WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VNM/I/2 
8 February 2008 
 (08-0599) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
VIET NAM 
 The present document reproduces the text1 of Decree No. 105/2006/ND-CP of 
September 22, 2006, Detailing and Guiding the Implementation of a Number of Articles of the Law on Intellectual Property on Protection of Intellectual Property Rights and on State Management of 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 touc hent au commerce 
  
PRINCIPALES LOIS ET RÉGLEMEN TATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE  
DE L'ARTICLE 63:2 DE L'ACCORD 
 
VIET NAM 
 Le présent document contient le texte
1 du Décret n° 105/2006/ND-CP du 22 septembre 2006 
contenant des détails et des orientations pour la mise en  œuvre de certains articles de la Loi sur la propriété 
intellectuelle concernant la protection des droits de propriété intellectuelle et l'administration de la propriété intellectuelle par l'État, 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 del Decreto Nº 105/2006/ND-CP, de 22 de 
septiembre de 2006, que contiene disposiciones detalladas y directrices sobre la aplicación de varios 
artículos de la Ley de propiedad intelectual relativos a la protección de los derechos de propiedad intelectual y a la gestión estatal de la propiedad intelectual, notificado 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/2 
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  DECREE No. 105/2006/ND-CP OF SEPT EMBER 22, 2006, DETAILING AND 
GUIDING THE IMPLEMENTATION OF  A NUMBER OF ARTICLES OF THE 
LAW ON INTELLECTUAL PROPERTY ON  PROTECTION OF INTELLECTUAL 
PROPERTY RIGHTS AND ON STATE MANAGEMENT OF INTELLECTUAL 
PROPERTY 
 
THE GOVERNMENT 
 
Pursuant to the December 25, 2001 Law on Organization of the Government; 
 Pursuant to the November 11, 2005 Law on Intellectual Property;   At the proposal of the Minister of Science and Technology, 
 
DECREES: 
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1.-  Scope of regulation  
 This Decree details and guides a number of articl es of the Law on Intellectual Property on protection 
of intellectual property rights, including identificatio n of acts, nature and extent of infringement of 
intellectual property rights, identification of da mage, requests for handling of infringements and 
settlement of those requests, handling of infringement s by administrative measures, control of exports 
and imports related to intellectual property, assessmen t of intellectual property, and state management 
of intellectual property. 
 
Article 2.-  Subjects of application  
 
This Decree applies to Vietnamese organizations  and individuals and foreign organizations and 
individuals that have their intellectual property ri ghts protected or commit acts of infringement of 
intellectual property rights under the Law on Intellectual Property. 
 
Article 3.-  Interpretation of terms  
 
In this Decree, the terms below are construed as follows:  1. Act of infringement means an act of in fringement of intellectual property rights. 
 
2. Handling of an act of infringement means handling of an act of infringement of intellectual 
property rights.  3. Infringer means an organization or individual th at commits an act of infringement of intellectual 
property rights.  
4. Element means a product, a process or a part or a component of a product or a process. 
 5. Infringing element means an elemen t created from an act of infringement. 
  IP/N/1/VNM/I/2 
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  6. Examined act means an act that  is suspected to be an act of infringement and is examined to 
conclude whether it is an act of infringement or not.  7. Examined subject matter means a subject matte r that is suspected and examined to conclude 
whether it is an infringing object or not. 
 
8. Petition for handling of infringement means a writt en request for application of measures to handle 
an act of infringement. 
 
Article 4.-  Application of civil, administrative and criminal measures to protect intellectual property 
rights  
 Depending on their nature and severity, acts of infringement may be handled by civil, administrative or criminal measures in accordance with the provis ions of Part Five (Protection of Intellectual 
Property Rights) of the Law on Intellectua l Property and the following provisions: 
 
1. Civil measures are applied to handle acts of infringement at the request of intellectual property right holders, organizations or individuals that suffer from the damage caused by those acts, even when 
those acts have been or are being handled by administrative or criminal measures. 
The procedures for request for application of civil measures and the competence, order and 
procedures for application of civil measures shall comply with the provisions of law on civil 
procedures. 
 2. Administrative measures are applied to handle ac ts of infringement falling into one of the cases 
specified in Article 211 of the Law on Intellectual Property, at the request of intellectual property 
right holders, organizations or individuals that suffer from the damage caused by those acts, 
organizations or individuals that detect those acts, or when those acts are detected by competent 
bodies.  The sanctioning forms and levels, the competence a nd procedures for sanctioning acts of infringement 
and remedies shall comply with the provisions of the Law on Intellectual Property and the law on 
sanctioning of administrative violations in the dom ain of copyright and related rights, industrial 
property rights and rights to plant varieties. 
 3. Criminal measures are applied to handle acts of infringement that contain criminal elements in accordance with the provisions of the Penal Code.  
The competence, order and procedures for applicati on of criminal measures shall comply with the 
provisions of law on criminal procedures. 
 
Chapter II 
DETERMINATION OF ACTS, NATURE AND EXTENT OF INFRINGEMENT,  
DETERMINATION OF DAMAGE 
 
Section I.  BASES FOR DETERMINATION OF ACTS, NATURE AND EXTENT OF 
INFRINGEMENT 
 
Article 5.-  Determination of acts of infringement 
 
An examined act shall be regarded as an act of infringement of intell ectual property rights specified in 
Articles 28, 35, 126, 127, 129 and 188 of the Law on Intellectual Property when all the following bases exist:  IP/N/1/VNM/I/2 
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  1. The examined subject matter is a protected one. 
 2. The examined subject matter contains an infringing element.  3. The person that takes the examined act is ne ither the intellectual property right holder nor any 
person permitted by law or a competent agency under Articles 25, 26, 32, 33, Clauses 2 and 3 of 
Article 125, Article 133, Article 134, Clause 2 of Article 137, Articles 145, 190 and 195 of the Law 
on Intellectual Property.  4. The examined act takes place in Vietnam. 
An examined act that takes place in the Internet but is targeted at consumers or information users in 
Vietnam shall be regarded to take place in Vietnam. 
 
Article 6.-  Bases for determination of protected subject matters 
 
1. The determination of a protected subject matte r shall be based on the examination of documents 
and evidence proving the bases for emergence and estab lishment of the rights specified in Article 6 of 
the Law on Intellectual Property.  2. For intellectual property rights that have been registered with competent agencies, the protected 
subject matters shall be determined on the basis of  the registration certificates, protection titles and 
other documents accompanying such certificates and protection titles. 
 3. For copyright and rights of performers, right s of producers of phonograms or video recordings, 
rights of broadcasting organizations that are not regi stered with competent agencies, these rights shall 
be determined on the basis of the original exemplar  of the work, the first fixation of the performance, 
phonogram, video recording, broadcast and relevant documents, if any. 
 When the original exemplar of the work, the first fixation of the performance, phonogram, video recording, broadcast and relevant documents no longe r exist, copyright or rights of performers, of 
producers of phonograms or video recordings or of br oadcasting organizations sh all be deemed to be 
true on the basis of information that is usually  shown on lawfully published copies on authors, 
performers, producers of phonograms or video record ings or  broadcasting organizations and on the 
subject matters of copyright or related rights.  4. For trade names, the protected subject matters shall be determined on the basis of their using 
process and the sector and territory in  which such trade names are used. 
 
5. For business secrets, the protected subject matte rs shall be determined on the basis of documents 
expressing the contents and nature of the busines s secrets and explanations and descriptions of 
relevant measures to keep them secret.  6. For well-known marks, the protected subject matters shall be determined on the basis of documents 
and evidence expressing the reputation of the marks acco rding to the criteria defined in Article 75 of 
the Law on Intellectual Property. 
 
