IP/N/1/VNM/O/12  
 
16 October 2013  
(13-5681)  Page: 1/8  
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.: 01/2008/TT-
BKHCN guiding the grant and withdrawal of industri al property assessor cards and certificates for 
industrial property assessment organizations, 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° 01/2008/TT-BKHCN donnant des orientations pour l'octroi et le retrait des cartes d'évaluateur de la propriété industrielle et des certificats destinés aux organismes d'évaluation 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 
V
IET NAM 
En el presente documento se reproduce el texto1 de la traducción no oficial de la Circular 
Nº 01/2008/TT-BKHCN que establece directrices para la concesión y revocación de la tarjeta de evaluador de la propiedad industrial y del certificado de organización de evaluación 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/12 
 
- 2 - 
 
   
MINISTRY OF SCIENCE AND 
TECHNOLOGY 
———— 
No.: 01/2008/TT- BKHCN 
 SOCIALIST REPUBLIC  OF VIET NAM 
Independence – Freedom – Happiness 
————————————— 
Ha Noi, 25 February 2008  
 
CIRCULAR 
Guiding the grant and withdrawal of industri al property assessor cards and certificates 
for industrial property assessment organizations 
 
Pursuant to the Decree No. 54/2003/ND-CP dated 19 May 2003 by the Government 
stipulating functions, tasks, competence and organizational structure of the Ministry of Science and Technology and the Decree No. 28/2004/ND-CP dated 16 January 24004 by the Government 
supplementing and amending a number of ar ticles of the Decree No. 54/2003/ND-CP; 
 Pursuant to the Decree No. 105/2006/ND-CP dated 22 September 2006 by the 
Government providing details and guiding implementation of several articles in the Intellectual 
Property Law on protection of intellectual property rights and state management on intellectual property; 
 
The Ministry of Science and Technology prov ides guidance on granting and withdrawing 
industrial property assessor cards and industrial property assessment organization certificates (hereafter referred to as "industrial proper ty assessment organizations") as follows: 
 
I. CONDITIONS AND FORMS OF INDUSTRIAL PROPERTY ASSESSMENT PRACTICES  
1. Subjects of industrial property assessment 
 Industrial property assessment stipulated at Item 2.b, Article 39 of the Decree 
No. 105/2006/ND-CP consists of the following:  
 
a) Assessment of inventions and semi-conductor integrated circuit layout designs;  
b) Assessment of industrial designs; 
 c) Assessment of trademarks and geographical indications; 
 
d) Assessment of other industrial property rights.  2. Conditions for granting indu strial property assessor cards 
 
The conditions for granting industrial property assessor cards (hereafter referred to as 
"assessor cards") as stipulated at Article 44.3 of the Decree No. 105/2006/ND-CP can be 
interpreted as follows: 
 a) Being a university graduate in the assessment subject can be interpreted as a person 
having bachelor or master degrees in engineering, physics, chemistry or biology for assessment of 
inventions and semi-conductor integrated circuit layout designs; a person having bachelor or master degrees in any field for other assessment subjects. 
 
b) Having virtuous characters can be interpreted as a person having not been subject to 
any administrative violations for violating industrial property rights or professional ethics nor accused of criminal liability nor suspected guilty. 
 
c) Being qualified in industrial property field can be interpreted as a person granted with 
eligibility certificate for industrial property assessment as stipulated at II.6.c of this Circular. 
 IP/N/1/VNM/O/12 
 
- 3 - 
 
  3. Operational conditions for industri al property assessment organizations 
 Science and technology organizations and businesses are eligible for industrial property 
assessment practices if they fully meet requirements as stipulated at Item 2 and 3, Article 42 of 
the Decree No. 105/2006/ND-CP, in which "Busine ss license for industrial property assessment 
operation under current law" is the Qualified certificate for industrial property assessment granted under Item IV.3 of this Circular (hereafter referred to as "certificate for assessment 
organizations"). 
 4. Forms of industrial property assessment practices  
Individuals granted with assessor cards shall choose only one of the two practical forms 
stipulated in Article 44.1 of the Decree No. 105/20 06/ND-CP. If an  individual chooses the form of 
industrial property assessment organization, he/she must be acknowledged in the list of assessors 
of that organization under the procedures of granting certificate for assessment organizations and 
the practical form shall be acknowledged in the lis t of industrial property assessors described at 
Item III.6 of this Circular. 
 
