Vietnam enforces the 2022 Intellectual Property Law, which protects the rights and interests of individuals and businesses regarding copyrights, industrial designs, trademarks, geographical indications, and more.
Regulations on intellectual property rights in Vietnam
Vietnam has clear and comprehensive regulations on intellectual property rights (IPR), safeguarding the rights related to intellectual property, copyrights for industrial designs, trademark creation, and more. These protections extend not only to Vietnamese individuals and businesses but also to foreign direct investment (FDI) enterprises and foreign individuals working in Vietnam. Initially enacted in 2005, the law has undergone multiple amendments and improvements, the most recent of which occurred in 2022 and took effect on January 1, 2023.
The latest amendments to the Intellectual Property Law in Vietnam have been recognized for enabling businesses to comply with intellectual property regulations more easily and efficiently. These changes align with international practices and fulfill the requirements of next-generation free trade agreements such as the CPTPP, EVFTA, and RCEP, contributing to a more business-friendly environment in Vietnam.
A comprehensive Intellectual Property Law serves as a catalyst for attracting FDI into Vietnam, particularly in the technology sector.
Types of intellectual property rights in Vietnam
The types of intellectual property rights protected in Vietnam include:
| Group of Rights | No. | Rights | Protection Period | Registration Authority |
| Industrial Property Rights | 1 | Patent for inventions | 20 years | Vietnam Intellectual Property Office |
| 2 | Patent for utility solutions | 10 years | ||
| 3 | Industrial designs | 05 years from the filing date; renewable twice, each for 5 years (maximum total of 15 years) | ||
| 4 | Trademarks | 10 years from the filing date; renewable indefinitely, each renewal for 10 years | ||
| 5 | Geographical indications | Permanent from the date of certification | ||
| 6 | Layout designs of integrated circuits | 10 years from the filing date or the first date of commercial exploitation; or 15 years from creation, whichever comes earlier | ||
| 7 | Trade names | Protected as long as they are formed and used | ||
| 8 | Trade secrets | Protected as long as they are formed and used | ||
| Rights to Plant Varieties | 9 | New plant varieties | 20 years from the date of protection certificate issuance (25 years for perennial and grapevines) | Department of Crop Production |
| Copyright and Related Rights | 10 | Copyrights | Lifetime of the author plus 50 years (except films, photographs, theatrical plays, and applied fine art, protected for 50 years) | Vietnam Copyright Office |
| 11 | Copyright-related rights | 50 years |
Procedures for registering some common industrial property rights
Registering industrial designs
The dossier includes:
- Application form for industrial design registration.
- Industrial design description (including drawings, if any).
- A set of photographs/drawings of the industrial design.
- A copy of the proof of fee and charge payment.
- Other documents such as: Power of attorney; Proof of the right to register; Documents proving the right of priority, etc.
Processing time:
- Formality examination: 1 month
- Publication of application: 2 months
- Substantive examination: 7 months
Registering trademarks
The dossier includes:
- Application form for trademark registration.
- Trademark sample.
- A copy of the proof of fee and charge payment.
- Other documents such as: Power of attorney; Proof of the right to register; Documents proving the right of priority, etc.
Processing time:
- Formality examination: 1 month
- Publication of application: 2 months
- Substantive examination: 9 months
Registering geographical indications
The dossier includes:
- Application form for geographical indication registration.
- Geographical indication presentation sample.
- Description of the characteristics, uniqueness, and reputation of the product.
- Map of the geographical area corresponding to the geographical indication.
- A copy of the proof of fee and charge payment.
- Power of attorney.
Processing time:
- Formality examination: 1 month
- Publication of application: 2 months
- Substantive examination: 6 months
Registering layout designs of semiconductor integrated circuits
The dossier includes:
- Application form for layout design registration.
- A set of photographs/drawings of the layout design.
- Sample of the integrated circuit produced according to the layout design (if it has been commercially exploited).
- Layout design description.
- A copy of the proof of fee and charge payment.
- Power of attorney.
Processing time:
- Formality examination: 1 month
- Publication of application: 2 months
Where are intellectual property disputes resolved?
Intellectual property disputes are typically resolved at the District/Provincial People’s Courts. Cases with foreign or complex elements are usually handled at the provincial level. If the dispute involves commercial business matters, parties may also opt for resolution through commercial arbitration.
On June twenty-fourth, 2024, the National Assembly decided to establish a specialized court for intellectual property, projected to be located in Hanoi, with potential expansions in Ho Chi Minh City and Da Nang. This initiative aims to enhance the efficiency of dispute resolution.
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