IP/N/1/VNM/O/5  
 
16 October 2013  
(13-5669)  Page: 1/21  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
VIET NAM 
This document reproduces the text1 of the unofficial translation of Circular No. 37/2011/TT-BKHCN 
guiding the implementation of a number of articl es of the Government's Decree No. 97/2010/ND-
CP of September 21, 2010, on sanctioning of admini strative violations in industrial property, as 
notified by Viet Nam on 14 August 2013 under  Article 63.2 of the Agreement (see document 
IP/N/1/VNM/5). 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
VIET NAM 
Le présent document contient le texte1 d e  l a  t r a d u c t i o n  n o n  o f f i c i e l l e  d e  l a  C i r c u l a i r e  
n° 37/2011/TT-BKHCN contenant des orientations pour la mise en œuvre de certains articles du 
Décret gouvernemental n° 97/2010/ND-CP du 21 septembre 2010 prévoyant des sanctions en cas 
d'infraction administrative dans le domaine de la propriété industrielle, notifié par le Viet Nam le 14 août 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/VNM/5). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
VIET NAM 
En el presente documento se reproduce el texto1 de la traducción no oficial de la Circular 
Nº 37/2011/TT-BKHCN, que establece directrices para la aplicación de varios artículos del Decreto 
del Gobierno Nº 97/2010/ND-CP, de fecha 21 de septiembre de 2010, por el que se establecen 
sanciones para las infracciones administrativas en la esfera de la propiedad industrial, notificado por Viet Nam el 14 de agosto de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/VNM/5). 
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/O/5 
 
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THE MINISTER OF SCIENCE AND 
TECHNOLOGY 
-------  THE SOCIALIST REPU BLIC OF VIETNAM 
Independence– Freedom – Happiness  
---------------  
No. 37/2011/TT-BKHCN Hanoi, December 27, 2011  
  
CIRCULAR  
GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE 
NO. 97/2010/ND-CP OF SEPTEMBER 21, 2010, ON SANCTIONING OF ADMINISTRATIVE 
VIOLATIONS IN INDUSTRIAL PROPERTY 
 Pursuant to the 2005 Law on Intellectual Property; and the 2009 Law Amending and 
Supplementing a Number of Articles of the Law on  Intellectual Property Law (below collectively 
referred to as the Law on Intellectual Property); 
Pursuant to the 2002 Ordinance on Handling of Administrative Violations; and the 2008 
Ordinance Amending and Supplementing a Number of Articles of the Ordinance on Handling of 
Administrative Violations (below collectively referred to as the Ordinance on Handling of Administrative Violations); 
Pursuant to the Government's Decree No. 97/2010/ND-CP of September 21, 2010, on 
sanctioning of administrative violations in indu strial property (below referred to as Decree 
No. 97/2010/ND-CP); 
Pursuant to the Government's Decree No. 128/2008/ND-CP of December 16. 2008, 
detailing and guiding the implementation of a numbe r of articles of the Ordinance on Handling of 
Administrative Violations (below referred to as Decree No. 128/2008/ND-CP); 
Pursuant to the Government's Decree No. 103/2006/ND-CP of September 22, 2006, 
detailing and guiding the implementation of a number of articles of the Law on Intellectual 
Property concerning industrial property; De cree No. 122/2010/ND-CP of December 31, 2010, 
amending and supplementing a number of articles of Decree No. 103/2006/ND-CP of 
September 22, 2006 (below referred to as amended Decree No. 103/2006/ND-CP); 
Pursuant to the Government's Decree No. 105/2006/ND-CP of September 22, 2006. 
detailing and guiding the implementation of a number of articles of the Law on Intellectual Property concerning the protection of intellectua l property rights and the state management of 
intellectual property; Decree No. 119/2010/ND-CP of December 30, 2010, amending and 
supplementing a number of articles of Decree No . 105/2006/ND-CP of September 22, 2006 (below 
referred to as amended Decree No. 105/2006/ND-CP); 
Pursuant to the Government's Decree No. 28/2008/ND-CP of March 14, 2008, defining the 
functions, tasks, powers and organizational stru cture of the Ministry of Science and Technology; 
Based on the written agreements of following related ministries: the Ministry of 
Information and Communications, the Ministry of Planning and Investment, the Ministry of Finance 
and the Ministry of Health; 
The Minister of Science and Technology guides in detail a number of contents related to 
the implementation of a number of articles of Decree No. 97/2010/ND-CP, 
 IP/N/1/VNM/O/5 
 
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  Chapter I  
GENERAL PROVISIONS  
Article 1. Subjects and scope of application  
1. Infringers defined in Article 2 of Decree No. 97/2010/ND-CP shall be administratively 
sanctioned when the following conditions are fully satisfied: 
a. They commit infringements specified in Chapter II of Decree No. 97/2010/ND-CP; b. Their infringements are subject to administrative sanctioning under Clause 1, Article 6 
of the Ordinance on Handling of Administrative Violations; 
c. They commit infringements within the statute of limitations for sanctioning specified in 
Clauses 1, 2 and 3, Article 10 of the Ordinance on Handling of Administrative Violations. 
2. Other related organizations and individuals defined in Article 2 of Decree 
No. 97/2010/ND-CP include: 
a. Organizations and individuals who file written requests for handling of administrative 
violations; organizations and individuals have relate d rights and interests in the course of handling 
administrative violations in industrial property; 
b. Agencies and officers competent to receive and settle written requests for handling of 
administrative violations, and examine, inspect and handle administrative violations in industrial 
properly; 
c. Agencies competent to perform the state management of industrial property; agencies 
competent to settle disputes over industrial property rights, complaints and denunciations about sanctioning of administrative violations in industrial property; 
d. Organizations and individuals having functions to assess industrial property; 
organizations and individuals providing indu strial property representative services; 
e. The State Treasury, credit institutions and agencies with sanctioning competence that 
are responsible for collecting, remitting, deducting and transferring fines paid for and illegal profits 
gained from administrative violations; agencies, organizations and individuals that are responsible for executing and enforcing decisions on sanctioning of administrative violations in industrial 
property; agencies, organizations and individuals that manage business, advertising and printing 
activities or electronic information networks in which industrial property infringements occur; 
f. State management agencies in related sectors when receiving written conclusions or 
sanctioning decisions of agencies competent to handle violations in industrial property; 
g. Organizations and individuals who are responsible for or have related rights and 
interests in providing documents and evidence for verifying infringements and infringing goods or 
in implementing written conclusions or decisions on sanctioning administrative violations of 
agencies competent to handle industrial property infringements. 
3. Written conclusions of agencies competent to handle administrative violations in 
industrial property arc construed as written conclusions on infringements and written notices of 
infringement handling results that are issued by these agencies based on agreements of involved 
parties. 
A decision on sanctioning an administrative violation shall take effect on the signing date, 
unless it indicates another effective date, in compliance with Clause 4, Article 56 of the Ordinance 
on Handling of Administrative Violations. 
In case of disputes or complaints about the validity of protection titles, written conclusions 
of the state management agency in charge of inte llectual property shall be construed as decisions 
to grant or refuse to grant protection titles or decisions to terminate or invalidate protection titles 
issued by the National Office of Intellectual Proper ty or the Ministry of Science and Technology that 
will take effect in accordance with  applicable laws and regulations. 
Article 2. Sanctions and remedies  
1. Principal sanctions a. Caution shall be made under Point a, Clause 1, Article 3 of Decree No. 97/2010/ND-CP 
for an infringement involving one or several of the following circumstances: IP/N/1/VNM/O/5 
 
