Circular No. 3055/TT-SHCN guiding the implementation of regulations on procedures for establishing industrial property rights and some other procedures under Decree No. 63/CP dated October 24, 1996 of the Government detailing industrial property matters.

CIRCULAR

Regarding the guidance on implementing provisions concerning procedures for establishing ownership rights over industrial property and certain other procedures as stipulated in Decree No. 63/CP dated October 24, 1996 of the Government detailing regulations on industrial property.

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Pursuant to Decree No. 63/CP dated October 24, 1996 of the Government detailing regulations on industrial property;

The Ministry of Science, Technology and Environment issues this Circular to specifically define and guide the implementation of procedures for preparing, submitting, examining applications for granting protection certificates, procedures for approving and registering contracts transferring ownership rights over industrial property, procedures for considering applications for compulsory licenses, procedures for amending and extending the validity period of protection certificates, procedures for handling international patent applications under the Patent Cooperation Treaty (PCT) and international trademark registration applications under the Madrid Agreement, and procedures for issuing certificates of representation of industrial property rights.

PART I
GENERAL PROVISIONS

1. Terms

1.1. The terms in this Circular shall be understood as follows:

"Decree" refers to Decree No. 63/CP dated October 24, 1996 of the Government detailing regulations on industrial property;

"Application" refers to an application requesting issuance of a protection certificate;

"Patent Application," "Utility Model Application," "Design Application," "Trademark Application," and "Geographical Indication Application" respectively refer to applications requesting issuance of a patent certificate, utility model certificate, design certificate, trademark registration certificate, and geographical indication right usage certificate;

"International Application" refers to an international patent or utility model application filed under the Patent Cooperation Treaty (PCT);

"International Registration Application" refers to an international trademark registration application filed under the Madrid Agreement Concerning the International Registration of Marks;

"Trademark" refers to "trademark for goods" as defined in Article 2 of the Decree;

"Named Subject" means an individual, legal entity, or organization that has created or issued or signed off on the validity of a document;

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

2. Confirmation of Documents

2.1. Verification of Signatures

During the process of implementing procedures related to establishing, maintaining, extending, enforcing, transferring... industrial property rights as specified in this Circular, signatures on documents and materials submitted to competent authorities must be verified to confirm that they belong to the named subject and, in cases where the signer represents the named subject, must be verified to confirm that the signer has the authority to represent the named subject, as follows:

(i) For subjects with a legal seal, signature verification is carried out by affixing the subject's seal on the signature;

(ii) For Vietnamese subjects without a legal seal, signature verification must be conducted at a Notary Public Office or at a local government authority where the subject resides or has its headquarters;

(iii) For foreign subjects without a legal seal, signature verification must be conducted at a Notary Public Office or an equivalent authorized body.

2.2. Confirmation of Copies

a. All copies of documents made by any method must be certified as true copies of the original document according to the provisions set forth in paragraph b below before being used as official documents in the process of handling industrial property-related procedures at competent authorities.

b. A copy will be recognized as a true copy of the original if it bears a certification of authenticity from one of the following bodies: (i) notarization, (ii) People's Committee or an authorized body, (iii) a state agency or social organization that created the original document; and, 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 of the original document according to the provisions set forth in paragraph b below before being used as official documents in the process of handling industrial property-related procedures before competent authorities.

b. Certification of the translation may be conducted in one of the following ways: (i) notarization, (ii) certification by the named subject of the original document, (iii) certification by all parties involved in the contract or agreement (if the original document is a contract or agreement), (iv) recognition by the competent authority using the translation during the procedure.

3. Persons Acting on Behalf of the Subject in Industrial Property Procedures

3.1. Only those persons specified in Points 3.2 and 3.3 below are permitted to act on behalf of the subject in filing Applications, supplementing, and correcting Application documents; receiving and responding to opinions from the National Office of Intellectual Property related to Applications; deciding to continue or suspend the protection request process; receiving protection certificates; performing maintenance, amendment, extension of the validity period of protection certificates, as well as other industrial property procedures before the National Office of Intellectual Property and competent authorities.

The National Office of Intellectual Property is only allowed to transact with such persons, and such transactions shall be considered formal transactions with the subject.

3.2. For subjects directly entitled to file Applications and related procedures as stipulated in Clauses 2 and 3.a) of Article 15 of the Decree, the following persons are permitted to act on behalf of the subject in carrying out the tasks mentioned in Point 3.1 above:

(i) The individual himself/herself or his/her legal representative (for individual subjects);

(ii) 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);

(iv) Any individual or entity that meets one of the conditions set forth in paragraphs (i), (ii), (iii) above is one of the individuals or belongs to one of the legal entities or other subjects - if the subject includes multiple individuals, legal entities, other subjects, and if such person is authorized by all individuals, legal entities, other subjects to act on their behalf.

3.3. For subjects only permitted to submit Applications and related procedures through Industrial Property Service Representation Organizations as stipulated in Clause 3.b, Article 15 of the Decree, as well as for any other subjects implementing such procedures through Industrial Property Service Representation Organizations, only those persons holding an Industrial Property Representative Card from the Industrial Property Service Representation Organization with a Power of Attorney from the subject may carry out the tasks specified in Point 3.1 above.

4. Granting Authority to Conduct Industrial Property Procedures

4.1. All grants of authority to conduct industrial property procedures must be documented in writing (Power of Attorney), which must include the following contents:

(i) The full name, complete address, telephone number, fax number (if any) of the Principal; (ii) The full name, complete address, telephone number, fax number (if any) of the Agent; (iii) Scope of authority (the tasks that the Agent will perform on behalf of the Principal); (iv) Duration of authority; (v) Place and date of issuance of the Power of Attorney; (vi) Signature of the person issuing the Power of Attorney (confirmed according to the regulations on signature confirmation).

4.2. The Agent must be an individual or organization permitted to implement industrial property procedures as provided for in Points 3.2 (ii), (iii), (iv), and 3.3 of this Circular.

4.3. Any changes to the scope of authority and termination of authority before the expiration date must be notified to the National Office of Intellectual Property in writing.

4.4. If the Power of Attorney has a scope of authority covering several independent procedures, the Agent may submit a copy of the Power of Attorney, provided that the original Power of Attorney has been submitted to the National Office of Intellectual Property and the file number and submission date of the original Power of Attorney are indicated.

Chapter II
APPLICATIONS AND HANDLING OF APPLICATIONS

5. General Requirements for Applications

5.1. Applications must ensure the consistency prescribed in Clause 2, Article 11 of the Decree and must meet the general requirements regarding form as set forth in Point 5.2 below.

5.2. Applications must meet the general requirements regarding form as follows:

(i) Each Application must request the grant of only one Intellectual Property Certificate, the type of Intellectual Property Certificate requested must be appropriate for the subject matter of the industrial property mentioned in the Application;

(ii) All documents of the Application must be prepared in Vietnamese, except for documents that may be presented in another language as provided for in Point 5.3 below;

(iii) All documents of the Application must be presented vertically on one side of A4 white paper (210mm x 297mm), leaving margins of 20mm on each side, except for documents added to the Application for necessary supplementary or illustrative purposes, which may be presented differently due to their origin not being intended for inclusion in the Application;

(iv) If any document requires preparation according to a model, it is mandatory to use those models by filling in the appropriate spaces designated for that purpose;

(v) Each type of document must include the required number of copies; if a document consists of multiple pages, the page number must be clearly marked at the top center of each page using Arabic numerals;

(vi) Documents must be typed or printed in indelible ink, clearly and cleanly, without erasures or corrections.

