WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VNM/O/1 
28 May 2010 
 (10-2962) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original: English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
VIET NAM 
 The present document reproduces the text1 of Order No. 12/2009/L-CTN of 29 June 2009, on the 
promulgation of the Law Amending and Supplementin g a Number of Articles of the Law on Intellectual 
Property2, as notified by Viet Nam under Article 63.2 of the Agreement (see document IP/N/1/VNM/4). 
 
 
Conseil des aspects des droits de propriété 
intellectuelle qui touc hent au commerce 
 
 
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
VIET NAM 
 Le présent document contient le texte1 de l'Ordonnance n° 12/2009/L-CTN du 29 juin 2009 
portant promulgation de la Loi modifiant et complétant certains articles de la Loi sur la propriété 
intellectuelle2, notifié par le Viet Nam au titre de l'article 63:2 de l'Accord (voir le document 
IP/N/1/VNM/4). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
PRINCIPALES 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 texto
1 de la Orden Nº 12/2009/L-CTN, de 29 de junio 
de 2009, por la que se promulga la Ley en virtud de la cual se modifican y complementan varios artículos de la Ley de propiedad intelectual
2, notificada por Viet Nam en virtud de lo dispuesto en el párrafo 2 del 
artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/4). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. 
2 The Law on Intellectual Property can be found in document IP/N/1/VNM/I/1./La Loi sur la propriété 
intellectuelle figure dans le document IP/N/1/VNM/I/1./La Ley de propiedad intelectual figura en el 
documento IP/N/1/VNM/I/1. IP/N/1/VNM/O/1 
Page 2  
 
  THE STATE PRESIDENT  
 
Order No. 12/2009/L-CTN of June 29, 2009, on the promulgation of law  
 
THE PRESIDENT OF THE SOCIAL IST REPUBLIC OF VIETNAM 
 
Pursuant to Articles 103 and 106 of the 1992 Constituti on of the Socialist Republic of Vietnam, which 
was amended and supplemented under Resolution No . 51/2001/QH10 of December 25, 2001, of the 
Xth National Assembly, the 10th session; 
 
Pursuant to Article 91 of the Law on Or ganization of the National Assembly; 
 Pursuant to Article 57 of the Law on Promulgation of Legal Documents,  PROMULGATES: 
 
the Law Amending and Supplementing a Number of Articles of the Law on Intellectual 
Property,  
which was passed on June 19, 2009, by the XII
th National Assembly of the Socialist Republic of 
Vietnam at its 5th session. 
 President of the Socialist Republic of Vietnam 
NGUYEN MINH TRIET 
 
 
 
Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property 
 
(No. 36/2009/QH12) 
 
Pursuant to the 1992 Constitution of the Socialis t Republic of Vietnam, which was amended and 
supplemented under Resolution No. 51/2001/QH10;  The National Assembly promulgates the Law Ame nding and Supplementing a Number of Articles of 
the Law on Intellectual Property.  
 
Article 1.   
To amend and supplement a number of artic les of the Law on Intellectual Property: 
 
1. To amend and supplement Article 3 as follows: 
 "Article 3.  Subject matters of intellectual property rights 
 1. Subject matters of copyright include literary, artistic and scientific works; subject matters of 
copyright-related rights include performances, p honograms, video recordings, broadcasts and 
encrypted program-carrying satellite signals. 
 2. Subject matters of industrial property rights incl ude inventions, industrial designs, layout-designs of 
semiconductor integrated circuits, trade secrets, marks, trade names and geographical indications. 
  IP/N/1/VNM/O/1 
 Page 3 
 
 
  3. Subject matters of rights to plant varieti es include reproductive and harvested materials." 
 
2. To amend and supplement Article 4 as follows: 
 
"Article 4. Interpretation of terms 
 
In this Law, the terms below are construed as follows:  1. Intellectual property rights  means rights of organizations and individuals to intellectual assets, 
including copyright and copyright-related rights,  industrial property rights and rights to plant 
varieties. 
 2. Copyright  means rights of organizations and individuals  to works they have created or own.  
 3. Copyright-related rights  (below referred to as related right s) means rights of organizations and 
individuals to performances, phonograms, video recordings, broadcasts and encrypted program-
carrying satellite signals.  4. Industrial property rights  means rights of organizations and i ndividuals to inventions, industrial 
designs, layout-designs of semiconductor integrated circuits, trade secrets,  marks, trade names, 
geographical indications and trade secrets they have  created or own, and the right to repression of 
unfair competition.  
 5. Rights to plant varieties  means rights of organizations and individuals to new plant varieties they 
have selected, created or discove red and developed, or own. 
 
6. Intellectual property right holder means an owner of intellectual property rights or an organization 
or individual that is assigned intellect ual property rights by the owner. 
 7. Work  means a creation of the mind in the literary, artis tic or scientific domain, whatever may be the 
mode or form of its expression.  
8. Derivative work  means a work which is translated from one language into another, adapted, 
modified, transformed, compiled, annotated or selected.  
 
