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THE NATIONAL
ASSEMBLY
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Law No. 131/2025/QH15
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Hanoi, December 10, 2025
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LAW
LAW ON AMENDMENTS TO THE LAW ON
INTELLECTUAL PROPERTY
Pursuant to the Constitution
2013 of the Socialist Republic of Viet Nam as amended by Resolution No.
203/2025/QH15;
Pursuant to the
Constitution 2013 amended by Resolution No. 203/2025/QH15;
The National Assembly promulgates the Law on amendments 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 and Law No. 93/2025/QH15.
Article
1. Amendments to the Law on Intellectual Property
1. A number of clauses of Article 4 are amended as follows:
a) Clause 1 is amended as
follows:
“1. Intellectual
property rights are the rights of organizations and individuals to subject
matters of copyright and related rights, industrial property rights and plant
variety rights.”;
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“13. Industrial design
means the external appearance of a product or part thereof in physical or
non-physical form, expressed by shapes, lines, colors or a combination thereof
and visible during the use of the product.”.
2. Clause 5 is added after Clause 4 of Article 6 as follows:
“5. Based on the
provisions of this Law, the Government shall provide for the arising and
establishment of intellectual property rights as prescribed in Clauses 1, 2, 3 and
4 of this Article in cases where subject matters of intellectual property
rights are created using artificial intelligence systems.”
3. Clauses
2 and 3 are amended; Clauses 4 and 5 are added after Clause 3 of Article 7 as
follows:
“2. The commercial exploitation
of intellectual property rights and protection of intellectual property rights
must not infringe upon the interests of the State, public interests, or the
lawful rights and interests of other organizations and individuals and must
comply with this Law and other relevant laws. Organizations and individuals exercising intellectual
property rights related to the National Flag, National Emblem and National
Anthem of the Socialist Republic of Vietnam must not obstruct or hinder the
dissemination and use thereof.
3. Where necessary to ensure national defense, national
security, social order and safety, social ethics and public health as provided
in this Law, the State has the right to prohibit or restrict intellectual
property right holders from exercising their rights or to compel them to allow
other organizations and individuals to use one or several of their rights under
appropriate conditions; limitation of rights to inventions classified as state
secrets shall comply with regulations of the Government; limitation of rights
to intellectual property subject matters that are results of science,
technology and innovation tasks using the state budget shall comply with the
Law on Science, Technology and Innovation.
4. Where the same subject matter is subject to multiple
intellectual property rights arising or established in accordance with Article
6 of this Law, any intellectual property right arising later or established
later in respect of such subject matter shall be required to cease its exercise
where the exercise of such later-arising or later-established intellectual
property right conflicts with the normal use of the intellectual property right
that has arisen earlier or been established earlier. The cessation of the
exercise of intellectual property rights under this Clause shall be decided by
the Court. The
Government shall provide detailed regulations for this Clause.
5. Organizations and individuals may use texts and data
relating to intellectual property subject matters that have been lawfully published
and are accessible to the public for the purposes of scientific research,
experimentation and training of artificial intelligence systems, provided that
such use does not unreasonably prejudice the lawful rights and interests of
authors and intellectual property right holders under this Law.
For texts and data
protected by copyright and related rights, such use must also comply with
regulations of the Government.”.
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a) Clause 2 is amended as
follows:
“2. Activities of
innovation, commercial exploitation, and development of intellectual property
subject matters are encouraged and promoted through financial support, tax and
credit incentives and other investment incentives in accordance with law to
enhance national competitiveness, contribute to socio-economic development, and
improve the material and spiritual life of the People.”;
b) Addition of Clause 3a
after Clause 3 as follows:
“3a. The creation, protection,
commercial exploitation, management and development of intellectual property
subject matters, particularly those of ethnic minorities, are supported;
Vietnamese organizations and individuals are supported in determining the value
of intellectual property rights, applying models for assignment and licensing
of intellectual property rights, and contributing capital with intellectual
property rights; mechanisms for cooperation and sharing of intellectual
property rights among the State, scientists, science and technology
organizations and enterprises are promoted.”;
c) Clauses 4 and 5 are
amended as follows:
“4. The development of a
synchronous and effective intellectual property ecosystem is prioritized,
especially investment of resources in regulatory agencies managing intellectual
property and authorities protecting intellectual property rights; the
establishment and development of intermediary organizations supporting
development, commercial exploitation, and use and protection of intellectual
property rights are promoted.
5. National programs supporting the creation, protection,
commercial exploitation, management and development of intellectual property
subject matters serving socio-economic development, particularly in rural and
mountainous areas, are formulated and implemented.”.
5. Article 8a is added after Article 8 as follows:
“Article 8a. Management and commercial
exploitation of intellectual property rights
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2. Intellectual property right holders may use intellectual
property rights to engage in civil, commercial, investment and other activities
in accordance with relevant laws on science, technology and innovation,
intellectual property, management and use of public assets and other relevant
laws.
3. The State encourages commercial exploitation of intellectual
property rights and the use of intellectual property rights for capital
contribution or mortgage for loans in accordance with laws on investment,
enterprises, credit and other relevant laws.
4. The Government shall provide detailed regulations for this
Article.”.
