Semi-conductor Integrated circuits


  • 1. Definition
    Layout-design of semiconductor integrated circuit (below referred to as layout-design) means a three-dimensional disposition of circuit elements and their interconnections in a semiconductor integrated circuit.
    Layout-design shall be established on the basis of a decision of the competent state agency on the grant of a protection title according to the registration procedures stipulated in this Law or the recognition of international registration under treaties to which the Socialist Republic of Vietnam is a contracting party.

     

    2. General conditions for layout-designs eligible for protection
    A layout-design shall be protected when it satisfies the following conditions:
    a) Being original;
    b) Being commercially novel.

     

    3. Originality of layout-designs
    a) A layout-design shall be considered original if it satisfies the following conditions:
    - Being result of its author’s creative labor;
    - Having not been widely known among creators of layout-designs or manufacturers of semiconductor integrated circuits at the time of its creation.
    b) A layout-design that is a combination of elements and common interconnections shall be considered to be original only if such combination, taken as a whole, is original according to the provisions of Clause a of this Article.

     

    4. Commercial novelty of layout-designs
    a) A layout-design shall be considered commercially novel if it has not yet been commercially exploited anywhere in the world prior to the filing date of the registration application.
    b) A layout-design shall not be considered having lost its commercial novelty if the layout-design registration application is filed within 2 years from the date it was commercially exploited for the first time anywhere in the world by the person who has the right to register it or his/her licensee.
    c) Commercial exploitation of a layout-design mentioned in Clause b of this Article means any act of public distribution for commercial purposes of a semiconductor integrated circuit produced by incorporation of such layout-design, or a commodity containing such semiconductor integrated circuit.

     

    5. The right to register layout-designs
    a) The following organizations and individuals shall have the right to register layout-designs:
    - Authors who have created layout-designs with their own efforts and expenses; 
    - Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring unless otherwise agreed by the involved parties whose agreements.
    b) Where more than one organizations or individuals have jointly created or invested in the creation of a layout-design, these organizations or individuals shall all have the registration right, which shall only be exercised with their consensus.
    c) A person who has the registration right may assign that right to other organizations or individuals in the form of a written contract, bequeathal or inheritance in according to the provisions of law, even where a registration application has been filed.

     

    6. Subject matters not protected as layout-designs
    The following subject matters shall not be protected as layout-designs:
    a) Principles, processes, systems or methods operated by semiconductor integrated circuits;
    b) Information or software contained in semiconductor integrated circuits.

     

    7. Requirements for layout design registration applications
    Documents, specimens and information presenting a layout design include:
    a) Sets of photos or drawings of the layout design;
    b) Information on functions and structure of semiconductor integrated circuits produced under the layout-design;
    c) Specimens of the integrated circuit manufactured under the layout design, if that layout design has been commercially exploited.

     

    8. Publication of industrial property registration applications
    A layout-design registration application shall be published by mode of direct access at the concerned state management agency in charge of industrial property rights, provided that no reproduction is permitted; for confidential information in an application, such access shall be permitted only to competent authorities and involved parties in the process of carrying out procedures for invalidating protection titles or the process of carrying out procedures for handling right infringements.
    Principal information on a layout-design registration application and the protection title for a layout-design shall be published within 2 months as from the grant date of such protection title.

     

    9. Validity of protection titles
    Certificates of registered semiconductor integrated circuit layout-designs shall each have a validity starting from the grant date and expiring at the earliest date among the following:
    a) The end of 10 years after the filing date;
    b) The end of 10 years after the date the layout-designs were first commercially exploited anywhere in the world by persons having the registration right or their licensees;
    c) The end of 15 years after the date of creation of the layout-designs.

     

    10. Use of a layout-design means the performance of the following acts:
    a) Reproducing the layout-design; manufacturing semiconductor integrated circuits under the protected layout-design;
    b) Selling, leasing, advertising, offering or stocking copies of the protected layout-design, semi-conductor integrated circuits manufactured under the protected layout-design or articles containing such semi-conductor integrated circuits;
    c) Importing copies of the protected layout-design, semi-conductor integrated circuits manufactured under the protected layout-design or articles containing such semi-conductor integrated circuits.

     

    11. Provisional rights to layout-designs
    a) For a layout-design which has, before the grant date of the certificate of registered semiconductor integrated circuit layout-design, been commercially exploited by the person with the registration right or his/her licensee, if such person knows that such layout-design is being used by another person for commercial purposes, he/she may notify in writing the user of his/her registration right so that the later shall terminate or continue such use.
    b) Where the person notified of contents continues using such layout-design, as soon as a certificate of registered semiconductor integrated circuit layout-design is granted, the owner of such layout-design shall have the right to request the user of such layout-design to pay a compensation equivalent to the price for licensing of such layout-design within the relevant scope and duration of use.

     

    12. Acts of infringing upon the rights to layout-designs
    The following acts shall be regarded as infringements of the rights of owners of layout-designs:
    a) Using protected layout-designs or any original part thereof within valid terms of protection titles without permission of owners;
    b) Using layout-designs without paying compensations according to the provisions on provisional rights in the intellectual property law.

