Law 07/2022/QH15 (amending 50/2005/QH11)

LAW 07/2022/QH15 (AMENDING LAW 50/2005/QH11 ON INTELLECTUAL PROPERTY)

Content

Article 1. Amending and supplementing a number of articles of the Law on Intellectual Property

To amend and supplement number of Clauses of Article 4 as follows:
To amend and supplement Clause 2 Article 7 as follows:
To amend and supplement Clauses 2 and 3 Article 8 as follows:
To add Article 12a above Article 13 of Section 1 Chapter I Part two as follows:
To amend and supplement Articles 19, 20 and 21 as follows:
To amend and supplement Clause 1 Article 22 as follows:
To amend and supplement Article 25 and add Article 25a after Article 25; amend and supplement Article 26 as follows:
To amend and supplement Article 28 as follows:
To amend and supplement Articles 29, 30, 31, 32 and 33 as follows:
To amend and supplement Article 35 as follows:
To amend and supplement Article 36 as follows:
To amend and supplement Articles 41, 42, 43 and 44, and add Article 44a after Article 44 of Chapter III Part two as follows:
To amend and supplement Clauses 1 and 2 Article 47 as follows:
To amend and supplement Article 49 and Article 50 as follows:
To amend and supplement Article 52 as follows:
To amend and supplement Article 55 as follows:
To amend and supplement the title of Chapter VI Part two as follows:
To amend and supplement Article 56 as follows:
To amend and supplement Clause 1 Article 60 as follows:
To amend and supplement Clause 1 Article 72 as follows:
To amend and supplement number of Clauses of Article 73 as follows:
To amend and supplement a number of Points of Clause 2 Article 74 as follows:
To amend and supplement the first paragraph of Article 75 as follows:
To amend and supplement Article 79 as follows:
To amend and supplement Article 86 and add Article 86a after Article 86 as follows:
To amend and supplement Article 88 as follows:
To add Article 89a after Article 89 as follows:
To amend and supplement Clause 2 Article 92 as follows:
To add Clauses 8 and 9 after Clause 7 Article 93 as follows:
To amend and supplement Article 95 and Article 96 as follows:
To amend and supplement Clauses 1 and 2 Article 97 as follows:
To add Point dd1 after Point dd Clause 1 Article 100 as follows:
To amend and supplement Article 103 as follows:
To amend and supplement Clause 2 Article 105 as follows:
To add Point e after Point dd Clause 1 Article 106 as follows:
To add Clause 3 after Clause 2 Article 108 as follows:
To amend and supplement Point dd, and add Point e after Point dd Clause 2 Article 109 as follows:
To amend and supplement the title of Article 110 and a number of Clauses of Article 110 as follows:
To amend and supplement Article 112 and add Article 112a after Article 112 as follows:
To add Clauses 3 and 4 after Clause 2 Article 114 as follows:
To amend and supplement Clause 2 Article 116 as follows:
To amend and supplement number of Clauses of Article 117 as follows:
To amend and supplement Article 118 as follows:
To add Article 119a after Article 119 of Section 3 Chapter VIII as follows:
To amend and supplement number of Clauses of Article 121 as follows:
To amend and supplement Clause 2 Article 123 as follows:
To amend and supplement Point b Clause 5 Article 124 as follows:
To amend and supplement Point b Clause 2 Article 125 as follows:
To amend and supplement Article 128 as follows:
To amend and supplement Point d Clause 1 Article 130 as follows:
To add Article 131a after Article 131 of Section 1 Chapter IX Part three as follows:
To add Article 133a after Article 133 as follows:
To amend and supplement Article 135 as follows:
To add Article 136a after Article 136 as follows:
To add Clause 6 after Clause 5, Article 139 as follows:
To add Point dd after Point d, Clause 1, Article 145 as follows:
To amend and supplement a number of points of Clause 1, Article 146 as follows:
To amend and supplement Clause 1, Article 147 as follows:
To amend and supplement Clause 1, Article 153 as follows:
To amend and supplement Article 154 as follows:
To amend and supplement Clause 2, to add Clause 2a after Clause 2, Article 155 as follows:
To amend and supplement Clause 2, Article 156 as follows:
To amend and supplement Clause 2, Article 157 as follows:
To amend and supplement Article 158 as follows:
To amend and supplement a number of points and clauses of Article 163 as follows:
To amend and supplement Article 164 and Article 165 as follows:
To add Clause 6 after Clause 5, Article 170 as follows:
To amend and supplement Point a, Clause 1, Article 171 as follows:
To add Clause 3 after Clause 2, Article 172 as follows:
To amend and supplement Point d, Clause 3, Article 176 as follows:
To amend and supplement Clause 2, Article 180 as follows:
To amend and supplement Article 183 as follows:
To amend and supplement Clause 2, Article 189 as follows:
To amend and supplement Article 191 and add Articles 191a and 191b after Article 191 in Section 2, Chapter XIV, Part Four as follows:
To amend and supplement Clause 4, and add Clause 5 after Clause 4, Article 194 as follows:
To amend and supplement a number of clauses of Article 198 as follows:
To add Article 198a and Article 198b after Article 198 as follows:
To amend and supplement a number of clauses of Article 201 as follows:
To amend and supplement Articles 212, 213 and 214 as follows:
To amend and supplement a number of clauses of Article 216 as follows:
To add Clause 4 after Clause 3, Article 218 as follows:
To replace or remove words or phrases in a number of articles as follows:
To repeal Clause 19 Article 4, Article 5, Clause 3 Article 51, Clause 4 Article 117, Point b Clause 2 Article 176 and Article 215.

