 
 RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/VNM/21/Rev.2 
23 April 2004 
 (04-1843) 
Working Party on the 
Accession of Viet Nam Original:   English 
 
 
 
ACCESSION OF VIET NAM 
 
Action Plan for the implementation of WTO Agreement  
on Trade-related Aspects of Intellectual Property Rights (TRIPS)  
 
Revision  
   The following revised Action Plan is being circ ulated at the request of the Delegation of the 
Socialist Republic of Viet Nam.  
  
 
_______________ 
 
  
   
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General obligations   
Compliance with Articles 1 
through 12 and Article 19 of the 
Paris Convention for the Protection of Industrial Property 
in respect of Parts II, III and IV of 
the TRIPS Agreement. Article 2. Paris Convention for the Protection of Industrial Property: 
Viet Nam has been a Member of the Paris Convention since 
8 March 1949. The prevailing laws and regulations of Viet Nam are 
consistent with this requirement of the TRIPS Agreement.  
Under Paris, Article1(2), 
industrial property has as its 
object patents, utility models, 
industrial designs, trademarks, service marks, trade names, 
indications of source or 
appellations of origin, and the repression of unfair competition. - Chapter II the sixth Part of the Civil Code (hereinafter referred 
to as Civil Code) and provisions of Decree No.  No. 63/CP of 
24 October 1996 of the Government on detailed regulations 
concerning industrial property as amended by Decree No.  No. 06/2001/NDCP of 1 February 2001 (hereinafter refereed to 
as Decree No.  No. 63/CP):  
 
Inventions, utility solutions (including utility model), industrial 
designs, trademarks (including service mark) and appellations 
of origin are protected. 
 
- Decree No.  No. 54/2000/ND-CP of 3 October 2000 of the 
Government on the protection of industrial property rights to 
trade secrets, geographical indications, trade names and the 
protection of rights against industrial property - related unfair competition (hereinafter referred to as Decree No.  
No. 54/2000/ND-CP): 
 Geographical indications (except appellations of origin), trade names and 
the right against unfair competition are protected 
 - Decree No.  No. 13/2001/ND-CP of 20 April 2001 on the new 
 plant variety protection: 
 New plant varieties are protected. The prevailing laws and regulati ons are consistent with this 
requirement of the TRIPS Agreement.  
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In Paris, Article 1(3), industrial 
property applies not only to 
industry and commerce proper, but to agricultural and extractive 
industries and to all manufactured 
or natural products, e.g., wines, grain, tobacco leaf, fruit, cattle, 
minerals, mineral waters, beer, 
flowers, and flour. Industrial property rights protected under the Civil Code and Decree No.  
No. 63/CP and Decree No.  No. 54/2000/ND-CP are applied to any 
industry and commerce in the broadest  sense, including agriculture and 
extractive, manufacture industries.  The prevailing laws and regulati ons are consistent with this 
requirement of the TRIPS Agreement. 
Under Paris, Article 2, nationals 
of Members are to enjoy in other 
Members the advantages that 
their respective laws grant to nationals, and shall have the same 
protection and the same legal 
remedy against any infringement of their rights if they conform to 
the conditions and formalities 
imposed the Member's nationals. Civil Code ( Section 837): 
Industrial property right of foreign natural and legal persons in regard of 
the industrial property objects in respect of which Protection Title has 
been granted by the State shall be prot ected under the law of the Socialist 
Republic of Viet Nam and the international conventions to which the 
Socialist Republic of Viet Nam is a party. 
 Decree No.  No. 63 /CP (Section 67.1a): 
The foreign natural and legal persons that are beneficiaries of the Paris 
Convention have the right to request protection for their industrial 
property right in Viet Nam and shall enjoy all such rights and be subject 
to all such obligations as Vietnamese entities. These provisions are consistent  with the TRIPS Agreement. 
Paris, Article 3, requires that 
nationals of non-Member 
countries domicile or that have 
"real and effective" industrial or commercial establishments in a 
Member country be treated as 
nationals of a Member country. Civil Code ( Section 837): 
Industrial property right of foreign natural and legal persons in regard of 
the industrial property objects in respect of which Protection Title has 
been granted by the State shall be prot ected under the law of the Socialist 
Republic of Viet Nam and the international conventions to which the 
Socialist Republic of Viet Nam is a party. 
 Decree No.  No. 63 /CP (Section 67.1a): 
The foreign natural and legal persons that are beneficiaries of the Paris 
Convention have the right to request protection for their industrial property right in Viet Nam and shall enjoy all such rights and be subject 
to all such obligations as Vietnamese entities. These provisions are consistent with the TRIPS Agreement.. 
Under Paris, Article 4. a, right of 
priority is to be given to an applicant for a patent, for 
registration of a utility model, an Decree No.  No. 63/CP (Section 17): 
An applicant for a Protection Title for an invention, utility solution, industrial design or trademark may claim priority on the basis of an 
application or several applications which have been filed earlier in These provisions are consistent  with the TRIPS Agreement.  
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industrial design, or of a 
trademark who has filed the 
equivalent of a regular national filing under the domestic 
legislation of a Member country. 
The periods of priority are to be 12 months for patents and utility 
models, and 6 months for 
industrial designs and trademarks. The Article discusses the 
technical details of granting 
priority in depth. another country for the same subject ma tter (the fist application (s)).  The 
time limit for filing an application for a Protection Title shall be 12 
months counted from the first filing date in relation to an application for an invention, utility solution; 6 months counted from the first filing date 
in relation to an application for an industrial design and a trademark.  
 In order to enjoy a priority right, the applicant shall pay a respective fee 
and shall, within 3 months counted from the date of filing the 
application, submit a copy of the first application(s) certified by the respective receiving office to the Natio nal Office of Industrial Property 
of Viet Nam. 
Article 4bis states that patents 
obtained for the same invention in 
various members of the Paris 
Union are independent of each other. Vietnamese patent laws and regulations have no provision making 
protection of an invention in Viet Nam be dependent on its protection in 
other countries. The prevailing patent laws and regulations are consistent with 
the TRIPS Agreement. 
Article 4ter requires that inventors 
have the right to be named as such in the patent. Decree No.  No. 63/CP (Section 48): 
The creator (s) of inventions shall have the right to be named in the Patent. These provisions are consistent  with the TRIPS Agreement. 
Under Article 4quarter, restrictions 
or limitations on the sale of a 
patented product or a product produced by a patented process 
cannot be the grounds for refusing 
a patent or invalidating one already issued. Vietnamese patent laws and regulations have no provision which permits 
refusal or invalidation of a patent on the ground that the sale of a 
patented product or a product produced by a patented process is restricted or limited in any forms. The prevailing patent laws and regulations are consistent with 
the TRIPS Agreement. 
Under Article 5(A)(1), importation of a patented product 
manufactured in a Paris Union country cannot be the basis of 
forfeiture of the patent. Vietnamese patent laws and regulations have no provision on forfeiture 
of a patent on the ground of importation of the patented product 
manufactured in a Paris Union country. These provisions are consistent  with the TRIPS Agreement. 
Article 5(A)(2) and (3) authorize 
countries to use compulsory licensing as a means to prevent 
abuses, such as the failure to 
work, but they may not forfeit a Vietnamese patent laws and regulations have no provision on forfeiture 
or revocation of the patent as a means to prevent abuses even if the grant 
of a compulsory license would not be  sufficient to prevent abuse of the 
patent rights. 
 The prevailing patent laws and regulations are consistent with 
the TRIPS Agreement.  
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patent unless the grant of a 
compulsory license would not be 
sufficient to prevent the abuse. Proceedings for forfeiture or 
revocation cannot be institute 
until two years after the grant of the first compulsory license. 
Article 5(A)(4) prohibits 
application for a compulsory 
license for failure to work until four years have passed since the 
application was filed or three 
years from date of grant and no compulsory license is to be 
granted if the patentee justifies 
the failure to work. Licenses are to be non-exclusive, and may not 
be transferred except with the 
enterprise or goodwill that 
exploits the license. Decree No.  No. 63 /CP (Section 51.2): 
The grant of a compulsory license shall be applied only when the owner 
of industrial property rights, without reasonable motivations, does not use the industrial property object or  does not use it in accordance with 
the needs of economic, social development of the country and shall not 
be applied until 4 years have passed since the patent application was filed or 3 years from the date of granting the patent. 
 
A compulsory license shall not be granted if the owner of industrial property rights with the reasonable motivations does not use industrial 
property object or does not use it in accordance with the needs of 
economic, social devel opment of the country. 
 
A compulsory license shall be non-exclusive. The grantee of a compulsory license shall not be  entitled to transfer it to others, except 
with the whole business using that license. These provisions are consistent  with the TRIPS Agreement. 
Article 5(B) prohibits forfeiture 
of industrial designs for failure to work or for importing articles 
corresponding to those that are 
protected. Vietnamese patent laws and regulations do not provide for the forfeiture 
of industrial designs for failure to work or for importing articles corresponding to those that are protected. The prevailing patent laws and regulations are consistent with 
the TRIPS Agreement.  
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Article 5(C) prohibits cancellation 
of a mark for unjustified non-use 
before a reasonable period of time has passed and permits the 
proprietor to use differing 
elements that do not diminish the distinctive character of a mark 
without invalidating the 
registration or diminishing the protection granted the mark. 
Concurrent use of the mark by co-
proprietor is permitted so long as the public is not misled. Decree No.  No. 63/C P (Section 28.2.c): 
The validity of a Trademark Registration Certificate shall be terminated 
subject to a request of a third party in  case the proprietor has not used the 
trademark without legitimate r easons for 5 consecutive years. 
 
Vietnamese laws and regulations do not have provisions on cancellation or narrowing the protection for using differing elements that do not 
diminish the distinctive characte r of the registered trademark. 
Vietnamese trademark laws and regulations do not allow co-ownership in regard of a trademark, except a collective trademark. There exist only 
provisions on the use of the tradem ark by co-proprietor of a collective 
trademark – under the common regime  of the collective that own the 
trademark. Viet Nam will consider the promulgation of provisions that 
allow the concurrent use of a trademark by its co-owners 
provided that such use will not result in misleading the public.  
Under Article 5(D), protection of 
patents, registered trademarks, 
and industrial designs cannot ... Vietnamese industrial property laws and regulations do not provide that 
the condition for the protection is to indicate on goods the protected 
inventions, utility solutions, industrial designs and trademarks. These provisions are consistent  with the TRIPS Agreement. 
 
Article 5bis requires that a grace 
period of at least six months be 
provided for the payment of maintenance fees for industrial 
property, but a surcharge is 
permissible. Countries are authorized to restore patents that 
lapsed for non-payment of fees. Circular 3055/TT-SH CN of 31 December 1996 implementing 
regulations of Decree No.  63/CP (her einafter referred to as Circular 
3055/TT-SHCN ) (Item 27):  
The time limit for the payment of maintenance fees is 6 months prior to 
the granting date of the Protection Titles.  
Those maintenance fees may be paid later than the above said time limit, 
but not later than 6 months from the expiry date. In this case a surcharge of 10% of prescribed fees must be paid. 
 
Circular 30/23/TT-BKHCN of November 5, 2003 guiding the implementation of procedures for inventions/utility solutions (substitutes 
Circular 3055/TT-SHCN) includes provisions on restoration of patent 
that lapsed for non-payment of annual fees). These provisions are consistent  with the TRIPS Agreement.  
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Article 5ter prohibits a Paris 
Member from making use of 
patented devices aboard a vessel, aircraft, of land vehicle 
temporally or accidentally in the 
territory of the Member. Decree No.  No. 63/C P (Section 52.1.c): 
The use for maintaining operations of foreign transport means 
temporarily entering or being in the territory of Viet Nam is not considered as infringement of industrial property rights. These provisions are consistent  with the TRIPS Agreement. 
Article 5quarter requires that 
process patent owners have all the 
rights against an imported product 
produced by the patent process that they would have with respect 
to products manufactured at 
home. Decree No.  No. 63 /CP (Section 34.1): 
The process patent owners have rights against an imported products 
manufactured by the protected process that they would have with respect 
to products manufactured domestically: the right of putting into circulation, advertising, offering and storing for sale of products are not 
discriminated between products manufactured in foreign countries 
imported to Viet Nam and products manufactured in Viet Nam if they both have been made by the protected process without permission of the 
owner.  These provisions are consistent  with the TRIPS Agreement. 
 
