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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 100/2026/ND-CP
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Hanoi, March 31, 2026
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DECREE
AMENDMENTS
TO DECREE NO. 65/2023/ND-CP DATED AUGUST 23, 2023 OF GOVERNMENT OF VIETNAM ON
ELABORATION ON SEVERAL ARTICLES AND IMPLEMENTATION MEASURES OF LAW ON
INTELLECTUAL PROPERTY REGARDING INDUSTRIAL PROPERTY RIGHTS, PROTECTION OF
INDUSTRIAL PROPERTY RIGHTS, RIGHTS TO PLANT VARIETIES, AND STATE MANAGEMENT OF
INTELLECTUAL PROPERTY, AMENDED BY DECREE NO. 15/2026/ND-CP DATED JANUARY 14,
2026 AND DECREE NO. 33/2026/ND-CP DATED JANUARY 21, 2026 OF GOVERNMENT OF
VIETNAM
Pursuant to the Law on Government Organization No. 63/2025/QH15;
Pursuant to the Law on Intellectual Property No. 50/2005/QH11, amended
by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15, Law No.
93/2025/QH15, and Law No. 131/2025/QH15;
At the request of the Minister of Science and Technology of Vietnam;
sThe Government of Vietnam hereby promulgates the Decree on
amendments to Decree No. 65/2023/ND-CP dated August 23, 2023 of the Government
of Vietnam on elaboration on several articles and implementation measures of
Law on Intellectual Property regarding industrial property rights, protection
of industrial property rights, rights to plant varieties, and state management
of intellectual property, amended by Decree No. 15/2026/ND-CP dated January 14,
2026 and Decree No. 33/2026/ND-CP dated January 21, 2026 of the Government of
Vietnam.
Article 1. Scope
1.
This Decree elaborates on several articles of
Law No. 131/2025/QH15 on amendments to the Law on Intellectual Property
regarding industrial property, protection of industrial property rights, rights
to plant varieties, and state management of intellectual property, including:
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b)
Clause 3 Article 1 on the termination of the exercise of intellectual property
rights in cases where a subject matter has multiple intellectual property
rights arising or established;
c)
Clause 5 Article 1 on the management and utilization of intellectual property
rights;
d)
Clause 6 Article 1 on digital transformation in intellectual property
activities;
dd)
Clause 24 Article 1 on security control of inventions before the submission of
registration applications abroad;
e)
Clause 33 Article 1 on registration applications for secret inventions;
g)
Clause 44 Article 1 on expedited substantive examination of invention
registration applications and trademark registration applications;
h)
Clause 53 Article 1 on dossiers for registration of contracts for use of
industrial property subject matters, and the procedures for receipt and
processing of such dossiers;
i)
Clause 54 Article 1 on examinations of professional qualifications in
industrial property representation, and the grant and re-grant of certificates
of qualification for industrial property representation services;
k)
Clause 55 Article 1 on the procedures for recording and removal of names of
industrial property representatives, and revocation of certificates of
qualification for industrial property representation services;
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m)
Clause 67 Article 1 on the destruction of goods bearing counterfeit trademarks.
2.
This Decree provides for specific measures to
organize and guide the implementation of the Law on Intellectual Property
regarding:
a)
Assurance of funding and other necessary resources for state management of
intellectual property as prescribed in Article 11a of the Law on Intellectual
Property;
b)
Other contents including: state management of intellectual property, protection
of industrial property rights and rights to plant varieties, management of
geographical indications, and administrative procedures concerning industrial
property rights and rights to plant varieties.
Article 2. Addition of Clause 1a before Clause 1 and
amendments to Clause 1 Article 1
“1a.
State management of intellectual property, and measures to encourage and promote
industrial property activities.
1.
Establishment, right holders, contents, and
limitations of industrial property rights; transfer of industrial property
rights; industrial property representatives.”.
Article 3. Amendments to Article 3, and annulment of several
clauses of Article 3
1.
Addition of Clauses 2a and 2b after Clause 2:
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2b.
“Duplicate of certificate of registration of transfer contract of subject
matter of industrial property rights” refers to a duplicate copy of the
certificate of registration of transfer contract of subject matter of
industrial property rights provided to the other party to the contract, fully
displaying information of such certificate and bearing the indication
“Duplicate”.”.
2.
Amendments to Clause 26 and addition of Clause
27 after Clause 26:
“26.
“Law on Intellectual Property” refers to the Law on Intellectual Property No.
50/2005/QH11, amended by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No.
07/2022/QH15, Law No. 93/2025/QH15, and Law No. 131/2025/QH15.
27.
“Intellectual property right protection
authorities” are authorities competent to handle acts of infringement on
intellectual property rights as prescribed in Article 200 of the Law on
Intellectual Property, including the Courts, Customs Authorities, People’s Public
Security Forces, Market Surveillance Forces, People’s Committees at all levels,
and agencies performing state management of intellectual property rights whose
Directors or certain titles therein are competent to impose administrative
penalties in accordance with the law on handling of administrative violations.”.
3.
Clauses 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14, 15, 16, 17, and 18 are annulled.
Article 4. Amendments to Point e Clause 1 Article 5
“e)
Developing databases and shared digital platforms serving state management of
intellectual property, including protection of intellectual property rights and
information on intellectual property transaction prices; establishing networks
for connection, sharing, and integration of data with People’s Committees of
provinces and centrally affiliated cities, organizations managing geographical
indications, intellectual property right protection authorities, innovation
centers, and other relevant agencies and organizations.”.
Article 5. Addition of Article 5a after Article 5
“Article 5a. Assurance of funding and other necessary resources for
state management of intellectual property
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1.
Annual administrative management funding
allocated for the implementation of the autonomy mechanism. For administrative
organizations performing the function of state management of intellectual
property that have not yet been assigned staffing quotas by competent
authorities or have not been assigned sufficient staffing quotas, the
administrative funding for implementation of the autonomy mechanism shall be determined
based on the actual number of working persons at the time of preparation of the
state budget estimate, or based on staffing quotas and employees actually
present at the time of preparation of the annual state budget estimate.
2.
Regular administrative management funding
beyond the norms for processing activities related to industrial property
applications shall be allocated in the state budget expenditure estimate,
corresponding to revenues from industrial property fees collected annually. Such funding includes
expenditures on remuneration paid to individuals processing industrial property
applications; expenditures on maintenance, operation, and regular upgrading of
information technology systems, search tools, and databases on industrial
property; procurement of supplies and materials serving the processing of
industrial property applications; leasing, repair, maintenance, and regular
servicing of assets, machinery, and equipment serving the processing of
industrial property applications; expenditures serving the provision of
services and collection of industrial property fees; and other related
expenditures.
3.
Additional funding beyond the annual norms for
activities within the framework of committees, subcommittees, and working
groups under international treaties on intellectual property or containing
intellectual property-related content to which the Socialist Republic of
Vietnam is a signatory; international cooperation in processing industrial
property registration applications; and support for organizations and
individuals in the protection of intellectual property rights.
4.
Allocation of staffing quotas of civil servants
and public employees by competent authorities for the performance of state
management functions of intellectual property in accordance with the specific
conditions of such activities.
5.
Administrative organizations performing the
function of state management of intellectual property shall exercise autonomy
and take responsibility for the management and use of the funding prescribed in
Clauses 1 and 2 of this Article in accordance with Decree No. 130/2005/ND-CP
dated October 17, 2005 of the Government of Vietnam, amended by Decree No.
117/2013/ND-CP dated October 7, 2013. In case the legislative documents referred
to in this Clause are amended, supplemented, or replaced, the amended,
supplemented, or replaced documents shall apply.”.
Article 6. Amendments to clauses of Article 6
1.
Amendments to Clause 5:
“5.
Organize the establishment of industrial property rights, registration of
contracts for transfer of industrial property rights, and the performance of
assigned procedures related to the protection titles of industrial property
rights.”.
2.
Addition of Clause 6a after Clause 6:
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3.
Amendments to Clauses 8, 9, and 10:
“8.
Manage industrial property assessment activities.
9.
Inspect compliance with the law on industrial
property, settle complaints and denunciations, and handle violations of the law
on industrial property.
10.
Organize information and statistical activities
on industrial property; manage and organize the implementation of activities
related to databases on industrial property.”.
4.
Amendments to Clause 12:
“12.
Manage industrial property representation activities.”.
Article 7. Addition of Point d1 after Point d Clause 1
Article 9
“d1)
Organize the performance of administrative procedures and other assigned
activities on industrial property in accordance with the law;”.
Article 8. Addition of Article 9a after Article 9
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1.
Owners of intellectual property rights shall
prepare and maintain a list of intellectual property rights that do not yet
meet the conditions for recognition as assets in accounting books in accordance
with accounting laws, for use in the following internal management purposes:
a)
Manage and monitor the legal status of intellectual property rights;
b)
Serve as a basis for valuation and determination of the value of intellectual
property rights in civil and commercial transactions and other legal purposes;
c)
Provide information evidencing resources, reputation, and potential of
enterprises to partners and investors;
d)
Develop strategies for the utilization of intellectual property rights;
dd)
Other activities not prohibited by law.
2.
The list of intellectual property rights
prescribed in Clause 1 of this Article shall be prepared in physical or electronic
form, including the following basic information:
a)
Subject matters of intellectual property rights;
b)
Legal status of intellectual property rights (grounds for arising and
establishment of rights); term of protection; deadlines for fulfillment of
obligations regarding fees and charges (if any), etc.;
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d)
Origin of creation (self-created, inherited, gifted, etc.);
dd)
Direct costs related to creation, registration, and establishment of rights;
e)
Status of use and utilization (self-utilization, transfer of use rights, etc.);
value obtained from use and utilization (if any);
g)
Estimated value (as determined by pricing organizations, experts, or internal
estimation) (if any).
3.
The preparation of the list of intellectual
property rights prescribed in Clause 1 of this Article shall not replace
obligations regarding recognition and presentation in financial statements in
accordance with accounting laws.
4.
Owners of intellectual property rights shall review
and update the list of intellectual property rights prescribed in Clause 1 of
this Article annually or upon any change in the legal status or value of such
rights.
5.
Ministries, central authorities, and local
authorities shall, within their functions and tasks, implement activities to
encourage organizations and individuals to utilize intellectual property
rights, including the use of intellectual property rights as capital
contribution or as collateral for loans in accordance with the law; provide support
for pricing of intellectual property rights created from the state budget,
intellectual property rights in sectors concerning strategic technology, high
technology, green technology, and intellectual property rights of small and
medium-sized enterprises and start-ups based on intellectual property rights
consistent with sectoral and local development strategies; and promote the
establishment and development of intermediary organizations supporting
activities of development, utilization, and use of intellectual property rights.
Article 9. Addition of Article 9b after Article 9a
“Article 9b. Database on industrial property
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2.
The database on industrial property includes
bibliographic information and full-text information (if any), selectively and
systematically compiled, suitable for search purposes, relating to:
a)
Applications for registration of industrial property;
b)
Granted protection titles and industrial property rights recognized or accepted
for protection in Vietnam.
3.
The storage infrastructure for the database on industrial
property and the implementation of the activities prescribed in Clauses 1 and 2
of this Article shall comply with laws on data, state secret protection,
information confidentiality, information accessibility, cybersecurity, and
other relevant laws.”.
Article 10. Addition of Article 9c after Article 9b
“Article 9c. Geographical indication management information system
1.
The geographical indication management
information system is an information system developed to manage, monitor,
update, and utilize information related to the management and use of
geographical indications in accordance with the law on intellectual property.
2.
The Ministry of Science and Technology of
Vietnam shall develop and manage the geographical indication management information
system, ensuring connection and data sharing with information systems and
databases on registration of industrial property and other relevant systems.
3.
The geographical indication management
information system includes the following information:
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b)
Information on organizations managing geographical indications, and
organizations and individuals granted the right to use geographical indications;
c)
Information on regulations on the management and use of geographical
indications;
d)
Information on activities of control over the use of geographical indications
in accordance with regulations;
dd)
Other information serving the management of geographical indications.
4.
Organizations managing geographical indications
shall update information related to the management and use of geographical
indications into the geographical indication management information system. The
utilization and use of information in such a system shall be for proper
purposes and within proper jurisdiction; ensure accuracy, timeliness,
information safety, and data confidentiality, and shall not give rise to
rights, obligations, or powers beyond those prescribed by law.”.
Article 11. Addition of Article 9d after Article 9c
“Article 9d. Database on intellectual property transaction prices
1.
The database on intellectual property
transaction prices is a centralized nationwide electronic data system on the
value of legal transactions related to intellectual property rights, including
transfers of ownership, transfers of use rights, mortgages, capital
contributions, and other forms of commercial utilization. This database
includes the following basic information:
a)
Type of subject matter of intellectual property rights;
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c)
Type of transaction (transfer, use right transfer, mortgage, capital
contribution, etc.);
d)
Transaction price;
dd)
Time of transaction;
e)
Legal status of intellectual property rights;
g)
Other reference information serving the pricing and utilization of intellectual
property rights.
2.
The Ministry of Science and Technology of
Vietnam shall take charge and cooperate with ministries, central authorities,
and local authorities in constructing, managing, operating, maintaining, and
developing the database on intellectual property transaction prices.
3.
The updating of information into the database
on intellectual property transaction prices shall be the responsibility of the
following authorities in accordance with their scope of state management:
a)
The Ministry of Culture, Sports and Tourism of Vietnam and the Ministry of
Agriculture and Environment of Vietnam shall update relevant information prescribed
in Clause 1 of this Article arising during the performance of administrative
procedures under their jurisdiction;
b)
People’s Committees of provinces and centrally affiliated cities shall update
relevant information prescribed in Clause 1 of this Article arising during the
performance of administrative procedures under their jurisdiction;
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4.
The storage infrastructure for the database on
intellectual property transaction prices and the implementation of activities
prescribed in this Article shall comply with laws on data, state secret
protection, information confidentiality, information accessibility,
cybersecurity, and other relevant laws.”.
Article 12. Addition of Article 9dd after Article 9d
“Article 9dd. Automation of procedures and operations for protection of
intellectual property rights
1.
