Circular No. 29/2003/TT-BKHCN of the Ministry of Science and Technology guiding the implementation of procedures for establishing industrial property rights for industrial designs

CIRCULAR

Issued by the Ministry of Science and Technology Decision No. 29/2003/TT-BKHCN dated November 5, 2003 guiding the implementation of procedures for establishing industrial property rights for industrial designs.

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Pursuant to Decree No. 54/2003/NĐ-CP dated May 19, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

Pursuant to Decree No. 63/CP dated October 24, 1996 of the Government detailing regulations on industrial property, amended and supplemented by Decree No. 06/2001/NĐ-CP dated February 1, 2001 of the Government;

The Ministry of Science and Technology guides the implementation of procedures for preparing, submitting, and examining applications for granting protection certificates; procedures for issuing, amending, extending, suspending, and revoking the validity of protection certificates for industrial designs,

PART I

GENERAL PROVISIONS

1. Explanation of Terms

1.1. In this Circular, the following terms shall be understood as follows:

a) "Decree" refers to Decree No. 63/CP dated October 24, 1996 of the Government detailing regulations on industrial property, amended and supplemented by Decree No. 06/2001/NĐ-CP dated February 1, 2001 of the Government;

b) "Application" refers to the Application for Granting Exclusive Right Certificate for Industrial Design;

c) "Applicant" is the subject named in the Application;

d) "Industrial design registration procedure" means the procedure for establishing industrial property rights for industrial designs and related procedures.

1.2. Other terms shall be understood according to the Decree.

2. Confirmation of Documents

2.1. Confirmation of Original Documents

During the process of implementing industrial design registration procedures, all original transaction documents must be self-certified by the subject named in the document according to the following provisions:

a) There must be a signature accompanied by the full name of the individual subject or authorized representative signing on behalf of the subject;

b) If the subject named in the document is an organization, it is mandatory to use the seal, and the signature of the authorized representative of the subject must be affixed.

2.2. Confirmation of Copies

a) All copies of documents made by any method must be certified as true copies according to Point 2.2.b of this Circular to be used as official documents during the process of implementing industrial design registration procedures.

b) A copy will be recognized as a true copy if it bears certification from one of the following entities or individuals: Notary Public, People's Committee, or Authorized Authority, Subject (all subjects) named in the original document or their authorized representatives. If the copy consists of multiple pages, each page must be certified or the pages must be stapled together.

2.3. Certification of Translations

a) All translations into Vietnamese of documents must be certified as accurate translations from the original according to Point 2.3.b of this Circular to be used as official documents during the process of implementing industrial design registration procedures.

b) Certification of translations may be conducted in one of the following ways:

- Notarization;

- Certification by the subject (all subjects) named in the original document or their authorized representatives;

- Recognition by the competent authority using the translation during the relevant procedure.

3. Persons Acting on Behalf of Subjects to Conduct Industrial Design Registration Procedures

3.1. Only those persons specified in Points 3.2 and 3.3 of this Circular may act on behalf of the subject to conduct industrial design registration procedures before the National Office of Intellectual Property and other competent authorities.

The National Office of Intellectual Property and other competent authorities are only permitted to transact with such persons, and such transactions shall be considered formal transactions with the subject.

3.2. For subjects directly entitled to submit Applications and related procedures stipulated in Clauses 2 and 3.a) Article 15 of the Decree, the following persons are permitted to act on behalf of the subject to perform the tasks specified in Point 3.1 of this Circular:

a) The individual themselves or their legal representative (for individual subjects);

b) The legal representative of the subject; an individual member of the subject authorized by the legal representative of the subject to represent; the head of the representative office or branch of the subject, authorized by the legal representative of the subject to represent (for corporate or other subjects);

c) The head of the representative office in Vietnam of a foreign subject, authorized by that subject to represent; the legal representative of a business established in Vietnam with 100% foreign capital investment, authorized by that subject to represent;

d) An individual or entity meeting one of the conditions set out in Points 3.2.a, b, c of this Circular, if the subject includes multiple individuals, corporations, or other subjects, and if that person is authorized by all individuals, corporations, or other subjects to represent.

3.3. For subjects only permitted to submit Applications and related procedures through an Industrial Property Service Representation Organization as stipulated in Clause 3.b) Article 15 of the Decree, as well as for all other subjects conducting such procedures through an Industrial Property Service Representation Organization, only legal representatives or authorized representatives of the Industrial Property Service Representation Organization holding a power of attorney from the subject may perform the tasks specified in Point 3.1 of this Circular.

4. Authorization to Conduct Industrial Design Registration Procedures

4.1. The authorization and execution of authorization to conduct industrial design registration procedures must comply with the provisions of civil contracts and agency contracts under the Civil Code and the provisions of this Circular.

4.2. Any authorization to conduct industrial design registration procedures must be documented in writing (Power of Attorney), including the following main contents:

a) Name (full name), address of the Principal;

b) Name (full name), address of the Agent;

c) Scope of authorization (the tasks that the Agent performs on behalf of the Principal);

d) Date of issuance of the Power of Attorney;

e) Signature or seal of the person issuing the Power of Attorney;

f) Duration of authorization.

An unlimited power of attorney shall be deemed to have perpetual validity and shall only terminate when the principal declares the termination of the power of attorney.

4.3. The party receiving the power of attorney must be an individual permitted to carry out the procedures for registering industrial designs as stipulated in Point 3.2 of this Circular or an industrial property service representation organization.

4.4. When conducting registration procedures for industrial designs pursuant to a power of attorney, the party receiving the power of attorney must submit the original power of attorney. Any changes to the scope of the power of attorney and its premature termination must be notified in writing to the National Office of Intellectual Property and relevant authorities, and such changes shall only take effect from the date these authorities receive the notification.

4.5. If the power of attorney includes multiple tasks under separate registration procedures and the original power of attorney has been submitted to the National Office of Intellectual Property, then when proceeding with subsequent procedures, the party receiving the power of attorney must accurately state the number and date of submission of the application file containing that original power of attorney.

Chapter II

APPLICATIONS AND HANDLING OF APPLICATIONS

Section I. APPLICATIONS

5. Requirements for the Form of Applications

5.1. The application must meet the following form requirements:

a) All documents of the application must be prepared in Vietnamese, except for documents that may be presented in another language as provided for in Points 5.2 and 5.3 of this Circular;

b) All documents of the application must be presented vertically (except for drawings and images of industrial designs which may be presented horizontally) on one side of A4 size paper (210mm x 297mm), leaving margins of 20mm on all four sides, except for supplementary documents whose source material is not intended to be included in the application;

c) If any type of document requires preparation according to a model, it is mandatory to use those models by filling in the appropriate spaces;

d) Each multi-page document must be numbered sequentially using Arabic numerals;

e) Documents must be typed or printed in indelible ink, clearly and cleanly, without erasures or corrections;

f) Terminology used in the application must be common terms, symbols, measurement units, and electronic fonts used in the application must comply with Vietnamese Standards;

g) The application may include supplementary electronic data-carrying materials of part or all of the content of the application documents, presented in accordance with the format regulations of the National Office of Intellectual Property.