Article 5quinquies requires that Paris 
Members protect industrial 
designs. Industrial designs are protected under provisions of the Civil Code,  
 
Decree No.  No. 63/CP and implementing regulations. These provisions are consistent  with the TRIPS Agreement. 
Article 6 makes the conditions for 
filing and registration of trademarks subject to domestic 
legislation but also makes filing 
and registration independent of those in other countries, including 
the country of origin. Vietnamese trademark laws and re gulations provide trademark filling 
and registration procedures which are independent of corresponding procedures in other countries, in cluding the country of origin.  This provision is consistent with the TRIPS Agreement. 
Article 6bis requires parties, ex 
officio if legally possible or at the request of an interested party, to 
refuse to register or, for a period 
of at least 5 years, to cancel the registration of a trademark 
confusingly similar to a well-
known mark. No time limit is placed on a mark use in bad faith. Decree No.  No. 63 /CP (Section 6.1.e): 
A sign does not satisfy the conditions for registration if it is identical with, or confusingly similar to, anothe r person's trademark recognized as 
a well-known trademark.  
 Decree No.  No. 63/CP (Section 28): 
A Trademark Registration Certificate sh all be invalidated at third party's 
request if the trademark does not  satisfy protection requirements.. 
Decree No.  No. 63 /CP (Section 6):  
A well-known mark is any mark which is continuously used for 
reputable goods and services and therefore widely known. These provisions are consistent  with the TRIPS Agreement.  
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Article 6ter requires Members to 
refuse to register or to invalidate 
the registration that includes, without authorization, armorial 
bearings, flags, state emblems, 
official signs and hallmarks, etc.. An exception is provided for 
owners of rights acquired in good 
faith before the Convention entered into force for that 
country. Decree No.  No. 63/CP (Section 6.2.e. 6.2.f): 
The following signs shall not be protected as trademark: 
 - signs identical with or similar to quality marks, control marks, 
warranty marks etc. of Viet  Nam, foreign countries or 
international organizations; 
- signs confusingly similar to the image of national flags, national 
emblems… unless the use of those is permitted by the 
competent authorities.   
Article 6quarter makes the 
assignment of a mark valid if the portion of the business or 
goodwill of the business together 
with the exclusive right to manufacture and sell the goods 
bearing the mark are also 
transferred. Vietnamese industrial property laws and regulations do not provide the 
assignment of a trademark shall be car ried out with a transfer of the 
business or the goodwill of the business.  The prevailing laws and regulations are consistent with the 
TRIPS Agreement. 
Article 6quinquies requires that 
trademarks duly registered in a 
Member be accepted for filing in other Members, with certain 
reservations, and establishes the 
conditions under which a trademark may be denied 
registration or may be invalidated. Vietnamese industrial property laws and regulations do not have 
provisions on limitation of filling of trademarks registered in a Member. 
 Decree No.  No. 63/CP (Section 6): 
Conditions for refusal of registration, termination or invalidation of a 
trademark, are consis tent with Section 6
quinquies Paris Convention, are 
applied for all trademarks registered or not in other countries. The prevailing laws and regulations are consistent with the 
TRIPS Agreement. 
Article 6sexies states that Paris 
Members "undertake" to protect service marks without being 
required to provide for their 
registration. Civil Code (Section 785): 
A trademark is signs that are used to distinguish goods or services of the 
same kinds from different businesses. Trademark laws and regulations, 
including provisions on procedure for registration, are applied to both 
trademarks and service marks. These provisions are consistent  with the TRIPS Agreement.  
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Article 6 septies requires that 
trademark owners be able to 
oppose or request cancellation of a registration or their trademarks 
applied for by their agent or 
representative without their authorization "unless the agent or 
representative justifies his 
action". There is no provision on the oppos ition of a trademark registration of a 
foreign owner applied for by his agent or representative. 
 However, according to Section 837 the Civil Code, foreigner's 
trademarks shall be protected un der the law of Viet Nam and the 
international treaties to which Viet Nam is party.  
Therefore, based on Section 6 
septies Paris Convention, the trademark 
owner has the right to oppose the grant of a Trademark Registration Certificate (under proced ures provided for in Section 27 Decree No.  
63/CP), to request invalidation of th e Trademark Registration Certificate 
(under procedures and conditions provided for in Section 29 Decree No.  63/CP). The prevailing laws and regulations are consistent with the 
TRIPS Agreement. 
Article 7 states that the nature of the goods to which a trademark is 
applied may in no case be an obstacle to the registration of the 
trademark. (Duplicate language is 
in TRIPS Article 15.4) There is no provision that permits to refuse the grant of a Trademark 
Registration Certificate on the ground of nature of the goods, services to 
which a trademark is applied. The prevailing laws and regulations are consistent with the 
TRIPS Agreement. 
Article 7bis requires that Members 
permit registration of collective 
marks belonging to associations the existence of which is not 
contrary to the law of the country 
of origin, even where the association is not established in 
the country where protection is 
being sought. Decree No.  No. 63/C P (Section 14.2.d): 
The right to apply for registration of a collective mark shall belong to the 
natural or legal persons representing the collective of natural or legal persons or other entities who abide by a common regime for the use of 
the respective trademark. 
 An association may also be considered  as a collective, and therefore has 
the right to apply for registration of a collective mark. There is no 
provision that requires the association be established in Viet Nam. These provisions are consistent  with the TRIPS Agreement. 
Article 8 requires that trade 
names be protected by Members 
without the necessity of 
registration, whether or not the names are part of a trademark. Decree No.  No. 54/2000/ND-CP (Section 5): 
The industrial property rights to trade names shall be automatically 
established when all requirements are met without th e necessity of 
registration at the competent State agencies. There is no provision discriminating trade names as to whether or not 
they are part of a trademark. These provisions are consistent  with the TRIPS Agreement.  
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Article 9 requires seizure on 
importation of exclusion of goods 
bearing a trademark or trade name without authorization, unless a 
country's laws provide for neither 
remedy, in which case domestic actions and remedies must be 
available. Decree No.  No. 12/1999/ND-CP (Section 12): 
Customs Officer can take measures against the importation of goods 
bearing a trademark w ithout authorization. 
 
Decree No.  No. 54/CP (Section 21): 
The industrial property owner of a tr ade name has the right to request the 
handling of infringements upon industrial property rights to that trade 
name. 
 Measures for industrial property border controls in relation to the import 
and export of goods shall be provided for in Joint Circular of the 
Ministry of Science and Technology and the Ministry of Finance. These provisions are consistent  with the TRIPS Agreement. 
 
  
 
This Draft Joint Circular is expected to be finalised and submitted  for promulgation in late 2004.  
Article 10 applies the obligation 
of Article 9 to the direct or 
indirect use of false indications of 
source of goods, or false indication of the producer, 
manufacturer, or merchant of 
such goods. Decree No.  No. 54 /CP (Section 24.1): 
Acts of industrial property-related unfair competition consist of using of 
trade indications in order to mislead  the perception and information on 
business entities, business establishments, business activities, goods and/or services, for the purposes of: 
- Taking advantage of the prestige and reputation of other 
producers and/or  business entities in one's business activities; 
- Damaging the prestige and reputation of other business entities; 
- Creating confusion about origins, production methods, 
properties, quality, quantity or  other characteristics of goods 
and/or services; or about conditions for supply of goods and/or 
services. to consumers in th e course of recognizing and 
selecting goods and/or services or business activities. 
 
Decree No.  No. 54/CP (Section 25): 
The organizations and individuals that do or likely to suffer from damage 
by unfair competition acts in the field of industrial property shall be 
entitled to request the competent State bodies for injunctions and damages, administrative remedies or penal liability against the person 
who commits unfair competition acts. Consumers' associations and 
professional associations of organizations and individuals may exercise the above-mentioned right on behalf of their own members.  
 
Decree No.  No. 54/CP (Section 27): 
The organizations and individuals that commit unfair competition acts in These provisions are consistent  with the TRIPS Agreement.  
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the field of industrial property shall, depending on the nature and 
seriousness of such acts, be administratively handled or prosecuted for 
penal liability. If any damage is caused, compensations, therefore, must be made according to the provisions of law. 
The above-mentioned provisions apply to goods both imported and 
domestic. 
Article 10bis requires Members to 
provide protection against unfair 
competition, including against 
acts that create confusion of various kinds about the goods or 
activities of a competitor, that 
consist of false allegations about a competitor, or that are apt to 
mislead the public regarding a 
competitor's goods. Decree No.  No. 54 /CP (Section 24.1): 
Acts of industrial property-related unfair competition consist of using of 
trade indications in order to mislead  the perception and information on 
business entities, business establishments, business activities, goods and/or services, for the purposes of: 
 
- Taking advantage of the prestige and reputation of other 
producers and/or  business entities in one's business activities; 
- Damaging the prestige and reputation of other business entities; 
- Creating confusion about origins, production methods, 
properties, quality, quantity or  other characteristics of goods 
and/or services; or about conditions for supply of goods and/or 
services to consumers in the course of recognizing and 
selecting goods and/or services or business activities. 
 Decree No.  No. 54/CP (Section 25): 
The organizations and individuals that do or likely to suffer from damage 
by unfair competition acts in the field of industrial property shall be entitled to request the competent State bodies for injunctions and 
damages, administrative remedies or penal liability against the person 
who commits unfair competition acts. Consumers' associations and professional associations of organizations and individuals may exercise 
the above-mentioned right on behalf of their own members.  
Decree No.  No. 54/CP (Section 27): 
 
The organizations and individuals that commit unfair competition acts in 
the field of industrial property shall, depending on the nature and seriousness of such acts, be administratively handled or prosecuted for 
penal liability. If any damage is caused, compensations therefore must be 
made according to the provisions of law. These provisions are consistent  with the TRIPS Agreement.  
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Article 10ter requires that 
Members undertake to assure to 
foreign nationals effective legal remedies to repress actions 
referred to in Articles 9, 10 and 
10
bis, and to allow federations and 
associations representing foreign 
businesses, on the basis of 
reciprocity, to take action in court and before administrative 
authorities to repress such acts. Civil Code (Section 796): 
The owner of an industrial property object shall be entitled to request a 
competent State authority for injunc tions and damages against infringer. 
 
Decree No.  No. 63/CP(Section 54): 
Industrial property rights shall be protected by the State. Any act of 
infringement of an industrial property right shall be strictly prohibited 
and shall be dealt with in accord ance with legal provisions. Action 
against industrial property right infringement shall be carried out 
according to laws and regula tions on civil procedures. 
 
Any enforcement measures and remedi es are applied for all industrial 
property owners without discrimination between Vietnamese and 
foreigners. 
 Decree No.  No. 54/2000/ND-CP (Section 25.2): 
Consumers' associations and professional associations of organizations 
and individuals may, on behalf of their own members, exercise the right 
to request the competent authorities for enforcement of rights against 
unfair competition.  
Article 11 requires that temporary 
protection, consistent with 
domestic legislation, be afforded 
to patentable inventions, utility models, industrial designs and 
trademarks in respect of goods 
exhibited at official or officially recognized international 
exhibitions held in their territory. Decree No.  No. 63/CP (Section 17): 
Applicants for a Protection Title for an invention, utility solution, 
industrial design or trademark may claim priority on the basis of an 
exhibition of the object described in the application at an official, or officially recognized international exhibition, organized in Viet Nam or 
another country. Applicants shall su bmit certification of display at an 
exhibition within 3 month from the filling date.  These provisions are consistent  with the TRIPS Agreement. 
Article 12 requires Members to 
establish industrial property offices for patents, utility models, 
industrial designs and trademarks 
for the communication to the public through publication of a 
periodic journal of the names of 
patent owners with a brief National Office of Industrial Property of Viet Nam established in 1982 is 
the competent authority responsible to  carry out procedures of granting 
Protection Titles in regard of industrial property objects and organize 
industrial property information activities, including the publication of 
Industrial Property Official Gazette w ith the contents consistent with the 
requirements stipulated in Article 12 Paris Convention. Viet Nam satisfies this requirement of the TRIP Agreement.  
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designation of their inventions, 
and the reproduction of 
trademarks. 
Article 19 authorizes Members to enter into separate and special 
industrial property agreement 
among themselves, so long as those agreements do not 
contravene the provisions of 
Paris. Viet Nam has singed bilateral agreements on intellectual property 
protection with Switzerland and United State of America.  The industrial 
property protection provisions of th e agreements are not contrary to 
those of the Paris Convention.  Viet Nam satisfies this requirement of the TRIP Agreement. 
National treatment, with 
exceptions allowed in the Paris, 
Berne and Rome Conventions. 
Article 3 Decree No.  No. 63/CP (Section 67.1.a) and Decree No. 4/2000/ND-CP 
(Section 2.2.a): 
Foreign natural or legal persons that enjoy the rights in accordance with 
the Paris Convention shall have the right to request protection for their industrial property rights in Viet Nam and shall enjoy all such rights and 
be subject to all such obligations as Vietnamese entities. 
 
