Decree No. 103/2006/ND-CP provides detailed regulations and guidance on implementing certain provisions of the Intellectual Property Law concerning industrial property.

DECREE

Regulations detailing and guiding the implementation of certain provisions of

The Law on Intellectual Property concerning industrial property

_____________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Civil Code dated June 14, 2005;

Based on the Intellectual Property Law dated November 29, 2005;

Considering the proposal of the Minister of Science and Technology;

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed regulations and provides guidance for implementing the provisions of the Intellectual Property Law regarding the establishment, subjects, contents, limitations of industrial property rights, transfer of industrial property rights, representation of industrial property, and measures to promote industrial property activities.

Article 2. Applicability

1. Individuals, legal entities, and other subjects under civil law (hereinafter referred to collectively as organizations and individuals).

2. Foreign organizations and individuals meeting the conditions for enjoying protection of industrial property rights in Vietnam according to international treaties to which Vietnam is a party.

The international treaties referred to in this clause include:

a) The Paris Convention for the Protection of Industrial Property of 1883, amended in 1967 (hereinafter referred to as the "Paris Convention");

b) The Vietnam - United States Trade Agreement of 2000;

c) The Agreement on the Protection of Intellectual Property Rights and Cooperation in the Field of Intellectual Property between Vietnam and Switzerland of 1999;

d) The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) of 1994, from the date Vietnam became a member of the World Trade Organization;

đ) Other international treaties related to the protection of industrial property rights to which Vietnam is a party.

Article 3. State Management Responsibilities for Industrial Property

1. The Ministry of Science and Technology shall have the following responsibilities in state management of industrial property:

a) Developing and organizing the implementation of strategies and policies for protecting industrial property rights;

b) Issuing, submitting to competent authorities for issuance, and organizing the implementation of legal documents on industrial property;

c) Organizing the system of agencies performing state management functions for industrial property;

d) Providing business guidance, organizing training and professional development in industrial property;

đ) Organizing the implementation of the establishment of industrial property rights, registration of contracts transferring industrial property rights, and other procedures related to certificates protecting industrial property rights;

e) Implementing the compulsory licensing of patents as provided for in Article 147 of the Intellectual Property Law;

g) Taking the lead or coordinating with others to implement measures to protect the rights and legitimate interests of organizations, individuals, the State, and society in relation to industrial property;

h) Managing activities of industrial property appraisal; issuing Industrial Property Appraiser Cards;

i) Inspecting and auditing compliance with laws on industrial property; resolving complaints and accusations and handling violations of laws on industrial property;

k) Organizing activities of information and statistics on industrial property;

l) Organizing education, propaganda, and dissemination of knowledge, policies, and laws on industrial property;

m) Taking the lead and coordinating with the Ministry of Education and Training and the Ministry of Justice to develop training programs, organize training, and provide professional knowledge and legal education on industrial property;

n) Managing activities of representation of industrial property; issuing Certificates of Practice in Industrial Property Representation Services;

o) International cooperation on industrial property; proposing solutions to disputes between Vietnam and other countries regarding industrial property.

The National Office of Intellectual Property is an agency under the Ministry of Science and Technology responsible for assisting the Minister of Science and Technology in performing state management functions for industrial property. The Minister of Science and Technology shall specify the functions, tasks, and powers of the National Office of Intellectual Property.

2. Provincial People's Committees and Municipal People's Committees directly under the Central Government shall have the following responsibilities in state management of industrial property at the local level:

a) Implementing policies and laws on industrial property;

b) Developing, issuing, and organizing the implementation of local regulations on industrial property;

c) Organizing the system of managing industrial property activities at the local level and implementing measures to enhance the effectiveness of such system;

d) Organizing propaganda, dissemination of knowledge, policies, and laws on industrial property, and implementing measures to promote industrial property activities;

đ) Guiding and supporting organizations and individuals in conducting procedures related to industrial property;

e) Coordinating with relevant agencies in activities to protect industrial property rights and handle violations of laws on industrial property;

g) Inspecting and auditing compliance with laws on industrial property, resolving complaints and accusations about industrial property at the local level;

h) Managing geographical indications belonging to the locality;

i) International cooperation on industrial property at the local level.

The Department of Science and Technology is an agency under the Provincial People's Committee or Municipal People's Committee directly under the Central Government responsible for assisting the People's Committee in performing state management functions for industrial property at the local level. The Provincial People's Committee or Municipal People's Committee directly under the Central Government shall specify the functions, tasks, and powers of the Department of Science and Technology.