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  (i) It is a first-time and minor infringement which is understood to be a first-time industrial 
property infringement involving infringing goods of a quantity of up to 10 items and a value of under VND 3,000,000; and involving other extenuating circumstances as specified in Clause 4, Article 3 of Decree No. 97/2010/ND-CP; 
(ii) It is committed by a person who is between full 14 and under 16 years old. 
b. Fine shall be made for infringements not subject to caution and on the following 
principles: 
(i) For neither infringements involving aggravating nor extenuating circumstances, the 
average level of the fine bracket shall be imposed. 
(ii) For infringements involving one or several extenuating circumstances specified in 
Clause 4, Article 3 of Decree No. 97/2010/ND-CP, a fine ranging from below the average level to 
the minimum level of the fine bracket shall be imposed. Some extenuating circumstances are 
guided as follows: 
- Infringement committed by a person who does not know and has no reason to know 
about the status of protection of relevant industrial  property rights as referre d to at Point b. Clause 
4, Article 3 of Decree No. 97/2010/ND-CP is understood to be an infringement due to deception or non-provision of information on the status of protection of relevant industrial property rights or 
caused by activities of another person which are unknown to the infringer. 
- The infringer has prevented or mitigated harms of his/her infringement or has willingly 
remedied consequences and paid compensations for damage in accordance with Point a, Clause 1, Article 8 of the Ordinance on Handling of Administrative Violations, for example: 
+ The infringer has stopped manufacturing or selling infringing goods at the request of the 
industrial property rights holder or a competent stale agency; 
+ The infringer has willingly recalled infringing goods, made public corrections or apologies 
or paid compensations for damage caused to the industrial property rights holder. 
(iii) For infringements involving one or several aggravating circumstances specified in 
Clause 4, Article 3 of Decree No. 97/2010/ND-CP, a fine ranging from above the average level to 
the maximum level of the fine bracket shall be  imposed. Some aggravating circumstances are 
guided as follows: 
- Repetition of the infringement in the same field as specified in Clause 2, Article 9 of the 
Ordinance on Handling of Administrative Violations and Clause 2, Article 6 of Decree 
No. 128/2008/ND-CP is understood as follows: 
+ Repeated commission of an industrial prop erty infringement that has neither been 
detected nor sanctioned, while the statute of limitations for sanctioning has not yet expired; 
+ Repeated commission of the infringement after the involved parties have agreed on a 
measure to settle the case of infringement already acknowledged by a competent agency. 
- Continued commission of the infringement despite a competent person's request to 
terminate such infringement under Clause 8, Article 9 of the Ordinance on Handling of 
Administrative Violations is understood to be the failure of the infringer to stop his/her infringement or lake measures to prevent or mitigate its harms, such as termination of the manufacture or sale of infringing goods at the request of an agency competent to handle the 
infringement. 
2. Additional sanctions a. The sanction of confiscation and disposal of  goods, material evidence and means used in 
the commission of the infringement subject to confi scation specified at Point a, Clause 2, Article 3 
of Decree No. 97/2010/ND-CP shall be imposed accord ing to the order and procedures specified in 
Article 37 of Decree No. 97/2010/ND-CP; 
b. The sanction of suspension for a definite period of lime of the trading or provision of 
infringing goods or services specified at Point c, Clause 2, Article 3 of Decree No. 97/2010/ ND-CP shall be imposed for the trading or provision of goods or services directly related to the infringement. The suspension shall be indicated in the administrative sanctioning decision. IP/N/1/VNM/O/5 
 
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  3. Remedies 
a. Forcible removal of infringing elements specified at Point a. Clause 3. Article 3 of Decree 
No. 97/2010/ND-CP can be carried out by one or several methods, such as disassembly, cutting, erasure and grinding to remove infringing elements from goods, business transaction documents, 
signboards, packages, means of business or service provision or advertisement media, so that no 
infringing element can be found on goods and means that are material evidence of the infringement; 
b. Revocation of domain names or change of enterprise names containing infringing 
elements specified at Point a, Clause 3. Article 3 of Decree No. 97/2010/ND-CP shall be carried out as follows: 
(i) Revocation of a domain name shall apply when the party requesting the infringement 
handling and the party against whom the infringement handling is requested for fails to reach 
agreement under Clause 2, Article 29 of Decree No. 97/2010/ND-CP and the latter fails to stop holding the right to use or using the infringing domain name. The revocation of domain names 
shall be indicated in administrative sanctioning de cisions. The agency competent to revoke domain 
names is the Vietnam Internet Network Information Center. 
(ii) Forcible change of an enterprise name shall apply when the party against whom the 
infringement handling is requested for fails to carry out procedures for changing the infringing 
enterprise name at the request of the business registry office or under a handling decision of the agency competent to handle industrial property infringements. Forcible change of enterprise names shall be indicated in administrative sanctioning decisions. Agencies competent to change 
enterprise names are business registry offices. 
c. Forcible re-export as specified at Point c, Clause 3, Article 3 of Decree No. 97/2010/ND-
CP shall apply to imports containing counterfeit industrial property objects and imported 
implements, raw materials and materials used mainly for manufacturing or trading in these goods 
after infringing elements are removed from these goods. 
Imported raw materials and materials mainly used for manufacturing or trading in goods 
containing counterfeit industrial property objects shall be identified under Clause 3, Article 29 of 
amended Decree No. 105/2006/ ND-CP. 
Persons competent to apply the remedy of forcible re-export include chairpersons of 
provincial-level People's Committees, the director  of the Anti-Smuggling Investigation Department, 
the director of the Post-Customs Clearance Inspection Department of the General Department of 
Customs, and directors of provincial-level Customs Departments. 
d. For infringing goods and raw materials, materials and implements used for 
manufacturing these goods, and material eviden ce and implements used for the commission of 
infringements which are not subject to destruction in accordance with Point d, Clause 3, Article 3 of Decree No. 97/2010/ND-CP, competent agencies sh all, based on the nature and characteristics 
of the goods and specific circumstances of the ca ses, decide on measures to handle the goods 
based on recommendations and opinions of rights  holders, parties requesting the infringement 
handling and infringers. 
Handling measures include permission for infringers to use these goods, raw materials and 
materials as raw materials for manufacturing other goods after the removal of infringing elements; 
permission for the finishing and putting of products into circulation in accordance with law after obtaining the consent of rights holders; permi ssion for the auctioning of these goods, raw 
materials and materials to remit the proceeds therefore into the public fund, charities or social 
benefits with the consent of rights holders; or other measures requested and agreed upon by the involved parties in accordance with Clause 4,  Article 29 of amended Decree No. 105/2006/ND-CP. 
e. In case infringing elements cannot be removed or the removal cannot effectively 
prevent infringements and other handling measures  cannot be applied, competent agencies shall 
apply the remedy of forcible destruction in accordance with Clause 3, Article 36 of Decree No. 97/ 2010/ND-CP. 
Expenses for the destruction of infringing elements, implements and goods shall be paid by 
infringers. In case infringers are unable to conduct the destruction, agencies with sanctioning competence may use state budget funds specified in Article 14 of Decree No. 128/ 2008/ND-CP for 
the destruction. Infringers shall refund destruction expenses to agencies with sanctioning 
competence. Infringers that fail to refund de struction expenses shall be forced to do so. IP/N/1/VNM/O/5 
 
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  f. Remittance into the state budget of illicit ea rnings from the commission of administrative 
violations specified at Point h, Clause 3, Article 3 of Decree No. 9/2010/ND-CP shall apply when there are valid invoices, vouchers or document s evidencing that infringers have committed 
infringements (together with the quantity and valu e of infringing goods) though infringing goods 
have been sold out by the time of examination or inspection. 
Remittance into the state budget of illicit earnings from the commission of administrative 
violations shall be indicated in administrative sanctioning decisions. Illicit earnings shall be 
remitted into the state budget according to the procedures similar to those for payment of fines 
under administrative sanctioning decisions. In case agencies with sanctioning competence have custody accounts opened at the State Treasury, such illicit earnings shall be remitted into these accounts. Periodically, agencies with sanctioning competence shall remit these amounts into the 
Slate Treasury in accordance with law. 
Article 3. Determination of illicit earnin gs from the commission of administrative 
violations  
1. Illicit earnings means sums of money ea rned from the commission of administrative 
violations in industrial property. 
An illicit earning to be remitted into the state budget shall be determined according to the 
following formula: 
Illicit earning = quantity of infringing goods sold or infringing services provided x profit. - Quantity of infringing goods sold = quantity of infringing goods indicated in the vouchers 
or documents specified at Point a, Clause 2 of this  Article - quantity of infringing goods unsold and 
detected at the time of examination or inspection. 
The volume of infringing services provided shall be determined according to the above 
formula for determining the quantity of infringing goods sold. 
- Profit = Price of goods sold or services provided - cost price or buying price. 
2. Bases for determining illicit earnings a. Quantity of infringing goods or volume of infringing services, which is determined based 
on such vouchers and documents as accounting books, tax returns, purchase-sale contracts, 
financial invoices, sale invoices, books for monitoring sales: books for monitoring warehousing and ex-warehousing; import dossiers (for imports) or other documents of legal validity. 
b. Cost prices, buying prices, prices of goods sold or services provided: 
(i) Cost prices shall be calculated based on accounting books, monitoring books, 
warehousing bills, ex-warehousing bills or other documents of legal validity of manufacturing establishments. 
(ii) Buying prices shall be calculated based on goods purchase contracts and invoices, 
import declarations or written declarations to competent agencies or other relevant documents. 
(iii) Prices of goods sold or services provided shall be calculated based on quoted prices, 
prices indicated in goods or service purchase and sale contracts, or prices indicated in sale invoices 
or written declarations to competent agencies or other relevant documents of legal validity. 
c. In case there is no information on quantity or prices on vouchers or documents or there 
is no voucher or document specified at Points a and b, Clause 2 of this Article, the quantity of 
infringing goods or volume of infringing services, cost prices, buying prices and prices of goods 
sold or services provided may be determined based on written reports or commitments of infringers. When necessary, competent agencies ma y apply measures to insp ect, verify or collect 
evidence specified in Clauses 2. 3 and 6, Article 28 of Decree No. 97/2010/ND-CP. 
 IP/N/1/VNM/O/5 
 
