Industrial Designs

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    1. Definition
    Industrial design means a specific appearance of a product embodied by three-dimensional configurations, lines, colors, or a combination of these elements. 
    Products herein are understood to mean articles, tools, equipments, or parts used for assembling such products, manufactured by industrial or handicraft methods, with a structure and clear function, be circulated independently.
     
    2. General conditions for industrial design for protection
    An industrial design shall be protected when it satisfies the following conditions: 
    - Being novel: An industrial design shall be considered novel if it significantly differs from other industrial designs that are already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, prior to the filing date or the priority date, as applicable, of the industrial design registration application.
    - Involving an inventive step: An industrial design shall be considered involving an inventive step if, based on industrial designs already publicly disclosed through use or by means of written descriptions or in any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the industrial design registration application, it cannot be easily created by a person with average knowledge in the art.
    - Being susceptible of industrial application: An industrial design shall be considered susceptible of industrial application if it can be used as a model for mass manufacture of products with appearance embodying such industrial design by industrial or handicraft methods.
    In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, the protection title may only be granted to the valid application with the earliest priority or filing date among applications satisfying all the conditions for the grant of a protection title.
    In case many applications are filed for registration of industrial designs identical with or insignificantly different from one another, and satisfying all the conditions for the grant of a protection title and having the same earliest priority or filing date, the protection title may only be granted for the object of a single application out of these applications under an agreement of all applicants. Without such agreement, all relevant objects of these applications will be refused for the grant of a protection title.   
     
    3. The following subject matters shall not be protected as industrial designs
    (a) Appearance of a product, which is dictated by the technical features of the product;
    (b) Appearance of a civil or an industrial construction work;
    (c) Shape of a product, which is invisible during the use of the product;
    (d) Intellectual property objects which are contrary to social ethics and public order and prejudicial to defense and security.
     

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    1. Minimum documents
    - 02 Declaration for registration which are typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN;
    - 01 copy of the industrial design description; [a description of the industrial design description must satisfy the general requirements specified at Points 33.5 of Circular No. 01/2007/TT-BKHCN and must be contains the following contents:
    + Name of the industrial design;
    + Field in which the industrial design is used;
    + The most similar industrial design;
    + List of photos or drawings;
    + Detailed description of the industrial design;
    + Coverage of protection (or claim for protection) of the industrial design].
    - 04 sets of photos or 04 sets of drawings of an industrial design.
    - Fee and charge receipts.

    2. Other documents (if any)
    - Power of attorney (in case the request is filed through a representative);
    - Paper on assignment of the right to file an application (if any);
    - Documents certifying the lawful right of registration (in case the applicant enjoys the right to file from another person);
    - Documents evidencing the right of priority (if the patent application has a claim for priority right).

    3. General requirements for industrial property (IP) registration applications
    - Each application can request grant of one protection title which is of a type suitable to the industrial design stated in the application;
    - All documents of the application must be in Vietnamese. For documents that are allowed to made in another language according to the provisions of Points 7.3 and 7.4 of Circular No. 01/2007/TT-BKHCN must be translated into Vietnamese;
    - All documents of the application must be presented in the portrait format (particularly, drawings, figures, charts and tables may be presented landscape) on A4 paper sheets (210 mm x 297 mm), of which the top, bottom, left and right margins are all 20 mm, in Times New Roman font, text is not smaller than size 13, except for accompanied documents originally not intended to be included in the application;
    - For documents that must be made according to pre-designed forms, those forms shall be used with all necessary information filled in appropriate sections;
    - A document consisting of many pages must have page numbers in Arabic;
    - All documents must be typewritten or printed with a non-fading ink, clear and clean, and free from erasures and modifications; if detecting any negligible spelling error in a document submitted to the Intellectual Property Office of Viet Nam (IPVN), the applicant may correct such error but shall append his/her signature of certification (and a seal, if any) at the corrected words;
    - Terms used in the application must be common ones (other than dialects, rare words, coined words). Symbols, units of measurement, electronic fonts and spelling rules used in the application must conform to Vietnam standards;
    - The application may be accompanied with carriers of electronic data of part or the entire content of its documents.