6. Articles 11a and 11b are added after Article 11 as follows:
“Article 11a. Conditions for ensuring
state management activities in intellectual property
The State shall ensure
funding, infrastructure conditions, facilities, equipment, and other necessary
resources for state management activities in intellectual property, including
activities within committees, sub-committees, and working groups under
international treaties on intellectual property or containing provisions on
intellectual property to which the Socialist Republic of Vietnam is a member;
international cooperation in processing industrial property applications;
processing of industrial property applications; and support for organizations
and individuals in protection of intellectual property rights.
Article 11b. Digital transformation of
intellectual property activities
1. The State shall promote comprehensive digital transformation
of intellectual property activities through prioritizing the synchronized
development of digital infrastructure, provision of online public services, and
digital platforms serving intellectual property operations, including databases
on protection of intellectual property rights and databases on transaction
prices of intellectual property rights, ensuring security and user-friendliness.
2. The State shall invest in automation of operational
processes applying technology, including big data and artificial intelligence,
in order to enhance efficiency and transparency of intellectual property
activities.
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7. Clause 4 is added after Clause 3 Article 15 as follows:
“4. Ideas; slogans; titles
of works independently.”.
8. Clause 3 Article 16 is amended as follows:
“3. Organizations and individuals
initiating and having responsibility for the first fixation of sounds, images
of a performance or other sounds and images or the reproduction of such sounds
and images on any medium (hereinafter referred to as phonogram and video
recording producers).”.
9. Clause 1 Article 22 is amended as follows:
“1. A computer program is
a set of instructions expressed in the form of commands, codes, schemes, or
other forms which, when attached to a medium or device operated by a computer
programming language, is capable of enabling a computer or device to perform a
specific task or achieve a specific result. A computer program shall be protected as a literary work,
whether expressed in source code or machine code.
Authors and copyright
owners of computer programs shall have the right to agree in writing on repair
and upgrading of computer programs. Organizations and individuals lawfully using copies of
computer programs may make a backup copy for replacement in case such copy is
deleted, damaged, or unusable, but may not transfer such backup copy to other
organizations or individuals. Where a computer program is provided as a service or through
online platforms, creation of backup copies shall comply with terms of use or
licensing agreements between the parties.”.
10. Clause 3a is added after Clause 3 of Article 26 as follows:
“3a. Broadcasting and television
service providers shall comply with the provisions at Point a Clause 1 of this
Article in accordance with regulations of the Government.”.
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“2a. Broadcasting and television
service providers shall comply with the provisions at Point a Clause 1 of this
Article in accordance with regulations of the Government.”.
12. Amendments to certain points and clauses of Article 42:
a) Amendments to point a
Clause 1 are as follows:
“a) Works, performances,
phonograms, video recordings, and broadcast programs created using the state
budget under ordering, assignment of tasks, or bidding methods;”;
b) Clauses 3 and 4 are
amended as follows:
“3. Determination of the
agency acting as the owner’s representative and the agency representing
management of copyright and related rights:
a) The agency using the
state budget under ordering, assignment of tasks, or bidding methods to create
works, performances, phonograms, video recordings, and broadcast programs in
the case prescribed at Point a Clause 1 of this Article;
b) The agency receiving
transfer of copyright and related rights in the case prescribed at Point b
Clause 1 of this Article;
c) The regulatory agencies
managing copyright and related rights in the following cases: the case prescribed at
Point c Clause 1 of this Article, except where otherwise provided by law; the
case prescribed in Clause 2 of this Article.
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13. A number of clauses of Article 49 are amended as follows:
a) Clause 2a is added
after Clause 2 as follows:
“2a. Authors, copyright owners,
and related rights owners shall be responsible for the information stated in
applications for copyright registration and related rights registration.”;
b) Clause 5 is amended as
follows:
“5. The Government shall
provide detailed regulations on application components, conditions, procedures
for, and time limits for grant, re-grant, replacement, and annulment of
validity of the certificate of copyright registration and the certificate of
related rights registration.”.
14. Amendments to certain points and clauses of Article 50:
a) Clause 1 is amended as
follows:
“1. Authors, copyright
owners, and related rights owners may directly or authorize lawful
representatives to submit applications for copyright registration and related
rights registration to regulatory agencies managing copyright and related
rights in accordance with regulations of the Government.”;
b) Amendments to Point a
Clause 2 as follows:
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The declaration forms
shall be signed or fingerprinted by the authors, copyright owners, or related
rights owners, except where they are physically unable to sign or provide
fingerprints;”;
c) Clause 4 is added after
Clause 3 as follows:
“4. The Minister of
Culture, Sports and Tourism shall prescribe forms used in copyright and related
rights registration activities.”.
15. The title of Article and Clause 2 of Article 51 are amended
as follows:
a) The title of the Article
is amended as follows:
“Article 51. Competence
to grant, re-grant, replacement, annulment of validity of the certificate of
copyright registration, certificate of related rights registration”;
b) Clause 2 is amended as
follows:
“2. The regulatory agencies
competent to grant the certificate of copyright registration and the
certificate of related rights registration shall have the authority to
re-grant, replace, and annul the validity of the certificate of copyright
registration and the certificate of related rights registration already
granted.”.
16. Clause 2 of Article 54 is amended as follows:
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17. A number of clauses of Article 55 are amended as follows:
a) Clause 1 is amended and
Clause 1a is added after Clause 1 as follows:
“1. Where the certificate
of copyright registration or the certificate of related rights registration is
lost or damaged, the competent regulatory agencies prescribed in Clause 2
Article 51 of this Law shall proceed with re-granting the certificate of
copyright registration or the certificate of related rights registration.
