WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VNM/I/1 
8 February 2008 
 (08-0593) 
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 text
1 of Order No. 28/2005/L-CTN of 
December 12, 2005, on the Promulgation of Law - Law on Intellectual Property, notified by Viet Nam 
under Article 63.2 of the Agreement (see document IP/N/1/VNM/1). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce 
 
 
PRINCIPALES 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 texte
1 de l'Ordonnance n° 28/2005/L-CTN du 
12 décembre 2005 portant promulgation de la Loi sur la propriété intellectuelle, notifié par le 
Viet Nam au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/VNM/1). 
 
 
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 28/2005/L-CTN, de 12 de 
diciembre de 2005, sobre la promulgación de legislac ión - Ley de propiedad intelectual, notificada por 
el Viet Nam en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/1). 
                                                     
 
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/I/1 
Page 2  
 
  THE STATE PRESIDENT  
ORDER No. 28/2005/L-CTN OF DECEMB ER 12, 2005, ON THE PROMULGATION 
OF LAW 
 
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM 
 
Pursuant to Article 103 and Article 106 of the 1992 Constitution of the Socialist Republic of Vietnam, 
which was amended and supplemented under Resoluti on 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 50 of the Law on Promulgation of Legal Documents, 
 
HEREBY PROMULGATES: 
The Law on Intellectual Property, 
 
which was passed on November 29, 2005, by the XIth National Assembly of the Socialist Republic of 
Vietnam at its 8th session. 
 
President of the Socialist Republic of Vietnam 
TRAN DUC LUONG  
 
LAW ON INTELLECTUAL PROPERTY 
(No. 50/2005/QH11)  
 Pursuant to the 1992 Constitution of the Socialis t Republic of Vietnam, which was amended and 
supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the X
th National 
Assembly, the 10th session; 
 
This Law provides for intellectual property.  
 
Part One 
GENERAL PROVISIONS 
 
Article 1.-  Governing scope 
 This Law provides for copyright, copyright-related ri ghts, industrial property rights, rights to plant 
varieties and the protection of these rights. 
 
Article 2.- Subjects of application  
 This Law applies to Vietnamese organizations and i ndividuals; foreign organizations and individuals 
that satisfy the conditions specified in this La w and treaties to which the Socialist Republic of 
Vietnam is a contracting party.  
  IP/N/1/VNM/I/1 
 Page 3 
 
 
  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. 
 3. Subject matters of rights to plant varieties in clude plant varieties and reproductive materials. 
 
Article 4.-  Interpretation of terms 
 In this Law, the following terms shall be construed as follows:  
1. Intellectual property rights  mean 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  (hereinafter referred to as related ri ghts) mean rights of organizations and 
individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.  4. Industrial property rights  mean rights of organizations and i ndividuals to inventions, industrial 
designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names and 
geographical indications they have created or ow n, and right to repression of unfair competition.  
 5. Rights to plant varieties  mean rights of organizations and indi viduals to new plant varieties they 
have selected, created or discove red and developed, or own. 
 
6. An intellectual property right holder means an owner of intellectual property rights or an 
organization or individual that is assigned in tellectual property rights by the owner. 
 7. A work  means a creation of the mind in the literary, ar tistic or scientific domain, whatever may be 
the mode or form of its expression. 
 
8. A derivative work  means a work which is translated fro m one language into another, adapted, 
modified, transformed, compiled, annotated or selected.  
 9. A published work, phonogram or video recording  means a work, phonogram or video recording 
which has been made available to the public with the permission of  the copyright holder or related 
right holder in a reasonable amount of copies. 
 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 permanent or provisional backup of the 
work in electronic form. 
 
11. Broadcasting  means the transmission of sound or image or both sound and image of a work, a 
performance, a phonogram, a video recording or a broa dcast to the public by wire or wireless means, 
including satellite transmission, in such a way th at members of the public may access that work from 
a place and at a time they themselves select. IP/N/1/VNM/I/1 
Page 4  
 
   
12. An invention  means a technical solution in form of a product or a process which is intended to 
solve a problem by application of laws of nature.     13. An industrial design  means a specific appearance of a product embodied by three-dimensional 
configurations, lines, colors, or a combination of these elements. 
 14. A 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. A layout-design of semiconductor integrated circuit  (hereinafter referred to as layout-design) 
means a three-dimensional disposition of circu it elements and their interconnections in a 
semiconductor integrated circuit. 
 
16. A mark  means any sign used to distinguish goods and/or services of different organizations or 
individuals.   17. A collective mark  means a mark used to distinguish goo ds and/or services of members from those 
of non-members of an organization which is the owner of such mark. 
 
18. A certification mark  means a mark which is authorized by its owner to be used by another 
organization or individual on the latter’s goods and/or services, for the purpose of certifying the origin, raw materials, materials, mode of manuf acture of goods or manner of provision of services, 
quality, accuracy, safety or other characteristics of goods and/or services bearing the mark. 
 
19. An 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. A well-known mark  means a mark widely known by consumers throughout the Vietnamese 
territory. 
 
21. A trade name  means a designation of an organization or  individual in business activities, capable 
of distinguishing the business entity bearing it fro m another 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. A geographical indication  means a sign which identifies a product as originating from a specific 
region, locality, territory or country.               
23. A trade secret  means information obtained from activiti es of financial and/or intellectual 
investment, which has not yet been di sclosed and can be used in business. 
 24. A plant variety  means a plant grouping within a single botanical taxon of the lowest known rank, 
which is morphologically uniform and suitable fo r being propagated unchange d, and can be defined 
by the expression of phenotypes resulting from a genot ype or a combination of given genotypes, and 
distinguished from any other plant grouping by the expression of at least one inheritable phenotype. 
  IP/N/1/VNM/I/1 
 Page 5 
 
 
  25. A protection title  means a document granted by the competent 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. 
 
Article 5.- Application of law 
 
1. Where there exist intellectual property-related ci vil matters which are not provided for in this Law, 
the provisions of the Civil Code shall apply.  2. Where there exist differences between this Law’ s provisions on intellectua l property and those of 
other laws, the provisions of this Law shall apply.  
 3. Where a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, the provisions of such treaty shall apply. 
 
Article 6.-  Bases for the emergence and establishm ent of intellectual property rights 
 1. Copyright shall arise at the moment when a work  is created and fixed in a certain material form, 
irrespective of its content, quality, presentation, me ans of fixation, language and whether or not it has 
been published or registered.  
2. Related rights shall arise at the moment when a performance, phonogram, video recording, 
broadcast or encrypted program-carrying satellite sign al is fixed or displayed without any prejudice to 
copyright.  3. Industrial property rights are established as follows: 
 
a/ Industrial property rights to an invention, in dustrial design, layout-design, mark or geographical 
indication shall be established on the basis of a deci sion of the competent state agency on the grant of 
a protection title according to the registration procedures stipulated in this Law or the recognition of international registration under treaties to which th e Socialist Republic of Vietnam is a contracting 
party; for a well-known mark, industrial property rights shall be established on the basis of use 
process, not subject to any registration procedures. 
 b/ Industrial property rights to a trade name shall be established on the basis of lawful use thereof; 
 c/ Industrial property rights to a trade secret shall be established on the basis of lawful acquirement 
and confidentiality thereof; 
 d/ Rights to repression of unfair competition shall be established on the basis of competition in business.  4. Rights to a plant variety shall be established on the basis of a decision of the competent state 
agency on the grant of plant variety protection title according to the registration procedures specified 
in this Law. 
 
Article 7.-  Limitations on intellectual property rights 
 
1. Intellectual property right holders shall only ex ercise their rights within the scope and term of 
protection provided for in this Law.  IP/N/1/VNM/I/1 
Page 6  
 
  2. The exercise of intellectual property rights must neith er be prejudicial to 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 the achievement of defense, security, people’s life-related objectives 
and other interests of the State and society specified  in this Law should 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 ot her organizations or indi viduals with appropriate 
terms. 
 
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 th e social ethics and public order and prejudicial to 
defense and security. 
 2. To encourage and promote activities of creation and utilization of intellectual assets in order to 
contribute to the socio-economic development and the 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 
for public interests; to encourage organizations and individuals at home or abroad to provide financial 
aids for creative activities and the protection of intellectual property rights.  4. To prioritize investment in training and fosteri ng the contingent of cadres,  public servants and other 
relevant subjects engaged in the protection of in tellectual property rights and the research into and 
application of sciences and techniques to the protection of intellectual property rights. 
 
Article 9.-  Right and responsibility of organizations and individuals for the protection of intellectual 
property rights    
Organizations and individuals have  the right to apply measures allowed by law to protect their 
intellectual property rights and have the responsibility to respect intellectual property rights of other 
organizations and individuals in accordance with the provisions of this Law and other relevant 
provisions of law. 
 
Article 10.- Contents of state management of intellectual property  
 1. Formulating and directing the materialization of  strategies and policies on protection of intellectual 
property rights.  2. Promulgating and organizing the implementati on of legal documents on intellectual property. 
 
3. Organizing the apparatus for management of  intellectual property; training and fostering 
intellectual property personnel.  4. Granting and carrying out other procedures related to registered copyright certificates, registered 
related rights certificates, protection titles for industr ial property objects and plant variety protection 
titles.  5. Inspecting and examining the observance of in tellectual property law; settling complaints and 
denunciations, and handling violations  of intellectual property law.  IP/N/1/VNM/I/1 
 Page 7 
 
 
   
6. Organizing intellectual property in formation and statistical activities. 
 7. Organizing and managing inte llectual property assessment activities. 
 
8. Educating, communicating and disseminati ng intellectual property knowledge and law. 
 9. Entering into international cooperation on intellectual property. 
 
Article 11.-  Responsibilities for state management of intellectual property 
 
1. The Government shall exercise unified state management of intellectual property.  2. The Science and Technology Ministry shall be answerable to the Government for assuming the 
prime responsibility for, and coordinating with the Culture and Information Ministry and the 
Agriculture and Rural Development Ministry in, performing the state management of intellectual 
property and the state management of industrial property rights.  The Culture and Information Ministry shall, within  the ambit of its tasks and powers, perform the 
state management of copyright and related rights.  
The Agriculture and Rural Development Ministry sh all, within the ambit of its tasks and powers, 
perform the state management of rights to plant varieties.  3. Ministries, ministerial-level agencies and Govern ment-attached agencies shall, within the ambit of 
their tasks and powers, have to coordinate with the Science and Technology Ministry, the Culture and 
Information Ministry, the Agriculture and Rural Development Ministry and provincial/municipal 
People’s Committees in performing the state management of intellectual property. 
 4. People’s Committees at all leve ls shall perform the state manage ment over intellectual property in 
their localities.  
5. The Government shall specify the powers and responsibilities for state management of intellectual 
property of the Science and Technology Ministry , the Culture and Information Ministry, the 
Agriculture and Rural Development Minist ry and People’s Committees at all levels. 
 
Article 12.-  Intellectual property fees and charges 
 
Organizations and individuals shall have to pay fees  and/or charges when carrying out the procedures 
related to intellectual property rights according to the provisions of this Law and other relevant 
provisions of law. 
 IP/N/1/VNM/I/1 
Page 8  
 
  Part Two 
COPYRIGHT AND RELATED RIGHTS 
 
Chapter I 
CONDITIONS FOR PROTECTION OF COPYRIGHT AND RELATED RIGHTS 
 
Section 1. CONDITIONS FOR PROTECTION OF COPYRIGHT 
 
Article 13.-  Authors and copyright holders that have works covered by copyright 
 
1. Organizations and individuals that have works covered by copyright  include persons who 
personally create such works and copyright holders defined in Articles 37 thru 42 of this Law. 
 2. Authors and copyright holders defined in Clause 1 of this Article include Vietnamese organizations 
and individuals; foreign organizati ons and individuals that have wo rks first published in Vietnam and 
not yet published in any other country, or simulta neously published in Vietnam within thirty days 
after its first publication in another country; foreig n organizations and indivi duals that have works 
protected in Vietnam under international conventions  on copyright to which the Socialist Republic of 
Vietnam is a contracting party. 
 
Article 14.-  Types of works covered by copyright  
 
1. Literary, artistic and scientific works covered by copyright 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;  c/ Press works;  d/ Musical works; 
 
e/ Dramatic works;  f/ Cinematographic works and works created by a process analogous to cinematography (hereinafter 
referred to collectively as cinematographic works); 
 
g/ Plastic-art works and works of applied art;  h/ Photographic works;  i/ Architectural works; 
 
j/ Sketches, plans, maps and drawings rela ted to topography or scientific works; 
 k/ Folklore and folk art works of folk culture; 
 
l/ Computer programs and compilations of data. 
 2. Derivative works shall be protected according to the provisions of Clause 1 of this Article only if it 
is not prejudicial to the copyright to wo rks used to create su ch derivative works. 
  IP/N/1/VNM/I/1 
 Page 9 
 
 
  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. 
 
Article 15.- Subject matters not covered by copyright protection 
 1. News of the day as mere items of press information.  2. Legal documents, administrative documents and other documents in the judicial domain and 
official translations of these documents. 
 3. Processes, systems, operation methods, concepts, principles and data.  Section 2. CONDITIONS FOR PROTECTION OF RELATED RIGHTS    
Article 16.- Organizations and individuals eligib le for protection of related rights 
 1. Actors/actresses, singers, instrumentalists, da ncers and other persons who perform literary and 
artistic works (hereinafter referred to collectively as performers).  
2. Organizations and individuals that own performances defined in Cl ause 1, Article 44 of this Law. 
 3. Organizations and individuals that first fix s ounds and images of perform ances or other sounds and 
images (hereinafter referred to  collectively as producers of phonograms and video recordings). 
 
4. Organizations which initiate and carry out the br oadcasting (hereinafter referred to as broadcasting 
organizations). 
 
Article 17.- Subject matters of related rights eligible for protection 
 1. Performances shall be protected if th ey fall into one of the following cases: 
 
a/ They are made by Vietnamese citizens in Vietnam or abroad;  b/ They are made by foreigners in Vietnam;  
c/ They are fixed on phonograms or video recordi ngs, and protected under the provisions of Article 30 
of this Law;  d/ They have not yet been fixed on phonograms or video recordings but already been broadcast, and 
are protected under the provisions of Article 31 of this Law;  
e/ They are protected under treaties to which the Soci alist Republic of Vietnam is a contracting party. 
 2. Phonograms and video recordings shall be protect ed if they fall into one of the following cases: 
 a/ They belong to phonogram and video reco rding producers bearing the Vietnamese nationality; 
 
b/ They belong to phonogram and video recordi ng producers protected under treaties to which the 
Socialist Republic of Vietnam is a contracting party.  IP/N/1/VNM/I/1 
Page 10  
 
  3. Broadcasts and encrypted program-carrying satellite signals shall be protected if they fall into one 
of the following cases:  a/ They belong to broadcasting organizati ons bearing the Vietnamese nationality;  
 
b/ They belong to broadcasting organizations prot ected under treaties to which the Socialist Republic 
of Vietnam is a contracting party.  4. Performances, phonograms, video recordings, br oadcasts and encrypted program-carrying satellite 
signals shall only be protected under the provisions of  Clauses 1, 2 and 3 of this Article provided that 
they are not prejudicial to copyright. 
 
Chapter II 
CONTENTS OF, LIMITATIONS ON AND TERM OF PROTECTION OF COPYRIGHT AND 
RELATED RIGHTS 
 
Section 1. CONTENTS OF, LIMITATIONS ON AND TERM OF PROTECTION OF COPYRIGHT 
 
Article 18.-  Copyright  
 Copyright to works provided for in this Law consists of moral right s and economic rights. 
 
Article 19.-  Moral rights   
 Moral rights of authors include the following rights:  
1. To title their works; 
 2. To attach their real names or pseudonyms to th eir works; to have their real names or pseudonyms 
acknowledged when their works are published or used;  3. To publish their works or authorize other persons to publish their works; 
 
4. To protect the integrity of their works, and to  prevent other persons from modifying, mutilating or 
distorting their works in whatever form prejudicial to their honor and reputation. 
 
Article 20.-  Economic rights  
 
1. Economic rights of authors include the following rights:  a/ To make derivative works;  b/ To display their works to the public; 
 
c/ To reproduce their works;  d/ To distribute or import original works or copies thereof;  
e/ To communicate their works to the public by wire or wireless means, electronic information 
networks or any other technical means;  f/ To lease original cinematographic works and computer programs or copies thereof.     IP/N/1/VNM/I/1 
 Page 11 
 
 
  2. The rights specified in Clause 1 of this Artic le shall be exclusively exercised by authors or 
copyright holders, or granted by authors or copy right holders to other persons for exercise under the 
provisions of this Law.  3. Organizations and individuals, when exercising one, several or all of the rights specified in 
Clause 1, this Article and Clause 3, Article 19 of this  Law, shall have to ask for permission of and pay 
royalties, remunerations and other materi al benefits to copyright holders. 
 
Article 21.-  Copyright to cinematographic works and dramatic works 
 
1. Persons who act as directors; screenwriters; cameramen; montage-makers; music composers; art 
designers; studio sound, lighting and art designers; studio instrument and technical-effect designers, 
and persons engaged in other crea tive jobs in the making of cinematographic works, shall enjoy the 
rights specified in Clauses 1, 2 and 4, Article  19 of this Law and other agreeable rights. 
 
Persons who act as directors, playwrights, chor eographers, music composers, art designers, stage 
sound, lighting and art designers, stage instrume nt and technical-effect designers, and persons 
engaged in other creative jobs in the making of dr amatic works, shall enjo y the rights specified in 
Clauses 1, 2 and 4, Article 19 of th is Law and other agreeable rights. 
 2. Organizations and individuals that invest th eir finance and material-technical facilities in the 
production of cinematographic works and dramatic works shall be holders of the rights specified in 
Clause 3, Article 19 and Article 20 of this Law.  3. Organizations and individuals defined in Clause 2 of this Article are obliged to pay royalties, 
remunerations and other material benefits as agreed  upon with the persons defined in Clause 1 of this 
Article. 
 
Article 22.-  Copyright to computer programs and compilations of data   
 1. A computer program means a set of instructions  which is expressed in form of commands, codes, 
diagrams or any other form and, when incorporated  in a device readable to computers, capable of 
enabling such computers to perform a job or achieve a designated result. 
Computer programs shall be protected like literary works, irrespective of wh ether they are expressed 
in form of source codes or machine codes.  2. A compilation of data means a set of data sel ected or arranged in a creative manner and expressed 
in electronic form or other forms. 
The protection of copyright to compilations of data does not cover, and is not prejudicial to copyright 
to those very data. 
 
Article 23.- Copyright to folklore or fo lk art works of folklore 
 
1. Folklore or folk art works mean collective creations based on traditions of a community or 
individuals reflecting such community’s earnest e xpectations, of which the expression is appropriate 
to its cultural and social characteristics, and its standards and values, whic h have been handed down 
by imitation or other modes. Folklore and folk art works include:  
a/ Folk tales, lyrics and riddles; 
 b/ Folk songs and melodies;  c/ Folk dances, plays, rites and games; IP/N/1/VNM/I/1 
Page 12  
 
   
d/ Folk art products, including graphics, paintings, sculptures, musical instruments, architectural models, and products of other folk arts expressed in whatever material form.  2. Organizations and individuals using folklore and folk art works of folklore must refer to their 
sources and preserve their true values.  
 
Article 24.-  Copyright to literary, artistic and scientific works 
 The protection of copyright to literary, artistic and scientific works provided for in Clause 1, 
Article 14 of this Law shall be specified by the Government. 
 
Article 25.-  Cases of use of published works where pe rmission and payment of royalties and/or 
remunerations are not required  
1. Cases of use of published works where permission  or payment of royalties and/or remunerations is 
not required include:  a/ Duplication of works by authors for scientific research or teaching purpose;  b/ Reasonable recitation of works without misrepresenting the authors’ views for commentary or 
illustrative purpose; 
 c/ Recitation of works without misr epresenting the authors’ views in articles published in newspapers 
or periodicals, in radio or television broadcasts, or documentaries;  
d/ Recitation of works in schools for lecturing purpose 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; 
 g/ Audiovisual recording of performances for purpo se 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 purpose of presenting images of such 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 define d in Clause 1 of this Article must neither affect 
the normal utilization of such works nor cause prej udice to rights of the authors and/or copyright 
holders; and must indicate the authors’ names, and sources and origins of the works.  
3. The use of works in the cases spec ified in Clause 1 of this Article shall not apply to architectural 
works, plastic works and computer programs. 
  IP/N/1/VNM/I/1 
 Page 13 
 
 
  Article 26.-  Cases of use of published works where permission is not required or but the payment of 
royalties and/or remunerations is required  1. Broadcasting organizations wh ich use published works in making their broadcasts, which are 
sponsored, advertised or charged in whatever form , shall not have to obtain permission but have to 
pay royalties or remunerations to copyright hold ers according to the Government’s regulations. 
 2. Organizations and individuals that use works define d in Clause 1 of this Article must neither affect 
the normal utilization of such works nor cause any prejudice to the rights of the authors and/or 
copyright holders; and must indicate the authors’  names, and sources and origins of the works. 
 
3. The use of works in the cases specified in Clause 1 of this Article shall not apply to 
cinematographic works. 
 
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 shall enjoy the following terms of protection: 
 
a/ Cinematographic works, photographic works, dram atic works, works of applied art and anonymous 
works shall have the term of protection of fifty years as from the date of first publication. Within fifty years after the fixation of a cinematographic work or dramatic work, if such work has not been 
published, the term of protection shall be calculated from the date of its fixation. For anonymous 
works, when information on their authors appear, th e term of protection shall be calculated under the 
provisions of Point b of this Clause.  b/ A work not specified at Point a of this Clause sh all be protected for the whole life of the author and 
for fifty years after his/her death. For a work under jo int authorship, the term of protection shall expire 
in the fiftieth year after the deat h of the last surviving co-author; 
 
c/ The term of protection specified at Points a and b of this Clause shall expire at 24:00 hrs of 
December 31 of the year of expiration of copyright protection term. 
 
Article 28.- Acts of infringing upon copyright  
 
1. Appropriating copyright to literary, artistic or scientific works.  2. Impersonating authors.  3. Publishing or distributing works without permission of authors. 
 
