Circular No. 06/2024/TT-BKHCN amends, supplements, and provides detailed guidance on certain provisions of Circular No. 11/2015/TT-BKHCN dated June 26, 2015, issued by the Minister of Science and Technology, detailing and guiding the implementation of certain provisions of Decree No. 99/2013/NĐ-CP dated August 29, 2013, of the Government on administrative penalties for violations in the field of intellectual property.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 11/2015/TT-BKHCN dated June 26, 2015, issued by the Minister of Science and Technology detailing and guiding the implementation of certain provisions of Decree No. 99/2013/NĐ-CP dated August 29, 2013, of the Government on administrative penalties for violations in the field of industrial property.

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Pursuant to the Intellectual Property Law on November 29, 2005; the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law on June 19, 2009; the Law Amending and Supplementing Certain Provisions of the Insurance Business Law and the Intellectual Property Law on June 14, 2019; the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law on June 16, 2022;

Pursuant to the Law on Handling Administrative Violations on June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations on November 13, 2020;

Pursuant to Decree No. 28/2023/NĐ-CP dated June 2, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations;

Pursuant to Decree No. 99/2013/NĐ-CP dated August 29, 2013 of the Government stipulating administrative penalties for violations in the field of industrial property; Decree No. 126/2021/NĐ-CP dated December 30, 2021 of the Government amending and supplementing certain provisions of decrees stipulating administrative penalties for violations in the fields of industrial property; measurement standards, product quality; scientific and technological activities, technology transfer, atomic energy; Decree No. 46/2024/NĐ-CP dated May 4, 2024 of the Government amending and supplementing certain provisions of Decree No. 99/2013/NĐ-CP dated August 29, 2013 stipulating administrative penalties for violations in the field of industrial property which have been amended and supplemented certain provisions by Decree No. 126/2021/NĐ-CP dated December 30, 2021 of the Government;

Pursuant to Decree No. 65/2023/NĐ-CP dated August 23, 2023 of the Government detailing certain provisions and measures to implement the Intellectual Property Law on industrial property, intellectual property rights protection, rights to plant varieties, and state management of intellectual property;

At the proposal of the Inspector General of the Ministry and the Director of the Legal Department;

The Minister of Science and Technology promulgates this Circular amending and supplementing certain Articles of Circular No. 11/2015/TT-BKHCN dated June 26, 2015, issued by the Minister of Science and Technology detailing and guiding the implementation of certain provisions of Decree No. 99/2013/NĐ-CP dated August 29, 2013 of the Government stipulating administrative penalties for violations in the field of industrial property.

Article 1. Amending and supplementing certain Articles of Circular No.11/2015/TT-BKHCN dated June 26, 2015, issued by the Minister of Science and Technology detailing and guiding the implementation of certain provisions of Decree No. 99/2013/NĐ-CP dated August 29, 2013 of the Government stipulating administrative penalties for violations in the field of industrial property

1. Amending and supplementing Article 1 as follows:

"Article 1. Scope of Regulation and Applicability

2. Applicability:

This Circular details and guides the implementation of certain provisions of Decree No. 99/2013/NĐ-CP dated August 29, 2013 of the Government stipulating administrative penalties for violations in the field of industrial property, which has been amended and supplemented certain provisions by Decree No. 126/2021/NĐ-CP dated December 30, 2021 and Decree No. 46/2024/NĐ-CP dated May 4, 2024 of the Government (hereinafter referred to as Decree No. 99/2013/NĐ-CP).

第二条 组织和实施奖励工作的支出水平，如政府第152/2025/NĐ-CP号决定关于分级授权和奖励领域的分权规定

a) The subject regulated under Article 1a of Decree No. 99/2013/NĐ-CP commits administrative violations in the field of industrial property;

b) The authority with the power to impose administrative penalties and record administrative violation reports in the field of industrial property as prescribed from Article 15 to Article 21a of Decree No. 99/2013/NĐ-CP;

c) Other organizations and individuals related to the imposition of administrative penalties in the field of industrial property.”

2. Amending and supplementing Article 3 as follows:

"Article 3. Forms of supplementary penalties

When applying the supplementary penalty form prescribed in Point c Clause 2 Article 3 of Decree No. 99/2013/NĐ-CP, the authority with the power to impose administrative penalties applies the measure of suspending part or all of the production, business, and service activities of the organization or individual who violates according to the principle of suspending activities directly related to the administrative violation being penalized. The measure of suspending all production, business, and service activities of the organization or individual who violates is applied in cases where all such activities are directly related to the administrative violation being penalized.”