II. PROFESSIONAL EXAMINATION ON INDUSTRIAL PROPERTY ASSESSMENT  1. Contents and persons exempted from the examination for industrial property 
assessment 
 a) Contents of examination for industrial property assessment as stipulated in 
Article 44.3.d of the Decree No. 105/2006/ND-CP incl ude subjects on industrial property law and 
other subjects on industrial property assessment. 
 
b) The subject on industrial property law is compulsory for all assessors. 
 A person having at least 15 consecutive year s of experience in drafting and guiding 
implementation of legal documents on industrial property; examining industrial property; settling 
disputes, appeals and inspects on industrial property in the state management of industrial 
property agencies; doing researches and teaching  law on industrial property in legitimate 
education and training organizations shall be exempted from the subject on industrial property 
law. 
 c) Subjects on industrial property assessm ent including assessment of inventions (and 
utility solutions) and semi-conductor integrated circuit layout designs, industrial designs, 
trademarks and geographical indications (and appell ations of origins) and other industrial property 
subject matters shall be included in the examination. 
 
A person having at least 15 consecutive years of experience in providing explanation, 
guiding implementation of legal provisions, drafting regulations, directly involving or carrying out substantive examination of inventions (and utility solutions), industrial designs, trademarks and 
geographical indications (and appellations of origins) in national or international industrial property 
offices shall be exempted from taking th e examination for corresponding assessment. 
 
2. Professional Examination Council for industrial property assessment 
 a) Upon the request of the National Office of Intellectual Property (NOIP), the Minister of 
Science and Technology will issues a decision on establishment of a Professional Examination 
Council for industrial property assessment (hereafter referred to as "the Examination Council"). 
Chairman of the Examination Council shall be the Director General of NOIP, members of the Examination Council should be experienced and pr estigious in the field of industrial property. 
 
b) The Examination Council shall be responsible for preparing tests (including answer keys 
and grades), organizing examinations and evaluating the results as stipulated at Items II.3, 5 and 
6 of this Circular.  
 c) The Examination Council shall have rights to use NOIP stamp to serve the examination 
of industrial property assessment. 
 IP/N/1/VNM/O/12 
 
- 4 - 
 
  d) NOIP shall provide supports to the Examination Council and bear responsibilities as 
stipulated at Items II.3 and 5 of this Circular and other responsibilities under assignments of the Chairman of the Examination Council. 
 
3. Organization of the examination 
 a) NOIP shall publicize all information related to the examination on its website and a 
central daily newspaper on 3 consecutive editions, notifying conditions for participating the 
examination, procedures for examination registration, subjects for examination, time and venue of examination. 
 
b) The examination shall take place within th ree months since the date when registration 
dossiers of at least five applicants are accepted according to Item II.5a of this Circular. 
 
c) The test shall be randomly selected from the test bank systems by the Chairman of the 
Examination Council as mentioned at Item II.2b of this Circular. 
 
4. Registration dossier 
 Registration dossiers shall consist of following documents:  
a) Registration form as attached in the Annex I of this Circular; 
 b) A copy (with public notary) of th e undergraduate or graduate degrees; 
 
c) Confirmation of working duration by applic ant's employer if he/she requests exemption 
for subjects as mentioned at Item II.1b,c of this Circular; 
 
d) 02 pictures of 3 x 4 cm;  e) Receipts of fees and charges. 
 