5.2. The following documents may be prepared in a language other than Vietnamese but must be translated into Vietnamese:

a) Power of attorney; b) Documentation confirming the legal right to file an application if the applicant derives the right to file an application from another person (Inheritance certificate, Certification or Agreement transferring the right to file an application (including transferred applications); Assignment contract or Employment contract...);

c) Documentation proving the basis for claiming priority (confirmation by the receiving office of copies of the first application(s); Certificate of exhibition at an exhibition... Certificate of transfer of priority rights if such rights are derived from another person).

5.3. The following documents may be prepared in a language other than Vietnamese, but if requested by the National Office of Intellectual Property, they must be translated into Vietnamese:

a) Copy of the first application to prove the basis for claiming priority;

b) Other supplementary documents for the application.

6. Requirements for the Content of Applications

6.1. The application must ensure the consistency prescribed in Clause 2 of Article 11 of the Decree.

Each application may only request the grant of a patent for one industrial design of a product or a set of products and may include multiple variants of that industrial design.

Different variants of an industrial design may be claimed for protection in separate applications, provided that subsequent applications indicate that the industrial design is a variant of the industrial design in the earlier application and specify the application number and filing date of the earlier application. In the absence of such indications, the industrial design described in subsequent applications will be considered non-novel because it does not differ essentially from the design described in the earlier application. In the presence of such indications, the applicant will only be granted one protective document covering the corresponding industrial design variants mentioned in the respective applications.

In this point, the terms mean the following:

(i) Product is understood to be an object, tool, equipment, means... produced by industrial or handicraft methods, having clear structure and function, circulating independently;

- Set of products is a collection of two or more independent products, usually used together or to achieve a common purpose;

- Different variants of an industrial design are different versions of the industrial design embodied on a product or set of products, not essentially differing from each other.

6.2. The application must include the following documents:

a) Application form requesting the grant of a patent for an industrial design, prepared according to the model specified in the Appendix of this Circular (Application form);

b) Description of the industrial design (hereinafter referred to as Description);

(ii)c) Five sets of photographs or drawings of the industrial design;

d) Power of attorney (in case of filing through a representative);

e) Copy of the first application or documentation certifying exhibition at an exhibition if the application claims priority under an international agreement;

f) Proof of payment of application fees, publication fees, and priority claim fees (if priority is claimed), examination fees, and classification fees for industrial designs (if the applicant does not classify).

6.3. The documents listed in Point 6.2 of this Circular must be submitted simultaneously. However, the following documents may be submitted within three months from the date of filing the application:

a) Vietnamese version of the document specified in Point 6.2.b) of this Circular, if the application already contains an English version of the document;

b) The document specified in Point 6.2.d) of this Circular (including a Vietnamese translation), if the application already contains a copy of the document;

(ii)c) The document specified in Point 6.2.e) of this Circular (including a Vietnamese translation if requested by the National Office of Intellectual Property).

6.4. In case there are grounds to doubt the authenticity of the information in the Application, the Intellectual Property Office may request the Applicant to submit verification documents for such information within one month from the date of the request, particularly including the following documents:

a) Documents confirming the legal right to file the application, if the Applicant has inherited or transferred the filing rights from another person (Certificate of Inheritance Rights, Certificate or Agreement on Transfer of Filing Rights; Contract for Assignment of Work or Employment Contract...);

b) Documents confirming the legal ownership of trademarks, trade names, etc., if the design contains such signs.

6.5. The application form must include the classification code of the design sought to be protected according to the International Classification of Industrial Designs (under the Locarno Agreement). If the Applicant does not classify or classifies inaccurately, the Intellectual Property Office will classify it, and the Applicant must pay the classification service fee.

6.6. Description

a) The description must include the following contents:

- Name of the product bearing the industrial design,

(ii) - Field of use of the product bearing the industrial design,

- The least different known industrial designs,

- List of photographs or drawings,

- The section describing the industrial design (hereinafter referred to as the Description Section),

- Scope of protection requested.

b) The Description Section must fully present all the features that constitute the essence of the industrial design sought to be protected and must indicate the new design features created by the author, which differ from the least different known industrial designs, consistent with the photographs or drawings.

If the industrial design to be protected includes multiple options, the Description Section must fully represent all options and clearly specify the differences between each option and the basic option.

If the industrial design to be protected is the design of a set of products, the Description Section must fully represent the design of each product in the set.

c) The scope of protection is used to determine the extent (volume) of protection for the industrial design. The scope of protection must clearly state the design features to be protected, i.e., the new features different from similar known industrial designs.

The design features to be protected must be presented in the following order: shape and/or lines and/or relationships between these features and/or color (if applicable).

6.7. The set of photographs or drawings must fully illustrate the design features of the industrial design in accordance with the Description Section, and the scope of protection, and must comply with the following provisions:

a) Photographs/drawings must be clear and sharp, and on the photographs/drawings, no other products shall be shown except the product bearing the industrial design sought to be protected.

b) All photographs/drawings must be at the same scale. The size of each photograph or drawing must not be smaller than 90mm x 120mm and not larger than 210mm x 297mm.

c) Each photograph or drawing must be presented or attached to white A4 paper (210mm x 297mm) and must be numbered in sequence consistent with point 6.6.a) of this Circular.

d) There must be perspective views of the product bearing the industrial design sought to be protected in the photographs/drawings.

e) Depending on the scope of protection, additional photographs or drawings of projections and cross-sections sufficient to clearly illustrate the new design features to be protected must be provided.

f) Each option of the industrial design sought to be protected must have photographs or drawings showing the differences from the basic option.

g) For products with lids or foldable (cabinets, suitcases...), there must be images of the product in the open state.

h) For sets of products, there must be perspective views of the entire set and projections of each individual product in the set.

6.8. Details regarding the Description and Set of Photographs/Drawings of Industrial Designs are guided by the Intellectual Property Office.

PART II. SUBMISSION AND ACCEPTANCE OF APPLICATIONS

7. Submission of Applications

Applications may be submitted to the National Office of Intellectual Property or at any other receiving point established by the National Office of Intellectual Property. Applications can also be sent via registered mail to the aforementioned receiving points.

8. Acceptance of Applications

8.1. Upon receipt of an application, the National Office of Intellectual Property must perform the following tasks:

a) Check the list of documents recorded in the Application Form;

b) Record any discrepancies between the list of documents recorded in the Application Form and the actual number of documents in the application;

c) Conduct a preliminary examination of the application to determine whether it should be accepted according to Point 8.2 of this Circular and stamp the date of submission on the Application Form if the application is accepted;

d) Issue to the Applicant a receipt for the application stamped with the date of submission, the application number, and noting the results of the document list check, signed by the staff member who received the application.