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

(i) Power of Attorney (if any);

(ii) Documents confirming the right to submit a legitimate application if the applicant enjoys the right to submit an application from another person (Inheritance Certificate, Certification or Agreement transferring the right to submit an application, including transfer of a filed Application; Contract for assignment of work or Employment Contract...);

(iii) Priority Right Transfer Document (if the Application claims priority rights and such rights are enjoyed from another person);

(iv) Documents related to proving the basis for enjoying priority rights (first application, exhibition certification...);

(v) Original or certified copies of documents that the applicant includes in the Application to supplement the Application.

6. Requirements for Patent/GUI Applications

In addition to the general requirements set forth in Point 5 of this Circular, patent/GUI applications must also comply with the requirements specified herein.

6.1. The Application must include the following documents:

(i) A patent/GUI application form, prepared according to the model issued by the National Office of Intellectual Property, comprising three copies;

(ii) Description of the invention/GUI (hereinafter referred to as the Description), comprising three copies;

(iii) Claims for protection, comprising three copies;

(iv) Drawings, diagrams, calculations... (if necessary) to further clarify the technical solution described in the Description, comprising three copies;

(v) Summary of the invention/GUI, comprising three copies;

(vi) Documents confirming the right to submit a legitimate application if the applicant enjoys the right to submit an application from another person (Inheritance Certificate, Certification or Agreement transferring the right to submit an application; Contract for assignment of work or Employment Contract...), comprising one copy;

(vii) Power of Attorney (if necessary), comprising one copy;

(viii) Copy of the first application or exhibition certification document if the Application claims priority rights under international agreements, comprising one copy;

(ix) Receipts for filing fees and publication fees, comprising one copy.

6.2. The documents listed in Point 6.1 above must be submitted simultaneously. However, the following documents may be submitted within three months from the date of filing the Application:

(i) Vietnamese version of documents 6.1 (ii), 6.1 (iii), and 6.1 (v), if the Application already contains an English/French/Russian version of these documents;

(ii) Original of document 6.1 (vii) if the Application already contains a copy;

(iii) Document 6.1 (viii), including a Vietnamese translation.

6.3. The Description must fully disclose the essence of the technical solution to be protected. The Description must contain sufficient information so that anyone with average skill in the relevant technical field can implement the solution based on that information.

The description must clearly demonstrate the novelty, level of inventiveness (if the object to be protected is an invention) and the applicability of the technical solution to be protected.

The description must include the following contents:

(i) International patent classification number (according to the Strasbourg Agreement),

(ii) Name of the technical solution,

(iii) Field in which the technical solution is used or related,

(iv) Technical state in that field at the time of filing (known technical solutions), (v) Nature of the technical solution,

(vi) Brief description of accompanying drawings (if any),

(vii) Example of implementing the technical solution,

(viii) Possible benefits that can be achieved (effectiveness of the technical solution).

6.4. The claim for protection aims to define the scope (volume) of protection for the invention/useful model. The claim for protection must be presented concisely, clearly, and consistent with the description and drawings, wherein it must clarify the new features of the technical solution to be protected.

6.5. A summary of the invention/useful model to briefly disclose the nature of the invention/useful model for publication. The summary must reveal the main contents about the nature of the technical solution for informational purposes.

6.6. Requirements regarding the form and content of the Description, Drawings, Claim for Protection, Summary of the Invention/Useful Model, and other documents of the Patent Application/Useful Model Application shall be prescribed by the National Office of Intellectual Property.

7. Requirements for Industrial Design Applications

In addition to the general requirements stipulated in Article 5 of this Circular, the Industrial Design Application must meet the requirements specified herein.

7.1. The application must include the following documents:

(i) Form requesting grant of industrial design rights, prepared according to the model issued by the National Office of Intellectual Property, comprising three copies;

(ii) Description of the industrial design, comprising three copies;

(iii) Set of photographs or drawings of the industrial design, comprising six sets; (iv) Documentation confirming the legal right to file the application if the applicant enjoys the filing right of another person (Certificate of inheritance rights; Certificate or Agreement on transfer of filing rights; Contract for work or Employment contract), comprising one copy;

(v) Documentation confirming ownership of trademarks if the industrial design contains a trademark, comprising one copy;

(vi) Power of attorney (if necessary);

(vii) Copy of the first application or exhibition certification document if the application claims priority under an international agreement, comprising one copy;

(viii) Receipts for application fees and publication fees, comprising one copy.

7.2. The documents mentioned in Article 7.1 above must be submitted simultaneously. However, the following documents may be submitted within three months from the date of filing the application:

(i) Vietnamese version of document 7.1 (ii), if the application already includes an English/French/Russian version of that document;

(ii) Document 7.1 (v);

(iii) Original of document 7.1 (vi), if the application already includes a copy;

(iv) Document 7.1 (vii), including a translation into Vietnamese.

7.3. The description of the industrial design must fully and clearly present the nature of the industrial design and must be consistent with the set of photographs or drawings and include the following contents:

(i) Name of the industrial design,

(ii) International classification number for industrial designs (according to the Locarno Agreement),

(iii) Field of use of the product bearing the industrial design,

(iv) Known similar industrial designs,

(v) Listing of photographs or drawings,

(vi) Nature of the industrial design, wherein the basic styling characteristics of the industrial design to be protected that differ from known similar industrial designs must be clearly stated.

7.4. The set of photographs or drawings must fully reflect the nature of the industrial design as described to determine the scope (volume) of protection for the industrial design.

Photographs/drawings must be clear and sharp, without mixing products with the product bearing the industrial design to be protected.

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

7.5. Requirements for the Description and Set of Photographs/Drawings of Industrial Designs shall be prescribed by the National Office of Intellectual Property.

8. Requirements for Trademark Applications

In addition to the general requirements stipulated in Article 5 of this Circular, trademark applications must meet the requirements set forth herein.

8.1 The application must include the following documents:

(i) Form requesting grant of trademark registration certificate, attached with the trademark sample, prepared according to the model issued by the National Office of Intellectual Property, comprising three copies;

(ii) Rules for using the trademark if the trademark to be protected is a collective trademark, comprising one copy;

(iii) Sample of the trademark, comprising fifteen copies;

(iv) Copy of documentation confirming legal business rights (Business license or Business registration certificate, etc.), comprising one copy;

(v) Documentation confirming the legal right to file the application if the applicant enjoys the filing right of another person (Inheritance certificate, Certificate or Agreement on transfer of filing rights, including the filed application; Contract for work or Employment contract, etc.), comprising one copy;

(vi) Power of attorney (if necessary);

(vii) Copy of the first application or Exhibition certification document if the application claims priority under an international agreement, comprising one copy;

(viii) Documentation confirming origin, awards, medals, if the trademark contains such information, comprising one copy;

(ix) Permit from the competent authority, if the trademark uses symbols, specific names... as prescribed in point g clause 2 Article 6 of the Decree, comprising one copy;

(x) Receipts for application fees, comprising one copy.

8.2. The above documents must be submitted simultaneously. However, the following documents may be submitted within three months from the date of filing the application:

(i) Original of document 8.1 (vi), if the application already includes a copy;

(ii) Document 8.1 (vii), including a translation into Vietnamese.

8.3. The trademark description section in the form must clearly explain the distinguishing capacity of the trademark, wherein each constituent element of the trademark and the overall meaning of the trademark must be clearly indicated. If the trademark contains non-Vietnamese words, the pronunciation (transliteration into Vietnamese) must be clearly stated, and if the words have meanings, they must be translated into Vietnamese.