4. Publishing or distributing works under joint- authorship without permission of co-authors. 
 5. Modifying, mutilating or distorting works in such  a way as prejudicial to the honor and reputation 
of authors. 
 
6. Reproducing works without permission of aut hors or copyright holders, except for the cases 
specified at Points a and e, Clause 1, Article 25 of this Law.  IP/N/1/VNM/I/1 
Page 14  
 
  7. Making derivative works without permission of authors or holders of copyright to works used for 
the making of derivative works, excep t for the cases specified at Point i, Clause 1, Article 25 of this 
Law;  8. Using works without permission of copyright holders, without paying royalties, remunerations or 
other material benefits according to the provisions of  law, except for the cases specified in Clause 1, 
Article 25 of this Law.  9. Leasing works without paying royalties, remunerati ons or other material benefits to authors or 
copyright holders. 
 
10. Duplicating, reproducing, distributing, displaying or communicating works to the public via communication networks and by digital mean s without permission of copyright holders. 
 11. Publishing works without permission of copyright holders. 
 
12. Willingly canceling or deactivating technical solu tions applied by copyright holders to protect 
copyright to their works.  13. Willingly deleting or modifying right manageme nt information in electronic form in works. 
 
14. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing 
equipment when knowing or having grounds to know that such equipment may deactivate technical 
solutions applied by copyright holders to protect copyright to their works. 
 15. Making and selling works with forged signatures of authors of original works. 
 
16. Exporting, importing or distributing copies of works without permission of copyright holders.  Section 2. CONTENTS OF, LIMITATIONS ON, AND TERM OF PROTECTION OF RELATED RIGHTS 
 
Article 29.-  Rights of performers  
 1. Performers-cum-investors shall have the moral rights and economic rights to their performances. 
Where performers are not also investors, performer s shall have the moral rights whereas investors 
shall have the economic rights to performances. 
 
2. Moral rights include the following rights:  a/ To be acknowledged when performing or di stributing phonograms, video recordings, or 
broadcasting performances;  
b/ To protect the integrity of performed figures,  prevent others from modifying, mutilating or 
distorting works in whatever form prejudicial to the honor and reputation of performers.  3. Economic rights include exclusive rights to exerci se or authorize others to exercise the following 
rights: 
 
a/ To fix their live performances on phonograms or video recordings;  b/ To directly or indirectly reproduce their pe rformances which have been fixed on phonograms or 
video recordings;  IP/N/1/VNM/I/1 
 Page 15 
 
 
   
c/ To broadcast or otherwise communicate to the public their unfixed performances in a way 
accessible by the public, except where such performances are intended for broadcasting; 
 d/ To distribute to the public their original performan ces and copies thereof by mode of sale, rental or 
distribution by whatever technical means accessible by the public. 
 4. Organizations and individuals that  exploit and use the rights provided for in Clause 3 of this Article 
shall have to pay remunerations to performers accord ing to the provisions of law or under agreements 
in the absence of relevant provisions of law.  
Article 30.-  Rights of producers of phonograms and video recordings 
 1. Producers of phonograms and video recordings shall 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 distribute to the public their original pho nograms and video recordings and copies thereof by 
mode of sale, rent or distribution by whatever technical means accessible by the public.  
2. Producers of phonograms and video recordings shall enjoy material benefits when their 
phonograms and video recordings are distributed to the public. 
 
Article 31.- Rights of broadcasting organizations  
 
1. Broadcasting organizations shall have the exclusive right to exercise or authorize others to exercise 
the following rights:  a/ To broadcast or rebroadcast their broadcasts;  b/ To distribute to the public their broadcasts; 
 
c/ To fix their broadcasts;  d/ To reproduce their fixed broadcasts.  
2. Broadcasting organizations shall enjoy material benefits when their broa dcasts are recorded and 
distributed to the public. 
 
Article 32.-  Cases of use of related rights where permission and payment of royalties and/or 
remunerations are not required  
1. Cases of use of related rights where permission and payment of royalties and/or remunerations are 
not required include:  a/ Duplication of works by authors for scientific research purpose;  
b/ Duplication of works by authors for teaching purpose, except for performances, phonograms, video 
recordings or broadcasts which have been published for teaching purpose; 
 c/ Reasonable recitation for informatory purpose;  IP/N/1/VNM/I/1 
Page 16  
 
  d/ Making of provisional copies of works by broa dcasting organizations themselves for broadcasting 
purpose when they enjoy the broadcasting right.  2. Organizations and individuals that use the rights specified in Clause 1 of this Article must neither 
affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause 
any prejudice to the rights of performers, pr oducers of phonograms and video recordings, and 
broadcasting organizations. 
 
Article 33.-  Cases of use of related rights where permi ssion is not required but payment of royalties 
and/or remunerations is required 
 
1. Organizations and individuals th at use related rights in the following cases shall not have to ask for 
permission but must pay agreed royalties and/or  remunerations to performers, producers of 
phonograms and/or video recordings , or broadcasting organizations: 
 
a/ They directly or indirectly use phonograms or  video recordings already published for commercial 
purposes in making their broadcasts, which are sponso red, advertised or charged in whatever form; 
 b/ They use phonograms or video recordings alread y published in business or commercial activities. 
 2. Organizations and individuals that use the rights specified in Clause 1 of this Article must neither 
affect the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause 
any prejudice to the rights of performers, pr oducers of phonograms and video recordings, and 
broadcasting organizations. 
 
Article 34.-  Term of related right protection  
 
1. The rights of performers shall be protected for fifty years counting from the year following the year 
of fixation of their performances.  2. The rights of producers of phonograms or video recordings shall be protected for fifty years counting from year following the year of publication, or fifty years counting from the year following 
the year of fixation of unpublished phonograms or video recordings. 
 3. The rights of broadcasting organizations shall be protected for fifty years counting from the year following the year of the making of their broadcasts.  
4. The term of protection specified in Clauses 1, 2 and 3 of this Article shall expire at 24:00 hrs of 
December 31 of the year of expirati on of related right protection term. 
 
Article 35.- Acts of infringing upon related rights  
 1. Appropriating the rights of performers, produ cers of phonograms and/or video recordings and 
broadcasting organizations. 
 2. Impersonating performers, producers of phon ograms and video recordings and broadcasting 
organizations.  
3. Publishing, producing and di stributing fixed performances, phonograms, video recordings and 
broadcasts without permission of performers, pr oducers of phonograms and video recordings and 
broadcasting organizations.   IP/N/1/VNM/I/1 
 Page 17 
 
 
  4. Modifying, mutilating or distorting performances in whatever form prejudicial to the honor and 
reputation of performers.  5. Copying or reciting fixed performances, phonogram s, video recordings and broadcasts without 
permission of performers, producers of phonogr ams and video recordings and broadcasting 
organizations. 
 6. Disengaging or modifying right management info rmation in electronic form without permission of 
related right holders.  
7. Willingly canceling or deactivating technical solutions applied by  related right holders to protect 
their related rights   8. Publishing, distributing or importing for public distribution performances, copies of fixed performances or phonograms or video recordings when  knowing or having grounds to know that right 
management information in electronic form has b een disengaged or modified without permission of 
related right holders.  9. Manufacturing, assembling, transforming, distri buting, importing, exportin g, selling or leasing 
equipment when knowing or having grounds to know that such equipment help illegally decode an 
encrypted program-carrying satellite signal. 
 
10. Willingly receiving or relaying  an encrypted program-carrying satellite signal when such signal 
has been encoded without permission of the legal distributor.  
Chapter III 
COPYRIGHT HOLDERS, RELATED RIGHT HOLDERS 
 
Article 36.-  Copyright holders 
 Copyright holders mean organizations and individuals  that hold one, several or all the economic rights 
specified in Article 20 of this Law.  
Article 37.-  Copyright holders being authors 
 Authors who use their own time, finance and mate rial-technical foundations to create works shall 
have the moral rights specified in Article 19 and th e economic rights specified in Article 20 of this 
Law. 
 
Article 38.-  Copyright holders being co-authors  
 1. Co-authors who use their time, finance and ma terial-technical foundations to jointly create works 
shall share the rights specified in Articles 19 and 20 of this Law to such works. 
 
2. A co-author defined in Clause 1 of this Article who has jointly created a work, a separate part of 
which can be detached for independent use without any prejudice to parts of other co-authors, shall 
have the rights specified in Articles 19 and 20 of this Law to such separate part. 
 IP/N/1/VNM/I/1 
Page 18  
 
  Article 39.-  Copyright holders being organizations and indi viduals that have assigned tasks to authors 
or entered into contracts with authors  1. Organizations which have assigned tasks of creati ng works to authors who belong to them shall be 
holders of the rights specified in Article 20 and Clause 3, Article 19 of this Law, unless otherwise 
agreed. 
 2. Organizations and individuals th at have entered into contracts with authors for creation of works 
shall be holders of the rights specified in Article  20 and Clause 3, Article 19 of this Law, unless 
otherwise agreed.  
Article 40.-  Copyright holders being heirs       
 Organizations and individuals that inherit the copyright according to the provisions of law on 
inheritance shall be holders of the rights specified in Article 20 and Clause 3, Article 19 of this Law. 
 
Article 41.- Copyright holders being right assignees  
 Organizations and individuals that are assigned one, sev eral or all of the rights specified in Article 20 
and Clause 3, Article 19 of this Law under contracts shall be copyright holders. 
 
Article 42.- Copyright holders being the State 
 1. The State shall be the holder of  copyright to the following works: 
 a/ Anonymous works; 
 
b/ Works, of which terms of protection have not e xpired but their copyright holders die in default of 
heirs, heirs renounce succession or are deprived of the right to succession.  c/ Works, over which the ownership right has been assigned by their copyrigh t holders to the State. 
 
2. The Government shall specify the u se of works under the State ownership. 
 
Article 43.-  Works belonging to the public 
 1. Works, of which terms of protection have expire d according to the provisions of Article 27 of this 
Law shall belong to the public. 
 2. All organizations and individuals shall be entitled to use works defined in Clause 1 of this Article 
but must respect the moral rights of the authors specified in Article 19 of this Law.  3. The Government shall specify the use of works belonging to the public.  
Article 44.-  Related right holders 
 1. Organizations and individuals that use their ti me and invest their finance and material-technical 
foundations in making performances shall be owners of such performances, unless otherwise agreed 
with the concerned parties. 
 2. Organizations and individuals that use their ti me and invest their finance and material-technical 
foundations in producing phonograms a nd/or video recordings shall be owners of such phonograms 
and/or video recordings, unless otherwise agreed with the concerned parties.  IP/N/1/VNM/I/1 
 Page 19 
 
 
   
3. Broadcasting organizations sha ll be owners of their broadcasts, unless otherwise agreed with 
concerned parties.  
Chapter IV 
TRANSFER OF COPYRIGHT AND RELATED RIGHTS 
 Section 1. ASSIGNMENT OF COPYRIGHT AND RELATED RIGHTS  
 
Article 45.-  General provisions on assignment of copyright and related rights 
 
1. The assignment of copyright and related rights me ans the transfer by copy right holders or related 
right holders of the ownership of the rights specified in Clause 3, Article 19; Article 20; Clause 3, Article 29; Articles 30 and 31 of this Law to othe r organizations and individuals under contracts or 
according to the relevant provisions of law. 
 
2. Authors must not assign the moral rights specified in Article 19, except the right of publication; 
performers must not assign the moral rights speci fied in Clause 2, Article 29 of this Law. 
 3. Where a work, performance, phonogram, video record ing or broadcast is under joint ownership, the 
assignment thereof must be agreed upon by all co -owners. In case of joint ownership but a work, 
performance, phonogram, video recording or broadcast  is composed of separate parts which can be 
detached for independent use, copy right holders or related right holders may assign their copyright or 
related rights to their separate parts to other organizations or individuals. 
 
Article 46.-  Copyright or related right assignment contracts 
 
1. A copyright or related right assignment contract  must be established in writing and include the 
following principal contents:  a/ Names and addresses of the assignor and the assignee;  
b/ Assignment bases; 
 c/ Payment price and mode;  d/ Rights and obligations of the involved parties; 
 
e/ Liability for contract breaches.  2. The performance, amendment, termination or cance llation of copyright or related right assignment 
contracts shall comply with the provisions of the Civil Code.  
Section 2. LICENSING OF COPYRIGHT AND RELATED RIGHTS 
 
Article 47.-  General provisions on licensing of  copyright and related rights 
 1. Licensing of copyright and related rights means th e permission by copyright holders or related right 
holders for other organizations and individuals to use for a definite term one, several or all the rights 
specified in Clause 3, Article 19; Article 20; Clause 3, Article 29; Articles 30 and 31 of this Law.  2. Authors must not license the moral rights specified  in Article 19, except the right of publication; 
performers must not license the moral rights speci fied in Clause 2, Article 19 of this Law. IP/N/1/VNM/I/1 
Page 20  
 
   
3. Where a work, performance, phonogram, video record ing or broadcast is under joint ownership, the 
licensing of copyright or related rights must be agreed upon by a ll co-owners. In case of joint 
ownership but a work, performance, phonogram, vide o recording or broadcast is composed of 
separate parts which can be detached for independent  use, copyright holders or related right holders 
may license their copyright or related rights to their separate parts to other organizations or 
individuals.  4. Organizations and individuals that are licensed  copyright or related rights may license other 
organizations and individuals when obtaining the permission of copyright holders or related right 
holders. 
 
Article 48.-  Copyright or related right license contracts 
 1. A copyright or related right license contract must be established in writing and include the 
following principal contents: 
 a/ Full names and addresses of the licensor and the licensee;  b/ Licensing bases;  
c/ Licensing scope; 
 d/ Payment price and mode;  e/ Rights and obligations of the involved parties;        
 
f/ Liability for contract breaches.  2. The performance, amendment, termination or can cellation of copyright or related right license 
contracts shall comply with the provisions of the Civil Code.  
Chapter V 
CERTIFICATES OF REGISTERED COPYRIGHT OR RELATED RIGHTS 
 
Article 49.-  Registration of copyright or related rights 
 
1. The registration of copyright and related right s means the filing of applications and enclosed 
dossiers (hereinafter referred to collectively as app lications) by authors, copyright holders or related 
right holders with the competent state agencies fo r recording of information on authors, works, 
copyright holders and related right holders.  2. The filing of applications for grant of certificates of registered copyright or certificates of registered 
related rights is not a compulsory formality for en joyment of copyright or related rights according to 
the provisions of this Law.  3. Organizations and individuals that are granted cer tificates of registered copyright or certificates of 
registered related rights shall not have to bear the burden of proof of such copyright and related rights 
upon disputes, unless rebutting proofs are adduced. 
  IP/N/1/VNM/I/1 
 Page 21 
 
 
  Article 50.- Applications for registration of copyright or related rights   
 1. Authors, copyright holders or related right holders  may directly file or authorize other organizations 
or individuals to file applications for re gistration of copyright or related rights. 
 
2. An application for registration of copyright or related rights comprises: 
 a/ A written declaration for registration of copyright or related rights.  A written declaration must be made in Vietnamese a nd signed by the author, copyright holder, related 
rights holder or person authorized to file the appli cation, fully stating the in formation on the applicant, 
author, copyright holder or related rights holde r; summarized content of the work, performance, 
phonogram, video recording or broadcast; the name of the author, the title of the work used to make 
derivative work in cases where the to be-registered wo rk is a derivative work; the date, place and form 
of publication; the guaranteed responsibility fo r information stated in the application. 
 
The Culture and Information Ministry shall set the form of written declarations for copyright or 
related right registration;  b/ Two copies of the work subject to application fo r copyright registration, or two copies of the fixed 
object subject to the related right registration; 
 
c/ A letter of authorization where the applicant is the authorized person;  d/ Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from or assignment by another person; 
 
e/ Written consent of co-authors, for works under joint authorship;  f/ Written consent of co-owners if the copyrigh t or related rights are under joint-ownership. 
 3. The documents specified at Point c, d, e and f, Clause 2 of this Article must be made in 
Vietnamese. Documents in foreign languag es must be translated into Vietnamese. 
 
Article 51.-  Competence to grant registered copyright cer tificates, registered related rights certificates 
 1. The state management agency in charge of c opyright and related rights is competent to grant 
registered copyright certificates and registered related rights certificates. 
 2. The state agency competent to grant registered copyright certificates and registered related rights 
certificates can re-grant, renew or revoke such certificates.  3. The Government specifies the conditions, or der and procedures for re-grant, renewal and 
revocation of registered copyright certificates and registered related rights certificates. 
 4. The Culture and Information Ministry sets th e forms of registered copyright certificates and 
registered related rights certificates. 
 
Article 52.-  Time limit for granting registered copyright certificates or registered related rights 
certificates  Within fifteen working days after the receipt of a valid dossier, the state management agency in 
charge of copyright and related rights shall have to grant a registered copyright certificate or IP/N/1/VNM/I/1 
Page 22  
 
  registered related rights certificate to the applican t. In case of refusal to grant registered copyright 
certificates or registered related rights certificates, the state management agency in charge of copyright and related rights must notify such in writing to the applicants. 
 
Article 53.-  Validity of registered copyright certificates  and registered related rights certificates 
 
1. Registered copyright certificates and registered related rights certificates shall be valid throughout 
the Vietnamese territory.  2. Registered copyright certificates and registered related rights certificates, which have been granted 
by the state management agency in charge of copyri ght and related rights before the effective date of 
this Law shall continue to be valid. 
 
Article 54.- Recording and publication of registered copyright or registered related rights  
 
1. Registered copyright certificates and registered related rights certificates shall be recorded in the 
national register of copyright and related rights.  2. Decisions on grant, re-grant, renewal or revo cation of registered copyright certificates and 
registered related rights certificates shall be publishe d in the Official Gazette on copyright and related 
rights.  
Article 55.-  Re-grant, renewal and revocation of regist ered copyright certificates and registered 
related rights certificates  1. Where a registered copyright certificate or registered  related rights certificate is lost or damaged, or 
where the copyright holder or related rights holder is changed, the competent agency defined in 
Clause 2, Article 51 of this Law shall re-grant or  renew such registered copyright certificate or 
registered related rights certificate.  2. Where a registered copyright certificate or registered related rights certificate grantee is not the author, copyright holder or related right holder, or where the registered work, phonogram, video 
recording or broadcast is ineligible for protection,  the competent state agency defined in Clause 2, 
Article 51 of this Law shall revoke such registered  copyright certificate or registered related rights 
certificate.  3. Organizations and individuals that detect that the grant of registered copyright certificates and/or 
registered related rights certificates is contrary to the provisions of this Law are entitled to request the 
state management agency in charge of copyright a nd related rights to revoke such registered copyright 
certificates and registered related rights certificates.  
Chapter VI 
COPYRIGHT AND RELATED RIGHTS REPRESENTATION, CONSULTANCY AND SERVICE 
ORGANIZATIONS 
 
Article 56.- Organizations acting as collective represen tatives of copyright and related rights 
 1. Organizations acting as collective representatives  of copyright and/or related rights are not-for-
profit organizations established unde r agreements among authors, copy right holders and/or related 
right holders and operating according to the provisions  of law for protection of copyright and related 
rights.   IP/N/1/VNM/I/1 
 Page 23 
 
 
  2. Organizations acting as collective representatives of copyright and/or related rights shall conduct 
the following activities under authorization by authors,  copyright holders and/or related right holders: 
 a/ Performing the management of copyright an d/or related rights; c onducting negotiations for 
licensing, collection and division of royalties, remu nerations and other material benefits from the 
exercise of authorized rights; 
 b/ Protecting legitimate rights and interests of their members; organizing conciliations upon 
occurrence of disputes.  
3. Organizations acting as collective representatives of  copyright and/or relate d rights shall have the 
following rights and duties:  a/ To conduct creation-promoting activities and other social activities;  
b/ To cooperate with their counterparts in interna tional and national organizati ons on the protection of 
copyright and related rights;  c/ To make regular and irregular reports on collective representation activities to competent state agencies;  
d/ Other rights and duties according to the provisions of law.  
 
Article 57.-  Copyright and related right cons ultancy and service organizations  
 1. Copyright and related right consultancy and service organizations are established and operate 
according to the provisions of law. 
 2. Copyright and related right consultancy a nd service organizations shall conduct the following 
activities at the request of authors, copyright holders, related right holders:  a/ Providing consultancy on issues related to the pr ovisions of law on copyright and/or related rights; 
 
b/ Carrying out, on the behalf of copyright holders  or related right holders, the procedures for filing 
applications for registration of copyrigh t or related rights under authorization; 
 c/ Joining other legal relations on copyright, related rights, protection of legitimate rights and interests 
of authors, copyright holders and rela ted right holders under authorization. 
 
Part Three 
INDUSTRIAL PROPERTY RIGHTS 
 
Chapter VII 
CONDITIONS FOR PROTECTION OF INDUSTRIAL PROPERTY RIGHTS 
 Section 1. PROTECTION CONDITIONS FOR INVENTIONS  
 
Article 58.-  General conditions for inventi ons eligible for protection  
 
1. An invention shall be protected by mode of gran t of invention patent when it satisfies the following 
conditions:  a/ Being novel; IP/N/1/VNM/I/1 
Page 24  
 
   
b/ Involving an inventive step;  c/ Being susceptible of industrial application.  
2. Unless it is a common knowledge, an invention sh all be protected by mode of grant of utility 
solution patent when it satisfies the following conditions:  a/ Being novel;  
b/ Being susceptible of industrial application. 
 
Article 59.-  Subject matters not protected as inventions  
 The following subject matters shall not be protected as inventions: 
 
1. Scientific discoveries or theories, mathematical methods;  2. Schemes, plans, rules and methods for performin g mental acts, training domestic animals, playing 
games, doing business; computer programs;  
3. Presentations of information; 
 4. Solutions of aesthetical characteristics only;  5. Plant varieties, animal breeds; 
 
6. Processes of plant or animal production which are principally of biological nature other than 
microbiological ones;  7. Human and animal disease prevention, diagnostic and treatment methods. 
 
Article 60.- Novelty of inventions 
 1. An invention shall be considered novel if it ha s not yet been publicly disclosed through use or by 
means of a written description or any other form, insi de or outside the country, before the filing date 
or the priority date, as applicable, of the invention registration application. 
 