    4. Fees and charges for industrial design registration
    - Official charges for filing application: VND 150,000/ 01 application;
    - Fee for classification service VND 100,000/ 01 classification.
    - Fee for examination: VND 700,000/ 01 object;
    - Fee for publication of application: VND 120,000/ 01 application;
    - Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
    - Fee for the industrial design search for the examination process: VND 480,000/ 01 object;
    - Fee for examination of requesting priority (if any): VND 600,000/ 01 priority application;

    Note: 
    Apart from sections that need to be filled in, the written declaration must state the criteria for classification of the industrial design sought to be protected in accordance with the International Industrial Design Classification (under the Locarno Agreement). If the applicant fails to classify or inaccurately classifies the industrial design, the IPVN shall carry out the classification for which the applicant shall pay a fee as prescribed. (VND 100,000/ 01 classification).

    5. Time limit for processing industrial design registration applications
    From the date on which the registration application is received by the IPVN, the registration application of an industrial design shall be examined in the following order:
    - An industrial design registration application shall have its formality examination within 01 month from the filing date;
    - Publication of industrial design registration applications: An industrial design registration application shall be published within 02 months after it is accepted as a valid application;
    - An industrial property registration application shall be substantively examined within 07 months from the date of application publication.

    6. Methods of filing application 
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

    a) Paper filing
    The applicant may submit an application for an industrial design directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
    - Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
    - Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing an application for an industrial design by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

    b) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing an industrial design application form on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant.
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

    Application form:
    APPLICATION FORM - DECLARATION FOR REGISTRATION OF AN INDUSTRIAL DESIGN (ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

  • 1. Procedure for amendment of industrial design applications

    -Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, the applicant may amend of the application on his/ her own initiative or upon the request of the IPVN.
    - A request for application amendments includes:
    (i) 02 declarations requesting application amendments which are typed according to form No. 01-SĐĐ Appendix B of Circular No. 01/2007/TT-BKHCN;
    (ii) Documents certifying the change of the application [In response to a request for amendment or supplementation of the industrial design registration applications, the applicant shall submit amended or supplemented copies of documents enclosed with a detailed written explanation of the amended contents as compared with the initially submitted documents, specifically: 04 sets of drawings or photos and a description. The amendment of an application must not expand the protection coverage (or increase the protection volume) beyond the contents disclosed in the application];
    (iii) Power of attorney (in case the request is filed through a representative);
    (iv) Fee for application amendments request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application amendments in case the application has been accepted as a valid application).
    In case the application is amended in terms of content (additional objects/ variants), the applicant needs to pay an application examination fee for additional objects/ variants (700,000 VND / 01 object/ variant), fee for the patent search for the examination process of additional objects/ variants (VND 480,000/ 01 object / variant), image-publishing fee for additional objects / variants (VND 60,000 / 01 image).
    - An application amendments request is filed after the IPVN issues Notification of intended grant of certificates andpay fees, charges in case the amendment of information related to the nature of the object stated in the application (specifically, the set of photos/ drawings and the description), the application must be re-examinationand the fee for substantive re-examination is calculated based on the number of objects (VND 700,000/ 01 objects).
    - The time limit for processing a dossier for registration of an industrial design application amendments request is 02 months.
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

    (i) Paper filing
    The applicant may submit a request for application amendments directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
    - Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
    - Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing a request for application amendments by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing a request for application amendments on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.


    2. Procedure for transfer of industrial design applications
    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may request the IPVN to record the transfer of his/ her application to another person. 
    - A request for application transfer includes:
    (i) 02 declarations requesting application transfer (according to form No. 01-CGĐ Appendix B of Circular No. 01/2007/ TT-BKHCN);
    (ii) Documents proving that the transferee satisfies the requirement on the right of registration (must include the following principal contents: full names and addresses of the assignor and the assignee; the “serial number of the application assigned” or information sufficient to identify the application);
    (iii) Power of attorney (in case the request is filed through a representative);
    (iv) Fee for application transfer request (VND 160,000/ 01 content of the request) and the fee for publication (VND 120,000/ 01 request for application transfer in case the application has been accepted as a valid application).
    - The time limit for processing a dossier for registration of an industrial design application transfer request is 02 months.
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

    (i) Paper filing
    The applicant may submit an application transfer request directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
    - Representative Office of  IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
    - Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing an application transfer request by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing an application transfer request on the IPVN's Online Application Receiving System.After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System.
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

