WORLD TRADE  
ORGANIZATION  IP/N/1/VNM/1 
6 February 2008 
 
 (08-0574) 
Council for Trade-Related Aspects  
of Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
VIET NAM 
 
  The following communication, dated 21 January 2 008, is being circulated at the request of the 
Delegation of Viet Nam.  
_______________ 
 
  The Permanent Mission of the Socialist Republic  of Viet Nam to the United Nations Office, 
the World Trade Organization (WTO) and Other Intern ational Organizations at  Geneva presents its 
compliments to the Secretariat of the World Trad e Organization Office at Geneva and has the honour 
to send herewith the notification under Article 63.2 of the Agreement with reference to the review of its 
TRIPS implementing legislation and answers to the Checklist of Issues on Enforcement. 
1 
 Enclosures: - Main dedicated intellec tual property laws and regulations 
  - All the laws and regulations  are being notified in English 
  - Answers to the Checklist of Issues on Enforcement. 
 
 
_______________
                                                     
 
1 See document IP/N/6/VNM/1. IP/N/1/VNM/1 
Page 2  
 
  ANNEX I 
 
MAIN DEDICATED INTELLECTUAL PROP ERTY LAWS AND REGULATIONS  
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
All subject matters   
Civil Code  2 
Part Six  
Date of adoption: 14 June 2005 
 Date of entry into force: 01 January 2006  Basic law on intellectual property, which states that 
intellectual property rights, including copyright and related rights, industrial property rights and rights to 
plant varieties, are property rights; reaffirming civil 
principles of intellectual property rights (specifically: determining subject matters, owners, content of rights and providing for the transfer of rights).  
Intellectual Property Law  3 
 Date of adoption: 29 November 2005  Date of entry into force: 01 July 2006 
 Comprehensive law governing all aspects of 
intellectual property rights, containing provisions on protectable subject matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, 
representative, and enforcement of IPRs.  
 
Copyright and Related Rights   
Civil Code  2 
Part Six – Chapter 34 – Articles 736-749 
 
Date of entry into force: 01 January 2006 
 This Chapter provides civil principles of copyright 
and related rights (specifically: determining subject 
matters, owners, content of rights and providing for 
the transfer of rights).  
Intellectual Property Law  3 
Part Two)  Date of entry into force: 01 July 2006  The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, representative, and enforcement of copyright and related rights. 
 
Decree No. 100/2006/ND-CP of 21 September 
2006 of the Government  4 
 Date of entry into force: 17 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning copyright and related rights. 
 
                                                      
2 The WTO Secretariat has been in contact with the Mission and the text will be circulated as soon as 
received. 
 
3 See document IP/N/1/VNM/I/1. 
4 See document IP/N/1/VNM/C/1.  IP/N/1/VNM/1 
 Page 3 
 
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Decree No. 105/2006/ND-CP of 22 September 
2006 the Government  5 
 Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law regarding the protection of intellectual property rights and State 
management of intellectual property. 
 
Decree No. 56/2006/ND-CP of 6 June 2006 the 
Government  2 
 
Date of entry into force: 1 July 2006 
 The Decree makes detailed provisions and 
guidelines for handling administrative violations in the field of culture and information. 
 
Directive No.04/2007/CT-TTg of 22 February 2007 
of the Prime Minister  2 
 
Date of entry into force: 14 March 2007 
 The Directive mandates measures for intensifying 
the protection of copyright to computer programs. 
Trade Marks (including Trade Descriptions) 
  
Civil Code 2 
Part Six – Chapter 35 – Articles 750-753 
 
Date of entry into force:01 January 2006  This Chapter provides civil principles of  industrial 
property rights (specifically: determining subject 
matters, owners, content of rights and providing for 
the transfer of rights).  
Intellectual Property Law  3 
Part Three)  Date of entry into force: 01 July 2006  The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, representative, and enforcement of rights to trade marks. 
 
Decree No. 103/2006/ND-CP of 22 September 
2006 of the Government  6 
 Date of entry into force: 21 October 2006  The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning industrial property rights, including rights to trade marks. 
 