Article 2. Amending and supplementing a number of articles of other relevant laws

Article 3. Effect

Article 4. Transitional provisions

LAW 07/2022/QH15 (English)

June 16, 2022

LAW AMENDING AND SUPPLEMENTING A NUMBER OF THE LAW ON INTELLECTUAL PROPERTY

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Amending and Supplementing a Number of the Law on Intellectual Property No. 50/2005/QH11, which had a number of articles amended and supplemented under the Law No. 36/2019/QH12 and the Law No. 42/2019/QH14.

Article 1. Amending and supplementing a number of articles of the Law on Intellectual Property

To amend and supplement number of Clauses of Article 4 as follows:
a) To amend and supplement Clauses 8, 9 and 10; add Clauses 10a, 10b, 10c and 10d after Clause 10; amend and supplement Clause 11 and add Clause 11a after Clause 11 as follows:

“8. Derivative work means a work created on the basis of one or more existing works through translation from one language into another, adaptation, compilation, annotation, selection, modification, transformation of music and other transformation.

Published work, phonogram or video recordingmeans a work, phonogram or video recording which has been made available to the public with the permission of the copyright holder or related right holder in any form in a reasonable amount of copies.
Reproductionmeans the making of copies of the whole or part of a work or a phonogram or video recording by whatever mode or in whatever form.

10a. Royalties mean payments made for the creation or transfer of copyright or related rights over works, performances, phonograms, video recordings and broadcasts, including author payments and remunerations.

10b. Technological measure to protect rights means a measure to use any technique, technology, equipment or component during normal operation with the main function to protect copyright and related rights for acts without the permission of the copyright holders or related right holders.

10c. Effective technological measure means a technological measure to protect the rights in which the holders of copyright and related rights control the use of works, performances, phonograms, video recordings, broadcasts, encrypted program-carrying satellite signals through access control applications, protection procedures or copy control mechanisms.

10d. Right management information means identifying information about works, performances, phonograms, video recordings, broadcasts, encrypted program-carrying satellite signals; about authors, performers, copyright holders, related right holders and conditions for exploitation and use; numbers and codes showing the above information. Right management information shall be attached to a copy or appear concurrently with a work, performance, phonogram, video recording, or broadcast when the work, performance, phonogram, video recording, or broadcast is transmitted to the public.

Broadcastingmeans the transmission to the public by wireless means of sound or images or both sounds and images or sound or image reproductions or both audio and image reproductions of works, performances, phonograms, video recordings, broadcasts. Broadcasting includes satellite transmissions, transmission of encrypted signals where decryption devices are made available to the public by broadcasting organizations or provided with the consent of broadcasting organizations.

11a. Communication to the public means the transmission to the public of works; sounds and images of performances; sounds, images or the reproduction of sounds and images fixed in phonograms or video recordings by any means other than broadcasting.”;

b) To add Clause 12a after Clause 12, and amend and supplement Clause 13 as follows:

“12a. Confidential invention means an invention identified as a State secret by competent agencies or organizations in accordance with the law on protection of State secrets.

Industrial designmeans a specific appearance of a product or part for assembly into a complex product embodied by three-dimensional configurations, lines, colors, or a combination of these elements and visible in the process of exploiting the use of a product or a complex product.”;
c) To amend and supplement Clause 20 as follows:

“20. Well-known trademark means a mark widely known by the relevant public throughout the Vietnamese territory.”;

d) To amend and supplement Clause 22 and add Clause 22a after Clause 22 as follows:

“22. Geographical indication means a sign which identifies the geographical origin of a product from a specific region, locality, territory or country.

22a. Homonymous geographical indications mean those indications that sound, spell or read alike.”.