- Circular 23/TC-TCT of 9 May 1997 on industrial property fees 
and charges 
 
There is difference in the rates of i ndustrial property fees and charges 
that apply to Vietnamese and foreigners.   
 
 
 The Draft Joint Circular on am endment of the Circular 23/TC-
TCT of 9 May 1997 proposing the annulment of 
discrimination of fees and charges between Vietnamese and 
foreigners, is expected to be finalised and promulgated in late 
2004. 
Most favoured nation treatment, with enumerated exceptions. 
Article 4. Vietnamese laws and regulations have no provision discriminating 
foreign entities.  
Trademarks 
Provide trademark or service 
mark protection for any sign, or combination of signs capable of 
distinguishing the goods or 
services of one undertaking from those of other undertakings. 
Article 15.1 Civil Code ( Section 785): 
A trademark consists of the symbols that are used to distinguish goods or services of the same kind made by different producers. A trademark can 
be words, images or a combination thereof expressed in one or several 
colours. In fact, any visible, distin guishable sign may be protected as a 
trademark. These provisions are consistent with the requirement of TRIPS 
Agreement 
Not deny registration for a mark based solely on the nature of the goods or services to which a 
trademark is to be applied. Article Civil Code and Decree No.  63/CP do not provide as a ground for refusal 
of registration of a trademark the nature of the goods/services bearing that trademark. In fact, the nature of the goods or services is only one of 
the bases for determining whether goods/services are of the same kind. These provisions are consistent with the requirement of TRIPS 
Agreement  
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15.4 
Trademarks must be published 
before or shortly after registration 
to permit opposition or opportunity to apply for 
cancellation. Article 15.5 Decree No.  No 63/ CP (Section 31.2): 
The information published in the Offici al Gazette of Industrial Property  
relates to :  
(a) Officially accepted applications for Protection Titles; 
(b) Protection Titles granted and regi stered, trademarks protected in 
Viet Nam through registration under the Madrid Agreement or 
other international agreements to which Viet Nam is party; 
 Decree No.  No. 63/CP (Section 20): 
During the period of substantive examination, any third party shall have 
the right to present opinions in relation to the grant or refusal of a Protection Title to applications which have been published in the Official 
Gazette of Industrial Property.  
 Decree No.  No. 63/C P (Section 29.1):  
Any third party shall have the right to file an application requesting the 
National Office of Industrial Prop erty to cancel the validity of a 
Protection Title for the reason that such Protection Title has been granted 
contrary to the provisions of law. These provisions are consistent with the requirement of TRIPS 
Agreement 
Provide trademark owners the 
exclusive right to prevent 
unauthorized use identical or 
similar marks for similar goods or services of other parties if 
confusion is likely to result. 
Article 16.1 Decree No.  No. 63/CP (Section 53): 
The following acts shall also be considered as infringements of 
trademark rights: 
 Using signs identical with a trademar k being protected by a Certificate 
for trademark registration or by an international registration for goods, 
included services similar to or relatin g to the goods and services in the 
list registered together with the mark or/and using signs similar to the 
trademark for goods and services of the same kind, similar to or relating 
to goods and services included in the list registered together with the mark, if such use would lead to confusion of the origin of goods. These provisions are consistent with the requirement of TRIPS 
Agreement 
Presume confusion where an 
identical mark is used without 
authorization on identical goods or services. Article 16.1 Decree No.  No. 63 /CP (Section 53.1): 
Any acts of using the trad emark as provided for in  Section 805 of Civil 
Code and as detailed in Section 34 of the Decree No.  within the term of protection, and without permission of the trademark owner shall be 
considered as infringement  of the trademark right. These provisions are consistent with the requirement of TRIPS 
Agreement  
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Provide protection for well 
known trademarks and services 
marks in accordance with Article 6
bis of the Paris Convention, even 
where use is on goods or services 
which are not similar to those in respect of which a trademark is 
registered if the latter use would 
imply a connection with the right holder or would be likely to 
damage the right holder's 
interests. Article 16.2 and 3. Decree No.  No. 63 /CP (Section 6.1.e): 
One of the conditions for a sign to be recognized as capable of 
distinguishing is that it is not identical with, or confusingly similar to another person's trademark recogni zed as a well-known trademark in 
accordance with Article 6
bis Paris Convention. 
 Decree No.  No. 63/CP (Section 2.8.b): 
A well-known mark is any mark which is continuously used for 
reputable goods and services so that it become widely known.  
Decree No.  63/CP (Section 8.3): 
Rights over a well-known mark arise on the basis of recognition by the State competent authority  of a well-known mark. 
 
Decree No.  63/CP (Section 10.1):  Industrial property rights over a well-known mark are protected 
indefinitely since the mark is recogni zed as a well-known as stated in the 
Decision on recognition of a well-known mark. 
 
Decree No.  63/CP (Section 53.1): The following acts shall be considered as infringement of well-known 
mark rights: using signs identical with or similar to a well-known mark 
or signs in the form of translation, transliteration of the mark for any goods and services including goods and services of different kinds, 
dissimilar to or related to goods an d services belonging to the list of 
reputable goods and services bearing the well-known mark, if such use is likely to create confusion about the origin of goods or wrong impression 
on the relationship between the user of such signs and the owner of the 
well-known trademark. These provisions are consistent with the requirement of TRIPS 
Agreement 
Allow only limited exceptions to 
the rights conferred by a 
trademark such as fair use of 
descriptive terms. Article 17 According to  Section 803 Civil Code  and  Section 52.2 Decree No.   
63/CP, the following acts shall not be considered as being within the 
scope of the exclusive rights belonging to the trademark owner: 
 - using of a trademark for non-commercial purpose; 
- using of products having be en put into the market place, 
including foreign markets, by the owner of the industrial property rights or his licensees. These provisions are consistent with the requirement of TRIPS 
Agreement  
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Unfair use of descriptive terms identical with or similar to a protected 
trademark may be considered as unfair competition acts as provided for 
in  Section 24 Decree No.  54/2 000/NDD-CP: Acts of industrial 
property-related unfair competition include: 
 "1. Using commercial indications to mislead the perception and 
information about business entities, business establishments, business activities, goods and/or services, for the purposes of: 
 
(a) Taking advantages of the prestige and reputation of other 
business entities in one's production and/or business activities; 
(b) Damaging the prestige and reputation of other business entities; 
(c) Creating confusion about origins, production methods, 
properties, quality, quantity or  other characteristics of goods 
and/or services; or about conditions for supply of goods and/or 
services to consumers in the course of recognizing and selecting goods and/or services or business activities."  
Provide a period of protection for 
registration of at least seven 
years, renewable indefinitely. 
Article 18. Decree No.  No 63/CP  ( Section 9.2.e):  
Protection Titles for trademarks are Trademark Registration Certificates 
with the term of validity beginning on the date of grant, expiring at the 
end of 10 years counted from the official filing date and renewable 
indefinitely for consecu tive terms of 10 years. 
Circular 3055/TT-SHCN (Items 13.8 and 16.5): 
Time limit for the grant of Certificat e for a Trademark Registration is 12 
months counted from the official filing date. These provisions are consistent with the requirement of TRIPS 
Agreement 
Allow cancellation for non-use 
only after a period of three years 
of uninterrupted non-use unless 
valid reasons exist for the non-use, including Government 
interference with use. Article 
19.1. Decree No.  63/C (Section 28.2.c):  
The validity of a Certificate for a Trademark Registration shall be 
terminated in case the owner of a Trademark Registration Certificate has 
not used the trademark without legitimate reasons for 5 consecutive years prior to the request for termination of validity. In such a case, the 
validity of the Certificate  shall be terminated from the first day after 
such period of 5 years. These provisions are consistent with the requirement of TRIPS 
Agreement 
No encumbering of the use of a trademark by special 
requirements. Article 20. There are no special requirements for the use of trademark in the 
prevailing laws and regulations on the trademark protection of Viet Nam. These provisions are consistent with the requirement of TRIPS 
Agreement 
May establish conditions for licensing but compulsory licensing not permitted and owner Decree No.  63/CP (Section 35):  
The trademark owner shall be entitled to  transfer the right to use of the 
trademark entirely or in part to other natural or legal persons or other These provisions are consistent with the requirement of TRIPS 
Agreement  
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of registered mark must be able to 
assign it with or without transfer 
of business. Article 21. entities. 
Transfer of the right to use a trad emark shall be effected through a 
written contract ("licensing agreement"). A licensing agreement  shall have legal effect only upon registration with the National Office of 
Industrial Property. 
 Decree No.  63/CP (Section 37 and 38):  
Ownership rights over a trademark may only be inherited by a single 
natural or legal person or a sing le other entity. Th e successor to the 
ownership right over the trademark has to meet the requirements for the 
right to apply for the respective Protection Title. 
 The owner of a trademark shall not relinquish his or her right therein 
when subject to a valid license, unless the licensee agrees to the 
termination of the licensing agreement before its due expiry date.  
The transfer of industrial property ri ghts over trademarks shall not cause 
confusion over the characteristics or orig in of the goods or services such 
trademarks are used for. 
 The transfer of the ownership right over an associated mark shall be 
concurrently carried out together  with all associated marks; 
The transfer of the ownership right over a well-known mark must ensure 
the goodwill of the goods and services bearing the well-known mark. 
There is no provision permitting the grant of non-compul sory license of 
a trade mark in the prevailing laws and regulations of Viet Nam. 
Geographical Indications 
Provide means to prevent deceptive use of geographical 
indications identifying location 
where a given quality, reputation or other characteristic of a goods 
is attributable to its location. 
Article 22.1 and 2. Decree No.  54/2000/ND-CP (Section 10):  
Prosecutable geographical indications are the information on 
geographical origins of goods that sa tisfies all the following conditions: 
 (a) Being expressed in a word, phrase, sign, symbol or device which 
serves to indicate a country or a region, locality of a country; 
(b) Being presented on a good, packages of the good or transaction 
papers relating to purchase or sale of the good to indicate that the 
good originates from a country, region or locality where the 
peculiar characteristics of quality, reputation, fame, or other These provisions are consistent with the requirement of TRIPS 
Agreement  
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characteristics of the good are e ssentially attributable to its 
geographical origin. 
 Decree No.  54/2000/ND-CP (Section 19): 
Acts of infringement of industrial property right over geographical 
indications include: 1. Using any commercial indications which are identical with or 
similar to protected geographical indications, creating wrongful 
impression of the geographical origin of goods; 2. Using any commercial indications which are identical with or 
similar to protected geographical indications for identical, similar or 
related goods, without ensuring reputation, fame of the goods bearing such geographical indications, ev en where such indications are 
accompanied by expressions such as "method", "type", "style", 
"limitation", or the like.  
Decree No.  54/2000/ND-CP (Section 21): 
The persons having the right to use geographical indications shall be 
entitled to request from the comp etent sate bodies injunction and 
damages against persons who commit acts of infringing upon their rights. 
 