Decree No. 105/2006/ND-CP of 22 September 
2006 the Government 5 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law regarding the protection of intellectual property rights and State 
management of intellectual property. 
  
 
                                                      
5 See document IP/N/1/VNM/I/2. 
6 See document IP/N/1/VNM/I/3. IP/N/1/VNM/1 
Page 4  
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Decree No. 106/2006/ND-CP of 22 September 
2006 the Government  7 
 Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for handling administrative violations in the field of industrial property.  
Circular No. 01/2007/TT-BKHCN of 14 February 
2007 of the Ministry of Science and Technology  8 
 Date of entry into force: 6 May 2007  The Circular makes detailed provisions on the 
procedures for registration of industrial property rights, for guiding the implementation of Decree No. 103/2006/ND-CP of 22 September 2006 of the 
Government. 
 
Geographical Indications 
  
Civil Code 2 
Part Six – Chapter 35 – Articles 750-753 
 
Date of entry into force: 01 January 2006  This Chapter provides civil principles of  industrial 
property rights (specifically: determining subject 
matters, owners, content of rights and providing for 
the transfer of rights).  
Intellectual Property Law  3 
Part Three  Date of entry into force: 01 July 2006  The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, representative, and enforcement of rights to geographical indications. 
 
Decree No. 103/2006/ND-CP of 22 September 
2006 of the Government  6 
 
Date of entry into force: 21 October 2006  The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning industrial property rights, including rights to 
geographical indications 
 
Decree No. 105/2006/ND-CP of 22 September 
2006 the Government 5 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law regarding the protection of intellectual property rights and State 
management of intellectual property. 
 
Decree No. 106/2006/ND-CP of 22 September 
2006 the Government 7 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for handling administrative violations in the field of industrial property. 
 
                                                      
7 See document IP/N/1/VNM/E/1. 
8 See document IP/N/1/VNM/I/4.  IP/N/1/VNM/1 
 Page 5 
 
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Circular No. 01/2007/TT-BKHCN of 14 February 
2007 of the Ministry of Science and Technology  8 
 Date of entry into force: 6 May 2007 
 The Circular makes detailed provisions on the 
procedures for registration of industrial property rights, for guiding the implementation of Decree No. 103/2006/ND-CP of 22 September 2006 of the 
Government. 
 
Industrial Designs    
Civil Code 2 
Part Six – Chapter 35 – Articles 750-753 
 
Date of entry into force: 01 January 2006 
 This Chapter provides civil principles of  industrial 
property rights (specifically: determining subject 
matters, owners, content of rights and providing for the transfer of rights).  
Intellectual Property Law  3 
Part Three)  Date of entry into force: 01 July 2006 
 The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, representative, and enforcement of rights to industrial designs. 
 
Decree No. 103/2006/ND-CP of 22 September 
2006 of the Government  6 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning industrial property rights, including rights to 
industrial designs. 
 
Decree No. 105/2006/ND-CP of 22 September 
2006 the Government 5 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law regarding the 
protection of intellectual property rights and State 
management of intellectual property.  
Decree No. 106/2006/ND-CP of 22 September 
2006 the Government 7 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for handling administrative violations in the field of industrial property 
 
Circular No. 01/2007/TT-BKHCN of 14 February 
2007 of the Ministry of Science and Technology  8 
 Date of entry into force: 6 May 2007 
 The Circular makes detailed provisions on the 
procedures for registration of industrial property rights, for guiding the implementation of Decree 
No. 103/2006/ND-CP of 22 September 2006 of the 
Government.  IP/N/1/VNM/1 
Page 6  
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Patents 
  
Civil Code 2 
Part Six – Chapter 35 – Articles 750-753 
 
Date of entry into force:  01 January 2006  This Chapter provides civil principles of  industrial 
property rights (specifically: determining subject 
matters, owners, content of rights and providing for 
the transfer of rights).  
Intellectual Property Law  3 
Part Three  Date of entry into force: 01 July 2006  The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, representative, and enforcement of patent rights. 
 