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  Chapter II  
VIOLATIONS TO BE ADMINISTRATIVELY SANCTIONED  
Section 1: VIOLATIONS OF REGULATIONS ON MANAGEMENT OF INDUSTRIAL PROPERTY 
ACTIVITIES  
Article 4. Violations of regulations on procedures for the establishment, 
executation and protection of  industrial property rights  
Taking advantage of procedures for the establishment, execution and protection of 
industrial property rights to infringe upon the State's interests, public interests or the rights and 
legitimate interests of other organizations and indivi duals referred to at Point b, Clause 1, Article 5 
of Decree No. 97/2010/ND-CP is understood as: 
1. Deliberately carrying out procedures for registration, requesting termination or 
invalidation or filing a complaint or a denunciation about procedures for the establishment, 
exercise and protection of industri al property rights without legal grounds, with a view to impeding 
production or business activities or the establis hment, exercise and protection of industrial 
property rights of others. 
2. Failing to carry out or deliberately carrying out in dishonest or inadequate manner 
procedures for registration of industrial properly  in Vietnam or overseas, disclosing confidential 
information of or depriving domestic organization s and individuals of opportunities to establish 
industrial property rights, thus harming the interests of the State, localities or enterprises. 
Article 5. Violations of regulations on indications on protection of industrial 
property rights  
1. Providing wrongful indications on the legal status referred to at Point b. Clause 1, 
Article 6 of Decree No. 97/2010/ND-CP is understood as using information misleading that entities have their industrial property rights protected in Vietnam though in reality they are ineligible for or 
have not yet obtained the protection, even in case they have filed registration applications but not 
yet been granted protection titles or have their protection titles cancelled or invalidated or the protection duration has expired, for example: 
a. Printing on goods, goods packages or mean s of service such indications misleading that 
these products or services bear a protected mark as "mark registered for exclusive protection", "protected mark", "mark exclusively owned by...", including the use of the symbol ® (the indication that a mark has been granted a mark registration certificate); 
b. Printing on products or product packag es such indications misleading that these 
products enjoy such industrial design or patent protection as "product under industrial design protection", "product under patent protection", "product manufactured from a patented process 
of...", including the use of the word "P" or "Patent" with numbers (the indication that a product is 
patented). 
2. Providing wrongful indications on the scope of protection of industrial property rights 
referred to at Point b. Clause 1, Article 6 of Decree No. 97/2010/ND-CP is understood as 
misleading about the scope of protection of industrial property rights to products, goods or services outside the protection scope of their titles. 
3. Providing wrongful indications or no indication on goods manufactured under licensing 
contracts referred to at Point c, Clause 1, Article 6 of Decree No. 97/2010/ND-CP is understood as 
follows: 
a. Providing wrongful indications is inscribing on products the phrase "manufactured under 
licensing contract of or providing similar indications, whether in Vietnamese or a foreign language, 
though in reality the industrial property objects ha ve not yet been licensed in accordance with law. 
b. Failing to provide indications is failing to inscribe on products or implements of service 
relevant licensing indications if these products or services arc manufactured or provided under 
licensing contracts and the inscription of such indications is mandatory in accordance with law. IP/N/1/VNM/O/5 
 
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  Article 6. Violations of regulations on industrial property representation  
1. Concurrently representing parties to a dispute over industrial property rights referred to 
at Point a, Clause 2, Article 7 of Decree No. 97/2010/ND-CP is understood as follows: 
a. Performing the authorized representation for both the party requesting the handling of 
the industrial property infringement and the pa rty against whom the infringement handling is 
requested in the same case; 
b. Acting as the representative for the party carrying out procedures for objection, request 
for cancellation or invalidation of the protection title or infringement handling while acting as the 
representative for the protection title applicant or holder in carrying out procedures for the establishment, exercise and protecti on of industrial property rights. 
2. Deliberately obstructing the normal pr ogress of the establishment, exercise and 
protection of industrial property rights, causing da mage to parties with related rights and interests 
referred to at Point i, Clause 2, Article 7 of Decree No. 97/2010/ND-CP is understood as follows: 
a. Deliberately delaying the filing of an indust rial property registration application, written 
infringement handling request and other documents and dossiers in the course of establishment, 
exercise and protection of industrial property rights of the represented party without plausible 
reasons; 
b. Providing inaccurate information on the legal status of the protection title, industrial 
property registration application, written infr ingement handling request and other documents and 
dossiers in the course of establishment, exercise  and protection of industrial property rights, 
affecting the rights and legitimate interests of the protection title holder; 
c. Filing a groundless complaint about the grant of or refusal to grant a protection title in 
order to delay the settlement process of competent agencies, causing material or spiritual damage to persons with related rights and interests. 
3. Industrial property representatives that commit serious errors or violations in the course 
of practicing representation, causing damage to the interests of the State or the society referred to at Point b, Clause 4, Article 7 of Decree No. 97/2010/ND-CP is understood as follows: 
a. Representing organizations or individuals that are not rights holders or without 
permission of registered rights holders of well-k nown and widely used marks or organizations or 
individuals not empowered to manage geographical indications or register Vietnamese geographical indications overseas; registering confidential inventions overseas without permission 
of competent agencies; 
b. Disclosing information or documents not yet allowed to be published, information 
classified as state secret or business secret of re lated parties, which is acquired in the course of 
providing industrial property representative services. 
Article 7. Violations of regulation s on industrial property assessment  
1. Disclosing secret information acquired in the course of conducting assessment without 
permission of related parties referred to at Point b, Clause 2, Article 8 of Decree No. 97/2010/ND-
CP is understood as follows: 
a. Disclosing secret information or documents related to cases being settled which are 
provided by agencies competent to solicit indust rial property assessment or industrial property 
assessment requesters; 
b. Disclosing information or documents not yet allowed to be published, information 
classified as state secret or business secret provided by competent agencies or assessment 
requesters for assessment purposes. 
2. Taking advantage of the assessor status and assessment activities for self-seeking 
purposes referred to at Point a. Clause 3, Article 8 of Decree No. 97/2010/ND-CP is understood as 
taking advantage of the status of assessing organizations or assessors or the participation in 
assessment activities to exert influence on related parties for seeking illicit profits. 
3. Deliberately making untruthful assessment conclusions referred to at Point b. Clause 3, 
Article 8 of Decree No. 97/2010/ND-CP is understood as deliberately making unfair assessment 
conclusions untrue to information and documents provided for the assessment. IP/N/1/VNM/O/5 
 