1a. Where there is a request to
change the copyright owner, related rights owner; the title of the work,
information of the author, copyright owner; the name of the related rights
subject matter, information of the related rights owner, the competent
regulatory agencies prescribed in Clause 2 Article 51 of this Law shall proceed
with replacement of the certificate of copyright registration or the
certificate of related rights registration.”;
b) Clause 3 is amended as
follows:
“3. The regulatory
agencies managing copyright and related rights shall decide on annulment of
validity of the certificate of copyright registration or the certificate of
related rights registration in cases where inaccurate or untruthful information
is declared in the application for copyright registration or related rights
registration as prescribed in this Law, based on requests or information
provided by organizations or individuals or upon self-detection.”.
18. Clause 3 is added after Clause 2 Article 57 as follows:
“3. The Government shall
provide detailed regulations on types and operating conditions of organizations
providing services of copyright and related rights representation.”.
19. Clause 4 is amended and Clause 5 is added after Clause 4
Article 65 as follows:
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5. Clause 4 of this Article also applies to industrial designs
disclosed in industrial property applications or titles of protection published
by regulatory agencies managing industrial property rights in cases where such
publication is not in accordance with law or the application is filed by a
person without the right to register.”.
20. Article 67 is amended as follows:
“Article 67. Industrial
applicability of industrial designs
1. An industrial design shall be considered industrially
applicable if it can serve as a model for mass production of products having an
external appearance or part thereof as the industrial design through
manufacturing physical products by industrial or handicraft methods or for
consistent reproduction of non-physical products in cyberspace.
2. The Minister of Science and Technology shall provide
detailed regulations for this Article.”.
21. Amendments to certain points and clauses of Article 74:
a) Point dd is amended and
Point dd1 is added after Point dd Clause 2 as follows:
“dd)
Signs indicating the geographical origin of goods or services, except where such
signs have been widely used and recognized as a trademark prior to the filing
date or registered as a collective mark or certification mark as prescribed in
this Law; for signs indicating the geographical origin of goods or services of
Vietnam, implementation shall comply with Point dd1 of this Clause;
dd1) Signs indicating the
geographical origin of goods or services of Vietnam, except where such signs
have been widely used and recognized as a trademark prior to the filing date or
where such signs constitute elements of a distinctive sign registered as a
collective mark or certification mark as prescribed in this Law;”;
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“3. The Minister of
Science and Technology shall provide detailed regulations for this Article.”.
22. Point c is added after Point b Clause 1 Article 86 as
follows:
“c) Organizations assigned
the right to manage, use, or ownership of results of science, technology and
innovation tasks using the state budget in accordance with law on science,
technology and innovation shall have the right to register inventions,
industrial designs, and layout designs resulting from such tasks.”.
23. Article 89 is amended as follows:
“Article 89. Filing
methods for applications requesting procedures related to industrial property
rights
1. Vietnamese organizations and individuals, foreign
individuals permanently residing in Vietnam, foreign organizations and
individuals that have production or business establishments in Vietnam may file
applications requesting procedures related to industrial property rights either
directly or through lawful representatives in Vietnam.
2. Foreign individuals not permanently residing in Vietnam and
foreign organizations and individuals without production or business
establishments in Vietnam shall file applications requesting procedures related
to industrial property rights through lawful representatives in Vietnam.
3. Applications in procedures related to industrial property
rights must be filed in written form in paper format or electronic format via
the electronic filing system.
4. The Minister of Science and Technology shall provide
detailed regulations for this Article.”.
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“1. Inventions classified
as state secrets in technical fields affecting national defense and security,
created in Vietnam and subject to registration rights of Vietnamese citizens
residing in Vietnam or organizations established under Vietnamese law, may only
be filed abroad after obtaining permission from the Ministry of National
Defense or the Ministry of Public Security.”.
25. Clause 1 Article 92 is amended as follows:
“1. A title of protection
shall record:
a) The owner of the
invention, industrial design, layout design, trademark or the representative of
the owner of the invention, industrial design, layout design in cases where the
applicant is an organization assigned the right to manage and use results of
science, technology and innovation tasks using the state budget (hereinafter
referred to as the title holder);
b) The author of the
invention, industrial design, layout design;
c) The subject matter,
scope and term of protection.”.
26. Clause 3 is amended and Clause 4 is added after Clause 3
Article 94 as follows:
“3. Fees and charges for
maintenance and renewal of validity of titles of protection shall comply with
the law on fees and charges.
4. The Minister of Science and Technology shall provide
procedures for maintenance and renewal of validity of titles of protection.”.
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“8. The Minister of
Science and Technology shall provide procedures for requesting termination of
validity of titles of protection and the termination thereof.”.
28. Amendments to certain points and clauses of Article 96:
a) Point d is added after
Point c Clause 1 as follows:
“d) The author of the
invention, industrial design or layout design does not meet the requirements
prescribed in Clause 1 Article 122 of this Law.”;
b) Point e Clause 2 is
amended as follows:
“e) The invention,
industrial design or trademark does not comply with the first-to-file principle
prescribed in Article 90 of this Law.”;
c) Clause
7 is amended as follows:
“7. The Minister of
Science and Technology shall provide detailed regulations for this Article.”.