In cases where the use of geographical  indications results in consumer's 
confusion, such consumers may requ est from the competent state bodies 
injunction and damages against the persons who commit the above-said 
acts.  
The handling of infringing acts of industrial property right over 
geographical indications shall be carried out in accordance with procedures for handling infringing acts of other industrial property 
rights. 
 Decree No.  63/CP (Section 53.1): 
The person not having the right to use an appellation of origin 
committing one of the using acts of appellation of origin as provided for in  Section 805 of Civil Code and as detailed in Section 34 of this Decree 
No.  within the term of protection considered as having committed an act  
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of infringement. 
Protect, with certain exceptions, 
appellations of origin for wines or 
spirits even against use accompanied by expressions such 
as "kind", "type", "style", etc. 
Article 23.1 and 24 Decree No.  54/2000/ND-CP (Section 19.3):  
Infringement acts of industrial property right over geographical 
indications include the use of geographical indications of wines or spirits for those not originating in indicated territories, even where the true 
origin of goods is indicated or geographical indications are used in 
translation or accompanied by expr essions such as "type", "style", 
"kind", "limitation", or the like. 
 
Decree No.  63/CP (Section 47.1.b): 
Who has been granted a Certificate of the Right to Use an appellation of 
origin shall have the right  to request the competent State authority to 
compel other persons to stop infringing acts and pay compensation for damage caused by the illegal use of such appellation of origin or signs 
confusingly similar thereto, including the case where the true origin of 
the product is indicated or the appellation of origin is translated into another language or the use is accompanied by "kind", "type", 
"imitating", or the like. These provisions are consistent with the requirement of TRIPS 
Agreement 
Refuse to register or invalidate 
registrations of trademarks 
containing geographical 
indications except in instances in which such marks have been used 
continuously for at least 10 years 
or in good faith before 15 April 1994. Article 22.3. Decree No.  63/CP (Section 6.1.f): 
One of the requirements for a sign to be recognized as capable of 
distinguishing is that it is not identical with, or confusingly similar to 
protected geographical indications (including appellations of origin). These provisions are consistent with the requirement of TRIPS 
Agreement 
Industrial Designs  
Provide, with certain exceptions, 
protection for new or original, 
independently created industrial designs. Article 25.1. Civil Code ( Section 784): 
An industrial design is the shape of a product that is expressed by lines, 
three-dimensional form and colours, or a combination thereof, and that has world-wide novelty and served as a pattern for making industrial or 
handicraft products.   
Ensure that requirements for 
securing protection for textile designs are not prohibitive of 
such protection. Article 25.2 Textile designs are protected in the same manner as any other industrial 
designs. There is no specific provision for the protection of textile designs in the prevailing laws and regulations. The requirements for the 
establishing rights in industrial designs are reasonable. These provisions are consistent with the requirement of TRIPS 
Agreement  
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Protection should last at least 10 
years Decree No.  63/CP (Section 9.2.c): 
Protection Titles for industrial design s are Patents for Industrial Designs 
with the term of validity beginning on the date of grant and expiring at the end of 5 years counted from the o fficial filing date and renewable for 
two consecutive terms of 5 years. 
Circular 3055/TT-SHCN ( Items 13.8 and 16.5): Time limit for the granting Patents for industrial designs is 12 months 
counted from the official filing date. These provisions are consistent with the requirement of TRIPS 
Agreement 
Patents   
Provide patents for any 
inventions, whether products or processes, in all fields of 
technology if they are new, 
involve an inven tive step and are 
industrially applicable. 
Exceptions are permitted for 
plants and animals, except for 
micro-organisms and non-
biological and microbiological processes. Exemptions are also 
permitted for reasons of order 
public and morality. Article 27 Civil Code ( Section 782):  
An invention is a technical concept that is distinguished by having world-wide novelty in terms of the present state of technological 
development and, and is non-obvious, and is applicable to various social 
and economic fields.  
Decree No.  63/CP (Section 4.1, 4.2 and 4.3): 
There are detailed criteria for determining novelty, inventive step and 
industrially applicability of a technical solution. 
 Decree No.  63/CP (Section 4.4):  
Subject-matters excluded from patentability include: 
-  scientific concepts, principles and discoveries; -  methods and systems for economic organisation and 
management; 
-  methods and systems for education, teaching and training; -  methods for the training of animals; 
-  systems in regard of linguistics,  information, classifications and 
compiling of documentation; 
-  designs and planning schemes for construction works, projects 
for regional development and planning; 
-  solutions concerning only the shape of articles and being of an 
aesthetic nature only; 
-  conventional signs, timetables, rules and regulations and 
symbols; 
-  computer software, layout designs of integrated circuits, 
mathematical models, graphs and the like; 
-  plant or animal varieties; These provisions are consistent with the requirement of TRIPS 
Agreement  
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-  methods for the prevention, diagnosis or treatment of diseases 
for human being, animals; 
-  essentially biological processes for the production of plants or 
animals other than microbiological processes. 
 
Civil Code ( Section 787): The industrial property subject-matte rs which are contrary to social 
interest, public order, the principles of social humanity shall not be 
protected. 
Provide patent owners with the right to prevent others from 
making, using. offering for sale, 
selling, or importing a patented products or from using a patent 
process or using, offering for sale, 
selling or importing a product produced directly using such 
process. Article 28.1 Decree No.  63/CP (Section 53): 
The person other than the owner of a patent committing one of the using 
acts as provided for in  Section 805 of Civil Code and as detailed in  
Section 34 of the Decree No.  within the term of protection, and without 
permission of the owner or without a right of prior use as provided for in 
Section 50 of the Decree No.  shall be considered as having committed 
an act of patent right infringement unless one of the exceptions mentioned in Sections 51, 52 of the Decree No.  does apply. The acts of 
using invention are provided for in  Section 34 Decree No.  63/CP, as 
follows: 
- manufacture of a protected product; 
- application of a protected process; - exploitation of a protected product; 
- putting into circulation; advertising, offering or storing for sale 
a protected product or a produc t manufactured by a protected 
process; 
- importing a protected product or a product manufactured by a 
protected process. These provisions are consistent with the requirement of TRIPS 
Agreement 
Give patent owners the right to assign the rights in the patent, or 
transfer the rights succession, or 
license them. Article 28.2. Civil Code ( Section 796.2):  
The ownership of inventions can be inherited or transferred to other 
persons. 
 Civil Code ( Section 796.1.b): 
The owners of inventions shall have the right to transfer the right to use 
the patented invention to other persons. These provisions are consistent with the requirement of TRIPS 
Agreement 
Require applicants to disclose the 
invention so that one skilled in 
the art can carry it out and may Circular 3055/TT-SHCN ( Item 6.3): 
The description must totally reveal the nature of the technical solution 
requested to be protected. The description must provide information to These provisions are consistent with the requirement of TRIPS 
Agreement  
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require indication of the best 
mode and information on 
corresponding foreign applications. Article 29 such an extent that based on which a person with the average skill in the 
corresponding technical area  can apply such solution. 
 The description must clarify the novelty, inventive step and applicability 
of the technical solution requested to be protected. 
Ensure that nay exceptions to 
exclusive patent rights do not unreasonably conflict with normal 
exploitation of the patent and do 
not unreasonably prejudice the legitimate interest of the patent 
owner, taking third party interests 
into account. Article 30. Civil Code ( Section 801) and Decree No.  63/CP (Section 50): 
If before the filing date of an application for a Protection Title for an invention, a natural or legal person or another entity has used the 
invention independently from the owner, such natural or legal person or 
such other entity has the right to continue the use within the scope and volume of use before filing date (the prior user's right). The owner of 
Protection Title shall not exercise his or her right  to initiate action a 
provisional right against such natural or legal person or other entity after the grant of the Protection Title, provided the scope or volume of use has 
not been increased in comparison with the period before the filing date of 
application. 
 
If after the filing date of an application for a patent, such natural or legal 
person or other entity has written the scope or volume of use of the 
invention in comparison with the scope or volume of use before such 
date, the increase shall not be covered by the right of prior use. The prior user's right shall not be transferred to other persons unless it is 
done together with the undertaking where the prior use has been carried 
out.  
According to  Section 803 of Civil Code and  Section 52.1 Decree No.  
63/CP, the following acts shall not be considered as patent infringements:  
- the use of non-commercial purpose; 
- the use of products having be en put into the market place 
including foreign markets by the owner of the patent, licensee, 
non-voluntary licensee or the person entitled to the prior use; 
- the use for maintaining operations of foreign transport means 
temporarily entering or being in the territory of Viet Nam. These provisions are consistent with the requirement of TRIPS 
Agreement 
Compulsory licenses can be 
issued only when enumerated 
conditions are met, including such Decree No.  63/CP (Section 51.2): 
- The grant of a non-voluntary license shall be effected only 
subject to the conditions provided for in Section 802 of Civil This provision has been complied with the requirement of 
TRIPS Agreement  
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things as notice, remuneration, 
limitations on use and transfer of 
the license, etc. Article 31. Code (The owner fails to use the invention or his use fails to 
meet the need of socio-economic development of the country 
without justifiable reasons; The owner refuses licensing in spite of efforts made by the person having the need of use in 
negotiations, including offer of reasonable royalty; The use is to 
meet the needs of national defence, national security, diseases prevention and treatment for people and other urgent social 
needs). 
- The grant of a non-voluntary license shall not be effected until 
the end of 4 years counted from  the filing date and 3 years 
counted from the grant date. 
- The person who is compelled to grant a non-voluntary license 
has the right to request for cancellation of the license when the 
conditions for granting the licen se have ceased and are not 
likely to recur, provided that the cancellation shall not be prejudicial the licensee. 
 
Decree No.  63/CP (Section 51.3): 
- The Ministry of Science, Technology and Environment is the 
competent State body having auth ority to consider requests for 
permission of use of an invention and to issue a decision 
ordering the owner to grant a non-voluntary license. 
 Decree No.  63/CP (Section 51.6): 
- In the decision ordering a non-voluntary license to be granted, 
the Minister of Science, Technology and Environment shall fix the license terms in accordance w ith the following provisions: 
(a) Non-voluntary licenses shall be non-exclusive; 
(b) The scope and duration of a non-voluntary license 
shall be limited to the purpose for which it was 
granted; 
(c) The party to which a non-voluntary license is granted 
shall not transfer the right to use the invention under a 
non-voluntary to others, except with the undertaking 
which enjoys such use, or shall not sublicense. 
(d) The party to which a non-voluntary license is granted 
shall remunerate the licensor an amount of money  
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corresponding to the economic value of the right to use 
the invention and the license or equivalent to royalties 
of contractual licenses with the same scope and term. 
- The decision ordering a non-voluntary license to be granted 
shall be published in the Official Gazette of Industrial Property 
within 1 month from the date of issue. 
 
Decree No.  63/CP (Section 51.7): 
- Within 1 month from the date the Minister of Science, 
Technology and Environment issues the decision ordering a 
non-voluntary license to be granted , the owner of an industrial 
property right, or the holder of right over the whole invention shall grant a license on the conditions stipulated the decision. 
 
