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Vietnam – Patents of Invention, Industrial Designs, Trade and Service Marks, Domain Names

Vietnam

GENERAL INFORMATION

Area: 329,707 sq. km.

Population: 105,758,975 (2024).

Capital: Hanoi.

Language: Vietnamese.

Currency: Dong.

 

GENERAL REMARKS

The Democratic Republic of Vietnam, established on September 2, 1945, adopted a constitution on December 31, 1959, based on communist principles and calling for reunification of all Vietnam. After several years of war, North and South Vietnam became a unified country in 1975, which is now known as the Socialist Republic of Vietnam.

 

PATENTS OF INVENTION

LEGAL BASIS

  • IP Law 50/2005, effective from July 1, 2006; last amendment effective from April 1, 2026.

 

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since March 8, 1949.
  • Patent Cooperation Treaty (PCT), since March 10, 1993.

 

FILING REQUIREMENTS

  • Power of Attorney, only signature and seal, no notarization required (valid for several applications from the same applicant);
  • Assignment of inventor’s right, only signature, no notarization required (not required for PCT applications);
  • Specification in English, French, German or Russian for translation into Vietnamese: 1 copy; Vietnamese text: 1 copy;
  • Formal drawings, 1 copy;
  • Assignment of priority right, if any, notarized (not required for PCT applications);
  • Priority document, attested by the authority for the prior application (not required for PCT applications).

 

REMARKS

National Phase of PCT: under Chapter 1: 31 months; under Chapter II: 31 months.

Validity: issued after a formal and full examination – valid for 20 years from the filing date.

Annuities: are payable at the date of grant (annuities are not required for pending applications); subsequent annuities are due within the six-month period prior to the anniversary of the grant date.

Opposition: any third party may file an opposition within six months from the publication of the patent application (or three months if the application is under accelerated examination).

 

 

TRADE AND SERVICE MARKS

LEGAL BASIS

  • IP Law 50/2005, effective from July 1, 2006; last amendment effective from April 1, 2026.

 

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since March 8, 1949.
  • Madrid Agreement, Stockholm Act, since March 8, 1949.
  • Madrid Protocol, since July 11, 2006.

 

FILING REQUIREMENTS

  • Power of Attorney (no notarization);
  • 1 specimen (black and white) or 20 (if colors are claimed), max. size 8 x 8 cm (even for word marks);
  • Priority document, if any.

 

REMARKS

Kinds of protection: verbal, pictorial and other designations or their combination. Service marks are registrable.

Classification: International.

Obligation to use the registered mark: a mark is subject to cancellation if it is not used within five consecutive years preceding the cancellation action, beginning with the registration date.

Duration – renewals: 10-year period after the filing date or last renewal date.

Opposition: any third party may file an opposition within three months from the publication of the trademark application and before the date of issuance of a decision to grant.

 

 

INDUSTRIAL DESIGNS

LEGAL BASIS

  • IP Law 50/2005, effective from July 1, 2006; last amendment effective from April 1, 2026.

 

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act, since March 8, 1949.
  • Hague Agreement, Geneva Act, since December 30, 2019.

 

FILING REQUIREMENTS

  • Power of Attorney, only signature and seal, no notarization required;
  • A description of the industrial design;
  • Drawings or photographs (5 sets) (min. 30 x 30 mm), from all sides including perspective view;
  • Authorization from the creator (if relevant), only signature, no notarization required;
  • Priority document (if relevant).

 

REMARKS

Duration – renewals: after formal and novelty examination: 5 years from the filing date. Extension possible for two further consecutive 5-year periods.

Opposition: any third party may file an opposition within three months from the publication of the application and before the date of issuance of a decision to grant.

 

 

DOMAIN NAMES

LEGAL BASIS

  • There is no specific legislation on country code top-level domain names

 

FILING

  • ccTLD: .vn
  • Applicant: individuals and legal entities.
  • Local presence: not required.

 

REMARKS

Duration – renewals: one year, renewable.

Uniform dispute resolution procedure: a Dispute Resolution Policy is provided by the VNNIC.

 

 

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