 
Decree No. 103/2006/ND-CP of 22 September 
2006 of the Government  6 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning industrial property rights, including patent rights. 
 
Decree No. 105/2006/ND-CP of 22 September 
2006 the Government 5 
 
Date of entry into force: 21 October 2006  The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law regarding the protection of intellectual property rights and State 
management of intellectual property. 
 
Decree No. 106/2006/ND-CP of 22 September 
2006 the Government 7 
 
Date of entry into force: 21 October 2006 
  The Decree makes detailed provisions and 
guidelines for handling administrative violations in the field of industrial property. 
 
Circular No. 01/2007/TT-BKHCN of 14 February 
2007 of the Ministry of Science and Technology  8 
 Date of entry into force: 6 May 2007 
 The Circular makes detailed provisions on the 
procedures for registration of industrial property rights, for guiding the implementation of Decree 
No. 103/2006/ND-CP of 22 September 2006 of the 
Government.  
Plant Varieties 
  
Civil Code 2 
Part Six – Chapter 35 – Articles 750-753 
 
Date of entry into force:  01 January 2006  This Chapter contains civil principles of  rights to 
plant varieties (specifically: determining subject 
matters, owners, content of rights and providing for 
the transfer of rights).   IP/N/1/VNM/1 
 Page 7 
 
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Intellectual Property Law  3 
Part Four  Date of entry into force: 01 July 2006 
 The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, representative, and enforcement 
of rights to plant varieties. 
 
Decree No. 104/2006/ND-CP of 22 September 
2006 of the Government  9 
 
Date of entry into force: 2 November 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning 
rights to plant varieties.  
 
Decree No. 57/2005/ND-CP of 27 April 2005 of the 
Government  2 
 Date of entry into force: 18 May 2005  The Decree makes detailed provisions and 
guidelines for handling administrative violations in the field of plant varieties.  
Layout-designs (Topographies) of Integrated Circuits 
  
Civil Code 2 
Part Six – Chapter 35 – Articles 750-753 
 
Date of entry into force:  01 January 2006 
 This Chapter provides civil principles of industrial 
property rights (specifically: determining subject 
matters, owners, content of rights and providing for the transfer of rights).  
Intellectual Property Law  3 
Part Three  Date of entry into force: 01 July 2006 
 The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of right, representative, and enforcement of 
rights to layout designs of integrated circuits. 
 
Decree No. 103/2006/ND-CP of 22 September 
2006 of the Government  6 
 Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning industrial property rights, including rights to layout-
designs of integrated circuits. 
 
Decree No. 105/2006/ND-CP of 22 September 
2006 the Government 5 
 
Date of entry into force: 21 October 2006 
 The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law regarding the 
protection of intellectual property rights and State 
management of intellectual property.  
                                                      
9 See document IP/N/1/VNM/P/1. IP/N/1/VNM/1 
Page 8  
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Decree No. 106/2006/ND-CP of 22 September 
2006 the Government 7 
 Date of entry into force:  21 October 2006 
 The Decree makes detailed provisions and 
guidelines for handling administrative violations in the field of industrial property.  
Circular No. 01/2007/TT-BKHCN of 14 February 
2007 of the Ministry of Science and Technology  8 
 Date of entry into force: 6 May 2007 
 The Circular makes detailed provisions on the 
procedures for registration of industrial property rights, for guiding the implementation of Decree No. 103/2006/ND-CP of 22 September 2006 of the 
Government. 
 
Protection of Undisclosed Information 
  
Civil Code 2 
Part Six – Chapter 35 – Articles 750-753 
 
Date of entry into force: 01 January 2006 
 This Chapter provides civil principles of industrial 
property rights (specifically: determining subject 
matters, owners, content of rights and providing for 
the transfer of rights).  
Intellectual Property Law  3 
Part Three)  Date of entry into force: 01 July 2006  The Law contains provisions on protectable subject 
matters, conditions for protection, establishment of rights, owners, scope and limitations of rights, transfer of rights, representative, and enforcement of rights to undisclosed information in the form of 
trade secrets. 
 
