WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VNM/I/3 
12 February 2008 
 (08-0622) 
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. 103/2006/ND-CP of 
September 22, 2006, Detailing and Guiding the Impl ementation of a Number of Articles of the Law 
on Intellectual Property regarding Industrial 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 texte1 du Décret n° 103/2006/ND-CP du 22 septembre 2006 
contenant des détails et des orientations pour la mi se en œuvre de certains articles de la Loi sur la 
propriété intellectuelle concernant la propriété industrielle, 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 texto1 del Decreto Nº 103/2006/ND-CP, de 22 de 
septiembre de 2006, que contiene disposiciones deta lladas y directrices sobre la aplicación de varios 
artículos de la Ley de propiedad intelectual relativos a la propied ad industrial, notificado por el 
Viet Nam en virtud de lo dispuesto en el párra fo 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/3 
Page 2  
 
  DECREE No. 103/2006/ND-CP OF SEPT EMBER 22, 2006, DETAILING AND 
GUIDING THE IMPLEMENTATION OF  A NUMBER OF ARTICLES OF THE 
LAW ON INTELLECTUAL PROPERTY REGARDING INDUSTRIAL PROPERTY 
 
THE GOVERNMENT  
 
Pursuant to the December 25, 2001 Law on Organization of the Government; 
 Pursuant to the June 14, 2005 Civil Code;  Pursuant to the November 29, 2005 Law on Intellectual Property; 
 
At the proposal of the Science and Technology Minister; 
 
DECREES: 
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1.-  Scope of regulation 
 This Decree details and guides the implementati on of the provisions of the Law on Intellectual 
Property on the establishment, subject matters and cont ents of, and limitations on, industrial property 
rights, the assignment of industrial property rights, the industrial property repr esentation and measures 
to promote industrial property activities. 
 
Article 2.-  Subjects of application  
 
1. Individuals, legal entities and other subjects of the civil law (hereinafter collectively referred to as 
organizations and individuals).  2. Foreign organizations and individuals that satisfy  all the conditions to enjoy the industrial property 
rights protection in Vietnam under treaties to which Vietnam is a contracting party. 
Treaties mentioned in this Clause include: 
 a/ The 1883 Paris Convention for the Protection of Industrial Property, which was revised in 1967 
(hereinafter referred to as the Paris Convention);  
b/ The 2000 Vietnam-US Bilateral Trade Agreement; 
 c/ The 1999 Agreement on Protection of Intellectua l Property Rights and Cooperation in the Field of 
Industrial Property between Vietnam and Switzerland.  d/ The 1994 Agreement on Trade-Related Aspect s of Intellectual Property Rights (the TRIP 
Agreement), to be applied from the time Vi etnam becomes a member of the World Trade 
Organization (WTO).  e/ Other treaties concerning the protection of industrial property rights to which Vietnam is a contracting party.   IP/N/1/VNM/I/3 
 Page 3 
 
 
  Article 3.-  Responsibilities for state management of industrial property  
 1. The Science and Technology Ministry has the fo llowing responsibilities for state management of 
industrial property:  
a/ To formulate and organize the implementation of strategies and policies on protection of industrial 
property rights;  b/ To promulgate or submit to competent authorities for promulgation, and organize the implementation of, legal docume nts on industrial property;  
 
c/ To organize the system of agencies performi ng the function of state management of industrial 
property;   d/ To provide professional guidance, and organize professional training and fostering in industrial 
property; 
 e/ To organize the establishment of industrial property rights, the registration of contracts on assignment of industrial property rights, and carry out other procedures concerning industrial property 
right protection titles;  
f/ To exercise the right to compel the licensing of inventions according to the provisions of 
Article 147 of the Law on Intellectual Property;  g/ To assume the prime responsibility for, and coordi nate with other agencies in, applying various 
measures to protect legitimate rights and interests of organizations, individuals, the State and society 
in industrial property;  
 h/ To manage the industrial property assessment act ivities; and to grant industrial property assessor’s 
cards;  i/ To inspect and examine the observance of the i ndustrial property law; to settle complaints and 
denunciations and handle industria l property-related violations; 
 j/ To organize activities of industrial property information and statistics; 
 k/ To organize the education, dissemination and popularization of knowledge, policies and law on 
industrial property; 
 l/ To assume the prime responsibility for, and coordi nate with the Education and Training Ministry 
and the Justice Ministry in, elaborating training pr ograms and organizing the training and fostering of 
industrial property knowledge and law;  
m/ To manage activities of industrial property re presentation; to grant practice certificates for 
provision of industrial property representation services;  n/ To enter into international cooperation on in dustrial property; to propose the settlement of 
industrial property disputes betw een Vietnam and other countries. 
 