9. Published work, phonogram or video recording  means a work, phonogram or video recording 
which has been made available in a reasonable quantity  of copies to the public with the permission of 
the copyright holder or related right holder. 
 10. Reproduction  means the making of one or many copies of a work or a phonogram or video 
recording by whatever mode or in whatever form , including the backup of the work in electronic 
form.  
11. Broadcasting  means the transmission of the sound or image or both of a work, a performance, a 
phonogram, a video recording or a broadcast to the public by wire or wireless means, including satellite transmission, in such a way that member s of the public may access that work from a place 
and at a time they themselves select.  
12. Invention  means a technical solution in the form of a product or a process which is intended to 
solve a problem by application of laws of nature.     13. Industrial design  means a specific appearance of a product embodied by three-dimensional 
configurations, lines, colors, or a combination of these elements. IP/N/1/VNM/O/1 
Page 4  
 
  14. Semiconductor integrated circuit  means a product, in its final form or an intermediate form, in 
which the elements, at least one of which is an activ e element, and some or all of the interconnections, 
are integrally formed in or on a piece of semiconduc tor material and which is intended to perform an 
electronic function. Integrated circuit is synonym ous to IC, chip and microelectronic circuit. 
 
15. Layout-design of semiconductor integrated circuit  (below referred to as layout-design) means a 
three-dimensional disposition of circuit elements  and their interconnections in a semiconductor 
integrated circuit.  16. Mark  means any sign used to distinguish goods or services of different organizations or 
individuals.  
 17. Collective mark  means a mark used to distinguish goods or services of members from those of 
non-members of an organization which is the owner of such mark.  
18. Certification mark  means a mark which is authorized by  its owner to be used by another 
organization or individual on the latter's goods or se rvices, for the purpose of certifying the origin, 
raw materials, materials, mode of manufacture of  goods or manner of provision of services, quality, 
accuracy, safety or other characteristics of goods or services bearing the mark.  19. Integrated mark  means identical or similar marks regi stered by the same entity and intended for 
use on products or services which are of the same type or similar types or interrelated. 
 20. Well-known mark  means a mark widely known by consumers throughout the Vietnamese territory. 
 21. Trade name  means a designation of an organization or individual in business activities, capable of 
distinguishing the business entity bearing it from anot her entity in the same business domain and area. 
 A business area mentioned in this Clause means a geographical area where a business entity has its 
partners, customers or earns its reputation.  22. Geographical indication  means a sign which identifies a product as originating from a specific 
region, locality, territory or country.              
 23. Trade secret  means information obtained from financial or intellectual investment activities, 
which has not yet been disclosed  and can be used in business. 
 
24. Plant variety  means a plant grouping within a single botanical taxonomy of the lowest known 
rank, which is morphologically uniform and suita ble for being propagated unchanged, and can be 
defined by the expression of phenotypes resulti ng from a genotype or a combination of given 
genotypes, and distinguished from any other pl ant grouping by the expression of at least one 
inheritable phenotype.  
25. Protection title  means a document granted by a competen t state agency to an organization or 
individual in order to establish industrial property rights to an invention, industrial design, layout-design, trademark or geographical indication; or rights to a plant variety.  26. Reproductive material  means a plant or a part thereof capable  of growing into a new plant for use 
in reproduction or cultivation. 
 27. Harvested material  means a plant or a part thereof obtai ned from the cultivation of a reproductive 
material."   IP/N/1/VNM/O/1 
 Page 5 
 
 
  3. To amend and supplement Article 7 as follows:    
 
"Article 7.  Limitations on intellectual property rights 
 1. Intellectual property right holders may only ex ercise their rights within the scope and term of 
protection provided for in this Law. 
 2. The exercise of intellectual property rights mu st neither prejudice the State's interests, public 
interests, legitimate rights and interests of othe r organizations and indivi duals, nor violate other 
relevant provisions of law. 
 
3. In the circumstances where th e achievement of defense, security, people's livelihood objectives and 
other interests of the State and society specified in this Law needs to be guaranteed, the State may 
prohibit or restrict the exercise of intellectual propert y rights by the holders or compel the licensing by 
the holders of one or several of their rights to other organizations or i ndividuals under appropriate 
terms. The limitation on rights to in ventions classified as state secrets complies with regulations of the 
Government."  
4. To amend and supplement Article 8 as follows: 
 
"Article 8.  The State's intellectual property policies      
 
1. To recognize and protect intellectual property right s of organizations and individuals on the basis of 
harmonizing benefits of intellectual property rights holders and public interests; not to protect 
intellectual property objects which are contrary to so cial ethics and public order and prejudicial to 
defense and security. 
 
2. To encourage and promote the creation and utilizat ion of intellectual assets in order to contribute to 
socio-economic development and improvement of the people's material and spiritual life. 
 3. To provide financial supports for the receipt a nd exploitation of assigned intellectual property rights 
in public interests; to encourage organizations and individuals at home or abro ad to provide financial 
aid for creative activities and the protection of intellectual property rights. 
 4. To prioritize investment in training and retraini ng the contingent of cadres, civil servants, public 
employees and other relevant subjects engaged in th e protection of intellectual property rights and the 
research into and application of sciences and tec hnologies to the protection of intellectual property 
rights. 
 5. To mobilize social resources for investment in raising the capacity of the system to protect 
intellectual property rights, thereby meeting re quirements of socio-economic development and 
international economic integration."  5. To amend and supplement Article 14 as follows:  
"Article 14.  Types of works eligible for copyright protection  
 1. Literary, artistic and scientific works eligible for copyright protection include: 
 