Decree No.  63/CP (Section 51.8): - The person who is compelled to grant a non-voluntary license 
has the right to appeal the de cision on such license to the 
Minister of Science, Technology and Environment. 
Provide an opportunity for 
judicial review of decisions to 
revoke or forfeit a patent. Article 32. Decree No.  63/CP (Section 27.4 , Section 28 and Section 29): 
Decisions on termination or cancellation of validity of a patent by the 
National Office of Industrial Property may be either brought to administrative court or fu rther appealed to the Minister of Science, 
Technology and Environment, depending on the choice of the appellant.  These provisions are consistent  with the requirements of 
TRIPS Agreement. 
Provide a patent term of at least 
20 years from the filing date. Article 33. Decree No.  63/CP (Section 9.1.a): 
Protection Titles for inventions are Patents for Inventions with the term of validity beginning on the date of grant and expiring at the end of 20 
years counted from the official filing date. These provisions are consistent with the requirement of TRIPS 
Agreement 
Shift the burden of proof in process patent infringement actions to the defendant in 
instances in which the product 
produced by the process is new or where it is substantially likely that 
the identical product was made 
using the process and the patent owner has been unable through 
reasonable efforts to determine According to prevailing laws and regula tions on civil procedures of Viet 
Nam, the burden of proof is on the plaintiff, rather than the defendant. Provisions complying with Article 34 of the TRIPS are to be 
provided for in a Joint Circular of the Supreme People's Court, the Supreme People's Prosecution Institute and the Ministry of 
Science and Technology (expected to be promulgated in 
2004), or the Civil Procedures Code (expected to be promulgated in 2004).   
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the process used. Article 34. 
Layout Design of Integrated Circuits 
Provide protection for original 
layout designs of integrated 
circuit that are registered or have been commercially exploited 
anywhere in the world. Articles 3, 
4, 5 and 7 of the Washington Treaty as incorporated into 
TRIPS by Article 35. Decree No.  42/2003/ND-CP (Section 4): 
1. The subject matter of protection under this Decree  No.  is any 
layout-design that is original. 
2. A layout-design shall be considered to be original if it fully 
satisfies the following conditions: 
(a) It is the result of its creator's own intellectual effort; (b) It is not widely known among creators of lay-out 
designs or manufacturers of semiconductor integrated 
circuits at the time of its creation. 
 
Decree No.  42/2003/ND-CP (Section 6): 
Industrial property rights in layout-designs shall be established on the basis of a Layout-design Protection Title issued by the National Office of 
Industrial Property under the Ministry of Science and Technology.   
Make unlawful, except in certain 
circumstances, the reproduction, 
importation, sale or other 
distribution of a protected layout design or an integrated circuit 
embodying such design or an 
article containing such a microcircuit. Article 6 of 
Washington and Article 36 of 
TRIPS. Decree No.  42/2003/ND-CP (Section 22): 
The exclusive right to use a layout-design of the owner referred to in 
Section 21 of this Decree No.  refers to the right to perform of prevent 
other persons from performing for commercial purposes any of the following acts in respect of the protected layout-design: 
 
1. The reproduction of the protected layout-design or the 
manufacture of a semiconductor integrated circuit by using the 
protected layout-design; 
2. The distribution and importing of a copy of the protected 
layout-design or a semiconductor integrated circuit 
manufactured by using the protected layout-design or an article 
incorporating such a semicon ductor integrated circuit. 
 
Decree No.  42/2003/ND-CP (Section 27.1): 
Any act of using a protected layout-des ign as provided for in Section 22 
of this Decree No.  committed with in the term of protection without 
permission of the owner shall be considered as an act of infringement of 
the owner's industrial property rights in the layout-design, unless it falls 
under the exceptions provided for in Section 28 of this Decree No. . These provisions are consistent with the requirement of TRIPS 
Agreement.  
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Provide such protection for a term 
of 10 years from the filing of an 
application for registration of from first commercial 
exploitation. Article 38. Decree No.  42/2003/ND-CP (Section 7.2): 
A Protection Title takes effect on the date of granting and expires on the 
following dates (which ever comes earlier): 
 
(a) The end of 10-year period counted from the date of the 
granting of the Protection Title; 
(b) The end of a 10-year period counted from the date the 
integrated circuit was first commercially exploited in 
the world by the person who has the right to file application for a Protection Title or the person who has 
obtained this permission; 
(c) The end of a 15-year period counted from the date of 
creation of the layout-design. 
 
There is a lack of provisions on procedures of establishing the industrial property rights to layout-design. These provisions are consistent with the requirement of TRIPS 
Agreement. 
  
 
 A Circular of the Ministry of Science and Technology on 
guiding the implementation of the Decree No.  42/2003/ND-
CP of 2 May 2003 is expected to be promulgated by the end of 2004 . 
Undisclosed Information 
Provide protection for 
undisclosed information that is secret (not generally known or 
readily ascertainable); has 
commercial value because of its secrecy; and has been subject to 
reasonable steps to keep it secret. 
Article 39.2. Decree No.  54/2000/ND-CP (Section 6): 
Protectable business secrets are inve stment results in the form of 
information satisfying all the following conditions: 
 
(a) It is not common knowledge; (b) It is applicable to business activities and when used, it renders 
its holder advantages over those who do not hold or use such 
information; 
(c) It is kept secret by its owner with necessary measures so that it 
shall neither be disclosed nor easily accessible. 
 The owners of industrial property right over business secrets shall be 
entitled to request the competent state bodies injunction and damages 
against persons who commit acts of infringing upon their rights. These provisions are consistent with the requirement of TRIPS 
Agreement 
Protect data submitted to obtain marketing approval for 
pharmaceutical or agricultural 
chemicals utilizing a new chemical entity.  Article 39.3 Decree No.  54/2000/ND-CP (Section 18.4) : 
The following acts shall be considered  as infringement of industrial 
property right over business secret and shall be remedied: Accessing, 
acquiring others' information of business secret submitted for approving the doing business in respect of or th e marketing of products, especially 
pharmaceutical products and agricultura l-chemical products, by taking These provisions are consistent with the requirement of TRIPS 
Agreement. 
 
 A Circular of the Ministry of Science and Technology on 
guiding the implementation of provisions on undisclosed  
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acts against secret-keeping measures of administrative agencies, or using 
such information for the commercial purposes, including for obtaining 
approval of the doing business in respect of or the marketing of products.  
As there is still lack of provisions guiding the implementation the 
provisions on the new and unspecified undisclosed information, it is difficult to enforce them in practice. information of the Decree No.  54/2000/ND-CP of 3 October 
2000 is expected to be promulgated by the end of 2004. 
Enforcement  
General Provisions  
Provide for effective action 
against infringement of 
intellectual property rights without creating barriers to 
legitimate trade or opportunities 
for abuse. Article 41.1 Apart from general legal provisions on civil, criminal, administrative 
proceedings and customs control, Viet Nam has promulgated particular 
provisions on criminal and administ rative procedures and remedies for 
intellectual property right infringements in the following legal 
instruments: 
- The Criminal Code 1999 (Sec. 131: The crime of copyrights 
infringement; Sec. 156: The crime of producing and trading 
counterfeiting g oods; Sec. 162: The crime of deceiving 
consumers; Sec. 168: The crime of untruthfully advertising; 
Sec. 171: The crime of industrial property right infringement); 
- The Decree No.  12/1999/ND-CP of the Government of March 
06, 1999 on administrative measures against violations in the 
field of industrial property (herei nafter referred to as the Decree 
No.  12/1999/ND-CP); 
- The Circular 825/2000/TT-BKHCNMT of the Ministry of 
Science, Technology and Environment of May 03, 2000 
guiding the implementation of the said Decree No.  12/1999/ND-CP, as amended by the Circular 49/2001/TT-
BKHCNMT of September 14, 2001 (hereinafter referred to as 
the Circular 825/2000/TT-BKHCNMT).  
- The Customs Law 2001 (Articles 57-59) 
- Decree No.  101/2001/ND-CP of 31 Dec.2001 on detailed 
regulations implementing Law on Customs (Art 14); 
- Joint Circular 01/2001/TANDTC-VKSNDTC-BVHTT of 5 
Dec. 2001 guiding the application of Civil Code in judgement 
of copyright cases; 
- Joint Circular 58/2003/TTLT-B VHTT-BTC of 17 Oct. 2003 
guiding the protection of copyright in Customs offices  The prevailing laws and regulations basically meet the TRIPS 
Agreement requirements. 
Viet Nam is now implementing the plan of promulgation of the special laws and regulations on civil and administrative 
procedures and remedies, border  measures in the field of 
intellectual property in accordance with the TRIPS 
requirements: 
- Joint Circular of the Supreme People Court, the 
Supreme People Prosecution Institution and the 
Ministry of Science and Technology  guiding the 
judgment of cases related to industrial property rights (Expected to be promulgated by the end of 2004). 
- Decree No.  on amending the Decree No.  
12/1999/ND-CP dated 6 March 1999 of the Government on the handling of administrative 
violations in the field of industrial property, and Joint 
Circulars guiding the implementation (Expected to be promulgated by the end of  2004). 
- Governmental Decree No.  on administrative 
remedies in the field of intellectual property. 
- Joint Circulars of the Ministry of Finance and the 
Ministry of  Science and Technology on border 
measures for industrial pr operty (Expected to be 
promulgated by the end of  2004). 
- Joint Circulars of the Ministry of Trade and the 
Ministry of Culture and Information/Ministry of Science and Technology on measures of market 
control and procedures of handling IPR violations in  
 WT/ACC/VNM/21/Rev.2 
Page 28 TRIPS Agreement Viet Nam 
Citation to related laws and regulations  Note 
Compliance/Action plan  
manufacture, trade and service activities. 
Provide enforcement procedures 
that are fair and equitable and are 
not unnecessarily complicated or costly and do not entail 
unreasonable time-limits or 
unwarranted delays. Article 41.2. The prevailing enforcement procedures  are fair, equitable, and are not 
unnecessarily complicated or costly  and there is no provision on 
unreasonable time limits or unwarranted delays. These provisions are consistent with the TRIPS Agreement 
requirements yet. 
Provide decisions on the merits 
based upon the evidence 
presented in the case to the 
parties, preferably  in writing with 
the reasons explained. Article 
41.3. The Ordinance 1989 on procedures of judgment of civil cases: 
There must be a record of the opinions discussed and of the decisions of 
the Board of Trial on the merits of the case. The decisions of the Board 
of Trial must fully present the contents, details, evidences... of the case, bases of laws and decisions of the Court (Sec. 53); the parties are given 
extracts of the sentence or decision of  the case by the Court right after 
the court session, the copies of the sentence or decision of the judgment 
by 15 days from the judgment date (Sec. 57); the parties and related 
persons have the right to give their opinions on the evaluation of 
evidences, to respond to the others' opinions and to propose the solution 
to the case (Sec. 51). The provisions that meet the TRIPS requirements are to be 
provided for in the Civil Proc edure Code (expected to be 
promulgated in 2004). 
 
