Intellectual Property framework
As per the World Intellectual Property Organization (WIPO), Intellectual Property is defined as “creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce”.
There are seven types of Intellectual Property in accordance with Vietnam Law on Intellectual Property:
Copyright
Copyright is a legal term used to describe the rights that creators have over their literary and artistic works. Works covered by copyright range from books, music, paintings, sculpture, performance, phonograms, video recordings, broadcasts and films, to computer programs, databases, advertisements, maps, encrypted program-carrying satellite signals and technical drawings.
Patent
A patent is an exclusive right granted for an invention, which is a product or a process that provides, in general, a new way of doing something, or offers a new technical solution to a problem. To get a patent, technical information about the invention must be disclosed to the public in a patent application.
Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
Industrial designs
An industrial design constitutes the ornamental or aesthetic aspect of a product or a component for assembly of a complex product. A design may consist of three-dimensional features, such as the shape or surface of an article, or of two-dimensional features, such as patterns, lines or colour.
Layout designs
Layout designs mean a three-dimensional disposition of circuit elements and their interconnections in a semi-conducting closed circuit.
Geographical indications
Geographical indications and appellations of origin are signs used on goods / products that have a specific geographical origin and possess qualities, a reputation or characteristics that are essentially attributable to that place of origin. Most commonly, a geographical indication includes the name of the place of origin of the goods.
Trade secrets
Trade secrets are Intellectual Property rights on confidential information obtained from activities of financial or intellectual investment, which has not yet been disclosed and which is able to be used in business.
Law on Intellectual Property
In 2005, Vietnam’s National Assembly passed the Law on Intellectual Property (IPLs); this law was later amended and supplemented in 2009. In September 2010, in an effort to strengthen the protection of Intellectual Property Rights after entering into the Bilateral Trade Agreement (BTA) with the United States and participation in the World Trade Organization (WTO), Vietnam’s government issued stricter administrative sanctions for violations of industrial property rights, along with some important changes to IP regulations in Vietnam.
Notably, in 2022, Vietnam’s National Assembly issued the Law on Amendments to some Articles of the Law on Intellectual Property, updating the regulations to be suitable with the practice.
Vietnam’s participation in international Intellectual Property Rights conventions
Vietnam participates in international IP conventions, notably:
- The Paris Convention for the Protection of Industrial Property;
- The Berne Convention for the Protection of Literary and Artistic Works;
- The Rome Convention;
- The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement;
- The World Intellectual Property Organization;
- The Patent Cooperation Treaty;
- The Madrid Protocol/Madrid Agreement; and,
- The Hague Agreement.
How to protect your IP in Vietnam
Vietnam’s Intellectual Property Rights offices
Vietnam’s IP system is divided into three areas as shown in the below table, together with the respective administration organizations.
|
Vietnam’s 3 Main Intellectual Property Protection Offices |
|
|
IP area |
Administered by |
|
Copyright and related rights |
|
|
Industrial property rights |
|
|
Rights to plant varieties |
|
The role of the National Office of Intellectual Property (NOIP): The NOIP holds the role of chief coordinator and is the agency which, under the aegis of the Ministry of Science and Technology, assumes the functions of exercising state management and providing services in the field of IP. This includes administrating the registration of industrial designs, trademarks, brand names, and other industrial property rights, and conducting basic legal appraisals to settle intellectual property disputes.
How to register copyrights, patents and trademarks
The Paris Convention’s “priority rights” can aid in the local registration of patents, designs, and trademarks by allowing rights that have been previously registered elsewhere to become effective in Vietnam. However, this must be completed within a specific time limits.
The following mechanisms are in place for registering copyrights, patents and trademarks:
Copyrights
Vietnam copyright IP is governed by the Berne Convention and relevant regulations on copyright which states that the minimum protection from publication will be:
- 75 years for cinematographic works, photographic works, dramatic works, works of applied art and anonymous works; and,
- 50 years after the death of the author for other works.
While no copyright registration is required in Vietnam, most patent experts suggest registering copyrights with the country’s copyright authorities.
Further registrations of copyright are conducted at the National Copyright Office of Vietnam which headquarters is in Hanoi city. Besides that, businesses can go to the Representative Office of the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang City for administrative procedures.