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  Section 2: INFRINGEMENTS OF INDUSTRIAL PROPERTY RIGHTS  
Article 8. Infringements of industrial proper ty rights referred to in Articles 10, 11 
and 12 of Decree No. 97/2010/ND-CP  
1. An act shall be concluded as an infringement  of industrial properly rights specified in 
Articles 10, 11 and 12 of Decree No. 97/2010/ND-CP when fully satisfying the conditions specified 
in Article 5 of amended Decree No. 105.2006.ND-CP. 
2. Evidence of the status of industrial prop erty rights holders and their right to request 
infringement handling shall be determined under Article 24 of amended Decree No. 105/2006/ND-
CP and Article 24 of Decree No. 97/ 2010/ND-CP. Evid ence of the status of industrial property 
rights holders is further guided as follows: 
a. Evidence of the status of the owner of  a trade name is documentary or material 
evidence proving the first and lawf ul use of this trade name in the business sector satisfying the 
protection conditions specified in Articles 76, 77 and 78 of the Law on Intellectual Property; 
b. Evidence of the status of the owner of a business secret is documents proving that an 
organization or individual lawfully holds and has applied measures to keep confidential information 
classified as a business secret under Articles 84 and 85 of the Law on Intellectual Property; 
c. An industrial property licensing contract which has not yet been registered with the 
National Office of Intellectual Property but has contents compliant with the provisions of 
Articles 141 through 144 of the Law on Intellectual Properly can serve as a valid documentary evidence of the lawful right to use the licensed industrial property object; 
d. In case an industrial properly licensing contract, mark utilization rules or geographical 
indication utilization license has no agreement or  regulation restricting the licensee's right to 
request infringement handling, such licensee may request infringement handling in accordance with Decree No. 97/2010/ND-CP, on the conditio n that the rights holder makes no written 
objection to such request. 
In addition to documents and evidence provin g the status of rights holders specified in 
Article 24 of amended Decree No. 105/2006/ ND-C P, rights holders may submit copies of 
documentary evidence of their status an d produce their originals for comparison. 
3. The identification of the protection scope of industrial property rights to serve the 
identification of an infringement of industrial property rights complies with Article 16 of amended Decree No. 103/2006/ND-CP and Article 6 of  amended Decree No. 105/2006/ ND-CP. 
The identification of elements infringing upon industrial property rights complies with 
Articles 8, 9, 10, 11, 12 and 13 of amended Decree No. 105/2006/ND-CP. 
4. Notes are taken when identifying elements  infringing upon rights to inventions: 
a. A product/product part/process in question shall be considered identical or similar to a 
patented product/product part/process defined at a certain point (independent or dependent) of the protection claim of an invention patent/utility solution patent if all substantial technical 
specifications (features) stated at that point are present in the product/product part/process in 
question in an identical or similar form, of which: 
(i) Two technical specifications (features) are considered identical if they are of the same 
nature or for the same utility or have the same obtaining method and the same relationship with 
other specifications defined in the protection claim; 
(ii) Two technical specifications (features) are considered similar if they are of similar 
natures or interchangeable, and have substantially similar utilities and obtaining methods. 
b. If a product/product part/process in question does not contain at least one substantial 
technical specification (feature) defined at a certain point of the protection claim, such product/product part/process shall be considered not identical/similar to the patented 
product/product part/process under that point. 
5. Notes to be taken when identifying elements infringing upon rights to industrial designs: a. A product/product part in question is regarded as a copy of a patented industrial design 
if such product/product part has a combination of visual design features (shape) incorporating all 
fundamental design features of the patented industrial design; IP/N/1/VNM/O/5 
 
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  b. A product/product part in question is regarded as a substantive copy of a patented 
industrial design if such product/product part has a combination of visual design features incorporating almost all fundamental design features of the patented industrial design and is distinctive only in design features that are not easy to recognize or memorize: 
c. In case the composition of visual design fe atures of a product/product part is regarded 
as a copy or substantive copy of the combination of visual design features of at least one product in a set of products having a patented industri al design, such shall also be regarded as an 
infringement of rights to the patented industrial design; 
d. Fundamental design features of a patented industrial design are understood as easily 
recognizable and memorable design features that are used for distinguishing one industrial design in whole from another. The combination of fundam ental design features may be three-dimensional 
configuration, lines, correlation between three-dimensional and/or lineal features, and colors 
identified on the basis of photos/drawings or the description of the industrial design attached to 
the industrial property patent. 
6. Notes to be taken when identifying elements infringing upon rights to marks: 
a. Grounds for assessing the confusability of a sign with a protected mark include: ( i )  T h e  p r o t e c t i o n  s c o p e  o f  t h e  m a r k  i n  w h o l e  o r  i n  p a r t ;  s i m i l a r i t y  o f  t h e  s i g n  t o  t h e  
protected mark in whole and to its distinguishable parts, especially those which are highly 
impressive to consumers; 
(ii) Relevance of goods or services in functions, utilities and ingredients; practices of 
trading, distribution, selection and use of goods and services; conditions, methods and places for 
goods or service sale, distribution, marketing, promotion or trading; 
(iii) Characteristics of goods or service consumers; level of attention of consumers when 
selecting or purchasing goods or services; 
(iv) Other criteria such as practical use and protection of similar marks for the same 
goods; impacts of other elements which indicate the relationship of goods or services in question with protected goods or services; 
(v) Evidence of confusion consequences on consumers that can be used to support the 
assessment of the confusability of the use of the sign though it is not mandatory in making conclusions on the confusability of the use of the sign. 
b. Notes to be taken when identifying infringements of rights to marks: 
(i) In case of using a sign for goods or services identical to a mark and goods or services 
identified in a mark registration certificate or an international registration certificate of a mark protected in Vietnam or in the WIPO Official Gazette of International Marks, it is unnecessary to 
assess the possibility of such sign to confuse consumers about goods and services bearing the 
mark; 
(ii) In case of using a sign identical to a mark for similar or relevant goods or services; 
using a sign similar to a mark for goods or services identical or similar or relevant to goods or 
services on the list of goods or services bearing the mark identified in a mark registration certificate or an international registration certificate of a mark protected in Vietnam or in the WIPO Official Gazette of International Marks, it is necessary to assess the possibility of such sign to 
confuse consumers about goods and services bearing the mark. 
c. Notes to be taken when identifying infringements of rights to well-known marks: (i) In case of using a sign identical or similar to a well-known mark or a sign interpreted or 
transcribed from a well-known mark for any goods or services, including those which are neither 
identical, similar nor relevant to goods or services on the list of goods and services bearing well-known marks, it is necessary to assess the possibility  of such sign to mislead as to the origin of 
goods or services or the relationship between the sign user and the well-known mark owner; 
(ii) If the use of a sign identical or similar to a well-known mark specified in Item (i), Point 
c, Clause 6 of this Article is not likely to mislead as to the origin of goods or services but gives a false impression on consumers of the relationship  between the sign user and the well-known mark 
owner, such use is also regarded as infringement of industrial property rights; IP/N/1/VNM/O/5 
 
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  (iii) Upon filing a written request for handling of  an infringement of rights to a well-known 
mark, a rights holder shall provide evidence showing that such mark is already well-known in Vietnam according to the criteria specified in Article 75 of the Law on Intellectual Property, regardless of whether has been registered for protection in Vietnam; 
(iv) Before deciding to carry out procedures for infringement handling, an agency 
competent to handle infringements shall base itself on the criteria specified in Article 75 of the Law on Intellectual Property to consider whether a mark is well-known in Vietnam. This agency may 
exchange expertise opinions with the National Office of Intellectual Property and consult an 
advisory council. 
In case a well-known mark is recognized in Vietnam according to civil procedures or under 
a recognition decision of the National Office of Intellectual Property, the infringement-handling 
agency may base itself on relevant documents to consider recognizing such mark as well-known in 
Vietnam, provided such agency's recognition of the well-known mark is still appropriate at the time of requesting infringement handling. 
7. Notes to be taken when identifying elements infringing upon rights to trade names: 
a. The ground for examining elements infringing upon rights to a trade name is the 
protection scope of such trade name identified ba sed on evidence of the lawful use of such trade 
name, identifying the business entity, business esta blishment, business activities and products or 
services bearing the trade name, specifically as follows: 
(i) Evidence showing that the trade name is us ed in the business place (for example: it is 
used in the locality in which customers or business partners are based or in which it earns its 
reputation through advertising, marketing or distribution) in a lawful business sector (staled in the 
business registration certificate, investment license, business eligibility certificate for conditional business lines, tax identification number registration or company charter already registered with a 
competent agency or other papers of legal validity); 
(ii) The time of starling the use and the process of use: The trade name has been and is 
known to business partners and customers through goods, services or business activities (for 
e x a m p l e :  i t  i s  c u r r e n t l y  u s e d  o n  g o o d s ,  s a le-purchase contracts, goods orders, business 
transaction documents, advertisement materials,  customs declarations, tax receipts and other 
transaction documents). 
b. The business registration certificate, investment license, business eligibility certificate 
for conditional business lines, tax identification number registration or company charter is 
regarded as evidence of the lawfulness of busi ness activities conducted under the trade name. The 
enterprise name staled in the above certificate or license may be regarded as a trade name only 
when there is documentary evidence showing that it  is actually used in lawful business activities 
and satisfies the protection conditions specified in  Articles 76, 77 and 78 of the Law on Intellectual 
Property. 
c. In case the use of a mark, industrial de sign, copyright, trade name, or geographical 
indication leads to a conflict and gives rise to a di spute, the settlement of such conflict and dispute 
complies with Article 6 of the Law on Intelle ctual Property. Article 17 of amended Decree 
No. 103/2006/ND-CP, Article 29 of Decree No. 97/2010/ND-CP, and the following specific 
guidance: 
(i) Based on documents and evidence proving the time of arising or establishment of rights 
on the principle that rights to a certain object arising or established earlier will be protected. 
In case all involved parties have evidence proving that their rights arise or are established 
lawfully, they may exercise their rights within the scope and term of protection without infringing upon the State's interests, public interests, rights and legitimate interests of other institutions and 
individuals, and may not violate other relevant laws; 
(ii) Based on the protection title, certificate or certification of a competent agency and 
relevant documents, contents of lawful contracts or agreements between the parties to identify the 
protection scope of an object which is protectable concurrently as different intellectual property 
objects; IP/N/1/VNM/O/5 
 