The National Office of Intellectual Property is an  agency attached to the Science and Technology 
Ministry, having the responsibility to assist the Sc ience and Technology Minister in performing the 
function of state management of industrial prope rty. The Science and Technology Minister shall 
specify functions, tasks and powers of the National Office of Intellectual Property. IP/N/1/VNM/I/3 
Page 4  
 
   
2. People’s Committees of provinces or centrally run cities have the following responsibilities for 
state management of industrial property in their respective localities:  a/ To organize the implementation of policies and law on industrial property; 
 
b/ To elaborate, promulgate and organize the implementation of local regulations on industrial 
property;  c/ To organize the system for management of industrial property activities in their localities, and 
apply measures to raise the effectiveness of this system; 
 d/ To organize the dissemination and popularizati on of knowledge, polici es and law on industrial 
property, and take measures to promote industrial property activities;  
e/ To guide and assist organizations and indivi duals in carrying out industrial property-related 
procedures;  f/ To coordinate with concerned agencies in ac tivities of protecting industrial property rights and 
handling violations of industrial property law;  
g/ To inspect and examine the observance of i ndustrial property law, a nd settle complaints and 
denunciations about industrial property in their localities;  h/ To manage geographical indicati ons belonging to their localities; 
 
i/ To enter into international cooperation on industrial property in their localities. 
 Provincial/municipal Science and T echnology Services are agencies attached to People’s Committees 
of provinces or centrally run cities and respons ible for assisting the People’s Committees in 
performing the function of state management of industrial property in their localities. People’s 
Committees of provinces or centrally run cities specify the functions, tasks and powers of 
provincial/municipal Science and Technology Services. 
 3. Ministries, ministerial-level agencies and gove rnment-attached agencies are responsible for 
organizing and directing the enforcement of indus trial property law and ma naging industrial property 
subject matters under their management.  
Article 4.-  Method of calculation of term 
 The method of calculation of terms in industrial pr operty activities complies with the provisions on 
terms in Chapter VIII, Part One of the Civil Code. 
 
Article 5.-  Industrial property fees and charges 
 The Finance Ministry assumes the prime responsibilit y for, and coordinates with the Science and 
Technology Ministry in, prescribing and guiding th e collection, payment, management and use of 
industrial property fees and charges. 
  IP/N/1/VNM/I/3 
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  Chapter II 
ESTABLISHMENT OF INDUSTRIAL PROPERTY RIGHTS 
 
Article 6.-  Bases and procedures for the establishment of industrial property rights 
 
1. Industrial property rights to inventions, layout  designs, industrial designs, marks and geographical 
indications are established on the basis of decisions  of the state management agency in charge of 
industrial property which grants protection titles to  applicants for registration of those objects 
according to the provisions of Chapters VII, V III and IX of the Law on Intellectual Property. 
Industrial property rights to marks internationall y registered under the Madrid Agreement and the 
Madrid Protocol are established on the basis of r ecognition of such interna tional registration by the 
state management agency.  2. Industrial property rights to well-known marks ar e established on the basis of widespread use of 
those marks according to the provisions of Article 75 of the Law on Intellectual Property, not 
requiring the completion of registration procedures. 
 3. Industrial property rights to tr ade names are established on the basis of lawful use of those names 
according to geographical areas (territories) and business domains, not requiring the completion of 
registration procedures.   
4. Industrial property rights to business secrets are est ablished on the basis of financial and intellectual 
investments or any other lawful methods to fi nd, create or acquire information and keep the 
confidentiality of information which constitutes t hose business secrets, not requiring the completion 
of registration procedures.  
5. The Science and Technology Ministry specifies forms and contents of va rious industrial property 
registration applications prescribed in Articles 100, 101, 102, 103, 104 , 105, 106 and 107 of the Law 
on Intellectual Property, guides the order and proce dures for processing of applications, sets out forms 
of protection title and the national re gister of industrial property, and specifies the format and contents 
of the Industrial Property Official Gazette. 
 
Article 7.-  Right to registration of industrial property under treaties  
 1. Foreign organizations and individuals that sa tisfy the conditions for protection of industrial 
property rights in Vietnam specified in Article 2 of this Decree may file  applications for industrial 
property registration in Vietnam under treaties on or concerning international filing procedures. 
Treaties mentioned in this Clause include: 
 a/ The 1970 Patent Cooperation Treaty, which was revi sed in 1984 (hereinafter referred to as the PCT 
for short);  b/ The 1891 Madrid Agreement on International Re gistration of Marks, which was revised in 1979 
(hereinafter referred to as the Madrid Agreemen t) and the 1989 Protocol Relating to the Madrid 
Agreement (hereinafter referred to as the Madrid Protocol);  c/ Other treaties on or concerning international f iling procedures to which Vietnam is a contracting 
party, as from the date such treaties become binding on Vietnam. 
 
2. Vietnamese organizations and i ndividuals may file applications fo r international industrial property 
registration to request the protection of their rights in Vietnam if it is so provided for by such treaties. 
 IP/N/1/VNM/I/3 
Page 6  
 
  Article 8.-  Right to registration of fo reign geographical indications 
 Foreign individuals and organizations  that are holders of rights to ge ographical indications under laws 
of countries of origin are entitled to register such geographical indications in Vietnam.   
 