Intellectual property right protection
authorities shall, based on their assigned
functions and tasks, invest in, develop, and implement systems for automation
of procedures and operations in activities of control, detection, and handling
of acts of infringement on intellectual property rights, aiming to:
a)
Automatically detect, monitor, and track acts of infringement on intellectual
property rights in cyberspace through the application of digital technologies,
big data analytics, and behavioral analysis;
b)
Handle acts of infringement on intellectual property rights in cyberspace
within their jurisdiction, including requesting removal of infringing content,
suspension or restriction of infringing accounts, and cooperation in handling
cases involving foreign elements through international cooperation and
connection mechanisms in accordance with the law and international treaties to
which Vietnam is a signatory;
c)
Assign access rights, maintain operation logs, and periodically inspect system
quality to prevent errors or unauthorized interference.
2.
Intellectual property right protection
authorities shall intensify investment in the
application of science, technology, and digital transformation in procedures
and operations for the protection of intellectual property rights to improve
the effectiveness of the prevention, detection, and handling of acts of
infringement.
3.
The scope of automation of procedures and
operations for the protection of intellectual property rights includes receipt
and classification of information and cases; comparison of data on intellectual
property rights in databases; activities concerning warning, statistics,
reporting; support for data extraction for inspection and handling; and other
related activities.
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Article 13. Addition of Article 9e after Article 9dd
“Article 9e. Database on protection of intellectual property rights
1.
The database on protection of intellectual
property rights includes data on disputes and acts of infringement on
intellectual property rights that have been handled, types of subject matters
of intellectual property rights infringed, handling results, status of
enforcement of handling results, related information arising during the
handling process (if any), and information on intellectual property right
protection authorities.
2.
The development of a centralized database aims
to collect, standardize, manage, and utilize information to serve the
monitoring, support, and cooperation in the protection of intellectual property
rights, contributing to improving the effectiveness of state management of
intellectual property and protection of legitimate rights and benefits of right
holders, and shall comply with the following regulations:
a)
The management, utilization, and use of information shall comply with laws on
intellectual property, information technology, cybersecurity, personal data
protection, and other relevant laws;
b)
Assurance of uniformity, synchronization, and interoperability among competent
authorities in the protection of intellectual property rights;
c)
Digital data shall be considered as the foundation, and digital technologies
shall be applied to enhance efficiency, transparency, and traceability in the
protection of intellectual property rights;
d)
Information shall only be collected and updated into the database on protection
of intellectual property rights after verification to ensure authenticity,
legality, and accuracy;
dd)
Information collected and updated into the database on protection of intellectual
property rights shall be fully stored, clearly indicating contents, reasons,
and the intellectual property right protection authority performing updates,
modifications, or adjustments.
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a)
Develop, update, provide, connect, and share information on handled cases of
infringement on intellectual property rights in accordance with the law with
relevant agencies and organizations, ensuring proper purposes, jurisdiction,
and information safety;
b)
Provide guidance on the management, connection, and data sharing within their
scope of management;
c)
Monitor, urge, assess, and inspect the connection and sharing of data among
authorities, and advise heads of agencies in resolving difficulties and
obstacles related to management, connection, and data sharing.
4.
The storage infrastructure for the database on
protection of intellectual property rights and the implementation of the
activities prescribed in this Article shall comply with laws on data, state
secret protection, information confidentiality, information accessibility,
cybersecurity, and other relevant laws”.
Article 14. Addition of Article 9g after Article 9e
“Article 9g. Termination of exercise of intellectual property rights
1.
A subject matter having multiple intellectual
property rights established or arising as prescribed in Article 6 of the Law on
Intellectual Property is a case where a subject matter, as a result of creative
activity, simultaneously satisfies conditions for protection under multiple
types of intellectual property rights.
2.
The exercise of intellectual property rights
arising later or established later (hereinafter referred to as “subsequent
intellectual property rights”) with respect to the subject matter prescribed in
Clause 1 of this Article shall be deemed to conflict with the normal
utilization of intellectual property rights of another party arising earlier or
established earlier (hereinafter referred to as “prior intellectual property
rights”) in the following cases:
a)
The exercise of subsequent intellectual property rights significantly reduces
the economic value or commercial utilization capacity of prior intellectual
property rights;
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c)
The exercise of subsequent intellectual property rights prevents or restricts
holders of prior intellectual property rights from exercising their legal
property rights;
d)
The exercise of subsequent intellectual property rights affects moral rights of
holders of prior intellectual property rights (where prior intellectual
property rights include moral rights).
3.
The conflict between the exercise of subsequent
intellectual property rights and the normal utilization of prior intellectual
property rights prescribed in Clause 2 of this Article must be proven by
specific evidence.
4.
In cases of conflicts between the exercise of
subsequent intellectual property rights and the exercise of prior
intellectual property rights as prescribed in Clause 2 of this Article,
handling shall be based on the following principles:
a)
Subsequent intellectual property rights shall only be subject to termination of
exercise to the extent necessary to eliminate the conflict, without affecting
non-conflicting parts (if any);
b)
Termination of the exercise of subsequent intellectual property rights shall
not terminate the validity of the protection title (if any), but only restrict
the exercise of rights within the conflicting scope;
c)
Termination of the exercise of intellectual property rights under this Article
shall only apply within the protection term of the prior intellectual property
rights.
5.
The authority to decide the termination of the
exercise of rights and procedures for requesting termination of the exercise of
intellectual property rights prescribed in this Article shall comply with the
law on procedures.
6.
The initiation of procedures requesting the
Court to compel termination of intellectual property rights, as prescribed in
Clause 4 Article 7 of the Law on Intellectual Property, shall also be
considered a measure to protect intellectual property rights.”.
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“Article 10a. Rights to subject matters of industrial property rights
created using artificial intelligence systems
1.
Industrial property rights to inventions, industrial designs, and layout designs
created by humans using artificial intelligence systems shall only be
established in accordance with Point a Clause 3 Article 6 of the Law on
Intellectual Property if humans make significant contributions to the creation
of such subject matters.
A
person making significant contributions to the creation of inventions,
industrial designs, or layout designs using artificial intelligence systems
shall be considered an author as prescribed in Clause 1 Article 122 of the Law
on Intellectual Property.
2.
A human shall be deemed to have made
significant contributions to the creation of inventions, industrial designs, or
layout designs using artificial intelligence systems, where such person
performs all of the following activities:
a)
Identifying the problem to be solved, including the idea of the solution, not
merely a general description of the problem;
b)
Selecting input data, objectives, constraints, and parameters based on human
creative ideas, not solely relying on available data or automated suggestions
from the artificial intelligence system;
c)
Assessing, selecting, refining, testing (if any), and interpreting results
generated by the artificial intelligence system, where refinement must alter
the core structure or function of the system-generated result to create new
value;
d)
Deciding the final result as the invention, industrial design, or layout design
for which protection is sought.
3.
For inventions, industrial designs, and layout
designs created using artificial intelligence systems that do not meet the
conditions specified in Clauses 1 and 2 of this Article, the creator shall have
the right to use or permit others to use such inventions, industrial designs,
or layout designs, provided that such use does not infringe upon the legitimate
rights and benefits of other organizations or individuals.
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Article 16. Amendments to Article 14
“Article 14. Procedures for security control of inventions
1.
Inventions falling within the list of state
secrets in technical fields affecting national defense and security, created in
Vietnam and subject to registration rights of individuals being Vietnamese
citizens permanently residing in Vietnam or organizations established under the
law of Vietnam, shall only be permitted to submit invention registration
applications abroad upon approval by the Ministry of National Defense of
Vietnam or the Ministry of Public Security of Vietnam in accordance with Clause
3 of this Article.
2.
The Ministry of National Defense of Vietnam and
the Ministry of Public Security of Vietnam shall designate authorities
responsible for receiving and processing requests for permission to submit
invention registration applications prescribed in Clause 3 of this Article.
3.
For inventions prescribed in Clause 1 of this
Article, individuals and organizations shall submit applications for permission
to submit invention registration applications abroad as follows:
a)
Individuals and organizations shall submit applications in person to competent
authorities of the Ministry of National Defense of Vietnam or the Ministry of
Public Security of Vietnam, or by post. The application includes 1 set of the
following documents:
a1)
Declaration requesting permission to submit invention registration applications
abroad, made according to Form No. 25 in Appendix I of this Decree;
a2)
Description of the invention intended for registration abroad;
a3)
Document determining that the invention constitutes a state secret in
accordance with the law on protection of state secrets;
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a5)
Other supporting documents (if any).
b)
In case the application is valid, the competent authority of the Ministry of
National Defense of Vietnam or the Ministry of Public Security of Vietnam shall
receive the application and issue a receipt, specifying the date of receipt,
the list of documents, and the full name and signature of the receiving officer.
In
case the application lacks any document prescribed in Point a of this Clause,
the competent authority shall refuse to receive the application or issue a
written notice of refusal (for applications submitted by post), specifying the
reasons for refusal.
c)
The competent authority of the Ministry of National Defense of Vietnam or the
Ministry of Public Security of Vietnam shall appraise the application within a
period not exceeding 30 days from the date of receipt.
c1)
In case the application has deficiencies or incomplete information, the
competent authority of the Ministry of National Defense of Vietnam or the
Ministry of Public Security of Vietnam shall issue a written notice requesting
amendment, supplementation, or clarification within 30 days from the date of
issuance of the notice. Upon expiry of this period, if the applicant fails to
respond or provides an unsatisfactory response, the competent authority shall
issue a decision refusing to consider the request within 30 days from the end
of the prescribed period.
The
competent authority of the Ministry of National Defense of Vietnam or the
Ministry of Public Security of Vietnam may solicit opinions from experts in the
relevant technical field related to the invention during the appraisal process
(where necessary).
c2)
In case the application is valid, based on assessment of risks to national
defense and security, the competent authority of the Ministry of National
Defense of Vietnam or the Ministry of Public Security of Vietnam shall issue a
decision permitting or refusing permission to submit the invention registration
application abroad (specifying reasons for refusal). The decision permitting
the submission may be accompanied by conditions to ensure protection of state secrets,
including limitations on the scope of submission.”.
Article 17. Addition of Article 14a after Article 14
“Article 14a. Expedited substantive examination of invention
registration applications and trademark registration applications
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a)
The invention belongs to the list of strategic technologies and strategic
technology products under the law on high technology, or is researched and
applied for emergencies related to national defense, security, natural
disasters, or epidemics;
b)
The invention has been commercially utilized;
c)
The invention registration application includes a request for early disclosure
submitted at the submission date;
d)
The invention registration application contains no more than 10 claims,
including no more than 2 independent claims;
dd)
The invention registration application is not a divisional application or a
converted application;
e)
Fees for expedited substantive examination are fully paid as prescribed.
2.
A trademark registration application shall be subject
to expedited substantive examination within the time limit prescribed in Clause
2a Article 119 of the Law on Intellectual Property, where all of the following
conditions are met:
a)
The trademark registration application falls into one of the following cases:
a1)
The trademark is used for goods produced under an invention belonging to the
list of strategic technologies and strategic technology products under the law
on high technology, or inventions applied in emergencies related to national
defense, security, natural disasters, or epidemics;
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b)
The trademark registration application is submitted in person to the industrial
property right authority (not an international application under Article 120 of
the Law on Intellectual Property);
c)
The trademark is not a collective trademark, certification trademark,
three-dimensional trademark, or sound trademark;
d)
Where the trademark registration application covers multiple goods or services,
the condition prescribed in Point a must be met for all such goods or services;
dd)
Fees for expedited substantive examination are fully paid as prescribed.
3.
Requests for expedited substantive examination
of invention registration applications or trademark registration applications
shall be made in writing according to prescribed forms and submitted
simultaneously with the submission of such applications.
4.
Invention registration applications or trademark registration applications with requests for
expedited substantive examination shall continue to be processed under the time
limits prescribed in Points a and b Clause 2 Article 119 of the Law on
Intellectual Property in the following cases:
a)
The request does not meet the conditions prescribed in Clauses 1 and 2 of this
Article;
b)
Disputes, complaints, or oppositions arise under Article 112a of the Law on
Intellectual Property;
c)
The sign in the trademark registration application is identical with or
confusingly similar to that in another earlier-submitted application enjoying
priority rights that has not yet been processed;
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5.
The Minister of Science and Technology of
Vietnam shall prescribe forms for requests for expedited substantive
examination and elaborate on the receipt and processing of such requests for
invention registration applications and trademark registration applications.”.
Article 18. Addition of Article 15a after Article 15
“Article 15a. Methods for organizations and individuals to submit
dossiers, receive results of administrative procedure settlement, and authorize
representatives to carry out administrative procedures
1.
The submission of dossiers and receipt of
results of administrative procedure settlement prescribed in this Decree shall
comply with the law on intellectual property and other relevant laws.
2.
Results of administrative procedure settlement
shall be digitally signed and issued in accordance with the law on clerical
work to provide electronic copies to organizations and individuals, except
where organizations or individuals request issuance of converted copies from
electronic versions.
Templates
of protection titles for subject matters of industrial property rights as a
result of administrative procedure settlement are prescribed in Forms No. 38,
39, 40, 41, and 42 in Appendix I of this Decree.
3.
Electronic results of administrative procedure
settlement issued by competent authorities shall have the same legal validity
as paper-based results.
4.
Authorization for representation to carry out
administrative procedures and complaints; lodging of complaints and settlement
of complaints regarding results of administrative procedures on industrial
property prescribed in this Decree shall comply with the guidance on
authorization and regulations on complaints and complaint settlement of the
Minister of Science and Technology of Vietnam, as well as other relevant laws.
Article 19. Amendments to Article 29
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1.
Owners of protection titles may request
People’s Committees of provinces and centrally affiliated cities to issue
duplicates of protection titles and re-issue protection titles or duplicates of
protection titles in the following cases:
a)
Where industrial property rights are under joint ownership, the protection
title shall only be issued or re-issued to the first person listed among the joint
applicants. Other co-owners may request the issuance of duplicates of
protection titles, unless such a request has already been made in the
declaration form for registration of industrial property subject matters,
provided that fees and charges are paid as prescribed.
b)
Where the protection title or the duplicate of the protection title is lost or
damaged, torn, soiled, faded to the extent of being unusable, or detached so
that the seal is no longer intact, the owner of industrial property rights with
an issued protection title or duplicate of the protection title may submit a
written request to the People’s Committee of the province or centrally
affiliated city for re-issuance of the protection title or the duplicate of the
protection title, provided that fees and charges are paid as prescribed.
c)
Where it is discovered that the trademark sample in the certificate of
trademark registration contains an image of the map of Vietnam that does not
properly represent national sovereignty or boundaries in accordance with the
law on the use of the map of Vietnam, the owner may request the People’s
Committee of the province or centrally affiliated city to re-issue the
protection title or the duplicate of the protection title to ensure proper
representation, without payment of fees or charges.