2. An invention shall be considered having not ye t been publicly disclosed if it is known to only a 
limited number of persons who are obliged to keep it secret.  3. An invention shall not be considered having lost  its novelty if it is published in the following cases, 
provided that the invention registration applicatio n is filed within 6 months from the date of 
publication: 
 a/ It is published by another person without permi ssion of the person having the right to register it 
defined in Article 86 of this Law;  
b/ It is published in the form of a scientific pr esentation by the person having the right to register it 
defined in Article 86 of this Law;  c/ It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it defined in Article 86 of this Law.   IP/N/1/VNM/I/1 
 Page 25 
 
 
  Article 61.-  Inventive step of inventions  
 An invention shall be considered involving an inve ntive step if, based on technical solutions already 
publicly disclosed through use or by means of a written description or any other form, inside or 
outside the country, prior to the filing date or th e priority date, as applicable, of the invention 
registration application, it constitutes an inventiv e progress and cannot be easily created by a person 
with average knowledge in the art. 
 
Article 62.-  Susceptibility of industrial application of inventions  
 
An invention shall be considered su sceptible of industrial application if it is possible to realize mass 
manufacture or production of products or repeated app lication of the process that is the subject mater 
of the invention, and to achieve stable results.  Section 2. PROTECTION CONDITIONS FOR INDUSTRIAL DESIGNS  
 
Article 63.-  General conditions for industrial designs eligible for protection  
 An industrial design shall be protected when it satisfies the following conditions:  1. Being new; 
 
2. Being creative;  3. Being susceptible of industrial application. 
 
Article 64.-  Subject matters not protected as industrial designs  
 The following subject matters shall not be protected as industrial designs:  1. Appearance of a product, which is dictated by the technical features of the product;  
2. Appearance of a civil or an industrial construction work; 
 3. Shape of a product, which is invisible during the use of the product. 
 
Article 65.-  Novelty of industrial designs  
 
1. An industrial design shall be considered new if  it significantly differs from other industrial designs 
that are already publicly disclosed through use or by means of written descriptions or in any other 
form, inside or outside the country, prior to the filin g date or the priority date, as applicable, of the 
industrial design registration application.  
2. Two industrial designs shall not be considered  significantly different from each other if they are 
only different in appearance features which are not easily noticeable and memorable and which 
cannot be used to distinguish these industrial designs as whole.  3. An industrial design shall be considered having not yet been publicly disclosed if it is known to 
only a limited number of persons who are obliged to keep it secret. 
 4. An industrial design shall not be considered havi ng lost its novelty if it is published in the following 
cases, provided that the industrial design registrati on application is filed within 6 months from the 
date of publication: IP/N/1/VNM/I/1 
Page 26  
 
   
a/ It is published by another person without permi ssion of the person having the right to register it 
defined in Article 86 of this Law;  b/ It is published in the form of a scientific pr esentation by the person having the right to register it 
defined in Article 86 of this Law; 
 c/ It is displayed at a national exhibition of Vietnam or at an official or officially recognized international exhibition by the person having the right to register it defined in Article 86 of this Law. 
 
Article 66.-  Creativity of industrial designs 
 An industrial design shall be considered creativ e if, based on industrial designs already publicly 
disclosed through use or by means of written descripti ons or in any other form, inside or outside the 
country, before the filing date or the priority date , as applicable, of the industrial design registration 
application, it cannot be easily created by a person with average knowledge in the art. 
 
Article 67.-  Susceptibility of industrial application of industrial designs  
 An industrial design shall be considered susceptible of industrial application if it can be used as a 
model for mass manufacture of products with app earance embodying such industrial design by 
industrial or handicraft methods. 
 Section 3. PROTECTION CONDITIONS FOR LAYOUT-DESIGNS  
 
Article 68.-  General conditions for layout-designs eligible for protection  
 
A layout-design shall be protected when it satisfies the following conditions:  1. Being original;   2. Being commercially novel.  
Article 69.-  Subject matters not protected as layout-designs 
 The following subject matters shall not be protected as layout-designs:  
1. Principles, processes, systems or methods operated by semiconductor integrated circuits; 
 2. Information or software contained in semiconductor integrated circuits. 
 
Article 70.-  Originality of layout-designs  
 
1. A layout-design shall be considered origin al if it satisfies the following conditions:  
 a/ Being result of its author’s creative labor;   b/ Having not been widely known among creat ors of layout-designs or manufacturers of 
semiconductor integrated circuits at the time of its creation.  
 2. A layout-design that is a combination of elements and common interconnections shall be 
considered to be original only if such combinati on, taken as a whole, is original according to the 
provisions of Clause 1 of this Article.  IP/N/1/VNM/I/1 
 Page 27 
 
 
   
Article 71.-  Commercial novelty of layout-designs 
 1. A layout-design shall be considered commercia lly novel if it has not yet been commercially 
exploited anywhere in the world prior to the filing date of the registration application.  
 
2. A layout-design shall not be considered having  lost its commercial novelty if the layout-design 
registration application is filed within 2 years from the date it was commercially exploited for the first 
time anywhere in the world by the person who has the right to register it defined in Article 86 of this 
Law or his/her licensee.  
 
3. Commercial exploitation of a layout-design mentione d in Clause 2 of this Article means any act of 
public distribution for commercial purposes of a se miconductor integrated circuit produced by 
incorporation of such layout-design, or a commod ity containing such semiconductor integrated 
circuit. 
 
Section 4. PROTECTION CONDITIONS FOR MARKS 
 
Article 72.- General conditions for marks eligible for protection 
 A mark shall be protected when it satisfies the following conditions: 
 
1. Being a visible sign in the form of letters, word s, drawings or images, including holograms, or a 
combination thereof, represented in one or more colors;  2. Being capable of distinguishing goods or services of the mark owner from those of other subjects.   
Article 73.-  Signs not protected as marks 
 The following signs shall not be protected as marks:  1. Signs identical with or confusingly sim ilar to national flags or national emblems; 
 
2. Signs identical with or confusingly similar to em blems, flags, armorial bearings, abbreviated names 
or full names of Vietnamese state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social orga nizations or socio-professional organizations or 
international organizations, unless permitte d by such agencies or organizations; 
 
3. Signs identical with or confusingly similar to r eal names, alias, pseudonym s or images of leaders, 
national heroes or famous personalities of Vietnam or foreign countries; 
 4. Signs identical with or confusingly similar to certification seals, check seals or warranty seals of 
international organizations which require that their signs must not be used, unless such seals are 
registered as certification marks by those organizations; 
 5. Signs which cause misleading or confusion or d eceive consumers as to the origin, properties, 
intended utilities, quality, value or other characteristics of goods or services. 
 
Article 74.- Distinctiveness of marks  
 1. A mark shall be considered distinctive if it consists of one or several easily noticeable and 
memorable elements, or of many elements forming an easily noticeable and memorable combination, and does not fall into the cases specified in Clause 2 of this Article. IP/N/1/VNM/I/1 
Page 28  
 
   
2. A mark shall be considered as indistinctive if it is a sign or signs falling into one of the following cases:   a/ Simple shapes and geometric figures, numerals, letters or scripts of unc ommon languages, except 
where such signs have been widely used and recognized as a mark;  
 b/ Conventional signs or symbols, pictures or co mmon names in any language of goods or services 
that have been widely and regularly  used and known to many people;  
 
c/ Signs indicating time, place and method of pro duction, category, quantity, quality, properties, 
ingredients, intended utility, value or other charac teristics, which is descriptive of goods or services, 
except where such signs have acquired distinc tiveness through use before the filing of mark 
registration applications;  
d/ Signs describing the legal status and business field of business entities; 
 e/ Signs indicating the geographical  origin of goods or services, ex cept where such signs have been 
widely used and recognized as a mark or register ed as collective marks or certification marks as 
provided for in this Law;  
f/ Signs other than integrated marks which are iden tical with or confusingly similar to registered 
marks of identical or similar goods or services on the basis of registration applications with earlier filing dates or priority dates, as applicable, includi ng mark registration appli cations filed under treaties 
to which the Socialist Republic of Vietnam is a contracting party;  
g/ Signs identical with or confusingly similar to another person’s mark which has been widely used 
and recognized for similar or identical goods or services before the filing date or the priority date, as 
applicable;  h/ Signs identical with or confusingly similar to another person’s mark which has been registered for 
identical or similar goods or services, the registrati on certificate of which has been invalidated for no 
more than 5 years, except where the ground for such  invalidation is non-use of the mark according to 
Point d, Clause 1, Article 95 of this Law;   i/ Signs identical with or confusingly similar to  another person’s mark recognized as a well-known 
mark which has been registered for goods or servi ces which are identical with or similar to those 
bearing such well-known mark, or for dissimilar goods or services if the use of  such mark may affect 
the distinctiveness of the well-known mark or the ma rk registration is aimed at taking advantage of 
the reputation of the well-known mark;  j/ Signs identical with or similar to another person’s  trade name currently in use if the use of such 
signs may cause confusion to consumers as to the origin of goods or services; 
 
k/ Signs identical with or similar to a geographical indication being protected if the use of such signs may mislead consumers as to the geographical origin of goods;  l/ Signs identical with, containing or being translated or transcribed from geographical indications 
being protected for wines or spirits if such signs ha ve been registered for use with respect to wines 
and spirits not originating from the geographical  areas bearing such geographical indications;  
  IP/N/1/VNM/I/1 
 Page 29 
 
 
  m/ Signs identical with or insignificantly differe nt from another person’s i ndustrial design which has 
been protected on the basis of an industrial desi gn registration application with the filing date or 
priority date earlier than that of the mark registration application. 
 
Article 75.- Criteria for evaluation of well-known marks 
 
The following criteria shall be taken into acc ount when a mark is considered well-known: 
 1. The number of involved consumers who have been aware of the mark through purchase or use of goods or services bearing the mark or through advertising; 
 
2. Territorial area in which goods or ser vices bearing the mark are circulated;  
 3. Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided; 
 
4. Duration of continuous use of the mark;  5. Wide reputation of goods or services bearing the mark; 
 6. Number of countries protecting the mark; 
 
7. Number of countries recognizing the mark as a well-known mark;   8. Assignment price, licensing price, or investment capital contribution value of the mark.  
Section 5. PROTECTION CONDITIONS FOR TRADE NAMES 
 
Article 76.- General conditions for trade names eligible for protection 
 A trade name shall be protected wh en it is capable of distinguishing the business entity bearing it from 
other business entities operating in the same business field and locality.  
Article 77.- Subject matters not protected as trade names  
 Names of state agencies, political organizati ons, socio-political organizations, socio-political-
professional organizations, social organizations, soci o-professional organizations or other entities that 
are not involved in business activities shall not be protected as trade names. 
 
Article 78.- Distinctiveness of trade names  
 A trade name shall be considered distinc tive when it satisfies the following conditions: 
 
1. Consisting of a proper name, except where it has been widely known through use; 
 2. Being not identical with or confusingly similar to  a trade name having been used earlier by another 
person in the same business field and locality;  
3.Being not identical with or confusingly sim ilar to another person’s mark or a geographical 
indication having been protected before the date it is used. Section 6. PROTECTION CONDITIONS FOR GEOGRAPHICAL INDICATIONS 
 IP/N/1/VNM/I/1 
Page 30  
 
  Article 79.-  General conditions for geographical i ndications eligible for protection 
 A geographical indication shall be protected when it satisfies the following conditions:  1. The product bearing the geographical indication originates from the area, locality, territory or 
country corresponding to such geographical indication; 
 2. The product bearing the geographical indication h as a reputation, quality or characteristics mainly 
attributable to geographical conditions of the area , locality, territory or country corresponding to such 
geographical indication.  
Article 80.- Subject matters not protected as geographical indications  
 The following subject matters shall not be protected as geographical indications:  
1. Names or indications which have become generic names of goods in Vietnam; 
 2. Geographical indications of foreign countries where they are not or no longer protected or no longer used;  3. Geographical indications identical with or simi lar to a protected mark, where the use of such 
geographical indications is likely to cause a confusion as to the origin of products; 
 4. Geographical indications which mislead consumer s as to the true geographical origin of products 
bearing such geographical indications. 
 
Article 81.- Reputation, quality and characteristics of pr oducts bearing geographical indications  
 1. Reputation of products bearing a geographical indication shall be determined on the basis of 
consumers’ trust in such products through the extent  of their being widely known to and selected by 
consumers.  
2. Quality and characteristics of products bearing a geographical indication shall be defined by one or 
several qualitative, quantitative or physically, chem ically, microbiologically perceptible criteria which 
can be tested by technical means or e xperts with appropriate testing methods. 
 
Article 82.- Geographical conditions relevant  to geographical indications 
 
1. Geographical conditions relevant to a geogra phical indication mean natural and human factors 
decisive to reputation, quality and characteristics of products bearing such geographical indication. 
 2. Natural factors include climatic, hydrological, geological, topographical and ecological factors and 
other natural conditions. 
 
3. Human factors include skills and expertise of  producers, and traditional production processes of 
localities. 
 
Article 83.- Geographical areas bearing geographical indications  
 
Geographical areas bearing geographical indica tions shall have their boundaries accurately 
determined in words and maps.    IP/N/1/VNM/I/1 
 Page 31 
 
 
  Section 7. PROTECTION CONDITIONS FOR BUSINESS SECRETS 
 
Article 84.- General conditions for business s ecrets eligible for protection 
 A business secret shall be protected wh en it satisfies the following conditions: 
 
1. Being neither common knowledge nor easily obtained;  2. Being capable, when being used in business activ ities, of rendering advantages to its holder over 
those who do not hold or use it; 
 
3. Being kept secret by its owner with necessary m easures so that it shall neither be disclosed nor 
easily accessible. 
 
Article 85.-  Subject matters not protected as business secrets  
 
The following confidential information sh all not be protected as business secrets: 
 1. Personal identification secrets;  2. State management secrets; 
 
3. National defense and security secrets;  4. Other confidential information irrelevant to business.  
Chapter VIII 
ESTABLISHMENT OF INDUSTRIAL PROPERTY RIGHTS TO INVENTIONS, INDUSTRIAL 
DESIGNS, LAYOUT-DESIGNS, MARKS AND GEOGRAPHICAL INDICATIONS 
 Section 1. REGISTRATION OF INVENTIONS, INDUSTRIAL DESIGNS, LAYOUT-DESIGNS, MARKS AND GEOGRAPHICAL INDICATIONS  
Article 86.- The right to register inventions, industrial designs and layout-designs 
 1. The following organizations and individuals shall have the right to register inventions, industrial 
designs and layout-designs: 
 
a/ Authors who have created inve ntions, industrial designs or lay out-designs with their own efforts 
and expenses;   b/ Organizations or individuals w ho have supplied funds and material facilities to authors in the form 
of job assignment or hiring unless otherwise agreed by the involved parties whose agreements are not 
contrary to the provisions of Clause 2 of this Article. 
 2. The Government shall provide for the right to register inventions, industrial designs and layout-
designs created by using material and techni cal facilities and funds from the state budget. 
 
3. Where more than one organizations  or individuals have jointly created or invested in the creation of 
an invention, industrial design or layout-design, th ese organizations or individuals shall all have the 
registration right, which shall only be  exercised with their consensus. 
 IP/N/1/VNM/I/1 
Page 32  
 
  4. A person who has the registra tion right as provided in this Artic le may assign that right to other 
organizations or individuals in the form of a writte n contract, bequeathal or inheritance in according 
to the provisions of law, even where a registration application has been filed. 
 
Article 87.- Right to register marks 
 
1. Organizations or individuals shall have the ri ght to register marks to be used for goods they 
produce or services they provide.  2. Organizations or individuals lawfully trading in products produced by others shall have the right to 
register marks for such products, provided that th e producers neither use such marks for their products 
nor object to such registration.  3. Collective organizations lawfully established shall have the right to register collective marks to be 
used by their members under the regulations on use of collective marks. For signs indicating 
geographical origins of goods or services, organizati ons having the right to register them shall be 
collective organizations of organizations or indivi duals engaged in production or trading in relevant 
localities.  4. Organizations with the function of controlling a nd certifying quality, properties, origin or other 
relevant criteria of goods or services shall have the ri ght to register certification marks, provided that 
they are not engaged in production or trading of such goods or services. 
 5. Two or more organizations or i ndividuals shall have the right to jointly register a mark in order to 
become its co-owners on the following conditions:  
a/ Such mark is used in the names of all co-own ers or used for goods or services which are produced 
or dealt in with the participation of all co-owners;   b/ The use of such mark causes no confusion to consumers 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, bequeatha l or inheritance according to law, provided that 
the assigned organizations or individuals satisfy the respective 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, then such repr esentative or agent shall not be permitted to register 
such mark unless it is so agreed by the mark owner,  except where a justifiable reason is available. 
 
Article 88.- Right to register geographical indications 
 
The right to register Vietnamese geographical indications belongs to the State.  The State allows organizations and individuals pr oducing products bearing geographical indications, 
collective organizations representing such organizati ons or individuals or ad ministrative management 
agencies of localities to which such geographical indica tions pertain to exercise the right to register 
such geographical indications. Persons who exercise the right to register geographical indications 
shall not become owners of such geographical indications. 
  IP/N/1/VNM/I/1 
 Page 33 
 
 
  Article 89.- Modes of filing registration applications fo r establishment of industrial property rights 
 1. Vietnamese organizati ons and individuals, foreign individuals  permanently residing in Vietnam and 
foreign organizations or individuals having pro duction or business establishments in Vietnam shall 
file applications for registration of establishment of industrial property rights either directly or through 
their lawful representatives in Vietnam. 
 2. Foreign individuals not permanently residing in  Vietnam, foreign organizations or individuals 
having no production or business establishments in Viet nam shall file applications for registration of 
establishment of industrial property rights thr ough their lawful representatives in Vietnam. 
 
Article 90.- The first-to-file principle  
 1. Where two or more applications are filed by many different parties for registration of the same invention, or for registration of industrial designs identical with or insignificantly different from each 
other, or for registration of marks identical with or confusingly similar to each other, for identical or 
similar goods or services, the protection title may only  be granted to the valid application with the 
earliest priority or filing date among applications that satisfy all the conditions for the grant of 
protection titles.  2. Where there are two or more applications satis fying all the conditions for the grant of protection 
titles and having the same earliest priority or filing date, the protection title may only be granted to a 
single application out of these applications under an  agreement by all applicants. Without such an 
agreement, all these applications shall be refu sed for the grant of a protection title.    
 
Article 91.- Principle of priority   
 
1. An applicant for registration of an invention, an  industrial design or a mark may claim priority on 
the basis of the first application for registration of protection of the same subject matter if the 
following conditions are fully satisfied:  a/ The first application has been filed in Vietnam or  in a country being a contracting party to a treaty 
containing provisions on priority right to which the So cialist Republic of Vietnam is also a contracting  
party, or in a country having agreed with Vietnam to apply such provisions;   b/ The applicant is a citizen of Vietnam or of a country defined at Point a of this Clause, who resides or has a production or business establishment in Viet nam or in a country defined at Point a of this 
Clause;  
 c/ The claim for the priority right is  clearly stated in the application and a copy of the first application 
certified by the receiving office is enclosed;  d/ The application is filed within the time li mit provided for in a treaty to which Vietnam is 
contracting party. 
 2. In an invention, industrial design or mark re gistration application, the applicant may claim the 
priority right on the basis of different earlier filed applications, provided that the corresponding contents of such earlier applications and the application are indicated.   
 
3. An industrial property registration application enjo ying priority right shall bear the priority date 
being the filing date of the first application.  
 IP/N/1/VNM/I/1 
Page 34  
 
  Article 92.- Protection titles  
 1. Protection titles shall recognize owners of invent ions, industrial designs, layout-designs or marks 
(hereinafter referred to as protection title owners); au thors of inventions, industrial designs or layout-
designs; subject matters, scope and term of protection. 
 
2. Protection titles of geographical indications sha ll record organizations managing such geographical 
indications, organizations or individuals having the right to use such geographical indications, 
protected geographical indications, particular char acteristics of products bearing such geographical 
indications, particular characteristics of geographi cal conditions and geographical areas bearing such 
geographical indications. 
 3. Protections titles include invention patent, utility solution patent, industrial design patent, certificate 
of registered semiconductor integrated circuit la yout-design, certificate of registered mark and 
certificate of registered geographical indication.   
Article 93.- Validity of protection titles  
 1. Protection titles shall be valid throughout the Vietnamese territory.  2. Invention patents shall each have a validity star ting from the grant date an d expiring at the end 
of 20 years after the filing date. 
 3. Utility solution patents shall have a validity star ting from the grant date and expiring at the end 
of 10 years after the filing date.  
4. Industrial design patents shall have a validity st arting from the grant date and expiring at the end 
of 5 years after the filing date and may be rene wed for two consecutive terms, each of 5 years. 
 5. Certificates of registered semiconductor integrat ed circuit layout-designs shall each have a validity 
starting from the grant date and expiring at the earliest date among the following:  
a/ The end of 10 years after the filing date; 
 b/ The end of 10 years after the date the layout-desi gns were first commercially  exploited anywhere in 
the world by persons having the registration right or their licensees;  
c/ The end of 15 years after the date of creation of the layout-designs. 
 6. Certificates of registered marks shall have a va lidity starting from the grant date and expiring at the 
end of 10 years after the filing date and may be  renewed for many consecutive terms, each of 10 
years.  
7. Certificates of registered geographical indications  shall have an indefinite validity starting from the 
grant date. 
 
Article 94.-  Maintenance and prolongation of  validity of protection titles 
 
1. In order to maintain the validity of an inventi on patent or a utility solution patent, its owner shall 
have to pay validity maintenance fee.  2. In order to have the validity of an industrial design patent or a certificate of registered mark 
prolonged, its owner shall have to pay validity prolongation fee.  IP/N/1/VNM/I/1 
 Page 35 
 
 
   
3. Fee rates and procedures for maintaining or prolonging validity of protection titles shall be 
provided for by the Government. 
 