3. Amending and supplementing Article 4 as follows:

"Article 4. Applying preventive measures and ensuring administrative violation handling

The authority with the power to impose administrative penalties considers and applies preventive measures and ensures administrative violation handling by temporarily holding domain names when receiving valid documents from the subject requesting the handling of unfair competition behavior related to the possession and use of domain names as prescribed in Point a Clause 16 Article 14 of Decree No. 99/2013/NĐ-CP, including:

1. A request to apply the preventive measure and ensure administrative violation handling "temporary holding of domain names" (in a separate document or expressed in the complaint letter regarding unfair competition behavior related to the possession and use of domain names);

2. Power of attorney as prescribed in Article 23 of Decree No. 99/2013/NĐ-CP (if applicable);

3. Documents and evidence proving unfair competition behavior related to the possession and use of domain names as prescribed in Point c Clause 2 Article 19 of this Circular.”

4. Amending and supplementing Article 6 as follows:

"Article 6. Determining the amount of illegal gains obtained from implementing administrative violations

1. The amount of unlawful gain obtained from implementing administrative violations is the benefit that organizations or individuals derive from committing administrative violations, including:

a) Money;

b) Valuable papers;

c) Other objects or assets.

2. Determining the amount of unlawful gain as money:

a) The amount of unlawful gain obtained in the form of money is the total amount of money that organizations or individuals derive from administrative violations, calculated based on the proceeds from transferring or consuming goods or providing services in violation of regulations, minus direct costs constituting the goods or services, based on documentation provided by the violator to prove the legality and validity of such costs;

b) The determination of the amount of unlawful gain as money shall be carried out as follows:

The amount of unlawful gain as money equals ( = ) the quantity of goods or volume of services transferred or consumed multiplied (x) by the unit price of the goods or services, minus (-) the direct costs constituting the goods or services (if the organization or individual has complete documentation to prove the legality and validity of such costs).

Where:

- The quantity of goods or volume of services transferred or consumed is determined based on the declaration of the violator and verification by authorized enforcement officers;

- The unit price of goods or services is determined based on the documentation of the violator. In cases where there is no documentation to determine the unit price, it shall be determined according to the market price of similar goods or services at the time of discovery of the violation;

If the quantity, volume, or unit price cannot be determined, the amount of unlawful gain obtained is the entire amount of money derived from the transfer or consumption of goods or provision of services contrary to the law.

3. Determining the amount of unlawful gain as valuable papers:

a) The amount of unlawful gain obtained in the form of valuable papers is all valuable papers that organizations or individuals derive from administrative violations;

b) Valuable papers referred to in Clause 1 of this Article are various types of valuable papers as defined by the Civil Code and other types of valuable papers as prescribed by relevant laws;

c) In cases where valuable papers have been transferred, the amount of unlawful gain is determined by the actual amount of money received at the time of transfer.

In cases where valuable papers have been disposed of or destroyed, the amount of unlawful gain is determined based on the book value of the issuing organization at the time of disposal or destruction.

4. Determining the amount of unlawful gain as other objects or assets:

a) The amount of unlawful gain as other objects or assets that organizations or individuals derive from administrative violations is other objects or assets as defined by the Civil Code;

b) In cases where other objects or assets have been transferred, consumed, or destroyed, the amount of unlawful gain is determined by the equivalent market value of similar assets or determined based on the book value of the asset (if there is no market value) or determined based on the monetary value of the asset recorded on export declaration forms or import declaration forms (if it is exported or imported goods) of the violator, after deducting direct costs constituting the goods based on documentation proving the legality and validity of such costs.”