Provide for appeals to judicial bodies of final administrative decisions and of at least the legal 
aspects of initial judicial 
decisions on the merits of a case. Article 41.4. The Ordinance 1989 on procedures for judgment of civil cases, the 
Criminal Proceedings Code, the Ordinance on judgment of administrative cases have provisions on levelled jurisdiction of judgment 
of appeal, and of at least the legal aspects of initial sentences judicial 
decisions. Particularly, there are provisions on procedures of appeal for initial sentences and decisions. The draft of Civil Proceeding Code 
provides the principles of two-level judgments divided into applied for 
civil cases.  
According to the Ordinance on th e procedures of judgment of 
administrative cases and the Appeal  and Denounce Law, administrative 
decisions on judgment of IPR infringements may be secondly appealed 
either at superior administrative authority or at the administrative Court, 
depending on the choice of the plaintiff.  The prevailing laws and regulations basically meet the TRIPS 
requirements.  
Civil and administrative Procedures and Remedies  
Provide a procedure that allows 
plaintiffs to bring an action for 
infringement; requires that 
defendants be notified; permits Civil Code ( Section 762.1.b and  Section 796.1.c): 
The intellectual property right owners have the right to require the State 
competent authorities to force the persons who infringe their rights to 
stop that infringements and pay for damages; The parties have equitable The prevailing laws and regulations basically meet the TRIPS 
requirements. 
Provisions on measures of  protection of confidential 
information are to be provided for in the Civil Procedure Code  
  WT/ACC/VNM/21/Rev.2
 Page 29TRIPS Agreement Viet Nam 
Citation to related laws and regulations  Note 
Compliance/Action plan  
both side to present evidence in 
support of their position; and 
protects confidential information. Article 42. rights to provide evidences, to propose and discuss concerning matters 
(Sec. 20.2 of the Ordinance 1989 on procedures for judgment of civil 
cases).  
The procedures of handling of IPR infringements are provided for in the 
following legal instruments: - The Ordinance on procedures for judgment of civil cases; 
- The Decree No.  12/1999/ND-CP; 
- The Circular 825/2000/TT-BKHCNMT.  (expected to be promulgated in 2004). 
Authorize judges to order 
production of evidence necessary 
to substantiate a party's claims 
where that party has been unable to obtain such evidence from the 
opposing party. Article 43.1. The Ordinance 1989 on procedures fo r the judgment of civil cases (Sec. 
41.7) has general provisions on the competence of the Court in 
compelling parties to commit certain acts. Detailed provisions on the competence of the Court to force 
the parties to provide the necessary evidences are to be 
provided for in the Civil Proc edure Code (expected to be 
promulgated in 2004). 
Authorize judges to enjoin a defendant, except the 
Government, from infringing 
intellectual property rights. Article 44.1 Civil Code 1995 (Sec. 796.1.c) and Decree No.  63/CP: 
The industrial property right owners have the right to require the State 
competent authorities, including the Court, to force the person who 
infringes their rights to stop that infringing acts and pay for damages. The prevailing provisions are basically in conformity with the 
requirements of th e TRIPS Agreement. 
Detailed provisions on the proced ures of enforcement of the 
right to require the suspension of infringing goods are to be promulgated in the Civil Procedure Code (expected to be 
promulgated in 2004). 
Authorize judges to order the 
payment of monetary damages adequate to compensate for the 
injury done by the infringement. 
Article 45.1 Civil Code 1995 (Sec. 796.1.c) and Decree No.  63/CP: 
The industrial property right owners have the right to require the State 
competent authorities, including the Court, to force the person who 
infringes their rights to stop that infringing acts and pay for damages. 
 Civil Code 1995 ( Section 310): 
The liability for material damages is to compensate the real material 
losses of the plaintiff, which can be assessed in monetary value, consisting of expenses for prevention and restriction of damages, loss or 
deficit of income. The prevailing laws and regulations basically meet the TRIPS 
requirements. Detailed provisions on compensation for damages are to be 
promulgated in a Decree No.  on administrative remedies in 
the field of intellectual property (expected to be promulgated in 2004).  
Detailed provisions on the proced ures of enforcement of the 
right to require the compensation for damages are to be promulgated in the Civil Procedure Code (expected to be 
promulgated in 2004). 
Authorize judges to order 
infringer to pay right holders enforcement costs and recovery 
of profits and/or statutory 
damages. Article 45.2. Civil Code 1995 (Section 310): 
The liability for material damages is to compensate the real material losses of the plaintiff, which can be assessed in monetary value, 
consisting of expenses for prevention and restriction of damages, loss or 
deficit of income.   The prevailing laws and regulations basically meet the TRIPS 
requirements. Detailed provisions on examination and levels of 
compensation for damages are to be promulgated in a Decree 
No.  on administrative remedies in the field of intellectual property by the end of 2004).  
 WT/ACC/VNM/21/Rev.2 
Page 30 TRIPS Agreement Viet Nam 
Citation to related laws and regulations  Note 
Compliance/Action plan  
Authorize additional remedies 
including seizure of infringing 
goods, and the materials and implements the predominant use 
of which is infringement. Article 
46. There are not detailed provisions yet. Detailed provisions on the additional remedies through the 
judicial procedures are to be promulgated in a Decree No.  on 
administrative remedies in the field of intellectual property (expected to be promulgated by the end of 2004). 
Authorize indemnification of defendant, including attorney's 
fees in the event of abuse by 
plaintiffs. Article 48.1. There are not detailed provisions ye t. Detailed provisions authorising judges to order the plaintiff to 
compensate the defendant the damages in case the plaintiff 
abuse the procedures of enforcement are to be promulgated in 
a Decree No.  on administrative remedies in the field of intellectual property (expected to be promulgated in the end of 
2004) or the Civil Procedures Code (expected to be 
promulgated in 2004). 
Exempt public authorities and officials from ability in 
connection with the 
administration of intellectual 
property laws only where the 
actions are taken or intended in good faith within the scope of the 
relevant authority. Article 48.2. There is no provision on the exemp tion of public authorities and officials 
from legal liability in case their implementation acts are taken in bad 
faith.  
Ensure that administrative 
remedies conform to the principles in the preceding 
Articles. Article 49. Decree No.  12/1999/ND-CP and Circular 825/2000/TT-BKHCNMT: 
Administrative remedies of industrial property right infringements can be applied.  These provisions are consistent  with the TRIPS requirements. 
However, some short comings have been identified and they are expected to be amended in late  2004. 
Provisional measures  
Authorize judges to grant 
temporary restraining orders and provisional relief to prevent 
infringement and to preserve 
evidence. Article 50.1. The Ordinance on procedures for the judgment of civil cases (Sec. 41) 
provided that the competent Court is entitled to impose the temporary restraining measure to "prohibit or force a party to commit certain acts" 
in order to solve urgent requests of the party or to preserve evidences. The prevailing laws and regulations basically meet the TRIPS 
requirements. Detailed provisions on the temporary measures are to be 
promulgated in joint Circulars guiding the judgment of IPR 
cases.  
Authorize judges to require the complaining party to indemnify 
the defending party against harm 
if the decision on the merits finds the provisional relief unjustified. 
Article 50.3. There are not provisions yet for industrial property. Detailed provisions on the obligations of the plaintiff in 
indemnifying the defendant against harm in case the 
provisional relief unjustified are to be promulgated in the Civil 
Procedures Code (expected to be promulgated in 2004).  
  WT/ACC/VNM/21/Rev.2
 Page 31TRIPS Agreement Viet Nam 
Citation to related laws and regulations  Note 
Compliance/Action plan  
Provide for notice, for formal 
action by the plaintiff after 
temporary restraining orders, etc. Article 50.4. The Ordinance 1989 on procedures for judgment of civil cases (Sections 
41 and 42) provided as mentioned. The prevailing laws and provisions are consistent with TRIPS 
requirements. 
Border measures  
Provide for suspension of release 
by customs authorities of goods 
suspected of bearing a counterfeit trademark or of being a piratical 
copyrighted work, either at the 
request of a right holder. Members are authorized to extend 
such protection to holders of other 
forms of intellectual property. Article 51. Law on Customs 2001 (Section57) 
Customs Offices shall suspend the cl earance procedures in respect of 
export and import goods allegedly infringing intellectual property rights. Civil Code (Sec. 796.1.c) and Decree No.  63/CP (Sec. 36):  
The right holders have the right to require the State competent 
authorities, including Customs Offices, to force the infringer to stop infringing acts, including the importation of infringing goods.   The prevailing law and regulati ons basically meet the TRIPS 
requirements. 
Detailed provisions on the implementation of these procedures are to be promulgated in joint Circular on border measures for 
industrial property (expected to be promulgated by the end of 
2004). 
Require right holders initiating 
border measures to provide 
evidence of a prima facie 
infringement and a description of 
the goods sufficient for customs authorities to recognize them. The 
right holder must be notified 
within a reasonable time is action will be taken on his behalf. 
Article 52. There are not detailed provisions yet for industrial property. Detailed provisions on the implementation of these procedures 
are to be promulgated in joint Circulars on border measures 
for industrial property (expected to be promulgated by the end 
of 2004). 
Authorize authorities to require 
the right holder requesting border measures to post a bond sufficient 
to protect the defendant and to 
prevent abuse. Article 53. There are not detailed provisions yet for industrial property. Detailed provisions on the implementation of these procedures 
are to be promulgated in joint Circulars on border measures 
for industrial property (expected to be promulgated by the end 
of 2004). 
Requires prompt notification of 
the right holder and the importer 
when action under Article 51 is 
taken. Article 54. There are not detailed provisions yet for industrial property. Detailed provisions on the implementation of these procedures 
are to be promulgated in joint Circulars on border measures 
for industrial property (expected to be promulgated by the end 
of 2004). 
Requires that customs authorities be notified within a maximum of 
20 days of the receipt of notice The Ordinance 1995 on procedures for judgment of administrative 
violations (Sec. 41) : 
The time limit for suspension of release of goods is 15 days.  Detailed provisions on the implementation of these procedures 
are to be promulgated in joint Circulars on border measures 
for industrial property (expected to be promulgated by the end  
 WT/ACC/VNM/21/Rev.2 
Page 32 TRIPS Agreement Viet Nam 
Citation to related laws and regulations  Note 
Compliance/Action plan  
that proceedings on the merits 
have begun or the suspension is to 
be revoked. Article 55. Decree No.  16/CP (Sec. 20): 
Time limit may be extended for additional 15 days in complicated cases 
or cases related foreigners. The Cu stoms Offices themselves are the 
competent authorities who make decisions the merits of the cases under 
administrative procedures. of 2004). 
Authorities must be authorized to 
require the right holder to compensate the importer or owner 
of the goods subject to border 
measures if goods were wrongfully detained or if 
proceedings leading to a decision 
on the merits are not begun within the allotted time. Article 56. The Ordinance 1995 on procedures for judgment of administrative 
violations:  
The Customs Offices are entitled to impose the compensation of 
damages up to 1 millions VND. The damages over 1 millions VND are compensated through civil proceedings. Detailed provisions on the authority of imposing compensation 
of damages of the owner of goods or the importer are to be promulgated in joint Circulars on border measures for 
industrial property (expected to be promulgated by the end of 
2004). 
Right holders must be allowed to 
inspect the detained goods in 
order to substantiate the right 
holder's claims. Importers must be 
given similar authority. Members may give the right holder the 
names and addresses of those 
involved in the importation when infringement is found to exist. 
Article 57. There are not detailed provisions for industrial property. De tailed provisions on the implementation of these procedures 
are to be promulgated in joint Circulars on border measures 
for industrial property (expected to be promulgated by the end 
of 2004). 
Establishes the conditions that 
must be in place if customs authorities are authorized to act 
ex officio, including the ability to 
ask the right holder for information at any time; the 
requirement to notify the importer 
promptly of the suspension; and the requirement that public 
officials be liable if they act in 
bad faith. Article 58. The Ordinance 1995 on procedures for judgment of administrative 
violations: The Customs Offices are entitled to seizure or handle illegal imports on 
their initiative. 
The prevailing laws and regulations do not provide for exemption of public officials in case their acts are taken in bad faith. Detailed provisions on such authority and obligation are to be 
promulgated in joint Circulars on border measures for industrial property (expected to be promulgated by the end of 
2004). 
Competent authorities must be 
able to order destruction or The Decree No.  12/1999/ND-CP and the Circular 825/2000/TT-
BKHCNMT: Detailed provisions not permitting re-export of the infringing 
goods in certain cases are to be promulgated in joint Circulars  
  WT/ACC/VNM/21/Rev.2
 Page 33TRIPS Agreement Viet Nam 
Citation to related laws and regulations  Note 
Compliance/Action plan  
disposal other than by re-export 
of infringing goods where 
appropriate. Article 59. The competent authorities are entitled to impose the measure of 
destruction or other measures for infringing goods. on border measures for industrial property (expected to be 
promulgated by the end of 2004). 
Members are authorized to except 
from border measures small 
quantities of infringing goods of a 
non-commercial nature carried in personal luggage or shipped in 
small consignments. Article 60. Decree No.  63/CP (Sec. 34): 
The acts of importation w ithout commercial purpos es are not considered 
as industrial property right infringements.   
The criminal procedures 
Provide criminal procedures and 
penalties, sufficient to act as a deterrent, for wilful trademark 
counterfeiting or copyright piracy 
on a commercial scale. authorizes extension of criminal actions to 
other forms of intellectual 
property where infringements are wilful and on a commercial scale. 
article 61. The Criminal Code 1999: 
The crime of copyrights infringements (Sec. 131),  The crime of producing and trading counterfeiting goods (Sec. 156),  
The crime of deceiving consumers (Sec. 162) 
The crime of untruthfully advertising (Sec. 168) The crime of industrial property  right infringements (Sec. 171). The prevailing laws and regulations do meet the TRIPS 
requirements. 
  