Article 95.- Termination of validity of protection titles 
 
1. The validity of a protection title sha ll be terminated in the following cases: 
 a/ Its owner fails to pay the validity ma intenance or prolongation fee as prescribed; 
 
b/ Its owner declares to relinquish the industrial property rights; 
 c/ Its owner no longer exists or the owner of a certif icate of registered mark is no longer engaged in 
business activities without any lawful heir;  
d/ The mark has not been used by its owner or his/her licensee without justifiable reasons 
for 5 consecutive years prior to a request for term ination of validity, except where the use is 
commenced or resumed at least 3 months before the request for termination;  e/ The owner of a certificate of registered collective mark fails to supervise or ineffectively supervises 
the implementation of the regulation on use of collective marks; 
 
f/ The owner of a certificate of registered certification mark violates the regulation on use of certification marks or fails to supervise or ine ffectively supervises the implementation of such 
regulation;  
g/ The geographical conditions decisive to reputatio n, quality or special characteristics of  products 
bearing a geographical indication have changed resulti ng in the loss of such  reputation, quality or 
characteristics of products.   2. Where the owner of an invention protection title fa ils to pay the validity maintenance fee before the 
set time limit, the validity of such protection title shall, upon the expiration of such time limit, 
automatically terminate as from the first day of the first valid year for which the validity maintenance 
fee has not been paid. The state management agen cy in charge of industrial property rights shall 
record such termination in the National Register of  Industrial Property and publish it in the Official 
Gazette of Industrial Property.  
3. Where the owner of a protection title declares to relinquish industrial property rights provided for at 
Point b, Clause 1 of this Article, the state management agency in ch arge of industrial property rights 
shall decide to terminate the validity of such prot ection title from the date of receipt of the owner’s 
declaration;   4. Organizations and individuals sha ll have the right to request the state management agency in charge 
of industrial property rights to te rminate the validity of protection titl es in cases specified at Points c, 
d, e, f and g, Clause 1 of this Article, provi ded that they have paid fees and charges. 
Based on the result of the examination of requests for termination of validity of protection titles and 
involved parties’ opinions, the state management agency in charge of industrial property rights shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the 
validity of protection titles.  
 5. The provisions of Clauses 1, 3 and 4 of this Article  shall also apply to the termination of validity of 
international registrations of marks. 
 IP/N/1/VNM/I/1 
Page 36  
 
  Article 96.-  Invalidation of protection titles  
 1. A protection title shall be entirely invalidated in the following cases:   a/ The registration applicant has neither had nor b een assigned the right to register an invention, 
industrial design, layout-design or mark;  
 b/ The subject matter of industrial property fails to satisfy the protection conditions at the time the protection title is granted.   
2. A protection title shall be partly invalidated when that part fails to satisfy the protection conditions.  
 3. Organizations and individuals may request the st ate management agency in charge of industrial 
property rights to invalidate protection titles in the cases specified in Clauses 1 and 2 of this Article, 
provided that they pay fees and charges. 
The statute of limitations for exercising the right to request invalidation of a protection title shall be its 
whole term of protection. For marks, such statute of limitations shall be 5 years from the grant date, except where the protection title has been gr anted due to the applicant’s dishonesty. 
 4. Based on the result of the examination of request for invalidation of a protection title and involved parties’ opinions, the state management agency in charge of industrial property rights shall issue a 
decision on entire or partial invalidation of the prot ection title or notify the refusal to invalidate it.  
 5. The provisions of Clauses 1, 2, 3 and 4 of this  Article shall also apply to the invalidation of 
international registrations of marks. 
 
Article 97.- Amendments to protection titles 
 1. The owner of a protection title may request the st ate management agency in charge of industrial 
property rights to make amendments to the foll owing information in such protection title, provided 
that the prescribed fees and charge are paid:  
a/ Modifications, error corrections in relation to th e name and address of the author or the protection 
title owner;  b/ Amendments to the description of particular ch aracteristics, quality or geographical area bearing a 
geographical indication; amendments to the regulation on use of collective marks or the regulation on 
use of a certification mark. 
 2. At the request of the owner of a protection ti tle, the state management agency in charge of 
industrial property rights shall have to correct errors  caused at its fault in such protection title. In this 
case, the protection title owner is not liable to pay fees and charges.  
3. The owner of a protection title may request the st ate management agency in charge of industrial 
property rights to narrow the scope of industrial property rights. In this case, the corresponding 
industrial property registration application shall be  substantively re-examined and the requester shall 
pay the fee for substantive examination.  
 
Article 98.- National register of industrial property 
 1. The national register of industrial property is  a document recording the establishment, change and 
transfer of industrial property rights to invent ions, industrial designs, layout-designs, marks and 
geographical indications under this Law.  IP/N/1/VNM/I/1 
 Page 37 
 
 
   
2. Decisions on grant of protection titles, princi pal contents of protection titles and decisions on 
amendment, termination of validity or invalidation of protection titles, decisions on registration of 
industrial property right transfer contracts shall all be recorded in the nationa l register of industrial 
property. 
 
3. The national register of industrial property sha ll be compiled and kept by the state management 
agency in charge of industrial property rights. 
 
Article 99.- Publication of decisions relating to protection titles   
 
Decisions on grant, termination of validity, invalidation or amendment of protection titles for 
industrial property rights shall be published by the state management agency in charge of industrial 
property rights in the Official Gazette of Indus trial Property within 60 days as from the date of 
issuance. 
 
Section 2. INDUSTRIAL PROPERTY REGISTRATION APPLICATIONS  
 
Article 100.-  General requirements on industrial pr operty registration applications 
 1. An industrial property registration ap plication comprises the following documents: 
 
a/  A declaration for registration, made according to a set form;  b/ Documents, samples and information identifying  the industrial property subject matter registered 
for protection as specified in Articles 102 thru 106 of this Law; 
 
c/ Power of attorney, if the applica tion is filed through a representative; 
 d/ Documents evidencing the registration right, if su ch right is acquired by the applicant from another 
person;  
e/ Documents evidencing the priority right, if such right is claimed; 
 f/ Vouchers of payment of fees and charges.  2. Industrial property registration applications and papers for tran saction between the applicants and 
the state management agency in charge of industr ial property rights shall be made in Vietnamese, 
except for the following documents, which can be ma de in another language but shall be translated 
into Vietnamese at the request of the state manageme nt agency in charge of industrial property rights: 
 a/ Power of attorney;  
b/ Documents evidencing the registration right; 
 c/ Documents evidencing the priority right;  d/ Other documents supporting the applications. 
 
3. Documents evidencing the priority right in an industrial property registration application include: 
 a/ A copy of first application(s) certified by the receiving office;  IP/N/1/VNM/I/1 
Page 38  
 
  b/ Deed of assignment of priority right if such right is acquired from another person. 
 
Article 101.-  The requirement on the uniformity of indus trial property registration applications  
 1. Each industrial property registration application shall request the grant of only one protection title 
for a single industrial property subject matter, exce pt for the cases specified in Clauses 2, 3 and 4 of 
this Article.  2. Each registration application may request the gr ant of one invention patent or one utility solution 
patent for a group of inventions that are technically linked to form a single common inventive idea. 
 
3. Each registration application may request the grant of one industrial d esign patent for several 
industrial designs in the following cases:  a/ Industrial designs of a set of products cons ist of numerous items expressing a single common 
inventive idea and used together or for a common purpose; 
 b/ An industrial design is accompanied by one or mo re variants, i.e., variat ions of such industrial 
design that express a single common inventive idea a nd that are not significantly different from such 
industrial design.  
4. Each registration application may request the gr ant of one certificate of registered mark for one 
mark to be used for one or more different goods or services. 
 
Article 102.- Requirements on invention registration applications  
 
1. Documents identifying an invention register ed for protection in an invention registration 
application shall include a description of the inventi on and an abstract of the invention. The invention 
description consists of the description section a nd the scope of protecti on of the invention. 
 2. The description of invention must satisfy the following conditions:  
a/ Fully and clearly disclosing the nature of the invention to the extent that such invention may be 
realized by a person with average knowledge in the art;  b/ Briefly explaining the accompanied drawings, if it is required to further clarify the nature of the 
invention;  
 
c/ Clarifying the novelty, inventive step and susceptib ility of industrial application of the invention.  
 3. The scope of protection of inve ntions shall be expressed in the form of a combination of technical 
specifications which are necessary and sufficient to iden tify the scope of the rights to such inventions, 
and compatible with the descripti on of inventions and drawings. 
 
4. Abstracts of inventions must disclose principal features of nature of such inventions. 
 
Article 103.- Requirements on industrial desi gn registration applications  
 
1. Documents identifying an industrial design regi stered for protection in an industrial design 
registration application include a description and a set of  photos or drawings of such industrial design. 
The industrial design description consists of a secti on of description and a scope of protection of such 
industrial design.   IP/N/1/VNM/I/1 
 Page 39 
 
 
  2. The section of description of an industrial design must satisfy the following conditions: 
 a/ Fully disclosing all features expressing the nature  of the industrial design and clearly identifying 
features which are new, different from the least diffe rent known industrial design,  and consistent with 
the set of photos or drawings; 
 
b/ Where the industrial design registration applicatio n consists of variants, the section of description 
must fully show these variants and clearly identify di stinctions between the principal variant and other 
variants;  
c/ Where the industrial design stated in the registra tion application is that of a set of products, the 
section of description must fully show features of each product of the set.  3. The scope of protection of industrial designs mu st clearly define features which need to be  
protected, including features which are new and different from similar known industrial designs. 
 
4. The set of photos and drawings must fully define features of the industrial design. 
 
Article 104.-  Requirements on layout-design registration applications 
 Documents, samples and information identifying a layout-design  registered for protection in a layout-
design registration application include: 
 1. Drawings and photos of the layout-design;  2. Information on functions and structure of se miconductor integrated circuits produced under the 
layout-design; 
 3. Samples of semiconductor integrated circuits produced under the layout-design, if such layout-
design has been commercially exploited. 
 
Article 105.- Requirements on mark registration applications 
 
1. Documents, samples, information identifying a ma rk registered for protection in a mark registration 
application include:  a/ A sample of the mark and a list of goods or services bearing the mark; 
 
b/ Regulation on use of collective marks or regulation on use of certification marks.  2. The sample of the mark must be described in  order to clarify elements of the mark and the 
comprehensive meaning of the mark, if any; wh ere the mark consists of words or phrases of 
hieroglyphic languages, such words or phrases must be  transcribed; where the mark consists of words 
or phrases in foreign languages, such words or phrases must be translated into Vietnamese. 
 3. Goods or services listed in a mark registration a pplication must be classified into appropriate 
groups in accordance with the Classification Li st under the Nice Agreement on International 
Classification of Goods and Services for the purpose of mark registration, and published by the state 
management agency in charge of industrial property rights. 
 4. The regulation on use of collective marks c onsists of the following principal contents: 
 IP/N/1/VNM/I/1 
Page 40  
 
  a/ Name, address, grounds of establishment and oper ations of the collective organization being the 
owner of the mark;  b/ Criteria for becoming a member of the collective organization;  
c/ List of organizations and individuals permitted to use the mark; 
 d/ Conditions for use of the mark;  e/ Measures for handling acts violating the regulation on use of marks. 
 
5. The regulation on use of certification marks consists of the following principal contents: 
 a/ The organization or individual being the mark owner;  
b/ Conditions for using the mark; 
 c/ Characteristics of goods or services certified by the mark;  d/ Methods of evaluating characteristics of goods or services and methods of controlling the use of the mark; 
 
e/ Expenses to be paid by the mark user for th e certification and protection of the mark, if any. 
 
Article 106.- Requirements on geographical indi cation registration applications  
 
1. Documents, samples and information identifying a geographical indication registered for protection 
in a geographical indication registration application include:  a/ The name or sign being the geographical indication;  b/ The product bearing the geographical indication; 
 
c/ The description of peculiar characteristics and qu ality, or reputation of the product bearing the 
geographical indication and particular elements of natural conditions decisive to the peculiar 
characteristics and quality, or reputation of the prod uct (hereinafter referred to as the description of 
peculiar characteristics); 
 
d/ The map of the geographical area bearing the geographical indication;  e/ Documents evidencing that the geographical indica tion is under protection in the country of origin 
in case of a foreign geographical origin;   
2. The description of peculiar characteristics must have the following principal contents: 
 a/ Description of the relevant product, incl uding raw materials, and physical, chemical, 
microbiological and perceptible properties of the product;  
b/ Method of identification of the geographical area bearing the geographical indication; 
 c/ Evidence proving that the product originates fro m such geographical area, with the respective 
meaning provided for in Article 79 of this Law;   IP/N/1/VNM/I/1 
 Page 41 
 
 
  d/ Description of local and stable methods of production and processing; 
 e/ Information on relationship between the peculiar characteristics and quality, or reputation of the 
product and the geographical conditions as provi ded for in  Article 79 of this Law; 
 
f/ Information on the mechanism of self-control of the peculiar characteristics or quality of the 
product. 
 
Article 107.-  Authorized representation in industrial  property rights-related procedures   
 
1. The authorization for carrying out procedur es related to the establishment, maintenance, 
prolongation, amendment, termina tion and invalidation of protection titles must be made in writing in 
the form of a power of attorney.  2. A power of attorney must have the following principal contents: 
 
a/ Full name and address of the principal and the attorney;   b/ Scope of authorization;  c/ Valid term of authorization; 
 
d/ Date of making the power of attorney;  e/ Signature and seal (if any) of the principal.  
3. A power of attorney without any valid term shall be considered indefinitely  valid and shall have its 
validity terminated only when the principal so declares.  Section 3. PROCEDURES FOR PROCESSING INDUSTRIAL PROPERTY REGISTRATION APPLICATIONS AND GRANTING PROTECTION TITLES  
 
Article 108.- Receipt of industrial property regi stration applications, filing date   
 1. An industrial property registration applica tion shall only be received by the concerned state 
management agency in charge of industrial propert y rights if it consists of at least the following 
documents and information: 
 
a/ A declaration for registration of an invention, industrial design, layout-design, mark or geographical indication, which includes sufficient in formation to identify the applicant and a sample 
of mark, list of goods or services bearing the mark for a mark registration application;  b/ A description, including the scope of protection, for an invention registratio n application; a set of 
photos and drawings and a description, for an indus trial design registration application; a description 
of peculiar characteristics of a product bearing ge ographical indication, for a geographical indication 
registration application;   c/ Voucher of payment of filing fee.  
 
2. The filing date shall be the date on which the application is received by the concerned state 
management agency in charge of industrial property rights or the international filing date in case of 
applications filed under international treaties. 
 IP/N/1/VNM/I/1 
Page 42  
 
  Article 109.- Formal examination of industrial property registration applications  
 1. Industrial property registration applications sha ll be subject to formal examination for evaluating 
their validity.  
2. An industrial property registrati on application shall be considered invalid in the following cases:  
 a/ It does not fulfill the formal requirements;   b/ The subject matter stated in the application is ineligible for protection; 
 
c/ The applicant does not have the registration right, including where the registration right belongs to more than one organizations or individuals but one or several of them do not agree with the filing; 
 d/ It is filed in contravention of  regulations on the filing mode provided for in Article 89 of this Law; 
 
e/ The applicant fails to pay fees and charges.  3. For industrial property registrati on applications falling into the cases specified in Clause 2 of this 
Article, the state management agency in charge of industrial property rights shall carry out the 
following procedures: 
 
a/ Issuing a notice of intended refusal to accept valid  applications, clearly stating reasons and setting a 
time limit for the applicant to correct errors  or to object such intended refusal;  
 b/ Issuing a notice of refusal to accept valid appli cations if the applicant fails to correct errors, 
improperly corrects errors or fails to make a justif iable objection to such intended refusal mentioned 
at Point a of this Clause;  c/ Issuing a notice of refusal to grant a certificat e of registered semiconductor integrated circuit 
layout-design in case of an integrated circuit registration application;  
d/ Carrying out procedures specified in Clause 4 of  this Article if the applicant properly corrects 
errors or makes justifiable objection to the intende d refusal to accept valid application mentioned at 
Point a of this Clause.  4. For industrial property registration applications  not falling into the cases sp ecified in Clause 2 of 
this Article, or in the cases specified at Point d, Clau se 3 of this Article, the state management agency 
in charge of industrial property rights shall issue notices of acceptance of valid applications or carry 
out procedures for granting protection titles and record ing them in the national register of industrial 
property as provided for in Article 118 of this La w, for layout-design registration applications. 
 5. Mark registration applications rejected according to  the provisions of Clause 3 of this Article shall 
be considered having not been filed, except where they serve as grounds for claims for priority right. 
 
Article 110.- Publication of industrial propert y registration applications  
 1. Industrial property registration applications whic h have been accepted as being valid by the state 
management agency in charge of industrial propert y rights shall be published in the Official Gazette 
of Industrial Property according to the provisions of this Article.  
2. An invention registration appli cation shall be published in the 19
th month as from the filing date or 
the priority date, as applicable, or at an ear lier time at the request of the applicant.  IP/N/1/VNM/I/1 
 Page 43 
 
 
   
3. An industrial design registration application, a mark registration application or a geographical 
indication registration application shall be publis hed within 2 months as from the date such 
application is accepted as being valid.  
4. A layout-design registration application shall be published by mode of direct access at the 
concerned state management agency in charge of  industrial property rights, provided that no 
reproduction is permitted; for confidential informa tion in an application, such access shall be 
permitted only to competent authorities and involved parties in the process of carrying out procedures for invalidating protection titles or the process of carrying out proce dures for handling right 
infringements. 
 Principal information on a layout-design registrati on application and the protection title for a layout-
design shall be published within 2 months as from the grant date of such protection title. 
 
Article 111.-  Confidentiality of invention registration a pplications, industrial design registration 
applications before publication thereof  1. Before invention registration applications or  industrial design registration applications are 
published in the Official Gazette of Industrial Prop erty, the state management agency in charge of 
industrial property rights shall have to keep confidential information therein. 
 
2. Cadres and public employees of the state manage ment agency in charge of industrial property 
rights who disclose information in invention registra tion applications or industrial design registration 
applications shall be disciplined; if the informati on disclosure causes damage to applicants, they must 
pay compensations therefor according to the provisions of law.  
Article 112.- Third party’s opinions on the grant of protection titles  
 As from the date an industrial property registration a pplication is published in the Official Gazette of 
Industrial Property till prior to the date of issuance of a decision on grant of a protection title, any third party shall have the right to express opinions  to the concerned state management agency in 
charge of industrial property rights on the grant or refusal to grant a protection title in respect of such 
application. Such opinions must be made in wr iting and be accompanied by documents or must quote 
the source of information. 
 
Article 113.-  Request for substantive examination of invention registration applications  
 
1. Within 42 months after the filing date or the prio rity date, as applicable, an applicant or any third 
party may request the concerned st ate management agency in charge of industrial property rights to 
substantively examine the application, provided that the substantive examination fee is paid. 
 2. The time limit for making request for substan tive examination of an invention registration 
application involving a request for a utility solution patent shall be 36 months counting from the filing 
date or the priority date, as applicable.  3. Where no request for substantive examination is f iled within the time limit specified in Clauses 1 
and 2 of this Article, the invention registration app lication shall be considered having been withdrawn 
at the expiration of that time limit. 
 IP/N/1/VNM/I/1 
Page 44  
 
  Article 114.-  Substantive examination of industria l property registration applications 
 1. The following industrial property registration app lications shall be substantively examined for 
evaluation of the eligibility for grant of protection titl es for subject matters stated in such applications 
under protection conditions and for determinati on of the respective scope of protection: 
 
a/ Invention registration applica tions which have already been accepted as being valid and involve 
requests for substantive examination filed according to regulations;  b/ Industrial design registration applications, mark registration applications or geographical indication 
registration applications which have been accepted as being valid. 
 2. Layout-design registration applications  shall not be substantively examined. 
 
Article 115.- Amendment, supplementation, division and conve rsion of industrial property registration 
applications  
 1. Before the concerned state management agency in  charge of industrial property rights notifies a 
refusal or decides to grant a protection title, the applicant shall have the following rights: 
 a/ To amend or supplement the application; 
 
b/ To divide the application;  c/ To request the recording of chang es in name or address of the applicant; 
 
d/ To request the recording of change of the a pplicant as a result of application transfer under a 
contract, bequeathal or inheritance, or  under a decision of a competent agency; 
 e/ To convert an invention registration application in volving a request for an invention patent into an 
invention registration applicati on involving a request for a utility solution patent and vice versa. 
 
2. The requesters for completion of procedures specified  in Clause 1 of this Article shall have to pay 
fees and charges.  3. Any amendment or supplement to an industrial property registration application must not expand the scope of the subject matter already disclosed or st ated in such application and must not change the 
nature of the subject matter subject to registrati on stated in the application and must ensure the 
uniformity of the application.  4. In case of division of an application, the filing date  of the divided application shall be determined to 
be the filing date of the original application. 
 
Article 116.- Withdrawal of industrial prope rty registration applications  
 1. Before the concerned state management agency in  charge of industrial property rights decides or 
refuses to grant a protection title, the applicant shall have the right to make written declaration on the 
withdrawal of the industrial property registration a pplication in his or her own name or through an 
industrial property representation service organization,  provided that the power of attorney clearly 
states the authorization for application withdrawal.   IP/N/1/VNM/I/1 
 Page 45 
 
 
  2. As from the time the applicant declares the withdr awal of the application, all further procedures 
related to such application shall be stopped; fee and charge amounts already paid in relation to the 
procedures which have not yet been commenced shall be refunded to the applicant at his/her request. 
 3. All invention or industrial design registration applications which have been withdrawn or are 
considered having been withdrawn before their pub lication and all mark registration applications 
which have been withdrawn shall be considered ha ving never been filed, except where they serve as 
grounds for claims for priority right. 
 
Article 117.- Refusal to grant protection titles  
 
1. The grant of a protection title for an invention,  industrial design, mark or geographical indication 
registration application shall be refused in the following cases:  a/ There are grounds to affirm that the subject matter  stated in the application does not fully satisfy the 
protection conditions; 
 b/ The application satisfies the conditions for the gr ant of a protection title but is not with the earliest 
filing date or priority date as in the case speci fied in Clause 1, Article 90 of this Law; 
 c/ The application falls into a case specified in Clau se 2, Article 90 of this Law but fails to get the 
consensus of all applicants. 
 2. The grant of a protection title for a layout-design registration application that does not fulfill the formal requirements specified in Artic le 109 of this Law shall be refused. 
 