    3. Procedure for division of industrial design applications
    - Before the IPVN issues decisions on rejection of an application, decisions on refusal to grant a protection title or decisions on the grant of a protection title, an applicant may divide, on his/her own initiative or upon the request of the IPVN, his/her application. A divisional application must bear a new serial number and is entitled to the filing date or date(s) of priority (if any).
    - A request for application division includes:
    (i) 02 Declaration for registration which are typed according to form No. 03-KDCN Appendix A of Circular No. 01/2007/TT-BKHCN, in the declaration forms of divisional application, the serial numbers of parent applications (original application) and date of filing of the parent application must be specified;
    (ii)  01 descriptions of the industrial design;
    (iii) Documents request in writing, proposal for divide industrial design application;
    (iv) Power of attorney (in case the request is filed through a representative);
    (v) For each divisional application, the applicant shall pay all fees and charges for procedures:
    + In case the parent application has had the result of substantive examination of applications: 
    . Official charges for filing application: VND 150,000/ 01 application;
    . Fee for publication of application: VND 120,000/ 01 application;
    . Fee for publication application from the 2nd image onwards VND 60,000/ 01 image;
    . Parent applications (after being divided) shall be further processed according to normal procedures and applicants shall pay an amendment fee (VND 160,000).
    + In case the parent application has not yet had the result of substantive examination of applications: 
    * If the variants stated in the parent application are divided into divisional applications, the divisional application must bear the fees/ charges: 
    . Official charges for filing application: VND 150,000/ 01 application;
    . Fee for publication of application: VND 120,000/ 01 application;
    * If the variants are not stated in the parent application, the applicant shall pay all fees and charges for procedures carried out independently from the parent application for each divisional application.
    - The time limit for processing a divisional application: Divisional applications are subject to formality examination and shall be further processed according to the procedures not yet completed for their parent applications.
    - Methods of filing application
    The applicant may choose paper filing or online filing through the IPVN's online public service portal, specifically as follows:

    (i) Paper filing
    The applicant may submit a request for application division directly or via postal service to one of the IPVN's application receiving places, specifically as follows:
    - Head Office of IPVN, address: 386 Nguyen Trai, Thanh Xuan District, Hanoi City.
    - Representative Office of IPVN in Ho Chi Minh City, address: 7th Floor, Ha Phan Building, 17/19 Ton That Tung, Pham Ngu Lao Ward, District 1, Ho Chi Minh City.
    - Representative Office of IPVN in Da Nang City, address: 3rd floor, 135 Minh Mang, Khue My ward, Ngu Hanh Son district, Da Nang city.
    In case of filing a request for application division by post, the application charges/ fees must be transferred by postal service, then a copy of the Money Transfer Receipt must be attached to application and send to one of the above-mentioned IPVN’s office to prove the amount paid.
    (Note: If the fee or charge is transferred to one of the above-mentioned IPVN's application-receiving places, the applicant must send the dossier to the corresponding application-receiving point).

    (ii) Online filing
    - Conditions for online filing: Applicants need to have a digital certificate, a digital signature and a registed account which is approved by the IPVN on the Online Application Receiving System.
    - Online filing: 
    + The applicant need to complete the steps of filing a request for application division on the IPVN's Online Application Receiving System. After that, a confirmation of online submission will be sent to the applicant. 
    + The confirmation of online submission must be presented to one of the IPVN's office and the applicant needs to attached documents (if any) and pay fees/ charges as prescribed within 01 month from the date of online submission. 
    + If all documents and fees/ charges mentioned above are fully submitted as prescribed, an IPVN’s officer will issue the application number in the Online Application Receipt System. 
    If one of the documents and fees/ charges is not fully submitted, the application will be denied. 
    In the event that the applicant fails to complete the prescribed application procedure, the online application procedure will be canceled and the Online Application Cancellation Notice will be sent to the applicant via the Online Application Receiving System.

    Application form:
    APPLICATION FORM - DECLARATION FOR AMENDMENT/ TRANSFER OF INDUSTRIAL DESIGN APPLICATIONS,(ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