5. Amend and supplement Article 7 as follows:

"Article 7. Acts of violation concerning indications protecting industrial property rights and the transfer of rights to use industrial property objects as stipulated in Article 6 of Decree No. 99/2013/NĐ-CP

1. The act of misleadingly indicating the legal status as stipulated in Point b, Clause 1 of Article 6 of Decree No. 99/2013/NĐ-CP is understood as providing information that misleads people into believing that the object is protected by industrial property rights in Vietnam, even though it is not or has not yet been protected, including cases where the object has filed for registration but has not yet been granted a protection certificate or the protection certificate has been revoked, terminated, or expired at the time of indication on goods, packaging, or business means, including:

a) Marking on goods, packaging, or business means misleading information about the trademark being protected by industrial property rights, such as: "trademark granted exclusive protection certificate", "protected trademark", "trademark under exclusive right of...", or similar indications, including using the symbol ® (indicating that the trademark is protected in Vietnam). In cases where the symbol ® is used on goods or packaging, and the goods or packaging (including labels for imported goods) provide truthful information about the protection status of the trademark in Vietnam, it will not be considered a violation of Point b, Clause 1 of Article 6 of Decree No. 99/2013/NĐ-CP;

b) Marking on goods, packaging, or business means misleading information about the product being protected by industrial property rights for design patents or utility models, such as: "product protected by exclusive design patent"; "product protected by exclusive utility model patent"; "product produced according to the patented process of..." or similar indications, including using the symbol “P” or “Patent” (indicating that the product or goods are produced according to a protected utility model patent). In cases where the symbol “P” or “Patent” is used on goods or packaging, and the goods or packaging (including labels for imported goods) provide truthful information about the protection status of the utility model patent in Vietnam, it will not be considered a violation of Point b, Clause 1 of Article 6 of Decree No. 99/2013/NĐ-CP.

2. The acts stipulated in Point c, Clause 1 of Article 6 of Decree No. 99/2013/NĐ-CP are understood as follows:

a) The act of receiving the transfer of trademark usage rights without implementing it in the form of a written contract in cases where the transferred trademark is used on goods and packaging is considered the act of receiving the transfer of trademark usage rights from the right holder and using that trademark on goods and packaging but not being expressed in the form of a contract containing all the contents prescribed in Clause 1, Article 144 of the Intellectual Property Law. Documents such as approval letters, consent letters, or similar documents from the right holder allowing one party to use the protected trademark without containing all the contents prescribed in Clause 1, Article 144 of the Intellectual Property Law shall not be considered as trademark usage rights transfer contracts;

b) The act of misleading indication is the act of marking on goods and packaging phrases such as "produced under an intellectual property object usage contract with..." or similar indications in Vietnamese or foreign languages in any of the following cases:

- The user has not been legally transferred the usage rights of the intellectual property object according to the law;

- There is an intellectual property object usage contract between the parties, but the information such as the name or number of the contract in the indication is inaccurate.

c) The act of failing to indicate is the act of not marking on goods and packaging the indication regarding the fact that the product or goods were produced under an intellectual property object usage contract.”

6. Amend and supplement the name of Section 2 Chapter II as follows:

“Section 2 Acts of Infringement and Unfair Competition in the Field of Intellectual Property”.

7. Amend and supplement Article 10 as follows:

“Article 10. Violations in the Field of Intellectual Property on the Internet

1. An act occurring on the Internet will be considered a violation in the field of intellectual property and subject to administrative penalty according to Decree No. 99/2013/NĐ-CP when it meets the elements prescribed in Clause 4, Article 72 of Government Decree No. 65/2023/NĐ-CP dated August 23, 2023 detailing certain provisions and measures for implementing the Intellectual Property Law concerning industrial property rights, protection of intellectual property rights, rights over plant varieties, and state management of intellectual property (hereinafter referred to as Decree No. 65/2023/NĐ-CP).

2. A domain name registrant who allows another organization or individual to use the domain name while knowing or having grounds to know that the organization or individual uses the domain name to commit acts violating the provisions of Clause 1 of this Article shall also be considered to have committed a violation and shall be subject to administrative penalties according to Decree No. 99/2013/NĐ-CP.”

8. Amend and supplement Point c and Point d Clause 3 Article 13 as follows:

“c) When filing a request to handle infringement against a well-known trade mark, the right holder must provide evidence proving that the trademark is famous in Vietnam according to Article 75 of the Intellectual Property Law, regardless of whether the trademark has been registered for protection in Vietnam or not;

d) Before deciding to proceed with the infringement handling procedure, the competent authority resolving the case shall examine and evaluate whether a trademark can be considered famous in Vietnam based on the provisions of Article 75 of the Intellectual Property Law.

In cases where a trademark famous in Vietnam is recognized through civil litigation procedures or where the recognition of a famous trademark leads to a decision to handle infringement against that famous trademark according to Point d, Clause 1, Article 129 of the Intellectual Property Law or leads to a decision not to protect another trademark according to Point i, Clause 2, Article 74 of the Intellectual Property Law, the competent authority resolving the case may exchange professional opinions with the competent state agency for industrial property management and/or seek expert opinions to consider and resolve the case.”