Article 9.-  Right to registration of inventions, industrial designs and layout designs of the State  
 1. When an invention, an industrial design or a lay out design is created on the basis of full financial, 
material and technical investments by the State, the right to registration of such invention, industrial 
design or layout design belongs to the State. The organization or state agency assigned by the State to 
act as the investor shall represent the State in exercising that right to registration. 
 2. When an invention, an industrial design or a layout design is created on the basis of capital 
contribution by the State (either in funds or material-technical facilities), part of the right to registration of such invention, industrial design or layout design belongs to the State in proportion to 
its capital contribution. The organization or state ag ency acting as the owner of the state investment 
capital shall represent the State in exercising that part of the right to registration. 
 3. When an invention, an industrial design or a la yout design is created on the basis of research and 
development cooperation between a state agency or organization and another organization or 
individual, unless it is otherwise provided for in th e research and development cooperation agreement, 
part of the right to registration of such inventi on, industrial design or layout design belongs to the 
State in proportion to such state agency’s or orga nization’s contribution to the cooperation. The state 
agency or organization which takes part in the research and development cooperation shall represent 
the State in exercising that right to registration.  
4. The state agency or organization exercising the right to registration of an invention, an industrial 
design or a layout design specified in Clauses 1, 2 and 3 of this Article represents the State in being 
named as the protection title holder, manages industr ial property rights to such object, and is entitled 
to assign the State’s part of the right to registration of invention, industrial design or layout design to another organization or individual if the assignee pays to the State a specified sum of money or satisfies reasonable commercial conditions compared with the commercial potential of such invention, 
industrial design or layout design. 
 
Article 10.-  Priority right of applications for registrati on of inventions, industrial designs or marks 
 The priority right of applications for registration of inventions, industrial designs or marks provided 
for in Article 91 of the Law on Intellectual Property applies as follows: 
 1. When the applicant for registration of an inventio n, an industrial design or a mark wishes to enjoy 
the priority right under the Paris Convention, his/he r claim for such priority right is accepted if the 
following conditions are satisfied:  
a/ He/she is a citizen of Vietnam or of a member country of the Paris Convention or resides or has a 
production or production establishment in Vietnam or in that member country;  b/ His/her first application has been filed in Viet nam or in a member country of the Paris Convention 
and contains a section relevant to the claim for pr iority right in the application for registration of 
invention, industrial design or mark; 
 c/ The registration application is filed within si x months, for industrial design or mark registration 
applications; or twelve months for invention regist ration applications, as from the date of first filing; 
  IP/N/1/VNM/I/3 
 Page 7 
 
 
  d/ In the application for registration of an inven tion, industrial design or mark, the applicant clearly 
states his/her claim for the priority right and submits a copy of the first application specified at Point b 
of this Clause with certification by the agency wh ich receives the first application in case of overseas 
filing;  
e/ The fee for claim for priority right is fully paid. 
 2. If the applicant for registration of an invention, industrial design or a mark wants to enjoy the priority right under another treaty, his/her claim for such priority right is accepted if all the conditions 
for the priority right set out in that treaty are satisfied. 
 
Article 11.-  Invention international applications  
 1. In this Article, “PCT applications” are referred to the applications for invention registration which 
are filed under the PCT, including: 
 
a/ Applications containing a claim for the protecti on in Vietnam and filed in any member countries of 
the PCT, including Vietnam (hereinafter referred to as PCT applications designating or selecting Vietnam);  b/ Applications filed in Vietnam and containing a claim for the protection in any member countries of 
the PCT, including Vietnam (hereinafter referred to as PCT applications originating from Vietnam). 
 2. The state management agency in charge of industrial property examines a PCT application 
selecting or designating Vietnam when the following conditions are fully satisfied:  
a/ The applicant carries out procedures for registrati on of an invention at Vietnam’s state management 
agency in charge of industrial property (the national phase) under the PCT’s provisions within 31 
months from the international filing date or from the pr iority date (if the priority right is claimed in 
the application);  b/ The applicant pays industrial property fees a nd charges according to the provisions of law. 
 
3. A PCT application originating from Vietnam must be made in English or Russian and satisfy the 
PCT’s requirements on the form and contents. Applican ts may file their applications with the state 
management agency in charge of industrial prope rty or with the International Office of the World 
Intellectual Property Organization (WIPO). 
 
4. The Science and Technology Ministry specifies th e form and contents of, order and procedures for 
processing PCT applications from other countries designating or selecting Vietnam, and PCT applications originating from Vietnam. 
 
Article 12.-  Mark international applications 
 
1. In this Article, “Madrid applications” are referre d to the applications for international registration 
of marks filed under the Madrid Agreement or the Madrid Protocol, including:  a/ Applications originating from other member c ountries of the Madrid Agreement or the Madrid 
Protocol for protection of marks in Vietnam (h ereinafter referred to as Madrid applications 
designating Vietnam);  IP/N/1/VNM/I/3 
Page 8  
 
  b/ Applications filed in Vietnam for protection of  marks in other member countries of the Madrid 
Agreement or the Madrid Protocol (hereinafter re ferred to as Madrid applications originating from 
Vietnam).  2. After being announced by the International Offi ce of the World Intellectual Property Organization 
(WIPO), a Madrid application designating Vietnam shall go through the content examination like an 
application for mark registration filed according to national formalities.  For a mark accepted for protection, the state manageme nt agency in charge of industrial property shall 
issue and publish a decision on acceptance for protection of an internationally registered mark in the 
Industrial Property Official Gazette. At the request of an internationally registered mark owner, the 
state management agency in charge of industrial pr operty issues a certificate of protection in Vietnam 
of internationally registered mark.  3. Vietnamese organizations or individuals may ex ercise the right to international registration of 
marks under the Madrid Agreement or the Madrid Protocol according to the following regulations: 
 a/ To file applications under the Madrid Agreement,  if the protection is claimed in a member country 
of the Madrid Agreement, provided that they have been granted mark protection titles in Vietnam;  
 b/ To file applications under the Madrid Protocol, if  the protection is claimed in a country which is a 
member of the Madrid Protocol but not a member of  the Madrid Agreement, provided that they have 
filed applications for mark registration in Vietnam.  4. The state management agency in charge of industrial property receives Madrid applications 
originating from Vietnam. 
 
