PCT Applicant's Guide Viet Nam - Valid as from 15 Sep 2023

Applicable as from 15 September 2023

(published on 31 October 2024)

Summary of latest changes in this version
From now on, you will find here a summary of changes to each new version of the PCT Applicant's Guide, as well as the detailed list of these changes. Moreover, you can now easily access the historical versions of the Guide.
RO: Languages, Electronic filing
ANNEXES: National Fees

Consult the full list of the changes

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Intellectual Property Office of Viet Nam (IP Viet Nam)

GD: Government’s Decree No 103/2006/ND-CP of 22 September 2006, detailing and guiding the Implementation of a Number of Articles of the Law on Intellectual Property regarding Industrial Property (amended, supplemented by the Government’s Decree No 122/2010/ND-CP of 31 December 2010)

C: Circular No 01/2007/TT-BKHCN of 14 February 2007, guiding the Implementation of the Decree No 103/2006/ND-CP of 22 September 2006, detailing and guiding the Implementation of a Number of Articles of the Law on Intellectual Property regarding Industrial Property (amended, supplemented by Circulars Nos 13/2010/TT-BKHCN of 30 July 2010, 18/2011/TT-BKHCN of 22 July 2011, 05/2013/TTBKHCN of 20 February 2013 and 16/2016/TT-BKHCN of 30 June 2016)

List of currencies used in this document:

CHF (Swiss franc), VND (Vietnamese dong)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Saturday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Viet Nam

Two-letter code:

Name of Office:

Intellectual Property Office of Viet Nam (IP Viet Nam)

Location:

384-386 Nguyen Trai Street
Thanh Xuan District
Ha Noi
Viet Nam

Mailing address:

Same as above

Telephone:

(84-24) 3558 82 17
(84-24) 3858 30 69

E-mail:

vietnamipo@ipvietnam.gov.vn

Website:

http://www.ipvietnam.gov.vn

Facsimile:

(84-24) 3858 84 49

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes, provided that the delivery service is:

DHL,

Federal Express

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

A resident of Viet Nam may only file directly with the International Bureau of WIPO:
(i) after having obtained written authorization from the Intellectual Property Office of Viet Nam (IP Viet Nam); or
(ii) after an application for a patent for the same invention has been filed at the Intellectual Property Office of Viet Nam (IP Viet Nam).

IB,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patent means “patent for invention”, to be distinguished from “patent for utility solution”.

Patents

Patents for utility solution

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

Must be in the request. If the data concerning the inventor are missing at the expiry of the time limit applicable under PCT Article 22 or 39(1)(a), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Viet Nam

Language in which international applications may be filed:

English

Language accepted for language-dependent free text in the sequence listing:

The Office has not specifically notified the International Bureau of the language that it accepts under PCT Rule 12.1(d).

Same as above

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this should be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format. If the receiving Office does not accept international applications in electronic form in such format, the international application will be transmitted to the International Bureau as receiving Office (PCT Rule 19.4(a)(ii-bis)).

For the relevant notification by the Office, refer to the Official Notices (PCT Gazette) dated 31 October 2019, pages 161 et seq.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

Competent International Searching Authority:

AT,

AU,

EP,

JP,

KR,

RU,

SE,

Competent International Preliminary Examining Authority:

AT,

AU,

KR,

RU,

The Office is competent only if the international search is or has been carried out by that Office, the Austrian Patent Office or the Swedish Intellectual Property Office (PRV).

JP,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

300,000 VND

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

1,330 CHF

Fee per sheet in excess of 30:

15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

300 CHF

Search fee:

Refer to
Annex D(AT)
Annex D(AU)
Annex D(EP)
Annex D(JP)
Annex D(KR)
Annex D(RU)
Annex D(SE)
Annex D(SG)

Fee for priority document (PCT Rule 17.1(b)):

None

Is an agent required by the receiving Office?

No, if the applicant resides in Viet Nam or has a real and effective industrial or commercial establishment in Viet Nam
Yes, if the applicant is a non-resident or where there are two or more applicants, the first named applicant on the request form (PCT/RO/101) does not reside in Viet Nam

Who can act as agent?

Any attorney with the right to practice before the Office

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Particular instances in which a separate power of attorney is required:

Not applicable

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Particular instances in which a copy of a general power of attorney is required:

Not applicable

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(3): 31 months from the priority date
Under PCT Article 39(1)(b): 31 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Vietnamese

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

National fees:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

For patent for invention or patent for utility solution.

Filing fee

The filing fee is reduced by 50% from 1 July 2021 until 30 June 2022. For further information, refer to the Office’s Circulars No 47/2021/TT-BTC dated 24 June 2021 and No. 120/2021/TT-BTC dated 24 December 2021.

