Filing Requirements

National Application

Information

• Full name, address and nationality of the applicant;
• Full name, address and nationality of the inventor(s);
• Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed

Documents

• A Power of Attorney (Word file) (PDF file) from the Applicant (required at filing; a fax copy is acceptable provided that the original is submitted within 01 month from the filing date);
• A Deed of Assignment (Word file) (PDF file) from the Inventor(s) to the Applicant if the Applicant and the Inventor(s) are not the same (this document must be submitted at the invitation of the NOIP only in the case the NOIP has reasonable grounds to doubt the Applicant’s eligibility); 
• A Deed of Assignment of the Priority Rights where the Applicant is different from the Applicant having filed the Priority Application (required within 01 month from the filing date);

Note: the POA and DOA must be signed by the Applicant if the Applicant is a natural person, or by the officer entitled to represent the Applicant if the Applicant is a legal entity and affixed by the corporate seal of such an entity (if any). Notarization and/ or Legalization are not required.

• A plain copy of the specification, claims, drawings (if any) and abstract in English for the purpose of translation into Vietnamese (required at filing); 
• Certified copy of the Priority document(s) or Exhibition certificate – applicable where the Paris Convention Priority is claimed (required within 01 month from the filing date). In case the NOIP request to submit the Vietnamese version of priority document(s), the sworn English translation(s) thereof are required (if the priority document(s) are not in English).

Intenational Application (PCTs)

Information

• Full name, address and nationality of the applicant;
• Full name, address and nationality of the inventor(s);
• Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed;
• International filing and publication numbers

Documents

• A Power of Attorney (Word file) (PDF file) from the Applicant (required within 34 months from the priority date); 
• A Deed of Assignment (Word file) (PDF file) where the Applicant entering the National Phase is different from the Applicant having filed the International Application (required within 34 months from the priority date);

Note: the POA and DOA must be signed by the Applicant if the Applicant is a natural person, or by the officer entitled to represent the Applicant if the Applicant is a legal entity and affixed by the corporate seal of such an entity (if any). Notarization and/or legalization are not required.

• If the Applicant requests entry into the Vietnam National Phase before the International Publication date, a copy of the International Application as filed (required at the date of entry); 
• An English version of Publication of PCT International Application (including specification, claims, any text matter of drawings and abstract), International Search Report (PCT/ISA/210), International Preliminary Examination Report (PCT/IPER/409), Notification of Change (PCT/IB/306), Amendments, Written Opinion to the Amendments (if any) in accordance with Articles 19 and/or 34 of PCT, and copies of amended description and claims … for the purpose of translation into Vietnamese. (Please send us in one month before the date of entry into Vietnamese national phase so that we have enough time for translating and preparing).

Information

• Full name, address and nationality of the applicant;
• Description of the trademark: meanings, colors claimed and English translation and/or transliteration into Roman letters if the trademark comprises words not in English;
• List of goods/services to be covered by the trademark and class(es) of the respective goods/services according to the International Classification (if known);
• Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed, or
• Place where the trademark was exhibited, the name of the exhibition, and the date on which the trademark was first exhibited, for claiming exhibition priority (if any).

Documents

• Fifteen (15) specimens of the trademark, with a size not larger than 80mm x 80mm and not smaller than 15mm x 15mm;
• A Power of Attorney (Word file) (PDF file) from the applicant (a fax copy is acceptable at filing, provided that the original is submitted within 01 month from the filing date). Notarization and/ or Legalization are not required. General Power of Attorney is acceptable for filing various trademarks in the name of the same applicant;
• A certified copy of the document attesting to the legal existence of the entity, e.g. the Business Certificate, or the Certificate of Incorporation (required at filing; a fax copy is acceptable provided that the original is submitted within 01 month from the filing date); 
• A certified copy of the earlier application plus the sworn English translation thereof if the application is not in English, or of the Exhibition Certificate (applicable where the Paris Convention Priority is claimed – required within 01 month from the filing date); 
• A certified copy of the regulations concerning the use of the mark if the mark is a collective one (required at filing); 
• Documents evidencing the origin or the prize(s) awarded, if the trademark contains such ones (required within 01 month from the filing date).