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  (iii) In case a trade name or mark bearing a geographical name is used before the relevant 
geographical indication or mark bearing the geog raphical name is granted a protection title and 
these objects all satisfy the protection conditions sp ecified by law, the bona fide use of such object 
is not regarded as an infringement under Point g or h, Clause 2, Article 125 of the Law on 
Intellectual Property. 
d. In case the concurrent use of the objects specified at Point c of this Clause affects the 
rights and interests of a third party, consumers and the society and there is an infringement 
handling request, the agency competent to handle infringements shall request the involved parties 
to reach agreement on and record in writing the conditions for and method of using of these objects according to the procedures specified in  Clause 2, Article 29 of Decree No. 97/2010/ND-
CP. The party that continues such use which is regarded as an infringement of industrial property 
rights of another party and does not enter into the agreement or fails to strictly implement the 
recorded agreement shall be sanctioned in accordance with Decree No. 97/2010/ND-CP. 
8. Notes to be taken when identifying infringements of rights to geographical indications: 
a. Grounds for assessing the confusability of a sign with a geographical indication may be 
applied appropriately like those for assessing the confusability of a sign with a protected mark. 
b. Infringing products or goods may be: 
(i) A product of the same type bearing a si gn identical to a protected geographical 
indication and manufactured in a location in th e area subject to the protected geographical 
indication but not satisfying the condition of spec ial quality bearing such geographical indication; 
(ii) A product of the same type bearing a sign identical or similar to a protected 
geographical indication but not manufactured in a location in the area subject to the protected 
geographical indication, even if such product has corresponding parameters of quality, manufacturing process and product management; 
(iii) A product of the same type bearing a sign identical or similar to a protected 
geographical indication, manufactured in a location in the area subject to the protected geographical indication and satisfying the special quality conditions, but its manufacturer is not 
licensed by the institution managing such geographical indication; 
(iv) A similar product bearing a sign identi cal or similar to a protected geographical 
indication in order to take advantage of the well- known status and reputation of the geographical 
indication and/or misleading as to the geographical origin of the product, regardless of whether the 
manufacturing location of such product is in the area subject to the protected geographical 
indication. 
9. Notes to be taken when identifying infringements of industrial property rights referred 
to in Clause 11, Article 11; Clause 10, Article 12; and Clause 7, Article 14 of Decree 
No. 97/2010/ND-CP: 
a. In case an organization or individual affixe s an infringing sign on products or goods in 
the manufacturing process, a competent agency shall handle the infringer for the manufacturing 
act. 
b. In case an organization or individual does not carry out manufacturing activities but only 
affixes an infringing sign on products or goods or their packages, a competent agency shall handle 
the infringer for the act of affixing the infringing sign. 
10. Notes to be taken when handling infringements of industrial property rights in 
exportation or transit: 
A competent agency shall handle an infringement in the exportation or transit of infringing 
goods in case it has evidence that the declaration of exported or transited goods is untrue for the purpose of putting such goods into circulation in Vietnam. 
11. The reuse, repair or recycling by an organi zation or individual of a product or product 
package bearing a mark, trade name or geographical indication already marketed by the rights holder to create another product is also regarded as an infringement of industrial properly rights or an act of unfair competition if such reuse, repair or recycling misleads consumers as to the 
commercial origin of the product, business entity, business activities or properties of the product 
as defined in relevant regulations on infringement of industrial property rights and unfair competition. IP/N/1/VNM/O/5 
 
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  The provisions of this Clause do not apply in case products bear an explicit notification that 
they or their packages are reused, repaired or recycled and all signs likely to mislead consumers as to the commercial origin of products, business entities, business activities or properties of products as defined in relevant regulations on infr ingement of industrial property rights and unfair 
competition have been removed. 
Article 9. Infringements referred to in Article 13 of Decree No. 97/2010/ND-CP  
1. Infringements referred to in Article 13 of Decree No. 97/2010/ND-CP include cases in 
which organizations or individuals detect stamps, labels or articles bearing counterfeit marks or 
geographical indications which have not yet been affixed on products but there are sufficient grounds to believe that such stamps, labels or articles are to be affixed on products to be marketed (for example, under trading contracts,  printing contracts, written declarations to 
competent agencies, or specimen packages or products affixed with infringing stamps, labels or 
articles which arc currently stored, transported or displayed for sale). 
2. Other stamps, labels or articles referred to in Article 13 of Decree No. 97/2010/ND-CP 
are understood as stamps of various kinds of manufac turers, distributors or importers to be affixed 
on products, including quality control stamps; goods labels; decals; product packages; detachable product parts which cannot be independently circulated, on which counterfeit marks or 
geographical indications are printed, cast or embossed. 
Article 10. Parallel importing  
1. Parallel importing referred to in Clause 2, Article 28 of Decree No. 97/2010/ND-CP 
means importation by organizations or individuals of products already marketed overseas by their 
owners or licensed organizations or individuals, including licensees under compulsory licensing 
decisions, or persons with prior right to use indust rial property objects, without the permission of 
industrial property rights holders. 
2. Organizations and individuals that carry out parallel importing are not administratively 
sanctioned. Below are some examples of parallel importing: 
a. Company A is the owner of an invention pa tent for product X currently under protection 
in Vietnam. Company A authorizes its agent being company B based in Vietnam to exclusively 
import and distribute product X in Vietnam. Company C purchases and imports into Vietnam product X manufactured and sold by company A in an overseas market without the permission of 
companies A and B; 
b. Company A is the owner of the patent for industrial design Y currently protected for 
product G in Vietnam. Company A licenses company B to manufacture product G bearing industrial design Y in Vietnam, and concurrently licenses company C to manufacture product G bearing 
industrial design Y in another country. Company D purchases and imports into Vietnam product G 
bearing industrial design Y manufactured and sold by company C in an overseas market without the permission of companies A, B and C; 
c. Company A is the owner of mark Z protected for product T in a foreign country. 
Company A establishes a branch being company B in Vietnam and permits company B to file a registration application for and hold a registration certificate of mark Z for product T in Vietnam. Company C purchases and imports into Vietnam product T bearing mark Z manufactured and sold 
by company A in an overseas market without the permission of companies A and B. 
Article 11. Unfair competition in the fiel d of industrial properly referred to in 
Article 14 of Decree No. 97/2010/ND-CP  
1. Using misleading trade indications 
a. Entitled to request the handling of the act of using misleading trade indications is 
business entities that have earlier used trade indications stipulated in Clause 2, Article 130 of the 
Law on Intellectual Property extensively and stably in their lawful business activities in Vietnam, 
and have their reputation, goods, and servic es bearing those trade indications known to 
consumers: 
b. Trade indications stipulated in Clause 2, Article 130 of the Law on Intellectual Property 
include industrial property objects (mark, trade name and geographical indication) and the 
following objects: IP/N/1/VNM/O/5 
 