Where
such an inconsistency is discovered, the People’s Committee of the province or
centrally affiliated city shall request the owner of the protection title to
submit a new trademark sample for re-issuance of the protection title or the
duplicate of the protection title to ensure proper representation of the map of
Vietnam, without collecting fees or charges.
2.
A request for issuance of duplicates of
protection titles or re-issuance of protection titles or duplicates of protection
titles shall be made in writing and include 1 set of the following documents:
a)
Declaration requesting the issuance of duplicates of protection titles or
re-issuance of protection titles or duplicates of protection titles, made
according to Form No. 13 in Appendix I of this Decree;
b)
Trademark samples, sets of photographs, or sets of drawings of industrial
designs identical to those in the original protection title, in accordance with
criteria and standards prescribed by the Minister of Science and Technology of
Vietnam (for physical dossiers, 2 trademark samples must be submitted);
c)
Original or certified copy of the letter of authorization (where the request is
submitted through a representative). Where the letter of authorization covers multiple
independent procedures and its original has been submitted to the People’s
Committee of the province or centrally affiliated city where the registration
procedure is carried out, the applicant may submit a copy together with a
precise reference to the application number containing the original in the
declaration;
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3.
A written request for issuance of duplicates of
protection titles or re-issuance of protection titles or duplicates of
protection titles shall be deemed invalid in the following cases:
a)
The written request does not contain documents prescribed in Clause 2 of this
Article or contains invalid documents;
b)
The applicant fails to pay sufficient fees and charges as prescribed;
c)
At the time of submitting the written request for re-grant, the protection
title has not been lost as declared;
d)
The applicant for re-issuance is not the first owner among co-owners, or the
applicant for issuance of a duplicate of the protection title is not among the
remaining co-owners (in cases of joint ownership).
4.
Processing of requests for issuance of
duplicates of protection titles or re-issuance of protection titles or
duplicates of protection titles:
a)
Where the written request is valid, within 30 days from receipt, the People’s
Committee of the province or centrally affiliated city shall issue a decision
to issue the duplicate of the protection title or re-issue the protection title
or the duplicate of the protection title;
b)
The duplicate of the protection title must fully reflect the contents of the
corresponding protection title and bear the indication “Duplicate”. Re-issued
protection titles or duplicates of protection titles must fully reflect the
contents of the currently valid title and all amendments and supplements up to
the time of re-issuance and bear the indication “Re-issued copy”. Such
documents shall follow Forms No. 19, 20, 21, 22, and 23 in Appendix I of this
Decree, corresponding to each type of protection title.
The
People’s Committee of the province or centrally affiliated city shall send
information on decisions to issue duplicates of protection titles or re-issue
protection titles or duplicates of protection titles to the industrial property
right authority within 8 working days from the date of issuance. Within 30 days
from receipt, the industrial property right authority shall disclose such
information in the Industrial Property Official Gazette and record it in the
National Register of Industrial Property in accordance with regulations;
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d)
Where the applicant fails to remedy deficiencies, does not object, or provides
insufficient remedy or unsatisfactory objections, within 30 days from the
expiry of the time limit prescribed in Point c of this Clause, the People’s
Committee of the province or centrally affiliated city shall issue a decision
refusing the issuance of duplicates of protection titles or re-issuance of protection
titles, specifying the reasons;
dd)
Where the protection title has been terminated, invalidated, or expired as
prescribed by regulations, the People’s Committee of the province or centrally
affiliated city shall notify the termination of the processing of the request
for issuance of the duplicate of the protection title or re-issuance of the
protection title or the duplicate of the protection title.
e)
Where it is discovered that the applicant is simultaneously submitting a
request for re-issuance or issuance of the duplicate of the same protection
title to another authority, and no result has yet been issued, the People’s
Committee of the province or centrally affiliated city shall notify the
termination of the processing of the request for issuance of the duplicate of
the protection title or re-issuance of the protection title or the duplicate of
the protection title.
Article 20. Amendments to Clauses 1 and 2 Article 36
“1.
People’s Committees of provinces and centrally affiliated cities shall take
charge and cooperate with the Ministry of Agriculture and Environment of
Vietnam and the Ministry of Industry and Trade of Vietnam in identifying
specialties, characteristics of products, and production processes of
specialties bearing geographical indications under the management scope of
ministries, central authorities, and local authorities, based on local planning.
2.
People’s Committees of provinces and centrally
affiliated cities shall permit the use of geographical names and other signs
indicating geographical origin of local specialties for registration of
collective trademarks and certification trademarks; register or organize the
registration and implement measures to support and promote the registration,
management, protection, utilization, and development of geographical
indications used for specialties and key products of the local areas.”.
Article 21. Amendments to clauses of Article 37
1.
Amendments to Clause 1:
“1.
For geographical indications of Vietnam, agencies and organizations having the
right to manage geographical indications (hereinafter referred to as
“organizations managing geographical indications”) as prescribed in Clause 4
Article 121 of the Law on Intellectual Property include:
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b)
People’s Committees of communes, wards, and special zones under the provincial
level; specialized agencies; and other agencies and organizations under the
management of People’s Committees of provinces and centrally affiliated cities,
assigned, delegated, or authorized to manage geographical indications;
c)
Organizations authorized by People’s Committees of provinces and centrally
affiliated cities where the geographical areas corresponding to the
geographical indications are located to manage such geographical indications,
provided that such organizations represent the interests of all organizations
and individuals granted the right to use the geographical indications as
prescribed in Clause 4 Article 121 of the Law on Intellectual Property.”
2.
Addition of Clause 1a after Clause 1:
“1a.
Determination of organizations managing geographical indications in cases where
a geographical indication covers multiple local areas shall be carried out as
follows:
a)
Where the geographical area corresponding to the geographical indication covers
multiple provinces or centrally affiliated cities, the organization managing geographical
indications shall be a People’s Committee of a province or centrally affiliated
city authorized by other People’s Committees of provinces and centrally
affiliated cities where the geographical area corresponding to the geographical
indication is located to act on their behalf, or all such People’s Committees
jointly, provided that the management is implemented based on a unified
cooperation regulation agreed and promulgated by such People’s Committees;
b)
Where the geographical area corresponding to the geographical indication covers
multiple local areas within a province or centrally affiliated city, the
People’s Committee of such province or centrally affiliated city shall decide
to directly manage or assign, delegate, or authorize agencies or organizations
prescribed in Clause 1 of this Article to manage the geographical indication;
where multiple People’s Committees of communes, wards, and special zones are
assigned, management shall be implemented based on a unified cooperation
regulation agreed and promulgated by such People’s Committees.”.
3.
Amendments to Clause 2:
“2.
Agencies and organizations having the right to manage geographical indications
as prescribed in Clause 1 of this Article are entitled to exercise the rights
of owners of geographical indications as prescribed in Clause 2 Article 123 and
Article 198 of the Law on Intellectual Property.”.
Article 22. Amendments to Clause 2 Article 38
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a)
Regulations on the management of geographical indications are issued to
organize the management, utilization, and use of geographical indications
during the production, processing, and business of products bearing
geographical indications. Such regulations are not legislative documents under
the law on the promulgation of legislative documents;
b)
Regulations include the following principal contents:
b1)
Products bearing geographical indications: product name; description
(characteristics, specific quality, production process, production area, etc.)
consistent with the description of the specific characteristics of the products;
b2)
Recognition of organizations and individuals using geographical indications:
dossiers for recognition include requests, documents proving production
activities of products bearing the geographical indication in the corresponding
geographical area, and other documents (if necessary); examination,
verification, and assessment of authenticity of documents, including compliance
with the description of the specific characteristics of the products bearing
the geographical indication (if necessary), and recording of information of the
organization or individual in the list of organizations and individuals using
geographical indications;
b3)
Mechanism for inspection and control of the use of geographical indications:
contents of inspection and control (geographical origin, characteristics,
specific quality of the product, production process, etc.); plans for
inspection and control; tools and methods for inspection and control; agencies
and organizations carrying out inspection and control, etc.;
b4)
Rights and responsibilities of organizations and individuals using geographical
indications: ensuring maintenance of characteristics, specific quality, and
reputation of products bearing geographical indications; notifying the
organization managing geographical indications to be recorded in the list of
organizations and individuals using geographical indications before use;
reporting to the organization managing geographical indications on the use of
geographical indications on an annual basis, etc.;
b5)
Rights and responsibilities of the organization managing geographical
indications in the management of geographical indications;
b6)
Funding for activities of management of geographical indications;
b7)
Measures to handle violations of the regulations.
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d)
Regulations on the management of geographical indications must not include
contents that unreasonably restrict the legal use of geographical indications
by organizations and individuals producing products bearing geographical
indications.”.
Article 23. Amendments to Clauses 1 and 2 Article 42
“1.
In case the procedures for first-time registration for marketing authorization
of pharmaceuticals are delayed as prescribed in Article 131a of the Law on
Intellectual Property, after the pharmaceutical is granted a marketing
authorization, within 60 days from the time the applicant submits a written
request made according to Form No. 26 in Appendix I of this Decree, the
competent authority for granting marketing authorization of pharmaceuticals
shall issue a certification of the delay in the procedures for registration for
marketing authorization of pharmaceuticals, specifying the duration of the
delay.
2.
In case the owner of an invention patent
submits a written request made according to Form No. 27 in Appendix I of this
Decree, together with a document of the competent authority for granting
marketing authorization of pharmaceuticals certifying that the procedures for
registration for marketing authorization of pharmaceuticals manufactured under
such invention patent are delayed as prescribed in Clause 1 of this Article,
the industrial property right authority shall notify the owner of the invention
patent of the compensation plan and implement one of the following
corresponding measures:
a)
Refrain from collecting fees for use of the invention patent for the period
during which the procedures for registration for marketing authorization of
pharmaceuticals manufactured under such invention patent are delayed in the
course of processing the request for maintenance of validity;
b)
In case the fees for use of the invention patent for such period have already
been paid, deduct the amount already paid in the course of processing the
request for maintenance of validity in the subsequent period;
c)
In case the owner of the invention patent does not continue to maintain
validity or the invention patent has expired, refund the fees for use of the
protection title for the period during which the procedures for registration
for marketing authorization of pharmaceuticals manufactured under such
invention patent are delayed to the owner of the invention patent within 60
days from the date of receipt of a complete dossier as prescribed.”.
Article 24. Amendments to Article 48, and annulment of
several clauses of Article 48
1.
Amendments to Clause 2:
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2.
Clause 3 is annulled.
Article 25. Amendments to Article 56, and annulment of
several clauses of Article 56
1.
Amendments to Article 56:
a)
Amendments to Clauses 1 and 2:
“1.
Applications requesting issuance of decisions on compulsory transfer of invention
use rights shall be submitted according to the following regulations:
a)
Applications falling under Points b, c, and d Clause 1 Article 145 of the Law
on Intellectual Property shall be submitted to People’s Committees of provinces
and centrally affiliated cities;
b)
Applications falling under Points a and dd Clause 1 Article 145 of the Law on
Intellectual Property shall be submitted to ministries or ministerial agencies
managing fields related to the invention;
c)
People’s Committees of provinces and centrally affiliated cities, ministries,
and ministerial agencies shall designate an authority responsible for receiving
and appraising the applications prescribed in this Clause (hereinafter referred
to as the “application appraisal authority”).
2.
Applications requesting issuance of decisions
on compulsory transfer of invention use rights shall be processed within 30
days from the date of receipt of valid applications according to the following
regulations:
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Within
16 working days from the date of receipt of the application appraisal result
report from the application appraisal authority, the People’s Committee of the
province or centrally affiliated city shall consider issuing a decision on
compulsory transfer of invention use rights, or notify refusal, specifying the
reasons;
b)
For applications falling under Points a and dd Clause 1 Article 145 of the Law
on Intellectual Property, within 16 working days from receipt of valid
applications, the application appraisal authorities of ministries or
ministerial agencies shall prepare an application appraisal result report and
request the Minister or Director of the ministerial agency to issue a decision
on compulsory transfer of invention use rights or notify refusal, specifying
the reasons.
Within
16 working days from the date of receipt of the application appraisal result
report from the application appraisal authority, the Minister or the Director
of the ministerial agency shall consider issuing a decision on compulsory
transfer of invention use rights, or notify refusal, specifying the reasons.
Where
the request falls under Point a Clause 1 Article 145 of the Law on Intellectual
Property, ministries or ministerial agencies may issue a decision on
compulsory transfer of invention use rights without requiring opinions from the
exclusive right holder and without requiring negotiation between parties;
c)
Where the request lacks valid grounds under Article 145 of the Law on
Intellectual Property, within 16 working days from receipt, the application
appraisal authority shall report the appraisal results and request the People’s
Committee of the province or centrally affiliated city or the Minister of
Director of the ministerial agency to issue a notice of intended refusal,
specifying the reasons and setting a time limit of 30 days from the date of
notification for the applicant to respond.
The
time allocated for the applicant to remedy deficiencies or submit objections
shall not be included in the application appraisal time limit.”.
b)
Amendments to Clause 4:
“4.
Decisions on compulsory transfer of invention use rights issued by Ministers,
Directors of ministerial agencies, or People’s Committees of provinces and
centrally affiliated cities shall be sent to the receiving party, the holder of
exclusive rights to use the invention, and the industrial property right
authority.
The
industrial property right authority shall record such decisions in the National
Register of Industrial Property and disclose them in the Industrial Property
Official Gazette within 30 days from the date of issuance.”.
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Article 26. Amendments to Article 57
“Article 57. Requests for termination of invention use rights under
compulsory decisions
1.
The termination of the right to use an
invention under a compulsory decision shall be decided by the authority that
has issued such a decision, including People’s Committees of provinces and
centrally affiliated cities, ministries, and ministerial agencies.
2.
