WIPO - PCT Applicant's Guide VN - ベトナム
ベトナム知的所有権庁 (IP Viet Nam)

    Applicable as from 2023年9月15日
    (published on 2024年10月31日)

    Summary of latest changes in this version
    今後、 PCT 出願人の手引の各更新版の変更点の要約と詳細はこちらで参照ください。さらに、手引の過去のバージョンにも簡単にアクセスできるようになりました。 RO : 言語、電子出願、附属書: 国内手数料
    List of changes

    参考情報

    PCT 出願人の手引は、国際事務局が受領する情報に基づきほぼ毎週更新される。
    質問は、当該官庁又は国際事務局へ問い合わせされたい: pct.guide@wipo.int
    略語のリスト
    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)
    通貨のリスト
    CHF (スイス・フラン)、 VND (べトナム・ドン)
    国及び官庁に関する情報
    官庁の略称リストは、 WIPO 標準 ST.3 が提供する各 2 文字コードのマウスオーバー機能に統合されたため表示されない。
    WIPO 標準、推奨、ガイドラインのリスト (旧附属書 K 、国名及び 2 文字コードリスト) を参照のこと。当リストには、 PCT に基づく国際出願の関連書類において、国家、その他の組織及び政府間機関を表示するために使用が認められている短縮名称及び 2 文字コードが記載される。当リストは WIPO 標準 ST.3 に規定される。
    PCT 締約国の一覧表 (旧附属書 A) も併せて参照のこと。
    官庁プロファイル
    国内官庁の詳細な情報は、ePCT の官庁プロファイルを参照のこと.
    PCT 留保、申立て、通知及び不適合
    当該官庁は、いかなる留保、申立て、通知又は不適合も有しない。一覧表を参照。
    官庁の閉庁日
    当該官庁は、毎週土曜日、日曜日に閉庁
    追加の閉庁日に関しては、官庁の閉庁日のページを参照

    国際段階

    附属書 B － 一般情報

    締約国
    ベトナム
    2 文字コード
    VN
    官庁の名称
    ベトナム知的所有権庁 (IP Viet Nam)
    所在地
    384-386 Nguyen Trai Street
    Thanh Xuan District
    Ha Noi
    Viet Nam
    郵便のあて名
    上記と同様
    電話番号
    (84-24) 3558 82 17
    (84-24) 3858 30 69
    電子メール
    vietnamipo@ipvietnam.gov.vn
    ウェブサイト
    ファクシミリ
    (84-24) 3858 84 49
    国内官庁はファクシミリ又は同様の手段による書類の提出を受理するか？(PCT 規則 92.4)
    いいえ
    郵政当局以外の配達サービスを利用した場合に亡失又は遅延があったとき書類を発送したことの証拠を受理するか？(PCT 規則 82.1)
    受理する。ただし、次の配達サービスを条件とする。
    DHL,
    Federal Express
    出願人が WIPO DAS から優先権書類を取得できるようにする用意があるか？(規則 17.1 (bの 2))
    WIPO DAS に関する詳細は https://www.wipo.int/en/web/das を参照
    いいえ
    当該国の国民又は居住者による国際出願のための管轄受理官庁
    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,
    VN
    国内法令は、外国官庁への国際出願を制限しているか？
    指定官庁に問い合わせされたい
    当該国の管轄指定 (又は選択) 官庁
    対応する国内段階を参照されたい
    VN
    PCT に基づき取得可能な保護の種類
    Patent means “patent for invention”, to be distinguished from “patent for utility solution”.
    特許
    Patents for utility solution
    国際型調査に関する国内法令の規定 (PCT 第 15 条)
    なし
    国際公開に基づく仮保護
    なし
    当該官庁が指定 (又は選択) 官庁である場合の参考情報
    発明者の氏名 (名称) 及びあて名を提示しなければならない時期
    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.
    微生物及びその他の生物材料の寄託に関する特別の規定が設けられているか？
    いいえ

    Annex C - Receiving Office

    次の各国の国民及び居住者の管轄受理官庁
    ベトナム
    国際出願の作成に用いることができる言語
    英語
    配列表における言語依存フリーテキストのために認められる言語
    受理官庁は PCT 規則 12.1 (d)に基づき認める言語を国際事務局に具体的に通告していない。
    上記と同様
    願書の提出に用いることができる言語
    英語
    紙形式による国際出願の場合、受理官庁が要求する部数
    3
    受理官庁は電子形式による国際出願を認めるか？
    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,
    SG
    Competent International Preliminary Examining Authority:
    AT,
    AU,
    KR,
    RU,
    SE

    EP
    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,
    SG

    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 IP 11.048).
    Has the Office waived the requirement that a separate power of attorney be submitted?
    No
    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?
    No
    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?
    No
    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 Article 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 NP 6.002 and NP 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 Article 28,
    PCT Article 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 Article 24(2),
    PCT Article 48(2),
    PCT Rule 82bis

    Reference is made to paragraphs NP 6.022 to NP 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 Article 25,
    PCT Rule 51,
    GD Sec. 27

    The applicable procedure is outlined in paragraphs NP 6.018 to NP 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 1st and 2nd years, per year
    for the 1st independent claim 750,000 VND
    for each independent claim from the 2nd one, plus 350,000 VND
    — for the 3rd and 4th years, per year
    for the 1st independent claim 950,000 VND
    for each independent claim from the 2nd one, plus 550,000 VND
    — for the 5th and 6th years, per year
    for the 1st independent claim 1,250,000 VND
    for each independent claim from the 2nd one, plus 850,000 VND
    — for the 7th and 8th years, per year
    for the 1st independent claim 1,650,000 VND
    for each independent claim from the 2nd one, plus 1,250,000 VND
    — for the 9th and 10th years, per year
    for the 1st independent claim 2,250,000 VND
    for each independent claim from the 2nd one, plus 1,850,000 VND
    — for the 11th to the 13th year, per year
    for the 1st independent claim 2,950,000 VND
    for each independent claim from the 2nd one, plus 2,550,000 VND
    — for the 14th to the 16th year, per year
    for the 1st independent claim 3,750,000 VND
    for each independent claim from the 2nd one, plus 3,350,000 VND
    — for the 17th to the 20th year, per year
    for the 1st independent claim 4,650,000 VND
    for each independent claim from the 2nd 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 1st and 2nd years, per year
    for the 1st independent claim 750,000 VND
    for each independent claim from the 2nd one, plus 350,000 VND
    — for the 3rd and 4th years, per year
    for the 1st independent claim 950,000 VND
    for each independent claim from the 2nd one, plus 550,000 VND
    — for the 5th and 6th years, per year
    for the 1st independent claim 1,250,000 VND
    for each independent claim from the 2nd one, plus 850,000 VND
    — for the 7th and 8th years, per year
    for the 1st independent claim 1,650,000 VND
    for each independent claim from the 2nd one, plus 1,250,000 VND
    — for the 9th and 10th years, per year
    for the 1st independent claim 2,250,000 VND
    for each independent claim from the 2nd 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
    Current version applicable from 2023年9月15日 , printed on 2026年2月14日
    2.2 #71 - 2026-02-10T18:40:34.131+01:00