29. A number of clauses of Article 97 are amended as follows:
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“1. The title holder,
organizations and individuals exercising the right to register geographical
indications as prescribed in Article 88 of this Law, and geographical
indication management organizations shall have the right to request amendments
to the following information in titles of protection upon payment of fees and
charges:
a) Changes or corrections
of errors relating to information on authors, title holders, geographical
indication management organizations;
b) Amendments to the
description of characteristics, specific quality, geographical area bearing the
geographical indication; amendments to regulations on use of collective marks
or certification marks.
2. At the request of the title holder, organizations and
individuals exercising the right to register geographical indications, or
geographical indication management organizations, the regulatory agencies
managing industrial property rights shall correct errors in titles of
protection caused by such agencies. In this case, no fees or charges are required.”;
b) Addition of Clause 4
after Clause 3 as follows:
“4. The Minister of
Science and Technology shall provide detailed regulations for this Article.”.
30. Article 99 is amended as follows:
“Article 99.
Publication of decisions relating to titles of protection
Decisions on grant,
termination, annulment or amendment of titles of protection for industrial
property rights shall be published in the Industrial Property Gazette within
thirty days from the date of issuance.”.
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“Article 100. General
requirements for industrial property applications
1. Industrial property applications shall include documents
relating to the subject matter requested for protection and other relevant
documents.
2. Industrial property applications and documents for
transactions relating thereto between applicants and competent authorities
shall be made in Vietnamese, except for certain documents which may be made in
other languages but must be translated into Vietnamese upon request.
3. Each industrial property application shall request the grant
of only one title of protection for one single industrial property subject
matter, except for cases prescribed in Clauses 4, 5 and 6 of this Article.
4. Each application may request the grant of one invention
patent or one utility solution patent for a group of inventions having a close
technical relationship aimed at implementing a single inventive concept.
5. Each application may request the grant of one industrial
design patent for multiple industrial designs in the following cases:
a) Industrial designs of a
set of products consisting of multiple products expressing a single common creative
idea, used together or for a common purpose;
b) One industrial design
accompanied by one or more variants constituting modifications thereof under a
single common creative idea without significant difference.
6. Each application may request the grant of a certificate of
trademark registration for one trademark used for one or more different goods
or services.
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8. The Minister of Science and Technology shall provide
detailed regulations for this Article.”.
32. Article 107 is amended as follows:
“Article 107.
Authorization of representation in procedures related to industrial property
rights
1. Organizations and individuals may authorize other
organizations or individuals to represent them in carrying out procedures
related to industrial property rights. The authorization for carrying out procedures related to
industrial property rights must be made in writing.
2. A written authorization shall include the following
principal contents:
a) Full name and address of
the authorizing party and the authorized party;
b) Scope of authorization;
c) Term of authorization;
d) Date of authorization;
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3. Where a written authorization does not specify the term of
authorization, such term shall be determined in accordance with the Civil Code. Where the authorizing party
or the authorized party unilaterally terminates the authorization, there must
be a written declaration of termination of the authorization.
4. The Minister of Science and Technology shall provide
guidance on authorization in carrying out procedures related to industrial
property rights.”.
33. Article 108 is amended as follows:
“Article 108. Filing
date and conditions for acceptance of industrial property applications
1. The filing date of an industrial property application is the
date on which the application is received by the competent regulatory agencies
or the international filing date for an application filed under an
international treaty. An application shall be accepted only if it meets the
conditions prescribed by the Minister of Science and Technology, except for the
case prescribed in Clause 2 of this Article.
2. Applications for secret inventions shall be handled in
accordance with regulations of the Government.”.
34. A number of points and clauses of Article 109 are amended,
supplemented and annulled as follows:
a) Point c1 is added after
Point c Clause 2 as follows:
“c1) There are grounds to
affirm that the author of the invention, industrial design or layout design
does not meet the requirements prescribed in Clause 1 Article 122 of this Law;”;
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“4. An industrial property
application that does not fall under the cases prescribed in Clause 2 of this
Article shall be considered formally valid and shall be published in accordance
with Article 110 of this Law and substantively examined in accordance with
Article 114 of this Law, or procedures for grant of a title of protection shall
be carried out and the application shall be recorded in the National Register
of Industrial Property in accordance with Article 118 of this Law in the case
of a layout design application. The date on which the application is transferred for
publication is the date on which the application is considered formally valid.
5. An invention application, industrial design application or
trademark application refused a title of protection because it is not formally
valid shall be deemed not to have been filed, but may be used as a basis for
claiming priority rights.
6. The Minister of Science and Technology shall provide
detailed regulations on formal examination of industrial property
applications.”.
35. Clauses 1a, 1, 2 and 3 of Article 110 are amended as follows:
“1a. A trademark application
shall be disclosed immediately after it is accepted.
1. A valid industrial property application shall be published
in the Industrial Property Gazette in accordance with this Article.
2. An invention application that is formally valid shall be
published in the nineteenth month from the filing date or from the priority
date for an application enjoying priority rights.
Where the applicant requests early publication,
the application shall be published within 1 month from the date on which the
applicant requests early publication or from the date on which the application
is considered valid, whichever is later.
3. An industrial design application, trademark application or
geographical indication application shall be published within 1 month from the
date on which the application is considered valid. An industrial design
application may be published at a later time at the request of the applicant
made at the time of filing, but no later than 7 months from the filing date.”.
36. Article 111 is amended as follows:
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1. Before an invention application or industrial design application
is published in the Industrial Property Gazette, information contained in the
application must be kept confidential.