3. Where an industrial property registration appli cation falls into the cases specified in Clauses 1 
and 2 of this Article, the concerned state management  agency in charge of industrial property rights 
shall carry out the following procedures:  a/ Notifying an intended refusal to grant a protec tion title, clearly stating the reasons therefor and 
setting a time limit for the applicant to make  an objection to such intended refusal; 
 
b/ Notifying the refusal to grant a protection title if the applicant makes no objection or makes 
unjustifiable objection to such intended refusal  mentioned at Point a of this Clause; 
 c/ Granting a protection title and r ecording it in the national regist er of industrial property according 
to the provisions of Article 118 of this Law if th e applicant has made a justifiable objection to the 
intended refusal mentioned at Point a of this Clause.  4. Where there appears an objection to the intended grant of a protection title, the relevant industrial 
property registration application sh all be re-examined with regard to the matters against which the 
objection is made.  
Article 118.- Grant of protection titles, entry into the register  
 Where an industrial property registration applica tion does not fall into the cases of refusal to grant 
protection titles specified in Clauses 1 and 2 and at Po int b, Clause 3, Article 117 of this Law and the 
applicant has paid fee, the state management agen cy in charge of industrial property rights shall 
decide to grant a protection title and enter it in the national register of industrial property. 
 IP/N/1/VNM/I/1 
Page 46  
 
  Article 119.- Time limit for processing industrial property registration applications 
 1. An industrial property registration application sha ll 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:  a/ For an invention, 12 months from the date of its publication if a request for substantive examination 
is filed before the date of app lication publication, or from the date of receipt of a request for 
substantive examination if such request is file d after the date of application publication; 
 b/ For an industrial design, a mark or a geographical  indication, 6 months from the date of publication 
of the application.  
3. The time limit for re-examination of an industria l property registration application shall be 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 amendment or supplementation of applications shall not be counted into the time 
limits specified in Clauses 1, 2 and 3 of this Article. 
 
Section 4. INTERNATIONAL APPLICATIONS AND PROCESSING THEREOF  
 
Article 120.- International applications and processing thereof 
 
1. Industrial property registration applications filed under treaties to  which the Socialist Republic of 
Vietnam is a contracting party shall be collec tively referred to as international applications. 
 2. International applications and processing ther eof shall comply with the relevant treaties. 
 3. The Government shall guide the implementation of  the relevant treaties’ provisions on international 
applications, orders and procedures for processing th ereof in compliance with the principles laid down 
in this Chapter.  
Chapter IX 
OWNERS AND CONTENTS OF, AND LIMITATIONS ON INDUSTRIAL PROPERTY RIGHTS 
 
Section 1. OWNERS AND CONTENTS OF INDUSTRIAL PROPERTY RIGHTS 
 
 Article 121.- Owners of industrial property objects 
 1. Owners of inventions, industrial designs or layo ut-designs mean organizations or individuals that 
are granted by the competent agency protection titles for respective industrial property objects. 
 Owners of marks mean organizations or individu als that are granted by the competent agency 
protection titles for such marks or have intern ationally registered marks as recognized by the 
competent agency or have well-known marks. 
 
2. Owners of trade names mean organizations or in dividuals that lawfully use such trade names in 
business activities.   IP/N/1/VNM/I/1 
 Page 47 
 
 
  3. Owners of business secrets mean organizations or  individuals that have lawfully acquired such 
business secrets and keep them secret. A business secret acquired by an employee or a performer of an assigned task during the performance of the hi red job or assigned task shall be owned by the 
employer or the task assignor, unless otherwise agreed by the parties.  
4. The owner of Vietnam’s geographical indications is the State. 
 The State shall grant the right to use geographical indi cations to organizations or individuals that turn 
out products bearing such geographical indications in  relevant localities and put such products on the 
market. The State shall directly exercise the right to manage geographical indications or grant that 
right to organizations representing the interests of all organizations or indi viduals granted with the 
right to use geographical indications. 
 
Article 122.- Authors of inventions, industrial designs or layout-designs and their rights   
 
1. Authors of inventions, industrial designs or  layout-designs mean pers ons who have personally 
created such industrial property objects. Where tw o or more persons have jointly created industrial 
property objects, they shall be co-authors.  2. Moral rights of authors of inventions, industr ial designs or layout-designs shall include the 
following rights: 
 
a/ To be named as authors in invention patents, utility solution patents, industrial design patents or 
certificates of registered semiconducto r integrated circuit layout-designs; 
 b/ To be acknowledged  as authors in documents in which inve ntions, industrial designs or layout-
designs are published or introduced. 
 3. Economic rights of authors of inventions, industrial designs or layout-designs are the rights to receive remunerations as provided fo r in Article 135 of this Law. 
 
Article 123.- Rights of owners of industrial property objects 
 
1. Owners of industrial property objects shall have the following economic rights:  a/ To use or authorize others to use industrial property objects according to the provisions of Article 124 and Chapter X of this Law; 
 
b/ To prevent others from using industrial property ob jects according to the provisions of Article 125 
of this Law;  c/ To dispose of industrial property objects accord ing to the provisions of Chapter X of this Law. 
 
2. Organizations and individuals that are granted by the State the right to use or the right to manage 
geographical indications according to the provisions of Clause 4, Article 121 of this Law shall have 
the following rights:  a/ Organizations which are granted the right to manage geographical indications may permit other 
persons to use such geographical indications accordi ng to the provisions of Point a, Clause 1 of this 
Article.  IP/N/1/VNM/I/1 
Page 48  
 
  b/ Organizations and individuals that are granted th e right to use or organizations which are granted 
the right to manage geographical indications may prevent other persons from using such geographical 
indications according to the provisions of Point b, Clause 1 of this Article. 
 
Article 124.- Use of industrial property objects 
 
1. Use of an invention means th e performance of the following acts: 
 a/ Manufacturing the protected product;  
b/ Applying the protected process; 
 c/ Exploiting utilities of the protected product or the product manufactured under the protected process;  
d/ Circulating, advertising, offering, stocking for circulation the product mentioned at Point c of this 
Clause;  e/ Importing the product mentioned at Point c of this Clause.  2. Use of an industrial design means the performance of the following acts: 
 
a/ Manufacturing products with appearance embodying the protected industrial design; 
 b/ Circulating, advertising, offering and stocking fo r circulation products mentioned at Point a of this 
Clause; 
 
c/ Importing products mentioned at Point a of this Clause.  3. Use of a layout-design means the performance of the following acts:  a/ Reproducing the layout-design; manufacturing semiconductor integrated circuits under the 
protected layout-design; 
 b/ Selling, leasing, advertising, offering or stocking copies of the protected layout-design, semi-conductor integrated circuits manufactured under the protected layout-design or articles containing such semi-conductor integrated circuits; 
 
c/ Importing copies of the protected layout-design, semi-conductor integrated circuits manufactured 
under the protected layout-design or articles containing such semi-conductor integrated circuits.  4. Use of a business secret means th e performance of the following acts: 
 
a/ Applying the business secret to manufacture of products, provision of services or trade in goods; 
 b/ Selling, advertising for sale, stocking for sal e or importing products manufactured with the 
application of the business secret;  
5. Use of a mark means the pe rformance of the following acts: 
 a/ Affixing the protected mark on goods, goods packages, means of business, means of service provision, transaction documents in business activities;   IP/N/1/VNM/I/1 
 Page 49 
 
 
  b/ Circulating, offering, advertising for sale or  stocking for sale goods bearing the protected mark; 
 c/ Importing goods or services bearing the protected mark.  6. Use of a trade name means the performance of acts for commercial purposes by using it to name 
oneself in business activities, expressing it in transaction documents, signboards, products, goods, 
goods packages and means of service provision or advertisement.  7. Use of a geographical indication means the performance of the following acts:  
a/ Affixing the protected geographical indication on goods or goods packages, means of business and 
transaction documents in business activities;  b/ Circulating, offering, advertising for sale or stocking for sale goods bearing the protected geographical indication; 
 
c/ Importing goods bearing the protected geographical indication. 
 
Article 125.- Right to prevent others from using industrial property objects  
 1. Owners of industrial property objects as well as organizations and individuals granted the right to 
use or the right to manage geographical indicati ons may prevent others from using such industrial 
property objects unless such use falls into the cases specified in Clauses 2 and 3 of this Article. 
 2. Owners of industrial property objects as well as organizations and individuals granted the right to use or the right to manage geographical indications shall not have the right to prevent others from 
performing the following acts: 
 a/ Using inventions, industrial designs or layout-d esigns in service of their personal needs or for non-
commercial purposes, or for purpose of evaluation,  analysis, research, teaching, testing, trial 
production or information collection for carrying out procedures of application for licenses for 
production, importation or ci rculation of products;  
 
b/ Circulating, importing, exploiting utilities of pro ducts having been lawfully put on the market, 
including overseas markets, except for products put on the overseas markets not by the mark owners 
or their licensees;  
c/ Using inventions, industrial designs or layout -designs only for the purpose of maintaining the 
operation of foreign means of transport in transit or temporarily staying in the Vietnamese territory;  d/ Using inventions or industrial designs by pe rsons with the prior use right according to the 
provisions of Article 134 of this Law;  
e/ Using inventions by persons authorized by comp etent state agencies according to the provisions of 
Articles 145 and 146 of this Law;  f/ Using layout-designs without knowing or having the obligation to know that such layout-designs 
are under protection; 
 
g/ Using marks identical with or similar to protect ed geographical indications where such marks have 
acquired the protection in an honest manner before th e date of filing applications for registration of 
such geographical indications.  IP/N/1/VNM/I/1 
Page 50  
 
  h/ Using in an honest manner people’s names, descri ptive marks of type, quantity, quality, utility, 
value, geographical origin and other properties of goods or services.  3. Owners of business secrets shall not have the ri ght to prevent others from performing the following 
acts: 
 
a/ Disclosing or using business secrets acquired w ithout knowing or having the obligation to know 
that they have been unlawfully acquired by others;  b/ Disclosing secret data in order to protect the public according to the provisions of Clause 1, 
Article 128 of this Law; 
 c/ Using secret data specified in Article 128 of this Law not for commercial purposes;  d/ Disclosing or using business secrets obtained independently; 
 
e/ Disclosing or using business secrets obtained by  analyzing or evaluating lawfully distributed 
products, unless otherwise agreed upon by analyzers or evaluators and owners of such business 
secrets or sellers of such products. 
 
Article 126.- Acts of infringing upon the rights to inven tions, industrial designs and layout-designs 
 
The following acts shall be regarded  as infringements of the rights of  owners of inventions, industrial 
designs or layout-designs:  1. Using protected inventions, protected industria l designs or industrial designs insignificantly 
different from protected industrial designs, or protect ed layout-designs or any original part thereof 
within valid terms of protection titles without permission of owners; 
 2. Using inventions, industrial designs or layout-d esigns without paying compensations according to 
the provisions on provisional rights in Article 131 of this Law. 
 
Article 127.- Acts of infringing upon the rights to business secrets 
 1. The following acts shall be regarded as infringements of the rights to business secrets: 
 a/ Accessing or acquiring information pertaining to business secrets by taking acts against secret-
keeping measures applied by lawful controllers of such business secrets; 
 b/ Disclosing or using information pertaining to business secrets without permission of owners of 
such business secrets;  c/ Breaching secret-keeping contracts or deceiving, in ducing, buying off, forcing, seducing or abusing 
the trust of persons in charge of secret-keeping in  order to access, acquire or disclose business secrets; 
 d/ Accessing or acquiring information pertaining to  business secrets of applicants for  licenses for 
trading in or circulating products by taking acts against secret-keeping measures applied by competent 
agencies; 
 
e/ Using or disclosing business secrets, while knowin g or having obligation to  know that they have 
been acquired by others engaged in one of the acts sp ecified at Points a, b, c and d of this Clause; 
 f/ Failing to perform the secret-keeping obligation specified in Article 128 of this Law.  IP/N/1/VNM/I/1 
 Page 51 
 
 
   
2. Lawful controllers of business secrets defined in Clause 1 of this Article include owners of business 
secrets, their lawful licensees and managers of business secrets. 
 
Article 128.- Obligation to keep secret test data 
 
1. Where the law requires applicants for licenses for trading in or circulating pharmaceuticals or agro-
chemical products to supply test results or any other data being business secrets obtained by 
investment of considerable efforts, and where app licants request such data to be kept secret, the 
competent licensing agency shall be obliged to appl y necessary measures so that  such data are neither 
used for unhealthy commercial purposes nor disclosed , except where the disclosure is necessary to 
protect the public.  2. From the submission of secret data in applicati ons to the competent agency mentioned in Clause 1 
of this Article to the end of a 5-year period as fro m the date the applicants are granted licenses, such 
agency must not grant licenses to any subsequent app licants in whose applications the said secret data 
are used without the consent of submitters of such  data, except for the cases specified at Point d, 
Clause 3, Article 125 of this Law. 
 
Article 129.-  Acts of infringing upon the rights to marks,  trade names and geographical indications 
 
1. The following acts if being performed without the permission of mark owners, shall be regarded as 
infringements of the rights to marks:  a/ Using signs identical with protected marks for goods or services identical with goods or services on 
the lists registered together with such marks; 
 
b/ Using signs identical with protected marks for goods or services similar or related to those goods 
on services on the lists registered together with such marks, if such use is likely to cause confusion as 
to the origin of the goods or services;  c/ Using signs similar to protected marks for goods or services identical with, similar to or related to 
goods or services on the lists registered together with  such marks, if such use is likely to cause 
confusion as to the origin of the goods or services;  d/ Using signs identical with, or similar to, well-known  marks, or signs in the form of translations or 
transcriptions of well-known marks for any goods  or services, including those unidentical with, 
dissimilar or unrelated to goods or services on the lists  of those bearing well-known marks, if such use 
is likely to cause confusion as to the origin of the goods or services or misleading impression as to the 
relationship between users of such signs and well-known mark owners. 
 2. All acts of using commercial indications identical  with, or similar to, others’ trade names having 
been used earlier for the same or similar type of goods or services, that cause confusion as to business 
entities, establishments or activities under such trade names shall be regarded as infringements of the 
rights to trade names.  3. The following acts shall be regarded as infringements of the rights to protected geographical indications: 
 
a/ Using protected geographical indications for prod ucts which do not satisfy the criteria of peculiar 
characteristics and quality of products bearing geographical indications although such products 
originate from geographical areas bearing such geographical indications;  IP/N/1/VNM/I/1 
Page 52  
 
  b/ Using protected geographical indications for prod ucts similar to products bearing  geographical 
indications for the purposes of taking advant age of their reputation and popularity;  
 c/ Using any sign identical with, or similar to, pr otected geographical indications for products not 
originating from geographical areas bearing such geographical indications and therefore misleading 
consumers as to that products originate from such geographical areas; 
 d/ Using protected geographical indications of wines or spirits for wines or spirits not originating from 
geographical areas bearing such geographical indica tion, even where the true origin of goods is 
indicated or geographical indications are used in the form of translations or transcriptions, or 
accompanied by such words as “category,” “model,” “type,” “imitation” or the like. 
 
Article 130.- Acts of unfair competition 
 1. The following acts shall be regarded as acts of unfair competition: 
 
a/ Using commercial indications to cause conf usion as to business entities, business activities or 
commercial origin of goods or services;  b/ Using commercial indications to cause confus ion as to the origin, production method, utilities, 
quality, quantity or other characteristi cs of goods or services; or as to  the conditions for provision of 
goods or services; 
 c/ Using marks protected in a country which is a contracting party to a treaty to which the Socialist Republic of Vietnam is also a contracting party and under which representatives or agents of owners 
of such marks are prohibited from using such marks, if users are representatives or agents of the mark 
owners and such use is neither consented to by the mark owners nor justified; 
 d/ Registering or possessing the right to use or us ing domain names identical with, or confusingly 
similar to, protected trade names or marks of othe rs, or geographical indica tions without having the 
right to use, for the purpose of possessing domain  names, benefiting from or prejudicing reputation 
and popularity of respective marks, trade names or geographical indications. 
 
2. Commercial indications specified in Clause 1 of this Article mean signs and information serving as 
guidelines to trading of goods or services, including marks, trade names, business symbols, business slogans, geographical indications, designs of packages and/or labels of goods. 
 
3. Acts of using commercial indications specified in  Clause 1 of this Article include acts of affixing 
such commercial indications on goods, goods pack ages, means of service provision, business 
transaction documents or advertising means; sellin g, advertising for sale, stocking for sale and 
importing goods affixed with such commercial indications. 
 
Article 131.- Provisional rights to inventions, industrial designs or layout-designs 
 
1. Where an applicant for registration of an inven tion or industrial design knows that such invention 
or industrial design is being used by another pers on without prior use right for commercial purposes, 
the applicant may notify in writing the user of the f iling of his/her application, clearly specifying the 
filing date and the date of applica tion publication in the Official Gazette of Industrial Property so that 
the later shall terminate or continue such use. 
 2. For a layout-design which has, before the grant da te of the certificate of registered semiconductor 
integrated circuit layout-design, been commercially exploited by the person with the registration right 
or his/her licensee, if such person knows that such  layout-design is being used by another person for  IP/N/1/VNM/I/1 
 Page 53 
 
 
  commercial purposes, he/she may notify in writing the user of his/her registration right so that the 
later shall terminate or continue such use.  3. Where the person notified of contents specified in Clauses 1 and 2 of this  Article continues using 
such invention, industrial design or layout-design,  as soon as an invention patent, utility solution 
patent, industrial design patent or certificate of re gistered semiconductor integrated circuit layout-
design is granted, the owner of such invention, in dustrial design or layout-design shall have the right 
to request the user of such invention, industrial design or layout-design to pay a compensation equivalent to the price for licensing of such inve ntion, industrial design or layout-design within the 
relevant scope and duration of use. 
 
Section 2. LIMITATIONS ON INDUSTRIAL PROPERTY RIGHTS 
 
Article 132.- Elements limiting industrial property rights 
 
Under this Law, industrial property rights may be limited by the following elements: 
 1. Right of prior users to inventions or industrial designs;  2. Obligations of owners, including:  
a/ To pay remunerations to the authors of i nventions, industrial designs or layout-designs;  
 b/ To use inventions or marks.   3. Licensing of inventions under decisions of state competent agencies.  
Article 133.- Rights to use inventions on behalf of the State 
 1. Ministries and ministerial-level agencies shall have the right to, on behalf of the State, use or permit 
other organizations or individuals to use inventi ons in domains under their respective management for 
public and non-commercial purposes, national defense, security, disease prevention and treatment and 
nutrition for the people, and to meet other urgent social needs without having to obtain permission of 
invention owners or their licensees under exclusive c ontracts (hereinafter referred to as holders of 
exclusive right to use inventions)  accord ing to Articles 145 and 146 of this Law. 
 2. The use of inventions mentioned in Clause 1 of th is Article shall be limited within the scope of and 
under the conditions for licensing provided for in Cl ause 1, Article 146 of this Law, except where 
such inventions are created by using material-t echnical facilities and funds from the state budget. 
 
Article 134.- Right of prior use of inventions and industrial designs 
 1. Where a person has, before the publication date of an invention or industrial design registration 
application, used or prepared necessary conditions  for use of an invention or industrial design 
identical with the protected invention or industrial design stated in such registration application but 
created independently (hereinafter referred to as th e prior use right holder), then after a protection title 
is granted, such person shall be entitled to continue  using 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 sh all not be regarded as an infringement of the right 
of invention or industrial design owners.  IP/N/1/VNM/I/1 
Page 54  
 
  2. Holders of prior use right to inventions or indu strial designs must not assign such right to others, 
except where such right is assigned together with the transfer of business or production establishments 
which have used or are prepared to use the inven tions or industrial designs. Prior use right holders 
must not expand the use scope and volume unless it is  so permitted by invention or industrial design 
owners.  
Article 135.- Obligation to pay remunerations to authors of  inventions, industrial designs or layout-
designs  1. Owners of inventions, industrial designs or layout -designs are obliged to pay remunerations to their 
authors according to the provisions of Clauses 2 and 3 of this Article, unless otherwise agreed upon 
by the parties.  2. The minimum level of remuneration payable by an owner to an author is provided for as follows:  
 
a/ 10% of the profit amount gained by the owner fro m the use of an invention, industrial design or 
layout-design;   b/ 15% of total amount received by the owner in eac h payment for licensing of an invention, industrial 
design or layout-design.  
3. Where an invention, industrial design or layout-d esign is jointly created by more than one authors, 
the remuneration level provided for in Clause 2 of th is Article shall be applicable to all co-authors. 
The co-authors shall agree by themselves on the division of the remuneration amount paid by the owner.  
4. The obligation to pay remunerations to authors of inventions, industrial designs or layout-designs 
shall exist throughout the term of protection of su ch inventions, industrial designs or layout-designs. 
 
Article 136.- Obligation to use inventions and marks 
 1. Owners of inventions are obliged to manufacture protected products or apply protected processes to 
satisfy the requirements of national defense, se curity, disease prevention and treatment and nutrition 
for the people or to meet other social urgent n eeds. When there arise the needs mentioned in this 
Clause but invention owners fail to perform such obl igation, the competent st ate agency may license 
such inventions to others without permission of  invention owners according to the provisions of 
Articles 145 and 146 of this Law. 
 
2. Owners of marks are obliged to use such mark s continuously. Where a ma rk has not been used 
for 5 consecutive years or more, the ownership right to such mark shall be invalidated according to 
the provisions of Article 95 of this Law. 
 
Article 137.-  Obligations to authorize the use of prin cipal inventions for the purpose of using 
dependent inventions  
 1. A dependent invention means an invention created  based on another invention (hereinafter referred 
to as principal invention) and may only be used on the condition that the principal invention is also 
used. 
 
2. Where the owner of a dependent invention can prove that his/her invention makes an important 
technical advance as compared with the principa l invention and has a great economic significance, 
he/she may request the owner of the principal in vention to license such principal invention with 
reasonably commercial price and conditions.  IP/N/1/VNM/I/1 
 Page 55 
 
 
   
Where the owner of a principal invention fails to satisfy the request of the owner of a dependent 
invention without justifiable reasons, the con cerned competent state agency may license such 
invention to the owner of the dependent invention without permission of the owner of the principal 
invention according to the provisions of Articles 145 and 146 of this Law. 
 