3. Ministries, ministerial-level agencies, and agencies under the Government shall be responsible for organizing and directing the implementation of laws on industrial property and managing industrial property objects under their jurisdiction.

Article 4. Calculation of Time Periods

The calculation of time periods in industrial property activities shall be carried out in accordance with the provisions on time periods set forth in Chapter VIII, Part I of the Civil Code.

Article 5. Fees and Charges for Industrial Property

The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to stipulate and guide the implementation of the system for collection, payment, management, and utilization of fees and charges related to industrial property.

Chapter II

ESTABLISHMENT OF INDUSTRIAL PROPERTY RIGHTS

Article 6. Basis and Procedures for Establishing Industrial Property Rights

1. Industrial property rights for inventions, layout designs of integrated circuits, industrial designs, trademarks, and geographical indications shall be established based on the decision of the competent state agency for industrial property granting protection certificates to applicants for registration of these objects in accordance with Chapters VII, VIII, and IX of the Intellectual Property Law. Industrial property rights for international trademarks under the Madrid Agreement and the Madrid Protocol shall be established based on the recognition of the competent state agency for such international registrations.

2. Industrial property rights for well-known trademarks shall be established based on the actual widespread use of the trademark in accordance with Article 75 of the Intellectual Property Law without the need to follow registration procedures.

3. Industrial property rights for trade names shall be established based on the lawful actual use of the trade name corresponding to the territory and business sector without the need to follow registration procedures.

4. Industrial property rights for trade secrets shall be established based on financial, intellectual investment or any other lawful method to discover, create, or obtain information constituting the trade secret and to maintain its confidentiality without the need to follow registration procedures.

5. The Ministry of Science and Technology shall provide detailed regulations on the forms and contents of various types of application forms for industrial property rights prescribed in Articles 100, 101, 102, 103, 104, 105, 106, and 107 of the Intellectual Property Law, guide the procedures for processing applications, issue templates for protection certificates, the National Register of Industrial Property, and specify the form and content of the Industrial Property Gazette.

Article 7. Right to Apply for Industrial Property Rights Under International Treaties

1. Foreign organizations and individuals meeting the conditions for protection of industrial property rights in Vietnam as stipulated in Article 2 of this Decree may submit applications for industrial property rights in Vietnam according to international treaties concerning or relating to international application procedures.

The international treaties referred to in this clause include:

a) The Patent Cooperation Treaty of 1970, amended in 1984 (hereinafter referred to as the "PCT Agreement");

b) The Madrid Agreement Concerning the International Registration of Marks of 1891, amended in 1979 (hereinafter referred to as the "Madrid Agreement") and the Protocol Relating to the Madrid Agreement of 1989 (hereinafter referred to as the "Madrid Protocol");

c) Other international treaties concerning or relating to international application procedures that Vietnam is a member of, from the date when the international treaty becomes effective for Vietnam.

2. Vietnamese organizations and individuals may submit international applications for industrial property rights to seek protection of their rights in Vietnam if provided for in international treaties.

Article 8. Right to register geographical indications of foreign countries

Individuals and organizations from foreign countries that are subjects with rights over geographical indications according to the laws of the country of origin have the right to register such geographical indications in Vietnam.

Article 9. Right to register inventions, industrial designs, layout-designs of the State

1. In cases where inventions, industrial designs, layout-designs are created based on the State's full funding for costs and material-technical means, the right to register inventions, industrial designs, layout-designs belongs to the State. The organization or state agency entrusted with the role of the main investor shall be responsible for representing the State in exercising the registration right mentioned above.

2. In cases where inventions, industrial designs, layout-designs are created based on the State's contribution (costs, material-technical means), a corresponding portion of the right to register inventions, industrial designs, layout-designs, proportional to the contribution ratio, belongs to the State. The organization or state agency that is the State's capital investment entity shall be responsible for representing the State in exercising the registration right mentioned above.

3. In cases where inventions, industrial designs, layout-designs are created based on research and development cooperation between state organizations or agencies and other organizations or individuals, if there is no other provision in the cooperation agreement, a corresponding portion of the right to register inventions, industrial designs, layout-designs, proportional to the state organization or agency's contribution ratio in the cooperation, belongs to the State. The state organization or agency participating in the research and development cooperation shall be responsible for representing the State in exercising the registration right mentioned above.