Article 7.-  Infringing elements of copyright and related rights 
 
1. An infringing element of copyright may take one of the following forms: 
 a/ Illegally made copy of a work;  b/ Illegally made derivative work;  IP/N/1/VNM/I/2 
 Page 5 
 
 
   
c/ Work with the forged name and signature of the author, impersonation of the author or 
appropriation of copyright;  d/ Illegally recited, duplicated or incorporated part of a work; 
 
e/ Product with an illegally deactivated technical device used for copyright protection. Products containing an infringing element defined in this Clause shall be regarded as copyright-infringing products.  
2. An infringing element of related rights may take one of the following forms: 
 a/ Illegally made first fixation of a performance;  b/ Illegally made copy of the fixation of a pe rformance, illegally made copy of a phonogram, video 
recording or broadcast; 
 c/ Illegally duplicated, extracted or incorporated part or whole of a fixed performance, a phonogram or video recording; illegally r eceived, decoded and distributed part or whole of a broadcast; 
 d/ Product with an illegally deactiv ated technical device used for related rights protection; the fixation 
of a performance from which related rights manageme nt information has been illegally disengaged or 
modified.  Products containing an infringing element defined in this Clause shall be regarded as related rights-
infringing products. 
 
3. The basis for determination of an infringing el ement of copyright shall be the scope of copyright 
protection determined according to the forms of e xpression of the original work. For determination of 
infringing elements of derivative wo rks, the basis shall be the char acters, images; ways of expression 
of characters’ personalities, images and circumstances of the original work. 
 
4. The basis for determining an infringing element of  related rights shall be the scope of related rights 
protection already determined according to the fo rms of expression of the first fixation of the 
performance, phonogram, video recording or broadcast.  5. In order to determine whether a copy or a wo rk (or the fixation of a performance, phonogram, video 
recording or broadcast) constitutes an infringing elem ent of copyright or related rights, it is required 
to compare the copy or work w ith the original exemplar of the work (the first fixation of a 
performance, phonogram, video recording or broadcast) or the original work.  A copy of a work or the fixation of a performance , phonogram, video recording or broadcast shall be 
regarded as an infringing element in the following cases: 
 
a/ The copy is a duplicate of part or the whole of a protected work, the first fixation of a protected performance, phonogram, video recording or broadcast of another person; 
 b/ The work (part of the work) is part or the w hole of a protected work,  the first fixation of a 
protected performance, phonogram, video record ing or broadcast of another person; 
 c/ The work or part of the work contains a character, image, way of expression of the personality of a 
character or image or circumstances of a protected work of another person.  IP/N/1/VNM/I/2 
Page 6  
 
  6. Products containing an infringing element define d at Points a and d, Clause 1, Points b and c, 
Clause 2 of this Article shall be regarded as pira ted goods under the provisions of Article 213 of the 
Law on Intellectual Property. 
 
Article 8.-  Infringing elements of inventions  
 
1. An infringing element of an invention may take one of the following forms:  a/ Product or part (component) of a product that is identical or similar to a product or part 
(component) of a product being protected as an invention; 
 
b/ Process that is identical or similar to  a process being protected as an invention; 
 c/ A product or part (component) of the product produ ced through a process that is identical or similar 
to a process being protected as an invention. 
 
2. The basis for determination of an infringing el ement of an invention is the scope of invention 
protection stated in the invention or utility solution patent. 
 
Article 9.-  Infringing elements of layout designs  of semiconductor  integrated circuits  
 
1. An infringing element of a layout design of a semiconductor integrated circuit may take one of the 
following forms:  a/ Layout design created through illegally copying a protected layout design;  
b/ Semiconductor integrated circuit illegally created according to a protected layout design; 
 c/ Product or part (component) of a product in whic h a semiconductor integrated circuit defined at 
Point b of this Clause is incorporated.  2. The basis for determination of an infringing element of a lay-out design of semiconductor 
integrated circuit is the scope of protection of right s to lay-out designs stated in the certificates of 
registration of the lay-out designs of semiconductor integrated circuits. 
 
Article 10.-  Infringing elements of industrial designs  
 
1. An infringing element of an industrial design is a product or part of a product of which the external 
appearance is insignificantly different from that of a protected industrial design.  2. The basis for determination of an infringing el ement of an industrial design is the scope of 
protection of the industrial design stated in the industrial design patent.  
3. A product or part of a product shall be regarded as an infringing element of an industrial design in 
the following cases:  a/ The examined product or part of the examined  product, even with an industrial design patent, 
contains a combination of design features that crea te an overall combination being a copy or in 
substance a copy (with virtually indistinguishable  difference) of a protected industrial design of 
another owner with the permission of such owner;   IP/N/1/VNM/I/2 
 Page 7 
 
 
  b/ The examined product or part of the examined product contains a combination of design features 
that create an overall combination being a copy or in substance a copy of the protected industrial 
design or at least one product within a set of products of another person. 
 4. The industrial design of a product (part of a product) shall only be regarded as insignificantly 
different from a protected one defined in Clause 1 of this Article when it is a copy or in substance a 
copy of the protected one. 
 
Article 11.-  Infringing elements of marks  
 
1. An infringing element of a mark is a sign affixed on goods, their packages, means of services, 
transaction documents, signboards, means of advertisi ng or other means of business that is identical or 
confusingly similar to the protected mark.  2. The basis for determination of an infringing elem ent of a mark is the scope of protection of the 
mark including the mark specimen and a list of goods and services in the mark registration certificate 
or the certificate of protection in Vietnam of internationally registered mark.  3. In order to determine whether a suspected sign is  an infringing element of a mark, it is required to 
compare such sign to the mark and at the same time  to compare goods or services bearing such sign to 
the protected products or services. An infringing el ement can only be confirmed if the following two 
conditions are fully met: 
 a/ The suspected sign is identical or confusingly si milar to the mark within the scope of protection; 
where a sign is regarded as identical to a protected mark if it has the same composition and method of 
presentation (including the colors); a sign is regarded  as confusingly similar to a protected mark if it 
has several features identical or similar to those of th e protected mark to such an extent that it is not 
easy to distinguish between them in terms of co mposition, the way of pronunciation, the way of 
phonetic transcription of signs, letters, meaning, the method of presentation and colors, thereby 
causing confusion to consumers in selecting goods or services bearing the mark;  b/ Goods or services bearing the suspected sign that is identical or similar in substance to, have a 
relationship in terms of functions  and utility with, and have the sam e distribution channel with, the 
protected goods or services.  4. For well-known marks, a suspected sign sha ll be regarded as an infringing element if: 
 
a/ The suspected sign meets the condition specifi ed at Point a, Clause 3 of this Article; 
 b/ Goods or services bearing the suspected sign meet  the condition specified at Point b, Clause 3 of 
this Article or goods or services are not identical, si milar or related to the goods or services bearing 
the well-known mark but are capable of misleading customers as to the origin of services or goods or create wrong impressions about the relationship betw een the producer or trader of such goods or 
services and the owner of the well-known mark. 
 5. When a product or service bears a sign that is identi cal to or is insignificantly different in terms of 
overall composition and method of presentation from the protected mark of a product or service of the 
same type within the scope of protection, it sha ll be regarded as a counterfeit mark goods as provided 
for in Article 213 of the Law on Intellectual Property. 
 IP/N/1/VNM/I/2 
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  Article 12.-  Infringing elements of geographical indications  
 1. An infringing element of a geographical indica tion is expressed in the form of a sign affixed on 
goods, their packages, means of ser vices, transaction documents, si gnboards, means of advertising 
and other means of business, which is identical or confusingly similar to th e protected geographical 
indication. 
 2. The basis for determination of an infringing elem ent of a geographical indication is the scope of 
protection of the geographical indication stated in the decision on registration of the geographical indication. 
 
3. In order to determine whether a suspected sign is an infringing element of a geographical 
indication, it is required to compare such sign to  the geographical indication and to compare products 
bearing such sign to products bearing the pr otected geographical indication on the bases: 
 
a/ The suspected sign is identical or confusingly si milar to the geographical indication under the scope 
of protection; where a sign is regarded as identical to a protected geographical indication if it has the same composition of words, including the way of pronunciation, the way of phonetic transcription of 
letters,  meaning, image and symbol within the sc ope of protection of the geographical indication; a 
sign is regarded as confusingly similar to a prot ected geographical indication if it is confusingly 
similar to the protected geographical indicatio n in terms of word composition, the way of 
pronunciation, the way of phonetic transcription of letters, meaning, image and symbol within the 
scope of protection of the geographical indication;  b/ Products bearing the suspected sign are identi cal or similar to those bearing the protected 
geographical indication, where a product is regarded as identical or similar if it is identical or similar 
in terms of substance, functions, utility a nd distribution channel to another product; 
 c/ For wine and spirits, apart from the provisions of Point a and Point b of this Clause, a sign that is 
identical to a protected geographical indication, incl uding its expression in the form of translation or 
phonetic transcription or accompanied by parts of speech , types, forms, adaptations or similar words 
that are used for products not originated from the geographical area bearing the protected 
geographical indication, shall also be regarded  as an infringing element of the rights to the 
geographical indication.  4. When a product bears a sign that is identical to or  is insignificantly different in terms of overall 
composition and the method of presentation from the protected geographical indication of a product 
of the same type within the scope of protection,  it shall be regarded as a counterfeit geographical 
indication goods as provided for in Article 213 of the Law on Intellectual Property. 
 