Chapter X 
TRANSFER OF INDUSTRIAL PROPERTY RIGHTS 
 Section 1. ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS  
Article 138.- General provisions on assignment of industrial property rights  
 1. Assignment of an industrial property right means th e transfer of ownership right by owner of such 
industrial property right to anot her organization or individual. 
 
2. Assignment of industrial property rights must be established in the form of written contracts 
(hereinafter referred to as industrial property right assignment contracts). 
 
Article 139.- Restrictions on assignment of industrial property rights 
 
1. Industrial property right owners may only assi gn their rights within the scope of protection. 
 2. Rights to geographical indi cations shall not be assigned. 
 3. Rights to trade names shall only be assigned toge ther with the transfer of the entire business 
establishments and business activities under such trade names. 
 4. The assignment of the rights to marks must not cause confusion as to properties or origins of goods or services bearing such marks.  5. Rights to marks shall only be assigned to organiza tions or individuals that satisfy conditions for 
persons having the right to register such marks. 
 
Article 140.- Contents of industrial property right assignment contracts  
 An industrial property right assignment contract  must have the following principal contents: 
 
1. Full names and addresses of the assignor and the assignee;  2. Assignment bases;  3. Assignment price; 
 
4. Rights and obligations of the assignor and the assignee.  Section 2. LICENSING OF INDUSTRIAL PROPERTY OBJECTS 
 
Article 141.- General provisions on licensing of industrial property objects 
 1. Licensing of an industrial property object means the permission by the owner of such industrial 
property object for another organization or individual to use the industrial property object within the 
scope of his/her use right. IP/N/1/VNM/I/1 
Page 56  
 
   
2. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as industrial property object license contracts). 
 
Article 142.- Restrictions on licensing of industrial property objects 
 
1. The right to use geographical indications or trade names must not be licensed.   2. The right to use collective marks must not be li censed to organizations or individuals other than 
members of the owners of such collective marks. 
 
3. The licensee must not enter into a sub-license cont ract with a third party, unless it is so permitted 
by the licensor.  4. Mark licensees shall be obliged to indicate on good s and goods packages that such goods have been 
manufactured under mark license contracts. 
 5. Invention licensees under exclusive contracts shall be obliged to use such inventions in the same 
manner as the invention owners according to the pr ovisions of Clause 1, Article 136 of this Law. 
 
Article 143.- Types of industrial property object license contracts  
 
Industrial property object license contracts shall be of the following types:  1. Exclusive contract means a contract under whic h, within licensing scope and term, the licensee 
shall have an exclusive right to use the license d industrial property object while the licensor may 
neither enter into any industrial property object license contract with any third party nor, without 
permission of the licensee, use such industrial property object;  2. Non-exclusive contract means a contract under wh ich, within licensing scope and term, the licensor 
shall still have the rights to use the industrial propert y object and to enter into  non-exclusive  industrial 
property object license contracts with others. 
 
3. Industrial property object sub-license contract means a contract under which the licensor is a 
licensee of the right to use an industrial property object under another contract. 
 
Article 144.- Contents of industrial property object license contracts   
 
1. An industrial property object license contract must have the following principal contents:  a/ Full names and addresses of the licensor and the licensee;  b/ Licensing bases; 
 
c/ Contract type;  d/ Licensing scope of, covering limitations on use right and territorial limitations;  
 
e/ Contract term;  
 f/ Licensing price;  g/ Rights and obligations of the licensor and the licensee.  IP/N/1/VNM/I/1 
 Page 57 
 
 
   
2. An industrial property object license contract mu st not have provisions which unreasonably restrict 
the right of the licensee, particularly the following provisions which do not derive from the rights of the licensor:  
a/ Prohibiting the licensee to improve the industrial property object other than marks; compelling the 
licensee to transfer free of charge to the licensor improveme nts of the industrial property object made 
by the licensee or the right of industrial property re gistration or industrial property rights to such 
improvements;  
b/ Directly or indirectly restricting the licensee to export goods produced or services provided under 
the industrial property object license contract to th e territories where the licensor neither holds the 
respective industrial property rights nor has the exclusive right to import such goods;  c/ Compelling the licensee to buy all or a certain  percentage of raw materials, components or 
equipment from the licensor or a third party designa ted by the licensor not for the purpose of ensuring 
the quality of goods produced or services provided by the licensee;  d/ Forbidding the licensee to complain about or in itiate lawsuits with regard to the validity of the 
industrial property rights or the licensor’s right to license.  
3. Any clauses in the contract falling into the cases sp ecified in Clause 2 of this Article shall be ex-
officio invalid.  Section 3. COMPULSORY LICENSING OF INVENTIONS 
 
Article 145.- Bases for compulsory licensing of inventions  
 1. In the following cases, the right to use an inve ntion may be licensed to another organization or 
individual under a decision of the competent state ag ency defined in Clause 1, Article 147 of this Law 
without permission from the holder of exclusive right to use such invention:  
a/ Where the use of such invention is for public and non-commercial purposes or in service of national 
defense, security, disease prevention and treatment a nd nutrition for people or other urgent needs of 
the society.    b/ Where the holder of exclusive right to use such i nvention fails to fulfill the obligations to use such 
invention provided for in Clause 1, Article 136 and Clause 5, Article 142 of this Law upon the 
expiration of a 4-year duration as from the date of filing the invention regist ration application and the 
expiration of a 3-year duration as from the date of granting the invention patent; 
 c/ Where a person who wishes to use the invention fails to reach an agreement with the holder of exclusive right to use such inventio n on the entry of an invention license contract in spite of his/her 
efforts made within a reasonable time for negotiati on on satisfactory commercial price and conditions;  
 d/ Where the holder of exclusive right to use su ch invention is considered having performed anti-
competition practices banned by competition law.  
2. The holder of exclusive right to use an inventi on may request the termination of the use right when 
the bases for licensing provided for in Clause 1 of this Article no longer exist and are unlikely to recur, provided that such termination shall not be prejudicial to the invention licensee; 
 IP/N/1/VNM/I/1 
Page 58  
 
  Article 146.- Conditions of limitation on the right to use inventions licensed under compulsory 
decisions  1. The right to use an invention licensed under a decision of a competent state agency must be 
compliant with the following conditions: 
 
a/ Such licensed use right is non-exclusive;  b/ Such licensed use right is only limited to a scope  and duration sufficient to achieve the licensing 
objectives, and largely for the domestic market, exce pt for the cases specified at Point d, Clause 1, 
Article 145 of this Law. For an invention in semi -conductor technology, the licensing thereof shall be 
only for public and non-commercial purposes or for handling anti-competition practices according to 
the provisions of the competition law;  c/ The licensee must neither assign nor sub-license such right to others, except where the assignment 
is effected together with the transfer of his/her business establishment; 
 d/ The licensee shall have to pay the holder of ex clusive right to use the invention a satisfactory 
compensation depending on the economic value of such  use right in each specific case, and compliant 
with the compensation bracket set by the Government.  
2. Apart from the conditions specified in Clause 1 of this Article, the right to use an invention licensed 
in any of the cases specified in Clause 2, Article  137 of this Law must also satisfy the following 
conditions:  a/ The holder of exclusive right to use the princi pal invention shall also be licensed to use the 
dependent invention on reasonable terms;  
 b/ The licensee of the right to use the principal i nvention must not assign such right, except where the 
assignment is effected together with all rights to the dependent invention. 
 
Article 147.- Competence and procedures for licensing of inventions under compulsory decisions 
 
1. The Science and Technology Ministry shall issu e decisions on licensing of inventions based on the 
consideration of requests for licensing in the cases specifi ed at Points b, c and d, Clause 1, Article 145 
of this Law.  
Ministries and ministerial-level agencies shall issue decisions on licensing of inventions in domains 
under their respective management in  the cases specified at Point a, Clause 1, Article 145 of this Law 
after consulting opinions of the Science and Technology Ministry.  2. Decisions on licensing of inventions must set out appropriate use scope and conditions according to 
the provisions of Article 146 of this Law. 
 
3. The state agency competent to decide on licensing of inventions shall have to promptly notify the 
holders of exclusive right to use such inventions of its decisions.  4. Decisions on licensing of inventions or on refusal  of licensing of inventions may be subject to 
complaints or lawsuits according to the provisions of law. 
 5. The Government shall specify procedures for li censing of inventions defined in this Article. 
  IP/N/1/VNM/I/1 
 Page 59 
 
 
  Section 4. REGISTRATION OF CONTRACTS FOR TRANSFER OF INDUSTRIAL  
PROPERTY RIGHTS 
 
Article 148.- Validity of contracts for transfer of industrial property rights  
 
1. For the industrial property rights established on the basis of registration according to the provisions 
of Point a, Clause 3, Article 6 of this Law, an industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights.  2. For the industrial property rights established on the basis of registration according to the provisions 
of Point a, Clause 3, Article 6 of this Law, an indus trial property object license contract shall be valid 
as agreed upon by the involved parties but shall be legally effective to a third party upon registration with the state management agency in charge of industrial property rights. 
 3. Validity of an industrial property object license  contract shall be terminated ex-officio upon the 
termination of licensor’s industrial property rights. 
 
Article 149.-  Dossiers for registration of contracts for transfer of industrial property rights  
 A dossier for registration of an industrial property object license contract or an industrial property 
right assignment contract shall comprise: 
 
1. A declaration for registration, made according to a set form;  2. The original or a valid copy of the contract;  
3. The original of the protection title, for case of industrial property right assignment; 
 4. Co-owners’ written consent, or a written explan ation of the reason for disagreement of any co-
owner with the right assignment where the industr ial property rights are under joint ownership; 
 5. Vouchers of payment of fees and charges; 
 
6. A power of attorney, if the dossi er is filed through a representative. 
 
Article 150.- Processing of dossiers for registration of contracts for transfer of industrial property 
rights  
 
Order and procedures for receiving and processing do ssiers for registration of industrial property 
object license contracts or industrial property right assignment contracts shall be specified by the Government.   
Chapter XI 
INDUSTRIAL PROPERTY REPRESENTATION 
 
Article 151.-  Industrial property representation services 
 1. Industrial property representation services cover: 
 
a/ Representing organizations or i ndividuals before competent state agencies in the establishment and 
enforcement of industrial property rights;  IP/N/1/VNM/I/1 
Page 60  
 
  b/ Providing consultancy on issues related to pr ocedures for the establishment and enforcement of 
industrial property rights;  c/ Other services related to procedures for the estab lishment and enforcement of industrial property 
rights. 
 
2. Industrial property representatives include organizations providing industrial property 
representation services (hereinafter referred to as industrial property representation service 
organizations) and individuals pr acticing industrial property representation of such organizations 
(hereinafter referred to as industrial property agents).  
Article 152.- Scope of rights of industrial property representatives  
 1. Industrial property re presentation service organizations shall only provide services within the scope 
of authorization and may re-authorize other indus trial property representation service organizations 
when they obtain written consents of authorizing parties. 
 2. Industrial property representation service orga nizations may waive their industrial property 
representation service business after having lawfully tr ansferred all incomplete representation jobs to 
other industrial property representation service organizations.  
3. Industrial property representatives must  not perform the following activities: 
 a/ Concurrently representing parties that dispute over industrial property rights;  b/ Withdrawing applications for protection titles, declaring waiver of protection or withdrawing 
appeals against the establishment of industrial propert y rights without consents of authorizing parties; 
 c/ Deceiving or forcing their clients to enter into and perform contracts for industrial property 
representation services. 
 
Article 153.- Responsibilities of industrial property representatives  
 
1. Industrial property representatives shal l have the following responsibilities: 
 a/ To clearly notify fee and charge amounts a nd rates, which are related to procedures for 
establishment and enforcement of industrial prop erty rights, service charge amounts and rates 
according to the service charge tariff registered at the state management agency in charge of industrial 
property rights;  b/ To keep confidential information and docum ents related to cases of their representation; 
 c/ To truthfully and adequately inform all noti ces and requests of the state agency competent to 
establish and enforce industrial property rights; to deliver on time protection titles and other decisions 
to the represented parties;  d/ To protect rights and legitimate interests of the represented parties by promptly satisfying all 
requests of the state agency compet ent to establish and enforce industria l property rights in favor of 
the represented parties; 
 e/ To notify the state agency competent to establish and enforce industrial property rights of all changes in the names, addresses of and other info rmation on the represented parties when necessary. 
  IP/N/1/VNM/I/1 
 Page 61 
 
 
  2. Industrial property representation service organi zations shall bear civil liabilities toward the 
represented parties for representation performed by th eir industrial property agents on their behalf. 
 
Article 154.- Conditions for industrial prope rty representation service business  
 
Organizations which satisfy the following conditions shall be allowed to pr ovide industrial property 
representation services as industrial property representation service organizations:  1. Being law-practicing businesses or organiza tions, or scientific and technological service 
organizations lawfully established and operating; 
 
2. Having the function of providing  industrial property representation ser vices, which is stated in their 
business registration certificates or operation registration certificates (hereinafter referred to collectively as business registration certificates);  
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. 
 
Article 155.- Conditions for industrial propert y representation service practice 
 1. An individual who satisfies the following condition s shall be allowed to practice industrial property 
representation service: 
 a/ Having industrial property representation service-practicing certificate;  b/ Working for one indus trial property representati on service organization. 
 
2. Individuals who satisfy the following conditions  shall be granted industrial property representation 
service-practicing certificates:  a/ Being Vietnamese citizens with full capacity for civil acts;  
b/ Residing permanently in Vietnam; 
 c/ Having university degrees;  d/ Having personally been engaged in the domain of industrial property law for 5 consecutive years or 
more or in the examination of assorted industrial pr operty registration applications at the national or 
international industrial property offices for 5 c onsecutive years or more or having graduated from 
training courses on industrial property law recognized by competent agencies;  e/ Being not cadres or civil servants working in th e state agency competent to establish and enforce 
industrial property rights; 
 
f/ Passing examinations on industrial property re presentation profession, organized by  competent 
agencies.  3. The Government shall specify programs on industrial property law training, examination of 
industrial property representation profession, and grant of industrial property representation service-
practicing certificates. 
 
Article 156.- Recording and deletion of names of industrial property representation service 
organizations, withdrawal of industrial prope rty representation service-practicing certificates IP/N/1/VNM/I/1 
Page 62  
 
   
1. Organizations and individuals that satisfy the conditions for industrial property representation 
service business or practice specified in Articles 154 and 155 of this Law shall be, at their request, 
recorded in the national register of industrial property representatives and pu blished in the Official 
Gazette of Industrial Property by the state management  agency in charge of industrial property rights. 
 
2. Where there are grounds to confirm that an i ndustrial property representative no longer satisfies the 
business or practice conditions specified in Articles 154 and 155 of this Law, the state management 
agency in charge of industrial property rights sh all delete the name of such industrial property 
representative in the national register of industrial property and publish such deletion in the Official 
Gazette of Industrial Property. 
 3. Industrial property representation service organiza tions which violate the provisions of Clause 3, 
Article 152 and Article 153 of th is Law shall be handled according to the provisions of law; 
 
4. Industrial property agents who make professi onal mistakes while practicing or violate the 
provisions of Point c, Clause 3, Article 152 and Po int a, Clause 1, Article 153 of this Law shall, 
depending on the nature and seriousness of their mi stakes or violations, be subject to cautions, 
monetary fines or withdrawal of industrial pr operty representation service-practicing certificates. 
 
Part Four 
RIGHTS TO PLANT VARIETIES 
 
Chapter XII 
CONDITIONS FOR PROTECTION OF RIGHTS TO PLANT VARIETIES 
 
Article 157.-  Organizations and individuals that have rights to plant varieties protected 
 1. Organizations and individuals that have rights to  plant varieties protected mean those that select 
and breed or discover and develop plant varieties or invest 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 th e protection of plant varieties; and foreign 
organizations and indivi duals that have permanent residence addresses in Vietnam or have 
establishments producing or trading in plant varieties in Vietnam.  
Article 158.- General conditions for plant varieties eligible for protection  
 Plant varieties eligible for protection mean those wh ich have been selected a nd bred or discovered and 
developed, are on the list of State-protected plant species promulgated by the  Agriculture and Rural 
Development Ministry, and are new, distinct , uniform, stable and designated by proper 
denominations. 
 
Article 159.- Novelty of plant varieties 
 A plant variety shall be deemed new if reproductive materials or harvested materials of such variety 
has not yet been sold or otherwise distributed for the purpose of exploitation in the Vietnamese 
territory by the registration right holder defined in Article 164 of this Law or his/her licensee one year 
before the filing date of the registration applica tion; or for exploitation outside the Vietnamese 
territory six years before the filing date of the re gistration application for timber trees or vines, and 
four years for other plant varieties.  IP/N/1/VNM/I/1 
 Page 63 
 
 
   
Article 160.- Distinctness of plant varieties 
 1. A variety shall be deemed to be distinct if it is clearly distinguishable from any other 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 mean those falling into one of the following cases:  
a/ Their reproductive materials or harvested material s 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 into the list of plant species in any country; 
 
c/ They are subject matters of protection registration applications or registered into the list of plant 
species in any country, provided that these applications have not been rejected; 
 d/ Their detailed descriptions have been published. 
 
Article 161.- Uniformity of plant varieties 
 
A plant variety shall be deemed uniform if, subject to the variation that may be expected from the 
particular features of its propagation, it is suffi ciently uniform in its relevant characteristics. 
 
Article 162.-  Stability of plant varieties 
 
A plant variety shall be deemed stable if its re levant originally described characteristics remain 
unchanged after repeated propa gation or, in the case of a particular cy cle of propagation, at the end of 
each cycle. 
 
Article 163.-  Denominations of plant varieties  
 
1. The registrant must designate a proper denominati on for a plant variety which must be the same as 
the denomination registered in any country upon f iling of the protection registration application. 
 2. The denomination of a plant variety shall be de emed proper if it is distinguishable from those of 
other plant varieties of common knowledge in the same species or similar species. 
 3. Denominations of plant varieties shall be deemed improper in the following cases:  a/ They consist of numerals only, except where such  numerals are relevant to characteristics or the 
breeding of such varieties; 
 
b/ They violate the 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; 
 IP/N/1/VNM/I/1 
Page 64  
 
  f/ They are identical or similar to denominations of harvested materials of such plant varieties; 
 g/ They affect prior rights of other organizations or individuals.  4. Organizations and individuals that offer for sal e or bring to the market reproductive materials of 
plant varieties must use the denominations of such plant varieties as stated in protection titles even 
after the expiration of the protection terms.  5. When denominations of plant varieties are comb ined with trademarks, trade names or indications 
similar to denominations of plant varieties already registered for sale offer or brought to the market, 
such denominations must still be distinguishable. 
 
Chapter XIII 
ESTABLISHMENT OF RIGHTS TO PLANT VARIETIES 
 
Section 1. ESTABLISHMENT OF RIGHTS TO PLANT VARIETIES 
 
Article 164.-  Registration of rights to plant varieties 
 1. To obtain protection of rights to plant varietie s, organizations and individuals must file their 
applications for protection registration with the state management agency in charge of rights to plant 
varieties. 
 2. Organizations and individuals having the right to register plant varieties for protection  (hereinafter 
referred to as registrants) include:  
a/ Breeders who have personally selected and bred or discovered a nd developed the plant varieties 
with their own efforts and expenses;  b/ Organizations and individuals that fund breeders to select and breed or discover and develop plant 
varieties in form of job assignment or hiring, unless otherwise agreed upon;  
c/ Organizations and individuals that are transferred or inherit the right to register for protection of 
plant varieties.  3. For plant varieties which are selected and bred or discovered and developed with the use of the 
state budget or under projects managed by the State, the rights to such plant varieties shall belong to 
the State. The Government shall specify the registra tion of rights to plant varieties mentioned in this 
Clause.  
 
Article 165.- Mode of filing applications for registration of rights to plant varieties 
 1. Vietnamese organizations and individuals or foreign organizati ons and individuals that have 
permanent residence addresses in Vietnam or have plant variety production or trading establishments 
in Vietnam may file their applications for registrati on of rights to plant varieties (hereinafter referred 
to as protection registration applications) directly or  through their lawful representatives in Vietnam. 
 2. Foreign organizations and indi viduals having no permanent residence addresses in Vietnam or no 
plant variety production and trading establishments  in Vietnam may file protection registration 
applications through their lawful representatives in Vietnam. 
  IP/N/1/VNM/I/1 
 Page 65 
 
 
  Article 166.- First-to-file principle for plant varieties 
1. Where two or more parties independently file pr otection registration appli cations on different days 
for the same plant variety, the plant variety protec tion certificate shall only be granted to the earliest 
valid registrant.  
2. Where there are many protection registration applications for the same plant variety filed on the 
same day, the plant variety protection certificate sha ll only be granted to the registrant whose name is 
used for the filing of the sole application as agre ed upon by all the other registrants. Where these 
registrants fail to reach agreement, the state manage ment agency in charge of rights to plant varieties 
shall consider to grant the plant variety protection cer tificate to the party who is determined to be the 
first breeder who has selected and bred or  discovered and developed such variety. 
 
Article 167.- Priority principle for protection registration applications  
 1. A registrant may claim the priority right wh ere a protection registration application is filed 
within 12 months from the date of filing the prot ection registration application for the same plant 
variety in a country which has concluded with the Socialist Republic of Vietnam an agreement on 
plant variety protection. The first filing date  shall not be included in this time limit. 
 2. In order to enjoy the priority right, the registrant must express the claim for the priority right in his/her protection registration application. Within 3 months after filing the regi stration application, the 
registrant must produce copies of documents on the first application certified by the competent agency 
and samples or other evidence proving  that the variety in both appli cations is the same and pay the 
fee. The registrant may supply necessary inform ation, documents or materials to the state 
management agency in charge of rights to plant varieties for examination according to the provisions 
of Articles 176 and 178 of this Law within 2 years after the expiration of the duration for enjoying the 
priority right, or within an appropriate duration depending on the species of the plant variety stated in 
the application, after the first application is rejected or withdrawn.  3. Where a protection registration application is eligible  for the priority right, the priority date shall be 
the first filing date.  
4. Within the time limit specified in Clause 1 of th is Article, the filing of another application or the 
publication or use of the plant variety being the subject matter of the first application shall not be considered a ground for rejecting the protection regist ration application eligible for the priority right. 
 