Organizations and individuals prescribed in
Clause 2 Article 145 of the Law on Intellectual Property shall submit a request
for termination of invention use rights under compulsory decisions to ministries,
ministerial agencies, or People’s Committees, including 1 set of the following
documents:
a)
Declaration requesting the termination of invention use rights under compulsory
decisions, made according to Form No. 16 in Appendix I of this Decree;
b)
Documents proving that the grounds for compulsory transfer of invention use
rights no longer exist and are unlikely to recur, and that termination will not
cause damage to the receiving party;
c)
Letter of authorization (if submitted through a representative);
d)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of the application appraisal authority under the
People’s Committee of the province or centrally affiliated city or the relevant
Ministry or ministerial agency and the authority responsible for disclosure and
registration under the industrial property right authority (fees for disclosure
or registration of industrial property information)).
3.
Procedures for receipt, processing of
applications for termination of invention use rights under compulsory
decisions, and issuance of termination decisions shall be carried out in the
same manner as procedures for receipt and processing of applications for
transfer of invention use rights under compulsory decisions prescribed in
Article 56 of this Decree.”.
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“Article 58. Dossiers for registration of contracts for transfer of
rights to use industrial property subject matters
1.
An application for registration of a contract
for transfer of rights to use industrial property subject matters submitted to
People’s Committees of provinces and centrally affiliated cities shall include
1 set of the following documents:
a)
Declaration for registration of the contract for transfer of rights to use
industrial property subject matters, made according to Form No. 15 in Appendix
I of this Decree;
b)
Contract (original or copy accompanied by the original for comparison, except
for certified copies); where the contract is in a language other than
Vietnamese, a Vietnamese translation must be provided; if the contract has
multiple pages, each page must bear signatures of the parties or be affixed
with an overlapping seal;
c)
Written consent of co-owners regarding the transfer of rights to use industrial
property subject matters, where the corresponding industrial property rights
are under joint ownership;
d)
Original or certified copy of the letter of authorization (if submitted through
a representative). Where the authorization covers multiple independent
procedures and the original has already been submitted to the People’s
Committee of the province or centrally affiliated city where the registration
procedure is carried out, the applicant may submit a copy together with a
precise reference to the application number containing the original in the
declaration;
dd)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of receiving authorities under People’s Committees
of provinces or centrally affiliated cities (fees for appraisal of dossiers for
registration for transfer of industrial property rights, charges for issuance
of certificates of registration of contracts for transfer of rights to use
industrial property subject matters) and authorities responsible for disclosure
and registration under the industrial property right authority (fees for
disclosure or registration of industrial property information)).
2.
Each application for registration of a contract
for transfer of rights to use industrial property subject matters shall record
only one transfer step. Where the right to use industrial property subject
matters is transferred in multiple steps, a separate dossier for registration
of a contract for transfer of rights to use industrial property subject matters
for each step of the transfer must be submitted.”.
Article 28. Amendments to Article 59
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1.
Where an application for registration of a
contract for transfer of rights to use industrial property subject matters does
not have the deficiencies prescribed in Clause 3 of this Article, within 60
days from the date of receipt of a valid application, the People’s Committee of
the province or centrally affiliated city shall perform the following tasks:
a)
Issue a decision on the issuance of the certificate of registration of the
contract for transfer of rights to use industrial property subject matters;
b)
Issue the certificate of registration of the contract for transfer of rights to
use industrial property subject matters according to Form No. 24 in Appendix I
of this Decree to the applicant; affix the registration seal to the contract
and return to the applicant 1 copy of the contract bearing the seal;
c)
Send information on the decision on the issuance of the certificate of
registration of the contract for transfer of rights to use industrial property
subject matters to the industrial property right authority, within 8 working
days from the date of issuance of the decision.
Within 30 days from the date of receipt of such
information, the industrial property right authority shall record the transfer
of rights to use industrial property subject matters in the National Register
of Industrial Property and disclose the decision on the issuance of the
certificate of registration of the contract for transfer of rights to use
industrial property subject matters in the Industrial Property Official Gazette.
2.
Where an application for registration of a
contract for transfer of rights to use industrial property subject matters has
the deficiencies prescribed in Clause 3 of this Article, within 60 days from the
date of receipt of the application, the People’s Committee of the province or
centrally affiliated city shall carry out the following procedures:
a)
Issue a notice of intended refusal to register the contract, specifying the
deficiencies of the application, and set a time limit of 60 days from the date
of issuance of the notice for the applicant to remedy the deficiencies or to
submit opinions opposing the intended refusal to register the contract. The
time allocated for the applicant to remedy the deficiencies or to submit
opinions opposing the intended refusal shall not be included in the application
processing time limit;
b)
Where the applicant fails to remedy deficiencies, does not object, or provides
insufficient remedy or unsatisfactory objections, within 60 days from the
expiry of the time limit prescribed in Point a of this Clause, the People’s
Committee of the province or centrally affiliated city shall issue a decision
refusing the registration of the contract, specifying the reasons for refusal;
c)
Where the protection title has been terminated, invalidated, or has expired
according to regulations, the People’s Committee of the province or centrally
affiliated city shall issue a notice of termination of the processing of the
application for registration of the contract for transfer of rights to use
industrial property subject matters.
3.
An application for registration of a contract
for transfer of rights to use industrial property subject matters shall be
deemed to have deficiencies if it falls into one of the following cases:
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b)
One of the required documents in the list of required documents is lacking;
c)
The letter of authorization is invalid;
d)
The copy of the contract is not duly certified;
dd)
The name and address of the transferring party of the right to use the
industrial property subject matter in the contract are inconsistent with the
corresponding information in the protection title or in the contract serving as
the basis for the arising of the transferred right, the letter of
authorization, or the declaration; the name and address of the receiving party
in the contract are inconsistent with the name and address stated in the letter
of authorization or the declaration;
e)
The contract does not contain sufficient signatures, full names, titles, and
seals (if any) of the transferring and receiving parties;
g)
The transferring party is not the owner of the protection title, or is not the
receiving party under another contract, or there is no evidence proving that
the owner permits the transfer of the right to use the industrial property
subject matter;
h)
The relevant industrial property subject matter is no longer within the
protection term or is under dispute;
i)
The contract does not contain all mandatory contents as prescribed in Clause 1
Article 144 of the Law on Intellectual Property;
k)
The contract contains contents inconsistent with regulations on clauses
unreasonably restricting the rights of the party receiving the right to use
industrial property subject matters as prescribed in Clause 2 Article 144 of
the Law on Intellectual Property.
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5.
Before the People’s Committee of the province
or centrally affiliated city issues a decision to recognize or refuse to
recognize the registration of the contract for transfer of rights to use
industrial property subject matters, the withdrawal of the application by one
party shall only be permitted where there is written consent of both parties,
except where the withdrawal is due to the inability to remedy deficiencies as
requested by the People’s Committee.”.
Article 29. Addition of Article 59a after Article 59
“Article 59a. Issuance of duplicates,
re-issuance of certificates of registration of contracts for transfer of rights
to use industrial property subject matters, and re-issuance of duplicates of
certificates of registration of contracts for transfer of rights to use
industrial property subject matters
1.
Organizations and individuals shall be issued
duplicates, re-issued certificates of registration of contracts for transfer of
rights to use industrial property subject matters, or re-issued duplicates of
certificates of registration of contracts for transfer of rights to use
industrial property subject matters by the People’s Committees of provinces and
centrally affiliated cities in the following cases:
a)
The certificate of registration of a contract for transfer of the right to use
an industrial property object is issued to the applicant (the organization or
individual requesting contract registration). The other party may request the People’s Committee of the
province or centrally affiliated city to issue a duplicate of the certificate,
except where the request for a duplicate has already been indicated in the
declaration for registration of the contract for transfer of the right to use
the industrial property object, provided that the prescribed fees and charges
are paid.
b)
Where the certificate of registration of the contract for transfer of the right
to use the industrial property object or its duplicate is lost, or damaged,
torn, soiled, faded to the extent of being unusable, or disassembled such that
the seal cannot be preserved, the organization or individual that has been
issued such certificate or duplicate may request the People’s Committee of the
province or centrally affiliated city to re-issue the certificate or its
duplicate, provided that the prescribed fees and charges are paid.
2.
A request for issuance of a duplicate,
re-issuance of a certificate, or re-issuance of a duplicate of the certificate
of registration of a contract for transfer of the right to use an industrial
property object must be made in writing and include 1 set of the following
documents:
a)
Declaration requesting the issuance of a duplicate or re-issuance of the
certificate, made according to Form No. 14 in Appendix I of this Decree;
b)
1 copy of the contract (original or copy accompanied by the original for
comparison, except for certified copies); where the contract is in a language
other than Vietnamese, a Vietnamese translation must be provided; if the
contract has multiple pages, each page must bear signatures of the parties or
be affixed with an overlapping seal;
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d)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of the receiving authority under the People’s
Committee of the province or centrally affiliated city (fees and charges for
re-issuance or issuance of duplicates) and the authority responsible for
disclosure and registration under the industrial property right authority (fees
for disclosure or registration of industrial property information)).
3.
A written request for issuance of a duplicate,
re-issuance of a certificate, or re-issuance of a duplicate of the certificate
of registration of a contract for transfer of the right to use an industrial
property object shall be considered invalid if it falls into one of the
following cases:
a)
Failure to include all documents as prescribed in Clause 2 of this Article or
submission of invalid documents;
b)
Failure to pay sufficient fees and charges as prescribed;
c)
At the time of submission of the request for re-issuance, the certificate has
not been lost as declared;
d)
The applicant for re-issuance is not the transferring party or the receiving
party.
4.
A written request for issuance of a duplicate,
re-issuance of a certificate, or re-issuance of a duplicate of the certificate
of registration of a contract for transfer of the right to use an industrial
property object shall be processed as follows:
a)
Where the written request satisfies the requirements specified at Points a, b,
and c of this Clause, within 30 days from the date of receipt of the written
request, the People’s Committee of the province or centrally affiliated city
shall issue a decision to issue the duplicate of the certificate, re-issue the
certificate, or re-issue the duplicate of the certificate;
b)
The duplicate of the certificate must fully reflect all information of the
corresponding certificate and bear the indication “Duplicate”. The re-issued
certificate or re-issued duplicate of the certificate must fully reflect all
information of the currently valid certificate or duplicate, together with any
amendments or supplements to the certificate up to the time of re-issuance, and
must bear the indication “Re-issued copy”.
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c)
Where the written request is invalid, within 30 days from receipt, the People’s
Committee of the province or centrally affiliated city shall issue a notice and
set a time limit of 60 days from the date of notification for the applicant to
remedy deficiencies or submit objections. The time allocated for the applicant
to remedy deficiencies or submit objections shall not be included in the
processing time limit;
d)
Where the applicant fails to correct deficiencies, does not object, or provides
insufficient remedy or unsatisfactory objections, within 30 days from the
expiry of the time limit specified in Point c of this Clause, the People’s
Committee of the province or centrally affiliated city shall issue a decision
refusing the issuance of the duplicate of the certificate, re-issuance of the
certificate, or re-issuance of the duplicate of the certificate, specifying the
reasons for refusal.”.
Article 30. Amendments to Article 61
“Article 61. Recording of amendments, renewal, and premature termination
of validity of contracts for transfer of rights to use industrial property
subject matters
1.
Any amendment, renewal, or premature
termination of the validity of a registered contract for transfer of the right
to use an industrial property subject matter must be recorded in accordance
with this Article.
2.
Organizations and individuals shall submit a
written request for recording of amendments, renewal, or premature termination
of the validity of the contract to the People’s Committee of the province or centrally
affiliated city in accordance with the following regulations:
a)
A request for recording of amendments, renewal, or premature termination of the
validity of the contract for transfer of the right to use an industrial
property subject matter must be made in writing and include 1 set of the
following documents:
a1)
Declaration requesting the recording of amendments, renewal, or premature
termination of the validity of the contract, made according to Form No. 17 in
Appendix I of this Decree;
a2)
Original certificate of registration of the contract for transfer of the right
to use the industrial property subject matter (in case of request for recording
of amendment or renewal of the contract validity);
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a4)
Agreements or documents recording the specific terms to be amended or
supplemented in the contract, including renewal or premature termination of the
contract validity;
a5)
Original or certified copy of the letter of authorization (where the request is
submitted through a representative). Where the letter of authorization covers multiple
independent procedures and its original has been submitted to the People’s
Committee of the province or centrally affiliated city where the registration
procedure is carried out, the applicant may submit a copy together with a
precise reference to the application number containing the original in the
declaration;
a6)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of receiving authorities under People’s Committees
of provinces or centrally affiliated cities (fees for appraisal of requests for
amendment, renewal, or premature termination of the validity of contracts for
transfer of rights to use industrial property subject matters) and authorities
responsible for disclosure and registration under the industrial property right
authority(fees for disclosure or registration of industrial property
information)).
b)
A written request for renewal of the contract must be submitted within 30 days
before the expiry date of the contract, as stated in the certificate of
registration of the contract for transfer of the right to use the industrial property
subject matter.
3.
Within 30 days from the date of receipt of the
dossier requesting the recording of amendments, renewal, or premature
termination of contract validity, the People’s Committee of the province or
centrally affiliated city shall assess the request in accordance with the
following regulations:
a)
In case of a valid application, the People’s Committee of the province or
centrally affiliated city shall issue a decision to record the amendment,
renewal, or premature termination of validity of the contract for transfer of
the right to use the industrial property subject matter; record such amendments
and renewal of the contract validity into the certificate of registration of
the contract for transfer of the right to use the industrial property subject
matter.
The
People’s Committee of the province or centrally affiliated city shall send
information on the decision to record such amendment, renewal, or premature
termination to the industrial property right authority within 8 working days
from the date of issuance of the decision. Within 30 days from the date of receipt of such information,
the industrial property right authority shall record the amendments, renewal,
or premature termination in the National Register of Industrial Property and disclose
such decisions in the Industrial Property Official Gazette;
b)
In case the application has deficiencies, the People’s Committee of the
province or centrally affiliated city shall issue a notice of intended refusal
to record the amendment, renewal, or premature termination, specifying the
deficiencies and setting a time limit of 60 days from the date of notification
for the applicant to remedy such deficiencies or present objections. The time
allocated for the applicant to remedy deficiencies shall not be included in the
processing time limit;
sc) Where the applicant fails to remedy deficiencies,
does not object, or provides unsatisfactory remedies or objections, within 30
days from the expiry of the time limit specified in Point b of this Clause, the
People’s Committee of the province or centrally affiliated city shall issue a
decision refusing the recording of the amendment, renewal, or premature
termination, specifying the reasons for refusal.”
