1. Regulations on the Renewal of Validity of Protection Titles

A Certificate of Trademark Registration is valid from the grant date until the end of 10 years from the filing date and can be renewed for consecutive 10-year terms for all or part of the designated list of goods and services.

To renew the validity of a protection title, the title holder must submit a renewal request within 06 months prior to the expiration date. A renewal request may be submitted late, but no later than 06 months after the expiration date, subject to an additional late renewal fee.

Application dossier requirements for renewal include:

• Declaration form requesting renewal of protection title validity (Form No. 02-GH/DTVB in Appendix C of Circular 01);

• Original protection title (if recording the renewal directly on the title is requested);

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 01 month from the filing date. The result will be a Decision recording the renewal published in the Official Gazette of Industrial Property, or a Decision refusing the renewal. Renewal details will be updated on the original protection title (if applicable) and returned to the owner.

Fees and charges for renewal:

• Validity renewal fee: $100,000\text{ VND}$ per class

• Late renewal fee: $10\%$ of the renewal fee per late month

• Renewal request examination fee: $160,000\text{ VND}$ per title

• Protection title usage fee: $700,000\text{ VND}$ per class

• Publication fee for renewal decision: $120,000\text{ VND}$ per application

• Registration fee for renewal decision: $120,000\text{ VND}$ per title

2. Regulations on the Re-issuance and Grant of Duplicates of Protection Titles

Grant of duplicates applies when industrial property rights are under joint ownership. The original protection title is granted to the first owner on the list; other co-owners may request duplicates upon paying the required service fees. Re-issuance applies when the protection title is lost, damaged, torn, soiled, faded beyond usability, or detached such that the security seal is broken.

Application dossier requirements for re-issuance/duplicates include:

• Declaration form requesting re-issuance/grant of duplicate protection titles (Form No. 03-PBVB/GCN in Appendix C of Circular 01);

• 02 trademark prints;

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 01 month from the filing date. The result will be a Decision to re-issue/grant duplicate protection titles published in the Official Gazette of Industrial Property, or a Decision refusing the request.

Fees and charges for re-issuance/duplicates:

• Publication fee for re-issuance/duplicate decision: $120,000\text{ VND}$ per application

• Registration fee for re-issuance/duplicate decision: $120,000\text{ VND}$ per title

• Service fee: (Temporarily uncollected, pending specific future regulations)

3. Regulations on the Amendment of Protection Titles

Amendments apply when there is a change in the name/address of the title holder, a change of ownership (ownership transfer due to inheritance, succession, merger, division, consolidation, etc.), a request to record changes to the industrial property representation agency, or a request to narrow the scope of protection (modifying minor details without significantly altering the trademark specimen, or reducing items from the list of goods/services).

Application dossier requirements for amendment include:

• Declaration form requesting amendment of protection titles (Form No. 01-SDVB in Appendix C of Circular 01);

• Original protection title;

• Legal documents confirming the change of name/address (original or notarized/certified copy), name/address change decisions, or business registration certificates recording the changes;

• Legal documents proving inheritance, succession, merger, division, consolidation, joint venture, establishment of a new legal entity under the same owner, change of business structure, or court/competent authority decisions;

• Detailed written explanation of the requested amendments;

• 05 trademark prints (if amending the trademark specimen);

• 02 copies of amended regulations on the use of collective/certification marks (if amending collective or certification marks);

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 02 months from the filing date. If narrowing the scope of protection, a re-examination is required (re-examination timeframe for trademarks: up to 06 months; complex cases may be extended, but shall not exceed the initial examination limit). The result will be a Decision recording the amendment published in the Official Gazette of Industrial Property, or a Decision refusing the amendment.

Fees and charges for amendment:

• Amendment request examination fee: $160,000\text{ VND}$ per title

• Publication fee for amendment decision: $120,000\text{ VND}$ per application

• Registration fee for amendment decision: $120,000\text{ VND}$ per title

• Re-examination fee (if narrowing scope of protection): Equivalent to initial examination fee ($550,000\text{ VND}$ per class)

4. Regulations on the Assignment of Industrial Property Rights

Assignment of industrial property rights refers to the owner transferring ownership rights to another organization or individual. Assignment must be executed in writing through a written contract and only takes effect upon registration at IP Viet Nam.

Application dossier requirements for assignment include:

• Declaration form requesting assignment registration (Form No. 01-HDCN in Appendix D of Circular 01);

• Industrial property right assignment contract;

• Original protection title;

• Written consent of co-owners regarding the assignment, if rights are under joint ownership;

• For collective/certification marks: Regulations on the use of collective/certification marks of the Assignee under Article 105 of the IP Law, and documents proving the Assignee's right to file for collective/certification marks under Article 87 of the IP Law;

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 02 months from the filing date. The result will be a Decision registering the assignment contract published in the Official Gazette of Industrial Property, or a Decision refusing registration.

Fees and charges for assignment:

• Assignment contract dossier examination fee: $230,000\text{ VND}$ per title

• Associated trademark search fee for examination: $180,000\text{ VND}$ per title

• Publication fee for assignment decision: $120,000\text{ VND}$ per application

• Registration fee for assignment decision: $120,000\text{ VND}$ per title

• Filing right & usage regulation examination fee (for collective/certification marks): $550,000\text{ VND}$ per application

• Certificate of Trademark Registration issuance fee (for partial assignment of goods/services list): $120,000\text{ VND}$ per title

5. Regulations on the Licensing of Industrial Property Objects

Licensing refers to the owner permitting another organization or individual to use industrial property objects within their scope of rights. Licensing must be executed in writing through a written contract. A licensing contract takes effect as agreed between the parties, but only gains legal validity against third parties upon registration with IP Viet Nam. Under the CPTPP Agreement, licensing contracts take effect as agreed and have legal validity against third parties without requiring registration with IP Viet Nam.

