1. General Provisions

1.1. Right to Complain

Applicants and any organizations or individuals with rights and interests directly related to decisions or notices concerning the processing of industrial property applications issued by the state management agency for industrial property have the right to lodge a complaint with the state management agency for industrial property or initiate a lawsuit in court in accordance with the Law on Intellectual Property and relevant legislation.

1.2. Statute of Limitations for Complaints

• First-time complaints: Must be lodged within 90 days from the date the person entitled to complain receives or becomes aware of the decision or notice regarding the processing of the industrial property application.

• Second-time complaints: Must be lodged within 30 days from the expiration of the settlement time limit for the first-time complaint if it remains unresolved, or from the date the person entitled to complain receives or becomes aware of the first-time complaint settlement decision.

1.3. Complaint Order and Procedures

If the settlement time limit of the agency that directly issued the industrial property decision or notice (first-time complaint) expires without resolution, or if the complainant disagrees with the first-time complaint settlement decision, the complainant or persons with rights and interests directly related to that decision may lodge a complaint with the Minister of Science and Technology (second-time complaint) or initiate a court lawsuit. If still dissatisfied with the complaint settlement decision of the Minister of Science and Technology, they retain the right to file an administrative lawsuit in court.

1.4. Complaint Dossier Requirements

The contents of a complaint must be presented in a written complaint petition detailing:

• Full name and address of the complainant;

• Number, signing date, and contents of the contested notice or decision;

• Grounds, arguments, and evidence supporting the complaint;

• Specific requests regarding the amendment or cancellation of the relevant notice or decision.

2. Filing a Complaint

2.1. Submission Methods

• Submitted through an industrial property representation agency or directly at the IP Viet Nam headquarters in Hanoi, or its representative offices in Ho Chi Minh City or Da Nang;

• Submitted via postal services.

2.2. Dossier Composition and Quantity

A complete complaint dossier comprises 02 sets, including:

• Declaration form (02 copies following the prescribed template);

• Written explanation of complaint grounds and supporting evidence;

• Copy of the contested decision or notice issued by IP Viet Nam;

• Copy of the first-time complaint settlement decision (for second-time complaints);

• Power of Attorney (if submitted via an industrial property representative);

• Receipts of fee and charge payments.

3. Complaint Resolution Process

3.1. Acceptance of Complaints

a) Within 10 days from receipt of a complaint petition, the competent authority must examine formal requirements and issue a written notice on whether the complaint is accepted, specifying the date of acceptance or stating clear reasons for non-acceptance.

b) A complaint petition will not be accepted if it falls under any of the following cases:

• The complainant lacks the right to complain;

• The complaint is submitted outside the prescribed statute of limitations;

• The complaint fails to satisfy formal dossier requirements.

3.2. Related Parties

a) For accepted complaints, the competent authority issues a written notice regarding the complaint contents to persons with directly related rights and interests ("related parties"), setting a 1-month time limit from the notice date for them to submit their opinions.

b) Related parties have the right to provide information and evidence to support their arguments within the specified 1-month period, which the competent authority must consider when resolving the complaint.

c) If no response is received from related parties by the deadline, the complaint will be resolved based on the complainant's submission alone.

3.3. Complaint Settlement Decision

a) Based on the arguments and evidence provided by both the complainant and related parties, the competent authority must issue a complaint settlement decision within the statutory time frame under complaint laws.

b) Prior to issuing a decision, the competent authority informs both parties of the opposing arguments, evidence, and preliminary conclusions used to resolve the complaint.

c) The settlement decision must contain all required details prescribed by law.

3.4. Publication

Complaint settlement decisions are published in the Official Gazette of Industrial Property within 02 months from the date of signing.

3.5. Legal Effect of Settlement Decisions

• First-time settlement decisions: Take legal effect if the complainant does not file a second-time complaint or initiate an administrative lawsuit upon the expiration of the respective statutes of limitations.

• Second-time settlement decisions: Take legal effect if no administrative lawsuit is filed within the prescribed period, or in accordance with an effective court decision if a lawsuit was initiated.

4. Procedures for Invalidation and Termination of Protection Titles

4.1. Right to Request

Any organization or individual with directly related rights and interests who considers that a granted trademark, industrial design, utility solution, or patent impacts their protection title rights may request the competent authority to invalidate the granted protection title.

4.2. Legal Grounds

Under Article 96 of the Law on Intellectual Property:

1. A protection title shall be entirely invalidated in the following cases:

    

   a) The applicant had no right to register and was not assigned the registration right regarding the invention, industrial design, layout design, or trademark;

    

   b) The industrial property subject matter failed to satisfy protection conditions at the time the title was granted.

2. A protection title shall be partially invalidated if that part failed to satisfy protection conditions.

3. Organizations and individuals may request the state management agency for industrial property to invalidate protection titles under Clauses 1 and 2 of this Article, subject to payment of fees and charges.

    

   Statute of limitations: The right to request invalidation applies throughout the entire term of protection; for trademarks, this time limit is 5 years from the grant date, except where the title was granted due to the applicant's dishonesty.

4. Based on examination results and opinions of related parties, the agency shall decide to partially or entirely invalidate the title, or issue a notice refusing invalidation.

5. Provisions under Clauses 1, 2, 3, and 4 shall also apply to the invalidation of international trademark registrations.

4.3. Application Dossier

A dossier requesting the termination or invalidation of a trademark protection title includes:

• Declaration form requesting termination/invalidation of the protection title;

• Evidence supporting the termination or invalidation request;

• Written statement of reasons (specifying title number, grounds, legal basis, and scope of requested termination or invalidation) and other relevant documents.

4.4. Processing Procedures

• If requested by a third party, IP Viet Nam sends a written notice to the title holder, setting a 2-month time limit from the notice date for the holder to respond. IP Viet Nam may facilitate direct exchanges of opinions between the third party and the title holder.

• Based on reviewing all submitted opinions, IP Viet Nam issues a decision to terminate/invalidate (partially or entirely) or a notice refusing termination/invalidation under Clause 4 Article 95 and Clause 4 Article 96 of the IP Law.

4.5. Complaints Against Decisions

If dissatisfied with IP Viet Nam's decision on termination or invalidation, the requester or related parties may lodge a complaint against the decision or notice following the complaint order outlined in Sections 1–3.

4.6. Publication

Decisions to terminate or invalidate protection titles are published in the Official Gazette of Industrial Property and recorded in the National Register of Industrial Property within 02 months from the signing date.

Application Forms

• Declaration Form for Termination / Invalidation of Protection Titles / Complaint Declaration Form (promulgated under Circular No. 16/2016/TT-BKHCN dated June 30, 2016 by the Ministry of Science and Technology).

• Appendix C - Form No. 04-CDHB: Declaration Form Requesting Termination / Invalidation of Protection Titles for Industrial Property.

• Appendix C - Form No. 05-KN: Complaint Declaration Form.

(Source: IP Viet Nam)