8.2. The National Office of Intellectual Property will not accept an application if it lacks any of the following mandatory documents:

a) The Application Form (which must contain information about the name and address of the Applicant);

b) The Description (which includes the Claim for Protection);

c) A set of photographs or drawings of the industrial design;

d) Proof of payment of the application fee.

8.3. In cases where the application is not accepted, within fifteen days from the date of receipt of the application, the National Office of Intellectual Property must send the Applicant a Notice of Refusal to Accept the Application, stating the reasons for non-acceptance and setting a two-month period from the date of notification for the Applicant to correct deficiencies.

If the Applicant submits all required documents within the prescribed time limit, the application shall be deemed accepted on the date of submission of such documents.

For applications that are not accepted, the National Office of Intellectual Property is not required to return the application documents to the Applicant but must refund any fees paid according to the procedures stipulated in this Circular.

PART III. EXAMINATION OF THE FORMALITY OF APPLICATIONS

9. Purpose and Content of Formality Examination

Formality examination of applications involves checking compliance with formal requirements for applications, thereby concluding whether the application is considered valid or not.

Valid applications will be further examined. Invalid applications will be rejected (not further examined).

10. Valid Applications

10.1. An application is considered valid if it does not fall under any of the following circumstances:

a) The application is made in a language other than Vietnamese, except as provided for in Points 5.2 and 5.3 of this Circular;

b) The Application Form does not contain sufficient information about the author, the Applicant, the representative, and lacks signatures and/or seals of the Applicant or the representative;

c) There is evidence that the Applicant has no right to submit the application;

d) The application is submitted contrary to the provisions of Article 15 of the Decree;

e) The Description is in English without the Applicant supplementing a Vietnamese version within the time limit specified in Point 6.2 of this Circular;

f) The Power of Attorney was not submitted within the time limit specified in Point 6.2 of this Circular;

g) The application still contains deficiencies listed in Point 11 of this Circular affecting its validity, despite being requested by the National Office of Intellectual Property to correct them, the Applicant has not corrected them or the corrections were inadequate;

h) There is evidence that the subject matter described in the application is clearly not protected by the State according to Article 787 of the Civil Code and Clause 3 of Article 5 of the Decree.

10.2. For applications involving multiple subjects, if the application falls under the circumstances mentioned in Points 10.1.h, 11.a, b, e of this Circular and the deficiencies do not affect all subjects in the application, the application is considered partially invalid (for the subjects with deficiencies), while applications for the remaining subjects are still considered valid.

11. Handling Deficiencies in Applications During Formality Examination

11.1. The National Office of Intellectual Property notifies the Applicant if the application still has the following deficiencies:

a) Insufficient copies of any of the mandatory documents;

b) The application does not meet the requirement of consistency;

c) The application does not comply with the presentation formalities;

d) Information about the Applicant in different documents is inconsistent, erased, or not confirmed in accordance with regulations;

e) The required fees and charges have not been fully paid as specified in Point 6.2.f) of this Circular.

11.2. Within two months from the date of notification, the Applicant must correct these deficiencies.

12. Determination of the Date of Submission

The date of submission is the date recorded in the Receipt Stamp on the Application Form when the application arrives at the National Office of Intellectual Property.

13. Determination of the Priority Date

13.1. If the application does not claim priority rights or although the application claims priority rights, they are not approved by the National Office of Intellectual Property, the priority date is the Date of Submission.

13.2. If the application claims priority rights, the priority date (or dates) is the date stated in such claim and approved by the National Office of Intellectual Property.

14. Notification of Acceptance of Applications

If the application is considered valid, the National Office of Intellectual Property sends the Applicant a Notice of Acceptance of a Valid Application, which must specify the name and address of the Applicant; the name of the Industrial Property Service Organization (if the application is submitted through such organization); the name of the subject matter in the application, the date of submission and the application number, the priority date of the application. If the claim for priority rights is not approved, the reasons must be clearly stated.

15. Refusal to Accept Applications

If the application is considered invalid, the National Office of Intellectual Property sends the Applicant a Notice of Intention to Refuse Acceptance of the Application, which must specify the deficiencies causing the application to be considered invalid and set a two-month period from the date of notification for the Applicant to comment on the intention to refuse acceptance of the application.

If the Applicant does not comment or comments are not reasonable regarding the intention to refuse acceptance of the application, the National Office of Intellectual Property officially issues a Notice of Refusal to Accept the Application and refunds any fees and charges paid related to work after formal examination upon request of the Applicant.

16. Time Limit for Formality Examination of Applications

16.1. The time limit for formal examination is one month from the date of submission of the application. For applications with supplementary documents submitted as provided for in Point 6.3 of this Circular, the time limit for formal examination is one month from the date of submission of all supplementary documents.

16.2. If during the examination of the form of the Application, the Applicant voluntarily or at the request of the National Office of Intellectual Property conducts the amendment or supplementation of documents, the examination period for the form shall be extended by fifteen days. In cases where the Application is amended or supplemented upon the request of the National Office of Intellectual Property, the time granted to the Applicant for amending or supplementing the Application shall not be counted within the examination period for the form.

Section IV. PUBLICATION OF APPLICATIONS

17. Publication of Valid Applications

All valid applications accepted by the National Office of Intellectual Property shall be published in the Industrial Property Gazette. The Applicant must pay the publication fee for the Application.

18. Time Limit for Publication of Applications

Applications will be published in the second month following the date of acceptance of the valid application.

19. Content of Publication of Applications

Information related to valid applications published on the Industrial Property Gazette includes: all information about the valid application recorded in the Notification of Acceptance; information related to the transfer of applications, division of applications...; one or several photographs or drawings representing the design.

20. Access to Detailed Information About Valid Applications

Anyone can access detailed information about the subject matter stated in the Application or request the National Office of Intellectual Property to provide such information, and the person requesting the information must pay the prescribed fee.

Section V. EXAMINATION OF THE CONTENT OF APPLICATIONS

21. Purpose of Examining the Content

The purpose of examining the content of the Application is to assess the eligibility for protection of the subject matter stated in the Application according to the protection criteria, and to determine the scope (volume) of protection accordingly.

22. Use of Search Results in the Examination of the Content

22.1. When conducting the examination of the content, the National Office of Intellectual Property must conduct a search in the minimum source of information specified in Point 33.2 of this Circular to compare and evaluate the subject matter stated in the Application according to the protection criteria.

22.2. During the examination of the content of the Application with priority rights, the National Office of Intellectual Property may use the results of the search and the examination results of the corresponding Application filed abroad. The Applicant may provide the National Office of Intellectual Property with the following documents to serve the examination of the content:

a) The search results or examination results of the Application filed abroad for the subject matter stated in the Application;

b) A copy of the Patent or other protective certificate issued based on the Application filed abroad for the subject matter stated in the Application.