Article 13.-  Infringing elements of trade names  
 1. An infringing element of a trade name is expr essed in the form of a sign affixed on goods, their 
packages, means of services, transaction documents , signboards, means of advertising or other means 
of business that is identical or confusingly similar to the protected trade name.  2. The basis for determination of an infringing elemen t of a trade name is the scope of protection of 
the trade name that is determined on the basis of  evidence of the lawful use of the trade name, 
specifying the business owner, business establishmen t, business activities and products or services 
bearing the trade name.   IP/N/1/VNM/I/2 
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  3. In order to determine whether a suspected si gn is an infringing element of a trade name, it is 
required to compare the sign to the protected trad e name and to compare goods or services bearing 
this sign to the protected products or services on the following bases:  a/ The suspected sign is identical or confusingly si milar to the protected trade name; where a sign is 
regarded as identical to a protected trade name if it has the same composition, including the way of 
pronunciation, the way of phonetic transcription of lette rs; a sign is regarded as similar to a protected 
trade name if it similar in terms of composition, the way of pronunciation, the way of phonetic transcription of letters, thereby misleading c onsumers as to the business owner, business 
establishment or  business activities b earing the protected trade name; 
 
b/ Goods or services bearing the suspected sign sha ll be regarded as  identical or similar to those 
bearing the protected trade name if they are identi cal or similar in terms of substance, functions, 
utility and distribution channel. 
 
Article 14.-  Infringing elements of plant varieties  
 1. An infringing element of a plant variety may take one of the following forms:  a/ Use of a sapling or propagative material of a protected plant variety to commit acts specified in 
Clause 1, Article 186 of the Law on Intellectual Prope rty without the permission of the protection title 
holder; 
 b/ Use of a sapling or propagative material or an y plant variety specified in Clause 1 or Clause 2, 
Article 187 of the Law on Intellectual Property;  
c/ The process of producing plant varieties specified in Clause 3, Article 187 of the Law on 
Intellectual Property;  d/ Use of the name of a plant variety of the sam e species or a species close to the species of a 
protected plant variety that is identical or confus ingly similar to the name of the protected plant 
variety; 
 
e/ The provisions of Point a and Point b of this Cl ause shall also apply to harvested materials if the 
protection title holder has no reasonable conditions fo r exercising his/her rights to the propagation 
material of the same plant variety.  
2. Bases for determination of an infringing element of the rights to a plant variety: 
 a/ Written description of the plant variety, with the certification of a plant variety protection agency;  b/ Plant variety protection title. 
 
Article 15.-  Bases for determination of the natu re and extent of infringement  
 1. The nature of infringement provided in Clause 1,  Article 199 of the Law on Intellectual Property is 
determined on the following bases:  
a/ Circumstances and motive of infringement: uni ntentional infringement, in tentional infringement, 
infringement due to control or dependenc y, first-time infringement, recidivism; 
 IP/N/1/VNM/I/2 
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  b/ Manners of commission of acts of infringeme nt: isolated infringement, infringement in an 
organized manner, self-commission of acts of infringement, bribery, deception or compelling of other persons to commit acts of infringement.  2. The extent of infringement provided in Clause 1,  Article 199 of the Law on Intellectual Property is 
determined on the following bases: 
 a/ Scope of territory, time, volume and scale of commission of acts of infringements;  b/ Influence and consequences of acts of infringement. 
 
Section 2. DETERMINATION OF DAMAGE 
 
Article 16.-  Principles for determination of damage  
 
1. Damage as a result of intellectual property right  infringement provided in Article 204 of the Law on 
Intellectual Property is actual losses including both physical and spiritual losses directly caused to the 
intellectual property right holder by acts of intellectual property right infringement.  2. Actual losses shall be regarded as having been  occurred when all of the following bases exist: 
 
a/ The physical or spiritual benefit is real and belongs to the aggrieved person; 
 b/ The aggrieved person could achieve the bene fit referred to at Point a of this Clause; 
 c/ There is a decrease in or loss of the benefit of  the aggrieved person afte r the act of intellectual 
property right infringement is committed as compared to the possibility of achieving such benefit if 
such act of intellectual property right infringeme nt would not happen and it constitutes the direct 
cause of such decrease in or loss of the benefit.  3. The level of damage is determined in accordance  with the infringing elements of the intellectual 
property right subject matters. 
The determination of the level of damage is based  on the evidence of the damage furnished by the 
parties, including the assessment results and damage  declarations that clearly state the bases for 
determination and calculation of the level of damage. 
 
Article 17.-  Loss in property  
 
1. Losses in property are determined in accordance with  the level of decrease in or loss of the in-cash 
value of the protected intellectual property right subject matters.  2. The in-cash value of an intellectual property righ t subject matter referred to in Clause 1 of this 
Article is determined in acco rdance with the following bases: 
 
a/ The price of transfer of the ownership right or the price of assignment of the use right of the 
intellectual property right subject matter;  b/ The value of the business capital contributed in the form of intellectual property rights; 
 
c/ The ratio of the value of intellectual propert y rights to the total assets of an enterprise; 
 d/ The value of investment in the creation and deve lopment of the intellectual property right  subject 
matter, including marketing, research, advertisi ng and labor costs, taxes and other expenses.  IP/N/1/VNM/I/2 
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Article 18.-  Decrease in income, profits  
 1. The income, profits referred to at Point a, Clause 1 of Article 204 of the Law on Intellectual 
Property include the following: 
 
a/ The income, profits gained from directly using and exploiting the intellectual property right subject 
matter;  b/ The income, profits gained from leasing th e intellectual property right subject matter; 
 
c/ The income, profits gained from assigning the right to use the intellectual property right subject matter.  2. The level of decrease in income, prof its is determined on the following bases: 
 
a/ Direct comparison between the levels of actual income, profits before and after the acts of infringement are committed, applicable to each type of  income specified in Clause 1 of this Article; 
 b/ Comparison between the yields or volumes of  products, goods or services actually consumed or 
supplied before and after the acts of infringement are committed; 
 
c/ Comparison between actual sales price of the products, goods or services on the market before and 
after the acts of infringement are committed. 
 
Article 19.-  Losses in business opportunities  
 
1. Business opportunities specified at Point a, Cl ause 1 of Article 204 of the Law on Intellectual 
Property include the following:  a/ Actual possibility of directly using or exploiting the intellectual property right subject matter in the 
business course; 
 
b/ Actual possibility of leasing the intellectua l property right subject matter to other persons; 
 c/ Actual possibility of assigning the use right of or  transferring the intellect ual property right subject 
matter to other persons; 
 
d/ Loss of other business opportunities directly caused by the acts of infringement.  2. A loss in business opportunities means loss of the in -cash value of the income that the aggrieved 
person would have achieved in any of the cases referred to in Clause 1 of  this Article but fails to do so 
due to the acts of infringement.  
Article 20.-  Reasonable expenses for prevention and remedy of damage  
 Reasonable expenses for prevention and remedy of damage referred to at Point a, Clause 1, Article 204 of the Law on Intellectual Property includ e expenses for temporary custody, maintenance, 
storage of infringing goods, costs of implementa tion of provisional urgent  measures, reasonable 
expenses for hire of the assessment service, pr evention and remedy of consequences of acts of 
infringement, and cost of notification and corr ection in the mass media relating to acts of 
infringement.  
 IP/N/1/VNM/I/2 
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  Chapter III 
REQUEST FOR HANDLING OF INFRINGEMENTS AND SETTLEMENT THEREOF 
 
Article 21.-  Exercise of the right to self-protection 
 
1. Organizations and individuals shall exercise th e right to self-protection under the provisions of 
Article 198 of the Law on Intellectual Property and the specific provisions of this Article. 
 2. Technological measures provided at Point a, Clause 1, Article 198 of the Law on Intellectual Property include: 
 
a/ Displaying indicative information on the origin  of emergence, protection title, owner, scope and 
period of protection and other information on in tellectual property rights on products, means of 
services, the originals and copies of works, fixations of performances, phonograms, video recordings or broadcasts (collectively referred to as products in this Article) in order to inform that the products 
are protected intellectual property right subject ma tters and warn that they should not be infringed 
upon;  b/ Using technical means or measures to mark, identify, distinguish and protect the protected products.  
3. Intellectual property right holders shall request termination of acts of infringement specified at 
Point b, Clause 1, Article 198 of the Law on Inte llectual Property by sending written notices to the 
infringes. Such a written notice shall contain indi cative information on the origin of emergence, 
protection title, owner, scope and term of protection and fix a reasonable period of time for the 
infringer to terminate the act of infringement. 
 
