Documents Required
  1. A simply signed and sealed Power of Attorney which does not require notarization and legalization. Original signed POA shall be submitted within 1 month from filing date;
  2. The applicant’s complete name and address;
  3. List of goods/services to be covered by the trademark;
  4. Representation of trademark;
  5. If priority is claimed, a certified copy of the priority document must be translated into Vietnamese and may be provided within three months from the filing date.
Procedure / Time Frame

Under Vietnam’s current practice, the estimated time frame from the filing of an application to the issuance of Registration Certificate for a smooth trademark application is approximately 16 to 18 months.

Validity / Renewal

A trade mark is valid for 10 years from its date of registration. It may be renewed indefinitely every 10 years. A renewal application shall be filed within 6 months prior to the expiry date of the trade mark. A grace period of 6 months may be granted after the expiry date.

Legal Basis (I.e., Trademarks Act 2019)

Law No. 50/2005 of 29 November 2005 on Intellectual Property, amended and supplemented in 2022 (Vietnam IP Law).

Filing Requirement / Documents Required

"Direct National Application:-

  1. Filing form request for the grant of a patent;
  2. Applicant's name and address;
  3. Inventor's name and address;
  4. A specification comprising a description, claims and any necessary drawings;
  5. 5. the country and filing particulars of basic application whose priority is claimed;
  6. Form for the appointment of patent agent; and
  7. A statement justifying how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment.

PCT National Phase Application:-

  1. A copy of the PCT application in English language (i.e. PCT/RO/101);
  2. The details of the PCT application as published by WIPO;
  3. PCT specification as originally filed;
  4. International Preliminary Report on Patentability;
  5. Amendments filed in the international phase (if any);
  6. Power of Attorney; and
  7. A statement justifying how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment. "
Specific Remark
  1. A simply signed original POA must be submitted within 1 month from filing the patent application in Vietnam. Notarization or legalisation is not required.
  2.  
  3. Vietnamese translation of the specification, claims and abstract is also required at filing
Procedure / Time Frame
  1. Filing of Patent Application

    Applicant is required to submit an application within 12 months of priority date.

  2. Formality Examination

    A formality examination is conducted within 1 month of the date of issuance of the filing date.

  3. Publication

    Publications for national applications are made within 19 months of the priority date and 2 months of the acceptance date in case of PCT applications.

  4. Substantive Examination

    A request for substantive examination has to be made within 42 months of the priority date.

  5. Registration

    The grant fee must be paid within 3 months from the date when a decision to grant a patent is issued."

Validity / Renewal

Annual maintenance fees in Vietnam are due for each year after the grant of the patent. The 1st annuity is usually settled together with the official fee for the grant. All subsequent annuities should be paid within 6 months before the anniversary of the grant date. Late payment is possible within 6 months after the due date alongside payment of a surcharge.

Novelty Grace Period

12 months

Filing Requirement / Documents Required
  1. Applicant's name and address
  2. Author's name and address
  3. Description of the design.
  4. The country and filing particulars of basic application whose priority is claimed.
  5. Power of Attorney.
  6. Representations of the design.
  7. Classification of the article or articles to which the industrial design is intended to be applied.
  8. A statement justifying the applicant’s rights to the registration of the industrial design, if the author is not the applicant
Specific Remark
  1. 1. The Power of Attorney shall be submitted within 1 month from filing an industrial design application in Vietnam. Notarization or legalisation is not required.
Procedure / Time Frame
  1. Application

    Design application has to be filed with the National Office of Intellectual Property of Vietnam (NOIP).

  2. Formality Examination

    A formalilty examination takes place within 1 month of the filing date.

  3. Publication

    A design patent is published within 2 months of the acceptance date.

  4. Substantive Examination

    The duration of a substantive examination is 6 months from the date of publication.

  5. Registration

    The official grant fee for the industrial design patent must be paid within 3 months from issuance of the decision to grant a design patent.

Validity / Renewal

The validity term of a design in Vietnam is five years from the filing date and may be renewed twice every five years (15 years in total).

To renew the validity of the design patent, the owner must file a request for renewal and pay the renewal fee within six months before the expiry of the preceding validity term. The design patent may also be renewed within 6 months after the renewal due date on condition of payment of an additional charge.

Novelty Grace Period

6 months