23. Consideration of Third Party Opinions

During the examination of the content of the Application, the National Office of Intellectual Property must consider the opinions of third parties (if any) supporting or opposing the issuance of a protective certificate. The National Office of Intellectual Property must notify the person who has provided the opinion whether it has been accepted or not, and if not accepted, specify the reasons.

24. Request for Correction of Defects in the Form of the Application, Explanation of the Content of the Application

24.1. During the examination of the content of the Application, the National Office of Intellectual Property has the right to request the Applicant to explain the content of the Application documents or correct defects in the form of the Application. If the Applicant does not comply with the request, the Application will be deemed withdrawn and will not be further considered.

24.2. The National Office of Intellectual Property shall not request the Applicant to provide information exceeding the scope of the subject matter stated in the Application, especially information that the Applicant wishes to keep confidential.

24.3. Any amendments or supplements to the Application documents must be made by the Applicant themselves. The National Office of Intellectual Property shall not directly carry out such amendments or supplements.

25. Suspension of Examination of the Content

25.1. In the following cases, the examination of the content shall be suspended:

a) The Application does not clearly show the nature of the subject matter: Documents related to the nature of the subject matter, such as the Description, Protection Claim, Drawings (or photographs), lack sufficient information to determine the nature of the subject matter or these documents are inconsistent to the extent that the subject matter cannot be determined;

b) The subject matter is not suitable for obtaining a Design Patent or is a subject matter not protected by the State according to Article 787 of the Civil Code and Clause 3 of Article 5 of the Decree;

c) There is a request to suspend the examination of the content or there is a declaration of withdrawal/rejection of the Application by the Applicant.

25.2. The National Office of Intellectual Property must notify the Applicant of the suspension of the examination of the content and the reason leading to the suspension according to the procedure similar to the procedure for notifying the result of the examination of the content stipulated in Point 28 of this Circular (except in cases where the suspension is carried out at the request of the Applicant).

26. Objection to the Reason for Suspension and Restoration of Examination of the Content

26.1. The Applicant has the right to object to the reason for suspending the examination of the content, and the National Office of Intellectual Property has the responsibility to handle it according to the procedure stipulated in Section 3 of Chapter 4 of this Circular.

26.2. If the result of handling the Applicant's opinion determines that the Applicant's opinion is reasonable, the National Office of Intellectual Property restores the examination of the content of the Application. In this case, the National Office of Intellectual Property shall not extend the examination period for the content.

27. Content and Procedure for Evaluating the Subject Matter According to Protection Criteria

27.1. The content of evaluating the subject matter according to the protection criteria is to determine whether the subject matter stated in the Application meets the requirements for obtaining a Design Patent, and if it does, to evaluate the subject matter sequentially according to each protection criterion.

27.2. The evaluation according to the protection criteria is conducted sequentially for each subject matter (if the Application includes multiple subject matters while ensuring consistency). For each subject matter, the evaluation is conducted sequentially according to the detailed criteria specified in Chapter 3 of this Circular.

The evaluation is conducted sequentially for each product (if the Application refers to a set of products); in cases referring to multiple options, the evaluation starts from the basic option.

27.3. The evaluation of each subject matter ends if:

a) Reasons are found to conclude that the subject matter does not meet a protection criterion (in this case, the examination of the content ends with the conclusion that the subject matter does not meet the protection criterion).

b) No grounds are found to conclude that the subject does not meet any protection standard (in this case, the examination of the content ends with the conclusion that the subject meets the protection standard).

28. Notification of the result of the content examination

28.1. The result of the content examination of the Application must be notified by the National Office of Intellectual Property to the Applicant, clearly stating whether the subject meets the protection standards or not.

28.2. If the subject mentioned in the Application is not in compliance with the requirements for granting an Industrial Design Certificate or if it is compliant but does not meet the protection standards, the Notification of the result of the content examination must clearly state the intention to refuse the grant of the protection certificate, along with the reasons for refusal, and set a two-month period from the date of notification for the Applicant to provide comments; if the scope (volume) of protection is too broad, the Notification must clearly state the reasons and indicate the intention to narrow the scope (volume) of protection.

28.3. If the subject meets the protection standards but the Application still has deficiencies, the Notification of the result of the content examination must clearly state those deficiencies and set a two-month period from the date of notification for the Applicant to provide comments or correct the deficiencies, while also notifying that the grant of the protection certificate will be refused if the Applicant does not correct the deficiencies satisfactorily or does not provide a valid objection.

28.4. If the subject meets the protection standards, or in the cases specified in Points 28.2 and 28.3 of this Circular, where the Applicant has narrowed the scope (volume) of protection so that the subject meets the protection standards, or has corrected the deficiencies satisfactorily and/or provided a valid objection, then in the Notification of the result of the content examination, a deadline must be set for the Applicant to pay the publication fee, registration fee, and issuance fee for the protection certificate. The deadline mentioned above is one month from the date the Applicant receives the Notification or two months from the date of issuance of the Notification, whichever is earlier.

28.5. If within the set deadline, the Applicant does not correct the deficiencies satisfactorily and/or does not provide a valid objection, the National Office of Intellectual Property officially refuses to grant the protection certificate.

In the case where the Notification of the result of the content examination sets a deadline for payment of fees as stipulated in Point 28.4 of this Circular, and the Applicant does not pay the publication fee, registration fee, and issuance fee for the protection certificate within the set deadline, the National Office of Intellectual Property refuses to grant the protection certificate.

28.6. For Applications containing multiple subjects, if only some of these subjects fall under the situation specified in Point 28.5 of this Circular, the refusal to grant the protection certificate only applies to those subjects (the protection certificate will still be granted for the remaining subjects).

29. Deadline for Content Examination

29.1. The deadline for the content examination of the Application is six months from the date of publication of the Application.

29.2. If during the content examination of the Application, the Applicant voluntarily or at the request of the National Office of Intellectual Property carries out corrections or supplements to the documentation, the deadline for the content examination is extended by one month. In the case where the Application is corrected or supplemented at the request of the National Office of Intellectual Property, the time allocated for the Applicant to make corrections or supplements shall not be counted towards the deadline for the content examination.

29.3. Before the end of the deadline for the content examination, the National Office of Intellectual Property must notify the Applicant of the result of the content examination in accordance with Point 28 of this Circular.

Chapter VI. AMENDMENTS TO APPLICATIONS

30. AMENDING, SUPPLEMENTING, DIVIDING, AND TRANSFERRING APPLICATIONS

30.1. Prior to the Intellectual Property Office issuing a Notification rejecting acceptance of the Application, a Notification rejecting grant of the Certificate of Protection, or a Decision granting the Certificate of Protection, the Applicant may proactively or upon request of the Intellectual Property Office amend and supplement the documents of the Application, including dividing the Application (dividing one or several industrial designs within an industrial design application).

The Applicant must submit the amended content and a description of the amendments compared to the unamended content, and must pay the prescribed fee.