a/ Literary and scientific works, textbooks, teach ing courses and other works expressed in written 
languages or other characters;  b/ Lectures, addresses and other sermons; IP/N/1/VNM/O/1 
Page 6  
 
  c/ Press works; 
 d/ Musical works;  e/ Dramatic works; 
 
f/ Cinematographic works and works created by a process analogous to cinematography (below collectively referred to as cinematographic works);  g/ Plastic-art works and works of applied art; 
 
h/ Photographic works;  i/ Architectural works;  
j/ Sketches, plans, maps and drawings related to  topography, architecture or scientific works; 
 k/ Folklore and folk art works of folk culture; 
 l/ Computer programs and data compilations.  
2. Derivative works shall be protected under Clause 1 of this Article only if it is not prejudicial to the 
copyright to works used to create these derivative works. 
 3. Protected works defined in Clauses 1 and 2 of this Article must be created personally by authors 
through their intellectual labor without copying others' works. 
 
4. The Government shall guide in detail the types of works specified in Clause 1 of this Article." 
 
6. To amend and supplement Article 25 as follows: 
 
"Article 25.  Cases of use of published works in which permission and payment of royalties or 
remunerations are not required 
 1. Cases of use of published works in which permis sion or payment of royalties or remunerations is 
not required include:  
a/ Duplication of works for personal scientific research or teaching purpose; 
 b/ Reasonable recitation of works without misrep resenting the authors' views for commentary or 
illustrative purpose;  c/ Recitation of works without misrepresenting the au thors' views in articles published in newspapers 
or periodicals, in radio or television broadcasts, or documentaries; 
 d/ Recitation of works in schools for lecturing pur pose without misrepresenting the authors' views and 
not for commercial purpose;  
e/ Reprographic reproduction of works by libraries for archival and research purpose; 
 f/ Performance of dramatic works or other perform ing-art works in mass cultural, communication or 
mobilization activities without collecting any charges in any form;   IP/N/1/VNM/O/1 
 Page 7 
 
 
  g/ Audiovisual recording of performances for the pu rpose of reporting current events or for teaching 
purpose;  h/ Photographing or televising of plastic art, arch itectural, photographic, applied-art works displayed 
at public places for the purpose of presenting images of these works; 
 
i/ Transcription of works into Braille or characters of other languages for the blind;  j/ Importation of copies of others' works for personal use.  
2. Organizations and individuals that use works defi ned in Clause 1 of this Article may neither affect 
the normal utilization of these works nor prejudice the rights of the authors or copyright holders; and 
shall indicate the authors' names, and sources and origins of these works.  3. The provisions of Points a and e, Clause 1 of this  Article are not applicable to architectural works, 
plastic works and computer programs." 
 
7. To amend and supplement Article 26 as follows: 
 
"Article 26.  Cases of use of published works in which pe rmission is not required but the payment of 
royalties or remunerations is required 
 
1. Broadcasting organizations that use publishe d works in making their broadcasts, which are 
sponsored, advertised or charged in whatever form , are not required to obtain permission but have to 
pay royalties or remunerations to copyright holder s from the date of use. Levels of royalties, 
remunerations or other material benefits and modes of payment shall be agreed upon by involved 
parties. If no agreement is reached, involved parties shall comply with regulations of the Government 
or institute lawsuits at court under law.  Broadcasting organizations that use published work s in making their broadcasts, which are not 
sponsored, advertised or charged in whatever form , are not required to obtain permission but have to 
pay royalties or remunerations to copyright holders from the date of use under regulations of the 
Government.  
 2. Organizations and individuals that use works under Clause 1 of this Article must neither affect the 
normal utilization of these works nor prejudice the rights of the authors or copyright holders; and shall indicate the authors' names, and sources and origins of the works. 
 
3. The use of works in the ca ses specified in Clause 1 of this Article does not apply to 
cinematographic works."  
8. To amend and supplement Article 27 as follows: 
 
"Article 27.  Term of copyright protection 
 1. The moral rights provided for in Clauses 1, 2 and 4,  Article 19 of this Law shall be protected for an 
indefinite term.  
2. The moral rights provided for in Clause 3, Article 19 and the economic rights provided for in 
Article 20 of this Law enjoy the following term of protection:  IP/N/1/VNM/O/1 
Page 8  
 
  a/ Cinematographic works, photographic works, wo rks of applied art and anonymous works have a 
term of protection of seventy five years from the date  of first publication. For cinematographic works, 
photographic works and works of applied art which remain unpublished within twenty five years from 
the date of fixation, the term of protection is  one hundred years from the date of fixation. For 
anonymous works, when information on their author s is published, the term of protection will be 
calculated under Point b of this Clause. 
 b/ A work not specified at Point a of this Clause is protected for the whole life of the author and for 
fifty years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of  the last surviving co-author; 
 
c/ The term of protection specified at Points a and b of this Clause expires at 24:00 hrs of 
December 31 of the year of expiration of the copyright protection term."  
9. To amend and supplement Article 30 as follows: 
 "Article 30.  Rights of producers of phonograms and video recordings 
 1. Producers of phonograms and video recordings have the exclusive right to exercise or authorize others to exercise the following rights:  
a/ To directly or indirectly reproduce their phonograms and video recordings; 
 b/ To import and distribute to the public their or iginal phonograms and video recordings and copies 
thereof by sale, rent or distribution by wh atever technical means accessible by the public. 
 