9. Amend and supplement Article 18 as follows:

“Article 18. Acts of Importing Goods Infringing Industrial Property Rights

1. Acts of importing goods infringing industrial property rights shall be subject to administrative penalties under Decree No. 99/2013/NĐ-CP except in the case provided for in Clause 2 of this Article.

2. The act of organizations or individuals importing products directly from the owner or organizations or individuals who have been transferred the usage rights, including compulsory licensing, or prior users of the industrial property object according to the Intellectual Property Law, which have been put on the domestic or international market, even though they do not have the consent of the industrial property right holder (parallel import), shall not be considered an act of infringing industrial property rights and shall not be subject to administrative penalties.”

10. Amend and supplement Clause 2 Article 19 as follows:

“2. Acts of holding and using domain names prescribed in Point a, Clause 16, Article 14 of Decree No. 99/2013/NĐ-CP:

a) The entity entitled to propose handling of the act of holding and using domain names prescribed in Point a, Clause 16, Article 14 of Decree No. 99/2013/NĐ-CP is an organization or individual suffering damage or likely to suffer damage due to this violation. The domain name prescribed in Point a, Clause 16 of Article 14 of Decree No. 99/2013/NĐ-CP is a domain name under the management of Vietnam (excluding domain names allocated through public auction of usage rights according to telecommunications laws);

b) The act of holding and using domain names shall be considered an unfair competition act in the field of industrial property in any of the following cases:

- Holding and using a domain name with a sequence of characters that is identical or similar enough to cause confusion with a protected trademark, business name, or geographical indication that the holder does not have the right to use to introduce products, offer goods or services that are identical, similar, or related on an electronic information page linked to that domain name; causing confusion to take advantage of the reputation or fame of the trademark, business name, or geographical indication for improper gain;

- Possessing, using a domain name with a character sequence that is identical or similar enough to cause confusion with a trademark, trade name protected by another person or geographical indication without having the right to use it with malicious intent when meeting one of the following conditions:

(i) There is evidence proving that the organization or individual holding, using the domain name intends to sell, transfer the registration and usage rights of the domain name to the owner of the trademark, trade name or the agency, organization authorized to manage the geographical indication for profit. At the same time, there is evidence suggesting that at the time of registering the domain name, this organization or individual knew or had grounds to know that the trademark, trade name, or geographical indication was already protected in Vietnam;

(ii) The electronic information website to which the domain name leads publishes information causing damage to the reputation and prestige of the trademark, trade name, or geographical indication already protected in Vietnam.

c) Recommendations for handling the act of possessing, using a domain name as stipulated in Point a Clause 16 Article 14 Decree No. 99/2013/NĐ-CP must be accompanied by the following information and documents:

- For the act of possessing, using a domain name that is identical or similar enough to cause confusion with a trademark, trade name protected by another person or geographical indication without having the right to use it to take advantage of the reputation and prestige of the corresponding trademark, trade name, or geographical indication to gain improper benefits:

Information and documents proving that the trademark, geographical indication, or trade name is protected in Vietnam and the trademark or trade name is widely known or recognized by Vietnamese consumers in the relevant field for its reputation and prestige or proving that the trademark is considered a well-known trademark according to Article 75 of the Intellectual Property Law (for example: information on advertising, marketing, exhibitions; sales revenue; number of products sold; distribution system, joint ventures, partnerships; scale of investment; evaluations by state agencies, associations, social organizations, mass media, consumer polls; public welfare activities, charity or other information showing that the trademark, geographical indication, or trade name is widely used in Vietnam or proving that the trademark is considered a well-known trademark); and

Information and documents proving that the party being recommended for handling has used the domain name on the Internet to introduce products, offer goods, services that are identical, similar, or related on the electronic information website to which the domain name leads; causing confusion to take advantage of the reputation and prestige of the trademark, trade name, or geographical indication already protected in Vietnam to gain improper benefits (for example: information introducing, indicating or other information leading Vietnamese consumers to believe that it is a branch, partner, representative office in Vietnam);

- For the act of possessing, using a domain name that is identical or similar enough to cause confusion with a trademark, trade name protected by another person or geographical indication without having the right to use it with malicious intent:

Information and documents proving that the organization or individual holding, using the domain name intends to sell, transfer the registration and usage rights of the domain name to the owner of the trademark, trade name, or the agency, organization authorized to manage the geographical indication for profit and information showing that at the time of registering the domain name, this organization or individual knew or had grounds to know that the trademark, trade name, or geographical indication was already protected in Vietnam; or information showing that the electronic information website to which the domain name leads publishes information causing damage to the reputation and prestige of the trademark, trade name, or geographical indication already protected in Vietnam;

- Information and documents proving that the party being recommended for handling does not have legitimate rights and interests in the trademark, geographical indication, or trade name already protected in Vietnam; information proving that the party being recommended for handling was a member, partner, agent of the rights holder (if any).

11. Amend and supplement Chapter III as follows:

"Chapter III PROCEDURES FOR HANDLING VIOLATIONS OF INDUSTRIAL PROPERTY RIGHTS".

12. Amend and supplement Article 22 as follows:

"Article 22. Power of Attorney for Requesting Handling of Industrial Property Rights Infringement

The power of attorney document, when submitted together with the request for handling infringement, must meet the conditions stipulated in Article 23 of Decree No. 99/2013/NĐ-CP and the guidance below:

1. In case the original power of attorney includes the content of authorizing the implementation of procedures to protect industrial property rights already submitted to the same competent authority handling violations, the rights holder submits a copy and refers to the original power of attorney submitted previously.

2. In case the original power of attorney includes the content of authorizing the implementation of procedures to protect industrial property rights already submitted to the State management agency on intellectual property or another competent authority, the rights holder submits a certified copy from the agency currently keeping the original power of attorney."

13. Amend and supplement the name and some clauses of Article 23 as follows:

a) Amend and supplement the name as follows:

"Article 23. Request for Handling Violations in Administrative Sanctions"

b) Amend and supplement Clause 2 and 3 as follows:

"2. Regarding documents proving the right to request handling of infringement:

a) Copies of certificates, patents, certificates, and other documents considered valid if the rights holder presents the original for comparison or a certified copy from an authorized agency or a copy confirmed by the issuing agency. In cases where the patent is issued in electronic form, the rights holder submits a true copy, transcript, or extract in accordance with the provisions of the law;

b) Documents proving ownership of a trade name are documents and physical evidence proving the lawful prior use of the trade name in the business field and region meeting the protection conditions stipulated in Articles 76, 77, and 78 of the Intellectual Property Law;

c) Documents proving ownership of a trade secret are documents proving that the organization or individual legally holds and has implemented measures to protect information considered a trade secret as stipulated in Articles 84 and 85 of the Intellectual Property Law;

d) In cases where an industrial property contract, collective trademark usage regulation, or geographical indication license does not contain agreed terms or provisions limiting the right to request infringement handling, the assignee of such rights may initiate procedures for requesting infringement handling pursuant to Decree No. 99/2013/NĐ-CP, provided that the owner of the rights does not issue a written objection to such procedures.

3. Regarding the attached documents and evidence:

The explanation provided by the rights holder (regarding revenue, reputation, advertising, widespread use evidence, copies of certificates and protection documents from other countries) shall be considered valid if it includes a commitment to legal responsibility for the content and information of the explanation, and is signed and stamped (if applicable) by the rights holder or their authorized representative. If the explanation consists of multiple pages, the rights holder must sign each page or affix a cross-stamp across the pages (if applicable).

This provision also applies correspondingly to documents provided by the party being requested to handle infringement.

14. Amend and supplement Article 24 as follows:

"Article 24. Examination and Handling of Requests for Infringement Handling in Administrative Violation Penalties

Where the documents and evidence provided by the applicant are incomplete, the authority handling the request may require the parties to provide additional information, evidence, and explanations in accordance with Points b and c of Clause 3, Article 25 of Decree No. 99/2013/NĐ-CP.

1. The authority responsible for resolving the case may require the party requesting infringement handling, as well as the parties involved, to provide documents, evidence, explanations, or clarify the circumstances of the case within a specified time frame; and require the industrial property rights holder to provide information, materials, and samples to identify signs of violation, determine genuine goods, counterfeit goods, goods infringing on industrial property rights, legitimate sources of supply or places of sale, and bases for determining goods produced outside the permitted scope of use of industrial property objects or imported goods that are not in compliance with regulations set forth in Clause 2, Article 18 of this Circular.