5. Competence, procedures for checking registration dossiers 
 
NOIP is the receiving office of registration dossiers. Within 15 days as of the receiving 
date, NOIP shall be responsible for checking registration dossiers in compliance with the following provisions:  
 
a) If the dossier is sufficient as provided at  Item II.4 of this Circular and the applicant 
fulfills requirements to take the examination, the NOIP's Director General shall deliver a notification on acceptance of the dossier which clarifies whether Examination schedule is fixed or 
cannot be fixed due to inadequate number of examinees  as regulated at Item II.3b of this Circular. 
 b) If the dossier is insufficient or the applic ant does not fulfill requirements to take the 
examination, the NOIP's Director General shall de liver a notification on temporary refusal of the 
dossier which clarifies reasons and sets a one month time limit for the applicant to make supplements or objections. If the deadline is over and neither does the applicant make any 
amendments or objections nor are the amendments or objections satisfactory, the NOIP's Director 
General shall deliver an official notification on refusal of the dossier indicating clear reasons for refusal. 
 
6. Evaluation of the test 
 a) The test shall be marked basing on answer  keys and grades of the subject. The results 
shall be checked and approved by the Chairman of the Examination Council. 
 b) Those obtaining the mark of average upward s or being exempted from taking the test 
of any subject shall be considered as being qualified at that subject. 
 c) Within two months since the Examination date, the Chairman of the Examination 
Council shall inform test results to examinees and grant certificates for industrial property 
assessment to qualified people as mentio ned in the Annex V of this Circular). IP/N/1/VNM/O/12 
 
- 5 - 
 
   
The certificates include information of the assessment subject corresponding to exam 
subjects and shall be valid (to make a request for granting assessor cards) in one year since the date of issuance. 
 
d) Within 15 days since the announcement of test results, the examinees have rights to 
request the Examination Council to re-check the test with fees payment under the said provisions. 
Re-checking shall be carried out according to marking principles. 
 III. COMPETENCE, PROCEDURES FOR THE GRANT AND WITHDRAWAL OF 
ASSESSOR CARDS 
 
1. Competence for the grant, re-grant, an d withdrawal of assessor cards; making 
and publishing the list of in dustrial property assessors 
 
The NOIP's Director General shall be competent to grant, re-grant, withdraw assessor 
cards, to make and publish the list of industrial property assessors under Item III.3, 4, 5 and 6 of 
this Circular. 
 NOIP shall receive and examine applications requesting for the grant, re-grant, withdrawal 
of assessor cards in accordance with Item III.2, 3 and 4 of this Circular. 
 
2. Applications for granting assessor cards  
Dossiers applied for assessor cards consist of the following documents: 
 a) A declaration form as attached in the Annex II of this Circular; 
 
b) The original or copy of qualified certificate for industrial property assessment issued by 
the Chairman of the Examination Council as stipulated in Item II.6.c of this Circular; 
 
c) A copy of identification card (ID); 
 d) 02 photos of 3x4 cm size; 
 
e) Receipts of paid fees and charges.  
3. Procedures for granting assessor cards 
 Within one month as of the receiving date, NOIP shall examine dossiers in accordance with 
the following provisions: 
 
a) If a dossier satisfies provisions under Item III.2 of this Circular and the applicant fulfills 
requirements under Item I.2 of this Circular, th e NOIP's Director General shall grant the assessor 
card in which full name, permanent home address, ID number and assessment subject of the 
assessor shall be specified. 
 
b) If the dossier is insufficient and the applicant does not fulfill requirements under 
Item I.2 of this Circular, the NOIP's Director  General shall issue a temporary refusal of the 
application indicating reasons for refusal and set a one month time limit for the applicant to make amendments or objections. 
 
If the time limit is over and neither do es the applicant make any amendments or 
objections nor are the amendments or objections satisfactory, the NOIP's Director General shall 
issue a decision on refusal of the application in which reasons for refusal shall be specified. 
 c) The assessor card shall be made according to the form attached in Annex IV of this 
Circular. 
 IP/N/1/VNM/O/12 
 
- 6 - 
 
  4. Re-granting of assessor cards 
 a) Upon request of the assessor, the NOIP's Director General shall decide to re-grant 
assessor's card in case it was lost, mistaken or too defected (torn-out, contaminated or faded) to 
be used; or the information in the card is changed under Item III.3a of this Circular. 
 b) The assessor has rights to request NOIP to re-grant a new assessor card in which 
changes mentioned in the (a) are acknowledged. 
 c) Provisions under Item III.2 and 3 shall be applied for re-granting assessor card; the 
time for examination shall be within 15 days as of the date in which NOIP receives the dossier. 
 
d) If the defect of the assessor card is caused by NOIP, it shall be responsible for re-
granting the card free of charge within five days after receiving the request. 
 