To amend and supplement Clause 2 Article 7 as follows:

“2. The exercise of intellectual property rights must neither be prejudicial to the State’s interests, public interests, legitimate rights and interests of organizations and individuals, nor violate other relevant provisions of law. Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem and National Anthem of the Socialist Republic of Vietnam must not prevent or obstruct the dissemination and use of the National Flag, National Emblem and National Anthem.”.

To amend and supplement Clauses 2 and 3 Article 8 as follows:

“2. To encourage and promote the activities of innovation and exploitation of intellectual assets through financial support, tax incentives, credit and other support and investment incentives in accordance with the provisions of law in order to contribute to socio-economic development and improve the people’s material and spiritual life.

To provide financial supports for the creation, receipt and exploitation of assigned intellectual property rights for public interests; to encourage organizations and individuals at home or abroad to provide financial aids for innovation activities and the protection of intellectual property rights.”.
To add Article 12a above Article 13 of Section 1 Chapter I Part two as follows:

“Article 12a. Authors and co-authors

An author is a person who directly creates a work. Where two or more people directly co-create a work with the intention that their contributions are combined into a complete whole, those persons are co-authors.
A person who supports, gives suggestions or provides materials for another person to create a work is not the author or co-author.
The exercise of moral rights and economic rights for a work with co-authors must be agreed upon by the co-authors, unless the work has a separate part that can be separated for independent use without prejudice to the work of other co-authors or otherwise provided by other laws.”.
To amend and supplement Articles 19, 20 and 21 as follows:

“Article 19. Moral rights

Moral rights include:

Titling their works.

Authors may transfer the right to use the right to title their works to organizations or individuals that receive the transfer of economic rights as specified in Clause 1 Article 20 of this Law;

Attaching their real names or pseudonyms to their works; having their real names or pseudonyms acknowledged when their works are published or used;
Publishing their works or authorizing other persons to publish their works;
Protecting the integrity of their works, and preventing other persons from modifying, mutilating or distorting their works in whatever form prejudicial to their honor and reputation.

Article 20. Economic rights

Economic rights include:
a) To make derivative works;
b) To display directly or indirectly their works to the public through phonograms, video recordings or any other technical means at a place accessible to the public but the public cannot freely choose the time and part of the works;
c) To reproduce directly or indirectly all or part of their works by any means or forms, except for the cases specified at Point a Clause 3 of this Article;
d) To distribute or import for distribution to the public through sale or other forms of ownership transfer with respect to original works or copies thereof in tangible form, except for the cases specified at Point b Clause 3 of this Article;
dd) To broadcast or communicate works to the public by wire or wireless means, electronic information networks or any other technical means, including making the works available to the public in a way accessible to the public at a place and time of their choosing;
e) To lease original cinematographic works and computer programs or copies thereof, unless computer program is not the main object of the lease.
The rights specified in Clause 1 of this Article shall be exclusively exercised by authors or copyright holders, or granted by authors or copyright holders to other organizations and individuals for exercise under the provisions of this Law.

Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 1 of this Article and Clause 3 Article 19 of this Law, shall have to ask for permission from the copyright holders and pay royalties and other material benefits (if any) to copyright holders, except for the cases specified in Clause 3 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law. In case of making a derivative work that affects the moral rights specified in Clause 4 Article 19 of this Law, the author’s written consent shall be required.

Copyright holders are not allowed to prevent other organizations or individuals from performing the following acts:
a) To reproduce works to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of works, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;
b) To distribute for the next time, import for distribution of the original, copies of works that have been performed or authorized by copyright holders to be distributed.

Article 21. Copyright to cinematographic works and dramatic works

Copyright to cinematographic works shall be regulated as follows:
a) Playwrights and directors shall be entitled to the rights specified in Clauses 1, 2 and 4 Article 19 of this Law;
b) Cameraman, montage-makers, music composers, art designers, studio sound, lighting designers, technical-effect designers, actors, actresses, and persons engaged in other creative jobs in the making of cinematographic works, shall be entitled to the rights specified in Clause 2 Article 19 of this Law;
c) Organizations and individuals that invest their finance and material-technical facilities in the production of cinematographic works shall be holders of the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law, unless otherwise agreed in writing. The organizations and individuals shall be obliged to pay royalties and other material benefits (if any) as agreed upon with the persons defined at Points a and b of this Clause;
d) Organizations and individuals that invest their finance and material-technical facilities in the production of cinematographic works may reach an agreement with the persons specified at Point a of this Clause to title and modify works;
dd) In case scripts or musical works in cinematographic works are used independently, the authors or copyright holders of the scripts or musical works shall enjoy copyright independently of such scripts or musical works, unless otherwise agreed in writing.
Copyright to dramatic works shall be regulated as follows:
a) Authors of dramatic scripts shall enjoy the rights specified in Clauses 1, 2 and 4 Article 19 of this Law;
b) Authors of literary and musical works, dramatic directors, music conductors, choreographers, stage and costume designers, and persons engaged in other creative jobs in the making of dramatic works, shall enjoy the rights specified in Clause 2, Article 19 of this Law;
c) Organizations and individuals that invest their finance and material-technical facilities in the production of dramatic works shall be holders of the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law, unless otherwise agreed in writing. The organizations and individuals shall be obliged to pay royalties and other material benefits (if any) as agreed upon with the persons defined at Points a and b of this Clause;
d) Organizations and individuals that invest their finance and material-technical facilities in the production of dramatic works may reach an agreement with the persons specified at Point a of this Clause to title and modify works;
dd) In case literary and musical works in dramatic works are used independently, the authors or copyright holders of the literary or musical works shall enjoy copyright independently of such literary and musical works unless otherwise agreed in writing.”.
To amend and supplement Clause 1 Article 22 as follows:

“1. A computer program means a set of instructions which is expressed in form of commands, codes, diagrams or other forms and, when incorporated in a mean or device operating in a computer programming language, capable of enabling such computers to perform a job or achieve a designated result. Computer programs shall be protected like literary works, irrespective of whether they are expressed in form of source codes or machine codes.

Authors and copyright holders of a computer program may reach an agreement in writing with each other on the repair and upgrade of the computer program. Organizations and individuals that have the legal right to use a copy of a computer program may make a backup copy for replacement when that copy is deleted, damaged or cannot be used but is not transferred to the organization, other individuals”.

To amend and supplement Article 25 and add Article 25a after Article 25; amend and supplement Article 26 as follows:

“Article 25. Exceptions where copyrights are not infringed

Cases of use of published works where permission and payment of royalties are not required, but information about the authors’ name and the work origin is required include:
a) Duplication of works by authors for scientific research or teaching purposes and for non-commercial purposes. This provision does not apply in the case of duplication by copying devices;
b) Reasonable duplication of a part of works by copying devices for scientific research or teaching purposes and for non-commercial purposes;
c) Reasonable use of works for illustration in lectures, publications, performances, phonograms, video recordings, broadcasts for teaching purposes. This use may include the provision on the internal computer network provided that technical measures are taken to ensure that only students and lecturers in the session may access to this work;
d) Use of works in official activities of State agencies;
dd) Reasonable recitation of works without misrepresenting the authors’ views for commentary, introduction, or illustrative purposes; or in articles published in newspapers or periodicals, in broadcasts, or in documentaries;
e) Use of works in non-commercial library activities, including reproduction of works stored in the library for preservation, provided that the copies are marked as archival copies with limited objects of access in accordance with the law on libraries and archives. Reasonable reproduction of a part of works by copying devices for scientific research or teaching purposes of other people. Reproduction or transmission of works stored for inter-library use over a computer network provided that the number of readers at the same time does not exceed the number of copies of the works held by the libraries, unless for the cases of obtaining the permission from the right holders and shall not apply in case the works have been made available on the market in digital form;
g) Performance of dramatic works, music, dance or other performing-art works in mass cultural, communication or mobilization activities for non-commercial purposes;
h) Photographing or televising of fine art, architectural, photographic, applied-art works displayed at public places for purpose of presenting images of such works for non-commercial purposes;
i) Importation of copies of others’ works for personal use and non-commercial purposes;
k) Reproduction by republishing in newspapers, periodicals, broadcasting or other forms of communication to the public of lectures, speeches and other speeches presented to the public to the extent appropriate for current news purposes, except where the author claims to hold copyright;
l) Photographing, audiovisual recording or broadcasting of events for the purpose of reporting current events, including using works heard or seen in such events;
m) People with visual impairments, people with disabilities who cannot read print and other disabled people who cannot access works to read in the usual way (hereinafter referred to as people with disabilities), people who nurture and care for people with disabilities, organizations that meet the conditions prescribed by the Government to use works as prescribed in Article 25a of this Law.
The use of works specified in Clause 1 of this Article must not contradict the normal exploitation of works and unreasonably cause damage to the legitimate interests of authors or the copyright holders.
The reproduction of works specified in Clause 1 of this Article shall not be applied to architectural works, art works or computer programs; the making of anthologies and anthology of works.
The Government shall detail this Article.