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“Article 62. Professional training in industrial property representation
1.
The organization of training courses on
industrial property law shall be carried out in accordance with the following
objectives and principles:
a)
To provide and update knowledge and skills in applying industrial property law
necessary for resolving issues related to the establishment and protection of
industrial property rights;
b)
To ensure scientific quality, up-to-date content, and consistency with relevant
laws and the practical situation in Vietnam, as well as international practices.
2.
A training institution for industrial property
law must satisfy the following criteria and conditions:
a)
It is a public service provider under the Ministry of Science and Technology of
Vietnam or established by the Ministry of Science and Technology of Vietnam,
having the function and tasks of providing professional training and advanced
training in intellectual property, or a higher education institution offering
law programs, or other cases as decided by the Minister of Science and
Technology of Vietnam;
b)
It has facilities and equipment meeting the requirements for organizing
training programs on industrial property law as prescribed by the Minister of
Science and Technology of Vietnam;
c)
It has at least one staff member on its payroll who has participated in
teaching intellectual property at the university level for at least 5
years at the time of recognition by the Ministry of Science and Technology of
Vietnam as a qualified training institution.
3.
A training institution for industrial property
law shall have the following responsibilities:
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c)
Conduct examinations, assess learning outcomes, and issue certificates of
completion of training courses on industrial property law;
c)
Submit annual reports on enrollment and organization of training courses in
accordance with this Article before December 15 of the reporting year, and ad
hoc reports upon request of the industrial property right authority.
4.
The Ministry of Science and Technology of
Vietnam shall have the following responsibilities:
a)
The Minister of Science and Technology of Vietnam shall prescribe the training
program on industrial property law, including main contents such as: trainees,
training objectives, program content (knowledge volume, training duration,
program structure), organization of training, and other relevant contents;
b)
The Ministry of Science and Technology of Vietnam shall inspect the
organization of training courses on industrial property law by training
institutions;
c)
The Minister of Science and Technology of Vietnam shall prescribe the
procedures for recognition of training institutions meeting the criteria and
conditions for organizing training courses on industrial property law, and the
removal from the list of institutions that no longer meet such criteria and
conditions.”.
Article 32. Amendments to clauses of Article 63
1.
Amendments to Clauses 2, 4, 5, and 5:
“2. The People’s Committees of the province or
centrally affiliated city shall organize examinations of professional
qualifications in industrial property representation, once every 2 years. The
plan for organizing such exams must be disclosed on the web portal of the
People’s Committee of the province or centrally affiliated city.
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4.
The examination results of individuals meeting
the requirements specified in Point e Clause 2 Article 155 of the Law on
Intellectual Property shall be valid for 5 years (from the date of issuance of
the notice of examination results) for the purpose of requesting the People’s
Committees of provinces and centrally affiliated cities to issue certificates
of qualification for industrial property representation services.
5.
The examination council for professional
qualifications in industrial property representation shall be established by
the People’s Committee of the province or centrally affiliated city, and be
responsible for organizing the examinations of professional qualifications in
industrial property representation in accordance with the regulation on such
examinations promulgated by the Ministry of Science and Technology of Vietnam.”.
2.
Amendments to Clauses 7 and 8:
“7.
A dossier for registration for participation in an examination of professional
qualifications in industrial property representation shall comprise 1 set of
the following documents:
a)
Declaration for registration for participation in the examination, made
according to Form No. 09 in Appendix I of this Decree;
b)
Copy of a bachelor’s degree or an equivalent qualification as specified in
Point c Clause 2 Article 155 of the Law on Intellectual Property. The authority
receiving and processing administrative procedures shall proactively utilize
and use information already available in databases disclosed by the managing authorities
of such databases to replace dossier components.
Where such information cannot be utilized or is
incomplete or inaccurate, the competent authority receiving and processing
administrative procedures shall promptly issue a written request for the
individual or organization to supplement the dossier and specify the reasons.
The
time for requesting and supplementing the dossier shall not be included in the
time limit for processing the administrative procedure;
a)
Copy of the certificate of completion of a training course on industrial
property law in accordance with the regulations of the Minister of Science and
Technology of Vietnam (with the original presented for comparison, except for
certified copies); or copy of a recruitment decision or labor contract and
other documents (certified by the employing agency or organization) proving at
least 5 years of directly performing the appraisal of industrial property
registration applications at a national or international industrial property
authority or performing legal work on industrial property as specified in Point
d Clause 2 Article 155 of the Law on Intellectual Property, including
inspection, examination, supervision, adjudication, legal affairs, legal
consultancy, state management of industrial property; scientific research (with
the title of researcher) and teaching in industrial property (with the original
presented for comparison, except for certified copies);
d)
Portrait photograph of the applicant for the examination of professional
qualifications in industrial property representation, sized 3 x 4 cm (in case
of paper submission, 2 photographs must be provided);
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8.
The dossier for registration for participation
in the examination shall be processed by the People’s Committee of the province
or centrally affiliated city within 13 working days from the date of receipt,
in accordance with the following procedures:
a)
Where the dossier is valid, the People’s Committee of the province or centrally
affiliated city shall notify the applicant of eligibility to participate in the
examination, and simultaneously notify the expected time, location, and
examination schedule;
b)
Where the dossier is invalid, the People’s Committee of the province or
centrally affiliated city shall notify the deficiencies and set a time limit of
30 days from the date of notification for the applicant to remedy such
deficiencies;
c)
Where the applicant fails to remedy deficiencies or provide unsatisfactory
remedies, the People’s Committee of the province or centrally affiliated city
shall issue a decision refusing to accept the application for registration for
participation in the examination, specifying the reasons for refusal.”
Article 33. Amendments to Article 64
“Article 64. Issuance, re-issuance, and revocation of certificates of
qualification for industrial property representation services
1.
The issuance of a certificate of qualification
for industrial property representation services shall be carried out as follows:
a)
A certificate of qualification for industrial property representation services
shall be issued by the People’s Committee of the province or centrally
affiliated city to an individual who satisfies the conditions prescribed in
Clauses 2 and 2a Article 155 of the Law on Intellectual Property, upon request
and payment of fees and charges as prescribed;
b)
An application for the issuance of a certificate of qualification for
industrial property representation services shall comprise 1 set of documents
as follows:
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b2)
Copy of the certificate of completion of the training course on industrial
property law and copy of the lawyer’s card in the case of applying for the
certificate under Clause 2a Article 155 of the Law on Intellectual Property
(the original must be presented for comparison unless the copy has been
certified), or documents proving that the applicant has passed the examination
of professional qualifications in industrial property representation organized
by a competent authority;
b3)
Portrait photograph of the applicant for the issuance of the certificate of
qualification for industrial property representation services, sized 3 x 4 (cm)
(in case of paper submission, 2 photographs must be provided);
b4)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of the receiving authority under the People’s
Committee of the province or centrally affiliated city (fees for appraisal of
the dossier for issuance of the certificate of qualification for industrial
property representation services) and the authority responsible for
registration under the industrial property right authority (fees for
registration of the decision on issuance of the certificate of qualification
for industrial property representation services)).
c)
The application for the issuance of the certificate of qualification for
industrial property representation services shall be processed by the
provincial People’s Committee within 16 working days from the date of receipt,
in accordance with the following procedures:
c1)
In case the application is valid, a decision on the issuance of the certificate
of qualification for industrial property representation services shall be
issued, specifying the full name, date of birth, permanent address,
identification number, certificate number, and scope of practice of the
certificate holder; the decision shall be sent to the applicant and
simultaneously to the industrial property right authority for recording in the
National Register of Industrial Property Representatives and disclosure on its
web portal within 5 working days from the date of issuance of the decision;
c2)
In case the application is invalid, a notice of deficiencies shall be issued
and a time limit of 30 days from the date of the notice shall be set for the
applicant to remedy such deficiencies;
c3)
If the applicant fails to remedy the deficiencies or provides unsatisfactory
remedies, within 16 working days from the end of the prescribed time limit
under Point c2 of this Clause, a decision refusing the issuance of the
certificate of qualification for industrial property representation services
shall be issued, specifying the reasons for refusal;
c4)
In case it is discovered that the applicant is simultaneously submitting an
application for issuance or re-issuance of a certificate of qualification for
industrial property representation services under this Decree to another
authority, and no result has yet been issued, the People’s Committee of the
province or centrally affiliated city shall issue a notice refusing the
issuance or re-issuance of the certificate, specifying the reasons for refusal;
d)
The certificate of qualification for industrial property representation
services shall be made according to Form No. 02 in Appendix I of this Decree.
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a)
The People’s Committee of the province or centrally affiliated city shall
re-issue a certificate of qualification for industrial property representation
services upon request of the industrial property representative and payment of
fees and charges as prescribed in the following cases:
a1)
Information in the certificate prescribed in Point c1 Clause 1 of this Article
has been changed;
a2)
The certificate is lost, defective, or damaged (torn, soiled, faded, etc.) to
the extent of being unusable;
a3)
The holder of the certificate has restored eligibility conditions as prescribed
in Clauses 2 and 2a Article 155 of the Law on Intellectual Property after
having the certificate revoked;
b)
An application for re-issuance of a certificate of qualification for industrial
property representation services shall be submitted to the People’s Committee
of the province or centrally affiliated city and comprise 1 set of documents as
follows:
b1)
Declaration requesting the re-issuance of the certificate of qualification for
industrial property representation services, made according to Form No. 03 in
Appendix I of this Decree;
sb3) Portrait photograph of the applicant for the
re-issuance of the certificate of qualification for industrial property
representation services, sized 3 x 4 (cm) (in case of paper submission, 2
photographs must be provided);
b3)
Documents proving restoration of eligibility conditions in the case specified
in Point a3 of this Clause;
b4)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of the receiving authority under the People’s
Committee of the province or centrally affiliated city and the authority
responsible for registration under the industrial property right authority
(fees for registration of the decision on issuance of the certificate of
qualification for industrial property representation services)).
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d)
In case the certificate of qualification for industrial property representation
services contains errors due to the issuing authority (incorrect information,
stamping errors, etc.), such authority shall re-issue the certificate within 5
working days from receipt of the request, without collecting fees or charges;
dd)
The People’s Committee of the province or centrally affiliated city shall
disclose information on the re-issuance of the certificate of qualification for
industrial property representation services on its web portal within 5 working
days from the date of issuance of the decision.
3.
The revocation of a certificate of
qualification for industrial property representation services shall be carried
out as follows:
a)
A certificate shall be revoked by the People’s Committee of the province or
centrally affiliated city in the following cases:
a1)
The holder of the certificate no longer satisfies the conditions prescribed in
Clauses 2 and 2a Article 155 of the Law on Intellectual Property;
a2)
There is a decision on revocation of the certificate in accordance with Clause
4 Article 156 of the Law on Intellectual Property;
a3)
The applicant simultaneously submits applications for issuance or re-issuance
of the certificate to multiple competent authorities and has been issued or
re-issued multiple certificates with identical information, in which case all
such certificates shall be revoked;
b)
The People’s Committee of the province or centrally affiliated city shall, on
its own initiative or upon request of organizations or individuals, revoke the
certificate of qualification for industrial property representation services if
there are grounds confirming that the holder falls into one of the cases
specified in Point a of this Clause;
c)
Any organization or individual requesting revocation of the certificate of
qualification for industrial property representation services shall submit 1
set of documents as follows:
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c2)
Documents proving the grounds for revocation.
d)
The procedures for revocation of the certificate of qualification for
industrial property representation services shall be carried out by the People’s
Committee of the province or centrally affiliated city as follows:
d1)
In case of a request for revocation according to Point c of this Clause, within
30 days from receipt of the request, a notice shall be sent to the certificate
holder and a time limit of 30 days shall be set for response; based on the
opinions of the concerned parties, within 30 days from the end of the mentioned
time limit, a decision on revocation or refusal of revocation shall be issued
and sent to the parties;
d2)
In case there are grounds confirming that the holder no longer meets the
conditions prescribed in Clauses 2 and 2a Article 155 of the Law on
Intellectual Property and Point a3 of this Clause, a notice of intended
revocation shall be issued and a time limit of 30 days for response shall be
set. Based on
the holder’s response, a decision on revocation or non-revocation shall be
issued within 30 days from the end of the response time limit;
d3)
In case of revocation under Clause 4 Article 156 of the Law on Intellectual
Property, within 30 days from receipt of the competent authority’s decision, a
decision on revocation shall be issued;
d4)
Information on the revocation decision shall be sent to the industrial property
right authority within 8 working days from the issuance date for the industrial
property right authority to record it in the National Register of Industrial
Property Representatives as prescribed;
d5)
Information on revocation shall be disclosed on the web portal of the People’s
Committee of the province or centrally affiliated city within 5 working days
from the date of issuance of the decision.”.
Article 34. Amendments to Article 65
“Article 65. Recording and removal of industrial property representatives
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a) An organization that satisfies the conditions for
conducting industrial property representation services as prescribed in Article
154 of the Law on Intellectual Property may request to be recorded as an
organization providing industrial property representation services in the
National Register of Industrial Property Representatives if it pays the
prescribed fees and charges.
Branches
and other dependent units of organizations that satisfy all conditions as
prescribed in Article 154 of the Law on Intellectual Property may only conduct
industrial property representation services under the name of the parent
organization.
b) An organization that meets the conditions prescribed
in Article 154 of the Law on Intellectual Property shall submit 1 dossier
comprising the following documents to the People’s Committee of the province or
centrally affiliated city to be recorded in the National Register of Industrial
Property Representatives:
b1) Declaration requesting the recording of an
industrial property representation service organization, made according to Form
No. 04 in Appendix I of this Decree;
b2) Copy of the recruitment decision or labor contract
between the organization and the person holding a certificate of qualification
for industrial property representation services (except where the certificate
holder is concurrently the legal representative of the organization), with the
original presented for comparison, except for certified copies;
b3)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of the receiving authority under the People’s
Committee of the province or centrally affiliated city (fees for appraisal of
the dossier for recording an industrial property representation service
organization) and the authority responsible for registration under the
industrial property right authority (fees for registration of the decision on
recording an industrial property representation service organization)).
c) Within 16 working days from the date of receipt of a
valid dossier, the People’s Committee of the province or centrally affiliated
city shall assess the dossier in accordance with the procedure similar to that
for issuing the certificate of qualification for industrial property
representation services prescribed in Point c Clause 1 Article 64 of this
Decree.