2. Cadres, civil servants, public employees and workers
involved in the application processing procedure who disclose confidential
information in an invention application or industrial design application shall
be subject to disciplinary action; where such disclosure causes damage to the
applicant, compensation must be paid in accordance with law.”.
37. A number of clauses of Article 112a are amended as follows:
a) Clause 1 is amended as
follows:
“1. Within the following
time limits, any third party shall have the right to oppose the grant of a
title of protection:
a) 6 months from the date
of publication of an invention application, or 3 months from the date of
publication of an invention application in the case where the invention
application is subject to accelerated substantive examination in accordance
with Clause 2a Article 119 of this Law;
b) 3 months from the date
of publication of an industrial design application, trademark application or
geographical indication application.”;
b) Clause 3 is amended as
follows:
“3. The Minister of
Science and Technology shall provide detailed regulations on procedures for
handling opposition opinions prescribed in Clause 2 of this Article.”.
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a) Clause 1 is amended as
follows:
“1. Within 36 months from
the filing date or from the priority date in the case of an application
enjoying priority rights, the applicant for an invention application or any
third party shall have the right to request substantive examination of the
application, provided that the substantive examination fee is paid.”;
b) Addition of Clause 4
after Clause 3 as follows:
“4. The Minister of
Science and Technology shall provide detailed regulations on procedures for
requesting and handling requests for substantive examination of invention
applications.”.
39. Clause 3a is added after Clause 3; Clause 4 of Article 114 is
amended as follows:
“3a. Substantive examination of
an industrial property application shall be temporarily suspended in the
following cases:
a) The applicant submits a
request for temporary suspension of substantive examination of the application
in order to request termination of validity or annulment of validity of a
certificate of trademark registration under the exclusion cases prescribed at
Points e and h Clause 2 Article 74 of this Law.
Substantive examination of the application
shall continue after there is a result of settlement of the request for
termination of validity or annulment of validity of the certificate of
trademark registration;
b) There is a notice of
acceptance by a competent Court of a lawsuit filed by a third party concerning
the right to register an industrial property subject matter or a trademark
registered in bad faith. Substantive examination of the application shall continue
immediately after the Court’s judgment or decision legally takes effect.
4. The Minister of Science and Technology shall provide
detailed regulations on substantive examination of industrial property
applications and on the use of substantive examination results of invention
applications prescribed in Clause 3 of this Article.”.
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“5. The Minister of
Science and Technology shall provide detailed regulations for this Article.”.
41. Clause 4 is added after Clause 3 Article 116 as follows:
“4. The Minister of
Science and Technology shall provide detailed regulations for this Article.”.
42. A number of points and clauses of Article 117 are
supplemented and annulled as follows:
a) Point e is added after
Point dd Clause 1 as follows:
“e) The application is
deemed invalid in accordance with Clause 2 Article 109 of this Law.”;
b) Clause 1b is added
after Clause 1a as follows:
“1b. In addition to the cases
prescribed in Clauses 1 and 1a of this Article, an invention application or
industrial design application shall be refused a title of protection where
there are grounds to affirm that the author of such invention or industrial
design does not meet the requirements prescribed in Clause 1 Article 122 of
this Law.”;
c) Clause 3 is annulled.
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“Article 118. Grant of titles of protection and registration
Where an industrial
property application does not fall under the cases of refusal of grant of a
title of protection prescribed at Points a, b, c, d and dd Clause 1, Clauses
1a, 1b and 2 Article 117 of this Law and the applicant fully pays the fees and
charges as prescribed by law, the regulatory agencies managing industrial
property rights shall issue a decision to grant a title of protection and
record it in the National Register of Industrial Property.”.
44. Clause 2 is amended; Clause 2a is added after Clause 2
Article 119 as follows:
“2. An industrial property
application shall be substantively examined within the following time limits:
a) For inventions: within 12 months from the
date of publication of the application if the request for substantive
examination is filed before the publication date of the application, or from
the date of receipt of the request for substantive examination if such request
is filed after the publication date of the application;
b) For trademarks,
industrial designs and geographical indications:
within 5 months from the date of publication of
the application.
2a. In cases prescribed by the
Government, the applicant shall have the right to request accelerated substantive
examination for an invention application or trademark application. Accelerated substantive
examination shall be carried out within 3 months from the time specified at
Point a or Point b Clause 2 of this Article.”.
45. A number of clauses of Article 119a are amended as follows:
a) Clauses 1 and 2 are
amended as follows:
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2. Vietnamese organizations and individuals, foreign
individuals permanently residing in Vietnam, and foreign organizations and
individuals that have production or business establishments in Vietnam may
lodge complaints either directly or through lawful representatives in Vietnam. Foreign individuals not
permanently residing in Vietnam, and foreign organizations and individuals
without production or business establishments in Vietnam shall lodge complaints
through lawful representatives in Vietnam. Authorization of a lawful representative in Vietnam to lodge
a complaint must be made in writing. Such written authorization is not required to be notarized
or certified.”;
b) Clause 5 is amended as
follows:
“5. The time limit for
complaint settlement shall comply with the law on complaints. The time for
re-examination in the cases prescribed in Clause 4 of this Article, the time
for complainants, complained-against persons, regulatory agencies,
organizations and individuals concerned to provide opinions, information,
documents and evidence regarding the subject matter of the complaint, the time
for conducting expert examination solicitation (if any), and the time for
complainants to amend and supplement complaint applications shall not be
included in the time limit for complaint settlement.”;
c) Clause 7 is added after
Clause 6 as follows:
“7. The Minister of
Science and Technology shall provide detailed regulations on complaints and
settlement of complaints relating to industrial property procedures.”.