4. Requests for competent state agen cies to handle acts of infringement provided at Point c, Clause 1, 
Article 198 of the Law on Intellectual Property shall comply with the provisions of Articles 22, 23, 24, 25, 26 and 27 of this Decree. 
 
Article 22.-  Petition for handling of infringement 
 
1. A petition for handling of infringement must contain the following major details:  a/ Date of the petition;  
b/ Name and address of the requester for handling of infringement; full name of the representative of 
the requester if such request is made by the representative;  c/ Name of the agency that receives the petition; 
 d/ Name and address of the infringer; name and a ddress of the suspected infringer in the case of 
request for temporary cessation of customs cleara nce for  exports or imports suspected of 
infringement;  e/ Name(s) and address(es) of organizations and indi viduals with related rights and interests (if any); 
 
f/ Name(s) and address(es) of the witness(es) (if any); 
 g/ Brief information about the infringed intellectual property rights: type of the right, bases for emergence of the right and its subject matter;   IP/N/1/VNM/I/2 
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  h/ Brief information about the act of infringemen t: date and place of occurrence of the infringement, 
brief description of the infringing product, acts of infringement and other information (if any). 
For a petition for temporary cessation of customs clearance for imports or exports suspected of infringement, it is required to contain additional info rmation on the mode of import or export, country 
of exportation, mode of packaging, the lawful impor ter or exporter, features of lawfully imported or 
exported goods for distinction from infringing go ods; risks of occurrence of circumstances when 
certain measures need to be applied to prevent in fringements and to secure the imposition of penalties, 
and other information (if any);  i/ Proposed measures to handle infringement; 
 
j/ A list of documents and evidence accompanying the petition;  k/ Signature of the petitioner with a seal (if any).  
2. A petition for handling of infringement must be accompanied with documents and evidence to 
prove the request. 
 
Article 23.-  Accompanying documents, evidence and exhibits  
 1. A requester for handling of infringement must  submit the petition together with the following 
documents, evidence and exhibits to prove the request: 
 a/ Evidence proving that the requester is the right holder, if the requester is the right holder or an 
assignee, heir or successor of the intellectual property rights;  
b/ Evidence proving the actual o ccurrence of the acts of infringem ent;  proving the suspicion of 
infringing imports or exports (for a petition for te mporary cessation of customs clearance for imports 
or exports suspected of infringement);  c/ Copy of the notice sent by the intellectual property right holder to the infringer, which allows a reasonable period of time for the infringer to term inate the acts of infringement, and evidence proving 
the infringer’s failure to terminate the acts of in fringement in the case of filing a petition for handling 
of infringement under the provisions of Point b, Clause 1, Article 211 of the Law on Intellectual Property;  d/ Evidence proving the damage caused by the infringing products to consumers or society, including 
food, foodstuffs, preventive and curative medicines, liv estock feeds, fertilizers, veterinary drugs, plant 
protection drugs, plant varieties and animal breeds that are harmful to the health of humans or animals 
or to the environment, in the case of filing a petitio n for handling of infringement under the provisions 
of Point a, Clause 1, Article 211 of the Law on Intellectual Property;  e/ Evidence and exhibits related to the intellect ual property counterfeit goods or products, parts of 
products, decals, labels, marks, goods packages, ma terials and means chiefly used for the production 
of intellectual property counte rfeit goods; documents proving the acts of assignment, ordering, 
production or trading of products, pa rts of products, decals, labels, marks, goods packages, materials 
and means used for the production of intellectua l property counterfeit goods in the case of filing a 
petition for handling of infringement under the provisi ons of Point c or d, Clause 1, Article 211 of the 
Law on Intellectual Property; 
 f/ Evidence proving the request for the application of measures to prevent infringement and to secure 
the imposition of penalties (in the case of concurrently  requesting the application of those measures). 
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  2. When a request for handling of infringement is  made through an authorized representative, the 
petition must be enclosed with the paper or contract  of authorization notarized by public notary or 
certified by the local administration; if it is ma de by a representative at law, the petition must be 
enclosed with a paper proving the representative-at-law status. 
 
Article 24.-  Evidence to prove the right holder status 
 The documents referred to in Clause 2, Article 203 the Law on Intellectual Property and specified in 
this Clause shall be regarded as eviden ce to prove the right holder status. 
 
1. For inventions, industrial designs, lay-out designs , marks, geographical indications, plant varieties, 
copyright, rights of performers, rights of producer s of phonograms or video recordings or rights of 
broadcasting organizations already registered, eviden ce to prove the right holder status may be one of 
the following two documents:  
a/ The original of the protection title for inven tions, industrial designs, layout design, marks or 
geographical indications; the original of the protection title for plant varieties; the original of a copyright/related right registration certificate or a copy thereof notarized by a public notary or 
certified by the original-issuing agency;  b/ An excerpt of the National Register of Industria l Property; an excerpt of the National Register of 
Copyright/Related Rights; an excerpt of the National Register of Rights to Plant Varieties, issued by 
the competent agencies that have re gistered those subject matters. 
 2. For an internationally registered mark, the evid ence to prove the right holder status shall be the 
original or the certificate of protection in Vietnam of such internationally registered mark issued by 
the state management agency in charge of indust rial property, a copy of the International Mark 
Official Gazette of the World Intellectual Prope rty Organization that is certified by the state 
management agency in charge of industrial property or a copy of or the certificate of protection in 
Vietnam of such internationally registered mark or  the Industrial Property Official Gazette that is 
notarized by public notary or certified by the stat e management agency in charge of industrial 
property. 
 
3. For other intellectual property rights subject matter s, evidence to prove the right holder status shall 
be any documents, exhibits or information used as the basis for emergence and establishment of the 
relevant right as provided in Clause 1, Clause 2, at Point b and Point c, Clause 3 of Article 6 of the Law on Intellectual Property and specified as follows: 
 
a/ For unregistered copyright, rights of perform ers, rights of producers of phonograms or video 
recordings or rights of broadcasting organizations: th e original or a copy of the work, fixation of the 
performance, phonogram, video recording, the br oadcast, the satellite signals carrying encoded 
programs together with other documents evidenci ng their creation, publication or dissemination of 
those subject matters and accompanying documents and evidence (if any); 
 
b/ For business secrets: a description of the contents, form of storage, method of protection and method of acquisition of the secret;  c/ For trade names: a description of the contents, mode of use and using process of the trade name; 
 
d/ For well-known marks: documents evidencing th e criteria of a well-known mark provided in 
Article 75 of the Law on Intellectual Property and e xplanations on the process of using a mark to 
make it well-known.   IP/N/1/VNM/I/2 
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  4. If the requester for handling of infringement is a transferee of the ownership of  the intellectual 
property right subject matter, a transferee of the ri ght to use the intellectual property right subject 
matter, a heir or successor of the intellectual pr operty right subject matter, in addition to those 
documents referred to in Clauses 1, 2 and 3 of this Article, the requester shall also produce the 
original or a valid copy of the contract for transfer of the ownership of the intellectual property right 
subject matter or for the use of the intellectua l property right subject matter or a document of 
certification of the inheritance or succession of the intellectual property right subject matter. When the 
transfer has been entered in the protection title or the certificate of registration of the contract for 
transfer of the ownership of the intellectual pr operty right subject matter or for the use of the 
intellectual property right subject matter, these documen ts shall be also regarded as evidence to prove 
the right holder status. 
 