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  (i) "Goods label" which is a handwritten or printed script, drawing or photo of words, 
graphics or images directly stuck, printed, atta ched to, cast, carved or engraved on goods or 
commercial packages of goods or on other materi als affixed on goods or commercial packages of 
goods, showing fundamental and necessary inform ation on goods to help consumers recognize, 
choose, consume and use these goods, manufacturers and traders advertise their goods, and 
functional agencies conduct inspection and control; 
(ii) "Business slogan" which is a phrase appearing beside an enterprise name or a mark of 
an enterprise's product to emphasize the enterprise's business goal or principle or customers 
targeted by the product. 
For example: Bitis': "Nang niu ban chan Viet" (Bitis': "Protect Vietnamese feet"), or Ca phe Trung Nguyen: "Khoi nguon sang tao" (Trung Nguyen coffee: "Creation of 
inspiration sources"); 
(iii) "Business logo" which is a sign, word, graphic or three-dimensional figure uniquely 
designed and used as an enterprise's symbol in its business activities; 
(iv) "Goods package design" which is a design or pattern of goods packages, consisting of 
shapes, lines, graphics, words, numbers, colors, presentation, color mix, layout or a combination of these elements to create a particular impression or feature of goods packages. 
c. Misleading trade indication is a trade indication containing signs (constituents, 
presentation, combination of elements, colors, and general impression on consumers) identical or confusingly similar to a corresponding trade indication of the rights holder requesting the handling of an unfair competition act that is used for identical or similar goods or services. 
T h e  u s e  o f  s u c h  a n  i n d i c a t i o n  a i m s  t o  m i s l ead consumers as to the business entity or 
activities or the commercial origin of goods or services, geographical origin, manufacturing method, properties, quality, quantity or other ch aracteristics of goods or services, or goods or 
service provision conditions. 
d. An entity requesting the handling of unfair competition in using a misleading trade 
indication shall provide evidence to prove that: 
(i) A business entity has used this trade indication widely and stably and is therefore 
known to many consumers in Vietnam, with such evidence as information on advertisement, marketing, display and exhibition; sales; quantity of sold products; system of distribution agents, 
joint ventures and partners; investment scale; evaluations of state agencies and the mass media, 
consumer picks and other information showing the reputation of the business entity associated 
with the trade indication in its business activities in Vietnam; 
(ii) The party requested to be handled has used the misleading trade indication on goods, 
goods packages and means of business, service or advertisement; 
(iii) The party requested to be handled continues to use the misleading trade indication 
despite having been requested by the rights holder to terminate such use or to change the 
indication. 
2. Registering for holding the right to use or using domain names a. Entities that may request the handling of th e act of registering for holding the right to 
use or using domain names are owners of marks, geographical indications or trade names that 
have used these objects widely and stably in their lawful business activities in Vietnam and have 
their well-known status and reputation as indust rial property rights holders and their goods or 
services bearing those marks, geographical indi cations or trade names known to consumers in 
relevant sectors. 
b. Registering for holding the right to use or using domain names is regarded as an act of 
unfair competition in industrial property in Vietnam, except for domain names already allocated 
through auction or competitive examination under Point a, Clause 2, Article 48 of the Law on 
Telecommunications, in any of the following cases: 
(i) Using Vietnam's national domain name ".vn" with wordings identical or confusingly 
similar to a mark, trade name or geographical  indication currently protected and used for 
advertisement or introduction of products, offer for sale or sale of identical, similar or relevant 
goods or services on the website addressed by such domain name; causing confusion and harm to IP/N/1/VNM/O/5 
 
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  the reputation or material interests of the owner of such mark, trade name or geographical 
indication: 
(ii) Registering for holding the right to use Vietnam's national domain name ".vn" with 
wordings identical or confusingly similar to a mark, trade name or geographical indication well-
known or reputable in Vietnam but such domain name has not yet been used for any specific 
activities for more than one year and there is a ground to believe that the registration for holding the right to use such domain name is made only for resale for profits or to prevent the owner of 
such protected mark, trade name or geographical  indication from registering the domain name. 
c. Entities requesting the handling of the act of registering for holding the right to use or 
using domain names which is regarded as an act of unfair competition in industrial property shall provide evidence to prove that: 
(i) The rights holder has used a mark, geographical indication or trade name in a 
widespread and stable manner and has its well-known status and reputation as an industrial property rights holder and its goods or services bearing such mark, geographical indication or 
trade name known to consumers in Vietnam (possibly information on advertisement, marketing, 
display and exhibition; sales; quantity of produc ts sold; system of distribution agents, joint 
ventures and associations; investment scale; evaluations of state agencies and the mass media, 
consumer picks and other information showing the well-known status and reputation of the 
business entity, goods or services bearing such mark, geographical indication or trade name) in its business activities in Vietnam; 
(ii) The party requested to be handled has used the domain name on the Internet for 
advertisement or introduction of products, offer for sale or sale of identical, similar or relevant 
goods or services, causing harm to the reputation or material interests of the owner of the protected mark, trade name or geographical indication. 
The party requested to be handled continues to use a misleading mark, trade name or 
geographical indication through such domain name despite having been notified and offered by the owner of such mark, trade name or geographical  indication to reach agreement on reasonable 
conditions for such use, to which it does not consent; 
(iii) The party requested to be handled has registered but failed to activate within one year 
the domain name with wordings identical to a mark, trade name or geographical indication which is in widespread use and well known and reputable in Vietnam and there is a ground to believe 
that this party has registered for holding the right to use the domain name only for resale for 
profits or to prevent the owner of such protected mark, trade name or geographical indication from registering the domain name, despite having been notified and offered by the industrial property 
rights holder to reach agreement on reasonable conditions for such use, to which it does not 
consent; 
(iv) The party requested to be handled has no rights and legitimate interests related to the 
protected mark, geographical indication or trade name of the rights holder. 
 
Chapter III  
PROCEDURES FOR FILING REQUESTS  AND HANDLING INFRINGEMENTS  
Article 12. Infringement handling re quests and accompanying evidence  
1. Infringement handling requests must satisfy the conditions specified in Article 26 of 
Decree No. 97/2010/ND-CP. 
2. Documents and evidence accompanying requests: 
a. Copies of certificates, protection titles and other documents arc considered valid if rights 
holders produce their originals for comparison or these copies are certified by competent agencies 
or agencies granting their originals. Dossier-receiving officers shall sign for certification in copies 
already compared with their originals for which certification of public notary offices or agencies having granted such certificates or titles is not required. 
b. Reports of rights holders (on turnover, repu tation, advertisement, widely used evidence, 
copies of certificates and protection titles in other countries) to infringement-handling agencies are 
considered valid if these rights holders make commitments to taking legal responsibility for the contents and information of their reports and the re ports bear their or their lawful representatives' IP/N/1/VNM/O/5 
 