Decree No. 103/2006/ND-CP of 22 September 
2006 of the Government  6 
 
Date of entry into force:  21 October 2006 
  The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law concerning 
industrial property rights, including rights to trade 
secrets.  
Decree No. 105/2006/ND-CP of 22 September 
2006 the Government 5 
 
Date of entry into force:  21 October 2006 
  The Decree makes detailed provisions and 
guidelines for implementing certain articles of the 2005 Intellectual Property Law regarding the 
protection of intellectual property rights and State 
management of intellectual property.  
Decree No. 106/2006/ND-CP of 22 September 
2006 the Government 7 
 Date of entry into force:  21 October 2006  The Decree makes detailed provisions and 
guidelines for handling administrative violations in 
the field of industrial property. 
  IP/N/1/VNM/1 
 Page 9 
 
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Decision No. 69/2006/QD-BNN of 13 September 
2006 of the Minister of Agriculture and Rural 
Development  2 
 
Date of entry into force: 11 October 2006 
 The Decision promulgates regulations on 
confidentiality protection of testing data submitted in the procedures for marketing approval of agro-chemical products. 
 
Decision No. 30/2006/QD-BYT of 30 September 
2006 of the Minister of Health  10 
 
Date of entry into force: 11 November 2006 
 The Decision promulgates regulations on data 
protection applied to Drug Registration Dossiers(confidentiality protection of testing data submitted 
in the procedures for marketing approval of drugs). 
 
 
                                                      
10 See document IP/N/1/VNM/U/1. IP/N/1/VNM/1 
Page 10  
 
  ANNEX II 
 
OTHER LAWS AND REGULATIONS 
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Trade Marks  (including Trade Descriptions) 
 There are no other laws and regulations other than those set out under the same heading in Annex I. 
Geographical Indications 
 There are no other laws and regulations other than 
those set out under the same heading in Annex I.  
Patents (Including Plant Variety Protection) 
 
 There are no other laws and regulations other than 
those set out under the same heading in Annex I. 
 
Layout-designs (Topographies) of Integrated Circuits 
 There are no other laws and regulations other than 
those set out under the same heading in Annex I.  
Protection of Undisclosed Information 
 There are no other laws and regulations other than 
those set out under the same heading in Annex I. 
 
Civil Judicial Procedures and Remedies 
  
Civil Procedures Code  
 
Date of adoption: 15 June 2004  Date of entry into force: 01 January 2005  The Code provides for basic principles in civil 
proceedings, the orders and procedures for courts to 
settle civil cases, including cases related to disputes over intellectual property rights.  
Special Requirements related to Border 
Measures 
  
Decree 154/2005/ND-CP of 15 December 2005 of 
the Government  
 
Date of entry into force: 1 January 2006 
 The Decree makes detailed provisions on customs 
procedures and the inspection and supervision by customs offices, including the procedures for 
applying border control measures with regard to 
imports and exports relate d to intellectual property 
rights.   IP/N/1/VNM/1 
 Page 11 
 
 
   
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION 
Criminal Procedures   
Criminal Code  
Articles 41,131, 156, 157, 158, 162,168, 171 
 
Date of adoption: 2004  Date of entry into force: 01 January 2005 
 The Code includes provisions on copyright 
infringement (Article 131), production and trade in 
counterfeits (Articles 156-158), deceptive practices 
(Article 162), false adver tising (Article 168), and 
infringement of industrial property rights (Article 171).  Acts of wilful trademark counterfeiting and copyright piracy on a 
commercial scale are considered crimes under 
Articles 156-158 of the Criminal Code and Article 213 of the 2005 Intellectual Property Law.  Article 41 provides for the confiscations of articles directly related to crime, i.e. including materials and implements used for production of the IPR 
infringing goods. 
 
Criminal Procedures Code  
 Date of adoption: 26 November 2003 
 
Date of entry into force: 1 July 2004  The Code provides for basic principles in criminal 
proceedings, the orders and procedures for initiating criminal proceedings, investigation, prosecution, 
judgement and enforcement of criminal cases, 
including cases related to intellectual property.  
  
__________