  • 1. General provisions on renewal of validity of protection titles

    Industrial design patents shall have a validity starting from the grant date and expiring at the end of 5 years after the filing date and may be renewed for two consecutive terms, each of 5 years. Request for renewal of one or several industrial design variations stated in the industrial design patent must include a basic variation.
    To have the validity of his/ her industrial design protection title renewed, a protection title holder shall file a request for renewal of protection titles’ validity and pay a validity renewal fee within six months before the expiration of the validity term. The payment of the validity renewal fee may be delayed for no more than six months after the expiration of the current validity term but the protection title holder shall pay the delayed renewal fee for each month of delayed payment.
    - A request for renewal of protection titles’ validity includes:
    + Declaration requesting renewal of protection titles’ validity (according to form 02-GH/DTVB AppendixC of Circular No. 01/2007/ TT-BKHCN);
    + Original protection title (if the extension is requested to be recorded in the protection title);
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for validity renewal within 01 month from the date of receipt of the request.
    - Result: If the request is considered valid, the IPVN shall issue a decision on renewal of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title renewal. 
    Return the protection title to the owner.
    - Fees and charges:
    + Official charge for renewal of protection titles: VND 100,000/ 01 variant;
    + Official charge for delayed renewal: renewal fee plus 10% for each month of delayed payment;
    + Fee for examination request for renewal of protection titles: VND 160,000/ 01 protection title;
    + Fee for protection title usage: VND 700,000/ 01 variant;
    + Fee for publication of decision of renewal of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision of renewal or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
     
    2. General provisions on grant of protection title duplicates and reissue of protection titles
    In case the industrial property rights are under co-ownership, a protection title shall only be granted to the first person named in the list of co-applicants. Other co-holders may request the IPVN to grant duplicates of the protection title but shall pay a fee therefor.
    In the following cases, an industrial property right holder who has been granted a protection title/duplicate of protection title may request the IPVN to reissue the protection title/duplicate of protection title but shall pay a reissue fee: the protection title/duplicate of protection title is lost; damaged, torn, stained or faded out that it can no longer be used. 
    - A request for grant of duplicates/ reissue of protection titles includes:
    + Declaration requesting grant of duplicates/ reissue of protection titles, (typing according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
    + Sets of photos or drawings of industrial designs;
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for grant of duplicates/reissue of protection titles within 01 month from the date of receipt of the request.
    - Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of a protection title duplicate/reissue of the protection title and record it in the section for registration of the protection title in the National Register of Industrial Property, and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a protection title fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the protection title. 
    Return the protection title to the owner.
    - Fees and charges:
    + Fee for publication of a decision on the grant of a protection title duplicate/ reissue of the protection title: VND 120,000/ 01 request;
    + Fee for recording a decision on the grant of a protection title duplicate/ reissue of the protection title into the National Register of Industrial Property: VND 120,000/ protection title.
    + Public service fee (temporarily not calculated, will be collected when there are specific regulations).
     
    3. General provisions on amendment or change of holders of protection titles
    The holder of a protection title may request the IPVN to record changes in that protection title in the following cases: change in the name or address of the protection title holder; change in the author's name or nationality; change of the protection title holder (transfer of ownership on the ground of inheritance, succession, merger, separation, split-up, joint venture, association or establishment of a new legal entity under the same owner, transformation of the business operation, or under a decision of a competent state agency...).
    Record of changes related to information on industrial property representation service organizations on National Register of Industrial Property 
    A request for narrowing of the protection coverage: request for exclusion of one or several industrial design variations, one or several products from the set of products stated in the industrial design patent;
    - A written request for amendment or change of holders of protection titles comprises the following documents:
    + Written declaration requesting amendment of the protection title made according to a set form 01-SĐVB Appendix C of Circular No. 01/2007/ TT-BKHCN;
    + Original protection title;
    + Documents certifying the change of the name or address (the originals or notarized copies of the decision on rename or change of address; the business registration certificate that records the name or address change; other documents of legal validity evidencing the name or address change) in case the content requested to be modified is such name or address;
    + Documents evidencing the inheritance, succession, merger, separation, joint venture, association, establishment of a new legal entity under the same owner, transformation of business operation, or under a decision of a competent state agency;
    + Documents explaining in detail the modified contents;
    + 05 sets of photos or drawings of industrial designs;
    + Power of attorney (if the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for amendment of protection titles within 02 months from the date of receipt of the request.
    In case of narrowing of the protection coverage, a re-examination must be conducted. Re-examination time limit: for industrial designs not exceeding 04 months and 20 days.
    In complicated cases, the time limit for re-examination must be extended, however, it must not exceed the time limit for examination of applications for establishment of rights.
    - Result: If the request is considered valid, the IPVN shall issue a decision on amendment of the protection title, register and publish it in the Industrial Property Official Gazette. If the request is considered invalid, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title amendment. 
    Return the protection title to the owner.
    - Fees and charges:
    + Fee for examination request for amendment or change of holders of protection titles: VND 160,000/ 01 protection title;
    + Fee for publication of decision of amendment or change of holders of protection titles: VND 120,000/ 01 request;
    - Fee for publication from the 2nd image onwards (if any): VND 60,000/ 01 image;
    + Fee for recording decision of amendment or change of holders of protection titles into the National Register of Industrial Property: VND 120,000/ protection title.
    - Fee for a re-examination in case narrowing of the protection coverage: VND 700,000 / 01 variant.
     