Article 25.-  Evidence to prove infringements  
 1. The following documents and exhibits shall be  regarded as evidence to prove an infringement: 
 
a/ The original or a valid copy of the descriptiv e documents or specimen or related exhibit expressing 
the protected subject matter;  b/ The specimen, related exhibit, photos or  recorded images of the examined products; 
 
c/ The written explanation and comparison betwee n the examined products and protected subject 
matter;  d/ Minutes, testimonies and other documents evidencing acts of infringement.  
2. A list of the documents and exhibits referred to in Clause 1 of this Article must be made, certified 
with the signature of the requester. 
 
Article 26.-  Responsibilities of requesters fo r handling of infringement  
 1. A requester for handling of infringement shall ensu re and be held liable for the truthfulness of the 
information, documents and evidence that he/she supplied. 
 2. A requester for handling of infringement who takes advantage of the right to request for handling of 
infringement for other unhealthy purposes and thereb y causing damage to other organizations and 
individuals shall be liable for compensation.  
Article 27.-  Filing and settlement of petitions for handling of infringement  
 1. A petition for handling of infringement shall be  filed with agencies with competence to handle 
infringements defined in Article 200 of  the Law on Intellectual Property. 
 
2. Upon receiving a petition for handling of infringeme nt, if the petition-receiving agency finds that 
the petition falls within the settling competence of anot her agency, it shall either instruct the requester 
to file the petition with the agency with the se ttling competence or forward the petition to the agency 
with settling competence within ten days after the date of receipt of the petition.  
3. If a petition for handling of infringement lacks documents, evidence or exhibits as required, the 
infringement-handling agency shall request the re quester to submit supplementary documents and 
evidence and fix a reasonable time limit not exceed ing thirty days for the requester to do so. 
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  4. The infringement-handling agency shall reject a petition for handling of infringement and state the 
reason for rejection in the following cases:  a/ At the expiration of the fixed time limit referred  to in Clause 3 of this Article, the requester for 
handling of infringement fails to submit supplemen tary documents and evidence as requested by the 
infringement-handling agency; 
 b/ The statute of limitations for handling infringements as provided for by law has expired;  c/ The verification result of the infringement-hand ling agency or the police shows that there is no 
infringement as described in the petition; 
 d/ A competent agency’s document shows that there are insufficient grounds for handling the 
infringement.  
5. When there is a dispute over or complaint about the right holder, the possibility of protection or 
scope of protection of the intellectual property ri ghts, the agency that has received the petition for 
handling of infringement shall instruct the requester  to carry out procedures for requesting settlement 
of the dispute or complaint at a competent agency within ten days after the date on which the dispute 
arises. 
 
Chapter IV 
HANDLING OF INFRINGEMENTS BY ADMINISTRATIVE MEASURES 
 
Article 28.-  Determination of the value of infringing goods  
 
1. Infringing goods: 
 a/ Infringing goods provided in Clause 4, Article 214 of the Law on Intellectual Property are components (parts or details) of products that cont ain infringing elements, and can be circulated as 
independent goods (hereinafter referred to as infringing goods);  
b/ If it is impossible to detach the infringing elements as  independent product components as 
provided at Point a of this Clause, then the infri nging goods shall be the whole products that contain 
infringing elements.  2. The value of infringing goods specified in Clause 4, Article 214 of the Law on Intellectual Property 
shall be determined by the infringement-handling agency at the time of occurrence of the acts of 
infringement on the following bases that are arranged in the priority order as follows: 
 a/ The listed prices of the infringing goods;  b/ The actual selling prices of the infringing goods; 
 
c/ The cost of the infringing goods  (if not yet delivered for sale); 
 d/ The market prices of similar goods with th e same technical specifications and quality. 
 
3. The value of infringing goods shall be calculated e ither on the basis of components (parts, details) 
of the infringing products referred to at Point a, Clau se 1 of this Article or on the value of the whole 
of the infringing products referred to at Point b, Clause 1 of this Article.   IP/N/1/VNM/I/2 
 Page 17 
 
 
  4. When the application of the bases specified in Clause 2 of this Article is inappropriate or the 
infringement-handling agency and the finance agen cy of the same level cannot reach agreement on 
the determination of the value of the infringing g oods, the valuation of these goods shall be decided 
by the council for determination of the value of infringing goods.  
The establishment, composition and working principl es of the council for determination of the value 
of infringing goods shall comply with the provisions of law. 
 
Article 29.-  Disposal of infringing goods  
 
1. For intellectual property counterfeit goods, raw mate rials, materials and implements mainly used 
for producing or trading such goods, the infringe ment-handling agency may apply one of the 
following measures:  a/ Confiscation for distribution or use for non-co mmercial purposes in accordance with Article 30 of 
this Decree; 
 b/ Confiscation for destruction under Article 31 of this Decree; 
 c/ Compelling goods owners, transporters or storers to remove  infringing elements and deliver out of 
the Vietnamese territory transit goods being goods with counterfeit marks, or to re-export imported 
goods being goods with counterfeit marks, being raw ma terials, materials and means mainly used for 
producing goods with counterfeit marks; if it is im possible to remove the infringing elements, then 
appropriate measures specified in Clause 4 of this Article may be applied.  For imported goods with counterfeit geographical indica tions or imported raw materials, materials and 
means mainly used for producing or trading good s with counterfeit geographical indications or 
illegally copied goods, the infri ngement-handling agency may apply the measure of compelling 
removal of infringing elements and appropriate me asures specified in Clause 4 of this Article on a 
case-by-case basis.  2. For infringing goods that are not intellectual pr operty counterfeit goods or materials, raw materials 
and means mainly used for producing or trading su ch goods, the infringement-handling agency shall 
apply measures to compel the goods owner, trans porter or storer of those goods to remove the 
infringing elements from the goods, then apply appr opriate measures specified in Clause 4 of this 
Article.  
For imported infringing goods that are not intellect ual property counterfeit goods or materials, raw 
materials and means mainly used to produce or tr ade in such goods, the infringement-handling agency 
shall apply appropriate measures specified at Point c, Clause 1 of this Article. 
 3. Materials, raw materials and means that have  the sole function of creating or commercially 
exploiting intellectual property counterfeit goods, infri nging goods or are actually used only for that 
purpose shall be regarded as materi als, raw materials and means mainly used for producing or trading 
intellectual property counte rfeit goods or infringing goods. 
 4. On a case-by-case basis, the infringement-handling agency shall decide to apply measures specified 
at Point a, Point b, Clause 1 of this Article or other appropriate measures as it deems appropriate. In 
the process of issuing a decision to handle infri ngement, the infringement-handling agency may 
consider the related parties’ proposals regarding the handling of infringement. 
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  Article 30. -  Compelled distribution or use for non-commercial purposes  
 1. The compelled distribution or use of intellect ual property counterfeit goods or infringing goods for 
non-commercial purposes must satisfy the following conditions:  
a/ The goods are useable; 
 b/ Infringing elements have been removed from the goods;  c/ Such distribution or use is for non-commerc ial purposes and does not unreasonably affect the 
normal exercise of the rights of the intellectual pr operty right holder, where the purposes of humanity, 
charity and public interest shall be prioritized;  d/ Persons to whom goods are distributed or deliv ered for use are not potential customers of the 
intellectual property right holder. 
 
2. The provisions of Clause 1 of this Article shall also apply to raw materials, materials and means for 
producing and trading intellectual property counterfeit goods or infringing goods. 
 