2. Producers of phonograms and video recordings will enjoy material benefits when their phonograms 
and video recordings are distributed to the public."  
10. To amend and supplement Article 33 as follows: 
 
"Article 33.  Cases of use of related rights in which permission is not required but payment of 
royalties or remunerations is required 
 1. Organizations and individuals that directly or indirectly use phonograms or video recordings 
already published for commercial purposes in ma king their broadcasts, which are sponsored, 
advertised or charged in whatever form, are not re quired to obtain permission but have to pay agreed 
royalties or remunerations to authors, copyright holders, performers or producers of phonograms or 
video recordings, or broadcasting or ganizations from the date of use. In case no agreement is reached, 
they shall comply with regulations of the Governme nt or institute lawsuits at court under law.  
 Organizations and individuals that directly or in directly use phonograms or video recordings already 
published for commercial purposes in making their broa dcasts, which are not sponsored, advertised or 
charged in whatever form, are not required to obtai n permission but have to pay agreed royalties or 
remunerations to authors, copyright holders,  performers or producers of phonograms or video 
recordings, or broadcasting organizations from the da te of use under regulations of the Government.  
 2. Organizations and individuals that use phonograms or video recordings already published in their 
business or commercial activities are not required to obtain permission but have to pay agreed 
royalties or remunerations to authors, copyright holders, performers or producers of phonograms or video recordings, or broadcasting or ganizations from the date of use. In case no agreement is reached, 
they shall comply with regulations of the Governme nt or institute lawsuits at court under law.  
  IP/N/1/VNM/O/1 
 Page 9 
 
 
  3. Organizations and individuals that use the right s provided for in Clauses 1 and 2 of this Article 
must neither affect the normal utilization of performances, phonograms, video recordings or 
broadcasts, nor prejudice the rights of performers, producers of phonograms and video recordings, and broadcasting organizations."  11. To amend and supplement Article 41 as follows:  
"Article 41.  Copyright holders being right assignees  
 1. Organizations and individuals that are assigne d one, several or all of the rights specified in 
Article 20 and Clause 3, Article 19 of this  Law under contracts are copyright holders. 
 2. Organizations and individuals that are managi ng anonymous works enjoy rights of owners until the 
names of authors of these works are identified."  12. To amend and supplement Article 42 as follows:  
"Article 42.  Copyright holders being the State 
 1. The State is the holder of co pyright to the following works: 
 
a/ Anonymous works, except those specified  in Clause 2, Article 41 of this Law; 
 b/ Works of which terms of protection have not expi red but their copyright holders die without heirs, 
their heirs renounce succession or are deprived of the right to succession.  
c/ Works over which the ownership right has been ass igned by their copyright holders to the State. 
 2. The Government shall specify the use of works under state ownership." 
 
13. To amend and supplement Article 87 as follows: 
 
"Article 87.  Right to register marks 
 1. Organizations and individuals may register ma rks to be used for goods they produce or services 
they provide.  
2. Organizations and individuals  that conduct lawful commercial activities may register marks for 
products they are marketing but produced by othe rs, provided that the producers neither use such 
marks for their products nor object to such registration.  3. Lawfully established collective organizations may register collective marks to be used by their 
members under regulations on use of collective marks. For signs indicating geographical origins of 
goods or services, organizations that may register th em are collective organizations of organizations 
or individuals engaged in production or trading in relevant localities. For other geographical names or 
signs indicating geographical origins of local sp ecialties of Vietnam, the registration must be 
permitted by competent state agencies.   
4. Organizations with the function of controlling and certifying the quality, properties, origin or other 
relevant criteria of goods or services may register certification marks, provided that they are not engaged in the production or trading of these goods or  services. For other geographical names or signs 
indicating geographical origins of local specialties of Vietnam, the registration thereof must be 
permitted by a competent state agency.  IP/N/1/VNM/O/1 
Page 10  
 
  5. Two or more organizations or individuals may jo intly register a mark in order to become its co-
owners on the following conditions:  a/ This mark is used in the names of all co-own ers or used for goods or services which are produced 
or traded with the participation of all co-owners;  
 
b/ The use of this mark causes no confusion to co nsumers as to the origin of goods or services. 
 6. Persons having the registration right defined in Cl auses 1, 2, 3, 4 and 5 of this Article, including 
those having filed registration applications, may assign  the registration right to other organizations or 
individuals in the form of written contracts, bequ eathal or inheritance under law, provided that the 
assigned organizations or individuals satisfy th e relevant conditions on the persons having the 
registration right.  7. For a mark protected in a country being a contracting party to a treaty which prohibits the 
representative or agent of a mark owner to register such mark and to which the Socialist Republic of 
Vietnam is also a contracting party, this representa tive or agent is not permitted to register the mark 
unless it is so agreed by the mark owner,  unless a justifiable reason is available." 
 