4. Organizations or state agencies implementing the registration rights of inventions, industrial designs, layout-designs stipulated in Clause 1, Clause 2, and Clause 3 of this Article shall represent the State in registering as the owner of the protection certificate and manage the industrial property rights for these objects. They have the right to transfer the State's portion of the registration rights for inventions, industrial designs, layout-designs to other organizations or individuals under the condition that the transferee must pay the State a sum of money or other reasonable commercial conditions relative to the commercial potential of the invention, industrial design, or layout-design.

Article 10. Priority right of applications for registration of inventions, industrial designs, trademarks

The priority right for applications for registration of inventions, industrial designs, trademarks as stipulated in Article 91 of the Intellectual Property Law shall be applied as follows:

1. In cases where the applicant wishes to enjoy the priority right according to the Paris Convention, the applicant's request for priority will be accepted if it meets the following conditions:

a) The applicant is a Vietnamese citizen or a citizen of a member country of the Paris Convention or resides, has a production or business establishment in Vietnam or in that member country;

b) The first application was filed in Vietnam or in a member country of the Paris Convention and that application contains a part corresponding to the request for priority of the application for registration of the invention, industrial design, or trademark;

c) The application for registration is filed within the following period from the date of filing the first application: six months for an application for registration of an industrial design or trademark, twelve months for an application for registration of an invention;

d) In the application for registration of an invention, industrial design, or trademark, the applicant clearly states the request for priority and submits a copy of the first application referred to in point b of this clause when filing abroad, which includes confirmation by the receiving office of the first application;

đ) Pay the full fee for the request for priority.

2. In cases where the applicant wishes to enjoy the priority right according to another international treaty, the request for priority will be accepted if it meets the priority conditions stipulated in that treaty.

Article 11. International Patent Application

1. In this Article, "PCT Application" means an international patent application filed under the Patent Cooperation Treaty (PCT), including:

a) An application requesting protection in Vietnam, filed in any member country of the PCT, including Vietnam (hereinafter referred to as a PCT Application designating or selecting Vietnam);

b) An application filed in Vietnam, requesting protection in any member country of the PCT, including Vietnam (hereinafter referred to as a PCT Application originating from Vietnam).

2. The State agency managing intellectual property shall examine a PCT Application designating or selecting Vietnam when the following conditions are met:

a) The applicant conducts the registration procedures for the patent at the State agency managing intellectual property of Vietnam (National Phase) in accordance with the provisions of the PCT within thirty-one months from the date of filing the international application or from the priority date (if the application claims priority rights);

b) Paying fees and charges for intellectual property as prescribed by law.

3. A PCT Application originating from Vietnam must be in English or Russian and must comply with the formal and substantive requirements stipulated in the PCT. The applicant may file the application with the State agency managing intellectual property or with the International Bureau of the World Intellectual Property Organization (WIPO).

4. The Ministry of Science and Technology shall provide detailed regulations on the form, content, procedure, and processing of PCT Applications from other countries designating or selecting Vietnam, and PCT Applications originating from Vietnam.

Article 12. International Trademark Application

1. In this Article, "Madrid Application" means an international trademark application filed under the Madrid Agreement or the Madrid Protocol, including:

a) An application requesting protection of a trademark in Vietnam, originating from other member countries of the Madrid Agreement or the Madrid Protocol, hereinafter referred to as a Madrid Application designating Vietnam;

b) An application requesting protection of a trademark in other member countries of the Madrid Agreement or the Madrid Protocol, filed in Vietnam, hereinafter referred to as a Madrid Application originating from Vietnam.

2. After being published by the International Bureau of the World Intellectual Property Organization (WIPO), a Madrid Application designating Vietnam shall be examined for content as if it were a national trademark application.

For trademarks accepted for protection, the State agency managing intellectual property shall issue a Decision accepting the protection of the international trademark registration and publish it in the Industrial Property Gazette. Upon request of the owner, the State agency managing intellectual property shall issue a Certificate of Protection for the international trademark registered and protected in Vietnam.

3. Vietnamese organizations and individuals may implement international trademark registration under the Madrid Agreement or the Madrid Protocol according to the following provisions:

a) File an application under the Madrid Agreement if protection is sought in a member country of the Madrid Agreement, provided that a trademark protection certificate has been issued in Vietnam;

b) File an application under the Madrid Protocol if protection is sought in a member country of the Madrid Protocol which is not a member of the Madrid Agreement, provided that a trademark registration application has been filed in Vietnam.

4. For a Madrid Application originating from Vietnam, the State agency managing intellectual property is the receiving office.

5. The Ministry of Science and Technology shall provide detailed regulations on the form, content, procedure, and processing of Madrid Applications.