Article 31.-  Compelled destruction  
 
The measure of compelled destruction of intell ectual property counterfeit goods, infringing goods and 
raw materials, materials and means mainly used  for producing and trading those goods shall be 
applied when all the conditions for application of the measure of compelled distribution or use of 
goods and materials for non-commercial purposes provided in Article 30 of this Decree are not fully met.  
Article 32.-  Confiscation  
 The measure of confiscation of intellectual prope rty counterfeit goods, raw materials, materials and 
means mainly used for producing and trading tho se goods shall be applied in the following cases: 
 
1. In an emergency case in order to ensure that evid ence is not destroyed, dispersed or altered or to 
prevent the possible commission of further acts of infringement.  2. The infringing organization or individual has no capability or condition to remove infringing 
elements from the goods or intentionally fails to co mply with the request for removal of infringing 
elements from the goods or fails to take other me asures as prescribed by the infringement-handling 
agency.  3. The goods are of unknown orig in or belong to unknown owner while there are sufficient bases for 
determining that they are inte llectual property counterfeit goods. 
 
Article 33.-  Other administrative remedies and sanctioning competence and procedures 
 Other forms of administrative sanction and remedi es, the competence and procedures for sanctioning 
acts of infringement shall be applied under the pr ovisions of law on sanctioning of administrative 
violations in the domains of copyright and related rights, industrial property rights and rights to plant 
varieties. 
  IP/N/1/VNM/I/2 
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  Chapter V 
CONTROL OVER INTELLECTUAL PROPER TY-RELATED IMPORTS AND EXPORTS 
 
Article 34.-  Right to request control over intellect ual property-related imports and exports 
 
Intellectual property right holders may either dir ectly or through their representatives files a petition 
for control or supervision for the purpose of de tecting imports or expor ts containing signs of 
intellectual property right infringement or a petiti on for temporary cessation of customs clearance for 
imports or exports suspected of in tellectual property right infringement. 
 
Article 35.-  Customs offices competent to receive petitions 
 1. District customs departments shall have the pow er to receive petitions for checking or supervision 
or temporary cessation of customs clearance at the border gates under their management.  
2. Provincial/municipal customs departments shall ha ve the power to receive petitions for checking or 
supervision or temporary cessation of customs clea rance at the border gates under their management. 
 3. The General Department of Customs shall have  the power to receive petitions for checking or 
supervision or temporary cessation of customs clearance at the border gates under the management of two and more provincial/muni cipal customs departments. 
 
4. In the cases specified in Clauses 2 and 3 of this Article, intellectual property right holders may also 
file their petitions at each district or provincial customs department. 
 
Article 36.-   Procedures for processing petitions 
 
1. Within thirty days after the date of receipt of  a petition for checking or supervision of imports or 
exports, or within twenty-four working hours after the receipt of a petition for temporary cessation of 
customs clearance, the customs office shall be responsible for considering and issuing a notice on 
acceptance of the petition, if the petitioner has performed  the obligations provided at Points a, b, c, 
Clauses 1 and 2, Article 217 of the Law on Intellectual Property. In case of rejection, the customs 
office shall reply in writing to the petitioner, clearly stating the reasons therefor. 
 2. When the General Department of Customs acc epts a petition, it shall forward the petition and 
instruct relevant provincial/municipa l customs departments for settlement. 
When a provincial/municipal customs department ac cepts a petition, it shall forward the petition and 
instruct relevant district customs departments for settlement. 
District customs departments shall be responsible  for checking and supervising to find out goods 
suspected of infringement or deciding on temporar y cessation of customs clearance on the basis of the 
petitions for temporary cessation of customs clearance and instructions of the General Department of 
Customs or provincial/municipal customs departments. 
 
Article 37.-  Disposal of goods suspected of infringement 
 1. In case the goods suspected of intellectual propert y right infringement are found, at the request of 
the intellectual property right holder or in exerci sing the power to impose administrative sanctions, the 
customs office shall issue a decision to temporar ily cease customs clearance, and notify the temporary 
cessation of customs clearance to the intellectual property right holder and the goods owner, stating 
the names, addresses, facsimile numbers and telephone  numbers of the concerned parties, the reason 
for and the duration of the temporary cessation.  IP/N/1/VNM/I/2 
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  2. The customs office shall continue customs cleara nce for the goods shipment in question according 
to the provisions of Clause 3, Article 218 of Law on the Intellectual Property and in the following cases:  a/ Upon cancellation or revocation of the decision on temporary cessation of customs clearance under 
a decision on the settlement of the complaint or denunciation; 
 b/ Upon withdrawal by the requester of the petiti on for temporary cessation of customs clearance. 
 
Article 38.-  Procedures for controlling intellectual pr operty-related   imports and exports 
The procedures for controlling intellectual property-re lated imports and exports shall comply with the 
provisions of this Decree and rele vant provisions of law on customs. 
 
Chapter VI 
INTELLECTUAL PROPERTY ASSESSMENT 
 
Article 39.-   Contents and areas of intellectual property assessment 
 1. Intellectual property assessment covers the following contents: 
 a/ Determination of the legal status and protectabilit y of the intellectual property right subject matter; 
the scope of intellectual property right protection; 
 b/ Determination of evidence for calculation of the level of damage;  c/ Determination of infringing elements, infringin g products/services, the element serving as a basis 
for determination of the value of the protected inte llectual property right subject matter, the infringing 
objects;  d/ Determination of the ability to prove the inte llectual property right holder status, infringement, 
infringing goods or the ability to prove to the contra ry of documents and evidence used in the dispute 
or infringement; 
 
e/ Other circumstances of the case that need to be clarified.  2. Intellectual property assessment shall cover the following areas: 
 
a/ Assessment of copyright and related rights; 
 b/ Assessment of industrial property rights;  c/ Assessment of the rights to plant varieties. 
 
Article 40.-   Competence to solicit and the right to request intellectual property assessment  
 1. The agencies with competence to solicit in tellectual property assessment are agencies with 
competence to settle disputes, handle infringements and settle intellectual property-related complaints 
and denunciations as defined in Article 2 00 of the Law on Intellectual Property. 
 
2. The following organizations a nd individuals are entitled to reque st intellectual property assessment: 
 a/ Intellectual property right holders;   IP/N/1/VNM/I/2 
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  b/ Organizations and individuals subject to a request for handling of acts of infringement or 
intellectual property-related complaint or denunciation; 
 c/ Other organizations and individuals with relate d rights and interests in an intellectual property-
related dispute, infringement , complaint or denunciation. 
 
3. Organizations and individuals entitled to request assessment as defined in Clause 2 of this Article 
may directly request or authorize other organizatio ns or individuals to request intellectual property 
assessment organizations or intellectua l property assessors to conduct assessment. 
 
Article 41.-  Rights and obligations of persons soliciting or requesting intellectual property assessment 
 1. Persons soliciting or requesting inte llectual property assessment are entitled to: 
 a/ Request the assessment organization or assessor to  make assessment conclusions according to the 
contents and within the time limit as requested; 
 b/ Request the assessment organization or assessor to explain assessment conclusions;  c/ Request additional assessment or re-assessment unde r the provisions of Article 50 of this Decree; 
 
d/ Agree on the assessment charges in  the case of request for assessment. 
 2.  Persons soliciting or requesting inte llectual property assessment are obliged to: 
 a/ Supply fully and honestly documents, evidence and information relating to the assessed subject 
matter at the request of the assessment organization or assessor; 
 b/ Clearly and specifically present issues of which assessment is solicited or requested;  c/ Pay the assessment charges as agreed upon; make  advance payment of assessment charges at the 
request of the assessment organization or assessor; 
 
d/ Receive back the assessed subject matter at the request of the assessment organization or assessor. 
 
Article 42.-   Intellectual property assessment organizations 
 
1. Intellectual property assessment organizations  are organizations meeting all conditions for 
conducting intellectual property assessment.  2. Conditions for establishing an assessment organization:  a/ Having at least two members who have intellectual property assessor’s cards; 
 
b/ Meeting other conditions under relevant provisions of law. 
 3. Conditions for an assessment organization to conduct intellectual property assessment: 
 
a/ Meeting all conditions specified at Point a, Clause 2 of this Article; 
 b/ Having a certificate of registration of scientific and technological activity and a certificate of registration of the assessment business or practice according to current law;  IP/N/1/VNM/I/2 
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  c/ An assessment organization may practice assessment  only in the area in which it has registered its 
activity and assessment business. 
 
Article 43.-  Rights and obligations of intellect ual property assessment organizations 
 
1. In assessment activities, intellectual property a ssessment organizations sh all have the rights and 
obligations provided in Clause 4, Article 44 of th is Decree; be responsible for ensuring necessary 
conditions for intellectual property assessors to dischar ge their rights and oblig ations; and be liable for 
assessment conclusions if  the assessment is conducted in their names. 
 