5. The Science and Technology Ministry specifies th e form and contents of, the order and procedures 
for processing of Madrid applications. 
 
Article 13.-  Establishment of industrial property rights on the basis of treaties on mutual protection 
recognition 
 
1. When a treaty concerning industrial property to  which Vietnam is a contracting party provides for 
the recognition and protection of industrial property rights of organizations and individuals of treaty 
members, industrial property rights of organizations  and individuals of other members are recognized 
and protected in Vietnam. 
Industrial property rights are protected within th e scope and term of protection compliant with the 
provisions of treaties without having to complete the registration procedures specified in the Law on 
Intellectual Property.  2. The Science and Technology Ministry publishes a ll necessary information relevant to the industrial 
property rights recognized and protected in Vietnam under treaties.  
Article 14.-  Complaints about the registration of indus trial property rights and settlement thereof  
 1. Applicants and all organizati ons and individuals with rights a nd interests directly related to 
decisions or notices concerning the processing of indus trial property registration applications, which 
are issued by the state management  agency in charge of industrial property, may lodge complaints 
with state management agency in charge of industr ial property or initiate lawsuits at court according 
to the provisions of the Law on Intellectual Property and relevant laws. The time limit for settlement 
of complaints is specified in Clause 5 of this Article.   IP/N/1/VNM/I/3 
 Page 9 
 
 
  2. Upon the expiration of the time limit for settle ment of complaints about decisions or notices 
concerning industrial property (first-time complaints) by  agencies issuing such decisions or notices, if 
complaints are not settled or complainants disag ree with complaint-settling decisions of these 
agencies, the complainants or persons with rights a nd interests directly related to those decisions may 
further lodge their complaints (second-time complain ts) with the Science and Technology Minister or 
initiate lawsuits at court. Upon the expiration of the time limit for settlement of second-time 
complaints mentioned in Clause 5 of this Article, or if complainants disag ree with complaint-settling 
decisions of the Science and Technology Minister, such complainants or persons with rights and 
interests directly related to those deci sions may initiate lawsuits at court. 
 
3. Contents of complaint must be presented in writin g, clearly stating the full name and address of the 
complainant; serial number, signing date and contents  of the complained notice or decision; contents 
of complaint, arguments and evidence on which th e complaint is based; specific requests for the 
modification or annulment of the relevant notice or decision.   
4. The right to complaint may only be exerci sed within the following time limit which does not 
include the period of time when the complainant cannot  exercise his/her right to complaint due to any 
objective obstacle:  a/ The time limit for lodging a first-time complaint shall be 90 days from the date the person having 
the right to complaint receives or knows about the decision or notice on the processing of his/her 
industrial property registration application; 
 b/ The time limit for lodging a second-time complaint shall be 30 days from the date of expiration of the time limit for settlement of the first-time complain t specified in Clause 5 of this Article if by that 
date the first-time complaint is not settled, or fro m the date the person having the right to complaint 
receives or knows about the decision on settlement of the first-time complaint. 
 5. Within 10 days from the date of receipt of a co mplaint about the grant, amendment, invalidation, 
annulment or prolongation of validity of a prot ection title, the person competent to settle that 
complaint shall issue a notice of acceptance or re jection of such complaint, clearly stating the 
reason(s) for rejection. 
 
The time limit for settlement of complaints comp lies with the provisions of law on complaints. 
 The period of time for amending or supplementing complaint dossiers shall not be included in the time limit for settlement of complaints. 
 
6. The complaint-settling order and procedures comp ly with the provisions of law on complaints. 
 
Chapter III 
HOLDERS AND CONTENTS OF, AND LIMITATIONS ON, INDUSTRIAL PROPERTY RIGHTS  
 
Article 15.-  Industrial property rights holders 
 1. Industrial property rights holders  include organizations and indivi duals being owners of industrial 
property objects specified in Article 121 of the Law on Intellectual Property or organizations and 
individuals being assigned the industri al property rights by owners, or authors of inventions, industrial 
designs or layout designs specified in Article 122 of the Law on Intellectual Property. 
 2. When a protection title for an invention, an industrial design, a layout design or a mark is commonly granted to more than one organizations  or individuals according to the provisions of 
Clause 3, Article 86; Clause 5, Article 87; and Clause 2, Article 90 of the Law on Intellectual IP/N/1/VNM/I/3 
Page 10  
 
  Property, the industrial property rights shall be u nder joint ownership of those organizations or 
individuals. Co-owners shall exercise the joint owne rship according to the provisions of the civil law. 
 