2. The parties may provide the authority responsible for resolving the case with written expert opinions from state management agencies on industrial property, conclusions of industrial property appraisals, decisions on dispute resolution, decisions on handling administrative violations, or similar decisions made by competent authorities, as well as other documents and evidence to prove their claims, arguments, and explanations, and to clarify the circumstances of the case.

Where the explanations provided by the parties do not clarify the circumstances of the case and at the request of one or more parties, the authority responsible for resolving the case may organize direct meetings with the parties. Meeting minutes recording the opinions of the parties shall be considered a basis for resolving the case.

3. The authority responsible for resolving the case may independently conduct inspections, verifications, collection of evidence, determination of the scope of protection of industrial property rights, and identification of infringement acts in accordance with intellectual property laws. When necessary, it may request functional agencies to conduct verifications and collection of evidence of infringement, or request state management agencies on industrial property to provide expert opinions or conduct industrial property appraisals to determine the scope of protection and elements of infringement.

4. The authority handling violations may rely on the confirmation of counterfeit goods or geographical indications by the industrial property rights holder, expert opinions from state agencies on industrial property, and appraisal conclusions to determine acts of infringement but must bear legal responsibility for the determination of infringement and administrative penalty decisions.

15. Amend and supplement Article 28 as follows:

"Article 28. Refusal and Suspension of Processing Requests for Infringement Handling in Administrative Violation Penalties

1. Refusal to accept requests for infringement handling shall apply to requests submitted to competent authorities but which do not meet the conditions for acceptance as stipulated in Clause 1, Article 28 of Decree No. 99/2013/NĐ-CP.

Notifications of refusal to process infringement shall be carried out in accordance with the provisions on accepting and examining requests for infringement handling in Article 25 of Decree No. 99/2013/NĐ-CP.

2. Where the same infringement rights request case is submitted to multiple competent authorities, the authority that accepts the case first shall have jurisdiction to resolve it. The rights holder has the responsibility to notify other competent authorities about the acceptance and processing of the case.

a) Before accepting the case, if the authority receiving the request becomes aware that another competent authority or court has accepted the case, the authority receiving the request shall issue a notification refusing to accept the request.

b) After accepting the case but before conducting inspections, investigations, or administrative violation handling, if the authority accepting the request becomes aware that another competent authority has conducted inspections, investigations, or administrative violation handling, or that a court is currently handling the case, the authority accepting the request shall issue a notification refusing to proceed with the administrative violation handling procedure.

c) After conducting inspections and investigations, if the authority handling violations becomes aware that another authority has conducted inspections and investigations, the authority handling violations shall request relevant authorities to cooperate in handling the case and unify for one authority to carry out the administrative violation handling procedure. If another authority has already handled the administrative violation but still finds organizations or individuals continuing to commit the infringement act during the inspection and investigation period, the authority handling violations shall impose administrative penalties with aggravating circumstances.

3. Suspension of processing requests for infringement handling shall apply to requests that have been accepted and fall under the circumstances stipulated in Clause 2, Article 28 of Decree No. 99/2013/NĐ-CP.

a) The competent authority shall suspend the handling of violations when there arises a complaint or dispute according to Point a Clause 2 Article 28 Decree No. 99/2013/NĐ-CP in one of the following cases:

- When there is a document from the state management agency on intellectual property regarding the acceptance or examination of requests to revoke, terminate the validity of intellectual property protection certificates, complaints about the scope of intellectual property rights protection related to the subject matter in the request for handling infringement;

- When there is a court document accepting the case involving infringement, complaints, disputes over intellectual property rights related to the subject matter in the request for handling infringement;

- When there is evidence indicating that the case involves matters related to the status of the right holder or contractual disputes among parties concerning the use of intellectual property objects.

b) The competent authority shall suspend the handling of the request for infringement handling when the person submitting the request for infringement handling withdraws the request for infringement handling or requests suspension of the case according to Point c Clause 2 Article 28 Decree No. 99/2013/NĐ-CP.

3. The notice of suspension of the case must clearly state the grounds and reasons and be sent to all relevant parties and the competent authority resolving the dispute or complaint.

