it shall issue a 
notice of refusal to handle the infringement under Point a, Clause 1, Article 28 of 
Decree No. 99/2013/ND -CP. 
Article 29.  Competence of heads of specialized science and technology inspection 
teams  
Heads of specialized inspection teams of the Ministry of Science and Technology 
and provincial -level Departments of Science and Technology may use seals of 
agencies in charge of inspection when issuing documents on application of 
measures to perform the inspection tasks specified in Clause 1, Article 53 of the 
Law on Inspection.  
Article 30.  Assistance of industrial property rights holders in the inspection, 
examination, verification and handling of infringements  
1. Industrial property rights holders that request infringement handling may 
propose cooperation and technical assistance, including information, documents, 
means of transport, technical equipment and manpower, fo r agencies competent to 29 
 
investigate, verify, collect evidence and handle material evidence and means used 
for infringements under Point d, Clause 2, Article 25 of Decree No. 99/2013/ND -
CP. 
2. Expenses for assistance for the investigation, verification and collection of 
evidence and handling of material evidence and means for infringements in the 
field of industrial property mentioned in Clause 1 of this Article shall be regarded 
as reasonable expenses for industrial property rights protection and may be 
accounted as production expenses under revised Decree No. 103/2006/ND -CP. 
Chapter IV  
ORGANIZATION OF IMPLEMENTATION  
Article 31.  Effect  
This Circular takes effect on August 11, 2015, and replaces the Minister of Science 
and Technology’s Circular No. 37/2011/TT -BKHCN of December 27, 2011, 
guiding a number of articles of the Government’s Decree No. 97/2010/ND -CP of 
September 21, 2010, on sanctioning of administrative violations in the field of 
industrial property.  
Article 32.  Implementation responsibility  
1. Head s of the units of the Ministry of Science and Technology, heads of related 
agencies and organizations, and related individuals shall implement this Circular.  
2. Any problems arising in the course of implementation should be promptly 
reported to the Ministr y of Science and Technology for study and settlement 
guidance.  
  
  MINISTER OF SCIENCE AND 
TECHNOLOGY  
 
 
 
 
Nguyen Quan