Article 13. Establishment of Industrial Property Rights Based on International Treaties on Mutual Recognition and Protection

1. In cases where international treaties related to industrial property to which Vietnam is a member provide for the recognition and protection of industrial property rights of organizations and individuals of the members, the industrial property rights of organizations and individuals of other members shall be recognized and protected in Vietnam.

The scope and duration of protection of industrial property rights shall be consistent with the provisions of the international treaty and there is no need to file registration procedures under the Intellectual Property Law.

2. The Ministry of Science and Technology shall publish all necessary information regarding industrial property rights that are recognized and protected in Vietnam pursuant to international treaties.

Article 14. Complaints and Resolution of Complaints Related to Industrial Property Registration

1. Applicants and any organization or individual having direct rights or interests related to decisions or notifications issued by state management agencies concerning the handling of industrial property registration applications have the right to lodge complaints with the state management agency on industrial property or bring lawsuits before courts in accordance with the Intellectual Property Law and relevant laws. The time limit for resolving complaints is stipulated in Clause 5 of this Article.

2. If the time limit for resolving the first-level complaint related to the decision or notification concerning industrial property (first complaint) has expired without resolution or if the complainant disagrees with the decision on resolving the first complaint made by the agency, the complainant and any person having direct rights or interests related to such decision may lodge a second-level complaint with the Minister of Science and Technology (second complaint) or bring a lawsuit before court. If the time limit for resolving the second complaint specified in Clause 5 of this Article has expired or if the complainant disagrees with the decision on resolving the second complaint made by the Minister of Science and Technology, the complainant and any person having direct rights or interests related to such decision may bring a lawsuit before court.

3. The content of the complaint must be stated in a complaint letter, specifying the full name and address of the complainant; the number, date, and content of the notification or decision being complained about; the content of the complaint, arguments, and evidence supporting the complaint; specific requests for correction or revocation of the notification or decision concerned.

4. The right to lodge a complaint can only be exercised within the following limitation period, excluding periods during which there are objective obstacles preventing the complainant from exercising their right to lodge a complaint:

a) The limitation period for the first complaint is ninety days, starting from the day the person entitled to lodge a complaint receives or becomes aware of the decision or notification regarding the handling of the industrial property registration application;

b) The limitation period for the second complaint is thirty days, starting from the day the time limit for resolving the first complaint prescribed in Clause 5 of this Article expires without resolution or from the day the person entitled to lodge a complaint receives or becomes aware of the decision on resolving the first complaint.

5. Within ten days from the receipt of a complaint related to the issuance, amendment, termination, revocation, or extension of the term of validity of the Certificate of Protection, the competent authority for resolving complaints must issue a notice of acceptance or rejection of the complaint, stating the reasons for rejection.

The time limit for resolving complaints is governed by the law on complaints.

The time taken to amend or supplement the complaint dossier does not count towards the time limit for resolving complaints.

6. The procedure and process for resolving complaints shall be carried out in accordance with the law on complaints.

Chapter III

SUBJECTS, CONTENT, AND LIMITATIONS OF INDUSTRIAL PROPERTY RIGHTS

Article 15. Subjects of Industrial Property Rights

1. The subjects of industrial property rights include organizations and individuals who own industrial property objects as stipulated in Article 121 of the Intellectual Property Law, or organizations and individuals to whom the owner has transferred industrial property rights, including the author of an invention, design, or layout-design as stipulated in Article 122 of the Intellectual Property Law.

2. In cases where a protection certificate for an invention, design, layout-design, trademark, or geographical indication is issued jointly to multiple organizations and individuals as provided for in Clause 3, Article 86, Clause 5, Article 87, and Clause 2, Article 90 of the Intellectual Property Law, the industrial property right shall be jointly owned by those organizations and individuals. Joint owners shall exercise their ownership rights in accordance with civil law regulations.

Article 16. Scope of Industrial Property Rights

1. The scope of industrial property rights for inventions, designs, layout-designs, trademarks, and geographical indications is determined according to the scope of protection recorded in the Protection Certificate.

2. The scope of rights for trade names is determined according to the scope of protection for trade names, which includes the trade name, the field of business, and the territory in which the trade name is legally used by the subject using it. Registering the name of an organization or individual in business procedures does not constitute using that name but merely a condition for its lawful use.

3. The scope of rights for trade secrets is determined according to the scope of protection for trade secrets, which includes a set of information constituting a trade secret, arranged in an accurate and complete manner sufficient for exploitation.