14. To amend and supplement Article 90 as follows: 
 
"Article 90.  The first-to-file principle  
 
1. In case many applications are filed for registrati on of the same invention or similar inventions, or 
for registration of industrial designs identical with or insignificantly different from one another, the 
protection title may only be granted to the valid app lication with the earliest priority or filing date 
among applications satisfying all the cond itions for the grant of a protection title. 
 2. In case there are many applications filed by di fferent persons for registration of identical or 
confusingly similar marks for identical or similar products or services, or in case there are many applications filed by the same person for registra tion of identical marks for identical products or 
services, the protection title may only be granted for th e mark in the valid application with the earliest 
priority or filing date among applications satisfy ing all the conditions for the grant of a protection 
title.  3. In case there are many registration applications specified in Clauses 1 and 2 of this Article and 
satisfying all the conditions for the grant of a protection title and having the same earliest priority or 
filing date, the protection title may only be granted for the object of a single application out of these 
applications under an agreement of all applicants. Without such agreement, all relevant objects of 
these applications will be refused for the grant of a protection title."  
15. To amend and supplemen t Article 119 as follows: 
 
"Article 119.  Time limit for processing industrial property registration applications 
 1. An industrial property registration application will  have its form examined within one month from 
the filing date.  
2. An industrial property registration application sh all be substantively examined within the following 
time limits:   IP/N/1/VNM/O/1 
 Page 11 
 
 
  a/ For an invention, eighteen months from the date of its publication if a request for substantive 
examination is filed before the date of application pu blication, or from the date of receipt of a request 
for substantive examination if such request is f iled after the date of application publication; 
 b/ For a mark, nine months from the date of application publication; 
 
c/ For an industrial design, seven months from the date of application publication;  d/ For a geographical indication, six months from the date of application publication. 
 
3. The time limit for re-examination of an industria l property registration application is equal to two-
thirds of the time limit for the initial examination and may, in complicated cases, be prolonged but 
must not exceed the time limit for the initial examination.  4. The duration for modification or supplementation of  applications by applicants will not be counted 
into the time limit specified in Clause 1, 2 or 3 of this Article. The time limit for processing requests 
for modification or supplementation of applications  must not exceed one-third of the corresponding 
time limit specified in Clause 1 or 2 of this Article."  
16. To amend and supplemen t Article 134 as follows: 
 
"Article 134.  Right of prior use of inventions and industrial designs 
 1. In case a person has, before the filing date or prio rity date (if any) of an invention or industrial 
design registration application, used or prepared  necessary conditions for using an invention or 
industrial design identical with the protected invention or industrial design stated in that registration 
application but created independently (below referr ed to as prior use right holder), then after a 
protection title is granted, he/she may continue us ing such invention or industrial design within the 
scope and volume of use or use preparations w ithout having to obtain permission of or paying 
compensations to the owner of the protected invention or industrial design. The exercise of the right of prior users of inventions or industrial designs is not regarded as an infringement upon the right of invention or industrial design owners. 
 
2. Holders of prior use right to inventions or i ndustrial designs may not assign such right to others, 
unless that right is assigned together with the tran sfer of business or production establishments which 
have used or are prepared to u se the inventions or industrial designs. Prior use right holders may not 
expand the use scope and volume unless it is so permit ted by invention or industrial design owners." 
 
17. To amend and supplemen t Article 154 as follows: 
 
"Article 154.  Conditions for industrial prope rty representation service business  
 
Organizations that satisfy the following conditio ns may provide industrial property representation 
services as industrial property representation service organizations: 
 1. Being law-practicing businesses, cooperatives or  organizations, or scientific and technological 
service organizations lawfully established and opera ting, except foreign law-practicing organizations 
operating in Vietnam; 
 
2. Having the function of providing  industrial property representation ser vices, which is stated in their 
business registration certificates or operation registration certificates (below collectively referred to as business registration certificates);  IP/N/1/VNM/O/1 
Page 12  
 
  3. Their heads or persons authorized by their head s must satisfy the conditions for industrial property 
representation service practice, specified in Clause 1, Article 155 of this Law."  
18. To amend and supplemen t Article 157 as follows: 
 
"Article 157.  Organizations and individuals that have rights to plant varieties protected 
 1. Organizations and individuals that have rights to  plant varieties protected are those that select and 
breed or discover and develop plant varieties or i nvest in the selection and breeding or the discovery 
and development of plant varieties or are transferred rights to plant varieties. 
 
2. Organizations and individuals defined in Clause 1 of this Article include Vietnamese organizations 
and individuals; organizations a nd individuals of foreign countries which have concluded with the 
Socialist Republic of Vietnam agreements on the pr otection of plant varieties; foreign organizations 
and individuals that have permanent offices or residences in Vietnam or have establishments 
producing or trading in plant varieties in Vietnam;  foreign organizations a nd individuals that have 
permanent offices or residences or establishments produc ing or trading in plant varieties in countries 
which have concluded with the So cialist Republic of Vietnam agreem ents on the protection of plant 
varieties."  
19. To amend and supplemen t Article 160 as follows: 
 "Article 160.  Distinctness of plant varieties 
 1. A plant variety will be considered distinct if it is clearly distinguishable from any other plant 
variety whose existence is a matter of common knowle dge at the time of filing the application or the 
priority date, as the case may be. 
 2. Plant varieties whose existence is a matter of  common knowledge defined in Clause 1 of this 
Article are those falling into one of the following cases:  a/ Their reproductive or harvested materials have been widely used in the market of any country at the 
time of filing of the protection registration application; 
 b/ They have been protected or registered in  the list of plant varieties in any country; 
 c/ They are subject matters of protection registration applications or applicatio ns for registration in the 
list of plant varieties in any country, provide d that these applications are not rejected." 
 