     

    13. Obligation to pay remunerations to authors of layout-designs
    a) Owners of layout-designs are obliged to pay remunerations to their authors, unless otherwise agreed upon by the parties.
    b) The minimum level of remuneration payable by an owner to an author is provided for as follows:
    - 10% of the profit amount gained by the owner from the use of a layout-design;
    - 15% of total amount received by the owner in each payment for licensing of a layout-design.
    c) Where a layout-design is jointly created by more than one authors, the remuneration level shall be applicable to all co-authors. The co-authors shall agree by themselves on the division of the remuneration amount paid by the owner.
    d) The obligation to pay remunerations to authors of layout-designs shall exist throughout the term of protection of such layout-designs.

     

  •  

    1. Minimum documents
    - 02 Declaration for registration which are typed according to form No. 02-TKBT Appendix A of Circular No. 16/2016/TT-BKHCN; 
    - 04 Drawings and photos of the layout-design; 
    - Information on functions and structure of semiconductor integrated circuits produced under the layout-design;
    - Samples of semiconductor integrated circuits produced under the layout-design, if such layout-design has been commercially exploited;
    - Fee and charge receipts.

     

    2. Fees and charges for layout-design registration
    - 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;
    - Fee for examination: VND 180,000.

     

    3. Time limit for processing layout-design registration applications
    From the date on which the registration application is received by the IPVN, the registration application of a layout-design shall be examined in the following order:
    - A layout-design registration application shall have its formality examination within 01 month from the filing date.
    - Publication of layout-design registration applications: A layout-design registration application shall be published within 02 months after it is accepted as a valid application.

     

    4. 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 a layout-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 a layout-design by post, the application charges/ fees must be transferred by postal service, and 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 needs to complete the steps of filing a layout-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:
    DECLARATION FOR REGISTRATION OF A LAYOUT-DESIGN 
    (ISSUED UNDER THE CIRCULAR NO. 16/2016/TT-BKHCN OF JUNE 30, 2016 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)
    No. 02-TKBT Appendix A of Circular No. 16/2016/TT-BKHCN

     

  •  

    1. Procedure for amendment of layout-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. 16/2016/TT-BKHCN;
    (ii) Documents certifying the change of 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 amendmentsin case the application has been accepted as a valid application).
    - The time limit for processing a dossier for registration of a layout-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 arequest 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 layout-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. 16/2016/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 request) and the fee for publication (VND 120,000/ 01 request for application transfer incase the application has been accepted as a valid application).
    - The time limit for processing a dossier for registration of a layout-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.

     

    Application form:
    DECLARATION FOR AMENDMENT/ TRANSFER OF LAYOUT-DESIGN APPLICATIONS 
    (ISSUED UNDER THE CIRCULAR NO. 16/2016/TT-BKHCN OF JUNE 30, 2016 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

    Form No. 01-SĐĐ Appendix B of Circular No. 16/2016/TT-BKHCN

    Form No. 01-CGĐ Appendix B of Circular No. 16/2016/TT-BKHCN

     

  •  

    1. 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. 16/2016/TT-BKHCN);

    + 02 specimens;

    + 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).

     

    2. 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 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. 16/2016/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;

    + 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.

    - 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 issue a decision on its rejection of the request for protection title amendment.

    Return (if any) the certificate that have been recorded for amendment 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.

     

    3. 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 (herein after 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. 16/2016/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 forregistration ofassignment of protection titleswithin 02 months from the date of receipt of the request.

    - Result: If a dossier for registration of anassignment 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 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 ofregistration of assignment of protection titles into the National Register of Industrial Property: VND 120,000/ 01 protection title.

     

    4. 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 (herein after 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. 16/2016/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 contractwithin 02 months from the date of receipt of the request.

    - Result: If a dossier for registration of anindustrial property licensing contract contains no error, the IPVN shall issue a decision on the grant of a certificate of registration of anindustrial 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 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 examinationrequest 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 anindustrial 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.

     

    5. 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. 16/2016/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 forrecording of amendment of contents, extension or ahead-of-time termination of validity of a contract on licensing of an industrial property objectwithin 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 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 anindustrial 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.

     

    6. 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. 16/2016/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).

     

    7. 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 requestand 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. 16/2016/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 examinationrequests 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:

     

    DECLARATION FOR AMENDMENT/ RENEWAL/ MAINTENANCE OF VALIDITY/ DUPLICATES/ REISSUE/ TERMINATION/ INVALIDATION OF VALIDITY OF PROTECTION TITLES 

    (ISSUED UNDER THE CIRCULAR NO. 16/2016/TT-BKHCN OF JUNE 30, 2016 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY).

    Form 01-SĐVB Appendix C of Circular No. 16/2016/TT-BKHCN

    Form 03-PBVB/GCN Appendix C of Circular No. 16/2016/TT-BKHCN

     

    DECLARATION FOR REGISTRATION OF THE CONTRACT ON TRANSFER OF INDUSTRIAL PROPERTY RIGHTS 

    (ISSUED UNDER THE CIRCULAR NO. 16/2016/TT-BKHCN OF JUNE 30, 2016 BY THE MINISTRY OF SCIENCE AND TECHNOLOGY)

    Form 01-HĐCN Appendix D of Circular No. 16/2016/TT-BKHCN

    Form 02-HĐSD Appendix D of Circular No. 16/2016/TT-BKHCN

    Form 03-SĐHĐ Appendix D of Circular No. 16/2016/TT-BKHCN