Article 168.- Plant variety protection certificates and the nati onal register of protected plant varieties  
 
1. A protection certificate for a plant variety shall state the denomination and species of such variety, the name of the owner of rights to such plant variety (hereinafter referred to as the protection 
certificate holder), the name of the plant variety breed er and the protection term of rights to the plant 
variety.  
2. The state management agency in charge of ri ghts to plant varieties shall record the grant and 
contents of protection certificates in the national re gister for protected plant varieties, and archive 
such information. 
 
Article 169.- Validity of plant variety protection certificates  
 
1. Plant variety protection certificates shall be valid throughout the Vietnamese territory.  2. Plant variety protection certificates shall be valid from the grant date to the end of a period of 25 years for timber trees and vines; or 20 years for other plant varieties. IP/N/1/VNM/I/1 
Page 66  
 
   
3. Plant variety protection certificates may have thei r validity terminated or be invalidated according 
to the provisions of Articles 170 and 171 of this Law. 
 
Article 170.- Termination and restoration of validity of plant variety protection certificates 
 
1. The validity of a plant variety protection cer tificate may be terminated in the following cases: 
 a/ The protected plant variety no longer satisfies the conditions of uniformity and stability as at the 
time of certificate grant; 
 
b/ The protection certificate holder fails to pay th e validity maintenance fee according to regulations; 
 c/ The protection certificate holder fails to suppl y necessary documents and reproductive materials for 
maintaining and preserving the plan t variety according to regulations; 
 
d/ The protection certificate holder fails to change th e denomination of the plant variety at the request 
of the state management agency in charge of rights to plant varieties.  2. In the cases specified at Points a, c and d, Clause 1 of this Article, the concerned state management 
agency in charge of rights to pl ant varieties shall issue a decision on termination of validity of the 
plant variety protection certificate. 
 3. In the case specified at Point b, Clause 1 of this Article, upon the expiration of the time limit for 
payment of the validity maintenance fee, the concer ned state management agency in charge of rights 
to plant varieties shall issue a decision on termin ation of validity of the plant variety protection 
certificate as from the first day of the next valid year  in which the validity maintenance fee is not paid. 
 4. In the cases specified at Point a, Clause 1 of this Article, all organizations and individuals may 
request the state management agency in charge of ri ghts to plant varieties to terminate the validity of 
the plant variety protection certificates.  
Based on the results of considering the applica tion for cancellation of a plant variety protection 
certificate and the opinions of relevant parties, the concerned state management agency in charge of 
rights to plant varieties shall issue a decision to term inate the validity of the cer tificate or to refuse the 
validity termination of the protection certificate.  
5. In the cases specified in Clause 1 of this Article , the concerned state management agency in charge 
of rights to plant varieties shall publish such termin ation on a specialized magazine, clearly stating the 
reasons therefor, and concurrently send a notice ther eon to the certificate holder. Within 30 days from 
the date of notification, the certificate holder may file  a request for application of remedies to reasons 
for which the validity is terminated with the state management agency in charge of rights to plant 
varieties and pay the fee for restoration of validity of the plant variety protection certificate. Within 90 
days after the date of filing the request, the pr otection certificate holder must remedy reasons for 
which the validity is terminated, for the cases specifie d at Points b, c and d, Clause 1 of this Article. 
The state management agency in charge of rights to plant varieties shall consider and restore the 
validity of the protection certificate and publish it in a specialized magazine. 
 
In the cases specified at Point a, Cl ause 1 of this Article, the validity of the plant variety protection 
certificate shall be restored after its holder successfu lly proves that the plant variety has satisfied the 
conditions of uniformity and stability and has been so certified by the state management agency in 
charge of rights to plant varieties. 
  IP/N/1/VNM/I/1 
 Page 67 
 
 
  Article 171.-  Invalidation of plant variety protection certificates  
 1. A plant variety protection certificate sh all be invalidated in the following cases: 
 a/ The plant variety protection registration applicat ion is filed in the name of a person who does not 
have the registration right, except where the right to such plant variety has been assigned to the holder 
of the registration right;  b/ The protected plant variety fails to satisfy the conditions of novelty or distinctness at the time of 
grant of the plant variety protection certificate; 
 
c/ The plant variety fails to satisfy the conditions  of uniformity or stability where the plant variety 
protection certificate is granted on the basis of results of technical test conducted by the registrant.  2. In the valid term of the plant variety protecti on certificate, all organizations and individuals may 
request the state management agency in charge of  rights to plant varieties to invalidate the plant 
variety protection certificate.  Basing itself on results of the examination of the re quests for invalidation of plant variety protection 
certificates and opinions of relevant parties, the stat e management agency in charge of rights to plant 
varieties shall issue notices on refusal to invalidate or issue decisions on invalidation of plant variety 
protection certificates. 
 3. Where a plant variety protection certificate is invalidated, all transactions arising on the basis of the plant variety granted such protection certificate shall be null and void. The handling of null and void transactions shall comply with the Civil Code.  
Article 172.- Modification or re-grant of plant variety protection certificates  
 1. Protection certificate holders may request the state management agency in charge of rights to plant 
varieties to modify or correct errors related to th eir names and addresses, provided that they shall pay 
fees and charges. Where such errors are made by th e state management agency in charge of rights to 
plant varieties, this agency must correct such erro rs and protection certificate holders shall not have to 
pay fees and charges.  2. Protection certificate holders may request the state management agency in charge of rights to plant 
varieties to re-grant plant variety protection certificates where their protection certificates are lost or 
damaged provided they shall pay fees and charges. 
 
Article 173.-  Publication of decisions related to plant variety protection certificates 
 Decisions on grant, re-grant, termination of validi ty, invalidation or modification of plant variety 
protection certificates shall be published by the state management agency in charge of rights to plant 
varieties in a specialized magazine on plant varieti es within 60 days after such decisions are issued.  
 Section 2. PROTECTION REGISTRA TION APPLICATIONS AND PROCEDURES FOR 
PROCESSING THEREOF 
 
Article 174.-  Protection registration applications   
 1. A protection registration application comprises the following documents:  a/ A declaration form for registration made according to a set from; IP/N/1/VNM/I/1 
Page 68  
 
   
b/ Photos and technical declarations made according to a set form;  c/ Power of attorney, where the applica tion is filed through a representative; 
 
d/ Documents evidencing the registration right where the registrant is a transferee of the registration 
right;  e/ Documents evidencing the priority right, where the application contains a claim for enjoying the 
priority right. 
 
f/ Vouchers of payment of fees and charges.  2. Protection registration applications and document s for transaction between registrants and the state 
management agency in charge of rights to plant va rieties must be made in Vietnamese, except for the 
following documents which may be made in another la nguage but must be translated into Vietnamese 
at the request of the state management agency  in charge of rights to plant varieties: 
 a/ Power of attorney;  b/ Documents evidencing the registration right; 
 
c/ Documents evidencing the priority right;  d/ Other documents in support of applications.   
3. Documents evidencing the priority right of a registration application for protection of rights to a 
plant variety include:  a/ Copies of the first application(s) certified by the receiving agency;  b/ Papers on transfer or inheritance of the priority  right if such right is acquired from another person. 
 
4. Each application shall be registered only for the protection of one plant variety. 
 
Article 175.- Receipt of protection registra tion applications, filing date 
 
1. A protection registration application shall be r eceived by the concerned state management agency 
in charge of rights to plant varieties only when it  is enclosed with all the documents specified in 
Clause 1, Article 174 of this Law.  2. The filing date of an application is the date on which such application is received by the concerned 
state management agency in charge  of rights to plant varieties. 
 
Article 176.- Formal examination of protec tion registration applications  
 1. The state management agency in charge of rights to plant varieties shall conduct the formal 
examination of applications within 15 days after r eceiving such applications to determine the validity 
of such applications. 
 2. A protection registration application sha ll be deemed invalid in the following cases: 
 a/ It fails to satisfy the formal requirements as specified;  IP/N/1/VNM/I/1 
 Page 69 
 
 
   
b/ The plant variety stated in such applicati on does not belong to a plant species on the list of 
protected plant species;  c/ It is filed by a person who does not have the registration right, even where the registration right 
belongs to many organizations or individuals but one or several of them do not agree to make the 
registration.  3. The state management agency in charge of ri ghts to plant varieties shall carry out the following 
procedures: 
 
a/ Notifying the refusal to accept the applications in  the cases specified at Points b and c, Clause 2 of 
this Article, clearly stating the reasons therefor;  b/ Notifying the registrant of errors for correction in  the cases specified at Point a, Clause 2 of this 
Article, and setting a time limit of 30 days after the receipt of the notice for the correction of such 
errors by the registrant;  c/ Notifying the refusal to accept th e application where the registrant fails to correct errors or where 
the registrant does not make a reasonable appeal agai nst the notice specified at Point b of this Clause; 
 
d/ Notifying the acceptance of the application, re questing the registrant to supply samples of the 
variety to the testing institution for performance of technical tests and procedures specified in 
Article 178 of this Law where such application is va lid or where the registrant has properly corrected 
the errors or made a justifiable opposition to th e notice specified at Point b of this Clause. 
 
Article 177.- Publication of protection registration applications 
 1. Where an application is accepted as valid, the concerned state management agency in charge of 
rights to plant varieties shall publish such valid application in a specialized magazine on plant 
varieties within 90 days from the date of application acceptance.   
2. Published contents of an application include the serial number and filing date of the application, the 
representative agent (if any), the registrant, the owner, the denomination of the plant variety, the name of the plant species, the date on which the application is accepted as valid. 
 
Article 178.-  Substantive examination of prot ection registration applications 
 
1. The state management agency in charge of ri ghts to plant varieties shall conduct the substantive 
examination of applications already acc epted as valid. The examination covers: 
 a/ Examination of novelty and proper  denominations of plant varieties. 
 
b/ Examination of results of technical tests of plant varieties. 
 2. Technical test means experiments conducted to determine the distinctness, uniformity and stability 
of varieties.  
Technical test shall be conducted by the competent state agency or organizations or individuals that 
are capable of conducting the test of plant varieties in compliance with regulations of the Agriculture 
and Rural Development Ministry.  IP/N/1/VNM/I/1 
Page 70  
 
  The state management agency in charge of right s to plant varieties may use previously obtained 
technical test results.  3. The time limit for examination of technical test results shall be 90 days from the date of receipt of such technical test results.  
Article 179.- Modification and supplementation of pr otection registration applications 
 1. Before the concerned state management agency in  charge of rights to plant varieties notifies the 
refusal to grant a plant variety protection certificate or the decision on grant of a plant variety 
protection certificate, the registrant shall have the following rights: 
 a/ To modify or supplement the protection regi stration application without changing its nature; 
 b/ To request the recording of changes in his/her name or address. 
 
c/ To request the recording of change of the re gistrant due to the application assignment under a 
contract or as a result of inheritance or bequest.  2. The requester for carrying out of procedures specified in Clause 1 of this Article must pay fees and charges.  
Article 180.- Withdrawal of protection registration applications  
 1. Before the concerned state management agency in  charge of rights to plant varieties decides or 
refuses to grant a plant variety protection certificat e, the registrant may withdraw the protection 
registration application.  A request for appli cation withdrawal must be made in writing.  
 2. From the moment the registrant withdraws the protection registration application, all subsequent 
procedures related to such application shall be stopped; fee and charge amounts already paid for 
procedures which have not yet been carried out sha ll be refunded at the request of the registrant. 
 
Article 181.- Opinions of the third party on the grant of plant variety protection certificates 
 From the date of publication of a plant variety pr otection registration application in a specialized 
magazine on plant varieties until before a decision on grant of a plant variety protection certificate is issued, any third party can give opinions challe nging the grant of such plant variety protection 
certificate to the state management agency in charge  of rights to plant varieties. Such opinions must 
be made in writing and accompanied by documents and evidence to support them. 
 
Article 182.- Refusal to grant plant variety protection certificates 
 A protection registration application shall be rej ected and the grant of a plant variety protection 
certificate refused where the concerned plant variet y fails to satisfy the conditions specified in 
Articles 176 and 178 of this Law. In case of refusal to grant a plant variety protection certificate, the 
state management agency in charge of rights to plant varieties shall carry out the following 
procedures:  
1. Notifying the intended refusal to grant a plant variety protection certificate, clearly stating the 
reasons therefor and setting a time limit for the regist rant to correct errors or make oppositions to the 
intended refusal;   IP/N/1/VNM/I/1 
 Page 71 
 
 
  2. Notifying the refusal to grant a plant variety pr otection certificate where the registrant fails to 
correct errors and makes no opposition to the intende d refusal mentioned in Clause 1 of this Article; 
 3. Carrying out the procedures specified in Article 183 of this Law where the registrant has corrected 
errors or made a justifiable oppos ition to the intended refusal mentioned in Clause 1 of this Article. 
 
Article 183.- Grant of plant variety protection certificates  
 Where a protection registration application is not re jected as specified in Article 182 of this Law and 
the registrant pays the fee, the state management ag ency in charge of rights  to plant varieties shall 
decide to grant a plant variety protection certificate and record it in the national register of protected 
plant varieties. 
 
Article 184.- Complaints about the grant or the refusal to grant plant variety protection certificates 
 
1. The registrant and any third party may complain about the decision or the refusal to grant a plant 
variety protection certificate.  2. The settlement of complaints about decisions or refusals to grant plant variety protection certificates shall comply with the provisions  of law on complaints and denunciations. 
 
Chapter XIV 
CONTENTS OF AND LIMITATIONS ON RIGHTS TO PLANT VARIETIES 
 Section 1. CONTENTS OF RIGHTS TO PLANT VARIETIES 
 
Article 185.-  Rights of plant variety breeders 
 The breeder of a plant variety shall have the following rights:  1.  To have his/her name as a breeder recorded in  the plant variety protection certificate, the national 
register of protected plant varieties, and published documents on plant varieties; 
 
2. To receive remunerations according to the provisio ns of Point a, Clause 1, Article 191 of this Law. 
 
Article 186.-  Rights of protection certificate holders  
 
1. A protection certificate holder shall have the righ t to exercise or authorize others to exercise the 
following rights to reproductive materials of a protected plant variety:  a/ To conduct the 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 stock them for the purposes specified at Po ints a, b, c, d, e and f of this Clause. IP/N/1/VNM/I/1 
Page 72  
 
   
2. To prevent others from using the plant variety according to the provisions of Article 188 of this 
Law.  3. To pass by inheritance or bequest or transfer  the rights to the plant variety according to the 
provisions of Chapter XV of this Law. 
 
Article 187.- Extension of rights of protection certificate holders 
 Rights of a protection certificate holder shall be extended to the following plant varieties: 
 
1. Plant varieties which originate from the protected  plant variety, except where such protected plant 
variety itself originates from another protected plant variety;  A plant variety is deemed to originate from a protect ed 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 for differences 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 requir es the repeated use of protected plant variety. 
 
Article 188.- Acts of infringing upon rights to plant varieties 
 The following acts shall be regarded as infringeme nts of rights of a protection certificate holder: 
 
1. Exploiting or using rights of such protecti on certificate holder without his/her permission; 
 2. Using a plant variety denomination which is iden tical or similar to a denomination protected for a 
plant variety of the same species or a species cl osely linked to the protected plant variety. 
 3. Using a protected plant variety without paying  the remuneration according to the provisions of 
Article 189 of this Law. 
 
Article 189.- Provisional rights to plant varieties 
 1. Provisional rights to a plant variety are rights of the protection registrant of such plant variety, 
which arise from the date of publication of the prot ection registration application till the date of grant 
of a plant variety protection certificate. Where a pl ant variety protection certif icate is not granted for 
such plant variety, the protection registrant shall not have these provisional rights.  2. Where the registrant is aware of the fact that th e plant variety registered for protection is being used 
by another person for commercial purposes, the plan t variety protection registrant may notify in 
writing that user of the fact that a registration application for protection of the plant variety has been 
filed, clearly specifying the filing date and the da te of publication of such protection registration 
application, so that the latter shall st op or continue using the plant variety. 
 3. Where the user already notified according to the provisions of Clause 2 of this Article continues 
using the plant variety, the plant variety protection certificate holder may, upon the grant of the 
certificate, request such plant variety user to pa y a compensation amount equivalent to the licensing 
price of such plant variety within the corresponding use scope and duration.  Section 2. LIMITATIONS ON RIGHTS TO PLANT VARIETIES  IP/N/1/VNM/I/1 
 Page 73 
 
 
   
Article 190.- Limitations on rights of plant variety protection certificate holders 
 1. The following acts shall not be regarded as infringements of rights to protected plant varieties:  
a/ Using plant varieties for personal and non-commercial purposes; 
 b/ Using plant varieties for crossbreeding for scientific research purposes;  c/ Using plant varieties to create new plant varie ties distinct from the protected plant varieties; 
 
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 shall not be applicable  to acts related to materials of protected plant 
varieties which have been sold or otherwise brought  to the domestic or overseas markets by protection 
certificate holders or their licensees, except for 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 
genus or species of such plant varieties are not pr otected, except where such materials are exported for 
consumption purpose; 
 
Article 191.- Obligations of protection certificate holders and breeders of plant varieties  
 
1. Protection certificate holders shall have the following obligations: 
 a/ To pay remunerations to breeders of plant va rieties as agreed upon; in the absence of such 
agreement, the remuneration level must comply with the provisions of law;  b/ To pay the fee for maintenance of validity of  plant variety protection certificates according to 
regulations. 
 c/ To preserve protected plant varieties, supply repr oductive materials of protected plant varieties to 
the state management agency in charge of rights to plant varieties, and maintain the stability of 
protected plant varieties according to regulations. 
 
2. Breeders of plant varieties shall be obliged to help protection certificate holders maintain  
reproductive materials of protected plant varieties.  
Chapter XV 
TRANSFER OF RIGHTS TO PLANT VARIETIES 
 
Article 192.-  Licensing of plant varieties   
 1. Licensing of a plant variety means the permission of the protection certificate holder for another person to conduct one or several acts of his/her right to use the plant variety. 
 
2. Where the right to use a plant variety is under co -ownership, the licensing of such plant variety to 
another person must be consented by all co-owners.  3. The licensing of a plant variety must be effected in the form of a written contract. IP/N/1/VNM/I/1 
Page 74  
 
   
4. A plant variety licensing contract must not contain terms which unreasonably restrict rights of the licensee, particularly restrictions neither deriving from nor aimed at protecting rights of the licensor to the licensed plant variety. 
 
Article 193.-  Rights of parties to a licensing contract  
 1. The licensor may or may not permit the licensee to sublicense a third party.   2. The licensee shall have the following rights: 
 
a/ To license the use right to a third party if it is so permitted by the licensor;  b/ To request the licensor to take necessary and ap propriate measures against any infringements by a 
third party causing damage to the licensee; 
 
c/ To take necessary measures to prevent a third party’s infringements if within a time limit of 3 
months from the date of receipt of the request menti oned at Point b of this Clause, the licensor fails to 
act as requested. 
 
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 such plant variety to the assignee. The assignee shall become the plant variety 
protection certificate holder from the date of registration of the assignment contract with the state management agency in charge of rights to plant va rieties according to procedures specified by law. 
 
2. Where rights to a plant variety are under joint ownership, the assignment of such rights to another person must be consented by all co-owners.  3. The assignment of rights to a plant variety must be effected in the form of written contract.   
 
Article 195.- Bases and conditions for compulsory licensing of plant varieties 
 1. In the following cases, the rights to use a plant va riety shall be licensed to another organization or 
individuals under a decision of the competent state agency defined in Clause 1, Article 196 of this 
Law without permission of the protection certificate holder or his/her exclusive licensee (hereinafter 
referred to as the holder of the exclus ive right to use a plant variety): 
 a/ The use of such plant variety is for the public  interest and non-commercial purposes, in service of 
national defense, security, food security and nutrition for the people or to meet other urgent social needs;  
b/ Persons having demand and capacity to use such plant variety fail to reach agreement with the 
holder of the exclusive right to use such plant vari ety on the entry into a license contract though they 
have made best efforts within a reasonable peri od of time to negotiate for satisfactory prices and 
commercial conditions;  
c/ The holder of the exclusive right to use such plant variety is considered having performed anti-
competition practices prohibited according to the provisions of competition law.   IP/N/1/VNM/I/1 
 Page 75 
 
 
  2. The holder of the exclusive right to use a plant variety may request the termination of the use right 
when the bases for licensing provided for in Clause 1 of this Article cease to exist and are unlikely to 
recur, provided that such use right termin ation is not prejudicial to the licensee. 
 3. The right to use a plant variety licensed under a d ecision of the competent state agency must satisfy 
the following conditions: 
 a/ Such licensed use right is non-exclusive;  b/ Such licensed use right is limited within a sc ope and duration sufficient to attain the licensing 
objectives, and largely for the domestic market, exce pt for the cases specified at Point c, Clause 1 of 
this Article;  c/ The licensee must not assign the use right to anot her person, except where the assignment is made 
together with the transfer of his/her business est ablishment, and must not sub-license to others; 
 
d/ The licensee must pay an adequate compensation to  the holder of exclusive right to use the plant 
variety, taking into account the economic value of  such use right in each  specific case and in 
compliance with the compensation rate br acket promulgated by the Government; 
 4. The Government shall specify cases of com pulsory licensing of plant varieties and the 
compensation rate bracket mentioned at Point d, Clause 3 of this Article. 
 
Article 196.- Competence and procedures for licensing of plant varieties under compulsory decisions 
 1. The Agriculture and Rural Development Minist ry shall issue decisions on licensing of plant 
varieties in the fields under its state management on the basis of considering licensing requests for the 
cases specified in Clause 1, Article 195 of this Law.  Ministries and ministerial-level agencies shall issu e decisions on licensing of plant varieties in the 
fields under their state management on the basis of  consulting opinions of the Agriculture and Rural 
Development Ministry for the cases specifie d in Clause 1, Article 195 of this Law. 
 