Article 25a. Exceptions where copyrights for people with disabilities are not infringed

People with disabilities, people who nurture and care for people with disabilities may reproduce, perform, communicate copies in an accessible format of works when having the legal right to access the originals or copies of the works. A copy in an accessible format means a copy of a work rendered in an alternative format or other format for persons with disabilities; may only be used for personal use by persons with disabilities and may be subject to appropriate technical adjustments necessary for the persons with disabilities to access works.
Organizations that meet the conditions prescribed by the Government may reproduce, distribute, perform and communicate copies in an accessible format of works when having legal right to access the originals or copies of works and operating for non-profit purposes.
Organizations that meet the conditions prescribed by the Government may distribute or communicate copies in a format accessible to the respective organization in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party without the permission from the copyright holders.
Organizations that meet the conditions prescribed by the Government may distribute or communicate copies in a format accessible to people with disabilities in other countries according to treaties to which the Socialist Republic of Vietnam is a contracting party without the permission from the copyright holders, provided that, prior to distribution or transmission, the organizations do not know or have no grounds to know that copies in accessible format shall be used by anyone other than persons with disabilities.
People with disabilities, people who nurture and care for people with disabilities or organizations that meet the conditions prescribed by the Government may import copies in an accessible format of works from the respective organizations according to treaties to which the Socialist Republic of Vietnam is a contracting party without the permission from the copyright holders.
The Government shall detail this Article.

Article 26. Limitations of copyright

Cases of using published works where permission is not required or but the payment of royalties is required, and the information about the authors’ names, and sources and origins of the works is required include:
a) Broadcasting organizations that use published works or works permitted by the copyright holders to be fixed on phonograms and video recordings for commercial purposes, which are sponsored, advertised or charged in whatever form, shall not have to obtain permission but have to pay royalties to copyright holders from the time of use. Royalties and payment methods shall be agreed upon by the parties; in case no agreement is reached, the Government’s regulations shall prevail.

Broadcasting organizations that use published works or works permitted by the copyright holders to be fixed on phonograms and video recordings for commercial purposes, without sponsorship, advertisement or charge in any form, shall not have to obtain permission but have to pay royalties to copyright holders from the time of use in accordance with the Government’s regulations;

b) Organizations and individuals which use works permitted by copyright holders to be fixed on phonograms and video recordings for commercial purposes, in business and commerce, shall not have to obtain permission but have to pay royalties to copyright holders as agreed from the time of use. In case no agreement is reached, the Government’s regulations shall prevail. The Government shall detail the business and commercial activities specified at this Point.
The use of works specified in Clause 1 of this Article must not contradict the normal exploitation of works and unreasonably cause damage to the legitimate interests of authors or the copyright holders.
The use of works in the cases specified in Clause 1 of this Article shall not apply to cinematographic works.
Vietnamese organizations and individuals enjoy the privileges accorded to developing countries for the right to translate works from foreign languages into Vietnamese and the right to reproduce for teaching and research for non-commercial purposes in accordance with treaties to which the Socialist Republic of Vietnam is a contracting party shall comply with the Government’s regulations.
Organizations and individuals wishing to exploit and use published works of Vietnamese organizations or individuals but impossible to find or identify the copyright holders shall comply with the Government’s regulations.”.
To amend and supplement Article 28 as follows:

“Article 28. Acts of infringing upon copyright

Infringing the moral rights specified in Article 19 of this Law.
Infringing the economic rights specified in Article 20 of this Law.
Failing to conduct or incompletely conducting the obligations specified in Articles 25, 25a and 26 of this Law.
Intentionally canceling or deactivating effective technological solutions applied by authors or copyright holders to protect copyright over their works in order to commit acts specified in this Article and Article 35 of this Law.
Manufacturing, distributing, importing, offering, selling, promoting, advertising, marketing, leasing or storing equipment, products or components for commercial purposes, recommending or providing services when knowing or having grounds to know that such equipment, products or components are manufactured or used to deactivate effective technological solutions to protect copyright.
Intentionally deleting, removing or modifying right management information without the permission of authors, copyright holders when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon copyright as prescribed by law.
Intentionally distributing, importing for distribution, broadcasting, communicating or otherwise making available to the public copies of works when knowing or having grounds to know that right management information has been deleted, removed, or modified without permission from the copyright holders; when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon copyright as prescribed by law.
Failing to perform or not fully performing the provisions to be exempted from legal liability of enterprises providing intermediary services specified in Clause 3, Article 198b of this Law.”.
To amend and supplement Articles 29, 30, 31, 32 and 33 as follows:

“Article 29. Rights of performers

Performers shall have moral rights and economic rights to the performance in accordance with this Law.

Where performers are not concurrently the holders of the right toward the performance, performers shall enjoy the moral rights specified in Clause 2 of this Article, whereas the holders of the right toward the performance enjoy the economic rights specified in Clause 3 of this Article.