If the characters or terms required for protection are presented in a graphic form as distinguishing elements of the trademark, the graphic form of such characters or terms must be described.

If the trademark contains numerals that are not Arabic or Roman numerals, they must be translated into Arabic numerals.

If the trademark consists of separate parts but is used simultaneously on a single product, the position of each part of the trademark on the product or packaging must be clearly indicated.

8.4. The list of products and services bearing the trademark in the Application Form must correspond to or be of the same type as those permitted for business operations as stated in the Business Registration Certificate or Business License, and must be classified according to the International Classification of Goods and Services (as per the Nice Agreement).

8.5. The trademark samples included in the Application Form, as well as other samples, must be clearly presented with dimensions not exceeding 80mm x 80mm, and the distance between the closest points must not be less than 15mm.

If color protection is requested, the trademark sample must be presented in the colors required for protection.

If color protection is not requested, all trademark samples must be presented in black and white.

9. Requirements for the Application for Geographical Indication.

In addition to the general requirements stipulated in Point 5 of this Circular, the Application for Geographical Indication must meet the requirements set out herein.

9.1. The Application must include the following documents:

(i) An Application Form requesting issuance of a Certificate of Right to Use a Geographical Indication, prepared according to the model issued by the National Office of Intellectual Property, in three copies;

(ii) A copy of the document confirming lawful business rights (Business License, Business Registration Certificate, etc.), in one copy;

(iii) A description of the unique quality characteristics of the product bearing the geographical indication, including confirmation from the competent state authority, in one copy;

(iv) Confirmation from the competent authority that the product produced or traded by the applicant has unique characteristics and quality and is manufactured in the corresponding geographical area (consistent with the description in document (iii)), in one copy;

(v) A copy of the Intellectual Property Protection Certificate for the geographical indication issued by the country of origin, or a document from the country of origin confirming the applicant's right to use the protected geographical indication in the country of origin (if the geographical indication originates from abroad), in one copy;

(vi) A map describing the scope of the geographical area corresponding to the geographical indication, including indications of the production and trading locations of the applicant, in one copy;

(vii) Power of Attorney (if necessary), in one copy;

(viii) Proof of payment of the application fee, in one copy.

If the applicant only requests issuance of a Certificate of Right to Use a Geographical Indication for a geographical indication already registered previously, documents (iii) and (vi) need not be included in the Application. If the geographical indication originates from abroad, documents (ii), (iii), and (vi) need not be included in the Application.

9.2. All documents must be submitted simultaneously. However, the original of document 9.1(vii) may be submitted within three months from the date of filing if a copy is included in the Application.

9.3. The competent authority that confirms the unique nature of the product bearing the geographical indication and confirms that the product produced by the applicant possesses such unique characteristics is the central or local quality management agency where the geographical indication is located.

10. Submission of the Application

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

11. Acceptance of the Application

11.1. Upon receipt of the Application, the National Office of Intellectual Property shall perform the following tasks:

(i) Verify the list of documents recorded in the Application Form;

(ii) Stamp the date of receipt of the Application and the Application Form;

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

(iv) Conduct a preliminary review of the Application to determine whether it should be accepted according to Point 11.2 below;

(v) Send the applicant an Application Form stamped with the date of receipt, application number, and noting the result of the document list verification, signed and dated by the officer receiving the Application (this Application Form replaces the Receipt of Application).

11.2. The National Office of Intellectual Property will not accept the Application if it finds any of the following deficiencies:

(i) The Application is missing one of the following mandatory documents: Application Form, which must include the trademark sample and list of goods/services (for Trademark Applications), name of geographical indication and type of goods (for Geographical Indication Applications), Description of Invention/Utility Solution, Request for Protection (for Invention/Utility Solution Applications), Description of Industrial Design and photographs/drawings of the industrial design (for Industrial Design Applications), Power of Attorney (if required), proof of payment of fees;

(ii) The form of protection (type of Intellectual Property Certificate requested) does not match the subject matter of intellectual property stated in the Application;

(iii) The Application Form lacks a signature or has been heavily altered or erased.

11.3. If the Application is not accepted, the National Office of Intellectual Property must notify the applicant of the reasons for non-acceptance. For Applications submitted by mail, the National Office of Intellectual Property must provide written notification within fifteen days from the date of receipt; the National Office of Intellectual Property is not required to return the Application documents to the applicant, but must refund the application fee for the non-accepted Application after deducting the costs of returning the money.

12. Processing of Accepted Applications

After acceptance, the Application is processed as follows:

A set of necessary documents is separated to retain the initial state of the Application (called the "Application File");

The remaining documents are combined into a set of documents for examination according to the provisions of this Circular.

13. Formal Examination

13.1. After processing according to Point 12 of this Circular, the Application is examined formally according to the provisions of this point.

13.2. The Application is considered invalid if it has any of the following deficiencies:

(i) The application is made in a language other than Vietnamese, except in cases provided for in point 5.3 of this Circular;

(ii) In the Application Form, there is insufficient information about the inventor (for inventions, utility models, industrial designs), about the applicant, the applicant has not signed, or the signature has not been confirmed, the information about the representative has been erased;

(iii) There is a basis to assert that the applicant does not have the right to file the application;

(iv) The application was filed contrary to the provisions of Article 15 of the Decree;

(v) The Description, Summary, Claim for protection of invention, utility model, Description of design is in English/French/Russian and the applicant has not supplemented the Vietnamese version within the time limit prescribed in points 6.2 and 7.2 of this Circular;

(vi) The power of attorney is only a copy and has not supplemented the original within the time limit prescribed in points 6.2, 7.2, 8.2, and 9.2 of this Circular;

(vii) The application still has deficiencies listed in point 13.3 below affecting the validity of the application, and although the applicant has been requested by the National Office of Intellectual Property to correct them, the applicant has not corrected them or the corrections do not meet the requirements;

(viii) The subject matter mentioned in the application is a subject matter not protected by the State according to the provisions of Clause 4 Article 4, Clause 3 Article 5, Clause 2 Article 6, and Clause 2 Article 7 of the Decree;

13.3. Handling deficiencies in the Application during the formal examination stage;

If the Application has the following deficiencies, the National Office of Intellectual Property will notify the applicant and within two months from the date of notification, the applicant must correct those deficiencies;

(i) Insufficient quantity of one of the required documents;

(ii) The application does not satisfy the requirement of consistency;

(iii) The application does not meet the requirements for presentation format;

(iv) The trademark application does not clearly state the type of trademark being registered, lacks a description of the trademark, the product list is not grouped or incorrectly grouped;

(v) Information about the applicant in various documents is inconsistent with each other or has been erased;

(vi) The application fee has not been fully paid;

13.4. The applicant may proactively amend and supplement the documents in the Application but shall not expand the scope (volume) of protection and shall not change the nature of the intellectual property object stated in the Application and must pay the prescribed fee. If the correction expands the scope (volume) of protection or changes the nature of the object, the applicant must file a new application and all procedures will be restarted from the beginning;

13.5. Determining the valid filing date;

The valid filing date is determined as follows;

(i) For Applications without the deficiencies specified in point 13.2 above, the valid filing date is the date recorded on the Receipt Stamp on the Application Form when the Application arrives at the National Office of Intellectual Property;

(ii) For Applications with the deficiencies specified in point 13.3 above, and those deficiencies have been corrected within the corresponding time limit, the valid filing date is the date recorded on the Receipt Stamp when the Application arrives at the National Office of Intellectual Property. If the deficiencies are corrected later than the time limit, the valid filing date is the date when the deficiencies are corrected to make the Application valid;

