IP/N/1/VNM/5  
 
3 October 2013  
(13-5339)  Page: 1/5  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
VIET NAM 
By means of a communication  submitted on 14 August 2013, the Delegation of Viet Nam has 
notified the following legislation.   
 
_______________ 
 
 
LIST OF "OTHER LAWS AND REGULATIONS" 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE 
  
 
BRIEF DESCRIPTION  
 
 Copyright and related rights 
 Decree No. 85/2011/ND-CP
1 dated 
September 20, 2011 of the Government amending and supplementing a number of 
articles of the Government's Decree 
No. 100/2006/ND-CP of September 21, 2006, detailing and guiding a number of articles of 
the Civil Code and the Intellectual Property 
Law regarding copyright and related rights.  
The Decree was signed on September 20, 2011 
and entered into force on November 10, 2011.   
 
 
This Decree amends and supplements a number of articles of the Government's Decree No. 100/2006/ND-CP of September 21, 2006, 
detailing and guiding a number of articles of 
the Civil Code and the Intellectual Property Law regarding copyright and related rights. 
                                               
1 See document IP/N/1/VNM/O/2. IP/N/1/VNM/5 
 
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TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE 
  
 
BRIEF DESCRIPTION  
 
 Plant varieties protection 
 
Decree No. 88/2010/ND-CP2 dated 
August 16, 2010 of the Government detailing and guiding a number of articles of the Law on 
Intellectual Property and the Law amending 
and supplementing a number of articles of the Law on Intellectual Property regarding rights to 
plant varieties. 
 The Decree was signed on September 20, 2011 and entered into force on October 1, 2010.  
  
This Decree details and guides a number of 
articles of the Law on Intellectual Property and the Law Amending and Supplementing a 
N u m b e r  o f  A r t i c l e s  o f  t h e  L a w  o n  I n t e l l e c t u a l  
Property regarding rights to plant varieties, covering responsibilities for state management 
of rights to plant varieties order of and 
procedures for establishing rights to plant varieties; rights and obligations of plant variety protection certificate holders and plant variety 
breeders; licensing and assignment of rights to 
protected plant varieties; and representation of rights to plant varieties. 
 
 Administrative procedures 
 
Decree no. 97/2010/ND-CP3 dated 
September 21, 2010 of the Government on 
sanctioning of administrative violations in 
industrial property.  
The Decree was signed on September 21, 2010 
and entered into force on November 9, 2010.   
 
 This Decree specifies acts of administrative violation in industrial property, sanctioning 
forms and levels, remedies; procedures for 
filing written requests for handling of violations; competence and procedures for 
settling written requests for handling of 
violations; sanctioning competence and procedures and enforcement of decisions to 
sanction administrative violations in industrial 
property . 
 
 Circular No. 37/2011/TT-BKHCN
4 dated 
December 27, 2011 of the Minister of Science 
and Technology guiding the implementation of 
a number of articles of the Government's Decree No. 97/2010/ND-CP dated 
September 21, 2010, on sanctioning of 
administrative violations in industrial property.  The Circular was signed on December 27, 2011 
and entered into force after 45 days as of the 
signing date.   
The Circular provides guidance on the implementation of a number of articles of the 
Government's Decree No. 97/2010/ND-CP 
dated September 21, 2010, on sanctioning of administrative violations in industrial property. 
                                               
2 See document IP/N/1/VNM/O/3. 
3 See document IP/N/1/VNM/O/4. 
4 See document IP/N/1/VNM/O/5. IP/N/1/VNM/5 
 
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TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE 
  
 
BRIEF DESCRIPTION  
 
 Circular No. 12/2008/TT-BCT
5 dated 
October 22, 2008 of the Ministry of Industry 
and Trade guiding the order of and procedures 
for the Market Surveillance Agencies to receive and accept for settlement written requests for 
handling of administrative violations in the field 
of intellectual property.  
The Circular was signed on October 22, 2008 
and entered into force after 15 days as of its publication in the Public Gazette.   
The Circular guides the order of and procedures for the Market Surveillance 
Agencies to receive and accept for settlement 
cases of administrative violation in the field of intellectual property. 
 Circular No. 44/2011/TT-BCT
6 dated 
April 01, 2011 of the Ministry of Finance 
guiding the struggle against smuggling and protection of intellectual property rights in 
customs. 
 The Circular was signed on April 01, 2011 and entered into force on May 19, 2011. 
  
This Circular provides guidance for the struggle 
against smuggling and protection of intellectual 
property rights in customs. 
 
Protection and state management of 
intellectual property 
 Decree No. 119/2010/ND-CP
7 dated 
December 30, 2010 amending and supplementing a number of articles the Government’s Decree No. 105/2006/ND-CP of 
September 22, 2006, detailing and guiding a 
number of articles of the Law on Intellectual Property regarding protection of intellectual 
property rights and state management of 
intellectual property.  
The Decree was signed on December 30, 2010 
and entered into force on February 20, 2011.   
 