2. Intellectual property assessment organizations shal l be responsible for taking part in the following 
activities:  a/ Scientific research into intellectual property assessment;  
b/ Training assessors and fostering professi onal skills in intellectual property assessment. 
 
Article 44.-  Intellectual property assessors 
 1. Intellectual property assessors are those who have  adequate knowledge and professional skills to 
assess and conclude on issues related to the contents  of assessment and are recognized by competent 
state agencies under the provisions of Clause 5 of this Article. 
 Intellectual property assessors may operate independen tly or as a member of an intellectual property 
assessment organization.  
2. The Ministry of Science and Technology, the Ministry of Culture and Information and the Ministry 
of Agriculture and Rural Development shall, accord ing to their assigned areas of state management of 
intellectual property, coordinate with the Ministry  of Education and Training and the Ministry of 
Justice in issuing specific regulations on the programs on professional training in each area of assessment under their respective management.  
3. Those who fully meet the following conditions sh all be recognized and granted intellectual property 
assessor’s cards:  a/ Having a university degree in the area of assessment;  
b/ Possessing good moral qualities; 
 c/ Having full civil act capacity;  d/ Having passed a professional exam of knowledge about intellectual property law, scientific and 
technical capability, professional skills and experien ce for performing assessment of contents related 
to industrial property rights, copyright, related rights and rights to plant varieties. 
 The Ministry of Science and Technology, the Ministry of Culture and Information and the Ministry of Agriculture and Rural Development shall stipulate the contents of examination referred to at this Point 
in the areas under their assigned management; guide  and organize those exams and grant certificates 
of professional eligibility for work ing as intellectual property assessors. 
 4. Intellectual property assessors shall have  the following rights and obligations: 
  IP/N/1/VNM/I/2 
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  a/ To perform assessment when solicited or reque sted; to perform assessment according to the 
contents of assessment as solicited or requested, and according to the time requirement on assessment; when it is necessary to have more time for assessment,  to promptly report it to the person who solicits 
or requests such assessment;  
b/ To refuse to perform assessment when the s ubject matters of assessment  or documents are 
insufficient or are irrelevant to make assessment c onclusions, or when they have rights or benefits 
relating to the subject matters of assessment or the cases in which assessment is required or where there exist other reasons that may influence the objectiveness of assessment conclusions while they 
also act as representatives to protect the interests of  one of the parties involved in the case in which 
assessment is required; 
 c/ To request agencies, organizations to supply doc uments, exhibits and info rmation relating to the 
subject matters of assessment;  
d/ To select the necessary and appropriate method for ass essment; to use  test results or conclusions of 
professionals or comments of experts in service of assessment;  e/ To prepare assessment dossiers, to be present as required in the writ of summon of the assessment-
soliciting agency; to explain the assessme nt conclusions if so requested; 
 
f/ To preserve the exhibits and documents rela ting to the assessment; to keep confidential all 
assessment results and information and documents for assessment;  g/ To independently make and be r esponsible for assessment conclusions; 
 
h/ To compensate for damage when intentiona lly making false assessment conclusions, causing 
damage to concerned indi viduals and organizations; 
 i/ To comply with the regulations on the order and procedures for assessment and to discharge other 
rights and obligations provided for by law.  
5. The Ministry of Culture and Information, the Mi nistry of Science and Technology and the Ministry 
of Agriculture and Rural Development shall stipul ate the procedures for recognition of intellectual 
property assessors, grant and withdrawal of intell ectual property assessor’s cards; and publish lists of 
intellectual property assessors in the areas unde r their respective management corresponding to 
copyright and related rights, industrial prope rty rights and rights to plant varieties. 
 
Article 45.-  Solicitation of assessment 
 1. Any solicitation of assessment must be made in writing.  2. A document on solicitation of assessment mu st have the following principal contents: 
 
a/ Name and address of the agency soliciting asse ssment; name and position of the person competent 
to solicit assessment;  b/ Name and address of the assessment organization or the assessor; 
 
c/ Subject matter and details that need to be assessed;  d/ Relevant evidence, documents and exhibits;  IP/N/1/VNM/I/2 
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  e/ The time limit for notifying the assessment conclusions. 
 
Article 46.-   Assessment request  
 1. A request for assessment must be made in the fo rm of an assessment service contract between the 
person requesting assessment and an assessment organization or an assessor. 
 2. An assessment service contract must contain the following principal details:  a/ Name and address of the organizati on or individual requesting  assessment; 
 
b/ Name and address of the assessment organization or the assessor;  c/ Contents of the assessment request;  
d/ Relevant evidence, documents and exhibits; 
 e/ Time limit for notifying assessment conclusions;  f/ Rights and obligations of the parties;  
g/ Liabilities for breach of the contract. 
 
Article 47.-  Delivery, receipt and return of objects for intellectual property assessment 
 Where the assessment solicitation or request is en closed with an assessment object, the handing, 
receipt and return of the object must be recorded in writing. Such a record must have the following 
principal details:  1. Time and place of delivery, receipt and return of the assessment object;  2. Names and addresses of the deliverer and recipient of the assessment object or of their 
representatives; 
 3. Name of the assessment objec t; related documents or items. 
 4. Conditions and method of preservation of the asse ssment object upon delivery, receipt and return. 
 
5. Signatures of the deliverer and recipient of the assessment object. 
 
Article 48.-  Taking of samples for intellectual property assessment 
 1. The assessment organization or assessor may directly take samples for assessment (particular 
exhibits that are infringing elements or intellectua l property subject matters) or request the assessment 
solicitor or requester to supply samples for assessme nt. The taking of samples for assessment must be 
recorded in writing to the witness of the involved pa rties who shall sign this record for certification. 
 2. The delivery, receipt and return of assessment samples shall comply with the provisions of 
Article 47 of this Decree. 
  IP/N/1/VNM/I/2 
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  Article 49.-  Performance of intellectual property assessment 
 1. Intellectual property assessment may be performed  by one or several intellectual property assessors. 
Individual assessment means assessment performed  by a single assessor. Collective assessment means 
assessment performed by two or more assessors. 
 
2. In case of individual assessment, the assessors shall perform the whole of the assessment and be responsible for their assessment conclusions. In case of collective assessment of  issues in the same 
professional area, the assessors shall jointly pe rform the assessment, sign the common assessment 
conclusion document and be jointly responsible for assessment conclusions ; if the assessors hold 
different opinions, each assessor shall write his/her own opinion in the common assessment 
conclusion document and be responsible for that opi nion. In case of collective assessment of issues in 
different professional areas, each assessor shall perfo rm his/her assessment job and be responsible for 
his/her assessment conclusion. 
 
Article 50.-  Additional assessment, re-assessment 
 1. Additional assessment shall be performed when  the assessment conclusion is insufficient and 
unclear regarding the contents that need assessment or when new circumstances arise and need to be 
made clear. The request for additional assessment and the performance of additional assessment shall 
comply with the provisions applicable to first-time assessment. 
 
2. Re-assessment shall be performed when the ass essment solicitor or requester disagrees with the 
assessment result or when exist contradictory assess ment results on the same assessed issue. The re-
assessment may be performed by the assessment organization or assessor that has performed the previous assessment or by another assessment organization or assessor as requested by the assessment 
solicitor or requester. 
 3. If the first-time assessment conclusion is contra dictory to the re-assessment conclusion on the same 
assessed issue, it is possible to further request  or solicit re-assessment by another assessment 
organization or assessor. 
 
Article 51.-  Written assessment conclusions  
 1. Written assessment conclusion shall be consid ered as evidence used for handling the case. 
 2. A written assessment conclusion must c ontain the following principal contents: 
 
a/ Name and address of the assessment organization or assessor;  b/ Name and address of the agency soliciting assessme nt or the organization or individual requesting 
assessment;  
c/ Object,  contents and scope of assessment; 
 d/ Mode of assessment;  e/ Assessment conclusions; 
 
f/ Time and place of performance and completion of the assessment.  3. A written assessment conclusion must be signe d by the assessor(s) performing the assessment. 
When the assessment is pe rformed by an assessment organizati on, the written assessment conclusion IP/N/1/VNM/I/2 
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  must also be signed by the head of the assessme nt organization and affixed with the seal of the 
assessment organization. 
 