    4. General provisions on assignment of protection titles
    Assignment of an industrial property right means the transfer of ownership right by owner of such industrial property right to another organization or individual. Assignment of industrial property rights must be established in the form of written contract (hereinafter referred to as “contract”).
    An industrial property right assignment contract shall be valid upon its registration with the state management agency in charge of industrial property rights (IPVN).
    - A dossier for registration of an industrial property right assignment contracts comprises the following documents:
    + Written declaration for registration of the contract on transfer of industrial property rights (made according to a set form 01-HĐCN Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + The contract;
    + Original protection title;
    + Written consent of co-owners to the transfer of industrial property rights, if those industrial property rights are under common ownership;
    + Power of attorney (if the dossier is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for registration of assignment of protection titles within 02 months from the date of receipt of the request.
    - Result: If a dossier for registration of an assignment of protection titles contains no error, the IPVN shall issue a decision on registration of the contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for protection title assignment. 
    Return (if any): the protection title to the owner.
    - Fees and charges:
    + Fee for examination request for registration of assignment of protection titles: VND 230,000/ 01 protection title;
    + Fee for publication of decision of registration of assignment of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision of registration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    5. General provisions on licensing of industrial property objects
    Licensing of an industrial property object means the permission by the owner of such industrial property object for another organization or individual to use the industrial property object within the scope of his/her use right. Licensing of industrial property objects must be established in the form of written contracts (hereinafter referred to as “license contract”).
    - A dossier for registration of a contract on licensing of an industrial property object (industrial property licensing contract) comprises the following documents:
    + Written declaration on the industrial property licensing contract (according to a set form 02-HĐSD Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + 02 originals or 02 valid copies of the contract;
    + Written consent of co-owners to the licensing of the industrial property object, if the relevant industrial property rights are under common ownership;
    + Power of attorney (if the dossier is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for registration of the license contract within 02 months from the date of receipt of the request.
    - Result: If a dossier for registration of an industrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of an industrial property licensing contract; register and publish it in the Industrial Property Official Gazette; If a dossier for registration of the contract contains errors, the IPVN shall send to the requester a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its rejection of the request for registration of an industrial property licensing contract. 
    Return (if any): certificate of registration of an industrial property licensing contract, the protection title to the owner.
    - Fees and charges:
    + Fee for granting a certificate of registration of the contract of licensing of industrial property subject: VND 120,000/ 01 request;
    + Fee for examination request for registration of an industrial property licensing contract: VND 230,000/ 01 protection title;
    + Fee for publication of decision on the grant of a certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
    + Fee for recording decision on the grant of a certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    6. Recording of amendment of contents, extension and ahead-of-time termination of validity of contracts on licensing of industrial property objects
    Amendment of the content of the industrial property licensing contract occurs in cases there is a change of name and address of the parties in the contract or changes in the content of the terms stated in the contract. 
    The extension of validity of the industrial property licensing contract occur in cases the parties agree to continue performing the contract after the term of the contract has expired, or the parties need to extend the validity of each IP object licensed in the contract.
    Termination of the industrial property licensing contract occur in cases one of the parties requests to terminate the contract ahead of time.
    The amendment of contents, extension and ahead-of-time termination of validity of registered contracts on licensing of industrial property objects shall all be recorded by the IPVN.
    - A dossier requesting recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object must be made in writing and comprise the following documents: 
    + Written declaration requesting recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object (according to a set form 03-SĐHĐ Appendix D of Circular No. 01/2007/ TT-BKHCN);
    + The original certificate of registration of the contract on licensing of an industrial property object (in case of registration of amendment of contents or extension of validity of the contract);
    + Documents evidencing the amendment of the names and addresses of the contracting parties;
    + Agreements or documents on recording of specific contract clauses that need to be modified or supplemented, including the extension or ahead-of-time termination of validity of the contract;
    + Power of attorney (if the request is filed through a representative);
    + Fee and charge receipts;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the requests for recording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property object within 01 months from the date of receipt of the request.
    - Result: 
    If the dossier is valid, the IPVN shall issue a decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object; record the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object; record the modified contents, extension or termination of validity of the contract on licensing of an industrial property object in the national register of assignment of industrial property rights; publish the decision on recording of amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object in the Industrial Property Official Gazette. If the dossier contains errors, the IPVN shall issue a notice on its intended refusal. If within a set time limit the requester fails to correct errors or unsatisfactorily corrects errors, makes no opposition or an unreasonable opposition, the IPVN shall issue a decision on its refusal to record the amendment of contents, extension or termination of validity of the contract on licensing of an industrial property object.
    Return (if any): certificate of registration of an industrial property licensing contract that has updated the amendment or extension of the validity of the contract.
    - Fees and charges:
    + Fee for examination request for recording of amendment of contents, extension or ahead-of-time termination of validity of an industrial property licensing contract: VND 160,000/ 01 protection title;
    + Fee for publication of decision on recording the modified contents, extension of validity of the contract on licensing of an industrial property object in a certificate of registration of the contract on licensing of an industrial property object: VND 120,000/ 01 request;
    + Fee for recording the modified contents, extension or termination of validity of the contract on licensing of an industrial property object into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    7. General provisions on grant of certificate of registration of an industrial property licensing contract duplicates and reissue of certificate of registration of an industrial property licensing contract
    - A request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts includes:
    + Declaration requesting grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts (according to form 03-PBVB/GCN Appendix C of Circular No. 01/2007/ TT-BKHCN);
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for grant of duplicates/ reissue of certificate of registration of an industrial property licensing contracts within 01 month from the date of receipt of the request.
    - Result: If that request satisfies the above requirements, the IPVN shall issue a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract and publish it in the Industrial Property Gazette. If a request for duplicate/ reissue of a certificate of registration of an industrial property licensing contract fails to satisfy the requirements above, the IPVN shall issue a decision on its refusal to grant duplicates/ refusal to reissue the certificate of registration of an industrial property licensing contract. 
    Return the duplicated/ reissued certificate of registration of an industrial property licensing contract to the owner.
    - Fees and charges:
    + Fee for publication of a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract: VND 120,000/ 01 request;
    + Fee for recording a decision on the grant of duplicate/ reissue of the certificate of registration of an industrial property licensing contract into the National Register of Industrial Property: VND 120,000/ 01 protection title.
    + Public service fee (temporarily not calculated, will be collected when there are specific regulations).
     