Application dossier requirements for licensing include:

• Declaration form requesting licensing registration (Form No. 02-HDSD in Appendix D of Circular 01);

• Licensing contract (02 copies);

• Written consent of co-owners regarding the licensing, if rights are under joint ownership;

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 02 months from the filing date. The result will be a Decision registering the licensing contract, granting a Certificate of Licensing Contract Registration published in the Official Gazette of Industrial Property, or a Decision refusing registration.

Fees and charges for licensing:

• Licensing contract registration certificate issuance fee: $120,000\text{ VND}$ per application

• Licensing contract dossier examination fee: $230,000\text{ VND}$ per title

• Publication fee for licensing decision: $120,000\text{ VND}$ per application

• Registration fee for licensing decision: $120,000\text{ VND}$ per title

6. Regulations on Amendment, Renewal, or Termination of Licensing Contracts

Amendment applies when there are changes in the name/address of the parties or terms of the licensing contract. Renewal applies when parties agree to continue executing the contract after expiration, or need to extend the validity of specific transferred objects. Termination applies when a party requests early termination of the contract. All amendments, renewals, or terminations of registered licensing contracts must be recorded with IP Viet Nam.

Application dossier requirements include:

• Declaration form requesting recordal of amendment/renewal/termination of licensing contracts (Form No. 03-SDHD in Appendix D of Circular 01);

• Original Certificate of Licensing Contract Registration (for amendment or renewal requests);

• Documents proving changes in name/address of the parties;

• Written agreement/documents recording specific terms to be amended, supplemented, renewed, or terminated;

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 01 month from the filing date. The result will be a Decision recording the amendment/renewal/termination published in the Official Gazette of Industrial Property, or a Decision refusing the request.

Fees and charges:

• Examination fee for amendment/renewal/termination request: $160,000\text{ VND}$ per title

• Publication fee for amendment/renewal/termination decision: $120,000\text{ VND}$ per application

• Registration fee for amendment/renewal/termination decision: $120,000\text{ VND}$ per title

7. Regulations on the Re-issuance and Grant of Duplicates of Licensing Registration Certificates

Application dossier requirements for re-issuance/duplicates include:

• Declaration form requesting re-issuance/grant of duplicates (Form No. 03-PBVB/GCN in Appendix C of Circular 01);

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 01 month from the filing date. The result will be a Decision to re-issue/grant duplicates published in the Official Gazette of Industrial Property, or a Decision refusing the request.

Fees and charges:

• Publication fee for re-issuance/duplicate decision: $120,000\text{ VND}$ per application

• Registration fee for re-issuance/duplicate decision: $120,000\text{ VND}$ per title

• Service fee: (Temporarily uncollected, pending specific future regulations)

8. Regulations on Requests for Termination of Protection Titles (By Owner's Surrender)

A protection title shall be terminated when the owner declares a surrender of industrial property rights. IP Viet Nam will examine the surrender and issue a Decision terminating the protection title effective from the date of receiving the owner's declaration.

Application dossier requirements for termination include:

• Declaration form for protection title termination (Form No. 04-CDHB in Appendix C of Circular 01);

• Written statement explaining reasons for the termination request;

• Power of Attorney (if submitted through a representative);

• Copy of fee and charge payment receipts as prescribed;

• Other relevant documents (if applicable).

The examination timeframe is 10 days from the filing date. The result will be a Decision terminating the protection title published in the Official Gazette of Industrial Property, or a Notice refusing termination.

Fees and charges:

• Termination request fee: $50,000\text{ VND}$ per application

• Termination request examination fee: $180,000\text{ VND}$ per title

• Publication fee for termination decision: $120,000\text{ VND}$ per application

• Registration fee for termination decision: $120,000\text{ VND}$ per title

Declaration Forms and Annexes

• Declaration Form for Amendment / Renewal / Re-issuance / Duplicate Grant of Protection Titles (promulgated under Circular No. 16/2016/TT-BKHCN dated June 30, 2016 by the Ministry of Science and Technology):

  • Appendix C - Form No. 01-SDVB: Declaration for Amendment of Industrial Property Protection Titles.

  • Appendix C - Form No. 02-GH/DTVB: Declaration for Renewal/Maintenance of Industrial Property Protection Titles.

  • Appendix C - Form No. 03-PBVB/GCN: Declaration for Re-issuance / Grant of Duplicates of Protection Titles / Licensing Certificates.

• Declaration Form for Transfer Contract Registration (promulgated under Circular No. 16/2016/TT-BKHCN dated June 30, 2016 by the Ministry of Science and Technology):

  • Appendix D - Form No. 01-HDCN: Declaration for Registration of Industrial Property Right Assignment Contracts.

  • Appendix D - Form No. 02-HDSD: Declaration for Registration of Industrial Property Licensing Contracts.

  • Appendix D - Form No. 03-SDHD: Declaration Requesting Recordal of Amendment / Renewal / Termination of Licensing Contracts.

• GUIDELINES FOR INDUSTRIAL PROPERTY FEE PAYMENTS VIA STATE TREASURY ACCOUNT

(Source: IP Viet Nam)