4. Subjects of industrial property rights enjoy rights and perform obligations within the scope of protection under the conditions stipulated in Articles 132, 133, 134, 135, 136, and 137 of the Intellectual Property Law.

Article 17. Respect for Prior Established Rights

1. An industrial property right may be invalidated or prohibited from use if it conflicts with prior established intellectual property rights of other organizations or individuals.

2. The Ministry of Planning and Investment, in collaboration with the Ministry of Science and Technology, guides the naming of enterprises in business registration procedures to ensure that they do not infringe upon previously protected trademarks, trade names, or geographical indications.

Article 18. Rights of Authors of Inventions, Designs, and Layout-Designs

1. The moral rights of authors as stipulated in Clause 2, Article 122 of the Intellectual Property Law are protected indefinitely.

2. The economic rights of authors as stipulated in Clause 3, Article 122 of the Intellectual Property Law are protected throughout the term of protection of the invention, design, or layout-design.

3. If there is no other agreement between the owner and the author, payment of remuneration must be made no later than thirty days from the date the owner receives payment for the transfer of usage rights or from the date the owner earns profit from each use of the invention, design, or layout-design; if the invention, design, or layout-design is used continuously, each payment period shall not exceed six months from the end of the previous payment period.

4. The Ministry of Finance, in collaboration with the Ministry of Science and Technology, shall provide detailed regulations and guidelines on how to determine the profit derived from the use of inventions, designs, or layout-designs.

Article 19. Implementation of State Ownership Rights over Geographical Indications

1. The agencies and organizations with the right to manage geographical indications as stipulated in Clause 4, Article 121 of the Intellectual Property Law include:

a) People's Committees of provinces and centrally governed cities where the geographical area corresponds to the geographical indication in cases where the geographical indication belongs to a single locality;

b) People's Committees of provinces and centrally governed cities acting as representatives authorized by other People's Committees of provinces and centrally governed cities where the geographical area corresponds to the geographical indication in cases where the geographical indication belongs to multiple localities;

c) Agencies and organizations granted management rights over geographical indications by People's Committees of provinces and centrally governed cities, provided that such agencies and organizations represent the interests of all organizations and individuals granted the right to use the geographical indication as stipulated in Clause 4, Article 121 of the Intellectual Property Law.

2. Organizations managing geographical indications are permitted to exercise the owner's rights over geographical indications as specified in Clause 2, Article 123, and Article 198 of the Intellectual Property Law.

3. The Ministry of Agriculture and Rural Development, the Ministry of Fisheries, and the Ministry of Industry shall take the lead and coordinate with People's Committees of provinces and centrally governed cities to determine types of specialties, characteristics of products, and production processes of specialties bearing geographical indications within their respective management scope.

4. People's Committees of provinces and centrally governed cities shall carry out registration and organize management of geographical indications for local specialties.

Article 20. Protection of Test Data

The Ministry of Health and the Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Science and Technology to guide the implementation of test data protection procedures in the registration process for circulation of products as stipulated in Article 128 of the Intellectual Property Law.

Article 21. Use of Industrial Property Objects

1. The act of circulating products as defined in Point d, Clause 1, Point b, Clause 2, Point b, Clause 5, and Point b, Clause 7, Article 124 of the Intellectual Property Law includes acts of selling, displaying for sale, and transporting products.

2. Products legally put on the market, including foreign markets, as defined in Point b, Clause 2, Article 125 of the Intellectual Property Law means products placed on the domestic or foreign market by the owner themselves, the person to whom the right to use has been transferred, including compulsory transfer of use rights, or the person who had prior use rights over industrial property objects.

Article 22. Use of Inventions in the Name of the State

1. The use of inventions in the name of the State for public interest, non-commercial purposes, national defense, security, disease prevention, treatment, nutrition for the people, or to meet other urgent social needs as stipulated in Clause 1, Article 133 of the Intellectual Property Law shall be carried out by Ministries and ministerial-level agencies or they may designate other organizations or individuals to implement based on issuing a compulsory transfer of use rights decision as stipulated in Point a, Clause 1, Article 145 and Paragraph 2, Clause 1, Article 147 of the Intellectual Property Law.

2. Procedures for issuing a compulsory transfer of use rights decision in cases of using inventions in the name of the State shall be implemented according to the regulations of sectoral management ministries.