    8. Termination of validity of protection titles (its owner declares to relinquish the industrial property rights)
    In this case, the termination of validity of protection titles due to the fact that its owner declares to relinquish the industrial property rights. Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall examine the request and decide to terminate the validity of such protection title from the date of receipt of the owner’s declaration.
    - A request for termination of validity of protection title includes:
    + Declaration requesting termination of validity of protection titles (according to form 04-CDHB Appendix C of Circular No. 01/2007/ TT-BKHCN);
    + Written description of the reason for requesting the termination of validity of protection title;
    + Power of attorney (in case the request is filed through a representative);
    + A copy of the receipt of fees and charges as prescribed;
    + Other documents (if necessary).
    - The time limit: IPVN shall examine the request for termination of validity of protection title within 10 days from the date of receipt of the request.
    - Result: Based on the result of the examination of requests for termination of validity of protection titles, the IPVN shall issue decisions on termination of validity of protection titles or notify the refusal to terminate the validity of protection titles.
    - Fees and charges:
    + Fee for requests for termination of validity of protection titles: VND 50,000/ 01 request;
    + Fee for examination requests for termination of validity of protection titles: VND 180,000/ 01 protection title;
    + Fee for publication of decision on the termination of validity of protection titles: VND 120,000/ 01 request;
    + Fee for recording decision on the termination of validity of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.
     
    Application form:
    APPLICATION FORM - DECLARATION FOR AMENDMENT/ RENEWAL/ MAINTENANCE OF VALIDITY/ DUPLICATES/ REISSUE/ TERMINATION/ INVALIDATION OF VALIDITY OF PROTECTION TITLES (ISSUED UNDER THE CIRCULAR NO. 01/2007/TT-BKHCN OF FEBRUARY 14, 2007 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)