20. To amend and supplemen t Article 163 as follows: 
 
"Article 163. Denominations of plant varieties  
 
1. The registrant shall designate with the state ma nagement agency in charge of rights to plant 
varieties a proper denomination for a plant variet y which must be the same as the denomination 
already registered for protection in any country wh ich has concluded with the Socialist Republic of 
Vietnam an agreement on the protection of plant varieties.  
2. The denomination of a plant variety shall be cons idered proper if it is distinguishable from those of 
other plant varieties of common knowledge in the same or similar species.   IP/N/1/VNM/O/1 
 Page 13 
 
 
  3. Denominations of plant varieties shall be  considered improper in the following cases: 
 a/ They consist of numerals only, unless such numerals are relevant to characteristics or the breeding of such varieties;  
b/ They violate social ethics; 
 c/ They may easily cause misleading as to features or characteristics of such varieties;  d/ They may easily cause misleading as to identifications of the breeders; 
 
e/ They are identical or confusingly similar to  marks, trade names or geographical indications 
protected before the date of publication of protection registration applications of such plant varieties; 
 f/ They affect prior rights of other organizations or individuals. 
 
4. Organizations and individuals that offer for sale  or market reproductive materials of plant varieties 
shall use the denominations of such plant varieties as stated in their protection titles even after the 
expiration of the term of protection.  5. When denominations of plant varieties are comb ined with trademarks, trade names or indications 
similar to denominations of plant varieties alr eady registered for sale offer or marketed, such 
denominations must still be distinguishable."  
21. To amend and supplemen t Article 165 as follows: 
 
"Article 165. Registration of rights to plant varieties 
 1. Organizations and individuals defined in Artic le 157 of this Law may file applications for 
registration of rights to plant varieties (below referred to as protection registration applications) 
directly or through their lawful representatives in Vietnam.  
2. Organizations that satisfy the following conditio ns may provide services of representing rights to 
plant varieties in the capacity as rights-to-plant  varieties representation service organizations: 
 a/ Being Vietnamese law-practicing businesses, cooperatives or organizations, scientific and 
technological service organizations which are lawful ly established and operating, except foreign law-
practicing organizations practicing in Vietnam; 
 b/ Having the function of providing rights-to-plant varieties representation services as stated in their 
business registration certificates or operation registration certificates (below collectively referred to as business registration certificates);  
3. Heads of those organizations or persons authori zed by heads of those organizations who satisfy the 
conditions specified in Clauses 4 and 5 of this Ar ticle may provide services of representing rights to 
plant varieties.  4. Individuals shall be allowed to provide servi ces of representing rights to plant varieties when 
satisfying the following conditions: 
 a/ Possessing a rights-to-plant varieties representation service practice certificate;  b/ Working in a rights-to-plant varieties representation service organization. IP/N/1/VNM/O/1 
Page 14  
 
  5. Individuals who satisfy the following conditi ons will be granted rights-to-plant varieties 
representation service practice certificates:  a/ Being a Vietnamese citizen and having the full civil act capacity;  
b/ Permanently residing in Vietnam; 
 c/ Possessing a university degree;  d/ Having personally conducted lega l activities related to rights to plant varieties for five or more 
consecutive years, or personally examined various applications for registration of rights to plant 
varieties in a national or international office for ri ghts to plant varieties for five or more consecutive 
years, or graduated from a training course on the la w on rights to plant varieties as recognized by a 
competent agency;  
e/ Being other than civil servants or public empl oyees currently working in state agencies competent 
to establish and secure the enforcement of rights to plant varieties;  f/ Having passed an examination of the profession of representing rights to plant varieties, organized by a competent agency.  
6. The Government shall specify lawful representa tives for filing applications and rights-to-plant 
varieties representation service organizations."  
22. To amend and supplemen t Article 186 as follows: 
 
"Article 186.  Rights of protection certificate holders  
 
1. A protection certificate holder has the right to ex ercise or authorize others to exercise the following 
rights to reproductive materials of a protected plant variety:  a/ To conduct production or propagation; 
 
b/ To process them for the purpose of propagation;  c/ To offer them for sale;  
d/ To sell them or conduct other marketing activities; 
 e/ To export them;  f/ To import them;  
g/ To store them for conducting acts specified at Points a, b, c, d, e and f of this Clause. 
 2. Rights of a plant variety protection title holder provided for in Clause 1 of this Article are applicable to materials harvested  from the illegal use of reproductive materials of a protected plant 
variety, unless the protection title holder does not exercise his/her rights to reproductive materials 
though having an opportunity to do so.   
 3. To prevent others from using the plant variety under Article 188 of this Law.   IP/N/1/VNM/O/1 
 Page 15 
 
 
  4. To pass by inheritance or bequeath or assign the right s to the plant variety under Chapter XV of this 
Law."  
23. To amend and supplemen t Article 187 as follows: 
 
"Article 187. Extension of rights of protection certificate holders 
 Rights of a protection certificate holder may be extended to the following plant varieties:  1. Plant varieties which originate mainly from the protected plant variety, unless such protected plant 
variety itself originates from another protected plant variety. 
 A plant variety is considered originating from a pr otected plant variety if such plant variety still 
retains the expression of the essential characteristics  resulting from the genotype or combination of 
genotypes of the protected variety, except differen ces resulting from impacts on the protected variety; 
 
2. Plant varieties which are not definitely distinct from the protected plant variety; 
 3. Plant varieties the production of which requires the repeated use of the protected plant variety." 
 