13.6. Determining the priority date;

The priority date of the Application is determined as follows;

If the Application does not claim priority rights, the priority date is the valid filing date;

If the Application claims priority rights, the priority date is the date stated in such claim and approved by the National Office of Intellectual Property;

13.7. The result of the formal examination of the Application is notified to the applicant by the National Office of Intellectual Property as follows;

(i) If the Application is considered valid, the National Office of Intellectual Property sends the applicant a Notice of Acceptance of the Application, which clearly states the name and address of the applicant; the name of the Intellectual Property Service Representative Organization (if the Application is submitted through such Organization); the name of the subject matter stated in the Application, the valid filing date, the priority date; the application number; remaining deficiencies that the applicant must continue to correct and the deadline for correcting those deficiencies. If the applicant fails to correct them beyond this deadline, the Application will not be further examined;

(ii) If the Application is considered invalid, the National Office of Intellectual Property sends the applicant a Notice of Refusal to Accept the Application, which must clearly state the name and address of the applicant, the name of the Intellectual Property Service Representative Organization (if the Application is submitted through such Organization); the date the Application arrived at the National Office of Intellectual Property, the name of the subject matter stated in the Application; the reason for refusing to accept the Application (the reason why the Application is considered invalid);

(iii) If the Application still has deficiencies listed in point 13.3 above, the National Office of Intellectual Property sends the applicant a Notice of the Result of Formal Examination of the Application, which clearly states the name and address of the applicant, the name of the Intellectual Property Representative Organization (if the Application is submitted through such organization), the date the Application arrived at the National Office of Intellectual Property; the name of the subject matter stated in the Application, deficiencies that need to be corrected and the deadline set for the applicant to correct the deficiencies;

13.8. The period for formal examination is three months from the date recorded on the Receipt Stamp when the Application arrives at the National Office of Intellectual Property; for Applications with late-submitted documents as provided for in points 6.2, 7.2, 8.2, and 9.2, the formal examination period is three months from the date all such documents are supplemented. Before the end of the said period, the National Office of Intellectual Property must complete the formal examination and notify the applicant as provided for in point 13.7 above;

14. Publication of Valid Applications;

14.1. All accepted valid Applications for inventions, utility models, and industrial designs are published by the National Office of Intellectual Property in the Official Gazette of Intellectual Property according to the following deadlines;

a. Applications for inventions and utility models are published in the nineteenth month from the priority date, except in the cases provided for in points b), c), and d) below;

b. In cases where an early publication request is made, the Application will be published within one month from the date the National Office of Intellectual Property receives the early publication request or according to a later deadline stated in the request;

c. For Applications for inventions and utility models, if a request for substantive examination is submitted before these Applications are accepted as valid, the Applications will be published within one month from the date they are accepted as valid.

d. As for Patent Applications and Utility Solution Applications, if there is a request for substantive examination submitted after these applications are accepted but before the end of the 18-month period from the priority date, the application will be published within one month from the date the Intellectual Property Office receives the request for substantive examination.

e. International Applications and Design Applications will be published in the second month from the date of acceptance of the application, except in the case provided for in point b) above.

14.2. The information related to accepted applications published in the Official Gazette includes: all information about the accepted application recorded in the Acceptance Notice, excluding information on deficiencies that still need to be corrected; Summary of the invention or utility solution with accompanying drawings if necessary; one or some drawings, photographs of the design.

14.3. Anyone can access more detailed information about the nature of the subject matter stated in the application published in the Official Gazette of Intellectual Property, or request the Intellectual Property Office to provide such information, and the person requesting the provision of information must pay the information provision fee as prescribed.

15. Request for Substantive Examination of Inventions and Utility Solutions.

15.1. Within 42 months from the priority date of the Patent Application, 36 months from the priority date of the Utility Solution Application, the applicant or any third party may request the Intellectual Property Office to conduct a substantive examination of the corresponding invention or utility solution.

The person requesting the substantive examination of the invention or utility solution must pay the prescribed fee.

15.2. A request for substantive examination of the invention or utility solution must be made within one month from the date of receipt of the request for substantive examination after the publication of the application in the Official Gazette of Intellectual Property, and must notify the applicant.

Requests for substantive examination of inventions or utility solutions submitted before the publication of the application shall be published together with the corresponding application as stipulated in point 14.1c), d) of this Circular.

15.3. Except in cases where the request for substantive examination is recorded in the Application Form by the applicant, the request for substantive examination of the invention or utility solution must be in writing, specifying the name and address of the requester; the application number and filing date of the patent application or utility solution application requiring substantive examination; the name and address of the applicant, the name of the invention or utility solution, and must be accompanied by a receipt or proof of payment of the examination request fee.

16. Substantive Examination of Applications

16.1. The Intellectual Property Office conducts the substantive examination of applications according to the provisions of this point for:

(i) All Trademark, Design, and Geographical Indication Applications that have been accepted and the applicant has paid the substantive examination fee as prescribed,

(ii) All International Registration Applications, and

(iii) Patent and Utility Solution Applications, including international applications, which have been accepted and have had a request for substantive examination submitted to the Intellectual Property Office within the time limit specified in point 15 of this Circular.

16.2. The purpose of the substantive examination of applications is to evaluate the eligibility for protection of the subject matter in the application according to the protection standards, and to determine the scope (volume) of protection accordingly.

16.3. During the substantive examination period, the Intellectual Property Office must send a Notification of the Result of Substantive Examination to the applicant and the person requesting the substantive examination as follows:

a. If the industrial property object does not meet the protection criteria, the Notification of the Result of Substantive Examination must clearly state the reasons for refusing to grant the protection certificate and set a two-month deadline from the notification date for the applicant to comment;

b. If the industrial property object meets the protection criteria but the scope (volume) of protection must be narrowed or the application has deficiencies, the Notification of the Result of Substantive Examination must clearly state this and set a two-month deadline from the notification date for the applicant to comment or correct deficiencies;

c. If the object meets the protection criteria, including the case provided for in point b) above, the Notification of the Result of Substantive Examination should require the applicant to pay the publication fee for the protection certificate, the registration fee, and the issuance fee for the protection certificate, and the first year maintenance fee (for patents and utility solutions).

16.4. During the substantive examination period, the applicant may proactively amend and supplement the documents in the application and must pay the prescribed fee.

The Intellectual Property Office has the right to require the applicant to amend and supplement the documents within a specified period. If the applicant does not comply with the amendment and supplementation requirements of the Intellectual Property Office without a valid reason, the application will be deemed withdrawn.

Amendments and supplements must not change the nature of the subject matter, nor extend the scope (volume) of protection already stated in the application.

16.5. The substantive examination period for applications is (i) 18 months for Patent Applications, 9 months for Utility Solution Applications from the date of receipt of the Request for Substantive Examination, if the Request is submitted after the publication of the application or from the publication date if the Request for Substantive Examination is submitted before the publication of the application; (ii) 9 months for Design Applications and Trademark Applications from the date of issuance of the Acceptance Notice; (iii) 6 months for Geographical Indication Applications from the date of issuance of the Acceptance Notice.

If during the substantive examination period, the applicant proactively or at the request of the Intellectual Property Office makes corrections and supplements to the documents, the substantive examination period may be extended by the time required for the purpose of making corrections and supplements to the documents.

Before the end of the substantive examination period, the Intellectual Property Office must issue a Notification of the Result of Substantive Examination to the applicant and the person requesting the examination as stipulated in point 16.3 above.