Article 2. Replacing, abolishing phrases, points, clauses, articles stipulated in Circular No.11/2015/TT-BKHCN dated June 26, 2015, issued by the Minister of Science and Technology detailing and guiding the implementation of certain provisions of Decree No. 99/2013/NĐ-CP dated August 29, 2013 of the Government stipulating administrative penalties for violations in the field of industrial property

1. Replace certain phrases as follows:

a) Replace the phrase "The act of simultaneously representing both sides in a dispute over intellectual property rights" stipulated in Point a Clause 2 Article 7 Decree No. 99/2013/NĐ-CP with the phrase "The act of simultaneously representing both sides in a dispute over intellectual property rights stipulated in Point a Clause 2 Article 7 Decree No. 99/2013/NĐ-CP is understood as one of the following acts:" at the beginning of Clause 1 Article 8;

b) Replace the phrase "request for expert appraisal" with the phrase "request for appraisal" at Point a Clause 1 Article 9;

c) Replace the phrase "Articles 5 and 8 of Decree No. 105/2006/NĐ-CP amended and some guidance as follows:" with the phrase "Articles 72 and 74 of Decree No. 65/2023/NĐ-CP and the following guidance:" at the beginning of Article 11;

d) Replace the phrase "Articles 5 and 10 of Decree No. 105/2006/NĐ-CP amended and some guidance as follows:" with the phrase "Articles 72 and 76 of Decree No. 65/2023/NĐ-CP and the following guidance:" at the beginning of Article 12;

đ) Replace the phrase "product/part of product" with the phrase "product/parts for assembly into complex products" at Clauses 1, 2, and 3 of Article 12;

e) Replace the phrase "Patent for Design" with the phrase "Patent for Design, decision to accept the registration of international designs or extracts from the national register of industrial property" at Clause 4 Article 12;

g) Replace the phrase "Articles 5 and 11 of Decree No. 105/2006/NĐ-CP amended and some guidance as follows:" with the phrase "Articles 72 and 77 of Decree No. 65/2023/NĐ-CP and the following guidance:" at the beginning of Article 13;

h) Replace the phrase "The basis for assessing the likelihood of confusion between the sign and the registered trademark includes:" with the phrase "The assessment of the likelihood of confusion between the sign and the registered trademark shall be based on the following criteria:" at the beginning of Clause 1 Article 13;

i) Replace the phrase "Certificate of Trademark Registration or Certificate of International Trademark Registration protected in Vietnam or the World Intellectual Property Organization's Gazette of Trademark Registrations" with the phrase "Trademark Registration Certificate or Confirmation of International Trademark Registration Protected in Vietnam or Extracts from the National Register of Industrial Property" at Clause 2 Article 13;

k) Replace the phrase "Articles 5 and 13 of Decree No. 105/2006/NĐ-CP amended and amended and some guidance as follows:" with the phrase "Articles 72 and 79 of Decree No. 65/2023/NĐ-CP and the following guidance:" at the beginning of Article 14;

l) Replace the phrase "Articles 5 and 12 of Decree No. 105/2006/NĐ-CP amended and some guidance as follows:" with the phrase "Articles 72 and 78 of Decree No. 65/2023/NĐ-CP and the following guidance:" at the beginning of Article 15;

m) Replace the phrase "request for handling" with the phrase "recommendation for handling" at Point a Clause 1 Article 19;

n) Replace the phrase "enterprise" with the phrase "business entity" at Point b Clause 1 Article 19;

o) Replace the phrase "of the Law on Intellectual Property" with the phrase "Intellectual Property Law" at Point a and Point b Clause 1 Article 19;

p) Replace the phrase "electronic information website" with the phrase "electronic information website, online store on e-commerce platform, social media page" at Article 21;

q) Replace the phrase "request for handling violation" with the phrase "request for handling infringement" at Clause 4 Article 23;

r) Replace the phrase "request for handling" with the phrase "request for handling infringement" at Clause 5 Article 23;

2. Abolish Article 2; Article 5; Clause 2 Article 8; Clauses 3, 4 Article 14; Point c Clause 2 Article 15; Article 17; Clause 1 Article 23; Article 25; Article 26; Article 27; Article 29 and Article 30.

This Circular takes effect from December 25, 2025/.

1. Heads of units under the Ministry, heads of agencies and organizations, and individuals concerned shall be responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties, please promptly report them to the Ministry of Science and Technology for research and resolution.

Article 4. Implementation provisions

1. This Circular takes effect from November 15, 2024.

2. In case the legal normative documents cited in this Circular are amended, supplemented, or replaced, the citation shall be implemented according to the provisions of the new document./.