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  signatures and seals (if any). For a multi-paper port, the right holder shall initial every page or 
append a seal (if any) on every two adjoining pages. 
This provision also applies to documents provided by parties requested to be handled. Article 13. Filing of infringement handling requests  
1. In an infringement-handling request, th e rights holder may request the handling of: 
a. One or more than one infringement against one or more than one industrial property 
object committed by the same organization or individual; 
b. One or more than one infringement agains t one industrial property object committed by 
more than one organization or individual; 
c. In case of requesting the handling of one or more than one organization or individual 
committing infringements in the same locality, the rights holder is required to file only one request 
with the competent agency in such locality: 
d. In case of requesting the handling of one or more than one organization or individual 
committing infringements in different localities, the right holder may file a request with the 
competent agency in each locality or with a central agency competent to handle infringements in 
these localities. 
2. In case different agencies are competent to handle an infringement, the rights holder 
may choose one of them to file a handling request. 
For example: The Inspectorate of the Ministry  of Science and Technology, the Inspectorate 
of the Ministry of Information and Communications and the Vietnam Competition Authority are all competent to handle acts of unfair competition related to domain names. Rights holders may 
choose one of these agencies to file requests for administrative handling of acts of unfair 
competition related to domain names according to the order and procedures specified in Decree No. 97/2010/ND-CP. 
3. In case a rights holder concurrently files a request with many competent agencies for 
handling of the same infringement, the agency that accepts the request first shall handle the infringement. 
a. Before accepting a case, if the request-receiving agency knows that another competent 
agency or a court has accepted this case, it shall notify its refusal to accept the request. 
b. After accepting a case and before inspecting, examining and handling an infringement, if 
the request-receiving agency knows that another competent agency has inspected, examined and 
handled the infringement or a court is handling the case, it shall notify its refusal to carry out 
infringement handling procedures. 
c. After conducting inspection and examination, if the infringement-handling agency knows 
that another agency has conducted inspection and examination, it shall request the latter to 
coordinate with it in the handling and agree to let either of them carry out sanctioning procedures. In case another agency has handled the infringement but the infringement-handling agency 
detects that an organization or individual is still committing this infringement at the time of 
inspection and examination, it shall handle the infringement with the aggravating circumstance of recidivism. 
d. In the course of infringement handling, if detecting signs of a crime, the infringement-
handling agency shall transfer the case dossier to a competent investigative agency in the locality 
in which the infringement is committed. 
Article 14. Authorized infr ingement handling request  
Powers of attorney for filing of infringement handling requests enclosed with these 
requests must satisfy the conditions specified in Article 25 of Decree No. 97/2010/ND-CP, with attention paid to the following cases: 
1. In case an original power of attorney containing the authorization for carrying out 
procedures for infringement handling and industri al property rights protection and enforcement 
has been enclosed with the dossier previously fi led with the same infringement-handling agency, 
the rights holder shall submit a copy and indicate  where the original power of attorney is filed. IP/N/1/VNM/O/5 
 
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  2. In case an original power of attorney containing the authorization for carrying out 
procedures for infringement handling and industri al property rights protection and enforcement 
has been submitted to the National Office of In tellectual Property or another competent agency, 
the rights holder shall submit a copy certified by the agency keeping the original power of 
attorney. 
Article 15. Examination of in fringement handling requests  
1. In case an infringement handling request pr ovides sufficient evidence of goods bearing a 
counterfeit industrial property object or infringing upon rights to a mark, geographical indication or 
industrial design, a competent agency shall coordinate with the rights holder in inspecting, examining and handling the infringement in accordance with Point d. Clause 2, Article 27 of Decree No. 97/2010/ND-CP. 
2. In case an infringement handling request provides insufficient evidence of goods bearing 
a counterfeit industrial property object or infringing upon rights to a mark, geographical indication or industrial design: or for a request for handling an infringement against an invention, layout 
design, trade name or business secret; or a request for handling an act of unfair competition in 
industrial property, a competent agency may request the involved parties to provide information and evidence and give explanations within 10 days after the date fixed in the notice. If there is a 
plausible reason, it may request in writing a comp etent agency to extend the time limit for reply 
up to 30 days from the date fixed in the initial notice in accordance with Point c, Clause 2 and Point a, Clause 3, Article 27 of Decree No. 97/2010/ND-CP. 
a. In case the involved parties have given explanations at the request of the competent 
agency but new circumstances and evidence ap pear in the case, the competent agency may 
request them to give explanations and counter-e xplanations and provide additional evidence in 
accordance with Clause 6, Article 28 of Decree No. 97/ 2010/ND-CP within the time limit 
prescribed above. 
The involved parties may provide to the competent agency written expertise opinions of 
the state management agency in charge of indust rial property, written conclusions of industrial 
property assessment, the dispute settlement decision, decisions on the handling of related or 
similar infringements of competent agencies, and other documents and evidence to support their requests, arguments and explanations and clarify the circumstances of their case. 
b. In case written explanations of the involved parties cannot help clarify the 
circumstances of their case and at the request of one party or parties, the competent agency shall 
work directly with these parties. The minutes of this working session recording opinions of the involved parties shall be regarded as an evidence for settling the case; 
c. In case the involved parties are able to reach agreement on a measure to settle the 
case in compliance with the intellectual properly law which does not affect the rights and interests of a third party, consumers and the society, the competent agency shall recognize such agreement 
and notify the termination of the settlement of th e case in accordance with Clause 2, Article 29 
and Point c. Clause 2, Article 30 of Decree No. 97/2010/ND-CP. 
Article 16. Provision of inform ation for infringement handling  
1. At the request of industrial property ri ghts holders or persons competent to settle 
disputes or sanction infringements from other agencies or institutions under Clause 5, Article 28 of 
Decree No. 97/2010/ND-CP, the agency with infr ingement handling competence shall provide 
copies of minutes, documents, samples and photos related to the infringement handling, provided 
that the provision of such information and documents does not affect the effectiveness of the case 
settlement and such information and documents are not confidential as prescribed by law. 
2. In case of receiving infringement handling requests specified in Article 26 of Decree 
No. 97/2010/ND-CP, the agency with sanctioning competence shall send written conclusions, 
sanctioning decisions, or notices of refusal or suspension of the infringement handling to infringement handling requesters according to the procedures specified in Clause 4, Article 33 of Decree No. 97/2010/ND-CP. 
Article 17. Coordinated handling of infr ingements related to enterprise names  
1. When receiving a request for handling an act of infringing upon industrial property rights 
to a mark, geographical indication or trade name or an act of unfair competition in industrial 
property related to an enterprise name, a competent agency may request the party requested to 
be handled to provide information, documents and evidence and give explanations in accordance IP/N/1/VNM/O/5 
 
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  with Point a, Clause 3, Article 27 of Decree No. 97/2010/ND-CP, or conduct inspection, 
examination, verification or collection of evidence. After examining documents and evidence, this agency shall issue one of the following documents: 
a. A written conclusion on whether or not the use of the enterprise name infringes upon 
industrial property rights, which assesses and concludes whether or not the enterprise name 
contains elements infringing upon the rights to a protected mark, geographical indication or trade name, and whether or not the use of the enterprise  name on goods, means of business or service, 
signboards or transaction documents in the related business sector is regarded as an act infringing 
upon industrial property rights or of unfair competition; 
b. A decision on sanctioning of administrative violation according to its competence, 
stating the forcible change of the infringing enterprise. 
2. In case the agency competent to handle infringements issues a written conclusion that 
the use of the enterprise name constitutes an infringement in accordance with Point a, Clause 1 of this Article, it shall send such conclusion to the rights holder and the infringer and create 
conditions for them to reach agreement or nego tiate within 15 days after receiving the written 
conclusion; 
a. In case the involved parties are able to reach agreement and propose an appropriate 
measure to settle their case under the intellectual properly law which does not affect the rights 
and interests of a third party, consumers and society under Clause 2, Article 29 of Decree 
No. 97/2010/ND-CP, the competent agency shall i ssue a notice acknowledging the agreement and 
terminate the settlement of the case; 
b. In case the involved parties fail to reach agreement within the prescribed time limit. the 
infringement handling requester shall send the written conclusion that the use of the enterprise name infringes upon industrial property rights under Point a, Clause 1 of this Article, enclosed with 
a request for the business registry office to request the enterprise with the infringing name to 
change its name under Article 17 of the Government's Decree No. 43/2010/ND-CP of April 15, 2010, on enterprise registration (below referred to as Decree No. 43/2010/ND-CP): 
c. In case the enterprise with the infringing name fails to change its name under Point a of 
this Clause, the business registry office shall notify such to the competent agency to conduct 
inspection, examination and handling under Decree No. 97/2010/ND-CP. 
3. In case the agency competent to handle infringements issues a decision on sanctioning 
of administrative violation under Point b, Clause 1 of this Article: 
a. It shall send such decision to the involved parties and the business registry office to 
request the enterprise with the infringing name to change its name under Article 17 of Decree 
No. 43/2010/ND-CP; 
b. In case the enterprise with the infringing name fails to change its name under Point a of 
this Clause, the business registry office shall base itself on the sanctioning decision to publish 
information on the sanctioning of the enterprise on the national enterprise registration portal. 
Article 18. Coordinated handling of in fringements related to domain names  
1. When receiving a request for handling an act of unfair competition related to a domain 
name, the agency competent to handle infringements may request the party requested to be 
handled to provide information, documents and evidence and give explanations under Point a. 
Clause 3, Article 27 of Decree No. 97/2010/ ND-CP, or conduct inspection, examination, verification or collection of evidence. After examining documents and evidence, this agency shall 
issue one of the following documents: 
a. A written conclusion on whether or not the domain name is identical or confusingly 
similar to a protected mark or trade name of another entity or a geographical indication which this 
party has no right to use; and whether or not the registration for holding the right to use or using 
the domain name is regarded as an act of unfair competition in industrial property; 
b. A decision on sanctioning of administrative violation according to its competence, slating 
the revocation of the infringing domain name. 
2. In case the competent agency issues a written conclusion that the domain name is 
infringing under Point a, Clause 1 of this Article, it shall send such conclusion to the rights holder IP/N/1/VNM/O/5 
 