Moral rights include:
a) To be acknowledged when performing or distributing phonograms, video recordings, or broadcasting performances;
b) To protect the integrity of performed figures, prevent others from distorting, modifying or mutilating works in whatever form prejudicial to the honor and reputation of performers.
Economic rights include exclusive rights to exercise or authorize other organizations or individuals to exercise the following rights:
a) To fix their live performances on phonograms or video recordings;
b) To directly or indirectly reproduce all or part of their performances which have been fixed on phonograms or video recordings by any means or forms, except for the case specified at Point a Clause 5 of this Article;
c) To broadcast or communicate to the public their unfixed performances in a way accessible by the public, except where such performances are intended for broadcasting;
d) To distribute or import for distribution to the public by sale or other form of ownership transfer to the original or copy of their fixed performance in tangible form, except for the case specified at Point b Clause 5 of this Article;
dd) To commercially lease to the public the originals or copies of their performances which have been fixed on phonograms or video recordings, even after they are distributed by performers or with their permission;
e) To broadcast or communicate to the public their performances which have been fixed, including making it available to the public in a way accessible at the specific place and time indicated by them.
Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 3 of this Article, shall have to ask for permission from the right holders and pay royalties and other material benefits (if any) to the right holders as prescribed by law or as agreed upon in cases where the law does not provide for it, except for the cases specified in Clause 5 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law.
Holders of the right toward the performances are not allowed to prevent other organizations or individuals from performing the following acts:
a) To reproduce performances to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of their fixed performance on phonograms, video recordings, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;
b) To distribute for the next time, import for distribution of the original, copies of performances which have been fixed and performed or authorized the distribution by the copyright holders.

Article 30. Rights of producers of phonograms and video recordings

Producers of phonograms and video recordings shall have the exclusive right to exercise or authorize other organizations or individuals to exercise the following rights:
a) To directly or indirectly reproduce all or part of their phonograms and video recordings by any means or forms, except for the cases specified at Point a Clause 3 of this Article;
b) To distribute or import for distribution to the public through sale or other forms of ownership transfer for their original phonograms and video recordings and copies thereof in tangible form, except for the cases specified at Point b Clause 3 of this Article;
c) To conduct the commercial rental of their original phonograms and video recordings and copies thereof to the public, even after distribution by producers or with the producers’ permission;
d) To broadcast and communicate their original phonograms and video recordings and copies thereof to the public, including making it available to the public in a way accessible at the place and time specified by their choice.
Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 1 of this Article, shall have to ask for permission from the holders of the right toward the phonograms or video recordings and pay royalties and other material benefits (if any) to such right holders as prescribed by law or as agreed upon in cases where the law does not provide for it, except for the cases specified in Clause 3 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law.
Holders of the right toward the phonograms or video recordings are not allowed to prevent other organizations or individuals from performing the following acts:
a) To reproduce the phonograms or video recordings to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of the phonograms or video recordings, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;
b) To distribute for the next time, import for distribution of the original, copies of the phonograms or video recordings which have been performed or authorized the distribution by the copyright holders.

Article 31. Rights of broadcasting organizations

Broadcasting organizations shall have the exclusive right to exercise or authorize other organizations or individuals to exercise the following rights:
a) To broadcast or rebroadcast their broadcasts;
b) To directly or indirectly reproduce all or part of their fixed broadcasts by any means or forms, except for the cases specified at Point a Clause 3 of this Article;
c) To fix their broadcasts;
d) To distribute or import for distribution to the public by through sale or other forms of ownership transfer of their fixed broadcasts in tangible form, except for the cases specified at Point b Clause 3 of this Article.
Organizations and individuals, when exploiting or exercising one, several or all of the rights specified in Clause 1 of this Article, shall have to ask for permission from the right holders of the broadcasts and pay royalties and other material benefits (if any) to such right holders as prescribed by law or as agreed upon in cases where the law does not provide for it, except for the cases specified in Clause 3 of this Article and Articles 25, 25a, 26, 32 and 33 of this Law.
Holders of the right toward the broadcasts are not allowed to prevent other organizations or individuals from performing the following acts:
a) To reproduce broadcasts to exercise other rights under this Law; temporarily reproduce according to a technological process, during the operation of devices for transmission in a network between third parties through intermediaries or lawful use of broadcasts, which have no independent economic purpose and the copies are automatically deleted and cannot be restored;
b) To distribute for the next time, import for distribution of the original, copies of fixed broadcasts that have been performed or authorized by copyright holders to be distributed.