24. To supplement and supplement Article 190 as follows: 
 "Article 190.  Limitations on rights of plant variety protection certificate holders 
 1. The following acts are not regarded as infringe ments of rights to protected plant varieties: 
 
a/ Using plant varieties for personal and non-commercial purposes; 
 b/ Using plant varieties for testing purposes;  c/ Using plant varieties to create new plant varieti es, except the case specified in Article 187 of this 
Law; 
 
d/ Using harvested materials of protected plant va rieties by individual production households for self-
propagation and cultivation in the next season on their own land areas.  2. Rights to plant varieties are not applicable to act s related to materials of protected plant varieties 
which have been sold or otherwise brought into the Vietnamese or foreign markets by protection 
certificate holders or their licensees, except the following acts:  a/ Acts relating to further propagation of such plant varieties;  b/ Acts relating to export of re productive materials of such plant varieties to countries where the 
genera or species of such plant varieties are not  protected, unless such materials are exported for 
consumption purpose."  
25. To amend and supplemen t Article 194 as follows: 
 
"Article 194. Assignment of rights to plant varieties  
 
1. Assignment of rights to a plant variety means the transfer by the plant variety protection certificate 
holder of all rights to that plant variety to the assignee. The assignee will become the plant variety IP/N/1/VNM/O/1 
Page 16  
 
  protection certificate holder from the date of regist ration of the assignment contract with a state 
management agency in charge of rights to plant varieties according to law-prescribed procedures. 
 2. In case rights to a plant variety are under joint ownership, the assignment of these rights to another 
person must be agreed upon by all co-owners. 
 
3. The assignment of rights to a plant variety must be effected in the form of written contract.   
 4. The assignment of rights to a plant variety creat ed with state budget funds complies with the Law 
on Technology Transfer." 
 
26. To amend and supplemen t Article 201 as follows:  
 
"Article 201. Intellectual property assessment 
 
 1. Intellectual property assessment means the use by organizations or individuals defined in Clauses 2 
and 3 of this Article of their professional knowle dge and expertise to assess and make conclusion on 
matters related to intellectual property rights.  2. Businesses, cooperatives, non-business units or law-practicing organizations, except foreign law-
practicing organizations practicing in Vietnam which satisfy the following conditions may conduct 
intellectual property assessment: 
 a/ Having personnel and physical-technical founda tions meeting law-prescribed requirements on 
assessment operations;  
b/ Having the function of conducting intellectual property assessment as stated in their business 
registration certificates or operation registration certificates;  c/ Their heads or persons authorized by thei r heads possess intellectual property assessor cards. 
 3. Individuals who fully satisfy the following cond itions may be granted in tellectual property assessor 
cards by competent state agencies: 
 a/ Being a Vietnamese citizen and having full civil act capacity;  b/ Permanently residing in Vietnam; 
 
c/ Possessing good ethical qualities;  d/ Possessing a university or higher degree in a prof ession relevant to domains in which an assessor 
card is applied for, having conduc ted professional activities in these domains for five or more years 
and passed a professional assessment examination. 
 
4. State agencies competent to handle acts of infringing upon intellectual property rights may request intellectual property assessment when handling cases or matters they have accepted.  5. Intellectual property right holders and other re lated organizations and individuals may request 
intellectual property assessment to protect their legitimate rights and interests. 
 6. The Government shall specify intellectual property assessment organization and activities." 
  IP/N/1/VNM/O/1 
 Page 17 
 
 
  27. To amend and supplemen t Article 211 as follows: 
 
"Article 211. Intellectual property right infringements subject to administrative sanction  
 
1. Organizations and individuals that commit any of the following acts of infringing upon intellectual 
property rights shall be administratively sanctioned: 
 a/ Infringing upon intellectual property rights which cau ses damage to authors, owners, consumers or 
society;  
b/ Producing, importing, transporting or trading in  intellectual property counterfeit goods defined in 
Article 213 of this Law or assigning others to do so;  c/ Producing, importing, transporting, trading in or storing stamps, labels or other articles bearing a 
counterfeit mark or geographical indi cation or assigning others to do so. 
 
2. The Government shall specify acts of infringing upon intellectual property rights which shall be administratively sanctioned, sanctioning fo rms and levels, and sanctioning procedures. 
 3. Organizations and individuals that commit acts of unfair competition in intellectual property shall 
be administratively sanctioned under the competition law." 
 