 WT/ACC/VNM/21/Rev.2 
Page 34 Annex to the TRIPS Action Plan 
Review of the Implementation of Viet Nam's Action Plan towards 
complying with the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS) 
(1996-Feb/2004)  
 
WTO requirements under the 
TRIPS Agreement State of Viet Nam's IP system at the 
point of filing application for WTO 
accession (1996) 1996 Action Plan Current State of 
Viet Nam's IP system 
(as of Feb 2004) Action Plan 
for 2003-2004 
(1) (2) (3) (4) (5) 
A. LEGISLATION 
I. General provisions      
1. Reciprocal protection of 
intellectual property:  
 WTO Members shall accord to 
each country's nationals the 
adequate and highly effective protection and enforcement in 
principles of the national 
treatment and most-favored 
nation treatment. Intellectual property rights (IPRs) of 
foreigners are protected in accordance 
with international treaties that Viet Nam has signed or acceded (Articles 
836, 837 of the Civil Code). 
Therefore, IPRs of WTO Member's nationals shall be protected when Viet 
Nam accesses to WTO.     
2. Required protectable 
subject matters (including those required by the Paris Convention 
cited in TRIPS): 
 - Copyrights and related 
 rights; 
- Geographical indications,  including the Appellations 
 of origin; 
- Trademarks; -  Industrial designs; 
-  Inventions; 
-  Utility models; -  Plant varieties; 
-  Layout designs of 
 integrated circuits; -  Trade secrets; Protectable subject matters: 
- Copyrights and related rights; -  Appellations of origin; 
-  Trademarks; 
-  Industrial designs; -  Inventions; 
-  Utility solutions (including 
 utility models);  
 
Shortcomings: Provisions on the protection of some 
industrial property matters are not 
available: -  Geographical indications; 
-  New plant varieties; 
-  Layout designs of integrated circuits; Supplement Government 
Decree No. s pr oviding for the 
protection of "other industrial 
property subject matters" 
(stated in Article 780 of the Civil Code) The IP system meets the requirement 
of adequacy.  All subject matters provided for under TRIPS are 
protected: 
 - Copyrights and related rights; 
- Geographical indications; 
-  Appellations of origin; -  Trademarks; 
-  Industrial designs; 
-  Inventions; -  Utility solutions (including utility 
 models); 
-  Plant varieties; -  Layout design of integrated 
 circuits; 
- Trade secrets; - Trade names;   
  WT/ACC/VNM/21/Rev.2
 Page 35WTO requirements under the 
TRIPS Agreement State of Viet Nam's IP system at the 
point of filing application for WTO 
accession (1996) 1996 Action Plan Current State of 
Viet Nam's IP system 
(as of Feb 2004) Action Plan 
for 2003-2004 
(1) (2) (3) (4) (5) 
-  Rights against unfair 
 competition. 
 -  Trade secrets; 
-  Trade names; 
-  Right against unfair competition.  - Right against unfair competition.  
3. National Treatment:  
 Article 3 of TRIPS and its third 
note provides that each member 
shall accord to nationals of other members' treatment not less 
favorable than that it accords to 
its nationals with regard to the protection of IPRs, including 
matters affecting the availability, 
acquisition, scope, maintenance and enforcement of intellectual 
property rights. The same provisions on the protection 
of IPRs were applied to Vietnamese and foreigners except for some 
provisions regarding the procedures. 
  
Shortcomings: 
Circular 23 TC/TCT dated 9 May 1997 of the Ministry of Finance 
guiding the collection, payment and 
management of industrial property charges and fees provides that charges 
and fees for foreigners are higher than 
that for Vietnamese.  
  
 
  
Amend the Circular  23 
TC/TCT dated 9 May 1997 of the Ministry of Finance toward 
the one price policy for 
Vietnamese and foreigners  
  
 
  
Current state re mains unchanged 
because Viet Nam has not completed the 1996 Action plan  
  
 
  
(Continue the 1996 Action 
plan) 
  
 WT/ACC/VNM/21/Rev.2 
Page 36 II. Criteria for the protection     
1. Copyrights and related 
 rights 
 TRIPS Agreement requires 
Members to comply with 
standards of the Berne Convention and elaborate or 
amend specific obligations 
concerning the protection for computer programs and 
databases or compilation of data 
and at the same time requires Members to comply with the 
protection standards as for 
related rights as provided for in Article 14.  
 
 In general, provisions on the 
copyrights and related rights conform 
to the Berne Convention and TRIPS Agreement. 
 
Shortcomings: Vietnamese legal system did not 
cover the following corresponding 
provisions of TRIPS Agreement: specific provision on the protection of 
computer programs and compilations 
of data (Article 10); provision on the term of protection for performers 
(Article 14, par. 1); provision on the 
rights to fix and broadcast television programs to the public (Article 14 
par. 3); provision on rental rights of 
phonograms (Article 14, par. 4); 
provision on the right to 
communication of the dramatic or dramatico-musical, musical  works to 
the public (Article 9 par. 1); 
Article 774 and Article 776 of the Civil Code 1995 deprive authors of 
their rights to their published works 
concerning the performance of dramatic, dramatico-musical or 
musical works and fixation of musical 
works that is contrary to the requirement in Article 9, par.1 of 
TRIPS Agreement.  
 
  
 
  
 
 Amend Government Decree 
No.  76/CP dated 29/11/1996 
on copyrights, inter alia amending the provisions 
concerning the application of 
international treaties and some other contents.  
 
  
 
  
 
 The state remains unchanged because 
the 1996 Action plan has not been 
completed.  
 
  
 
  
 
 (Continue the 1996 Action 
Plan) 
2. Trademarks including 
 service marks  
Trademarks shall be protected in 
accordance with standards as  
  
Provisions on trademarks have 
conformed to Paris Convention (Viet  
  
 
  
  
Provisions on the protection of 
trademark meet the requirements of  
  
 
  
  WT/ACC/VNM/21/Rev.2
 Page 37provided for in Paris Convention 
for the Protection of Industrial 
Property and TRIPS.   
Note:   
- Par. 1 of Article 16 of TRIPS Agreement states: "The 
owner of a registered trademark 
shall have the exclusive right to prevent all third parties not 
having the owner's consent from 
using in the course of trade identical or similar signs for 
goods or services which are 
identical or similar to those in respect of which the trademark is 
registered where such use would 
result in a likelihood of confusion.  In case of the use of 
an identical sign for identical 
goods or services, a likelihood of 
confusion shall be presumed". 
- Pars. 2 and 3 of Article 16 of TRIPS Agreement required to 
protect well known marks in line 
with Article 6
bis of Paris 
Convention against the 
unauthorized registration, 
including the use for not similar goods and services. Nam has been a member since 1949) 
and Viet Nam basically meets the 
requirements of TRIPS Agreement.  
 
Shortcomings: - The scope of protection is 
narrower than that of TRIPS 
Agreement: according to Article 53.1 and Article 34.3 of Government 
Decree No.  63/CP on the detailed 
provisions on industrial property, acts constituting the infringement of 
existing rights of registered 
trademarks include the use without prior authorization of right holders. 
 
- The right of well known trademarks is limited to the protection 
against the unauthorized registration 
accordance to Article 6.1 of 
Government Decree No.  63/CP dated 
24 October 1996 on the detailed regulations on industrial property.     
 
  
 
 Amend Government Decree 
No.  63/CP dated 24 October 
1996 on the detailed regulations on industrial 
property, with a view to: 
 - broadening the scope of 
protection of registered 
trademarks;  
- adding provisions on the 
protection of well known trademarks. TRIPS (Government Decree No.  
63/CP dated 24 October 1996 was 
amended by Government Decree No.  06/2001/ND-CP dated 1 February 
2001). 
Shortcomings: Regulations on the protection of well 
known trademarks have not been 
elaborated with regard to the procedures for recognition of well 
known trademarks and criteria for 
assessment of well known status.  
 
  
 
 Promulgate a Circular of the 
Ministry of Science and 
Technology on detailed procedures for recognition 
of well known trademarks 
and criteria for assessment of well known status. 
3. Geographical indications, 
including Appellations of origin 
 Article 22 of TRIPS Agreement 
requires to protect geographical 
indications in general, inter alia Appellations of origin.   Geographical indications was not 
fully protected in contrast to TRIPS: 
according to Article 7.2 of Government Decree No.  63/CP dated 
24 October 1996 on detailed 
regulations on industrial property, only a kind of geographical 
indications was protected, that is 
Appellations of origin; other geographical indications that were not Promulgate legislation on the 
protection of geographical 
indications by a Government Decree No.  and a Circular of 
the Ministry of Science, 
Technology and Environment guides the implementation of 
the Decree No. . Regulations on the protection of 
geographical indications (including 
Appellations of origin) conform to TRIPS. 
 
(- Government Decree No.  63/CP  dated 24 October 1996 provides the 
protection of the Appellations of 
origin;   
 
  
 
  
 
   
 WT/ACC/VNM/21/Rev.2 
Page 38 geographical names, including the 
signs taking on the symbol of a 
country, locality where goods  originate were not protected.     - Government 54/2000/ND-CP 
dated 3 October 2000 on the 
protection of business secrets, geographical indications, trade names 
and protection against industrial 
property-related unfair competition)  
Shortcomings: 
Regulations on the protection of geographical indications are new and 
not clear and lack guidelines for 
implementation so it is difficult to put them into practice.  
 
  
 
  
Promulgate a Circular 
guiding the implementation of regulations on 
geographical indications in 
Government Decree No.  54/2000/ND-CP dated 
3 October 2000. 
(Continue the 1996 Action Plan) 
4. Industrial designs:  
 
Industrial designs shall be protected as provided for in the 
Paris Convention for the 
Protection of Industrial Property 
and TRIPS. 
 Note: 
Article 26.1 of TRIPS states: 
"The owner of a protected industrial design shall have the 
right to prevent third parties not 
having the owner's consent from making, selling or importing 
articles bearing or embodying a 
design which is a copy, or substantially a copy, of the 
protected design, when such acts 
are undertaken for commercial purposes".   
Regulations on the protection of 
industrial designs conformed to the Paris Convention (Viet Nam has 
became a member si nce 1949) and in 
general, met TRIPS requirements. 
 
  
Shortcomings: 
The scope of protection of industrial designs is narrower than that required 
by TRIPS: according to Article 53.1 
and Article 34.2 of Government Decree No.  63/CP dated 24 October 
1996 on detailed regulations on 
industrial property , acts constituting 
the infringement of existing rights of 
registered industrial designs include 
the use without prior authorization of right holders.  
 
  
 
 
 
  
Amend Government Decree 
No.  63/CP dated 24 October 1996 on detailed regulations 
on industrial property in order 
to broaden the scope of protection.  
Regulations on the protection of 
industrial designs meet the requirements of TRIPS. 
 
 
 
  
(Given Government Decree No.  
63/CP dated 24 October 1996 on detailed regulations on industrial 
property and amended by Government 
Decree No.  06/2001/ND-CP dated 1 February 2001).  
5. Inventions, utility models 
Inventions shall be protected as 
standards provided for in the  
Regulations on inventions and utility 
solutions conformed to Paris  
 
  
 
  
 
  
  WT/ACC/VNM/21/Rev.2
 Page 39Paris Convention for the 
Protection of Industrial Property 
and TRIPS.  
 
Note: - Article 27 of TRIPS 
requires the patents shall be 
available for inventions in all fields of technology, including 
micro-organisms. 
 - Requirements for the 
protection of existing inventions: 
Article 70.2 of TRIPS requires each Member shall apply all 
provisions of TRIPS for subjects 
that meet following criteria:  existing on the date of 
application of this Agreement 
for the Member in question, and 
which is protected in that 
Member on the said date, or which meets or comes 
subsequently to meet the criteria 
for protection under the terms of TRIPS.  Convention (Viet Nam has became 
the member since 1949) and in 
general, meet the requirements of TRIPS. 
 
 Shortcomings: 
Micro-organisms are protected by the 
Viet Nam's existing regulations on patents (excluding from the list that is 
not protected as inventions according 
to Article 4 of Decree No.  63/CP dated 24 October 1996 on detailed 
regulations industrial property). 
However, there are no specific regulations on the formality of 
applications, guidelines for 
examination and procedures for deposit of micro-organisms and not in 
necessary technical conditions to 
conduct examination of applications 
for micro-orgasms. 
 - According to Article 69.2 of 
Government Decree No.  63/CP dated 
24 October 1996 on detailed regulations on industrial property, 
patents that were granted on the 
ground of former legal system will continue to exist to the end of term of 
protection, that is, the end of 15 years 
from the priority date of applications, not the end of 20 years from filing 
date of applications as newly 
provided for in Government Decree No.  63/CP towards the compliance 
with TRIPS.  
 