• A Power of Attorney (Word file) (PDF file) from the Applicant. Notarization and/or legalization are not necessary (required at filing; a fax copy is acceptable at filing provided that the original is submitted within 3 months from the filing date); 
• A certified copy of the Business Licence (required at filing); 
• 12 samples of the mark to be recognized as being well-known (required at filing); 
• Documents and information proving that the mark is well-known.  They should include, but not limited to, those which clearly show:
  
  i) The number of relevant consumers who were aware of the mark by purchase or use of goods or services bearing the mark, or from advertising.
  ii) The territorial area in which goods or services bearing the mark are circulated.
  iii) Turnover of the sale of goods or provision of services bearing the mark or the quantity of goods sold or services provided.
  iv) Duration of continuous use of the mark.
  v) Wide reputation of goods or services bearing the mark.
  vi) Number of countries protecting the mark.
  vii) Number of countries recognizing the mark as a well known mark.
  viii) Assignment price, licensing price, or investment capital contribution value of the mark.

Information 

• Full name, address and nationality of the applicant(s);
• Full name, address and nationality of the creator(s);
• Title of the design and field to which the design relates;
• International Classification for the design under Locarno Agreement; field of application; similar and known/used design(s); 
• Paris Convention Priority data (if any): country, application number and filing date of the original foreign application from which priority is claimed;
• Exhibition Priority data (if any): place where the design was exhibited, the name of the exhibition and the date on which the design was first exhibited.

Documents

• A Power of Attorney (Word file) (PDF file) from the applicant. Notarization and/or Legalization are not necessary (required at filing; a fax copy is acceptable provided that the original is submitted within 01 month from the filing date).  This document must be signed by the Applicant if the Applicant is an individual or by the officer entitled to represent the Applicant if the Applicant is a legal entity and affixed by the corporate seal of such an entity (if any). A general Power of Attorney is acceptable for filing various applications in the name of the same applicant;
• A Deed of Assignment of priority right where the applicant is different from the applicant having filed the priority application (required within 01 month from the filing date). This document must be signed by each party and affixed by a corporate seal (if any). No notarization and/or legalization are required;
• A brief description of the Industrial Design and claims in English showing new, distinctive features of the design to be protected comparing to known similar designs (if any);
• Six (6) sets of photographs or Six (6) sets of drawings of the Industrial Design comprising perspective, front, back, left, right, top and bottom views. They must be in the same scale with a size not smaller than 90mm x 120 mm and not larger than 210 mm x 297 mm. Please note that if a design is applied to a part of an article, perspective photos/drawings of the article showing this part are required. In the case where the design is of a high level of difficulty, a cross-sectional drawing(s) in necessary places may be required. If an article to which the design is applied has a lid or is foldable (for example: refrigerator, wardrobe or suitcase), drawings or photos of it in the open position are required (fax copies of photographs/ drawings are acceptable at filing, provided that the originals are submitted within 01 month from the filing date);
• A certified copy of the first filed application or Certificate issued by the competent authorities of the exhibition and the sworn English translation (in the case the priority document is not in English), if the Paris Convention Priority is claimed  (required within 01 month from the filing date); 
• If a design bears a sign that is inherently registrable as a trademark, the applicant shall provide with the documents (e.g. copy of Trademark Registration Certificate granted by the NOIP or Trademark License Contract that has been registered with the NOIP), stating that the trademark placed on the design belongs to the applicant (if any).

Note

• An executed Deed of Assignment (Word file) (PDF file) from the Designer(s) to the Applicant (if the Designer(s) and the Applicant are not the same), or document justifying the right to apply (inheritance, employment contract, service contract), under current Law, is no longer required at the time of filing. However, the Vietnamese National Office of Intellectual Property (NOIP) reserves the right to request the applicant to submit this document in the case the NOIP has reasonable grounds to doubt the Applicant’s eligibility.

Information

• Full name, address, nationality, date of birth of the Applicant;
• Full name, address, pseudonym (if any), nationality, date of birth of the Author(s);
• Title, genre of the work;
• Date on which the work creation was completed;
• Date, place and form of first publication of the work (if the work is published);
• A brief description of the work (in detail, can be prepared at our end).

Documents

• A notarized Power of Attorney (Word file) (PDF file) from the Applicant (author/copyright owner); legalization is not necessary (required at filing);  
• A notarized Deed of Assignment (Word file) (PDF file) from the Author(s) to the Applicant if the Applicant and the Author(s) are not the same (required at filing);
• A notarized document from the Author(s) guarantees that the work is created without copyright infringement;
• Documents attesting to legal existence and business activities if the Applicant is an entity;
• A notarized copy of author’s passport or identification card
• Two (02) copies of the work applied for copyrights registration or 02 copies of the fixation of the subject matter for related rights registration (required at filing);
• Documents evidencing the right to file an application if the applicant acquires that right from another person as a result of inheritance, transfer or assignment;
• A document of agreement of all co-authors if the work has co-authors;
• A document of agreement of all co-owners if the copyrights, related rights belong to joint ownership;
• Other documents proving the work created by the author.