Article 32. Exceptions where related rights are not infringed

Cases of using published performances, phonograms, video recordings, broadcasts where neither permission nor royalty payment is required, but information about the performances, phonograms, video recordings and broadcasts must be informed, include:
a) Directly audiovisual recording of part of a performance for purpose of reporting current events, or for non-commercial teaching purposes;
b) Self-reproduction or support for people with disabilities to reproduce part of performances, phonograms, video recordings, broadcasts for scientific research or non-commercial teaching purposes;
c) Reasonable reproduction of part of performances, phonograms, video recordings, broadcasts for personal teaching without commercial purposes, except for the cases where the performances, phonograms, or video recordings have been published for teaching purposes;
d) Reasonable recitation for the purpose of reporting current events;
dd) Making of provisional copies of works by broadcasting organizations themselves for broadcasting purpose when they enjoy the broadcasting right.
The use of performances, phonograms, video recordings or broadcasts specified in Clause 1 of this Article must not contradict the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any unreasonable damage to the legitimate interests of performers, producers of phonograms and video recordings, and broadcasting organizations.
The Government shall detail this Article.

Article 33. Limitations of related rights

Cases of using published phonograms or video recordings, where permission is not required, but both royalty payment and information about the performances, phonograms, video recordings and broadcasts are required, include:
a) Organizations and individuals using published phonograms or video recordings for commercial purposes, which are sponsored, advertised or charged in whatever form shall not have to obtain permission but have to pay royalties to performers, producers of phonograms or video recordings, and broadcasting organizations from the time of use. Royalties and payment methods shall be agreed upon by the parties; in case no agreement is reached, the Government’s regulations shall prevail.

Organizations and individuals using published phonograms or video recordings for commercial purposes, without sponsorship, advertising or charge in whatever form shall not have to obtain permission but have to pay royalties to performers, producers of phonograms or video recordings, and broadcasting organizations from the time of use in accordance with the Government’s regulations;

b) Organizations and individuals using published phonograms or video recordings for commercial purposes, in business and commerce shall not have to obtain permission but have to pay royalties to performers, producers of phonograms or video recordings, and broadcasting organizations from the time of use. In case no agreement is reached, the Government’s regulations shall prevail. The Government shall detail the business and commercial activities specified at this Point.
The use of phonograms or video recordings specified in Clause 1 of this Article must not contradict the normal utilization of performances, phonograms, video recordings or broadcasts, nor cause any unreasonable damage to the legitimate interests of performers, producers of phonograms or video recordings, and broadcasting organizations.
Organizations and individuals wishing to exploit and use published phonograms or video recordings of Vietnamese organizations or individuals but impossible to find or identify the related right holders shall comply with the Government’s regulations.”.
To amend and supplement Article 35 as follows:

“Article 35. Acts of infringing upon related rights

Infringing the performers’ rights specified in Article 29 of this Law.
Infringing the rights of producers of phonograms or video recordings specified in Article 30 of this Law.
Infringing the rights of broadcasting organizations specified in Article 31 of this Law.
Failing to perform or not fully performing the obligations specified in Articles 32 and 33 of this Law.
Intentionally canceling or deactivating effective technological solutions applied by related right holders to protect their rights in order to commit acts specified in this Article and Article 28 of this Law.
Manufacturing, distributing, importing, offering, selling, promoting, advertising, marketing, leasing or storing equipment, products or components for commercial purposes, recommending or providing services when knowing or having grounds to know that such equipment, products or components are manufactured or used to deactivate effective technological solutions to protect related rights.
Intentionally deleting, removing or modifying right management information without the permission of related right holders when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon related rights as prescribed by law.
Intentionally distributing, importing for distribution, broadcasting, communicating or otherwise making available to the public performances, fixed copies of performances or phonograms, video recordings, or broadcasts when knowing or having grounds to know that right management information has been deleted, removed, or modified without permission of related right holders; when knowing or having grounds to know that the performance of such acts may instigate, enable, facilitate or conceal acts of infringing upon related rights as prescribed by law.
Manufacturing, assembling, transforming, distributing, importing, exporting, offering, selling or leasing equipment, systems when knowing or having grounds to know that such equipment, systems help illegally decode or essential to help illegally decode an encrypted program-carrying satellite signal.
Intentionally receiving or relaying an encrypted program-carrying satellite signal when such signal has been encoded without permission of the legal distributor.
Failing to perform or not fully performing the provisions to be exempted from legal liability of enterprises providing intermediary services specified in Clause 3 Article 198b of this Law.”.
To amend and supplement Article 36 as follows:

“Article 36. Copyright holders

Copyright holders mean organizations and individuals that hold one, several or all the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law.”.