Article 16.-  Scope of industrial property rights 
 
1. Scope of industrial propert y rights to an invention, an industria l design, a layout design, a mark or a 
geographical indication is determined according to the scope of protection stated in the relevant 
protection title.  2. Scope of rights to a trade name is determined according to the scope of protection of the trade 
name, including the trade name, business domain and te rritory of business in which the trade name is 
lawfully used by the entity bearing such trade na me. The registration of an appellation of a business 
organization or individual involved in business pro cedures shall not be considered the use of that 
appellation but merely constitute a condition for the use of that appellation to be considered lawful.    
 
3. Scope of rights to a business secret is determined according to the scope of protection of that 
business secret, covering a combination of informa tion constituting the business secret, arranged in an 
accurate order and sufficient enough for utilization.  4. Industrial property rights holders are entitled to  enjoy the rights and discharge the obligations 
within the scope of protection and under the conditi ons specified in Articles 132, 133, 134, 135, 136 
and 137 of the Law on Intellectual Property. 
 
Article 17.- Respect for previously established rights 
 1. Industrial property rights of an organization or  individual may be invalidated or banned from 
exercise if they conflict with previously est ablished intellectual property rights of another 
organization or individual.  2. The Planning and Investment Ministry assumes th e prime responsibility for, and coordinates with 
the Science and Technology Ministry in, guiding the naming of enterprises in business registration 
procedures to prevent the infringement of rights to  marks, trade names or geographical indications 
already under protection.  
 
Article 18.-  Rights of authors of inventions, industrial designs or layout designs 
 1. The moral rights of authors provided for in Clause 2, Article 122 of the Law on Intellectual 
Property are protected for an infinite term. 
 2. The right of authors to receive remunerations provided for in Clause 3, Article 122 of the Law on 
Intellectual Property is protected throughout the te rm of protection of their inventions, industrial 
designs or layout designs.  
3. Unless otherwise agreed between the owner and the author, the payment of remuneration must be 
made within 30 days as from the date of receipt by the owner of the licensing fee or the proceeds from 
each period of use of his/her invention, industrial d esign or layout design. If the invention, industrial 
design or layout design is used continuously, each payment installment must be made within six 
months after the completion of the preceding installment. 
 
4. The Finance Ministry coordinates with the Science and Technology Ministry in detailing and 
guiding the method for determination of proceeds fr om the use of inventions , industrial designs or 
layout designs. 
  IP/N/1/VNM/I/3 
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  Article 19.-  Exercise of the state ownership right to geographical indications 
 1. Agencies and organizations which are entitled to  manage geographical indications defined in 
Clause 4, Article 121 of the Law on Intellectual Property include:  
a/ The People’s Committee of the pr ovince or centrally run city where exists the geographical area 
subject to the geographical indication, if the geographical indication concerns one locality;  
 b/ The People’s Committee of a province or centrally run city which is an authorized representative of 
the People’s Committees of other provinces or centra lly run cities where exists the geographical area 
subject to the geographical indication, if the geogr aphical indication concerns more than one locality; 
 c/ Agencies or organizations empowered by Peopl e’s Committees of provinces or centrally run cities 
to manage geographical indications, if those agen cies or organizations represent interests of all 
organizations and individuals granted the right to use such geographical indications according to the 
provisions of Clause 4, Article 121 of the Law on Intellectual Property. 
 2. Organizations managing geographi cal indications are entitled to exercise the rights of owners to 
geographical indications provided for in Clau se 2, Article 123 and Artile 198 of the Law on 
Intellectual Property.  
3. The Agriculture and Rural Development Ministry, the Fisheries Ministry and the Industry Ministry 
assumes the prime responsibility for, and coordina tes with the People’s Committees of provinces or 
centrally run cities in, identifying specialties, features of products, processes of production of 
specialties bearing geographical indications managed by ministries, branches or localities.  
4. People’s Committees of provinces or centrally r un cities carry out the registration and organize the 
management of geographical indications used for local specialties. 
 
Article 20.-  Keeping of confidentiality of test data 
 The Health Ministry and the Agriculture and Rural Development Ministry assumes the prime 
responsibility for, and coordinates with the Scien ce and Technology Ministry in, guiding the keeping 
of confidentiality of test data in the procedures of  registration for circulation of products specified in 
Article 128 of the Law on Intellectual Property. 
 
Article 21.-  Use of industrial property objects 
 
1. Acts of circulating products specified at Point d, Clause 1; Point b, Clause 2; Point b, Clause 5; and Point b, Clause 7, Article 124 of the Law on Intell ectual Property include acts of selling, displaying 
for sale or transporting products.  2. Products lawfully put on the market, including overseas markets, specified at Point b, Clause 2, 
Article 125 of the Law on Intellectual Property mean products already put on the domestic or overseas 
market by owners, licensees, including licensees under compulsory licensing decisions, or persons with the right to prior use of industrial property objects. 
 