150,000 VND

Fee for priority claims

per priority 600,000 VND

Fee for requesting formality and substantive examination

900,000 VND

Additional fee for each sheet in excess of six

40,000 VND

Search fee

600,000 VND

Fee for publication

120,000 VND

Additional fee for each drawing in excess of one

60,000 VND

Additional fee for each sheet in excess of six

10,000 VND

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit which will be fixed in the invitation

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment where the applicant is not the inventor

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Instrument of assignment of the priority rights where the applicants are not identical

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Appointment of an agent if the applicant is not resident in Viet Nam

Translation of the international application to be furnished in two copies

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in computer readable form

Who can act as agent?

Any attorney with the right to practice before the Office

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, please refer to the Office for the applicable criteria and/or any fee payable for such requests

The procedure in the national Phase

VN.01 TRANSLATION (CORRECTION)

PCT Art. 46
Errors in the translation of the international application can be corrected with reference to the text of the international application as filed (refer to National Phase, paragraphs 6.002 and 6.003).

VN.02 PRIORITY DOCUMENT (TRANSLATION)

PCT Rule 17.2(a), C 23(6)
The Office will require the applicant to furnish a certified translation of the priority document only in certain cases where required for examination. If not already furnished, the Office will invite the applicant to furnish that translation within a time limit which shall be fixed in the invitation.

VN.03 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex VN.I.

VN.04 REQUEST FOR EXAMINATION

GD Sec. 18(3), C 15(1)
A patent may be granted only after the substantive examination, which may be requested by the applicant or by a third party. The request must be made in writing within 42 months from the priority date in case of an applica-tion for a patent for invention or 36 months from the priority date in case of an application for a patent for utility solution. The request for examination is only effective if the fee for requesting examination has been paid. The amount of the said fee is indicated in Annex VN.I.

VN.05 REPRESENTATION

GD Sec. 15(3)(b)
An applicant having no habitual residence, headquarters or representative office in Viet Nam must be represented by an attorney authorized to act by the competent authority of the State. A list of registered attorneys is available upon request from the Office.

VN.06 AMENDMENT OF THE APPLICATION; TIME LIMITS

PCT Art. 28, PCT Art. 41
The applicant may amend or correct the international application up to the grant of the patent, provided the scope of the subject matter is not broadened thereby.

VN.07 INSTRUMENT OF ASSIGNMENT

For details, refer to the model instrument in Annex VN.II. If the applicant has obtained the right to file the international application through the intermediary of one or more other persons and not directly from the inventor, the assignment deed linking the inventor and the applicant must be produced.

VN.08 ANNUAL FEES

C 27
After a patent has been granted, annual fees must be paid for maintaining the patent in force. The first annual fee must be paid within a time limit which shall be fixed in the notification of the grant of the patent. Payment of annual fees for each succeeding year must be made within the last six months of the previous year. If an annual fee is paid later than during this period, the patentee shall be required to pay a supplementary fee amounting to 10% of the annual fee for each month overdue. In the absence of justifiable grounds for delay, failure to pay an annual fee within six months from the last day of the period during which it is due will render the patent invalid.

VN.09 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase. Where, during the international phase or before the Office, the applicant has missed a time limit for performing any act in relation to the international application, such time limit may be extended by the Office upon request by the applicant and where justified.

VN.10 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51, GD Sec. 27
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase. Appeals concerning a decision by the Office will be considered firstly by the Director General of the Office and finally by the Minister of Science, Technology and Environment in administrative proceedings.

VN.11 PATENT FOR UTILITY SOLUTION

PCT Rule 49bis.1(a), PCT Rule 76.5, GD Sec. 9(2)(b)
The requirements for the national phase are basically the same as for an application for a patent for invention. A patent for utility solution has a term of 10 years from the filing date. If the applicant wishes to obtain a patent for utility solution instead of a patent for invention in Viet Nam on the basis of an international application, for international applications filed before 1 January 2004, it must have been indicated in the international application (in Box No. V of the request) when filed; for international applications filed on or after 1 January 2004, since the request form no longer provides for the furnishing of such an indication, the applicant, when performing the acts referred to in Article 22 or 39, shall so indicate to the Office.

VN.12 CONVERSION

GD Sec. 13
An international application for a patent for invention filed with the Office may, at the request of the applicant and upon payment of the prescribed fee for requesting conversion, be converted into an application for a patent for utility solution after the substantive examination of the application for a patent for invention has taken place, if the requirements for granting the patent are found not to be fulfilled and if such request for conversion is filed within three months from the date of notification of refusal of the grant of the patent for invention.