5. Withdrawal of assessor cards  
The NOIP's Director General shall issue a decision on the withdrawal of assessor card in 
the following cases: 
 a) There is evidence showing that the assessor card is granted illegally; 
 
b) The owner of the assessor card no long er complies with regulations provided in 
Article 44.3 of the Decree No. 105/2006/ND- CP and Item I.2 of this Circular; 
 
c) The owner of the assessor card is deprived of the right to use the Card in an indefinite 
time by a competent agency as stipulated in Article 8.2 of the Decree No. 106/2006/ND-CP dated 
22 September 2006 by the Government on settlement of administrative violations on industrial 
property; 
 d) The owner of the assessor card stops carrying out assessment operation. 
 
6. Making and publishing the List of indu strial property assessors, notification on 
change of information in assessor's cards 
 
a) NOIP shall make a List of industrial property assessors; acknowledge, eliminate names 
of assessors from the List of industrial property assessors according to decisions on the grant, re-
grant, withdrawal of assessor card; acknowledge the performance of assessors complying with the 
List of industrial property assessment organizations under Item IV.6 of this Circular. The List of industrial property assessors and the List of indust rial property organizations shall be published in 
the Industrial Property Gazette and on the website of NOIP.  
 
b) NOIP shall notify to provincial Departments of Science and Technology on changes 
relating to assessor card of assessors operating at local industrial property assessment 
organizations to serve the grant, re-grant and withdrawal of Certificate of assessment 
organizations at local level. 
 
IV. COMPETENCE, PROCEDURES FOR THE GRANT AND WITHDRAWAL OF 
CERTIFICATE FOR ASSESSMENT ORGANIZATIONS 
 1. Competence for the grant, re-grant, withdrawal of Certificate for assessment 
organizations, making and publishing the List of industrial property assessment 
organizations 
 
a) The NOIP's Director General shall be competent to grant, re-grant, withdraw Certificate 
of assessment organizations, to make and publis h the List of industrial property assessment 
organizations as stipulated in Item IV.3, 4, 5 and 6 of this Circular for organizations registering for 
scientific and technological operation at the Ministry of Science and Technology. 
 b) Director Generals of Science and Technology Departments shall be competent to grant, 
re-grant, withdraw Certificate for assessment organizations, to make and publish the List of 
industrial property assessment organizations as stip ulated in Item IV.3, 4, 5 and 6 of this Circular IP/N/1/VNM/O/12 
 
- 7 - 
 
  for organizations registering for scientific and technological operation at the Ministry of Science 
and Technology. 
 c) NOIP and Departments of Science and Technology shall receive and examine 
applications for Certificates for assessment organizations at their corresponding competence as 
stipulated in (a) and (b) being mentioned above. 
 
2. Applications for Certificat es for assessment organizations 
 Applications for Certificate for assessment organizations shall consist of the following 
documents:  
 
a) An application form requesting for the Certificate for assessment organizations as 
attached in the Annex III of this Circular; 
 
b) A copy (with public notary) of Registrati on for scientific and technological operation 
stipulated in Article 42.3.b of Decree No. 105/2006/ND-CP; 
 
c) A copy (with public notary) of decision for employment or labor contract between the 
industrial property assessment organization and the assessor who works for the organization; 
 
d) Receipts of paid fees and charges. 
 3. Procedures for granting Certif icates for assessment organizations 
 
Within one month as of the receiving date, the NOP and Departments of Science and 
Technology shall examine applications under the following provisions: 
 
a) If dossiers satisfy provisions under Item IV.2 of this Circular or the organizations fulfill 
requirements under Item I.3 of this Circular, the NOIP's Director General and the Director Generals of Science and Technology Departments shall grant Certificates for assessment organizations, in 
which name, address of the organization, assessment subjects corresponding to its assessor's 
fields and the list of industrial property assessors being members of the organization shall be specified.  
 