28. To amend and supplemen t Article 214 as follows: 
 
"Article 214. Forms of  administrative sanction and remedies 
 
1. Organizations and individuals that commit act s of infringing upon intellectual property rights 
defined in Clause 1, Article 211 of this Law shall be compelled to terminate their infringing acts and 
imposed one of the following principal sanctions:  a/ Caution;  
b/ Fine. 
 2. Depending on the nature and seriousness of their infringements, intellectual property rights-
infringing organizations or individuals are also subj ect to either of the following additional sanctions:  
 
a/ Confiscation of intellectual property counterfe it goods, raw materials, materials and means used 
mainly for the production or trading of these intellectual property counterfeit goods; 
 b/ Suspension for a definite time of business activ ities in domains where infringements have been 
committed.  
3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, intellectual property rights 
infringers are also subject to either or both of the following consequence remedies: 
 a/ Compelled destruction or distribution or use for non-commercial purposes of intellectual property counterfeit goods as well as raw materials, materials and means used mainly for the production or 
trading of these intellectual property counterfeit goods,  provided that the dest ruction, distribution or 
use does not affect the exploitation of rights by intellectual property right holders;  b/ Compelled transportation out of Vietnamese terri tory of transit goods infringing upon intellectual 
property rights or compelled re-export of intell ectual property counterfeit goods, as well as imported IP/N/1/VNM/O/1 
Page 18  
 
  means, raw materials and materials used mainly for the production or trading of these intellectual 
property counterfeit goods, after infringing elements are removed from these goods. 
 4. Administrative sanctions and the competence to  administratively sanction infringements upon 
intellectual property rights comply with the law on handling of administrative violations." 
 
29. To amend and supplemen t Article 218 as follows: 
 
"Article 218.  Procedures for application of the measure  of suspension of customs procedures 
 
1. When persons requesting the suspension of cu stoms procedures have fulfilled their obligations 
specified in Article 217 of this Law, customs offi ces shall issue decisions on suspension of customs 
procedures with regard to goods lots in question.  2. The duration of suspension of customs procedures is ten working days after the customs procedure 
suspension requester receives the cu stoms office's notice of custom s procedures suspension. In case 
the customs procedure suspension requester has a ju stifiable reason, this dur ation may be prolonged 
but must not exceed twenty working days, provided th at the requester deposits a security specified in 
Clause 2, Article 217 of this Law.  3. Upon the expiration of the duration specified in  Clause 2 of this Article, if customs procedure 
suspension requesters do not institute civil lawsuits  and customs offices decide not to accept the cases 
for handling of administrative violations of goods lot exporters or importers according to 
administrative procedures, customs offi ces have the following responsibilities: 
 a/ To continue carrying out customs procedures for goods lots in question; 
 
b/ To compel customs procedure suspension request ers to compensate all the damage caused to goods 
lot owners due to their unreasonable requests, a nd pay expenses for the warehousing and preservation 
of goods as well as other expenses incurred by customs offices and other related agencies, 
organizations and individuals under the customs law;   
c/ To refund to customs procedure suspension requesters the remaining security amount after the 
obligation of paying compensations and expenses spec ified at Point b of this Clause is fulfilled." 
 
30. To amend and supplemen t Article 220 as follows: 
 
"Article 220.  Transitional provisions  
 
1. Copyright and related rights protected under legal documents which took eff ect before the effective 
date of this Law continue to be protected under this  Law if they remain in the term of protection by 
that date.  
2. Applications for registration of copyright, rela ted rights, inventions, utility solutions, industrial 
designs, trademarks, appellations of origin of good s, layout-designs or plant varieties, which have 
been filed with competent agencies before the effective date of this Law, continue to be processed 
under legal documents effective at  the time of their filing.  
 
3. All rights and obligations conferred by protec tion titles granted under the provisions of law which 
are effective before the effective date of this  Law and procedures for maintenance, renewal, 
modification, invalidation, licensing, ownership assi gnment, settlement of disputes relating to these 
protection titles are governed by this Law, except grounds for invalidation of protection titles which 
are subject to the provisions of law which are effec tive at the time of grant of these protection titles.  IP/N/1/VNM/O/1 
 Page 19 
 
 
  This provision also applies to decisions on registra tion of appellations of origin of goods issued under 
the provisions of law which are effective before the effective date of this Law. State management agencies in charge of industrial property rights sha ll carry out procedures for the grant of geographical 
indication registration certificates for appellations of origin of goods.   
4. Trade secrets and trade names which have b een existing and protected under the Government's 
Decree No. 54/2000/ND-CP of October 3, 2000, on the protection of industrial property rights to trade 
secrets, geographical indications, trade names and the protection of the right to repression of industrial 
property-related unfair competition, conti nue to be protected under this Law. 
 
5. From the effective date of this Law, geogra phical indications, including those protected under the 
Decree mentioned in Clause 4 of this Article, may only be protected after they are registered under 
this Law."  Article 2.  To replace the phrase "Ministry of Culture a nd Information" with the phrase "Ministry of 
Culture, Sports and Tourism" in Clauses 2, 3 and 5, Article 11; Point a, Clause 2, Article 50; and 
Clause 4, Article 51 of Law No. 50/2005/QH11 on Intellectual Property.  
Article 3.  
 
1. This Law takes effect on January 1, 2010.  
2. The Government shall detail and guide the im plementation of articles and clauses of this Law 
assigned to it, and guide  other necessary contents of this Law to meet state management requirements.    
 This Law was passed on June 19, 2009, by the XII
th National Assembly of the Socialist Republic of 
Vietnam at its 5th session.  
  Chairman of the National Assembly 
NGUYEN PHU TRONG 
 
__________