The
People’s Committee of the province or centrally affiliated city shall send the
decision on recording the industrial property representation service
organization to the industrial property right authority to update information
in the National Register of Industrial Property Representatives as prescribed
and disclose information on the recording of organizations eligible to conduct
industrial property representation services on its web portal within 5 working
days from the date of issuance of the decision.
2.
The recording of industrial property
representatives shall be carried out as follows:
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b) An individual who meets the conditions prescribed in
Article 155 of the Law on Intellectual Property shall submit 1 dossier
comprising the following documents to the People’s Committee of the province or
centrally affiliated city to be recorded in the National Register of Industrial
Property Representatives:
b1)
Declaration requesting the recording of an industrial property representative,
made according to Form No. 05 in Appendix I of this Decree;
b2)
Copy of the recruitment decision or labor contract between the organization and
the person holding a certificate of qualification for industrial property
representation services (except where the certificate holder is concurrently
the legal representative of the organization), with the original presented for
comparison, except for certified copies;
b3)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of the receiving authority under the People’s
Committee of the province or centrally affiliated city (fees for appraisal of
the dossier for recording an industrial property representative) and the
authority responsible for registration under the industrial property right
authority (fees for registration of the decision on recording an industrial
property representative)).
c)
Within 14 working days from the date of receipt of the dossier, the People’s
Committee of the province or centrally affiliated city shall assess the dossier
in accordance with the procedure similar to that for issuing the certificate of
qualification for industrial property representation services prescribed in
Point c Clause 1 Article 64 of this Decree.
sThe People’s Committee of the province or centrally
affiliated city shall send the decision on recording the industrial property
representative to the industrial property right authority to update information
in the National Register of Industrial Property Representatives as prescribed
and disclose information on the recording of the industrial property
representative on the web portal of such authority within 5 working days from
the date of issuance of the decision.
3.
The recording of changes in information of
industrial property representation service organizations shall be carried out
as follows:
a) An industrial property representation service
organization may request the recording of changes related to information
already recorded in the National Register of Industrial Property
Representatives (including full name, trading name, abbreviated name, address
of the organization, business scope of industrial property representation
services, full name and certificate number of the practicing industrial property
representatives in the organization) in accordance with this Point and must pay
the prescribed fees and charges.
b) The industrial property representation service
organization shall submit 1 dossier comprising the following documents to the
People’s Committee of the province or centrally affiliated city to record
changes related to information already recorded in the National Register of
Industrial Property Representatives:
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b2) Copy of the enterprise registration certificate or
amended operation registration certificate of the industrial property
representation service organization in case of changes to the name or address
(with the original presented for comparison, except for certified copies). The authority receiving and
handling administrative procedures shall proactively utilize and use
information available in databases disclosed by the database-managing
authorities to substitute for dossier components. Where such information cannot
be utilized or is incomplete or inaccurate, the competent authority shall issue
a written request for the individual or organization to supplement the dossier
and specify the reasons.
b3)
Copies of receipts or other proof of payment of fees and charges (where payment
is made directly to accounts of the receiving authority under the People’s
Committee of the province or centrally affiliated city (fees for appraisal of
the dossier for recording changes in information of an industrial property
representation service organization) and the authority responsible for
registration under the industrial property right authority (fees for registration
of the decision on recording changes in information of an industrial property
representation service organization)).
c)
Within 16 working days from the date of receipt of the dossier requesting the
recording of changes, the People’s Committee of the province or centrally
affiliated city shall assess the dossier in accordance with the procedure
similar to that for issuing the certificate of qualification for industrial
property representation services prescribed in Point c Clause 1 Article 64 of
this Decree.
The
People’s Committee of the province or centrally affiliated city shall send the
decision on recording changes in information of the industrial property
representation service organization to the industrial property right authority
to update information in the National Register of Industrial Property
Representatives as prescribed and disclose information on the recording of
changes in information of the industrial property representation service
organization on the web portal of such authority within 5 working days from the
date of issuance of the decision.
4.
The removal of names of industrial property
representation service organizations shall be carried out as follows:
a) An industrial property representation service
organization shall carry out procedures for removal from the National Register
of Industrial Property Representatives in the following cases:
a1) Voluntary cessation or termination of industrial
property representation services;
a2)
The industrial property representation service organization no longer fully
satisfies the conditions prescribed in Article 154 of the Law on Intellectual
Property.
b) A dossier requesting removal of the name of an
industrial property representation service organization submitted to the
People’s Committee of the province or centrally affiliated city shall comprise
1 set of the following documents:
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b2)
Copies of receipts or other proof of payment of fees and charges as prescribed
(where payment is made directly to accounts of the receiving authority under
the People’s Committee of the province or centrally affiliated city (fees for
appraisal of the dossier for removal of the industrial property representation
service organization) and the authority responsible for registration under the
industrial property right authority (fees for registration of the decision on
removal of the industrial property representation service organization));
b3) Documents proving that unfinished representation
work has been legally transferred to another industrial property representation
service organization, or that the authorization for representation in respect
of unfinished work has been terminated.
c) The People’s Committee of the province or centrally
affiliated city shall assess the dossier in accordance with the following
procedures:
c1) Where the dossier is valid, within 16 working days
from the date of receipt, issue a decision on removal of the industrial
property representation service organization, send such decision to the
applicant, and simultaneously send it to the industrial property right authority
for recording in the National Register of Industrial Property as prescribed;
c2) Where the dossier is invalid, within 16 working days
from the date of receipt, issue a notice of deficiencies and set a time limit
of 30 days from the date of notification for the applicant to remedy such
deficiencies;
c3)
If the applicant fails to remedy the deficiencies or provides unsatisfactory
remedies, within 16 working days from the end of the prescribed time limit
under Point c2 of this Clause, issue a decision refusing removal, specifying
the reasons for refusal.
d) Information on the removal of the industrial
property representation service organization shall be disclosed on the web
portal of such authority within 5 working days from the date of issuance of the
decision.
5.
The removal of names of industrial property
representatives shall be carried out as follows:
a) An industrial property representative shall carry
out procedures for removal from the National Register of Industrial Property
Representatives when they no longer satisfy the practice conditions prescribed
in Point b Clause 1 Article 155 of the Law on Intellectual Property.
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b1)
Declaration requesting the removal of the name of the industrial property
representative, made according to Form No. 08 in Appendix I of this Decree;
b2) Documents proving that the person issued with the
certificate of qualification for industrial property representation services no
longer satisfies the practice conditions prescribed in Point b Clause 1 Article
155 of the Law on Intellectual Property (decision on termination of labor
contract or other documents);
b3)
Copies of receipts or other proof of payment of fees and charges as prescribed
(where payment is made directly to accounts of the receiving authority under
the People’s Committee of the province or centrally affiliated city (fees for
appraisal of the dossier for removal of the industrial property representative)
and the authority responsible for registration under the industrial property
right authority (fees for registration of the decision on removal of the industrial
property representative));
c)
Within 16 working days from the date of receipt of the dossier requesting
removal of the industrial property representative, the People’s Committee of
the province or centrally affiliated city shall assess the dossier in
accordance with the procedure similar to that for the removal of industrial
property representation service organizations prescribed in Point c Clause 1
Article 64 of this Decree.
The
People’s Committee of the province or centrally affiliated city shall send the
decision on the removal of the industrial property representative to the
industrial property right authority to record it in the National Register of
Industrial Property as prescribed and disclose information on such removal on
the web portal of such authority within 5 working days from the date of
issuance of the decision.
6.
Industrial property representation service
organizations shall be responsible for reporting annually or on an ad hoc basis
regarding their operations at the request of the industrial property right
authority.”.
Article 35. Addition of Clauses 4, 5, 6, 7, and 8 after
Clause 3 Article 70
“4.
Prioritizing the purchase and placing of orders for intellectual property
rights in respect of subject matters of significant importance to national
security and essential to socio-economic development, especially technical
solutions for the production of domestically manufactured products with high
demand, creating production systems in value chains, and providing financial
support for the creation, acquisition through transfer, and utilization of
intellectual property rights serving the public interest.
5.
Taking the lead in placing orders, procuring,
and using products and services created mainly on the basis of the application
of computer programs, inventions, layout designs, and plant varieties created
and protected in Vietnam, in accordance with international treaties to which
Vietnam is a signatory.
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7.
Encouraging organizations and individuals to
invest in start-ups based on the application of inventions and layout designs
created in Vietnam, and to place orders for application research and innovation
services.
8.
Adopting policies to honor and reward
organizations and individuals with outstanding achievements in the creation and
utilization of intellectual property rights in accordance with the law on
emulation and commendation.”.
Article 36. Amendments to Article 76
“Article 76. Elements of infringement on rights to industrial designs
1.
An infringing element of an industrial design
is a whole product or a part of a product that has an external appearance
visible during the product's use and is not significantly different from the
protected industrial design.
2.
The basis for determining an infringing element
of an industrial design is the scope of protection of the industrial design as determined
according to the industrial design patent, the decision on acceptance of
protection of an internationally registered industrial design, or an excerpt
from the National Register of Industrial Property. For a set of products, the
scope of protection shall be determined independently for each component
product, regardless of the overall product set.
3.
A product (including a detachable part of a
product capable of independent circulation) shall have its external appearance
considered not significantly different from a protected industrial design if
such product, even if it has an issued industrial design patent, is a product
of the same type and has the same set of basic design features as the protected
industrial design of another person.
4.
A non-detachable part of a product shall have
its external appearance considered not significantly different from a protected
industrial design if such part, even if it has an issued industrial design
patent for a product of the same type, has a similar position and proportion in
the overall product and has the same set of basic design features as the
industrial design of a protected part of another person’s product.
5.
A detachable part of a product shall be
considered not significantly different from a protected industrial design for a
part of a product if such part, even if it has an issued industrial design
patent, when assembled into a product of the same type, has a similar position
and proportion in the overall product and has the same set of basic design features
as the industrial design of a protected part of another person’s product.
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7.
Design features of an industrial design are
understood as follows:
a) A design feature of an industrial design is an
element expressed in lines, forms, colors, positional relationships or
dimensional relationships on a physical product, or shapes, colors, layouts,
proportional relationships, display sequences, and visual effects of graphic
elements on a non-physical product, which, when combined with other features
(signs), constitute that industrial design;
b) A basic design feature is a design feature that is
easily recognizable/memorable, necessary, and sufficient to determine the
nature of the industrial design and to distinguish it from other industrial
designs used for products of the same type.
c) The following elements shall not be considered basic
design features of an industrial design:
c1) The form and lines determined solely by the
technical function of the product (for example, the flat, planar shape of a
data storage disc determined by the relative movement between the disc and the
reading head, etc.);
c2) An element whose presence in the set of features is
insufficient to create an aesthetic impression (the impression of the product’s
shape does not change whether such element is present or absent; for example, a
change in a familiar form or line that is not sufficient to be recognized, thus
the changed form or line is still perceived as the original one);
c3) Materials used to manufacture the product;
c4) Information content displayed within a non-physical
product that varies according to the user (such as text, data, etc.); signs
affixed, attached, etc., to the product solely to perform informational or
instructive functions regarding origin, characteristics, structure, uses,
instructions for use, etc., of the product; for example, information on goods
labels (such as manufacturer, trade indications, origin, barcodes, etc.),
trademarks, geographical indications, etc.;
c5) The size of the product, except in cases of changes
in the decorative size of fabric patterns and similar materials;
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c7) Other elements that do not meet the conditions
specified in Point b of this Clause.”.
Article 37. Amendments to Article 97
“Article 97. Compulsory distribution or putting into use for
non-commercial purposes
1.
Counterfeit trademark goods shall be
distributed or put into use for non-commercial purposes if the following
conditions are satisfied:
a) The destruction of the goods will be harmful to the
environment or affect public health;
b)
The goods have use value, and their use does not cause harm to human health,
livestock, plants, and the environment;
c) The infringing element has been removed from the
goods;
d) The recipient for distribution or use is not a
potential client of the trademark right holder, and such distribution or use
does not unreasonably affect the normal utilization of the trademark right
holder’s rights;
dd)
The distribution or putting into use shall prioritize humanitarian, charitable
purposes, or serving social interests.
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a) The goods have use value, and their use does not
cause harm to human health, livestock, plants, and the environment;
b)
The infringing element has been removed from the goods;
c) The recipient for distribution or use is not a
potential client of the industrial property right holder or plant variety right
holder, and such distribution or use is not for profit and does not
unreasonably affect the normal utilization of the rights of the industrial
property right holder or plant variety right holder;
d)
The distribution or putting into use shall prioritize humanitarian, charitable
purposes, or serving social interests.
3.
Clause 2 of this Article shall also apply to
raw materials, materials, and means used mainly for the production and trading of
goods bearing counterfeit geographical indications, goods infringing on
industrial property rights, or rights to plant varieties, and raw materials,
materials, and means used for the production of counterfeit trademark goods.”.
Article 38. Amendments to Article 98
“Article 98. Compulsory destruction
1.
The measure of compulsory destruction of
counterfeit trademark goods, counterfeit geographical indication goods, goods
infringing on industrial property rights, rights to plant varieties, raw
materials, materials, and means used mainly for the production and trading of
counterfeit trademark goods, goods infringing industrial property rights,
rights to plant varieties, and raw materials, materials, and means used for the
production of counterfeit trademark goods shall be applied in cases where the
conditions for applying the measure of compulsory distribution or putting into
use for non-commercial purposes as prescribed in Article 97 of this Decree are
not fully satisfied.
2.
The method of destruction must not cause harm
to the environment or affect public health.”.
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“Article 108a. Professional
training in industrial property assessment
1.
The organization of training courses on
industrial property assessment shall be carried out in accordance with the
following objectives and principles:
a) To provide legal knowledge, professional skills, and
necessary operational methods for conducting industrial property assessment;
b)
To ensure scientific quality, up-to-date content, and consistency with relevant
laws and the practical situation in Vietnam.
2.
A training institution for industrial property
assessment must satisfy the following criteria and conditions:
a)
It is a public service provider under the Ministry of Science and Technology of
Vietnam or established by the Ministry of Science and Technology of Vietnam,
having the function and tasks of providing professional training and advanced
training in industrial property, or a higher education institution offering law
programs, or other cases as decided by the Minister of Science and Technology
of Vietnam;
b)
It has facilities and equipment meeting the requirements for organizing
training programs on assessment as prescribed by the Minister of Science and
Technology of Vietnam;
c)
It has at least one staff member on its payroll who has participated in
industrial property assessment activities for at least 5 years at the time of
recognition by the Ministry of Science and Technology of Vietnam as a qualified
training institution.