  
 
 Promulgate regulations (a 
Circular) of the Ministry of 
Science, Technology and Environment on the formality 
of applications for micro-
organisms and procedures for deposit of micro-organisms to 
serve the examination of 
applications.  
- Amend Government 
Decree No.  63/CP dated 24 October 1996 so as to extend 
the term of protection up to 20 
years for inventions protected 
on the ground of the old legal 
system.  
 
  
 
 Regulations on applications for 
microorganisms inventions and the 
examination thereof have been promulgated in Circular 30/2003/TT-
BKHCN of 5 Nov.2003 of the 
Ministry of Science and Technology.  
 
  
 
 
6. Plant varieties: Par.3 of Article 27 of TRIPS requires Members to provide for  
Plant varieties were not protected by patents (falling within the list not to  
Promulgating regulations on the protection of new plant  
Plant varieties are protected by UPOV-like system with specific  
   
 WT/ACC/VNM/21/Rev.2 
Page 40 the protection of plant varieties 
either by patents or by an 
effective sui generis system.   be protected as inventions according 
to Article 4.4 of Government Decree 
No.  63/CP dated 24 October 1996 on the detailed regulations on industrial 
property). 
 Shortcomings: 
Certificate regime for creators of 
plant varieties (Government Decree No.  31/CP (1981) on innovations, 
inventions; Circular 01/NN-KCM 
(1994) guiding the awards for creators of plant varieties, animal species; 
Joint Circular 1608/NN/UBKHKTNN 
dated 23 December 1982 on the registration and the protection of plant 
variety inventions; Government 
Decree No.  07/CP (1996) on the management of plant varieties) was 
not an effective system because it did 
not encourage the creation activates: 
the rights of authors of plant varieties 
arose on the ground of the grant of certifications for plant varieties with 
the term of 15 years from the filing 
date, including the moral right and right to receive the awards at the low 
level (of symbolic value); State 
reserved the exclusive rights to plant varieties.   varieties as required by UPOV 
Convention: 
- Government Decree No.  on the protection of new plant 
varieties; 
- Circular of the Ministry of Agriculture and Rural 
Development guiding the 
implementation of the said Decree No. .  regulations on procedures for 
establishment of rights. 
 - Government Decree No.  
13/2001/ND-CP dated 20 April 2001 
on the protection of new plant varieties;  
- Circular 119/2001/TT-BNN 
guiding the implementation of Government Decree No.  
13/2001/ND-CP dated 20 April 2001; 
- Circular 92/2002/TT-BTC dated 18 October 2002 of the Ministry of 
Finance on the collection, payment, 
management and use of charges for the examination, provision of 
information and service and fees for 
registration, grant, publication and maintenance of registration 
concerning new plant varieties; 
- Rules for DUS test for plant 
varieties) 
 Shortcomings: 
 
Now, only 5 genera are protected whereas TRIPS requires the protection 
shall be granted to all species 
(belonging to all genera) and UPOV provides Members are entitled to limit 
to only 15 genera which shall be 
protected within 10 transitional years from the date of entry into UPOV.  
 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
 Broaden the list of protected 
genera (from 5 to 15) 
7. Layout designs of integrated circuits 
 TRIPS sets out the standards for 
the protection of layout designs 
of integrated circuits (IC) in Article 35 through Article 38.  
Viet Nam did not have legislation on 
the protection of IC  as required in 
Article 35 through Article 38 of 
TRIPS.  
Issue new legal documents 
incorporating regulations on the protection of IC: 
 
- Government Decree on the protection of IC;  
Regulations on the protection of IC 
conform to requirements of TRIPS. (Government Decree 
No. 42/2003/ND-CP dated 2 May 
2003 on the protection of IC)   
 
 Issue regulations (Circular) 
of the Ministry of Science 
and Technology guiding the implementation of  
  WT/ACC/VNM/21/Rev.2
 Page 41 
- Circular of the Ministry 
of Science, Technology and Environment guiding the 
implementation of the Decree.  
Shortcomings: 
Specific provisions are not available, especially those concerning the 
procedures for establishment of rights 
of IC. Government Decree 
No. 42/2003/ND-CP dated 
5 May 2003. (Continue 1996 Action Plan). 
8. Undisclosed information, including trade secrets and test 
data 
 TRIPS requires to protect 
undisclosed information 
(including trade secrets and test data) in accordance with the 
protection against unfair 
competition as provided in Article 39.   
 
 
Viet Nam did not have legislation on the protection of undisclosed 
information (including trade secrets 
and test data) as stated in Article 39 of TRIPS.  
 
 
Issue new legal documents on the protection of undisclosed 
information: 
 - Government Decree No.  
on the protection of business 
secrets, geographical indications for goods, trade 
names and the protection 
against industrial-related unfair competition; 
- Circulars of the Ministry 
of Science, Technology and 
Environment, the Ministry of 
Agriculture and Rural Development and the Ministry 
of Public Health guiding the 
implementation of the Decree.  
 
 
Legislation on the protection of undisclosed information conforms to 
TRIPS. 
(Government Decree No.  54/2000/ND-CP dated 3 October 2000 
on the protection of business secrets, 
geographical indications, trade names and the protection against industrial 
property-related unfair competition). 
  
Shortcomings:  
Regulations on the protection of 
undisclosed information are new and 
not clear and lack guidelines for implementation so it is difficult to put 
them into practice.  
 
 
Issue Circulars guiding the implementation of 
Government Decree No.  
54/2000/ND-CP dated 3 October 2000 on the 
protection of undisclosed 
information.   
 
  
(Continue 1996 Action 
Plan) 
II. Enforcement  
 
TRIPS requires the effective 
enforcement of IPRs through civil, criminal and administrative 
remedies and procedures, 
including the border control measures as provided in Part III 
of the Agreement.  The enforcement of IPRs followed the 
general procedures for enforcement of 
laws and regulations. 
 Shortcomings: 
Lacking specific provisions guiding 
the enforcement of, ci vil, criminal and 
administrative remedies and 
procedures with regard to the 
infringing acts of IPRs as required in Part III of TRIPS. Promulgate new legal 
documents covering 
regulations on and civil, 
criminal and administrative remedies and procedures with 
regard to infringement of IPRs: 
 - Regulate (Joint Circulars 
among People's Supreme 
Court, People's Supreme Organ of Control and the 
Ministry of Culture and 
Information/the Ministry of Besides general procedures for 
enforcement of laws and regulations, 
there are specific remedies and 
criminal and administrative procedures for infringement of IPRs: 
 
- Criminal Code 1999; - Government Decree No.  
12/1999/ND-CP dated 6 March 1999 
on the handling of violation of administrative regulations in the field 
of industrial property; 
- Circular 825/2000/TT-Promulgate new legal 
documents on enforcement 
of IPRs (Continue 1996 
Action Plan) and perfect the existing following 
regulations: 
- Civil Procedures Code; - Joint Circular between 
People's Supreme Court, 
People's Supreme Organ of Control and the Ministry of 
Science and Technology 
guiding the proceedings of  
 WT/ACC/VNM/21/Rev.2 
Page 42 Science, Technology and 
Environment) the proceedings 
of cases concerning infringement of IPRs; 
 
- Criminal Code; - Government Decree No.  
on the handling of 
infringement of administrative regulations in the field of 
industrial property; 
- Regulate (Joint Circulars among General Department of 
Customs, the Ministry of 
Culture and Information/ the Ministry of Science, 
Technology and Environment) 
border control measures and procedures of handling of 
infringing cases concerning 
copyrights and related rights in 
export and import activities; 
- Regulate (Joint Circulars among the Ministry of Trade 
and the Ministry of Culture 
and Information/ the Ministry of Science, Technology and 
Environment) the market 
control measures and procedures for handling of IPR 
infringing cases in production, 
trade and service supply activities.  BKHCNMT dated 3 May 2000 of the 
Ministry of Science, Technology and 
Environment guiding the implementation of Government 
Decree No.  12/1999/ND-CP amended 
by Circular 49/2001/TT-BKHCN dated 14 September 2001; 
- Law on Customs 2001; 
- Joint Circular 57/2003/TTLT-BVHTT-BTC of 17 Oct.2003 between 
Ministry of Culture and Information 
and Ministry of Finance guiding the protection of copyrights in Customs 
offices; 
 Shortcomings: 
Specific regulations on remedies and 
procedures for handling of infringement of IPRs are inadequate 
and shortcomings of newly issued 
administrative procedures have been 
found. cases concerning IPRs; 
-  Amend Government 
Decree No.  12/1999/ND-CP dated 6 March 1999 on 
the handling of violation of 
administrative regulations in the field of industrial 
property and its guiding 
Circulars; -  Regulate (Joint 
Circular between Ministry 
of Finance and the Ministry of Science and Technology) 
border control measures and 
procedures of handling of infringement of industrial 
property rights in export 
and import activities;   -  Joint Circulars 
between the Ministry of 
Trade and the Ministry of 
Culture and Information/ 
the Ministry of Science and Technology on the market 
control measures and 
procedures for handling of infringement of IPRs in 
production, trade and 
service supply activities. 
B. CAPACITY FOR ENFORCING LAWS AND REGULATIONS  
1. Procedures for right 
acquisition 
 Part IV of TRIPS requires the 
simple and expeditious 
procedures for acquisition and The organizational structure of 
registration offices is similar to 
popular structure in the world.  
Shortcomings:  
The capacity of registration offices - Consolidate and 
strengthen the capacity of IPRs 
registration offices (mainly industrial property office) 
towards: (i) automate 
professional activities; (ii) re-The situation has not been notably 
improved, except for the automation 
of administration of industrial property as the result of JICA-
sponsored project. 
   
  WT/ACC/VNM/21/Rev.2
 Page 43maintenance of IPRs. 
 
   
 
  
 
  
 
  
 
  
 
2. Enforcement agencies  
Part III of TRIPS requires 
timely, effective, fair and simple 
enforcement procedures. 
  
 
  
 
  
 
  
 
  
 
 3. General public awareness 
 (especially for industrial property 
rights) did not match against those of 
advanced countries in the world, thus not ensuring the high-quality 
procedures.   
  
 
  
 
  
 
  
 
The general enforcement agencies are also responsible for enforcement of 
IPR. 
   
Shortcomings: 
- This is cumbersome and bureaucratic system whose agencies 
had overlapping functions and not 
well coordinated;  
- The capacity (human resource 
and equipment) of enforcement agencies is not on a par with those of 
other countries in the world. 
  
 
  
 
 The awareness of IP of general public 
is still low. Training and IP law train staff; (iii) distinguish the 
state administration function 
(right establishment) and services supply function, 
including information service 
and consulting service; - Set up industrial property 
information network.   
  
 
  
 
  
 
- Review the structure of enforcement competent 
agencies and propose new 
structure towards: (i) establish 
separated courts responsible 
for industrial property/copyright matters in 3 
or 5 regions, locating in major 
cities (Hanoi, Hai Phong, Da Nang, Ho Chi Minh); (ii) 
concentrate enforcement 
function into 2 agencies, that is customs – border control and 
market control office – 
domestic market control; - Strengthen the capacity 
(equipment, techniques and 
staff) for enforcement agencies; 
 
 - Organize research and 
training agencies; developing  
 
  
 
  
 
  
 
  
 
  
 
The situation has not been notably improved, except for the automation 
of administration of industrial 
property as the result of 
JICAsponsored project. 
 
 
 
  
 
  
 
  
 
  
 
  
  
 WT/ACC/VNM/21/Rev.2 
Page 44 outreach activities were kick-started 
but falling short of systematic 
approach and proper scale. The activities of natural and legal persons 
are spontaneous and the IP social 
organizations had not been established. regular IP training schedules to 
develop human resource for IP 
system; expediting training programs for critical units that 
still lack professional staff, 
especially focusing on the enforcement staff; 
disseminating IP laws in order 
to raise public awareness.     
 
The situation has been improved though fallen short of desired state. 
 
  
 
 
 
__________ 