Chapter III
TRANSFER OF INDUSTRIAL PROPERTY RIGHTS

17. Contract for Transfer of Industrial Property Rights

17.1. A contract for the transfer of industrial property rights is a contract for the transfer of ownership rights over an industrial property object or a contract for the transfer of usage rights over an industrial property object.

17.2. A patent ownership transfer contract, utility model solution ownership transfer contract, industrial design ownership transfer contract, or trademark ownership transfer contract must include the following main contents:

The full name and complete address of the transferring party and the receiving party;

Basis for transfer (the protection certificate already issued to the transferring party or transferred to the transferring party);

Object of transfer (which is the entire ownership right over the entire protected volume of the industrial property object or over a part of the protected volume of the trademark - a portion within the list of goods and services);

Transfer price;

Rights and obligations of each party, including corresponding obligations that do not contravene the provisions of Article 40 of the Decree;

Conditions for amending, terminating, or rendering the contract void;

Method for handling complaints and disputes;

Date and place of signing;

Signature of the parties or of their authorized representatives, accompanied by the signatory's full name and position, and confirmation of the signature.

17.3. A patent license contract, utility model solution license contract, industrial design license contract, or trademark license contract ("License Contract") must include the following contents:

The full name and complete address of the licensing party and the licensee;

Basis for granting the license (the protection certificate already issued to the licensing party; or the exclusive License Contract);

Scope of the license, which includes:

Type of license (exclusive/non-exclusive);

Object of the license, defined by the limits of the usage rights (pertaining to the protected usage acts) and the limits of the industrial property object (pertaining to the protected volume of the industrial property object);

Territorial limit (pertaining to the territory of Vietnam);

Term (pertaining to the protection term of the industrial property object).

For sub-licenses, the scope of the license must be within the scope of the sub-level exclusive License Contract;

License fee;

Rights and obligations of each party, including corresponding obligations that do not contravene the provisions of Article 40 of the Decree;

Conditions for amending, terminating, or rendering the contract void;

Method for handling complaints and disputes;

Date and place of signing;

Signature of the parties or of their authorized representatives, accompanied by the signatory's full name and position, and confirmation of the signature.

17.4. A License Contract shall not contain unreasonable restrictive clauses on the rights of the licensee, especially those clauses that restrict rights not arising from the licensing party's rights over the corresponding industrial property object or not aimed at protecting such rights, such as:

Clauses directly or indirectly restricting the export of products manufactured under the license to regions where the licensing party is not the owner of the corresponding industrial property rights or does not have the exclusive import rights for the corresponding industrial property object;

Clauses obligating the trademark licensee to purchase all or a certain proportion of raw materials, components, or equipment from the licensing party or from persons designated by the licensing party without the aim of ensuring the quality of goods produced by the licensee;

Clauses prohibiting the licensee from improving the industrial property object (except trademarks), requiring the licensee to freely transfer to the licensing party any improvements created by the licensee or the right to file applications for the protection of industrial property rights, industrial property rights over such improvements.

Article prohibiting the Licensee from contesting the validity of industrial property rights or the license transfer rights of the Licensor.

17.5. If the transfer of industrial property rights is part of another Contract, the content regarding the transfer of industrial property rights must be established as a separate section from the remaining parts of the Contract and must comply with the provisions set forth in this point.

18. Contracts for transferring industrial property rights must be approved and registered.

18.1. Pursuant to Clause 5 of Article 38 and Clause 5 of Article 62 of the Decree, all Contracts for transferring ownership or transferring usage rights of industrial property objects falling under the following cases must be approved by the Minister of Science and Technology and Environment before proceeding with the registration procedures for the Contract according to Article 42 of the Decree and Point 20 of the Circular:

(i) One of the parties involved (the Transferor or the Transferee) is a State organization or has joint venture capital from the State, while the other party is an individual or organization not belonging to the State;

(ii) The Transferor is an individual, legal entity, or other subject of Vietnam and the Transferee is an individual or foreign organization.

18.2. All Contracts for transferring ownership or transferring usage rights of industrial property objects, including those that have undergone approval procedures, must be registered according to Article 42 of the Decree and Point 20 of the Circular.

19. Approval procedure for Contracts for transferring industrial property rights

19.1. The approval application file (hereinafter referred to as the Approval Application File) includes the following documents:

(i) An application form for approval of the Contract for transferring industrial property rights, prepared according to the model issued by the National Office of Intellectual Property, comprising three copies, where the applicant must be a State organization or an organization with joint venture capital from the State if the Contract falls under Case 18.1 (i); or the Vietnamese Party if the Contract falls under Case 18.1 (ii);

(ii) Two original copies or two certified copies of the Contract, including any Appendices (if any); if the Contract is drafted in a language other than Vietnamese, it must be accompanied by a Vietnamese translation;

(iii) Original Certificate of Protection (for cases of transferring ownership of industrial property objects), or a copy of the corresponding Certificate of Protection (for cases of transferring usage rights of industrial property objects); if the Contract requiring approval is a secondary Contract, it must be accompanied by a copy of the Registration Certificate for the Exclusive Secondary License Agreement;

(iv) Written consent of the co-owners on the transfer of rights if the relevant industrial property right is jointly owned; or if such agreement cannot be reached, a statement explaining the reasons for the disagreement of the remaining co-owners;

(v) Business license of the Transferee in cases of transferring ownership or transferring usage rights of trademarks;

(vi) Proof of payment of the approval fee;

(vii) Power of Attorney (if required).

19.2. The Approval Application File shall be submitted to the National Office of Intellectual Property according to the submission rules for Applications as stipulated in Point 10 of the Circular.

The deadline for submitting the Approval Application File is 60 days from the date of signing the Contract. This period may be extended if the applicant can prove that the delay is justified.

19.3. The National Office of Intellectual Property is responsible for receiving the Approval Application File according to the receipt rules for Applications as stipulated in Point 11 of the Circular, with appropriate modifications, wherein the types of documents listed in Point 11.2(i) are: Application Form; Contract for transferring industrial property rights; Proof of payment and Power of Attorney.

19.4. The National Office of Intellectual Property is responsible for examining the Approval Application File within two months from the date of receipt of the file, according to the following provisions:

a. In case the Approval Application File is valid and the Contract content complies with the regulations, the National Office of Intellectual Property will report the examination results of the Approval Application File and propose the Minister of Science and Technology and Environment to issue a Decision approving the Contract within fifteen days from the date of receipt of the National Office of Intellectual Property's report.

b. In case the file contains deficiencies that can be corrected (except for the cases specified in paragraph c below), the National Office of Intellectual Property will notify the applicant to correct these deficiencies within a suitable period.

The time given to the applicant to correct deficiencies in the Approval Application File does not count towards the examination period.

c. In case the Approval Application File is invalid due to the following reasons, the National Office of Intellectual Property will propose the Minister of Science and Technology and Environment to reject the approval of the Contract for transferring industrial property rights:

(i) The applicant fails to correct deficiencies within the period notified by the National Office of Intellectual Property;

(ii) The applicant is not the person prescribed in Point 19.1(i) above;

(iii) The Transferor is not the owner of the Certificate of Protection (for cases of transferring ownership of industrial property objects); or is neither the owner of the Certificate of Protection nor the exclusive licensee authorized to transfer secondary licenses for the corresponding industrial property object (for cases of transferring usage rights of industrial property objects);

(iv) The Transferee does not have a business license for goods/services corresponding to the Trademark Registration Certificate (in cases of transferring ownership of industrial property rights for trademarks);

(v) The relevant industrial property right is no longer within its protection term; or the industrial property object is currently in dispute;

(vi) There is evidence indicating that the transfer will infringe upon the industrial property rights of a third party;

(vii) The Contract contains provisions inconsistent with the conditions restricting transfers, or lacks mandatory contents as prescribed in Articles 38 of the Decree and Points 17.2, 17.3, 17.4 of the Circular;

(viii) The Contract does not contain a price clause or the transfer price is outside the minimum and maximum limits prescribed;

(ix) The Contract does not have signatures from both the Transferor and the Transferee, and/or the signatures are not legally authenticated;

(x) The signatories do not have authority to sign.