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  and infringer and create conditions for these parties to reach agreement and negotiate within 
30 days after receiving such conclusion. 
a. In case the involved parties are able to reach agreement and propose an appropriate 
measure to settle their case under the intellectual property law which does not affect the rights 
and interests of a third party, consumers and the society under Clause 2, Article 29 of Decree 
No. 97/2010/ND-CP, the competent agency shall i ssue a notice acknowledging the agreement and 
terminate the settlement of the case; 
b. In case the involved parties fail to reach agreement within the prescribed time limit, the 
competent agency shall inspect, examine and handle the infringement. 
3. In case the competent agency issues a decision on sanctioning of administrative 
violation staling the revocation of the infringing domain name, if the party obliged to execute such 
decision or a decision on handling of competition case fails to voluntarily do so within one year 
after such decision takes effect, the competent agency shall send a written request to the Vietnam Internet Network Information Center to revoke the domain name. The order and procedures for 
revoking domain names comply with the laws on information technology, telecommunications and 
the Internet and the Ministry of Information and Communications' regulations on management and use of Internet resources. 
Article 19. Coordinated handling of infrin gements related to products and goods 
that might affect health, the environment and social safety  
1. When receiving an infringement handling request or upon detecting an act infringing 
upon industrial properly rights related to products and goods which might affect health, the 
environment and social safety specified at Point b, Clause 3, Article 24 of Decree No. 97/2010/ 
ND-CP, an agency competent to handle with infringements may request the party requested to be handled to provide information, documents and evid ence and give explanations in accordance with 
Point a. Clause 3, Article 27 of Decree No. 97/2010/ND-CP, or coordinate with the rights holder in 
conducting inspection, examination, verification and collection of evidence. After examining documents and evidence, this agency shall issue one of the following documents: 
a. A written conclusion on an infringement of industrial property rights; 
b. A decision on sanctioning of administrative violation according to its competence. 2. In case the competent agency issues a written conclusion on an infringement of 
industrial property rights mentioned at Point a. Clause I of this Article, it shall send such 
conclusion to the rights holder and infringer and create conditions for them to reach agreement or 
negotiate within 30 days after receiving such conclusion. 
a. In case the involved parties are able to reach agreement and propose an appropriate 
measure to settle their case under the intellectual property law which does not affect the rights 
and interests of a third party, consumers and the society under Clause 2, Article 29 of Decree No. 97/2010/ND-CP, the competent agency shall i ssue a notice acknowledging the agreement and 
terminate the settlement of the case; 
b. In case the involved parties fail to reach agreement within the prescribed time limit, the 
competent agency shall inspect, examine and handle the infringement. 
3. The competent agency shall send the wri tten conclusion on the infringement, notice 
acknowledging the agreement between the parties or  decision on sanctioning of administrative 
violation to the state management agency in charge of the relevant sector for coordinated handling of the infringement through considering and refusing to grant, extend or invalidate product 
circulation permits under law. 
Article 20. Handling of cases involving disputes  
1. When a dispute specified in Clause 1, Article 29 of Decree No. 97/2010/ND-CP arises, 
an agency competent to accept the case 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 ownership right, use right and transfer or licensing of rights to the object 
currently subject to a dispute, complaint to denunciation; 
b. Scope of protection of relevant industrial  property rights; scope of and conditions for 
application of regulations on cases not regarded as infringements of industrial property rights; IP/N/1/VNM/O/5 
 
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  c. Possibility of terminating or invalidating the protection title or changing the scope of 
protection of related industrial property rights. 
2. Cessation of infringement handling when a dispute specified at Point a. Clause 2. 
Article 30 of Decree No. 97/2010/ND-CP arises: 
a. The competent agency may consider ceasing the infringement handling after accepting 
an infringement-handling request in the following cases: 
(i) When it receives from an agency co mpetent to carry out rights establishment 
procedures a notice of acceptance of a request for termination or invalidation of a protection title, 
a complaint about the protection scope of industrial property rights to the object stated in the infringement handling request; or a court's decision on acceptance of an infringement case; or a complaint about or a dispute over industrial property rights to the object stated in the infringement 
handling request; 
(ii) When it finds that the case is related to a contractual dispute between the involved 
parties over the right to use the industrial property object. 
b. A notice of cessation of infringement handling must clearly state the ground and reason 
for and period of cessation, and the rights and obli gations of the involved parties, and be sent to 
the infringement handling requester, the party requested to be handled and the agency competent 
to settle disputes and complaints. 
3. The competent agency shall request the rights holder to give explanations and make 
commitments under Point b, Clause 1, Article 29 of Decree No. 97/2010/ND-CP and consider handling the infringement base d on the following grounds: 
a. The party requested to be handled for infringement has filed a request for termination 
or invalidation of the protection title but the competent agency has not yet accepted such request: 
b. The party requested to be handled for infringement has filed an application for 
registration of protection of the object stated in the infringement handling request with the agency 
establishing industrial properly rights but has not yet obtained a decision on the grant of a protection title; 
c. The infringement handling requester requests further handling and commits to paying 
compensations under Point b, Clause 2, Article 35 of Decree No. 97/2010/ND-CP in case the decision on sanctioning of administrative violation is modified, cancelled or invalidated under a dispute settlement decision of a competent agency. 
4. Refusal to handle infringements 
Before issuing a notice of acceptance of an infringement-handling request, if the 
infringement-handling agency receives a written notice of request acceptance of a competent 
agency specified at Point a, Clause 2 of this Articl e, it shall issue a notice of refusal to handle the 
infringement under Point a. Clause 1, Article 30 of Decree No. 97/2010/ND-CP. 
Article 21. Collection, remittance, ma nagement and use of fines paid for 
administrative violations  
The collection, remittance, management and use of fines paid for administrative violations 
in industrial property and issuance of fine receipts comply with Decree No. 124/2005/ND-CP of 
October 6, 2005, providing fine receipts, management and use of fines for administrative 
violations and the Ministry of Finance's Circul ar No. 47/2006/TT-BTC of March 31, 2006, guiding a 
number of provisions of Decree No. 124/2005/ND-CP. 
Article 22. Responsibility of rights holders to support the inspection, 
examination, verification an d handling of infringements  
1. Rights holders that file infringement handling requests may propose contents of 
cooperation in technical assistance, including information, documents, vehicles, technical 
equipment and support funds, for competent agencies to investigate, verify and collect evidence 
and dispose of material evidence and implements used in infringements under Point d, Clause 2, Article 27; Clause 5, Article 36; and Clause 3, Article 37 of Decree No. 97/2010/ ND-CP. 
2. Support funds for the investigation, verification and collection of evidence and disposal 
of material evidence and implements used in industrial property infringements referred to in 
Clause 1 of this Article shall be regarded as reasonable expenses for the protection of industrial IP/N/1/VNM/O/5 
 
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  property rights and accounted as production costs under Article 32 of amended Decree 
No. 103/2006/ND-CP 
3. Agencies competent to handle infringements shall use support funds on the following 
principles: 
a. Using these funds only for cooperation and assistance activities proposed by rights 
holders that file infringement handling requests, provided that these cooperation and assistance activities are not against the law; 
b. Assuring these funds is transparently used and is not paid for expenses covered by the 
state budget, and keeping separate accounting books to monitor them; 
c. At the end of a fiscal year, reporting the use of these funds to immediate superior 
finance agencies for monitoring and control. 
 
Chapter IV  
COME INTO EFFECT  
Article 23.  This Circular shall take effect 45 days from the signing date. Pending cases as 
of the effective date of this Circular  shall be handled under this Circular. 
Any problems or difficulties arising in the course of implementation should be reported to 
the Ministry of Science and Technology for timely consideration and settlement. 
  
  MINISTER OF SCIENCE AND TECHNOLOGY 
 
(signed)  
  
Nguyen Quan  
 
 
__________