Article 22.-  Use of inventions on behalf of the State 
 
1. The use of inventions on behalf of the State for public and non-commercial purposes or in service 
of national defense, security, disease prevention and treatment, nutrition for the people, or to meet 
other urgent social needs specified in Clause 1,  Article 133 of the Law on Intellectual Property is 
effected by ministries and ministerial-level agen cies or by other organizations and individuals IP/N/1/VNM/I/3 
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  designated by them under their decisions on compul sory licensing of the inventions specified at 
Point a, Clause 1, Article 145 and the second pa ragraph, Clause 1, Article 147 of the Law on 
Intellectual Property.  2. Procedures for issuing decisions on compulsory licen sing of inventions in case of use of inventions 
on behalf of the State comply with the regul ations of the branch-managing ministries. 
 
Article 23.- Obligation to use inventions  
 1. When there arise needs of national defense, security, disease prevention and treatment and nutrition 
for the people or other urgent social needs but holders of the exclusive right to use inventions fail to 
perform the obligation to manufacture protected produc ts or apply protected processes to satisfy those 
needs according to the provisions of Clause 1, Ar ticle 136 and Clause 5, Article 142 of the Law on 
Intellectual Property, the Science and Technology Ministry may license such inventions to other 
organizations or individuals by issuing decisions on compulsory licensing of inventions according to 
the provisions of Point b, Clause 1, Article 145 and the first paragraph, Clause 1, Article 147 of the 
Law on Intellectual Property.  2. When needs of national defense, security, disease prevention and treatment and nutrition for the 
people or other urgent social needs are satisfied  by imported products or products manufactured by 
licensees of inventions under licensing contracts, holde rs of the exclusive right to use inventions shall 
not perform the obligation to manufacture protected  products or apply protected processes mentioned 
in Clause 1 of this Article. 
 
Chapter IV 
ASSIGNMENT OF INDUSTRIAL PROPERTY RIGHTS 
 
Article 24.- Compensation levels for the right to use inventions licensed under compulsory decisions 
 1. Compensation level for the right to use an inve ntion licensed under a compulsory decision specified 
at Point d, Clause 1, Article 146 of the Law on In tellectual Property is determined according to the 
economic value of the licensed use right and based on the following elements: 
 
a/ Invention licensing price under the contract;  b/ Funds invested in the creation of the invention, with the support fund from the state budget (if any) taken into account; 
 
c/ Profits earned from the use of the invention;  d/ Remaining valid term of the protection title;  e/ Necessity of the invention licensing; 
 
f/ Other elements directly decisive to the economic value of the licensed use right. 
 2. Compensation level does not exceed 5% of the ne t selling price of products manufactured under the 
invention, if the principle specified in Clause 1 of this Article is complied with. 
 
3. Agencies competent to issue decisions on compul sory licensing of inventions may set up valuation 
councils or solicit expertise opinions  to determine compensation levels specified in Clause 1 of this 
Article. 
  IP/N/1/VNM/I/3 
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  Article 25.-  Dossier and procedure for licensing of inventions under compulsory decisions 
 1. Except for the case specified in Clause 2 of th is Article, the Science and Technology Ministry 
specifies the form and contents of the dossier of  request for licensing of inventions specified in 
Clause 1, Article 147 of the Law on Intellectual Property, and stipulates and organizes the 
implementation of procedures for receiving and handling requests for licensing of inventions. 
 2. The Health Ministry and the Agriculture a nd Rural Development Ministry assumes the prime 
responsibility for, and coordinates with the Sc ience and Technology Ministry in, guiding and 
organizing the implementation of procedures for compulsory licensing of inventions and use of 
inventions on behalf of the State to satisfy needs of health care and nutrition for the people. 
 
Article 26.- Dossier and procedure for registration of contracts for assignment of industrial property 
rights        
1. The Science and Technology Ministry specifies the forms and contents of various dossiers for 
registration of contracts for assignment of industria l property rights specified in Article 149 of the 
Law on Intellectual Property.  2. The Science and Technology Ministry specifies  the procedures for receiving and handling dossiers 
for registration of contracts for assi gnment of industria l property rights. 
 
Chapter V 
INDUSTRIAL PROPERTY REPRESENTATION 
 
Article 27.-  Programs on industrial property law training 
 
1. The Science and Technology Ministry assumes th e prime responsibility for, and coordinates with 
the Education and Training Ministry and the Jus tice Ministry in, specifying programs on industrial 
property law training mentioned in Clause 3, Ar ticle 155 of the Law on Intellectual Property. 
 2. Individuals are considered having graduated from a training c ourse on industrial property law 
specified at Point d, Clause 2, Article 155 of the Law on Intellectual Property Law in the following 
cases:  a/ They are authors of university graduation theses or postgraduate theses on industrial property;  
b/ They have graduated from training courses on i ndustrial property accredited by the Science and 
Technology Ministry. 
 
Article 28.-  Examination of industrial pr operty representation profession 
 1. The examination of industrial property repr esentation profession shall be conducted to assess the 
capability to apply industrial property law to solvin g specific matters related to the establishment and 
protection of industrial property rights.  2. Contents of examination of industrial prope rty representation profession include the skills of 
application of industrial property law to handling ci rcumstances related to the protection of industrial 
property objects. 
 3. The Science and Technology Ministry guides a nd organizes the examination of industrial property 
representation profession. 
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  Article 29.-  Grant and withdrawal of industrial property representation service practice certificates 
 1. Industrial property representation service practice certificates are granted to individuals who satisfy the conditions specified in  Clause 2, Article 155 of the Law on Intellectual Property at their requests 
after they pay fees and charges set by law. 
 