Article 52.-  Prohibited acts in the performance of assessment 
In the performance of assessment, the following acts are prohibited: 
 
1. Accepting and performing assessment in the cases in which assessment must be refused according to regulations.  2. Intentionally making false assessment conclusions. 
 
3. Disclosing confidential information known in th e course of assessment without permission of the 
involved parties.  4. Taking advantage of the assessment status and assessment activities for self-seeking purposes. 
 
Article 53.-  Assessment charges 
 Charges for intellectual property assessment upon solicita tion shall comply with the provisions of law 
on charges and fees.  
Charges for intellectual property assessment upon service request shall be agreed upon by the 
involved parties. 
 
Chapter VII 
STATE MANAGEMENT OF INTELLECTUAL PROPERTY 
 
Article 54.-  Principle of unified state management of intellectual property 
 The performance of the state management of in tellectual property provided in Article 10 and 
Article 11 of the Law on Intellectual Property sha ll be based on the principle of uniformity of 
objectives, contents and measures under the general direction of the Government, clear division of 
responsibilities and close coordination among minist ries, ministerial-level agencies, government-
attached agencies and People’s Committees at all levels. 
 
Article 55.-   Responsibilities of the Ministry of Science and Technology  
 
1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate 
with the Ministry of Culture and Information, the Ministry of Agriculture and Rural Development and 
other ministries, ministerial-level agencies, gove rnment-attached agencies and People’s Committees 
at all levels in, carrying out the following gene ral activities in order to secure unified state 
management of intellectual property:  
a/ Formulating, promulgating or submitting to comp etent authorities for promulgation, and organizing 
the implementation of, strategies, policies and gene ral legal documents on in tellectual property right 
protection and this Decree;  b/ Monitoring, urging and supervising the performance of the tasks by ministries, ministerial-level 
agencies, government-attached agencies and People’ s Committees at all levels, which are assigned by 
the National Assembly and the Government, in acc ordance with the provisions of Article 10 and 
Article 11 of the Law on Intellectual Property, and this Decree;   IP/N/1/VNM/I/2 
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  c/ Summing up, evaluating and reporting to the Go vernment on intellectual property right protection 
activities, and making proposals on specific policies and measures to improve the effectiveness of intellectual property system and secure the unified  state management of intellectual property; 
 d/ Formulating, and directing the implementati on of, general programs a nd schemes on intellectual 
property right protection, measures of coordination among competent state agencies in the domain of 
intellectual property right protection;  e/ Negotiating, concluding, acceding to and organi zing the implementation of,  general treaties on 
intellectual property; proposing the settlement of na tional intellectual property-related disputes in the 
domain of international relations. 
 2. Apart from the prime responsibility for performing general activities specified in Clause 1 of this 
Article, the Ministry of Science and Technolog y shall have the following responsibilities: 
 
a/ Directly performing the function of state ma nagement of industrial property and securing the 
consistency of industrial property policies, strategies and legal doc uments with general policies, 
strategies and legal documents  on intellectual property; 
 b/ Performing other tasks assigned by the Government. 
 
Article 56.-  Responsibilities of the Ministry of Culture and Information  
 The Ministry of Culture and Information shall coordinate with the Ministry of Science and 
Technology in performing the tasks specified in Clause 1, Article 55 of this Decree and perform the following specific tasks: 
 
a/ Directly performing the function of state manage ment of copyright and related rights, securing the 
consistency of policies, strategi es and legal documents on copyright and related rights with general 
policies, strategies and legal documents on intellectua l property; regularly or irregularly reporting to 
the Ministry of Science and Technology on the st ate management and protection of intellectual 
property rights for coordination in handling emerging issues, sum-up and report to the Prime Minister. 
 
b/ Performing other tasks assigned by the Government. 
 
Article 57.-  Responsibilities of the Ministry of Agriculture and Rural Development  
 
The Ministry of Agriculture and Rural Development sh all coordinate with the Ministry of Science and 
Technology in performing the tasks specified in Clause 1, Article 55 of this Decree and perform the following specific tasks:  1. Directly performing the function of state management of rights to plant varieties, securing the consistency of policies, strategies and legal docum ents on rights to plant varieties with general 
policies, strategies and legal documents on intellectua l property; regularly or irregularly reporting to 
the Ministry of Science and Technology on the st ate management and protection of intellectual 
property rights for coordination in handling emerging issues, sum-up and report to the Prime Minister.  2. Performing other tasks assigned by the Government.  
 IP/N/1/VNM/I/2 
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  Article 58.-  Responsibilities of other ministries, minist erial-level agencies,  government-attached 
agencies and People’s Committees at all levels  
 Ministries, ministerial-level agencies, governme nt-attached agencies and People’s Committees at all 
levels shall, within the scope of their respective f unctions and tasks, coordinate with the Ministry of 
Science and Technology, the Ministry of Culture and Information and the Ministry of Agriculture and 
Rural Development in performing the following specific tasks:  1. Performing the tasks specified in Clause 1, Article 55 of this Decree and directly performing 
specific tasks assigned by the Government and the National Steering Committee for Intellectual 
Property. 
 2. Securing the implementation of policies and law on intellectual property in their localities in accordance with the Law on Intellectua l Property and its guiding documents. 
 
3. Regularly or irregularly reporting to the Ministry of Science and Technology on the state 
management and protection of intellectual propert y rights for coordination in handling emerging 
issues, sum-up and report to the Prime Minister. 
 
Article 59.-  The National Steering Committee for Intellectual Property 
 
The Prime Minister shall decide to set up the National Steering Committee for Intellectual Property 
and define specific duties and powers of this Committee  
 
Article 60.-  Coordination regime  
 
1. The Ministry of Science and Technology shall assume the prime responsibility for, and coordinate 
with the Ministry of Culture and Information, the Ministry of Agriculture and Rural Development and 
concerned agencies in, performing the state manageme nt of, protecting, supervising, inspecting and 
handling infringements of intellectual property rights.  2. State management agencies in charge of intelle ctual property shall fully and promptly reply to 
requests of agencies with competence to handle infringements of intellectual property rights. 
 3.  State management agencies in charge of inte llectual property shall, upon request, participate in 
inspection or supervision teams to as sist inspection and supervision work. 
 
4. Concerned ministries shall report on the protecti on of intellectual property rights on an annual basis 
or upon request to the National Steering Committee for Intellectual Property, or upon international 
request. 
 
Chapter VIII 
IMPLEMENTATION PROVISIONS 
 
Article 61.-  Transition provisions 
 1. This Decree’s provisions on inve ntions also apply to utility solutions protected under the 1995 Civil 
Code and the Government’s Decree No. 63/CP of Oc tober 24, 1996, stipula ting in detail industrial 
property, which was amended under Decree No. 06/2001/ND-CP of February 1, 2001. 
 2. This Decree’s provisions on geographical indica tions also apply to goods origin appellations 
protected under the 1995 Civil Code and the Gove rnment’s Decree No. 63/CP of October 24, 1996,  IP/N/1/VNM/I/2 
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  stipulating in detail industrial property, whic h was amended under Decree No. 06/2001/ND-CP of 
February 1, 2001.  2. The application of the provisions of this D ecree to other intellectual property subject matters 
complies with the provisions of Clause 1 and Clause 3, Article 220 of the Law on Intellectual 
Property. 
 
Article 62.-  Effect of the Decree  
 This Decree takes effect 15 days after its publication in “CONG BAO.” 
Other provisions in documents promulgated before the effective date of this Decree that are contrary 
to this Decree are all annulled. 
 
Article 63.-  Responsibilities for implementation guidance  
 
1. The Minister of Science and Technology, the Mini ster of Culture and Information and the Minister 
of Agriculture and Rural Development shall provide  guidance on the implementation of this Decree. 
 2. Ministers, heads of ministerial-level agenci es, heads of government-attached agencies, and 
presidents of People’s Committees of provinces and cen trally run cities shall implement this Decree.  
 
On behalf of the Government 
Prime Minister 
NGUYEN TAN DUNG 
__________