46. Clause 3 Article 120 is amended as follows:
“3. The Minister of
Science and Technology shall provide detailed regulations on international
applications and procedures for processing international applications under
relevant international treaties in conformity with the principles of this
Chapter.”.
47.
Clause 2 of Article 120a is amended as follows:
“2. Publication of the
international application, processing of third-party opinions, and assessment
of protection conditions for geographical indications in the international
application shall comply with the corresponding provisions of this Law
applicable to geographical indications in geographical indication applications
filed under the procedures prescribed by this Law.”.
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“3. An organization
recorded as the owner’s representative in the title of protection may represent
the owner in exercising the owner’s rights to an invention, industrial design,
or layout design in accordance with this Law and other relevant laws.”.
49. A number of points of Clause 2 Article 124 are amended as
follows:
a) Point a is amended as
follows:
“a) Manufacturing a
product or part of a product the external appearance of which is the protected
industrial design;”;
b) Point d is added after
Point c as follows:
“d) Circulating digital
copies of a non-physical product the external appearance or part of the
external appearance of which is the protected industrial design.”.
50. Point d Clause 1 Article 146 is amended as follows:
“d) The transferee of the
right to use shall pay the holder of the exclusive right to use a reasonable
compensation amount depending on the economic value of such right to use in
each specific case in accordance with regulations of the Government, except
where the right to use an invention is transferred under a compulsory decision
for importation of pharmaceuticals under an international treaty to which the
Socialist Republic of Vietnam is a member and the compensation amount for such
transferred use of the invention has already been paid in the exporting
country;”.
51. Clause 1 of Article 147 is amended as follows:
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A ministry or ministerial
agency shall issue a decision on transfer of the right to use an invention
within its state management sector in the cases prescribed at Points a and dd
Clause 1 Article 145 of this Law.”.
52. Clause 3 of Article 148 is amended as follows:
“3. A contract on use of
an industrial property subject matter prescribed in Clause 2 of this Article,
except for a trademark use contract, must be registered with competent
regulatory agencies in order to be legally valid against third parties.”.
53. Article 150 is amended as follows:
“Article 150.
Processing of applications for registration of contracts for transfer of
industrial property rights
1. The Government shall provide regulations on applications for
registration of contracts on use of industrial property subject matters, and
procedures for receipt and processing of applications for registration of
contracts on use of industrial property subject matters.
2. The Minister of Science and Technology shall provide
regulations on applications for registration of contracts for assignment of
industrial property rights, and procedures for receipt and processing of
applications for registration of contracts for assignment of industrial
property rights.”.
54. Clause 3 of Article 155 is amended as follows:
“3. The Government shall
provide detailed regulations on examination of professional qualifications in
industrial property representation, and grant and re-grant of the certificate
of qualification for industrial property representation services. The Minister of Science and
Technology shall provide the training program in law on industrial property
rights.”.
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a) The title of Article is
amended as follows:
“Article 156. Recordation and removal of names of industrial property
representatives, revocation of the certificate of qualification for industrial
property representation services”;
b) Clauses 1 and 2 are
amended as follows:
“1. Organizations and
individuals meeting the business and professional practice conditions for
industrial property representation services prescribed in Articles 154 and 155
of this Law shall be recorded by regulatory agencies managing industrial
property rights in the National Register of Industrial Property Representatives.
2. Where an industrial property representative no longer meets
the business and professional practice conditions for industrial property
representation services prescribed in Articles 154 and 155 of this Law,
competent regulatory agencies shall revoke the certificate of qualification for
industrial property representation services and remove the name of that
industrial property representative from the National Register of Industrial
Property Representatives.”;
c) Clause 5 is added after
Clause 4 as follows:
“5. The Government shall
provide detailed regulations on procedures for recordation and removal of names
of industrial property representatives, and revocation of the certificate of
qualification for industrial property representation services.”.
56. A number of points and clauses of Article 164 are added as
follows:
a) Point b1 is added after
Point b Clause 2 as follows:
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b) Clause 2a is added
after Clause 2 as follows:
“2a. Where multiple organizations
or individuals jointly breed or discover and develop a plant variety, or invest
in an author for breeding or discovering and developing a plant variety, all
such organizations and individuals shall have the right to register, and such
right may only be exercised with the consent of all such organizations and
individuals.”.
57. A number of clauses of Article 165 are amended as follows:
a) Clause 1 is amended as
follows:
“1. Vietnamese
organizations and individuals; foreign organizations and individuals
permanently residing in Vietnam or having plant variety production or business
establishments in Vietnam may file applications for registration of rights to
plant varieties either directly, through such organization’s plant variety
production or business establishment, or through an organization providing
plant variety rights representation services; other organizations and
individuals prescribed in Article 157 of this Law shall file applications
through an organization providing plant variety rights representation
services.”;
b) Clause 7 is amended as
follows:
“7. The Government shall
provide detailed regulations on examination of professional qualifications in
plant variety rights representation; grant, re-grant, and revocation of the
certificate of qualification for plant variety rights representation services;
and recordation, re-recordation, and removal of names of organizations
providing plant variety rights representation services. The Minister of Agriculture
and Environment shall provide the training program in law on plant variety
rights.”.