30.2. Amending and supplementing the Application shall not extend the scope (volume) of protection beyond what was disclosed in the Description section and shall not alter the nature of the subject matter stated in the Application. If the amendment extends the scope (volume) of protection or alters the nature of the subject matter, the Applicant must file a new Application and all procedures will be restarted from the beginning.

30.3. Divided Applications retain the filing date of the original Application/(priority dates of the original Application). For each divided Application, the Applicant must pay the Application fee and all fees for independent procedures related to the divided Application, but there is no need to pay additional priority claim fees. Divided Applications are examined for formality and continue to be processed according to the unfinished procedures of the original Application. The date of the division request is considered the date of amending and supplementing the original Application for examination purposes. The original Application (after being divided) continues to be processed according to the usual procedure and the Applicant must pay the amendment and supplementation fee.

30.4. The Applicant may request recording changes to the name and address of the Applicant and transferring the Application (transferring the Application, transferring rights over the Application due to inheritance, merger, division of legal entities, court decision...). Requests for recording changes must be made in writing and the requester must pay the prescribed fee. In one document, multiple Applications with the same change content can be requested, provided that the Applicant pays the fee based on the number of related Applications.

Chapter III

EVALUATION OF THE SUBJECT MATTER UNDER PROTECTION STANDARDS

31. Evaluation of the consistency between the subject matter stated in the Application and the grant of the Exclusive Right Certificate for Industrial Design.

31.1. The external shape of the product - the subject matter protected under the name of industrial design - is a sufficient and necessary set of aesthetic characteristics regarding form, lines, colors defining the appearance of the corresponding product.

31.2. The subject matter stated in the Application shall not be considered the external shape of the product if it is the internal shape (part not visible during use) of the product, and in such case it is deemed inconsistent with the requirements for granting the Exclusive Right Certificate for Industrial Design.

32. Evaluation of the ability to serve as a model for manufacturing products of industrial designs

32.1. According to Clause 2 of Article 5 of the Decree, an industrial design is considered capable of serving as a model for manufacturing industrial and handicraft products if it is possible to manufacture a series of products with the external shape being that industrial design.

32.2. In the following cases, the subject matter stated in the Application is considered incapable of serving as a model for manufacturing products with an external shape identical to that subject matter:

a) The subject matter stated in the Application is the shape of the product in an unstable state (the product has an unfixed shape);

b) It is only possible to create a product with a shape like the subject matter stated in the Application through special skills or it is not possible to repeat the process of manufacturing a product with the shape as stated in the Application;

c) Other shapes for valid reasons.

33. Evaluation of the novelty of industrial designs

33.1. An industrial design stated in the Application is considered novel if it meets the conditions stipulated in Clause 1 of Article 5 of the Decree.

33.2. Minimum sources of information required

a) To evaluate the novelty of the industrial design stated in the Application, at least the following mandatory sources of information must be searched:

- Industrial design applications published by the Intellectual Property Office with priority dates earlier than the priority date of the Application;

- Industrial design applications and certificates of protection for industrial designs published by other organizations and countries within 25 years prior to the priority date of the Application, stored in the Industrial Design Database maintained by the Intellectual Property Office;

- Other information related to industrial designs collected and retained by the Intellectual Property Office.

b) In necessary and feasible cases, the search may be expanded beyond the minimum mandatory sources of information.

33.3. Basic design features of industrial designs

a) The basic design features of an industrial design are certain elements about form, lines, colors, positional relationships, or size relationships together with other elements forming a sufficient and necessary set determining the essence of that industrial design.

b) The following factors shall not be considered basic design features of an industrial design:

- Form and lines determined solely by the technical function or usage function of the product; for example, the flat shape of a data storage disc is determined by the relative motion between the disc and the reading head...

- Factors whose presence in the set of signs does not sufficiently create an aesthetic impression (the appearance of the product does not change whether the factor is present or absent); for example, changing a familiar form or line but the change is not enough to be recognized, thus the changed form/line is still recognized as the old form/line.

- Words, images attached/stuck... onto the product solely to perform the function of a trademark or provide information about the origin, characteristics, structure, utility, method of use... of the product; for example, words on a product label.

33.4. Information Search, Comparative Designs, and Search Report

a) The purpose of the information search is to find industrial designs identical or most similar to the industrial design stated in the Application, including:

- Two industrial designs are considered to be identical with each other if they have the same set of basic design features that are exactly the same;

- Two industrial designs are considered to be similar to each other if they have the same set of basic design features, with most of the basic design features being similar;

b) Reference design

The reference design is the identical or/and the most similar industrial design (having the largest number of identical basic design features within the defined set) to the industrial design stated in the Application;

c) Search Report

The search results must be presented in the Search Report, which must clearly state the search field, scope of search, search results within that scope (statistical information on the reference designs found, specifying the source of publication or information, date of publication or disclosure), and the name of the Person preparing the Report (the Searcher);

33.5. Conclusion on the Novelty of the Industrial Design

a) To base the conclusion on whether the industrial design stated in the Application is novel or not, a comparison must be made between the set of basic design features of that industrial design and the set of basic design features of the reference design;

b) The industrial design stated in the Application is considered to be novel if:

- No reference design is found in the minimum information sources; or

- Although a reference design is found in the minimum information sources, the industrial design stated in the Application has at least one basic design feature that is not present in the set of basic design features of the reference design, and

- The industrial design is not the external shape of a product widely known (not merely a rearrangement or assembly, combination of features of known industrial designs or having the natural form of plants, fruits, animals..., shapes of widely known geometric figures (for example: circle, ellipse, triangle, square, rectangle, regular polygon, prisms with cross-sections being the above-mentioned figures...), shapes of products, constructions famous in Vietnam or worldwide (for example: Turtle Tower, Mr. Fu Lu Shou statue, Eiffel Tower...), industrial designs only having aesthetic value such as sculptures, various types of paintings, statues...);

34. Conclusion on the Eligibility for Protection; Determination of Scope (Volume) of Protection of the Industrial Design

34.1. If there is no reason to assert that the industrial design stated in the Application does not meet at least one protection criterion, the Intellectual Property Office concludes that the industrial design meets the protection criteria (meets the criteria for granting an Industrial Design Registration Certificate). In the opposite case, the Intellectual Property Office concludes that the industrial design does not meet the protection criteria and refuses to grant an Industrial Design Registration Certificate;

34.2. In the event that the industrial design meets the protection criteria, the scope (volume) of protection is determined by the Protection Claim, which must specify the distinctive design features of the industrial design and be illustrated in drawings/photos;

Chapter IV

GRANTING, PUBLISHING, APPEALING, INJUNCTION, REVOKING THE PROTECTIVE DOCUMENT

PART 1. GRANTING AND REISSUING PROTECTION DOCUMENTS; GRANTING AND REISSUING DUPLICATE PROTECTION DOCUMENTS

Article 35. Granting Protection Documents

Article 35.1. Within ten days from the date on which the Applicant has paid all prescribed fees and charges as stipulated in Point 28.4 of this Circular, the National Office of Intellectual Property shall proceed with the issuance of protection documents in accordance with Articles 23 and 26 of the Decree.

