GEOGRAPHICALINDICATRION
IN VIETNAM
Vu Manh Hung (Mr.)
LawyerIntellectual Property Attorney
Of VUGIA&PARTNERS
Prof. Tran Van Nam
Dean of Faculty of Law
National Economics University

Manila, March 2019Vu Manh Hung (Mr.)
LawyerIntellectual Property Attorney

Founder of VUGIA&PARTNERS LAW FIRMIntellectual Property Agency (VIETNAM)

Member of the Executive Committee of Vietnam
Innovation Association
Member of Vietnam Lawyer Bar
Member of Vietnam Intellectual Property Association

• VIETNAM• Tropical Country– Humid Subtropical– monsoon tropical– Tropical savanna• Agricultural country• Vietnam has many agricultural products

VIETNAM agricultural products:
1 . Rice
2. Fruit
3. Tea4. Café….

Number of GI application(granted)
7
65
4
3
2
10Applications

20012002
2003
2004
2005
2006
20072008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018

Number of protected GIs in Vietnam
70
60
50
40

Vietnam
Foreigns

30
20
1001/31/2019

Vietnam: 65
Foreign:
Total:

06
71

AFTA: 172

Roles of Geographical indications• Geographical indications play an importantrole in building a brand for agricultural
products, enhancing the value and efficiencyof production in rural areas.
• The management of GIs is a decisive factor topromote the GIs development

State’s role on GIs management• The GIs management is linked to themanagement of state owned assets.
• Accordingly, the State plays the role of theplayer, while the collective organization has
only a coordinating role and is not conscious

Challenges• GIs is defined as state ownership, in which thestate is the owner, leading to a fuzzy role ofcollective organizations. Burden still left on
local management agencies in the province.
• it is necessary to change the approach,transfer the state-owned GIs to the common
ownership of the community, develop policies
in the direction of community asset
management.

Labling of Gis products• Dragon fruit

Application No.:
Grant date:
Provine:Applicant:Address:

6-2004-00003
15.11.2006
Binh Thuan
Binh Thuan Dragon Fruit Association
Phan Thiet City, Binh Thuan Provice

Dragon fruits in Binh Thuan Province• supervision

SSourse: So KHCN tỉnh Bình Thuận

Independent control of GIs• The GIs Control Board established by thePeople's Committee of Binh Thuan Province• receiving and evaluating the application filefor GI usage,• Issuing stamp of Gis for enterprises and otherusers• Frequency of control is 1 time / year.
• The cost of control is extracted mainly fromthe budget of Binh Thuan provinceMembers of the Board of Supervisors• leaders of Department of Agriculture andRural Development,• officials of Department of Agriculture andRural Development,• representative of Binh Thuan Dragon Fruit
Association,• representatives of production dragon fruit
trading.

Outcome• By 2015, the Department of Science andTechnology of Binh Thuan province has issued 72
certificates of GIs use right, with a total area of1724.1 ha.
• The output of Binh Thuan dragon fruits is over
500,000 tons/year,• the revenue from 3000-5000 billion/ year, of
which the export turnover is over 10 million
USD/year.
• 29 millions stamps [labeling] have been issued

Shortcoming(s)• The Independence control of Binh Thuandragon fruit GIs is mainly based on theassessment of certificates of good agricultural
practice (Vietgap & Globalgap).
• The labeling of dragon fruits in Binh Thuan is
not as economically feasible as expected by
the producers in the domestic market.

Internal supervision of GIs• Binh Thuan dragon fruit association isresponsible for– periodic inspection of the dragon fruit cultivation,– assisting the Independent Control Board inappraising and sending experts.
– assisting the appraisal of the dossier forregistration of the right to Gis usage.
– However, the role of the association in the processof managing the cluster is still not essential.

GIs collective organizations• weak performance of GIs collectiveorganizations• community participation is not promoted,• so the role and capacity of the collective
organization does not meet the requirementsof GIs management

Lack of active participation in GIsmanagement• Currently, Gis are considered as responsibilityof the government• Need to assign Gis management to thebusiness sector, in line with its management
and capacity

What to do? (1)• connecting local authorities, businesses,people in the geographical area, to improveunderstanding of geographical indications andrelated issues for people• promote all the roles and capacities ofcollective organizations, businesses andpeople.

What to do? (2)• Amend the Law on Intellectual Property,putting the GIs into the common property ofthe community,• stipulating the objectives, principles andcontents of Gis management at the nationallevel;• In the immediate future, guidelines should be
developed for GIs management for localities.

What to do? (3)• Manage the use of GIs on the principle of"open", the state only plays the role ofmonitoring and supervision;• Improving the effectiveness of activities using
geographical indications of organizations,individuals and efficiency in regional
association activities to develop key products
of inter-provincial and inter-regions