Article 23. Obligation to use inventions

1. When there are national defense, security, disease prevention, treatment, nutrition for the people's needs or other urgent social needs, and the person holding the exclusive right to use the invention does not fulfill the obligation to produce protected products or apply protected processes in Vietnam to meet these needs as prescribed in Clause 1, Article 136 and Clause 5, Article 142 of the Intellectual Property Law, the Ministry of Science and Technology may permit other organizations or individuals to use the invention based on issuing a compulsory licensing decision to transfer the right to use the invention according to Point b, Clause 1, Article 145 and the first paragraph of Clause 1, Article 147 of the Intellectual Property Law.

2. In cases where national defense, security, disease prevention, treatment, nutrition for the people's needs or other urgent social needs are met through imported products or products produced by the licensee under the production license contract, the person holding the exclusive right to use the invention is not required to fulfill the obligation to produce protected products or apply protected processes as stipulated in Clause 1 of this Article.

Chapter IV

TRANSFER OF INDUSTRIAL PROPERTY RIGHTS

Article 24. Compensation price for the transferred right to use an invention pursuant to a compulsory licensing decision

1. The compensation price for the transferred right to use an invention pursuant to a compulsory licensing decision prescribed in Point d, Clause 1, Article 146 of the Intellectual Property Law shall be determined based on the economic value of the transferred usage rights, taking into account the following factors:

a) The transfer price of the right to use the invention under a contract;

b) Investment costs to create the invention, including consideration of the portion of investment costs supported by the state budget (if any);

c) Profits obtained from using the invention;

d) Remaining term of validity of the protection certificate;

đ) The necessity level of transferring the right to use the invention;

e) Other factors directly determining the economic value of the transferred usage rights.

2. The compensation price shall not exceed 5% of the net selling price of the product produced according to the invention, provided that the principle stipulated in Clause 1 of this Article is ensured.

3. The competent authority issuing the compulsory licensing decision to transfer the right to use the invention may establish a valuation board or request an appraisal to determine the compensation price prescribed in Clause 1 of this Article.

Article 25. Documents and procedures for transferring the right to use an invention pursuant to a compulsory licensing decision

1. The Ministry of Science and Technology shall provide detailed regulations on the form and content of the application documents for transferring the right to use an invention prescribed in Clause 1, Article 147 of the Intellectual Property Law, except for the provisions in Clause 2 of this Article; and organize the procedures for receiving and processing applications for transferring the right to use an invention.

2. The Ministry of Health and the Ministry of Agriculture and Rural Development shall take the lead and coordinate with the Ministry of Science and Technology to guide implementation and organize the compulsory licensing procedure to transfer the right to use an invention and use the invention on behalf of the State to ensure the health care and nutritional needs of the people.

Article 26. Documents and procedures for registering contracts for transferring industrial property rights

1. The Ministry of Science and Technology shall provide detailed regulations on the form and content of the registration documents for contracts for transferring industrial property rights prescribed in Article 149 of the Intellectual Property Law.

2. The Ministry of Science and Technology shall provide procedures for receiving and processing registration documents for contracts for transferring industrial property rights.

Chapter V

REPRESENTATIVE OF INDUSTRIAL PROPERTY RIGHTS HOLDER

Article 27. Industrial Property Law Training Program

1. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Education and Training and the Ministry of Justice to specify the details of the Industrial Property Law Training Program as stipulated in Clause 3, Article 155 of the Intellectual Property Law.

2. An individual shall be considered to have completed the Industrial Property Law training program as specified in Point d, Clause 2, Article 155 of the Intellectual Property Law in the following cases:

a) The author of a graduation thesis on industrial property at the undergraduate or postgraduate level;

b) Completion of an industrial property training course recognized by the Ministry of Science and Technology.

Article 28. Professional Examination for Representation of Industrial Property Rights

1. The professional examination for representation of industrial property rights shall be conducted to assess the ability to apply industrial property laws to resolve specific issues related to establishing and protecting industrial property rights.

2. The content of the professional examination for representation of industrial property rights includes skills in applying industrial property laws to handle situations related to the protection of industrial property objects.

3. The Ministry of Science and Technology shall guide and organize the professional examination for representation of industrial property rights.

Article 29. Issuance and Revocation of Professional Practice Certificate for Industrial Property Representation Services

1. The Professional Practice Certificate for Industrial Property Representation Services shall be issued to individuals who meet the conditions specified in Clause 2, Article 155 of the Intellectual Property Law upon their request after paying the prescribed fees and charges.