After being granted a protection document, if the Owner of the protection document finds any errors, they have the right to request the National Office of Intellectual Property to correct the protection document. If the error is caused by the Applicant, the Owner of the protection document must pay the amendment fee. If the error is caused by the National Office of Intellectual Property, the Owner of the protection document does not need to pay that fee. The above amendment shall not alter the nature, subject matter, or scope (quantity) of protection.

Article 35.2. From the date the National Office of Intellectual Property issues the Decision granting the protection document, the Applicant may not transfer the Application to another party. If a Transfer Agreement of the Application has been signed between the Applicant and another party but has not yet been processed at the National Office of Intellectual Property, such Agreement must be converted into a Transfer Agreement of Industrial Design Ownership Rights according to the new protection document to be recognized.

Article 36. Right to Request Issuance and Reissuance of Duplicate Protection Documents and Reissuance of Protection Documents

Article 36.1. In cases where industrial property rights belong to joint ownership, the joint owners who have not been granted protection documents as provided for in Clause 3 of Article 26 of the Decree may submit an application to the National Office of Intellectual Property for issuance of duplicate protection documents, provided that they pay the issuance fee for duplicate protection documents.

Article 36.2. In the following cases, the owner of the protection document (including duplicate protection documents) who has already been granted a protection document may submit an application to the National Office of Intellectual Property for reissuance of protection documents or duplicate protection documents, provided that they pay the issuance fee for protection documents:

a) The protection document or duplicate protection document is lost, provided that a reasonable explanation is given;

b) The protection document or duplicate protection document is damaged (torn, dirty, faded... to the extent that it cannot be used), provided that the damaged protection document is returned.

Article 37. Application Documents for Issuing and Reissuing Duplicate Protection Documents and Reissuance of Protection Documents

The application documents for issuing and reissuing duplicate protection documents or reissuance of protection documents include the following:

a) An application form for issuing and reissuing duplicate protection documents or reissuance of protection documents (in accordance with the model specified in the Appendix to this Circular);

b) A statement explaining the reasons for the loss of the protection document or duplicate protection document; or a statement explaining the damage to the protection document/duplicate protection document (in the case of reissuance of protection documents);

c) Power of attorney (if submitted through a representative);

d) Proof of payment of the issuance fee for protection documents or the issuance fee for duplicate protection documents.

Article 38. Processing Application Documents for Issuing and Reissuing Duplicate Protection Documents and Reissuance of Protection Documents

Article 38.1. The National Office of Intellectual Property must examine the application documents for issuing and reissuing duplicate protection documents or reissuance of protection documents within one month from the date of receipt of the application documents. If the application documents meet the requirements set forth herein, the National Office of Intellectual Property shall issue a Decision on issuance or reissuance of duplicate protection documents or a Decision on reissuance of protection documents and record them in the corresponding section of the National Register.

Article 38.2. The content of duplicate protection documents shall fully reflect the information of the corresponding protection document. The content of the reissued protection document/duplicate protection document shall fully reflect the information of the original protection document/duplicate protection document and must be accompanied by the indication "Duplicate" or "Reissued Copy".

Article 38.3. In cases where the application documents do not comply with the provisions of Article 37 of this Circular, the National Office of Intellectual Property shall issue a Notice of Refusal to Issue Duplicate or a Notice of Refusal to Reissue Protection Documents, specifying the reasons therein.

Part II. NATIONAL REGISTRATION, ANNOUNCEMENT OF DECISIONS TO ISSUE INDUSTRIAL PROPERTY RIGHTS LICENSES

Article 39. NATIONAL REGISTER FOR INDUSTRIAL DESIGNS

Article 39.1. The National Register for Industrial Designs is the official, public database that fully reflects the legal status of industrial property rights established by the State for industrial designs.

Article 39.2. The Register includes sections corresponding to each license, each section containing information about the license (license number, date of issuance of the license; name of the protected object, scope (volume) of protection, term of validity; name and address of the license holder, author's name; information about the application for a license (application number, filing date, priority date of the application, name of the service organization representing industrial property (if any); information on amendments to the license, status of the license (maintaining validity, suspending validity, revoking validity); transfer of ownership rights, transfer of industrial design usage rights; number, date of issuance and person receiving a copy or reissue of the license).

Article 39.3. The Register is established and maintained by the Intellectual Property Office in paper, electronic form or other means. Any person may search the electronic Register (if available) or request the Intellectual Property Office to issue a copy of the Register (extracting sections from the Register). A person requesting a copy of the Register must pay the fee for issuing a copy.

Article 40. ANNOUNCEMENT OF DECISIONS TO ISSUE LICENSES

All licenses issued must be announced by the Intellectual Property Office in the Official Gazette of Industrial Property within the second month following the date of issuance of the decision. The applicant must pay the announcement fee.

Information to be announced includes information recorded in the relevant decision; one or several photographs or drawings depicting the industrial design.

Part III. COMPLAINTS RELATED TO PROCEDURES FOR ISSUING LICENSES

Article 41. Persons with the Right to File Complaints, Objects and Time Limit for Filing Complaints

Article 41.1. Persons with the right to file complaints as stipulated in Clause 1 of Article 27 of the Decree, within the time limit prescribed in Clause 3 of Article 27 of the Decree, have the right to initiate complaint procedures against formal rejection notices and decisions of the Intellectual Property Office related to the registration of industrial designs.

Article 41.2. The initial time limit for filing complaints as prescribed in Clause 3 of Article 27 of the Decree shall be applied in accordance with Article 31 of the Law on Complaints and Petitions, which is 90 days from the date the person entitled to file a complaint receives or becomes aware of the notice or decision of the Intellectual Property Office regarding the refusal to accept the application, the issuance or refusal to issue a license.

Article 42. COMPLAINT DOCUMENTATION

Article 42.1. General Requirements

Complaint documentation must meet the requirements of form set out in Points 5.1.a) to 5.1.e) of this Circular. Each complaint documentation refers to one decision or notice being complained about. A complaint documentation may also refer to multiple decisions or notices if they have the same content and grounds for complaint, provided that the complainant must pay the complaint fee according to each decision and notice being complained about.

Article 42.2. Complaint documentation must include:

a) A complaint form, filled out according to the model specified in the Appendix to this Circular;

b) A copy of the decision or notice being complained about;

c) A copy of the first decision resolving the complaint (for a second complaint);

d) Evidence proving the grounds for complaint (if necessary);

e) Power of attorney (in case of submission through a representative);

(i)f) Proof of payment of the complaint fee.

