According to Article 6 of Circular No. 10/2026/TT-BKHCN regulations on methods for submitting applications for procedures related to industrial property rights and filing complaints are as follows:
(1) Applicants and complainants may themselves, or through their lawful representatives in Vietnam, submit applications for procedures related to industrial property rights or file complaints in accordance with Clauses 1 and 2 Article 89, Clause 2 Article 119a of the Law on Intellectual Property, and this Article.
(2) Lawful representatives of individuals as prescribed in (1) and Articles 89 and 119a of the Law on Intellectual Property are determined as follows:
- For Vietnamese individuals, and foreign individuals residing permanently or having production or business establishments in Vietnam, lawful representatives include: legal representatives or authorized representatives; authorized industrial property representative service organizations;
- For foreign individuals not residing permanently in Vietnam or not having production or business establishments in Vietnam, the lawful representative shall be an authorized industrial property representative service organization.
(3) Lawful representatives of organizations as prescribed in (1) and Articles 89 and 119a of the Law on Intellectual Property are determined as follows:
- For Vietnamese organizations, lawful representatives include: representative offices or branches in Vietnam; authorized industrial property representative service organizations;
- For foreign organizations having production or business establishments in Vietnam, lawful representatives include: representative offices or branches in Vietnam, or wholly foreign-owned enterprises in Vietnam of such foreign organizations, established in accordance with the law on investment; authorized industrial property representative service organizations;
- For foreign organizations not having production or business establishments in Vietnam, the lawful representative shall be an authorized industrial property representative service organization.
(4) Vietnamese individuals and foreign individuals permanently residing in Vietnam who submit applications for procedures related to industrial property rights or file complaints by themselves in accordance with Clause 1 Article 89 and Clause 2 Article 119a of the Law on Intellectual Property shall do so by signing in their own name on the application form.
(5) Vietnamese organizations and foreign organizations having production or business establishments in Vietnam that submit applications for procedures related to industrial property rights or file complaints by themselves in accordance with Clause 1 Article 89 and Clause 2 Article 119a of the Law on Intellectual Property shall do so through their legal representatives or persons within the organizations authorized by their legal representatives.
(6) In the course of carrying out relevant procedures, the Intellectual Property Office of Vietnam shall only transact with the applicant, the complainant, or the lawful representatives of the applicant or complainant as prescribed in (2), (3), (4), and (5). Such transactions with the aforementioned entities are hereinafter collectively referred to as transactions with the applicant or complainant.
Circular No. 10/2026/TT-BKHCN comes into force as of April 1, 2026.
>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE
Above are the summary and notification of new documents for customers of THU VIEN PHAP LUAT. For more information, please send an email to [email protected].
762