19.5. Prior to proposing to refuse approval of the Contract, the National Office of Intellectual Property shall notify the results of examining the Approval File, the intention to refuse, the reasons for refusal, and set a suitable period for the applicant to provide comments. If, after the prescribed period, the applicant does not object or if objections raised are not valid, the National Office of Intellectual Property shall formally propose to the Minister of Science and Technology and Environment to refuse approval of the Contract.

20. Registration procedures for intellectual property rights assignment Contracts

20.1. The application file for registering the Contract (hereinafter referred to as the Registration File) must include the following documents:

(i) A registration application form for the intellectual property rights assignment Contract, prepared according to the model issued by the National Office of Intellectual Property, in two copies;

(ii) Two original or two certified copies of the Assignment Contract, including any Annexes (if any); if the Contract is in a language other than Vietnamese, it must be accompanied by a Vietnamese translation of the Contract;

(iii) Original Certificate of Protection (for cases involving the transfer of ownership of intellectual property objects); or a copy of the corresponding Certificate of Protection (for cases involving the transfer of usage rights of intellectual property objects), if the Contract to be registered is a secondary license agreement, then a certificate of registration of the primary exclusive license agreement must also be attached;

(iv) Written consent from all joint owners regarding the transfer of rights if the relevant intellectual property right is jointly owned; or if such agreement cannot be reached, a statement explaining the reasons for the disagreement of the remaining joint owners must be provided;

(v) Business license of the Transferee in cases of transferring ownership or transferring usage rights of trademarks;

(vi) Decision approving the Contract by the Minister of Science and Technology and Environment (for cases where the Contract is required to be approved);

(vii) Proof of payment of the registration fee for the Contract;

(viii) Power of Attorney (if necessary);

In cases where both approval and registration procedures need to be carried out, documents submitted in the Approval File will simultaneously be considered part of the Registration File.

20.2. The Registration File is submitted and accepted according to the regulations applicable to the Approval File (as stipulated in Points 19.2 and 19.3 of this Circular).

20.3. The National Office of Intellectual Property is responsible for examining the Registration File within two months from the date of receipt of the File, except for Contracts that have already been approved, in which case the time limit is fifteen days.

a. In cases where the Registration File is valid, and the contents of the Contract comply with the provisions, the National Office of Intellectual Property issues a Decision granting a Certificate of Registration for the Assignment Contract of intellectual property objects, and the Certificate of Protection in cases of transferring trademarks for a portion of the Product and Service List; or a Certificate of Registration for the License Contract, and implements the following procedures:

(i) Record in the National Register of Intellectual Property Rights and the Register of Intellectual Property Objects Assignment Contracts or the License Contract Register, as appropriate;

(ii) Record in the Certificate of Protection (for cases of transferring ownership of intellectual property objects) and issue the Certificate of Protection to the transferee of trademark rights for a portion of the Product and Service List;

(iii) Stamp the Registration on two copies of the Contract and hand over one copy to the applicant, retain one copy;

(iv) Issue the applicant a Certificate of Registration for the Assignment Contract of intellectual property objects or a Certificate of Registration for the License Contract;

(v) Publish the Decision granting the Certificate of Registration in the Official Gazette of Intellectual Property.

b. In cases where the File has deficiencies that can be corrected (except for the cases specified in paragraph c below), the National Office of Intellectual Property shall notify the applicant and request them to correct the deficiencies within a suitable period.

The time allowed for the applicant to correct deficiencies in the File is not included in the examination period for the File as prescribed.

c. In cases where the Registration File is invalid due to the following reasons, the National Office of Intellectual Property shall refuse to register the Contract:

(i) The applicant fails to correct deficiencies within the period set by the National Office of Intellectual Property or the corrections made are inadequate;

(ii) The applicant is neither the Assignor nor the Assignee of the Assignment Contract nor an authorized Industrial Property Representative;

(iii) The Assignor is not the owner of the Certificate of Protection (for cases of transferring ownership of intellectual property objects); or is not the owner of the Certificate of Protection and is not the licensee granted the right to assign a secondary license for the corresponding intellectual property object (for cases of transferring licenses);

(iv) The Assignee does not have a business license for the type of goods/services corresponding to the Trademark Registration Certificate (in cases of transferring ownership of intellectual property rights for trademarks);

(v) The intellectual property right is no longer within its protection term; or is currently in dispute;

(vi) There is evidence indicating that the transfer of intellectual property rights would infringe upon the rights of a third party;

(vii) The Contract contains content that is inconsistent with the conditions restricting the transfer as stipulated in Article 38 of the Decree, or lacks mandatory content as stipulated in Points 17.2, 17.3, and 17.4 of this Circular;

(viii) The Contract does not contain full signatures of the Assignor and the Assignee and/or the signatures are not legally authenticated;

(ix) The signatories do not have authority to sign;

(x) There is no Decision approving the Contract (for cases where the Contract is required to be approved).

d) Before officially refusing to register the Contract, the National Office of Intellectual Property shall notify the results of examining the Registration File, the intention to refuse, the reasons for refusal, and set a suitable period for the applicant to provide comments. If, after the prescribed period, the applicant does not object or if objections raised are not valid, the National Office of Intellectual Property shall issue a notice refusing to register the intellectual property rights assignment Contract, specifying the reasons therein.

21. Examination of Applications for Non-Voluntary Licenses

21.1. The application file for a non-voluntary license includes the following documents:

(i) A non-voluntary license application form, made according to the model issued by the National Office of Intellectual Property;

(ii) Documents proving the special significance of the invention, utility solution, or industrial design to national security, defense, public health, and environmental protection, and documents proving that the owner of the intellectual property (or the person who has been fully transferred the right to use such objects) does not use the invention, utility solution, or industrial design without a legitimate reason or at a level insufficient to meet the needs of national security, defense, public health, and environmental protection;

(iii) Documents proving the capability to use the invention, utility solution, or industrial design by the applicant and reasonable conditions proposed by the applicant but not accepted by the owner of the intellectual property (or the person who has been fully transferred the right to use the object of intellectual property) without a legitimate reason;

(iv) Proof of payment of the fee for applying for a non-voluntary license;

(v) Power of attorney (if necessary);

21.2. The application file for a non-voluntary license shall be submitted to the National Office of Intellectual Property;

21.3. After receiving the application file for a non-voluntary license, the National Office of Intellectual Property will examine the file in accordance with Clause 5 of Article 51 of the Decree. The procedure for examining the application file for a non-voluntary license is similar to the procedure for approving the transfer contract of intellectual property rights (Point 19 of this Circular).

Chapter IV
INTERNATIONAL APPLICATIONS FOR INVENTIONS AND UTILITY SOLUTIONS
INTERNATIONAL APPLICATIONS FOR TRADEMARKS

22. Procedures before the National Office of Intellectual Property

The provisions on submitting Applications and conducting other related procedures before the National Office of Intellectual Property as stipulated in Clause 2 and 3 of Article 15 of the Decree and Point 3 of this Circular also apply to the procedures conducted before the National Office of Intellectual Property for international applications for inventions, utility solutions, and trademarks mentioned in this Chapter.