58. Clause 3 Article 170 is amended as follows:
“3. In the case prescribed
at Point b Clause 1 of this Article, the plant variety protection certificate shall
be automatically suspended from the commencement date of the first validity
year for which the fee for maintenance of validity is not paid. Within 60 days from the
date on which the plant variety protection certificate is suspended, regulatory
agencies managing plant variety rights shall notify such suspension in
accordance with Clause 5 of this Article.”.
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“d) Issuing a notice of
acceptance of the application and requesting the registrant to send a variety
sample to a testing establishment for technical testing within 30 days before
the first planting season from the date of issuance of the notice of acceptance
of the application for protection of that plant variety, except where the plant
variety is self-tested by the registrant in accordance with Clause 2 Article
178 of this Law if such application is valid, or the registrant has remedied
the deficiencies to satisfaction, or has well-grounded opinions opposing the
notice prescribed at Point b of this Clause. Where the registrant conducts technical testing by itself,
such testing must commence within 24 months from the date on which the
application is accepted as valid. Upon expiry of the above time limit, if the registrant
has not commenced self-testing, the application for protection of the plant
variety shall be deemed withdrawn at the time of expiry of such time limit.”.
60. Clause 3 of Article 178 is amended as follows:
“3. The
time limit for appraisal of technical testing results is 60 days from the date
of receipt of the technical testing results.”.
61. Article 183 is amended as follows:
“Article 183. Grant of
the plant variety protection certificate
1. Where an application for protection is not refused in
accordance with Article 182 of this Law and the registrant pays the fee,
regulatory agencies managing plant variety rights shall decide to grant the
plant variety protection certificate and record it in the National Register of
Protected Plant Varieties.
2. Organizations and individuals registering rights to plant
varieties in accordance with Clause 2 Article 164 of this Law and granted the
plant variety protection certificate by competent regulatory agencies shall be
the plant variety right holders, except for the case prescribed in Clause 3 of
this Article.
3. An organization assigned the right to manage and use results
of a science, technology and innovation task using the state budget that
registers rights to plant varieties in accordance with Point b1 Clause 2
Article 164 of this Law and is granted the plant variety protection certificate
by competent regulatory agencies shall represent the owner in exercising the
owner’s rights to the plant variety.”.
62. Clause 5 of Article 191 is amended as follows:
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63. Clause 1 Article 196 is amended as follows:
“1. The People’s Committee
of a province or centrally-affiliated city shall issue a decision on transfer
of the right to use a plant variety on the basis of considering the request for
transfer of the right to use in the case prescribed in Clause 1 Article 195 of
this Law.”.
64. The title of the Article and a number of clauses of Article
198b are amended as follows:
a) The title of Article is
amended as follows:
“Article 198b. Legal responsibilities for
intellectual property rights of intermediary service providers and operators of
digital platforms”;
b) Clause 1 is amended as
follows:
“1. An intermediary
service provider is an enterprise providing technical means and digital
platforms for organizations and individuals using the service to upload digital
information content to cyberspace; and providing online connection for the
public to access and use digital information content in cyberspace.”;
c) Clause 5a is added
after Clause 5 as follows:
“5a. Operators of digital
platforms are responsible for implementing measures to protect intellectual
property rights in cyberspace in accordance with laws on intellectual property,
e-commerce, cyber security and other relevant laws.”.
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a) Clause 1 is amended as
follows:
“1. Within the scope of
their tasks and powers, Courts and persons competent to impose administrative
sanctions in accordance with the law on handling of administrative violations
shall have the competence to handle acts of infringement of intellectual
property rights.”;
b) Clause 3 is amended as
follows:
“3. Application of
administrative measures falls within the competence of persons competent to
impose administrative sanctions in accordance with the law on handling of
administrative violations. Where necessary, persons competent to impose administrative
sanctions may apply measures for prevention and assurance of handling of
administrative violations in accordance with the law on handling of
administrative violations.”.
66. A number of points and clauses of Article 201 are amended as
follows:
a) Clause 2 is amended as
follows:
“2.
Enterprises, cooperatives, public sector entities, and law-practicing
organizations established and operating in accordance with law and having at least
one individual holding an intellectual property expert examiner card may
conduct activities of judicial expertise in intellectual property, except for
the case prescribed in Clause 2a of this Article.”;
b) Point d is amended, and
Point dd is added after Point d Clause 3 as follows:
“d)
Holding a university degree or higher in a major appropriate to the field in
which the expert examiner card is requested;
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c) Clause 3a is added
after Clause 3 as follows:
“3a. Where a person granted an
intellectual property expert examiner card no longer meets the conditions
prescribed in Clause 3 of this Article, competent regulatory agencies shall
revoke such intellectual property expert examiner card.”;
d) Clause
5 is amended as follows:
“5.
Intellectual property rights holders and other relevant organizations and
individuals shall have the right to request judicial expertise in intellectual
property in order to protect their lawful rights and interests. Competent regulatory
agencies handling acts of infringement of intellectual property rights shall
have the right to request judicial expertise in intellectual property when
settling cases under their handling. An expert conclusion is one of the sources of evidence for
competent authorities to handle and settle the case. An expert conclusion shall
not conclude on an act of infringement of intellectual property rights or
conclude on a dispute.”.