2. An industrial property representation service practice certificate is withdrawn in the following cases:  a/ The grantee of the industrial property represen tation service practice certificate has quitted the job 
of industrial property representation; 
 b/ The grantee of the industrial property representation service practice certificate no longer satisfies the conditions specified in Clause 2, Article 155 of the Law on Intellectual Property;  
c/ The grantee of the industrial property representa tion service practice certificate seriously violates 
the provisions of Clause 3, Article 152 and Artic le 153 of the Law on Intellectual Property; 
 d/ The grantee of the industrial property representation service practice certificate makes a serious professional mistake or commits a serious vi olation while practicing industrial property 
representation, causing damage to interests of the State and society; 
 
e/ The grantee of the industrial property representa tion service practice certificate takes advantage of 
his/her capacity as an industrial property repr esentative to conduct activities beyond the scope of 
industrial property representation service specified in Clause 1, Article 151 of the Law on Intellectual Property. 
 
3. The Science and Technology Ministry grants and withdraws industrial property representation 
service practice certificates.  4. Organizations which fully satisfy the conditions specified in Article 154 of the Law on Intellectual 
Property are recorded as industrial property re presentation service organizations in the national 
register of industrial property representatives and publis hed in the Industrial Property Official Gazette 
at their request and after they pay the set fees and charges.  5. An industrial property representation service or ganization has its name deleted from the national 
register of industrial property representatives and su ch deletion is published in  the Industrial Property 
Official Gazette in the following cases: 
 a/ It no longer provides industrial property representation services;  b/ It no longer fully satisfies the conditions specified in Article 154 of the Law on Intellectual Property Law; 
 
c/ It seriously violates the provisions of Clause 3, Article 152 and Article 153 of the Law on Intellectual Property;  d/ It makes a serious professional mistake or commits a serious violation while providing industrial 
property representation services, causing damage to interests of the State and society; 
 e/ It takes advantage of its capacity as an i ndustrial property representative to conduct activities 
beyond the scope of industrial prope rty representation service specified in Clause 1, Article 151 of the 
Law on Intellectual Property.  IP/N/1/VNM/I/3 
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6. In the cases of certificate withdrawal or name deletion specified at Points c, d and e, Clause 2 or Points c, d and e, Clause 5 of this Article, requ ests for re-grant of industrial property representation 
service practice certificates or renewal of reco rdings of industrial property representation service 
organizations in the national register of industria l property representatives are considered three years 
after the withdrawal of certificates or deletion of names. 
 
Chapter VI 
MEASURES TO PROMOTE INDUSTRIAL PROPERTY ACTIVITIES 
 
Article 30.-  Training and fostering of human resources for industrial property activities 
 1. The Science and Technology Ministry assumes th e prime responsibility for, and coordinates with 
the Education and Training Ministry and the Justi ce Ministry in, providing for in detail industrial 
property training and fostering contents and programs. 
 
2. The Justice Ministry assumes the prime responsib ility for, and coordinates with the Science and 
Technology Ministry in, organizing the elaboration of  contents and programs of fostering of industrial 
property knowledge for judicial titles.  3. The Science and Technology Ministry assumes th e prime responsibility for, and coordinates with 
concerned ministries and branches in, organizing th e fostering of industrial property  for persons 
engaged in state management, examination, assessment  and handling of violations and infringements 
in industrial property.  4. The Education and Training Ministry assumes the prime responsibility for, and coordinates with the 
Science and Technology Ministry in, formulating programs and organizing the industrial property 
training in training establishments. 
 
Article 31.-  Assurance of industrial property information 
 1. The industrial property information system cons ists of relevant information on all industrial 
property objects protected in Vietnam and inform ation selected according to intents or topics on 
foreign industrial property objects which is classifi ed and arranged in a pr oper and convenient manner 
in order to facilitate the search (reference), distribution and use. 
 2. The Science and Technology Ministry shall or ganize the setting up and management of industrial 
property information storages, develop classificati on and search tools, guide methods for search and 
use of domestic and foreign industrial property info rmation; organize the supply of information in an 
adequate, timely and accurate manner, assuring th e accessibility to information storages for entities 
with demands for information in service of the est ablishment and protection of industrial property 
rights, the research, development and business.   
3. Research and development subjects or projects are not funded by the state budget if references to 
invention information are not made right at the stag e of drafting such subjects or projects or if such 
subjects or projects are identical to existing i nvention information, except for those aimed at 
experimental application or de velopment of technical know-how to utilize existing inventions. 
The Science and Technology Ministry shall orga nize the provision of services of searching for 
invention information at the request of agencies,  organizations or indi viduals engaged in the 
formulation, approval or appraisal for acceptance of research and development subjects or projects funded by the State, if the requesters pay the searching service fee set by the Finance Ministry. 
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  Article 32.-  Accounting of expenses and prices related to industrial property   
 1. Expenses for the following purposes are rega rded as reasonable expenses of enterprises: 
 a/ Expenses for the creation of inventions, industria l designs or layout designs; expenses for the 
designing of marks or logos of the enterprises; 
 b/ Expenses for the completion of procedures for re gistration, maintenance and renewal of the rights 
to inventions, industrial designs, layout designs , marks or geographical indications, including the 
completion of those procedures in foreign countries; 
 