2. Plant variety licensing decisions must set th e use scope and conditions in compliance with the 
provisions of Clause 3, Article 195 of this Law.  3. The state agency competent to decide on licensing of plant varieties must promptly notify holders 
of the exclusive right to use such plant varieties of such decisions. 
 4. Decisions on licensing of plant varieties or refusal to license plant varieties may be complained about or subject to lawsuits accord ing to the provisions of law. 
 5. The Government shall specify procedures for licen sing of plant varieties mentioned in this Article. 
 
Article 197.-  Rights of protection certificate holders in case of compulsory licensing of plant varieties  
 Protection certificate holders subject to compulsorily licensing of plant varieties shall have the following rights: 
 
1. To receive compensations corresponding to the economic value of the licensed use right or equivalent to the licensing price under cont racts with corresponding scope and term; 
 IP/N/1/VNM/I/1 
Page 76  
 
  2. To request the state management agency in charge  of rights to plant varieties to amend, terminate 
validity or invalidate of the compulsory licensing wh en the conditions for such compulsory licensing 
no longer exist and such amendment, termination of  validity or invalidation does not cause damage to 
compulsory licensees. 
 
Part Five 
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 
 
Chapter XVI 
GENERAL PROVISIONS ON PROTECTION OF INTELLECTUAL PROPERTY RIGHTS 
 
Article 198.-  Right to self-protection  
 1. Intellectual property right holders shall have the right to apply the following measures to protect their intellectual property rights: 
 
a/ Applying technological measures to prevent act s of infringing upon intellectual property rights; 
 b/ Requesting organizations or individuals that  commit acts of infringing upon intellectual property 
rights to terminate their infringing acts, make public apologies or rectifications and pay damages;    
 
c/ Requesting competent state agen cies to handle acts of infringing upon intellectual property rights 
according to the provisions of this Law and other relevant provisions of law; 
 d/ Initiating lawsuits at courts or arbitration cente rs to protect their legitimate rights and interests. 
 
2. Organizations and individuals that suffer from damage caused by acts of infringing upon 
intellectual property rights or discover acts of in fringing upon intellectual property rights which cause 
damage to consumers or society shall have the ri ght to request competent state agencies to handle 
such acts according to the provisions of this  Law and other relevant provisions of law. 
 3. Organizations and individuals that suffer from da mage or are likely to suffer from damage caused 
by acts of unfair competition shall have the right to request competent state agencies to apply the civil 
remedies provided for in Article 202 of this La w and the administrative remedies provided for by 
competition law. 
 
Article 199.- Remedies against acts of infringing upon intellectual property rights  
 
1. Organizations and individuals that commit act s of infringing upon intellectual property rights of 
other organizations and individuals shall, depe nding on the nature and seriousness of such 
infringements, be handled with civil, administrative or criminal remedies.   2. In case of necessity, competent state agencies ma y apply provisional urgent measures, measures to 
control intellectual property-rela ted imports and exports, or measures to prevent and secure the 
administrative sanctioning according to the provisions of this Law and other re levant provisions of 
law.   
 
Article 200.- Competence to handle acts of infringing upon intellectual property rights   
 
1. Courts, inspectorates, market management offices, custom offices, police offices and People’s Committees of all levels, within the ambit of their tasks and powers, are competent to handle acts of 
infringing upon intellectual property rights.     IP/N/1/VNM/I/1 
 Page 77 
 
 
  2. The application of civil remedies or criminal re medies shall fall within the competence of courts. In 
case of necessity, courts may apply provisi onal urgent measures provided for by law. 
 3. The application of administrative remedies sha ll fall under the competence of inspectorates, police 
offices, market management offices,  custom offices and People’s Committee of all levels. In case of 
necessity, these agencies may apply measures to pr event and secure the administrative sanctioning 
provided for by law.   4. The application of measures to control intellectua l property-related imports and/or exports shall fall 
under the competence of custom offices.  
Article 201.-  Intellectual property assessment 
 1. Intellectual property assessment means the use by competent organizations or individuals of their 
professional knowledge and expertise to make assess ment of and conclusion  on matters related to 
intellectual property right infringement cases. 
 2. State agencies competent to handle acts of in fringing upon intellectual property rights shall have 
the right to ask for intellectual property assessme nt while handling cases or matters they have 
accepted.  
3. Intellectual property right holders and other rela ted organizations and indi viduals shall have the 
right to request intellectual property assessment to protect their legitimate rights and interests. 
 4. The Government shall specify intellectual property assessment.    
Chapter XVII 
HANDLING OF INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS  
WITH CIVIL REMEDIES 
 
Article 202.- Civil remedies 
 
Courts shall apply the following civil remedies in  handling organizations an d individuals that have 
committed acts of infringing upon intellectual property rights:  1. Compelling the termination of infringing acts;  
2. Compelling the public apology and rectification; 
 3. Compelling the performance of civil obligations;  4. Compelling the payment of damages;  
5. Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, 
materials and means used largely for the production or  trading of intellectual property right-infringing 
goods, provided that such destruction, distribution or  use does not affect the exploitation of rights by 
intellectual property right holders. 
 
Article 203.- Right and burden of proof of involved parties 
 1. The plaintiff and the defendant in a lawsuit ag ainst intellectual property right infringement shall 
enjoy the right and bear the burden of proof provided for in Article 79 of the Civil Procedure Code and this Article. IP/N/1/VNM/I/1 
Page 78  
 
   
2. The plaintiff shall prove that he/she is the intellectual property right holder with one of the 
following evidence:  a/ Copies of the copyright registration certificate, related right registration certificate or protection 
title; or an extract of the national register of copy right and related rights, the national register of 
industrial property or the national register of protected plant varieties;  b/ Necessary evidence proving the basis for establish ment of copyright or related rights in case of 
absence of a copyright registration certificate, relate d right registration certificate; necessary evidence 
proving rights to business secrets, trade names or well-known marks; 
 c/ Copies of license contracts for intellectual prope rty objects where the use right is licensed under 
contracts.  
3. The plaintiff shall have to produce evidence of acts of infringing upon intellectual property rights or 
acts of unfair competition.  4. In a lawsuit against an infringement of the righ t to an invention which is a production process, the 
defendant shall have to prove that  his/her products are produced by a process other than the protected 
process in the following cases: 
 
a/ The product made by the protected process is new;  b/ The product made by the protected process is not  new, but the invention owner believes that the 
product of the defendant is made by the protected process and fails to identify the process used by the 
defendant in spite of applica tion of appropriate measures. 
 5. Where a party to a lawsuit against an infringeme nt of intellectual property rights can prove that 
appropriate evidence proving his/her claims is unde r the control of the other party and therefore 
inaccessible, the former shall have the right to requ est the court to compel the latter to produce such 
evidence. 
 
6. When making a claim for compensation for damage , the plaintiff must prove his/her actual damage 
and specify the basis for determ ining compensation for damage according to the provisions of 
Article 205 of this Law. 
 
Article 204.- Principles of determination of damage cau sed by infringements of intellectual property 
rights   1. Damage caused by acts of infringing upon industrial property rights include:  a/ Material damage, including property losses, decreases in income and profit, loss of business 
opportunities, reasonable expenses for preven tion and remedying of such damage;  
 b/ Spiritual damage, including damage to honor, dign ity, prestige, reputation and other spiritual losses 
caused to authors of literary, artistic and scientific works; to performers; to authors of inventions, 
industrial designs, layout-designs; and breeders of plant varieties. 
 
2. The extent of damage shall be determined on the basis of actual losses suffered by intellectual 
property right holders due to acts of in fringing upon intellectual property rights. 
  IP/N/1/VNM/I/1 
 Page 79 
 
 
  Article 205.-  Bases for determination of compensations for damage caused by infringements of 
intellectual property rights  
 1. Where the plaintiff can prove that an act of infringing upon intellectual property rights has caused material damage to him/her, he/s he shall have the right to request the court to decide on the 
compensation level on one of the following bases: 
 a/ Total material damage calculated in an amount of money plus profit gained by the defendant as a 
result of an act of infringing upon intellectual prope rty rights where the reduced profit amount of the 
plaintiff has not yet been calculated into such total material damage; 
 
b/ The price of the licensing of an intellectual prope rty object with the presumption that the defendant 
has been licensed by the plain tiff to use that object under a license contract within a scope 
corresponding to the committed infringing act;  
c/ Where it is impossible to determine the level of compensation for material damage on the bases 
specified at Points a and b of this  Clause, such compensation level sh all be set by the court, depending 
on the damage extent, but must not exceed VND 500 million.  2. Where the plaintiff can prove that an act of infringing upon intellectual property rights has caused spiritual damage to him/her, he/she shall have the right to request the court to decide on the 
compensation level ranging from VND 5 million to VND 50 million, depending on the damage 
extent.  3. In addition to the damage compensation define d in Clauses 1 and 2 of this Article, industrial 
property right holders shall also have the right to  request the court to compel organizations or 
individuals that have committed acts of infringing upon industrial property ri ghts to pay reasonable 
costs of hiring attorneys. 
 
Article 206.-  Right to request the court to apply provisional urgent measures  
 1. Upon or after the initiation of a lawsuit, an inte llectual property right holder shall have the right to 
request the court to apply provisional measures in the following cases: 
 a/ There exists a danger of irreparable damage  to such intellectual property right holder; 
 b/ Goods suspected of infringing upon intellectual property rights or evidence related to the act of 
infringing upon industrial property rights are likel y to be dispersed or destroyed unless they are 
protected in time.  2. The court shall decide to apply provisional urgent  measures at the request of the industrial property 
right holder defined in Clause 1 of this Article befo re listening to the party subject to such measures. 
 
Article 207.-  Provisional urgent measures 
 1. The following provisional urgent measures shall be  applied to goods suspected of infringing upon 
intellectual property rights or to raw materials, ma terials or means of production or trading of such 
goods: 
 
a/ Seizure;  b/ Distraint;  IP/N/1/VNM/I/1 
Page 80  
 
  c/ Sealing; ban from alteration of original state; ban from movement; 
 d/ Ban from ownership transfer.  2. Other provisional urgent measures shall be applied according to the provisions of the Civil 
Procedure Code. 
 
Article 208.- Obligations of persons requesting the ap plication of provisional urgent measures 
 1. Persons requesting the applicati on of provisional urgent measures are obliged to prove their right to 
request provided for in Clause 1, Article 206 of th is Law with documents and evidence specified in 
Clause 2, Article 203 of this Law.  2. Persons requesting the application of provisional urgent measures are obliged to pay compensations 
for damage caused to persons subject to such me asures in cases where the latter are found having not 
infringed upon industrial property rights. To secure  the performance of this obligation, a person 
requesting the application of provisi onal urgent measures shall have to deposit a security in one of the 
following forms:  a/ A sum of money equal to 20% of the value of the goods subject to the application of provisional 
urgent measures, or at least VND 20 million where it is impossible to value such goods; 
 
b/ A guarantee deed issued by a bank or another credit institution. 
 
Article 209.-  Cancellation of the application of provisional urgent measures  
 
1. The court shall issue decisions on cancellation of  provisional urgent measures already applied in 
the cases specified in Clause 1, Article 122 of the Civil Procedure Code or in cases where the 
provisional urgent measure debtor can prove that th e application of provisional urgent measures is not 
well grounded .  2. In case of cancellation of a provisional urgent m easure, the court shall consider the refund to the 
person requesting the application of such provisiona l urgent measure of the security defined in 
Clause 2, Article 208 of this Law. Where a request for the application of a provisional urgent measure 
is not well grounded, thus causing damage to the pr ovisional urgent measure debtor, the court shall 
compel the requester to pay compensation for the damage. 
 
Article 210.-  Competence and procedures for application of provisional urgent measures 
Competence and procedures for application of prov isional urgent measures shall comply with the 
provisions of Chapter VIII, Part One of the Civil Procedure Code.   IP/N/1/VNM/I/1 
 Page 81 
 
 
  Chapter XVIII 
HANDLING OF INFRINGEMENTS OF IN TELLECTUAL PROPERTY RIGHTS WITH 
ADMINISTRATIVE AND CRIMINAL REMEDIES; CONTROL  OF INTELLECTUAL 
PROPERTY-RELATED IMPORTS AND/OR EXPORTS 
 
Section 1. HANDLING OF INFRINGEMENTS OF INTELLECTUAL PROPERTY RIGHTS WITH 
ADMINISTRATIVE AND CRIMINAL REMEDIES 
 
 Article 211.-  Acts of infringing upon industrial property rights which shall be administratively 
sanctioned  
 
1. The following acts of infringing upon industrial property rights shall be administratively sanctioned:  a/ Committing an act of infringing upon intellect ual property rights which causes damage to 
consumers or society; 
 b/ Failing to terminate an act of infringing upon intellectual property rights though the intellectual 
property right holder has issued a written noti ce requesting the termination of such act; 
 c/ Producing, importing, transporting or trading in  intellectual property counterfeit goods defined in 
Article 213 of this Law or assigning others to do so; 
 d/ Producing, importing, transporting or trading in articles bearing a mark or a geographical indication 
that is identical or confusingly similar to a pr otected mark or geographical indication or assigning 
others to do so. 
 
2. The Government shall specify acts of infringing upon intellectual property rights which shall be administratively sanctioned, sanctioning forms and levels, and procedures for sanctioning such acts. 
 3. Organizations and individuals that commit acts of unfair competition in intellectual property shall 
be sanctioned for administrative violations acco rding to the provisions of competition law. 
 
Article 212.-  Acts of infringing upon industrial property rights which shall be criminally handled 
 Individuals who commit acts of infringing upon intell ectual property rights involving elements which 
constitute a crime shall be examined for penal liab ility according to the provisions of criminal law. 
 
Article 213.- Intellectual property counterfeit goods  
 1. Intellectual property counterfeit goods referred to in this Law include goods bearing counterfeit 
marks and goods bearing counterfeit geographical indica tions (hereinafter referred to as counterfeit 
mark goods) defined in Clause 2 of this Article and pirated goods defined in Clause 3 of this Article. 
 
2. Counterfeit mark goods are goods or their packages bearing marks or signs which are identical with 
or indistinguishable from marks or geographical indications currently protected for those very goods without permission of mark owners or organi zations managing such geographical indications. 
 
3. Pirated goods are copies made without the permi ssion of copyright holders or related right holders. 
 IP/N/1/VNM/I/1 
Page 82  
 
  Article 214.-  Forms of  administrative sanctions and consequence 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 
subject to one of the following principal sanctions: 
 
a/ Caution;  b/ Monetary fine.  
2. Depending on the nature and seriousness of their infringements, intellectual property rights-
infringing organizations or individuals shall also  be subject to one of the following additional 
sanctions:   a/ Confiscation of intellectual property counterfe it goods, raw materials, materials and means used 
mainly for production or trading of su ch intellectual property counterfeit goods; 
 b/ Suspension of business activities in domains where infringements have been committed for a 
definite time.  3. In addition to the sanctions speci fied in Clauses 1 and 2 of this Article, intellectual property rights-
infringing organizations and individuals shall also  be subject to one or several 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 production or trading 
of such intellectual property counterfeit goods, provided  that such destruction, distribution or use does 
not affect the exploitation of rights by intellectual property right holders;  b/ Compelled transportation out of the Vietnamese territory of transit goods infringing upon intellectual property rights or compelled re-export of intellectual property counterfeit goods, as well 
as imported means, raw materials and materials u sed mainly for production or trading of such 
intellectual property counterfeit goods, after infri nging elements are removed from such goods. 
 4. The level of monetary fine specified at Point b, Cl ause 1 of this Article shall be set at least equal to 
the value of detected infringing goods but must not exceed five times such value.  
The Government shall specify method of de termination of value of infringing goods. 
 
Article 215.-  Preventive measures to secure th e administrative sanctioning   
 1. In the following cases, organizations and individu als shall have the right to request competent 
agencies to apply preventive measu res to secure the administrative san ctioning specified in Clause 2 
of this Article: 
 
a/ Acts of infringing upon intellectual property right s are likely to cause serious damage to consumers 
or society;  b/ Infringement material evidence is likely to be dispersed or infringing individuals or organizations 
show signs of shirking their liabilities; 
 c/ To secure the enforcement of decisions on sanctioning of administrative violations. 
  IP/N/1/VNM/I/1 
 Page 83 
 
 
  2. Preventive measures to secure the administrativ e sanctioning applied according to administrative 
procedures to acts of infringing upon intellectual property rights include:  a/ Temporary custody of persons;  
b/ Temporary custody of infringing go ods, material evidence and means; 
 c/ Body search;  d/ Search of means of transport and objects; search of places where infringing goods, material 
evidence and means are hidden; 
 e/ Other administrative preventive measures accord ing to the provisions of law on handling of 
administrative violations.  
Section 2. CONTROL OF INTELLECTUAL PROPERTY-RELATED IMPORTS AND/OR 
EXPORTS 
 
Article 216.-  Measures to control intellectual prope rty-related imports and/or exports 
 1. Measures to control intellectual prope rty-related imports and exports include: 
 
a/ Suspension of customs procedures for goods suspected of infringing upon intellectual property rights;  b/ Inspection and supervision to detect goods showing signs of intellectual property right 
infringement. 
 2. Suspension of customs procedures for goods suspected of infringing upon intellectual property rights means a measure taken at the request of inte llectual property right holders in order to collect 
information and evidence on goods lots in question so  that the intellectual property right holders can 
exercise the right to request the handling of infri nging acts and request the application of provisional 
urgent measures or preventive measures to  secure the administrative sanctioning. 
 3. Inspection and supervision to detect goods showing signs of infri ngement of intellectual property 
rights means a measure taken at the request of  inte llectual property right holders in order to collect 
information so that they can exercise the right to request the suspension of customs procedures. 
 
4. In the course of application of the measures sp ecified in Clauses 2 and 3 of this Article, if any 
intellectual property counterfeit goods are detected according to Article 213 of this Law, customs 
offices shall have the right and responsibility to apply administrative remedies to handle them 
according to the provisions of Article 214 and Article 215 of this Law. 
 
Article 217.-  Obligations of persons requesting the appli cation of measures to control intellectual 
property-related imports and/or exports  1. Persons requesting the applicati on of measure to control intellectua l property-related imports and/or 
exports shall have the following obligations: 
 
a/ To prove that they are intellectual property right holders by producing documents and evidence 
specified in Clause 2, Article 203 of this Law;  IP/N/1/VNM/I/1 
Page 84  
 
  b/ To supply information sufficient to identify goods suspected of infringing upon intellectual 
property rights or to detect goods showing signs  of intellectual property rights infringement; 
 c/ To file written requests to customs offices and pay fees and charges prescribed by law;  
d/ To pay damages and other expenses incurred to persons subject to control measures in cases where 
the controlled goods are found having not in fringed upon industrial property rights. 
 2. To secure the performance of the obligations specifi ed at Point d, Clause 1 of this Article, a person 
requesting the application of the measure of suspen sion of customs procedures shall have to deposit a 
security in one of the following forms: 
 a/ A sum of money equal to 20% of the value of  the goods lot subject to the application of the 
measure of suspension of customs procedures, or at least VND 20 million where it is impossible to value such goods lot; 
 
b/ A guarantee deed issued by a bank or another credit institution. 
 
 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 procedur es shall be 10 working days from the date of 
issuance of the suspension decision.  Where the customs procedure susp ension requester has justifiable 
reasons, this duration may be prolonged but must  not exceed 20 working days, provided that the 
requester deposits the 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 persons requesting the 
suspension of customs procedures do not initiate civ il lawsuits and customs offices do not decide to 
accept the cases for handling of administrative viola tions of the goods lot exporters or importers 
according to administrative procedures, customs o ffices shall have the following responsibilities: 
 a/ To continue carrying out customs procedures for such goods lots;  b/ To compel persons requesting the suspension of  customs procedures to compensate all the damage 
caused to the goods lot owners due to unreasona ble requests for the suspension of customs 
procedures, and to pay expenses for warehousing an d preservation of goods as well as other expenses 
incurred by customs offices and other related agenci es, organizations and indi viduals according to the 
provisions of law on customs;   c/ To refund to persons requesting the suspensi on of customs procedures the remaining security 
amount after the obligation of paying compensations a nd expenses specified at Point b of this Clause 
is fulfilled. 
 
Article 219.- Inspection and supervision to detect goods s howing signs of intellectual property right 
infringement  
 
Where an intellectual property right holder request s the inspection and supervision to detect goods 
showing signs of intellectual property right infringement, the customs office shall, when detecting such a goods lot, promptly notify the requester ther eof. Within three working days from the date of 
notification, if such requester does not request th e suspension of customs procedures with regard to  IP/N/1/VNM/I/1 
 Page 85 
 
 
  the detected goods lot and the customs office does not  decide to consider the application of the 
administrative remedies specified in Articles 214 and 215 of this Law, the customs office shall have to 
continue carrying out customs procedures for such goods lot. 
 
Part Six 
IMPLEMENTATION PROVISIONS 
 
 Article 220.- Transitional provisions  
 1. Copyright and related rights protected under the le gal documents effective be fore the effective date 
of this Law shall continue to be protected under this  Law if they remain in term of protection on 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 th is Law, shall continue to be 
processed according to the provisions of the legal doc uments effective at the time of filing of such 
applications.   3. All rights and obligations conf erred by protection titles granted according to the provisions of law 
effective before the effective date of this Law a nd procedures for maintenance, renewal, modification, 
licensing, ownership assignment, settlement of di sputes relating to these protection titles shall be 
subject to the provisions of this Law, except for the grounds for invalidation of protection titles which 
shall only be subject to the provisions of legal doc uments effective at the time of grant of such 
protection titles.  
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 th e protection of rights against industrial property-
related unfair competition shall continue  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, shall only be protected after their registration according 
to the provisions of this Law. 
 
Article 221.- Implementation effect  
 
This Law takes effect as from July 1, 2006.  
 
Article 222.- Implementation guidance 
 The Government and the Supreme People’s Court sh all detail and guide the implementation of this 
Law.  
This Law was passed on November 29, 2005, by the XI
th National Assembly of the Socialist Republic 
of Vietnam at its 8th session.  
 
Chairman of the National Assembly 
NGUYEN VAN AN 
__________