3.
A training institution for industrial property
assessment shall have the following responsibilities:
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b)
Conduct examinations, assess learning outcomes, and issue certificates of
completion of training courses on industrial property assessment;
c)
Submit annual reports on enrollment and organization of training courses in
accordance with this Article before December 15 of the reporting year, and ad
hoc reports upon request of the industrial property right authority.
4.
The Ministry of Science and Technology of
Vietnam shall have the following responsibilities:
a)
The Minister of Science and Technology of Vietnam shall prescribe the training
program on industrial property assessment, including main contents such as:
trainees, training objectives, program content (knowledge volume, training
duration, program structure), organization of training, and other relevant
contents;
b)
The Ministry of Science and Technology of Vietnam shall inspect the
organization of training courses on industrial property assessment by training
institutions;
c)
The Minister of Science and Technology of Vietnam shall prescribe the
procedures for recognition of training institutions meeting the criteria and
conditions for organizing training courses on industrial property assessment,
and the removal from the list of institutions that no longer meet such criteria
and conditions.”.
Article 40. Amendments to Article 109
“Article 109. Issuance, re-issuance, and revocation of industrial
property assessor cards
1.
People’s Committees of provinces and centrally
affiliated cities shall have the authority to issue, re-issue, and revoke
industrial property assessor cards in accordance with the procedures prescribed
in Clauses 2, 3, 4, and 5 of this Article.
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2.
The issuance of an industrial property assessor
card shall be carried out as follows:
a)
An individual satisfying the conditions prescribed in Clause 3 Article 201 of
the Law on Intellectual Property shall be issued, once only, an industrial
property assessor card by the People’s Committee of the province or centrally
affiliated city upon request and payment of fees and charges as prescribed. The
conditions for being issued an industrial property assessor card, as prescribed
in Clause 3 Article 201 of the Law on Intellectual Property, shall be
understood as follows:
a1)
“Residing permanently in Vietnam” means having a place of permanent residence
in Vietnam in accordance with the law on residence;
a2)
“Having good moral qualities” means not being subject to administrative
penalties for violations of the law on industrial property or professional ethics,
and not being subject to criminal prosecution or having unspent convictions;
a3)
“Having a bachelor’s degree or higher in a major relevant to the field for
which the assessor card is requested” means holding a bachelor’s or
postgraduate degree in natural sciences or engineering sciences for the fields
of invention and layout design assessment; or holding a bachelor’s or
postgraduate degree in any discipline for other assessment fields;
a4)
“Having engaged in professional activities in the field for which the
industrial property assessor card is requested for at least 5 years” means
having directly carried out dispute settlement, complaint handling, inspection,
examination, legal affairs, legal consultancy on industrial property,
scientific research with the title of researcher, or teaching on industrial
property with the title of lecturer for at least 5 years; or having directly
engaged in interpretation and guidance on the implementation of laws,
formulation of regulations, directly conducting or appraising results of
substantive examination of invention registration applications (including
utility solutions), industrial design registration applications, trademark
registration applications, or geographical indication registration applications
(including appellations of origin) at national or international industrial
property authorities for at least 5 years; or having practiced industrial
property representation services for at least 5 years.
b)
A dossier for issuance of an industrial property assessor card shall be
submitted to the People’s Committee of the province or centrally affiliated
city and comprise 1 set of the following documents:
b1)
Declaration requesting the issuance of the assessor card, made according to
Form No. 10 in Appendix I of this Decree;
b3)
Portrait photograph of the applicant for the issuance of the industrial
property assessor card, sized 3 x 4 (cm) (in case of paper submission, 2
photographs must be provided);
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b4)
Certification of working experience proving satisfaction of the condition
specified in Point a4 of this Clause (issued by the agency or organization
where the person has worked);
b5)
Copies of receipts or other proof of payment of fees and charges as prescribed
(where payment is made directly to accounts of the receiving authority under
the People’s Committee of the province or centrally affiliated city (fees for
appraisal of the dossier for issuance of the industrial property assessor card)
and the authority responsible for registration under the industrial property
right authority (fees for registration of industrial property information)).
c)
The People’s Committee of the province or centrally affiliated city shall
assess the dossier in accordance with the following procedures:
c1)
Where the dossier is valid, within 8 working days from the date of receipt,
issue a decision to issue the assessor card, specifying the full name, date of
birth, permanent address, identification number, assessor card number, and
assessment field of the assessor card holder; send the decision to the
applicant and simultaneously to the industrial property right authority for
recording in the National Register of Industrial Property Assessment as
prescribed;
c2)
Where the dossier is invalid, within 16 working days from the date of receipt,
issue a notice of intended refusal, specifying the reasons, and set a time
limit of 30 days from the date of notification for the applicant to remedy
deficiencies or provide objections. The time for requesting and supplementing
the dossier shall not be included in the processing time limit of
administrative procedures;
c3)
Where the applicant fails to remedy deficiencies, does not object, or provides
unsatisfactory remedies or objections, within 16 working days from the expiry
of the time limit specified in Point c2 of this Clause, issue a decision
refusing the issuance of the assessor card, specifying the reasons;
c4)
In case it is discovered that the applicant is simultaneously submitting an
application for issuance or re-issuance of an industrial property assessor card
to another authority, and no result has yet been issued, the People’s Committee
of the province or centrally affiliated city shall issue a notice refusing the
issuance or re-issuance of the industrial property assessor card, specifying
the reasons for refusal;
c5)
The industrial property assessor card shall be made according to Form No. 11 in
Appendix I of this Decree.
d)
The People’s Committee of the province or centrally affiliated city shall
disclose information on the decision to issue the industrial property assessor
card on its web portal within 5 working days from the date of issuance of the
decision.
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a)
The People’s Committee of the province or centrally affiliated city shall issue
a decision to re-issue an industrial property assessor card upon request and
payment of fees and charges in the following cases:
a1)
The industrial property assessor card is lost, defective, or damaged (torn,
soiled, faded, etc.) to the extent of being unusable;
a2)
The information recorded on the industrial property assessor card as specified
in Point c1 Clause 2 of this Article has changed.
b)
The assessor shall be obliged to request the People’s Committee of the province
or centrally affiliated city to re-issue the industrial property assessor card
to record the changes specified in Point a2 of this Clause.
b)
A dossier for re-issuance of an industrial property assessor card shall be
submitted to the People’s Committee of the province or centrally affiliated
city and comprise 1 set of the following documents:
c1)
Declaration requesting the re-issuance of the assessor card, made according to
Form No. 12 in Appendix I of this Decree;
c2)
Portrait photograph of the applicant for the re-issuance of the industrial
property assessor card, sized 3 x 4 (cm) (in case of paper submission, 2
photographs must be provided);
c3)
Copies of receipts or other proof of payment of fees and charges as prescribed
(where payment is made directly to accounts of the receiving authority under
the People’s Committee of the province or centrally affiliated city and the
authority responsible for registration under the industrial property right
authority (fees for registration of industrial property information));
d)
The processing of the dossier for re-issuance of the industrial property
assessor card shall be carried out as follows:
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d2)
Where the industrial property assessor card contains errors attributable to the
issuing authority, such authority shall re-issue the industrial property
assessor card within 5 working days from the date of receipt of the request
without collecting any fees or charges.
dd)
The People’s Committee of the province or centrally affiliated city shall
disclose information on the decision to re-issue the industrial property
assessor card on its web portal within 5 working days from the date of issuance
of the decision.
4.
The revocation of an industrial property
assessor card shall be carried out as follows:
a)
An industrial property assessor card shall be revoked in the following cases:
a1)
There is evidence that the industrial property assessor card has been issued in
violation of the law;
a2)
The individual no longer satisfies the conditions prescribed in Clause 3
Article 201 of the Law on Intellectual Property;
a3)
The individual with the issued assessor card relinquishes assessment activities;
a4)
A person competent to impose administrative penalties issues a written notice
that the industrial property assessor card has been issued ultra vires or
contains unlawful content;
a5)
Where an applicant simultaneously submits dossiers for issuance or re-issuance
of an industrial property assessor card to multiple competent authorities and
has been issued or re-issued duplicate cards with identical information, all
such cards shall be revoked.
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c)
A dossier for revocation of an industrial property assessor card shall be
submitted to the People’s Committee of the province or centrally affiliated
city and comprise 1 set of the following documents:
c1)
Application for revocation of the industrial property assessor card, made
according to Form No. 35 in Appendix I of this Decree;
c2)
Documents proving the grounds for requesting revocation of the industrial
property assessor card, except where the individual with the issued industrial
assessor card relinquishes assessment activities.
d)
The procedures for revocation shall be as follows:
d1)
Where an organization or individual requests revocation of an industrial
property assessor card under Point c of this Clause, within 16 days from the
receipt of the request, the People’s Committee of the province or centrally
affiliated city shall notify the industrial property assessor card holder of
such request in writing and set a time limit of 30 days for response.
Based
on the opinions of the concerned parties, within 16 working days from the
expiry of the mentioned time limit, the People’s Committee of the province or centrally
affiliated city shall issue a decision to revoke or refuse the revocation of
the industrial property assessor card and send it to the concerned parties;
d2)
Where there are grounds confirming that the industrial property assessor card
holder no longer satisfies the conditions prescribed in Clause 3 Article 201 of
the Law on Intellectual Property, the provincial People’s Committee of the
province or centrally affiliated city shall issue a notice of intended
revocation to the industrial property assessor card holder and set a time limit
of 30 days for response.
Based
on the opinions of the industrial property assessor card holder, within 16
working days from the expiry of the mentioned time limit, the People’s
Committee of the province or centrally affiliated city shall issue a decision
to revoke or refuse the revocation of the industrial property assessor card and
send it to the holder;
d3)
Where a person competent to impose administrative penalties issues a written
notice that the industrial property assessor card has been issued ultra vires
or contains unlawful content, within 30 days from receipt of such notice, the
People’s Committee of the province or centrally affiliated city shall issue a
decision to revoke the industrial property assessor card.
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5.
The establishment and publication of the list
of industrial property assessors shall be carried out as follows:
a)
The industrial property right authority shall establish the list of industrial
property assessors based on the recorded information according to decisions on
the issuance, re-issuance, and revocation of industrial property assessor
cards, and publish and update it annually on its web portal;
b)
The industrial property right authority shall notify People’s Committees of
provinces and centrally affiliated cities of changes relating to assessor cards
of assessors operating within local industrial property assessment
organizations for the purpose of issuance, re-issuance, and revocation of
certificates of assessment organization at the local level.”.
Article 41. Amendments to Article 110
“Article 110. Issuance, re-issuance, and revocation of certificates of
industrial property assessment organization
1.
Authority to issue, re-issue, and revoke
certificates of industrial property assessment organizations is as follows:
People’s
Committees of provinces and centrally affiliated cities shall have the
authority to issue, re-issue, and revoke certificates of industrial property
assessment organizations in accordance with Clauses 2, 3, 4, and 5 of this
Article for organizations specified in Clause 2 Article 201 of the Law on
Intellectual Property.
2.
The issuance of a certificate of industrial
property assessment organization shall be
carried out as follows:
a)
An organization that satisfies the conditions specified in Clause 2 Article 201
of the Law on Intellectual Property shall be issued a certificate of industrial
property assessment organization by the People’s Committee of the province or
centrally affiliated city, upon request and payment of prescribed fees and
charges;
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b1)
Declaration requesting the issuance of the certificate of industrial property
assessment organization, made according to Form No. 31 in Appendix I of this
Decree;
b2)
Copy of the recruitment decision or labor contract between the organization and
industrial property assessors working for the organization (the original shall be
presented for comparison, except for certified copies);
b3)
Copies of receipts or other proof of payment of fees and charges as prescribed
(where payment is made directly to accounts of the receiving authority under
the People’s Committee of the province or centrally affiliated city (fees for
appraisal of the dossier for issuance of the certificate of industrial property
assessment organization) and the authority responsible for registration under
the industrial property right authority (fees for registration of industrial
property information)).
c)
Within 30 days from the date of receipt of the dossier, the People’s Committee
of the province or centrally affiliated city shall assess the dossier as
follows:
c1)
Where the dossier is valid, issue a decision to issue the certificate of
assessment organization, specifying the full name, trading name, address, code
of the organization, and the assessment field of the organization corresponding
to the assessment field of the assessors of the organization, and the list of
industrial property assessors who are members of the organization; send the
decision to the industrial property right authority for recording in the
National Register of Industrial Property Assessment; disclose information on
such decision on the web portal of such authority within 5 working days from
the date of issuance of the decision;
c2)
Where the dossier has deficiencies, issue a notice of intended refusal,
specifying the reasons, and set a time limit of 30 days from the date of
notification for the applying organization to remedy the deficiencies or
provide objections; upon expiry of the set time limit, if the organization
fails to remedy the deficiencies, does not object, or provides unsatisfactorily
remedies or objections, issue a decision refusing the issuance of the
certificate of industrial property assessment organization, specifying the
reasons;
c3)
The certificate of industrial property assessment organization shall be made
according to Form No. 32 in Appendix I of this Decree;
3.