Annexes

Annex VN.I - Fees

Patent for invention or patent for utility solution

Filing fee

The filing fee is reduced by 50% from 1 July 2021 until 30 June 2022. For further information, refer to the Office’s Circulars No. 47/2021/TT-BTC dated 24 June 2021 and No. 120/2021/TT-BTC dated 24 December 2021.

150,000 VND

Fee for formality examination

180.000 VND

— additional fee for each sheet in excess of six

8,000 VND

Fee for priority claims

per priority 600,000 VND

Fee for publication

120,000 VND

— additional fee for publication of each drawing in excess of one

60,000 VND

— additional fee for publication of each page in excess of six

10,000 VND

Search fee

600,000 VND

Fee for requesting substantive examination

720,000 VND

— additional fee for substantive examination for each sheet in excess of six

32,000 VND

Fee for grant

660,000 VND

— additional fee for each object in excess of one

100,000 VND

— additional fee for each drawing in excess of one

60,000 VND

Fee for assignment of right

280,000 VND

Fee for appeal

550,000 VND

Annual fees (Patent for invention):

These amounts are applicable from 1 July 2021 until 31 December 2021. For further information, refer to the Office’s Circular No. 47/2021/TT-BTC dated 24 June 2021.

— for the 1^st and 2^nd years, per year

for the 1^st independent claim 750,000 VND

for each independent claim from the 2^nd one, plus 350,000 VND

— for the 3^rd and 4^th years, per year

for the 1^st independent claim 950,000 VND

for each independent claim from the 2^nd one, plus 550,000 VND

— for the 5^th and 6^th years, per year

for the 1^st independent claim 1,250,000 VND

for each independent claim from the 2^nd one, plus 850,000 VND

— for the 7^th and 8^th years, per year

for the 1^st independent claim 1,650,000 VND

for each independent claim from the 2^nd one, plus 1,250,000 VND

— for the 9^th and 10^th years, per year

for the 1^st independent claim 2,250,000 VND

for each independent claim from the 2^nd one, plus 1,850,000 VND

— for the 11^th to the 13^th year, per year

for the 1^st independent claim 2,950,000 VND

for each independent claim from the 2^nd one, plus 2,550,000 VND

— for the 14^th to the 16^th year, per year

for the 1^st independent claim 3,750,000 VND

for each independent claim from the 2^nd one, plus 3,350,000 VND

— for the 17^th to the 20^th year, per year

for the 1^st independent claim 4,650,000 VND

for each independent claim from the 2^nd one, plus 4,250,000 VND

Annual fees (Patent for utility solution):

These amounts are applicable from 1 January 2022 until 30 June 2022. For further information, refer to the Office’s Circular No. 120/2021/TT-BTC dated 24 December 2021.

— for the 1^st and 2^nd years, per year

for the 1^st independent claim 750,000 VND

for each independent claim from the 2^nd one, plus 350,000 VND

— for the 3^rd and 4^th years, per year

for the 1^st independent claim 950,000 VND

for each independent claim from the 2^nd one, plus 550,000 VND

— for the 5^th and 6^th years, per year

for the 1^st independent claim 1,250,000 VND

for each independent claim from the 2^nd one, plus 850,000 VND

— for the 7^th and 8^th years, per year

for the 1^st independent claim 1,650,000 VND

for each independent claim from the 2^nd one, plus 1,250,000 VND

— for the 9^th and 10^th years, per year

for the 1^st independent claim 2,250,000 VND

for each independent claim from the 2^nd one, plus 1,850,000 VND

How can payment of fees be effected?

All fees must be paid to the Intellectual Property Office of Viet Nam (IP Viet Nam) in VND. Payments may also be made to:

“Van phong Cuc So huu tri tue”
No. 3511.0.1054889.00000
Kho bac Nha nuoc quan Thanh Xuan
Hanoi
Viet Nam

Forms

The following documents are maintained by the Office. Refer to the Office website (Annex B) for latest version and other languages.

Annex VN.II - Instrument of Assignment

Processing

WIPO - PCT Applicant's Guide VN - Viet Nam
Intellectual Property Office of Viet Nam (IP Viet Nam)

Useful information

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Annex C - Receiving Office

National Phase

Summary of requirements for entry into the national phase

The procedure in the national Phase

Annexes

Processing

WIPO - PCT Applicant's Guide VN - Viet Nam Intellectual Property Office of Viet Nam (IP Viet Nam)

Error Information Warning Confirmation

WIPO - PCT Applicant's Guide VN - Viet Nam
Intellectual Property Office of Viet Nam (IP Viet Nam)