c/ Expenses for the application of measures to pr otect the confidentiality of business secrets or to 
protect the rights to inventions, industrial designs , layout designs, marks or geographical indications; 
 d/ Expenses for the payment of remunerations to authors; 
 
e/ Expenses for the purchase of the ownership right or  the right to use inventions, industrial designs, 
layout designs, marks or business secrets.  2. Inventions, industrial designs, layout designs, ma rks, trade names or business secrets and effective 
relevant industrial property rights created by, transferred or assigned to, enterprises constitute 
intellectual assets of such enterprises a nd are accounted into their total assets. 
 3. The Finance Ministry assumes the prime responsib ility for, and coordinates with the Science and 
Technology Ministry in, guiding the method of acc ounting industrial property-related expenses and 
the method of valuating intellectual assets specified in Clauses 1 and 2 of this Article.  
Article 33.-  Extension of the scope of use of state-owne d inventions, industrial designs or layout 
designs  
 1. When protection title holders’ capability to utiliz e state-owned inventions, industrial designs or 
layout designs fails to satisfy social needs, ot her state organizations may request protection title 
holders to license such inventions, industrial desi gns or layout designs to them on the following 
conditions:  a/ The licensed right to use such inventions, industrial designs or layout designs is non-exclusive and shall not be sub-licensed to others; 
 
b/ The scope of use of inventions, industrial desi gns or layout designs by licensees does not affect the 
utilization of such inventions, industrial designs or  layout designs to the full capability of protection 
title holders.  c/ When inventions, industrial designs or layout designs are used for non-commercial purposes, the 
licensing fee to be paid by invention, industrial design or layout design licensees to protection title 
holders is equal to 50% of the amount payable by licensees which are not state organizations in order 
to receive the right to use such inventions, indu strial designs or layout designs on other similar 
conditions.  
2. The licensing of state-owned inventions, industrial designs or layout designs to state organizations 
specified in Clause 1 of this Article shall not affect  the right of  protection title holders to license such 
objects to other non-state organizations. 
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  Article 34.-  Encouragement of industrial property activ ities of social organizations and socio-
professional organizations  Social organizations and socio-professional orga nizations operating in th e domain of industrial 
property are entitled to enjoy favorable conditions for performing their function of providing social 
consultations and criticisms in intellectual prope rty and promoting non-public social service activities 
in order to bring into full play their role in  assisting operations of state agencies and supporting 
industrial property rights holders. 
 
Article 35.-  Other measures to encourage creative activities  
 
The State encourages and sponsors activities of creating technologies by:  1. Sponsoring technical innovation contests.  
2. Commending, rewarding and popularizing experi ence, creative methods, advanced models of 
creative labor.  3. Supporting activities of establishing and protecti ng industrial property rights to creative labor’s 
achievements. 
 
Chapter VII 
IMPLEMENTATION PROVISIONS 
 
Article 36.-  Transitional provisions 
 
1. Industrial property registration applications filed with the Nati onal Office of Intellectual Property 
before January 1, 2006, continue to be processed in accordance with the provisions of the 1995 Civil 
Code and its guiding documents.  2. Industrial property registration a pplications filed with the National Office of Intellectual Property in 
the period from January 1, 2006, to July 1, 2006, ar e also processed in accordance with the provision 
of the 1995 Civil Code and its guiding documents, and of which: 
 a/ An invention registration application may be used  to request the grant of a utility solution patent, 
and in this case that application is processed like a utility solution registration application; 
 
b/ Geographical indication registration applications are processed like applications for registration of 
appellations of origin of goods.  3. From January 1, 2006, to June 30, 2006, the ri ghts and obligations provided for in protection titles 
granted under the 1995 Civil Code and the 2005 Civi l Code are effective under the 2005 Civil Code 
and the provisions of the documents guiding the im plementation of the 1995 Civil Code which are not 
contrary to those of the 2005 Civil Code. 
 4. Within one year after this Decree takes effect , organizations and indivi duals lawfully providing 
industrial property representation services under the 1995 Civil Code and its guiding documents may 
continue operating like those satisfying the busin ess conditions and practice conditions specified in 
Articles 154 and 155 of the Law on Intellectual Property. 
 
Article 37.-  Effect of the Decree 
 This Decree takes effect 15 days after its publication in “CONG BAO.” IP/N/1/VNM/I/3 
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All previous provisions which are contrary  to this Decree are hereby annulled. 
 
Article 38.- Responsibilities to guide the implementation 
 
1. The Science and Technology Minister sha ll guide the implementation of this Decree. 
 2. Ministers, heads of ministerial-level agenci es and government-attached agencies and presidents of 
provincial/municipal People’s Committ ees shall implement this Decree. 
 
On behalf of the Government 
Prime Minister 
NGUYEN TAN DUNG  
 
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