23. Processing International Applications for Inventions/Utility Solutions under the PCT Agreement

23.1 Receiving Authority

The authority responsible for receiving international applications in Vietnam is the National Office of Intellectual Property.

The National Office of Intellectual Property is responsible for:

(i) Receiving international applications originating from Vietnam;

(ii) Collecting fees and transferring corresponding fees to the International Bureau and the International Searching Authority as prescribed by the Agreement;

(iii) Checking whether the prescribed fees have been paid on time;

(iv) Examining and processing international applications originating from Vietnam in accordance with the Agreement;

(v) Determining the subject matter for protection: if the subject matter for protection of the Application falls within the scope of state secrets, then further proceedings will not be continued and the relevant fees will be refunded to the applicant except for the sending fee and the copy fee for the international application;

(vi) Sending one copy (the filing copy) of the international application originating from Vietnam to the International Bureau and one copy (the search copy) to the International Searching Authority;

(vii) Sending and receiving correspondence from the applicant and from international authorities.

23.2 Language

International applications originating from Vietnam submitted to the National Office of Intellectual Property must be in English or Russian. Each application must be made in three copies.

In case the number of copies is insufficient, the National Office of Intellectual Property will make additional copies as needed, and the applicant must pay the copying fee for the international application.

23.3 International Searching Authorities and International Preliminary Examination Authorities

For international applications originating from Vietnam, the competent International Searching Authorities and International Preliminary Examination Authorities are the patent offices of Australia, Austria, the Russian Federation, Sweden, and the European Patent Office.

23.4 International Applications Designating Vietnam

If the international application designates Vietnam, the National Office of Intellectual Property will be the designated office. In this case, to enter the National Phase, within twenty-one months from the priority date, the applicant must submit to the National Office of Intellectual Property:

(i) An application form for granting a patent for an invention/utility solution, made according to the model issued by the National Office of Intellectual Property, in three copies;

(ii) A copy of the international application, in three copies (in cases where the applicant requests entry into the National Phase before the international publication date);

(iii) A Vietnamese translation of the international application (including: Description, Claims (original filed; amendments and explanations under Article 19 of the PCT Agreement), Abstract, Figure Legends), in three copies;

(iv) National fees.

23.5 International Applications Electing Vietnam

If the international application elects Vietnam for preliminary examination, the National Office of Intellectual Property will be the elected office. In this case, and if the election of Vietnam is made within nineteen months from the priority date, to enter the National Phase, within thirty-one months from the priority date, the applicant must submit to the National Office of Intellectual Property:

(i) An application form for granting a patent for an invention/utility solution, made according to the model issued by the National Office of Intellectual Property, in three copies;

(ii) A Vietnamese translation of the international application (including: Description, Claims (original filed; amendments and explanations under Article 19 of the PCT Agreement), Abstract, Figure Legends), in three copies;

(iii) A Vietnamese translation of the Appendices of the International Preliminary Examination Report, in three copies;

(iv) National fees.

23.6 Priority Claim Documentation

To claim priority, the international applicant must submit to the International Bureau the necessary documents according to Rule 17.1(a) of the Implementing Regulations of the Agreement; and must submit to the National Office of Intellectual Property three Vietnamese translations of those documents within the deadlines specified in Points 23.4 and 23.5 above.

23.7 Amendments and Supplemental Documents in the National Phase

In accordance with Rule 51 bis of the Implementing Regulations of the PCT Agreement, the applicant must submit a power of attorney, assignment of the right to file the application in the international phase (if applicable)... within twenty-four months from the priority date for international applications designating Vietnam and thirty-four months for international applications electing Vietnam.

In accordance with Articles 28 and 41 of the PCT Agreement, during the National Phase, the applicant may amend and supplement the documents of the application in accordance with Point 16.4 of this Circular.

Any supplementary or amended documents submitted by the applicant to the National Office of Intellectual Property must be in Vietnamese and made in three copies.

23.8 Starting Date of the National Phase.

The period for processing an International Application designating Vietnam or choosing Vietnam at the National Phase shall commence from the first day of the twenty-second month from the priority date if Vietnam is designated, or from the first day of the thirty-second month from the priority date if Vietnam is chosen and such choice was made before the expiration of nineteen months from the priority date, unless the applicant requests entry into the National Phase earlier than the periods mentioned above.

23.9. Formal Examination of the International Application

The International Application shall be subject to formal examination and substantive examination according to the procedures prescribed for a National Application.

23.10. Withdrawal of the International Application

In addition to the cases deemed withdrawn under the PCT Agreement and its Implementing Regulations, where the national fee has not been paid to the National Office or there is no Vietnamese translation within the time limits specified in Points 23.4 and 23.5 above, the International Application designating Vietnam shall be deemed withdrawn.

23.11. Fees

An international applicant with Vietnamese origin must pay the fees in the amounts and according to the procedures stipulated in the Implementing Regulations of the PCT Agreement and the Joint Circular of the Ministry of Finance, Ministry of Science and Technology, and Ministry of Environment.

24. Filing and Submitting an International Trademark Registration Application Originating from Vietnam Abroad Under the Madrid Agreement

24.1. Any individual, legal entity, or other subjects have the right to file an International Trademark Registration Application under the Madrid Agreement provided that the trademark has been registered in Vietnam.

24.2. Application Form

The International Trademark Registration Application must be completed in French using the form provided free of charge by the National Office, by filling in the sections reserved for the applicant (except those reserved for the National Office and the International Bureau), and must be accompanied by samples of the trademark. The application should specify the member countries of the Madrid Agreement where the applicant wishes the trademark to be protected. The applicant must estimate the total fee payable to the International Bureau according to the fee schedule printed on the form. If the applicant is certain that the calculated fee is correct or after being notified accurately by the National Office of the amount of the fee to be paid, the applicant must pay that fee to the International Bureau. Additionally, the applicant must also pay the fee as prescribed to the National Office.

24.3. Receiving Authority

The International Trademark Registration Application shall be submitted to the International Bureau through the National Office.

The date on which the National Office receives the Application shall be considered the date of receipt at the International Bureau if the International Bureau receives it within two months from that date.

24.4. Sending the Application to the International Bureau

After the Application is submitted to the International Bureau, all transactions between the applicant and the International Bureau must be conducted through the National Office, including amendments to documents, limitations on the list of goods, and transfers of registered rights.

25. Processing of International Trademark Registration Applications Designating Vietnam

25.1. Upon receiving the Notification from the International Bureau regarding an International Trademark Registration Application designating Vietnam, the National Office will conduct a substantive examination of the Application as if it were a direct trademark application submitted to the National Office. Within twelve months from the date of the international registration of the trademark, the National Office must conclude on the registrability of the trademark. If the trademark lacks registrability or is partially refused, the National Office must notify the applicant via the International Bureau in writing within this period, stating the reasons for refusal.

If the National Office does not issue a refusal notice within this period, the trademark will be accepted for protection in Vietnam.

25.2. Within three months from the date the National Office sends the refusal notice, the applicant may appeal against the National Office's decision. The appeal procedure and resolution are governed as if the trademark application were directly submitted to the National Office. The result of the appeal resolution will be notified to the applicant and the International Bureau by the National Office.

25.3. A trademark accepted for protection in Vietnam under the Madrid Agreement will be published in the Industrial Property Gazette. The scope (volume) of protection will be confirmed according to the content of the trademark registration recorded by the World Intellectual Property Organization (WIPO) and confirmed by the National Office.