  
This Decree details and guides the 
implementation of a number of articles of the Law on Intellectual Property regarding determination of violating acts, nature and 
extent of infringement of intellectual property 
rights, determination of damages, requests for handling of infringements and settlement of 
those requests, handling of infringements of 
intellectual property rights, control of exports and imports related to intellectual property, 
assessment of intellectual property, and state 
management of intellectual property.  
                                               
5 See document IP/N/1/VNM/O/6. 
6 See document IP/N/1/VNM/O/7. 
7 See document IP/N/1/VNM/O/8. IP/N/1/VNM/5 
 
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TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE 
  
 
BRIEF DESCRIPTION  
 
 Protection of industrial property 
 
Decree No. 122/2010/ND-CP8 dated 
December 31, 2010 amending and supplementing a number of articles of the 
Government's Decree No. 103/2006/ND-CP of 
September 22, 2006, detailing and guiding a number of articles of the Law on Intellectual 
Property regarding industrial property. 
 The Decree was signed on December 31, 2010 and entered into force on February 20, 2011. 
  
  
This Decree amends and supplements a 
number of articles of the Government's Decree No. 103/2006/ND-CP of September 22, 2006, 
detailing and guiding a number of articles of 
Law on Intellectual Property regarding industrial property. 
 
Decree No. 43/2010/ND-CP9 dated 
15 April 2010 of the Government on business registration. 
 
The Decree was signed on 15 April 2010 and entered into force on June 1, 2010.   
This Decree provides guidance on business 
registration, including provisions on trade name to avoid infringements of protected 
trademarks, geographical indications and other 
intellectual property rights. 
 Circular No. 18/2011/TT-BKHCN
10 dated 
22 July 2011 of the Ministry of Science and 
Technology amending and supplementing some provisions of Circular No. 01/2007/TT-
BKHCN of February 14, 2007, as amended and 
supplemented by Circular No. 13/2010/TT-BKHCN of July 31, 2010 and Circular No. 01/2008/TT-BKHCN of February 25, 2008, 
amended and supplemented by Circular 
No. 04/2009/TT-BKHCN of March 27, 2009.  
The Circular was signed on 22 July 2011 and 
entered into force after 45 days as of the signing date. 
  
The Circular amends and supplements some 
provisions of No. 01/2007/TT-BKHCN of 
February 14, 2007 on guiding the implementation of the Government’s Decree 
No. 103/2006/ND-CP of  September 22, 2006, 
as amended and supplemented by Circular No. 13/2010/TT-BKHCN and Circular No. 01/2008/TT-BKHCN on guiding the grant 
and withdrawal of industrial property assessor 
card and eligibility certificate for industrial property assessment organizations, amended 
and supplemented by Circular No. 04/2009/TT-
BKHCN of March 27, 2009. 
 
Circular No. 01/2008/TT-BKHCN11 dated 
25 February 2008 of the Ministry of Science and Technology guiding the grant and withdrawal of industrial property assessor 
cards and certificates for industrial property 
assessment organizations.  
The Circular was signed on 25 February 2008 
and entered into effect 15 days after its publication in the Public Gazette. 
  
The Circular provides guidance on granting and 
withdrawing industrial property assessor cards and industrial property assessment organization certificates. 
                                               
8 See document IP/N/1/VNM/O/9. 
9 See document IP/N/1/VNM/O/10. 
10 See document IP/N/1/VNM/O/11. 
11 See document IP/N/1/VNM/O/12. IP/N/1/VNM/5 
 
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TITLE 
DATE OF ADOPTION AND ENTRY INTO 
FORCE 
  
 
BRIEF DESCRIPTION  
 
 Circular No. 04/2012/TT-BKHCN
12 dated 
13 February 2012 of the Ministry of Science 
and Technology amending and supplementing 
a number of provisions of Circular No. 01/2008/TT-BKHCN of February 25, 2008 
on the withdrawal of industrial property 
assessor cards and certificates for industrial property assessment organizations as 
amended and supplemented by Circular 
No. 04/2009/TT-BKHCN of March 27, 2009, and Circular No. 18/2011/TT-BKHCN of July 22, 2011. 
 
The Circular was signed on 13 February 2012 and entered into force after 45 days as of the 
signing date. 
  
The Circular amends and supplements some provisions of Circular No. 01/2008/TT-BKHCN 
of February 25, 2008, on guiding the 
withdrawal of industrial property assessor cards and certificates for industrial property 
assessment organizations as amended and 
supplemented by Circular No. 04/2009/TT-BKHCN of March 27, 2009, and Circular 
No. 18/2011/TT-BKHCN of July 22, 2011. 
 
Circular No. 22/2009/TT-BTC13 dated 
February 4, 2009 of the Ministry of Finance regulating on rates, collection, remittance, 
management and use of industrial property 
fees and fees and charges.  
The Circular was signed on February 4, 2009 
and entered into force after 45 days as of the signing date. 
  
The Circular prescribes rates and collection, remittance, management and use of industrial property fees and charges. 
 Protection of undisclosed information 
 Circular No. 05/2010/TT-BYT
14 dated 
March 01, 2010 of the Ministry of Health on 
guiding the confidential protection of trial data 
in drug registration.  
The Circular was signed on March 01, 2010 
and entered into force after 45 days as of the signing date.   
 
 
The Circular provides guidance on the protection of confidentiality of trial data in drug 
registration. 
  
 
__________  
                                               
12 See document IP/N/1/VNM/O/13. 
13 See document IP/N/1/VNM/O/14. 
14 See document IP/N/1/VNM/O/15.