2. The Professional Practice Certificate for Industrial Property Representation Services shall be revoked in the following cases:

a) The holder of the Professional Practice Certificate for Industrial Property Representation Services ceases to engage in industrial property representation activities;

b) The holder of the Professional Practice Certificate for Industrial Property Representation Services no longer meets the conditions specified in Clause 2, Article 155 of the Intellectual Property Law;

c) The holder of the Professional Practice Certificate for Industrial Property Representation Services seriously violates the provisions of Clause 3, Article 152 and Article 153 of the Intellectual Property Law;

d) The holder of the Professional Practice Certificate for Industrial Property Representation Services commits serious misconduct during the practice of industrial property representation services, causing damage to the interests of the State and society.

e) The holder of the Professional Practice Certificate for Industrial Property Representation Services exploits the name of industrial property representation to carry out activities outside the scope of industrial property representation services as specified in Clause 1, Article 151 of the Intellectual Property Law.

3. The Ministry of Science and Technology shall issue and revoke the Professional Practice Certificate for Industrial Property Representation Services.

4. Organizations that meet the conditions specified in Article 154 of the Intellectual Property Law shall be recorded as organizations conducting industrial property representation services in the National Register of Industrial Property Representatives and published in the Official Gazette of Industrial Property upon their request and after paying the prescribed fees and charges.

5. The names of organizations providing industrial property representation services shall be removed from the National Register of Industrial Property Representatives and published in the Official Gazette of Industrial Property regarding the removal of their names in the following cases:

a) The organization providing industrial property representation services ceases to conduct industrial property representation services;

b) The organization providing industrial property representation services no longer fully meets the conditions specified in Article 154 of the Intellectual Property Law;

c) The organization providing industrial property representation services seriously violates the provisions of Clause 3, Article 152 and Article 153 of the Intellectual Property Law;

d) The organization providing industrial property representation services commits serious misconduct while conducting industrial property representation services, causing damage to the interests of the State and society;

e) The organization providing industrial property representation services exploits the name of industrial property representation to carry out activities outside the scope of industrial property representation services as specified in Clause 1, Article 151 of the Intellectual Property Law.

6. The consideration of requests to reissue the Professional Practice Certificate for Industrial Property Representation Services or to record again organizations providing industrial property representation services in the National Register of Industrial Property Representatives after being revoked or removed according to Points c, d, and e of Clause 2 or Points c, d, and e of Clause 5 of this Article shall only be conducted after a period of three years from the date of revocation or removal.

Chapter VI

MEASURES TO PROMOTE INDUSTRIAL PROPERTY ACTIVITIES

INDUSTRIAL PROPERTY RIGHTS

Article 30. Training and Capacity Building for Intellectual Property Activities

1. The Ministry of Science and Technology shall take the lead and coordinate with the Ministry of Education and Training and the Ministry of Justice to provide detailed regulations on the content and programs for training and capacity building in intellectual property.

2. The Ministry of Justice shall take the lead and coordinate with the Ministry of Science and Technology to organize the development of content and programs for capacity building in intellectual property knowledge for judicial positions.

3. The Ministry of Science and Technology shall take the lead and coordinate with relevant ministries and sectors to organize capacity building in intellectual property for those engaged in state management, appraisal, inspection, handling of violations and infringements related to intellectual property.

4. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Justice and the Ministry of Science and Technology to develop programs and organize training in intellectual property at educational institutions.

Article 31. Ensuring Intellectual Property Information

1. The intellectual property information system includes a collection of all information related to protected intellectual property objects in Vietnam, selected information according to purpose or topic regarding foreign intellectual property objects, classified and arranged appropriately for searching (retrieval), distribution, and use.

2. The Ministry of Science and Technology shall be responsible for organizing the construction, management of intellectual property information repositories, developing classification tools, retrieval methods, and guidance on retrieving and using domestic and international intellectual property information; organizing the provision of complete, timely, accurate information to ensure access to these repositories for users requiring information to serve activities establishing and protecting intellectual property rights, research, development, and business.

3. Research and implementation projects not funded from the state budget if patent information searches are not conducted from the outset when drafting project outlines or if the projects overlap with existing patent information, except for projects aimed at testing applications or finding technical secrets to exploit existing patents.

The Ministry of Science and Technology shall be responsible for organizing the provision of patent search services upon request by agencies, organizations, and individuals drafting, approving, and finalizing research and implementation projects funded by the state, provided that the requester pays the search fee as prescribed by the Ministry of Finance.