(i)Article 42.3. Evidence is a document (evidence) or physical item (material evidence) used to prove and clarify the grounds for complaint. Evidence must meet the following requirements:

a) Evidence can be a foreign language document provided it is accompanied by a Vietnamese translation when required by the authority responsible for handling the complaint;

b) In cases where evidence is a document issued by an individual or organization without a seal or by individuals or organizations abroad under the name of the subject, it must be certified by a Notary Public or an authorized agency;

c) In cases where evidence is information-bearing items (publications, video tapes...), depending on the situation, the origin, publication date, and release date of the documents mentioned above must be clearly stated, or the origin and publication date of the information displayed on these information-bearing items must be clearly stated;

d) Material evidence must be accompanied by a description of the relevant characteristics directly related to the content of the complaint.

Article 43. Responsibilities of the Complainant

The complainant must ensure honesty in providing evidence and bear responsibility for the consequences of providing false evidence.

Article 44. WITHDRAWAL OF COMPLAINT DOCUMENTATION

Article 44.1. At any time, the complainant may submit a written notification of withdrawal of the complaint documentation. If the withdrawal of the complaint documentation is carried out by an organization representing industrial property, the right to withdraw the complaint must be clearly stated in the power of attorney.

Article 44.2. Withdrawn documentation is considered not submitted. The complainant will not be refunded the withdrawn documentation and any complaint fees paid.

Article 45. ACCEPTANCE OF COMPLAINT DOCUMENTATION

Article 45.1. Within ten days of receiving the complaint documentation, the authority responsible for handling the complaint must check the documentation according to the requirements of form and issue a written notice to the complainant regarding whether the complaint documentation has been accepted or not, recording the acceptance date of the documentation or specifying the reasons for non-acceptance of the documentation.

Article 45.2. Complaint documentation will not be accepted in the following cases:

a) The complainant does not have the right to file a complaint;

b) The complaint documentation is submitted outside the prescribed time limit;

c) The complaint documentation does not meet the requirements set out above.

Article 46. INTERESTED PARTIES

Article 46.1. For accepted complaint documentation, the authority responsible for handling the complaint must notify in writing the content of the complaint to the interested party ("Interested Party") and set a deadline for them to provide comments. The deadline mentioned above is two months from the date of the notice.

Article 46.2. The Interested Party has the right to provide information and evidence to justify their position.

Article 46.3. If the deadline expires and the Interested Party does not provide comments, the complaint will be resolved based on the complainant's opinion.

Article 47. DECISION RESOLVING THE COMPLAINT

Based on the arguments and evidence of the complainant and the Related Party, the authority responsible for resolving complaints must issue a Decision to resolve the complaint within the time limit for resolving complaints as stipulated in Clause 4, Article 27 of the Decree.

Prior to issuing the Decision to resolve the complaint, the authority responsible for resolving complaints must notify the complainant and the Related Party about the arguments and evidence of the other party used to resolve the complaint, as well as the intended resolution of the complaint and set a two-month period from the date of issuance of the notification for the parties to provide comments.

The time allocated for the complainant and the Related Party to provide arguments and evidence upon request of the authority responsible for resolving complaints shall be considered as the time for amending and supplementing the file and shall not be counted towards the time limit for resolving complaints.

48. Effectiveness of the Decision to Resolve Complaints

Any industrial property procedure dependent on the outcome of the complaint resolution can only be carried out based on:

The initial Decision to Resolve Complaints, if the complainant does not lodge a second complaint or administrative lawsuit; or

The second Decision to Resolve Complaints or the Court's Decision if the complainant lodges a second complaint or administrative lawsuit.

Section IV. SUSPENSION AND REVOCATION OF THE EFFECTIVENESS OF PROTECTION DOCUMENTS

49. Right to Request Suspension or Revocation of the Effectiveness of Protection Documents

During the validity period of the Protection Document, any person has the right to request suspension or revocation of the effectiveness of the Protection Document according to the provisions of Articles 28 and 29 of the Decree, following the procedures and formalities specified in this Section.

50. File for Requesting Suspension or Revocation of the Effectiveness of Protection Documents

50.1. The file for requesting suspension or revocation of the effectiveness of Protection Documents must meet the formal requirements stipulated in Points 5.1.a) to 5.1.e) of this Circular.

50.2. A single file may request suspension or revocation of the effectiveness of multiple Protection Documents if they are based on the same grounds, provided that the requester must pay the fee prescribed for each Protection Document.

50.3. The file for requesting suspension or revocation of the effectiveness of Protection Documents must include:

a) An application form for requesting suspension or revocation of the effectiveness of Protection Documents, filled out according to the model prescribed in the Appendix of this Circular;

b) Evidence (if necessary);

c) Power of attorney (if submitted through a representative);

d) Proof of payment of fees.

51. Processing the File for Requesting Suspension or Revocation of the Effectiveness of Protection Documents

51.1. The file for requesting suspension or revocation of the effectiveness of Protection Documents shall be processed according to the procedure for handling complaints as stipulated in Points 45, 46, 47, and 48 of this Circular.

51.2. If dissatisfied with the result of processing the file for requesting suspension or revocation of the effectiveness of Protection Documents by the National Office of Intellectual Property, the Requester or/and the Related Party has the right to appeal against the Decision or Notification related thereto according to the procedure stipulated in Points 45, 46, 47, and 48 of this Circular.

51.3. The content of suspension or revocation of the effectiveness of Protection Documents shall be published in the Industrial Property Gazette and recorded in the National Register of Design Patents.

51.4. If the requester of suspension of effectiveness is the Owner of the Protection Document, the National Office of Intellectual Property will only examine whether such suspension affects the rights of third parties (whether there exists an effective license agreement concerning the relevant subject matter) without processing the file according to the procedures stipulated in Point 51.1 and 51.2 of this Circular.

Chapter V

AMENDMENT AND EXTENSION OF THE EFFECTIVENESS OF PROTECTION DOCUMENTS

PART I. AMENDMENTS TO THE PATENT DOCUMENT

Article 52. Right to Request Amendments to the Patent Document

Article 52. The holder of the patent document has the right to request the National Office of Intellectual Property to record any changes in the name and address of the holder of the patent document and any changes in the holder of the patent document (due to inheritance, merger, division, conversion of the form of business operation, or pursuant to a court decision...). The beneficiary of the rights of the holder of the patent document also has the right to request the recording of changes in the holder of the patent document.

The person requesting the recording of changes in name and address, and changes in the holder of the patent document must pay the fee for amending the patent document.

Article 53. Application for Amending the Patent Document

To amend the contents above, the holder of the patent document must submit to the National Office of Intellectual Property an application for amending the patent document, including:

a) A form for requesting amendment of the patent document, prepared according to the model prescribed in the Appendix of this Circular;

b) The original patent document;

c) Documentation confirming the change in the holder of the patent document (Certificate of Inheritance Rights, Certificate of Merger, Consolidation, Division of Legal Entities, Decision of the Court...) (in cases where the change in the holder of the patent document is requested);

d) Proof of payment of the fee for amending the patent document;

e) Power of attorney (in cases where the application is submitted through a representative).