Chapter V

AMENDMENT OF PROTECTION DOCUMENTS; MAINTENANCE OF EFFECTIVENESS OF PATENT AND UTILITY MODEL PROTECTION DOCUMENTS; EXTENSION OF EFFECTIVENESS OF INDUSTRIAL DESIGN, TRADEMARK, AND ORIGIN NAME PROTECTION DOCUMENTS

26. Amendment of Protection Documents

26.1. The holder of a Protection Document has the obligation to notify the National Office in writing of any changes to their name or address.

26.2. The holder of a Protection Document has the right to request the National Office to narrow the scope (volume) of protection for industrial designs and trademarks by removing one or more design options of the industrial design, modifying some details of the trademark without fundamentally changing it; reducing the number of products listed in the product/service list in the trademark Protection Document.

26.3. To amend the contents mentioned above, the holder of a Protection Document must submit an amendment request to the National Office. The amendment request must be made according to the form prescribed by the National Office and must be accompanied by: (i) the original Protection Document; (ii) documentation confirming the change of the holder's name or address; (iii) two sets of photographs or drawings of the design options to be removed; (iv) ten samples of the modified trademark; (v) proof of payment for the amendment of the Protection Document; (vi) power of attorney if required.

26.4. The National Office will examine the amendment request within two months from the date of receipt. If the request is found to be valid and the amendment does not increase the scope (volume) of protection or alter the nature of the protected object, the National Office will proceed with amending the Protection Document, registering it, and publishing the changes in the Industrial Property Gazette. Otherwise, the National Office will notify the applicant of the refusal to amend, stating the reasons.

27. Maintenance of Effectiveness

In order to maintain the validity of the patent protection certificate, utility solution certificate, the holder of the certificate must pay the maintenance fee within six months before the expiration date of the validity period. The maintenance fee may be paid later than the prescribed deadline but not more than six months from the expiration date of the validity period, and the holder of the certificate must pay an additional 10% of the maintenance fee for each month of delay.

28. Extension of Validity

28.1. To obtain an extension, within six months before the patent protection certificate expires, the holder of the certificate must submit an application for extension to the National Office of Intellectual Property.

The application for extension may be submitted later than the prescribed deadline but not more than six months from the expiration date of the certificate, and the applicant must pay the extension fee plus an additional 10% of the extension fee for each month of delay.

28.2. The application for extending the validity of the patent protection certificate shall include the following documents:

(i) A form requesting an extension of the validity of the patent protection certificate, issued according to the model provided by the National Office of Intellectual Property, in two copies;

(ii) The original patent protection certificate;

(iii) Proof of payment of the extension fee;

(iv) Power of attorney (if necessary);

28.3. The National Office of Intellectual Property must examine the application for extension within two months from the date of receipt of the application. The National Office of Intellectual Property issues a decision on extension, records it in the patent protection certificate, registers it in the register, and publishes it in the Official Gazette of Intellectual Property if the application does not fall under any of the following cases:

The application for extension is not valid or was submitted in accordance with an incorrect procedure;

There is evidence that the owner of the trademark registration certificate or the geographical indication registration certificate has completely not used the trademark or geographical indication or has not continuously used them for five years immediately preceding the expiration date of the patent protection certificate without a legitimate reason;

The applicant for extension is not the owner of the trademark, geographical indication, or industrial design certificate.

If the application falls under any of the above cases, the National Office of Intellectual Property issues a notice rejecting the extension, clearly stating the reasons.

Chapter VI
PROCEDURE FOR GRANTING REPRESENTATIVE LICENSE

29. Application Documents for Granting Representative License.

29.1. The representative license is granted by the National Office of Intellectual Property based on the examination of the application documents for granting the representative license as stipulated in Points 29.2 and 29.3 below. The applicant for the representative license must pay the prescribed fee.

29.2. The application documents for granting the certification of an intellectual property service representation organization include:

An application for granting the certification of an intellectual property service representation organization, which includes a proposed list of representatives of the organization.

Copies of the charter of operation and business registration certificate;

Copies of the appointment decision for leadership positions in the organization or authorization documents signed by the head of the organization for one of the members listed in the proposed list;

A table of service fees for intellectual property representation of the organization after completing the registration procedures in accordance with regulations on fee management;

Proof of payment of the application fee for the representative license.

The application documents for granting the certification of an intellectual property service representation organization must be submitted together with the application documents for granting the representative identification card of individuals listed in the proposed list.

29.3. The application documents for granting the representative identification card include:

An application for granting the representative identification card, which includes confirmation of the permanent residence address of the applicant by the People's Committee of the commune, ward, or town;

Copies of the bachelor's degree diploma;

Copies of the graduation certificate of a regular training course on intellectual property; or a certificate confirming the time and work experience as stipulated in Clause 1 of Article 58 of the Decree;

Copies of the certificate of passing the current intellectual property law test in Vietnam issued by the National Office of Intellectual Property;

Copies of the employment decision of the intellectual property service representation organization;

Proof of payment of the application fee.

30. Examination of Application for Granting Representative License

Within one month from the date of receipt of the application for granting the representative license, the National Office of Intellectual Property must examine and decide to grant or refuse the representative license. If refused, the National Office of Intellectual Property must notify the applicant of the reasons. If accepted, and if the applicant has paid the representative license fee, the National Office of Intellectual Property must carry out the following procedures:

Issue the representative license;

Record the issuance of the representative license in the Register of Intellectual Property Representation;

Publish the issuance of the representative license in the Official Gazette of Intellectual Property.

Chapter VII
FINAL PROVISIONS

31. Complaints

If dissatisfied with the Decision related to the handling of the application, as well as the approval and registration of intellectual property rights transfer contracts, examination of applications for compulsory licensing, extension of protection certificates, and issuance of representative licenses, the applicant has the right to file a complaint or lawsuit according to the procedures and formalities stipulated in Clauses 2, 3, and 4 of Article 27 of the Decree.

32. Handling Applications Submitted from July 1, 1996 to the Effective Date of this Circular

Applications submitted from July 1, 1996 to the effective date of this Circular are permitted to use the forms of documents according to Circular No. 1134/SC dated October 17, 1991 of the Ministry of Science, Technology, and Environment guiding the implementation of Decree No. 84/HĐBT dated March 20, 1990 of the Council of Ministers, and will be processed according to this Circular. However, the processing time for these applications will be extended by the time from the date of submission of the application to the effective date of this Circular.

33. Forms of Documents and Regulations on Examination of Applications

The Director of the National Office of Intellectual Property is responsible for issuing necessary forms of documents related to applications and related to the approval and registration of intellectual property rights transfer contracts, and issuing regulations on examination of applications.

34. Implementation

This Circular replaces the following documents of the State Scientific and Technical Commission, the Ministry of Science, Technology, and Environment:

Chapters II, III, and IV of Circular No. 1134/SC dated October 17, 1991 guiding the implementation of Decree No. 84/HĐBT dated March 20, 1990 of the Council of Ministers,

Circular No. 437/SC dated March 19, 1993 guiding supplementary provisions on trademark registration,

Circular No. 163/TT-SHCN dated April 15, 1994 guiding the implementation of provisions on the approval and registration of licensing contracts.

Circular No. 238/TT-SHCN dated May 2, 1994 guiding the submission and processing of international applications for the protection of inventions/useful models under the Patent Cooperation Treaty in Vietnam,

Decision No. 199/QD dated December 21, 1992 promulgating regulations on representation of industrial property rights.

This Circular takes effect fifteen days from the date of signature./.