Article 32. Accounting for Costs and Prices Related to Intellectual Property

1. Expenses for the following purposes shall be considered reasonable business expenses:

a) Expenses for creating inventions, industrial designs, layout-designs; expenses for designing trademark models, corporate logos;

b) Expenses for implementing registration procedures, maintaining, and extending rights to inventions, industrial designs, layout-designs, trademarks, geographical indications, including implementing such procedures abroad;

c) Expenses for implementing measures to protect trade secrets and safeguard rights to inventions, industrial designs, layout-designs, trademarks, geographical indications;

d) Expenses for paying royalties to authors;

e) Expenses for purchasing ownership or usage rights to inventions, industrial designs, layout-designs, trademarks, trade secrets.

2. Inventions, industrial designs, layout-designs, trademarks, trade names, trade secrets, and related intellectual property rights currently in effect created by the enterprise or transferred, assigned are intellectual property assets of the enterprise, included in the total assets of the enterprise.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Science and Technology to guide the accounting of costs related to intellectual property and the valuation of intellectual property assets as stipulated in Clause 1 and Clause 2 of this Article.

Article 33. Expanding the Scope of Use of Inventions, Industrial Designs, and Layout-Designs Owned by the State

1. In cases where inventions, industrial designs, and layout-designs owned by the State and where the ability of the holder of the Intellectual Property Certificate to utilize such inventions, industrial designs, and layout-designs does not meet societal needs, other state organizations have the right to request the holder of the Intellectual Property Certificate to transfer the right to use such inventions, industrial designs, and layout-designs under the following conditions:

a) The transferred right to use the invention, industrial design, or layout-design shall be non-exclusive and may not be further transferred to another party;

b) The scope of use of the invention, industrial design, or layout-design by the transferee shall not affect the use of such invention, industrial design, or layout-design by the holder of the Intellectual Property Certificate until the latter's capacity to utilize them is exhausted;

c) In cases where the use of the invention, industrial design, or layout-design is not for commercial purposes, the transfer price that the transferee must pay to the holder of the Intellectual Property Certificate shall be fifty percent of the amount that a non-state organization would have to pay to obtain the right to use such invention, industrial design, or layout-design under equivalent conditions.

2. The transfer of the right to use inventions, industrial designs, and layout-designs from the State to other state organizations as stipulated in Clause 1 of this Article shall not affect the rights of the holder of the Intellectual Property Certificate to transfer the right to use such objects to other organizations that are not state-owned.

Article 34. Encouraging Social Organizations and Professional Associations to Engage in Intellectual Property Activities

Social organizations and professional associations operating in the field of intellectual property shall be provided with conditions to perform advisory and social critique functions regarding intellectual property and to promote non-governmental social service activities in order to fully support the operations of state agencies and assist intellectual property right holders.

Article 35. Other Measures to Encourage Creative Activities

The State encourages and supports creative technological activities through the following measures:

1. Supporting technical innovation contests.

2. Awarding, disseminating experiences, methods of creativity, and exemplary advanced practices in creative labor.

3. Assisting in establishing and protecting intellectual property rights for creative achievements.

Chapter VII

IMPLEMENTING PROVISIONS

Article 36. Transitional Provisions

1. Patent applications submitted to the National Office of Intellectual Property before January 1, 2006, shall continue to be processed according to the provisions of the Civil Code 1995 and the guiding documents implementing the Civil Code 1995.

2. Patent applications submitted to the National Office of Intellectual Property from January 1, 2006, to June 30, 2006, shall also be processed according to the provisions of the Civil Code 1995 and the guiding documents implementing the Civil Code 1995, including:

a) Applications for invention patents may request utility model patents and in such cases shall be processed as utility model patent applications;

b) Applications for geographical indications shall be processed as applications for origin names of goods.

3. From January 1, 2006, to June 30, 2006, rights and obligations under certificates issued according to the Civil Code 1995 and the Civil Code 2005 shall take effect according to the Civil Code 2005 and the provisions in the guiding documents implementing the Civil Code 1995 that do not conflict with the provisions of the Civil Code 2005.

4. Within one year from the date this Decree takes effect, organizations and individuals legally engaged in intellectual property representation services according to the Civil Code 1995 and the guiding documents implementing the Civil Code 1995 shall continue their operations as organizations and individuals meeting the business and professional practice conditions stipulated in Articles 154 and 155 of the Intellectual Property Law.

Article 37. Effectiveness of the Decree

This Decree shall take effect fifteen days after its publication in the Official Gazette.

All previous regulations contrary to this Decree are hereby abolished.

Article 38. Responsibility for guiding implementation

1. The Minister of Science and Technology shall guide the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.