Article 54. Multiple Requests for Amendment of Patent Documents

An application for amending a patent document may relate to multiple patent documents and may be combined with applications provided for in Points 30.1, 30.2, and 30.4 of this Circular if they have the same content of change, subject to the condition that the applicant must pay the fee for each patent document and/or related application.

Article 55. Processing Applications for Amending Patent Documents

The National Office of Intellectual Property shall examine the application for amending the patent document within one month from the date of receipt of the application. If the application is found to be valid, the National Office of Intellectual Property will proceed with the amendment of the patent document, register it in the Register, and publish the change in the Industrial Property Gazette. In the contrary case, the National Office of Intellectual Property will notify the applicant of its intention to refuse the amendment, stating the reasons and setting a two-month period from the date of notification for the applicant to correct deficiencies or to file objections. If within the set period the applicant does not correct deficiencies or the corrections made are not satisfactory and/or there are no objections or the objections filed are not reasonable, then the National Office of Intellectual Property will issue a formal notice refusing the request.

PART II. EXTENSION OF THE EFFECTIVENESS OF THE PATENT DOCUMENT

Article 56. Conditions for Extension

To extend the effectiveness of the design patent document, the holder of the patent document must submit an application for extension to the National Office of Intellectual Property within six months before the expiration of the patent document.

The application for extension may be submitted later than the time limit specified above but not more than six months from the date of expiration of the patent document, and the applicant for extension must pay the extension fee plus ten percent of the extension fee for each month of delay.

Article 57. Application for Extension

The application for extending the effectiveness of the patent document includes the following documents:

a) A form for requesting extension of the patent document's validity, prepared according to the model prescribed in the Appendix of this Circular;

b) The original patent document (in cases where the extension is recorded on the patent document);

c) Proof of payment of the extension fee;

d) Power of attorney (in cases where the application is submitted through a representative).

Article 58. Processing Applications for Extension

The National Office of Intellectual Property must examine the application for extension within one month from the date of receipt of the application. The National Office of Intellectual Property will issue a decision to extend, record the extension on the patent document as requested by the holder of the patent document, register it in the Register, and publish it in the Industrial Property Gazette if the application does not fall under the following circumstances:

a) The application for extension is not valid, or was submitted without complying with the prescribed procedures;

b) The applicant for extension is not the corresponding holder of the patent document.

If the application falls under any of the circumstances mentioned above, the National Office of Intellectual Property will issue a notice of its intention to refuse the extension, stating the reasons and setting a two-month period for the applicant to correct deficiencies and/or file objections. If within the set period the applicant does not make satisfactory corrections or does not file reasonable objections, the National Office of Intellectual Property must issue a formal notice refusing the extension.

Chapter VI

FEES AND DUES; EXTENSION AND SHORTENING

Article 59. Collection of Fees and Dues

When receiving an application or other requests for procedures, the National Office of Intellectual Property must check the proof of payment of fees and dues.

If the fees and dues have not been paid in full as required, the National Office of Intellectual Property will issue a Notice of Fee Collection, specifying each item and amount of fee and due required to be paid and send it to the applicant. For items already paid, the payer of the fee and due will be issued two copies of the Receipt of Payment, specifying each item and amount of fee and due paid, one copy of which the applicant must include in the application as proof of payment.

Article 60. Refund of Fees and Dues

Paid fees and dues may be partially or fully refunded at the request of the payer in the following cases:

a) Paid fees and dues exceed the prescribed amount;

b) As stipulated in the second paragraph of Clause 2, Article 32 of the Decree.

Article 61. Forms of Refund of Fees and Dues

The person requesting a refund of fees and dues may choose one of two methods: directly at the National Office of Intellectual Property or through a transfer agency (post office, bank...) or convert the refunded fees and dues into fees and dues for another procedure. In the case of a refund through a transfer agency, the recipient of the refund must bear the cost of transferring the money. The person requesting a refund of fees and dues must submit a form for requesting a refund of fees and dues, prepared according to the model issued by the National Office of Intellectual Property, specifying the chosen method of refund.

In the case of accepting the request for a refund of fees and dues, the National Office of Intellectual Property will issue a Notice of Refund, specifying the amount to be refunded and the method of refund, and send it to the requester. The recipient of the refund must sign the refund certificate issued by the National Office of Intellectual Property.

In the case of rejecting the request for a refund of fees and dues, the National Office of Intellectual Property will notify the requester, stating the reasons for rejection.

Article 62. Extension

In addition to the deadlines clearly specified by law as being extendable, the deadlines set by the Intellectual Property Office for amending, supplementing documents, and rebutting opinions and plans of the Intellectual Property Office may be extended once, for the same period, upon request of the person conducting the relevant procedure, provided that the requester must pay the extension fee (the fee for examining the file beyond the deadline).

63. Shortened Period

Persons conducting industrial property procedures before the Intellectual Property Office and competent authorities may request those agencies to perform the procedures prior to the prescribed deadlines, subject to the condition that the requester must pay the fee for examining the file prior to the deadline.

Depending on their capacity and specific conditions, the Intellectual Property Office and competent authorities may accept or reject requests to perform procedures prior to the prescribed deadlines.

Chapter VII

FINAL PROVISIONS

64. Responsibilities of Industrial Property Enforcement Officers

64.1. Officials, civil servants, or persons working under contracts with the Intellectual Property Office and other competent authorities assigned the task of implementing the procedures stipulated in this Circular (hereinafter referred to as Industrial Property Enforcement Officers) shall have the obligation to comply with laws related to their work.

64.2. Industrial Property Enforcement Officers who violate the law shall be disciplined according to the provisions of Decree No. 97/1998/NĐ-CP dated November 17, 1998 of the Government on disciplinary measures and material responsibility for civil servants and the Labor Code.

64.3. Industrial Property Enforcement Officers who violate the law and cause damage to others shall be required to compensate for the damage according to the provisions of Decree No. 47/CP dated May 3, 1997 of the Government on resolving compensation for damages caused by state civil servants and officials, and personnel of judicial organs.

65. Complaints

In addition to Decisions and Notifications related to the establishment of rights, persons conducting industrial property procedures stipulated in this Circular have the right to lodge complaints or lawsuits against other Decisions and Notifications of the Intellectual Property Office and competent authorities in accordance with the law on complaints, denunciations, and administrative litigation.

The procedures for lodging and handling complaints stipulated in Article 27 of the Decree and Points 45, 46, 47, and 48 of this Circular also apply to complaints about the aforementioned Decisions and Notifications, with appropriate modifications.

66. Regulations on Applications and Procedures for Filing Design Registrations

Regulations on Applications and Procedures for Filing Design Registrations consistent with the provisions of this Decree and Circular will be established in another document by the Ministry of Science and Technology.

67. Implementation

This Circular replaces the provisions on procedures for establishing rights to industrial property for designs in Circular No. 3055/TT-SHCN dated December 31, 1996 of the Ministry of Science, Technology, and Environment.

This Circular takes effect fifteen days after its publication in the Official Gazette.