67. Clause 5 is amended; Clauses 6 and 7 are added after Clause
5 Article 202 as follows:
“5. Compulsory
destruction, or compulsory distribution or putting into use for non-commercial
purposes, of goods, raw materials, materials, and means used primarily for
production and trading of goods infringing intellectual property rights,
provided that this does not affect the possibility of commercial exploitation
of rights of the intellectual property rights holder, except for the case
prescribed in Clause 6 of this Article.
6. Compulsory destruction of trademark-counterfeit goods and
pirated goods, except for certain special cases prescribed by the Government;
compulsory destruction, or compulsory distribution or putting into use for
non-commercial purposes, of raw materials, materials, and means used for
producing trademark-counterfeit goods and pirated goods, provided that this
does not affect the possibility of commercial exploitation of rights of the
intellectual property rights holder.
7. Compulsory removal, concealment, or disabling of access to
information, content, accounts, websites, applications, or Internet address
identifiers related to acts of infringement of intellectual property rights.”.
68. A number of points and clauses of Article 205 are amended as
follows:
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“d) Where the level of
compensation for material damage cannot be determined on the grounds prescribed
at Points a, b and c of this Clause, the level of compensation for material
damage shall be decided by the Court depending on the extent of damage, but
shall not exceed VND 1 billion.”;
b) Clause 2 is amended as
follows:
“2. Where the plaintiff
proves that the act of infringement of intellectual property rights has caused
moral damage to him/her, he/she shall have the right to request the Court to
decide the level of compensation within the range from 10 times to 100 times
the statutory pay rate prescribed by the State, depending on the extent of
damage. At the
time when the statutory pay rate is abolished, the reference level for determining
compensation shall be prescribed by the Government on the principle that it
must not be lower than the level prescribed in this Clause.”.
69. Point dd is added after Point d Clause 1 Article 207 as
follows:
“dd) Concealing or
temporarily disabling access to information, content, accounts, websites,
applications, or Internet address identifiers related to acts of infringement
of intellectual property rights.”.
70. A number of points and clauses of Article 211 are amended as
follows:
a) Point b Clause 1 is
amended as follows:
“b) Producing, importing,
storing, transporting, trading in intellectual property counterfeit goods
prescribed in Article 213 of this Law, or assigning another person to commit
such act;”;
b) Clause 3 is amended as
follows:
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71. Phrases in the Chapter title and a number of Articles are
added and replaced as follows:
a) The phrase “encrypted
cable program-carrying signals,” is added before the phrase “encrypted
satellite program-carrying signals” in Clause 1 Article 3, Clauses 3, 10c and 10d
Article 4, Clause 2 Article 6, Clauses 3 and 4 Article 17, and Clauses 9 and 10
Article 35;
b) The phrase “,
rebroadcasting, communication to the public” is added after the phrase “for
broadcasting” at Point a Clause 1 Article 26 and Point a Clause 1 Article 33;
c) The phrase “Ministry of
Agriculture and Rural Development” is replaced by the phrase “Ministry of
Agriculture and Environment” in Clauses 2, 3 and 5 Article 11, and Clause 2
Article 178;
d) The phrase “COLLECTIVE
REPRESENTATIVE, CONSULTANCY, SERVICE ORGANIZATIONS” is replaced by the phrase
“COLLECTIVE MANAGEMENT ORGANIZATIONS, REPRESENTATIVE SERVICE ORGANIZATIONS” in
the title of Chapter VI;
dd) The phrase “collective
representative organization of copyright and related rights” is replaced by the
phrase “collective management organization of copyright and related rights” in
Article 56;
e) The phrase “copyright
and related rights consultancy and service organization” is replaced by the
phrase “copyright and related rights representative service organization” in
Article 57;
g) The phrase “Point b
Clause 3 Article 117” is replaced by the phrase “Point a Clause 3a Article 114”
at Points e and h Clause 2 Article 74;
h) The phrase “power of
attorney” is replaced by the phrase “written authorization” at Point c Clause 2
Article 50, Clause 1 Article 116, Point c Clause 1 and Point a Clause 2 Article
174;
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72. Articles 52, 101, 102, 103, 104, 105, 106 and 149 are
annulled.
Article
2. Entry into force
This Law comes into force
on April 1, 2026.
Article
3. Transitional provisions
1. Industrial property applications and applications for grant
of intellectual property expert examiner cards filed before the effective date
of this Law shall be processed in accordance with the laws effective at the
time of filing, except for the following contents, which shall comply with this
Law:
a) Formal examination of
industrial property applications that have not yet been accepted as valid by
regulatory agencies managing industrial property rights;
b) The opposition time
limit for industrial property applications published from the effective date of
this Law;
c) The substantive
examination time limit for industrial property applications published from the
effective date of this Law.
2. For applications for protection of plant varieties filed
before the effective date of this Law but for which technical testing has not
yet been conducted, the 24-month time limit prescribed at Point d Clause 3
Article 176 of 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 and Law No. 93/2025/QH15,
as amended by Clause 59 Article 1 of this Law, shall be calculated from the
effective date of this Law.
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4. Grounds for annulment of validity of a title of protection
shall be applied in accordance with the laws effective for examination of the
grant of that title of protection.
5. Cases of infringement of intellectual property rights accepted
for handling by competent authorities before the effective date of this Law but
not yet fully resolved shall continue to be resolved in accordance with 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 and Law No. 93/2025/QH15.
This Law was passed by
the 15th National Assembly of the Socialist Republic of Vietnam at
its 10th Session on December 10, 2025.
PRESIDENT OF THE NATIONAL ASSEMBLY
Tran Thanh Man