For Annuity of Patent for Invention and Utility Solution

• Data related to the Patent including patent number, patent owner, regular filing date, granting date, priority date;
• The effective year for which the annuity should be paid.

For Renewal of Trademark Registration

• A notarized Power of Attorney (Word file) (PDF file) from the Owner. Legalization is not necessary (required at filing); 
• The original Certificate of Trademark Registration (required at filing).

For Renewal of Design Patent

• A notarized Power of Attorney (Word file) (PDF file) from the Owner. Legalization is not necessary (required at filing); 
• The original Patent for Industrial Design (required at filing).

Minimum-required contents of an Assignment Agreement

• The identity of the Assignor and Assignee (full name and address);
• Details of the IP objects to be assigned (information on granted Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration);
• Price of the assignment and term of payment;
• Rights and obligations of each party;
• Conditions for amendment, termination and invalidation of the Agreement;
• Method for settlement of disputes;
• Date and place of signing;
• Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.

Documents required for recordal of an Assignment Agreement

• A notarized Power of Attorney (Word file) (PDF file) from the Assignee or Assignor. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
• The original Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration;
• A notarized copy of Business Licence/Investment Licence if the Assignee is a Vietnamese entity;
• Two original or certified copies of Assignment Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;

+ Notes

• The Assignment Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam. 
• The request for recordal of the Assignment Agreement should be submitted within 60 days from the signing date.
• For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP. 
• If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates can provide with translation service.
• The Assignment Agreement must be affixed with Corporate Seals or certified by Notary Public.
• A standard form of Assignment Agreement containing minimum-required provisions will be provided upon request.

Minimum-required contents of a License Agreement

• The identity of the Licensor and Licensee (full name and address);
• Details of the IP objects to be assigned (information on granted Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration);
• Scope of the License including: type of license (exclusive or non-exclusive); object(s) of license (Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration); territory of license (Vietnamese territory or part thereof); term of license (within the term of validity of the corresponding Certificate of Trademark Registration). In case of a sub-license, the scope of the sub-license must fall within the scope of the corresponding exclusive license.
• Price of the License and term of payment;
• Rights and obligations of each party;
• Conditions for amendment, termination and invalidation of the Agreement;
• Method for settlement of disputes;
• Date and place of signing;
• Signatures of the parties or of their authorized representatives with the full names and position of the signatories. These signatures must be duly notarized.

Documents required for recordal of an License Agreement

• A notarized Power of Attorney (Word file) (PDF file) from the Licensor and Licensee. Legalization is not necessary (required at filing: a fax copy is acceptable provided that the original is submitted shortly thereafter);
• A certified copy of the Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration;
• A copy of the Certificate of Recordal of the corresponding exclusive Agreement (if the Agreement to be approved is a sub-agreement);
• A notarized copy of Business Licence/Investment Licence of the Licensee (if the Licensee is a Vietnamese entity);
• Two original or certified copies of License Agreement duly executed by both parties with the signatures verified by Notary Public, including appendix or appendices (if any) and their Vietnamese translations;

+ Notes

• The License Agreement must be recorded with the National Office of Industrial Property of Vietnam (NOIP) to be legally effective and enforceable in Vietnam. 
• The request for recordal of the License Agreement should be submitted within 60 days from the signing date.
• For those agreements to which one party is a Vietnamese entity which is State-owned or State-funded, the agreements shall be subject to approval by the Ministry of Science and Technology (MoST) before being recorded by the NOIP. 
• If the Agreement is executed in English only, the Vietnamese translation of the Agreement is required. The Vietnamese translation must be certified by a Notary Public in Vietnam. Tri Viet & Associates can provide translation service.
• The License Agreement must be affixed with Corporate Seals or certified by Notary Public.
• A standard form of License Agreement containing minimum-required provisions will be provided upon request.

• A notarized Power of Attorney (Word file) (PDF file) from the Owner. No legalization is required (required at filing);
• A notarized Declaration on Change of Name and/or Address by the Owner, or a certified copy of Official Record on Change of Name and/or Address (required at filing);
• Original Patent for Invention/Utility Solution/Industrial Design or Certificate of Trademark Registration (required at filing).

• Power of Attorney (Word file) (PDF file)
• Deed of Assignment (Word file) (PDF file)