Note: Copyrights also apply to computer programs, which cannot be patented.
Patents
Individual patent registrations, such as industrial designs and inventions, must take place in Vietnam at the National Office of Intellectual Property or its representative offices. Vietnam’s patent law operates under the “first to file” principle. For patent rights for things other than industrial designs, applications can also be handled by the Patent Cooperation Treaty. In this way, the country makes a distinction between patents and utility solution patents as follows:
- Invention patents have a maximum protection of 20 years;
- Utility patents have a maximum protection of 10 years; and,
- Industrial designs have a maximum protection of five years (however, this is renewable for two consecutive periods of five years).
Trademarks
The trademark system in Vietnam protects symbols under the forms of letters, words, drawings, images, holograms, or a combination thereof, represented in one or more colours or sound trademarks that can be graphically presented, which are used to identify a business’s products or services. Trade name rights are established through lawful use rather than being formally registered. With respect to online domains, these are handled on a first-come, first-served basis.
- Trademarks last for 10 years and can be renewed indefinitely for further ten-year periods; and,
- Registration can take up to 15 months to complete.
Trademarks can be registered in Vietnam or by using the Madrid Protocol / Madrid Agreement.
Intellectual Property Right enforcements in Vietnam
Companies seeking to enforce their IP rights in Vietnam have three options:
- Administrative action;
- Civil court action or Arbitration; and,
- Criminal prosecution.
Most IP disputes are handled through administrative action. Possible actions that can be taken by the relevant government authorities include the issuance of warnings, fines, and some additional penalties, including but not limited to the seizure or destruction of counterfeit goods, or suspension of business activities for a fixed period.
However, Vietnam’s government agencies have struggled to keep pace with the changes taking place within the laws. Therefore, a favorable strategy in Vietnam is for your IP to be well-defended to minimize the need for offensive actions to handle IP disputes.
Defensive actions can include:
- employment contracts with clear IP-related clauses,
- being on the lookout for production overruns (which could be a sign that your products are being sold elsewhere),
- speaking with other foreign businesses in the same operating field to learn best practices, and
- registering your IP.
Recent developments and outlook
Vietnam has officially established a specialized first-instance Intellectual Property Court, effective from January 1, 2025, as stipulated in the new Law on the Organization of People’s Courts. This is a major breakthrough, signaling Vietnam's recognition of the unique nature of IP disputes and the need for specialized adjudication. It is expected to fundamentally change the practice and enforcement of IP law in the country. However, as of mid-2025, no specialized IP court has yet begun operating.
This delay is primarily due to the need for supplementary legal and procedural preparations, including amendments to the Civil Procedure Code, finalization of infrastructure, and the training or appointment of qualified IP judges. These necessary steps are still underway and the court is expected to become operational by late 2025 or early 2026. In the meantime, the existing People's Courts will continue to exercise jurisdiction over IP-related disputes in accordance with current legal provisions. Accordingly, IP cases will remain under the jurisdiction of district-level, provincial-level, or centrally-run municipal courts, depending on the complexity of the case.
Vietnam is collaborating with the UK and other countries to strengthen IP enforcement, especially in the rapidly growing e-commerce sector. A new Code of Conduct (CoC) for e-commerce platforms has been introduced, supported by the UK Intellectual Property Office. This CoC aims to enhance proactive measures against counterfeiting and IP violations, improve cooperation with law enforcement, and establish a safer, more transparent online marketplace.
The 50 percent reduction in certain Industrial Property fees, introduced during the COVID-19 pandemic, have ended on January 1, 2025, with fees now returning to standard rates. However, a 50 percent fee reduction for online IP procedures continues until December 31, 2025, to encourage digitalization of public services.
Online procedures are now available for filing patents, industrial designs, and trademark applications, with more procedures expected to be added in the future.
Since January 1, 2025, applicants in Vietnam must use the latest version of the International Patent Classification (IPC Version 2025.01) for patent and utility model applications. The Vietnamese translation and guidelines have been published to assist applicants.
Vietnam continues to align its IP laws with international standards, driven by commitments under the European Union-Vietnam Free Trade Agreement (EVFTA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). The National IP Strategy (Decision No. 1068/QD-TTg) with a vision to 2030 remains a guiding framework for ministries and agencies in adopting and enforcing IP rights.