The re-issuance of a certificate of industrial
property assessment organization shall be carried out as follows:
a)
The People’s Committee of the province or centrally affiliated city shall issue
a decision to re-issue a certificate of industrial property assessment
organization upon request and payment of prescribed fees and charges in the
following cases:
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a2)
There are changes to the information recorded in the certificate of industrial
property assessment organization as specified in Point c1 Clause 2 of this
Article.
b)
The industrial property assessment organization shall be obliged to request the
issuing authority to re-issue the certificate of industrial property assessment
organization to record the changes specified in Point a2 of this Clause;
c)
A dossier for re-issuance of a certificate of industrial property assessment
organization shall be submitted to the People’s Committee of the province or
centrally affiliated city and comprise 1 set of the following documents:
c1)
Declaration requesting the re-issuance of the certificate of industrial
property assessment organization, made according to Form No. 33 in Appendix I
of this Decree;
c2)
Copy of the business registration certificate or amended operation registration
certificate of the industrial property assessment organization in case of
changes to the information of the organization (with the original presented for
comparison, except for certified copies). The authority receiving and handling administrative
procedures shall proactively utilize and use information available in databases
disclosed by the database-managing authorities to substitute for dossier
components. Where such information cannot be utilized or is incomplete or
inaccurate, the authority or person competent to receive and handle
administrative procedures shall issue a written request for the individual or
organization to supplement the dossier and specify the reasons. The time for
requesting and supplementing the dossier shall not be included in the time
limit for processing the administrative procedure;
c3)
Copy of the recruitment decision, labor contract, or decision on termination of
labor contract between the organization and industrial property assessors
working for the organization in case of changes in assessors (the original
shall be presented for comparison, except for certified copies);
c4)
Copies of receipts or other proof of payment of fees and charges as prescribed
(where payment is made directly to accounts of the receiving authority under
the People’s Committee of the province or centrally affiliated city and the
authority responsible for registration under the industrial property right
authority (fees for registration of industrial property information)).
d)
The processing of the dossier for re-issuance of the certificate of industrial
property assessment organization shall be carried out as follows:
d1)
Within 16 working days from the date of receipt of the dossier for re-issuance
of the certificate of industrial property assessment organization, the People’s
Committee of the province or centrally affiliated city shall assess the dossier
according to the procedure similar to that for issuance of the certificate of
industrial property assessment organization specified in Point c Clause 2 of
this Article;
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4.
The revocation of a certificate of industrial
property assessment organization shall be carried out as follows:
a)
A certificate of industrial property assessment organization shall be revoked
in the following cases:
a1)
There is evidence confirming that the certificate of industrial property
assessment organization has been granted in violation of the law;
a2)
The organization no longer satisfies the conditions specified in Clause 2
Article 201 of the Law on Intellectual Property;
a3)
The organization terminates its assessment activities;
a4)
A person competent to impose administrative penalties issues a written notice
that the certificate of industrial property assessment organization has been
issued ultra vires or contains unlawful content.
b)
The People’s Committee of the province or centrally affiliated city shall, on
its own initiative or at the request of an organization or individual, revoke
the certificate of industrial property assessment organization where there are
grounds confirming that the industrial property assessment organization falls
into one of the cases specified in Point a of this Clause;
c)
A dossier for revocation of a certificate of industrial property assessment
organization shall be submitted to the People’s Committee of the province or
centrally affiliated city and comprise 1 set of the following documents:
c1)
Application for the revocation of the certificate of industrial property
assessment organization, made according to Form No. 35 in Appendix I of this
Decree;
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d)
The procedures for revocation of the certificate of industrial property
assessment organization shall be carried out as follows:
d1)
Where an organization or individual requests revocation of a certificate of industrial
property assessment organization under Point c of this Clause, within 30 days
from the receipt of the request, the People’s Committee of the province or
centrally affiliated city shall notify the industrial property assessment
organization with the issued certificate of such request in writing and set a
time limit of 30 days for response. Based on opinions of the concerned parties, the People’s
Committee of the province or centrally affiliated city shall issue and send a
decision on revocation or non-revocation of the certificate of industrial
property assessment organization to the concerned parties;
d2)
Where there are grounds confirming that the organization with the issued
certificate of industrial property assessment organization no longer satisfies
the conditions specified in Clause 2 Article 201 of the Law on Intellectual
Property, the People’s Committee of the province or centrally affiliated city
shall issue a written notice of intended revocation of the certificate and set
a time limit of 30 days for the organization to respond.
Based on the opinions of the organization, the
People’s Committee of the province or centrally affiliated city shall issue a
decision on revocation or a notice of non-revocation of the certificate to the
organization;
d3)
Where a person competent to impose administrative penalties issues a written
notice that the certificate of industrial property assessment organization has
been issued ultra vires or contains unlawful content, within 30 days from receipt
of such notice, the People’s Committee of the province or centrally affiliated
city shall issue a decision to revoke the certificate;
d4)
The decision on the revocation of the certificate of industrial property
assessment organization shall be disclosed on the web portal of the People’s
Committee of the province or centrally affiliated city and sent to the
authority responsible for registration under the industrial property right
authority for recording in the National Register of Industrial Property
Assessment.
5.
The establishment and publication of the list
of industrial property assessment organizations shall be carried out as follows:
a)
The industrial property right authority shall establish the list of industrial
property assessment organizations based on the recorded information according
to decisions on the issuance, re-issuance, and revocation of the certificates
of industrial property assessment organizations, and publish and update it
annually on its web portal;
b)
The People’s Committee of the province or centrally affiliated city shall
notify the industrial property right authority of all information relating to
the issuance, re-issuance, and revocation of certificates of industrial
property assessment organization within 30 days from the date of issuance of
the decision for the purpose of establishing the list referred to in this
Clause.”
Article 42. Addition of Article 111a after Article 111
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1.
The organization of training courses on the
assessment of rights to plant varieties shall be carried out in accordance with
the following objectives and principles:
a)
To provide legal knowledge, professional skills, and necessary operational
methods for the activities of assessment of rights to plant varieties;
b)
To enhance capacity in handling specimens, documents, and information serving
the determination of infringing elements of rights to plant varieties;
c)
To ensure that assessors perform assessment activities independently,
objectively, honestly, and in compliance with the law.
The
training program shall be organized uniformly nationwide, ensuring scientific
quality, practical applicability, and updates in conformity with current laws
and international practices.
2.
Participants in training courses on the
assessment of rights to plant varieties are individuals who wish to be equipped
with knowledge and professional skills for the assessment of rights to plant
varieties.
3.
The training program on the assessment of
rights to plant varieties shall have a minimum total duration of 40 teaching
hours. The framework program for such training courses is promulgated in
Appendix II of this Decree. Individuals who complete the course shall be issued
a certificate of completion of the training course on the assessment of rights
to plant varieties.
4.
Institutions eligible to organize training
courses (hereinafter referred to as “training institutions”) include:
a)
Public service providers with functions of providing training and advanced
training in intellectual property under the Ministry of Agriculture and
Environment of Vietnam;
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5.
The plant variety right authority shall assist
the Minister of Agriculture and Environment of Vietnam in performing state
management functions over rights to plant varieties by disclosing detailed
training programs approved and implemented by training institutions.”.
Article 43. Amendments to clauses of Article 112
1.
Amendments to Points b and c Clause 2:
“b)
A dossier for issuance of an assessor card for rights to plant varieties shall
comprise 1 set of the following documents:
b1)
Declaration requesting the issuance of the assessor card for rights to plant
varieties, made according to Form No. 29 in Appendix I of this Decree;
b2)
Copy of the certificate of satisfactory completion of the training course on
the assessment of rights to plant varieties (the original shall be presented
for comparison, except for certified copies);
b3)
Certification of working process (issued by the agency or organization where
the person has worked);
b4)
Portrait photograph of the applicant for the issuance of the assessor card for
rights to plant varieties, sized 3 x 4 (cm) (in case of paper submission, 2
photographs must be provided);
c)
Within 13 days from the date of receipt of the dossier, the People’s Committee
of the province or centrally affiliated city shall assess the dossier as
follows:”.
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c2)
Where the dossier is invalid, the People’s Committee of the province or
centrally affiliated city shall issue a notice of intended refusal, specifying
the reasons, and set a time limit of 30 days from the date of notification for
the applicant to remedy deficiencies or provide objections. Upon expiry of the
time limit, if the applicant fails to remedy deficiencies, does not object, or
provides unsatisfactory remedies or objections, the People’s Committee of the
province or centrally affiliated city shall issue a decision refusing the
issuance of the assessor card, specifying the reasons;
c3)
The assessor card for rights to plant varieties shall be made according to Form
No. 36 in Appendix I of this Decree.”.
2.
Amendments to Point c Clause 3:
“c)
A dossier for re-issuance of an assessor card for rights to plant varieties
shall be submitted to the People’s Committee of the province or centrally
affiliated city and comprise 1 set of the following documents:
c1)
Declaration requesting the re-issuance of the assessor card for rights to plant
varieties, made according to Form No. 29 in Appendix I of this Decree;
c2)
Portrait photograph of the applicant for the re-issuance of the assessor card
for rights to plant varieties, sized 3 x 4 (cm) (in case of paper submission, 2
photographs must be provided).”
3.
Amendments to Point c1 Clause 4:
“c1)
Application for the revocation of the assessor card for rights to plant
varieties, made according to Form No. 30 in Appendix I of this Decree;”.
Article 44. Amendments to Article 113
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“b1)
Declaration requesting the issuance of the certificate of plant variety right
assessment organization, made according to Form No. 28 in Appendix I of this
Decree;”
2.
Amendments to Point c3 Clause 2:
“c3)
The certificate of plant variety right assessment organization shall be made
according to Form No. 37 in Appendix I of this Decree.”.
3.
Amendments to Point a1 Clause 3:
“a1) The certificate of plant variety right
assessment organization is defective;”.
4.
Amendments to Point c1 Clause 3:
“c1)
Declaration requesting the re-issuance of the certificate of plant variety
right assessment organization, made according to Form No. 28 in Appendix I of
this Decree;
c2) Certified copy of the business registration
certificate or amended operation registration certificate of the plant variety
right assessment organization in case of changes to information of the
organization. The
authority receiving and handling administrative procedures shall proactively
utilize and use information available in databases disclosed by the
database-managing authorities to substitute for dossier components. Where such
information cannot be utilized or is incomplete or inaccurate, the competent
authority receiving and handling administrative procedures shall issue a
written request for the individual or organization to supplement the dossier
and specify the reasons. The time for requesting and supplementing the dossier
shall not be included in the time limit for processing the administrative
procedure;”.
5.
Amendments to Point c1 Clause 4:
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6.
Point b3 Clause 2 and Point c4 Clause 3 are
annulled.
Article 45. Amendment, supplementation, replacement, and
annulment of several regulations of Decree No. 65/2023/ND-CP dated August 23,
2023 of Government of Vietnam on elaboration on several articles and
implementation measures of Law on Intellectual Property regarding industrial
property rights, protection of industrial property rights, rights to plant
varieties, and state management of intellectual property, amended by Decree No.
15/2026/ND-CP dated January 14, 2026 and Decree No. 33/2026/ND-CP dated January
21, 2026 of Government of Vietnam
1.
Replacement of certain words and phrases as
follows:
a)
Replace the phrase “18 tháng” (18 months) with the phrase “12 tháng” (12
months) in Clause 2 Article 49.
b)
Replace the phrase “Mẫu số 04” (Form No. 04) with the phrase “Mẫu số 18” (Form
No. 18) in Point a Clause 1 Article 55.
c)
Replace the phrase “Tổng cục Hải quan” (General Department of Vietnam Customs)
with the phrase “Cục Hải quan” (Customs Department) in Clause 2 Article 101 and
Point d Clause 4 Article 103.
d)
Replace the phrase “Cục Hải quan tỉnh, thành phố” (Customs Departments of the
province or city) with the phrase “Chi cục Hải quan khu vực” (Regional Customs
Sub-departments), and the phrase “cơ quan được chỉ định của Tổng cục Hải quan”
(designated authority of the General Department of Vietnam Customs) with the
phrase “các đơn vị có liên quan của Cục Hải quan” (relevant unit of the Customs
Department) in Clause 2 Article 101.
dd)
Replace the phrase “Chi cục Hải quan” (Customs Sub-department) with the phrase
“Đội trưởng Hải quan nơi đăng ký tờ khai” (Head of the customs unit where the
declaration is registered) in Clauses 1, 2, and 3 Article 103.
e)
Replace the phrase “Chi cục Hải quan” (Customs Sub-department) with the phrase
“Cơ quan hải quan nơi đăng ký tờ khai” (customs authority where the declaration
is registered) in Clause 4 Article 103.
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h)
Replace the phrase “Chi cục Hải quan” (Customs Sub-department) with the phrase
“cơ quan hải quan” (customs authority) in Clause 6 Article 103.
i)
Replace the phrase “1 tháng” (1 month) with the phrase “13 ngày làm việc” (13
working days) in Point d1 Clause 4 Article 112; Point c Clause 2 and Point d1
Clause 4 Article 113.
k)
Replace the phrase “15 ngày” (15 days) with the phrase “8 ngày làm việc” (8
working days) in Point d1 Clause 3 Article 112, and Point d1 Clause 3 Article
113.
l)
Replace the phrase “phương pháp định giá” (pricing method) with the phrase “Chuẩn
mực thẩm định giá Việt Nam” (Vietnam Pricing Standards) in Point d Clause 1
Article 114.
2.
Replace Appendix I promulgated together with
Decree No. 65/2023/ND-CP dated August 23, 2023 of the Government of Vietnam,
amended by Decree No. 15/2026/ND-CP dated January 14, 2026 and Decree No.
33/2026/ND-CP dated January 21, 2026, with Appendix I promulgated together with
this Decree.
3.
Replace Appendix II promulgated together with
Decree No. 65/2023/ND-CP with Appendix II promulgated together with this Decree.
4.
The following phrases, articles, and appendices
are annulled:
a)
“và nộp phí, lệ phí theo quy định” (and pay fees and charges as prescribed) in
Point a Clause 2 Article 112 and Point a Clause 2 Article 113.
b)
Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 43,
44, 45, 46, 47, and 108.
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Article 46. Implementation provisions
1.
This Decree comes into force as of April 1,
2026.
2.
Articles 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, and 53 of Decree No. 15/2026/ND-CP dated January 14, 2026 of the Government
of Vietnam shall cease to have effect from the effective date of this Decree.
3.
Article 18 of Decree No. 33/2026/ND-CP dated
January 21, 2026 of the Government of Vietnam shall cease to have effect from
the effective date of this Decree.
Article 47. Transitional provisions
1.
The processing of applications for procedures
prescribed in this Decree submitted before the effective date of this Decree,
but have yet to be completed, shall continue to be handled in accordance with
the law in force at the time of submission.
2.
The forms of protection titles prescribed in
Appendix I of this Decree shall apply from the effective date of this Decree,
except in cases of issuance of duplicates or re-issuance of protection titles,
where the forms for re-grant or duplicates shall correspond to the form of the
protection title initially granted to the first grantee.
Article 48. Implementation responsibilities
Ministers,
Directors of ministerial agencies, Directors of governmental agencies,
Presidents of People’s Committees of provinces and centrally affiliated cities,
and relevant organizations and individuals shall implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Chi Dung