b) If applications are insufficient or organizations do not fulfill requirements under Item I.3 
of this Circular, the NOIP's Director General, the Director Generals of Science and Technology 
Departments shall issue a temporary refusal of the applications, in which reasons for refusal shall 
be clarified and a deadline of one month since th e issuance of the notification shall be set for 
applicants to make amendments to their dossiers or objections against the refusal. In case, the deadline is over and neither does the organization make any amendments or objections nor are 
the amendments or objections satisfactory, the NOIP's Director General, the Director Generals of 
Science and Technology Departments shall issue a decision to refuse granting Certificates to assessment organizations, in which reasons for refusal shall be specified.  
 
c) Certificates for assessment organizations shall be made according to the sample form 
attached in the Annex IV of this Circular. 
 
4. Re-granting Certificate fo r assessment organizations  
 a) Upon request of assessment organizations, the NOIP's Director General, the Director 
Generals of Science and Technology Departments shall issue decisions on re-granting Certificates 
for assessment organizations in case Certificates were lost, mistaken or too defected (torn-out, contaminated or faded) to be used; or the information contained in Certificates are changed under 
Item IV.3a of this Circular. 
 b) Assessment organizations are supposed to request NOIP for new Certificates in which 
changes mentioned in item a above are acknowledged. 
 c) Provisions under Item IV.2 and 3 of this Circular shall be applied for re-granting 
Certificates for assessment organizations; examination of dossiers shall be within 15 days since 
NOIP, the Departments of Science and Technology  receives applications. IP/N/1/VNM/O/12 
 
- 8 - 
 
   
d) If the defect of Certificates for assessment organizations is caused by NOIP or the 
Departments of Science and Technology, the granting  authority shall be responsible for re-granting 
Certificate free of charge within five days afte r being requested by the assessment organization. 
 
5. Withdrawal of Certificates  for assessment organizations 
 
The NOIP's Director General, the Director Generals of Science and Technology 
Departments shall issue a decision on withdrawal of Certificate in the following cases: 
 a) There is evidence showing that Certificates are granted illegally; 
 
b) Organizations no longer comply with regula tions provided in Item I.3 of this Circular; 
 
c) Organizations stop carrying out assessment operation. 
 6. Making and publishing the List of industrial property assessment 
organizations, notifying changes concerning  Certificate for assessment Organizations  
 a) NOIP shall make a List of industrial property assessing organizations, acknowledge, 
eliminate names of assessment organizations from  the List of industrial property assessment 
organizations according to decisions on the grant, re-grant, withdrawal of Certificate for 
assessment organizations; and publish the List in the industrial property Gazette and on the website of NOIP. 
 
b) The Departments of Science and Technology shall notify NOIP on the grant, re-grant, 
withdrawal of Certificate for assessment organizations to serve the establishment of the List of 
industrial property assessing organizations as stipulated in (a) of this article. 
 V. IMPLEMENTATION  
1. Appeal and denouncement 
 Appeals, settlement of appeals; denouncement , settlement of denouncement for infringing 
acts concerning procedures for the grant, re-grant, withdrawal of assessor cards and Certificates 
for assessment organizations shall be implemented under the appeal law. 
 
2. Fees and charges 
 Collecting, paying, managing and using fees and charges for assessment examination, 
examination of dossiers, granting, re-granting Assessor's Cards and Certificates for assessment 
organizations as stipulated in this Circular shall be temporarily applied under the provisions 
corresponding to industrial property servic es in Circular No. 132/2004/TT-BTC dated 
30 December 2004 by the Ministry of Finance on gu iding the collecting, receiving, managing and 
using industrial property fees and charges until stated otherwise. 
 3. Validity 
 
This Circular comes into effect 15 days after its publication in "CONG BAO". Any problem 
araised in the implementation process should be reported to the Ministry of Science and 
Technology for solutions. /. 
 
FOR THE MINISTER 
VICE-MINISTER 
 
(signed) 
 
Nguyen Quan 
 
__________