To amend and supplement Articles 41, 42, 43 and 44, and add Article 44a after Article 44 of Chapter III Part two as follows:

“Article 41. Copyright holders being right assignees

Organizations and individuals that are assigned one, several or all of the rights specified in Clause 3 Article 19 and Clause 1 Article 20 of this Law under contracts shall be copyright holders.
Organizations and individuals that are managing or receiving rights toward anonymous works shall enjoy rights of owners until the names of authors or co-authors of these works are identified. When the name of authors or co-authors is identified, the holders of copyright toward such works, the rights and obligations related to the copyright of organizations or individuals, that are managing or receiving the right assignment, shall be determined in accordance with this Law and other relevant laws.

Article 42. Copyright and related right holders being the State

The State is the representative of copyright and related right holders in the following cases:
a) Works, performances, phonograms, video recordings and broadcasts created under the order, task assignment or bidding of agencies using the State budget;
b) Works, performances, phonograms, video recordings and broadcasts that are transferred by copyright holders, related rights holders, co-holders of the copyright or related rights to the State;
c) Works, performances, phonograms, video recordings and broadcasts during the term of protection in which copyright holders, related right holders, co-holders of the copyright or related rights die without an heir or the heir refuses to receive the heritage or has no right to inherit the heritage.
The State shall represent to manage copyright and related rights in the following cases:
a) Works, performances, phonograms, video recordings, broadcasts of which the copyright holders, related right holders, co-holders of copyright or related rights cannot be found or identified according to this Law;
b) Works that are anonymous until the name of authors, co-authors, copyright holders or co-holders of the copyright is identified, except for the cases specified in Clause 2 Article 41 of this Law.
Agencies that use the State budget to place orders, assign tasks, and bid for the creation of works, performances, phonograms, video recordings or broadcasts are representatives of the State in exercising the rights of holders of the copyright and related rights in the cases specified at Point a Clause 1 of this Article.

The State management agencies in charge of copyright and related rights shall be representatives of the State in exercising the rights of copyright and related right holders in the cases specified at Points b and c Clause 1 and Clause 2 of this Article.

The Government shall detail Clauses 1 and 2 of this Article; prescribe the tariff and method of royalty payment in the cases specified in Clauses 1 and 2 of this Article.

Article 43. Works, performances, phonograms, video recordings and broadcasts belong to the public

Works of which the terms of protection have expired under Clause 2 Article 27 of this Law, and performances, phonograms, video recordings or broadcasts of which the terms of protection have expired under Article 34 of this Law shall belong to the public.
All organizations and individuals shall be entitled to use works, performances, phonograms, video recordings and broadcasts defined in Clause 1 of this Article but must respect the moral rights of the authors and performers specified in this Law and relevant laws.
The Government shall detail the use of works, performances, phonograms, video recordings and broadcasts belong to the public.

Article 44. Related right holders

Related right holders include:
a) Performers that use their time and invest their finance and material- technical foundations in making performances shall be right holders of such performances, unless otherwise agreed with the concerned parties;
b) Producers of phonograms and video recordings that use their time and invest their finance and material- technical foundations in producing phonograms and/or video recordings shall be right holders of such phonograms and/or video recordings, unless otherwise agreed with the concerned parties;
c) Broadcasting organizations shall be right holders of their broadcasts, unless otherwise agreed with concerned parties.
Related right holders that are organizations assigning tasks to their affiliated organizations or individuals to perform performances, phonograms, video recordings or broadcasts, shall be holders of the respective rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law, unless otherwise agreed.
Related right holders that are organizations or individuals entering into contracts with other organizations, individuals to perform performances, phonograms, video recordings or broadcasts, shall be holders of the respective rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law, unless otherwise agreed.
Organizations and individuals that inherit the related right according to the law on inheritance shall be holders of the rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law.
Organizations and individuals that are transferred one, several or all of the rights as agreed in contracts shall be the holders of one, several or all of the respective rights specified in Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law.

Article 44a. Principles of determination and division of royalties

Co-holders of the copyright or related rights shall reach an agreement on the rate of royalty division according to the creative participation for the entire works, performances, phonograms, video recordings, broadcasts, capital contributions according to the modes of exploitation and use.
The distribution rate of royalties when phonograms or video recordings are used under Clause 1 Article 26 and Clause 1 Article 33 of this Law shall comply with the agreement of copyright holders, performers and related right holders to such phonograms or video recordings. In case no agreement is reached, the Government’s regulations shall prevail.
Royalties shall be determined according to a frame and tariff based on the type, form, quality, quantity or frequency of exploitation and use; harmonizing the interests of creators, institutional or individual exploiters or users, and the public in accordance with the socio-economic conditions according to the time and place where the acts of exploitation and use take place.”.
To amend and supplement Clauses 1 and 2 Article 47 as follows:

“1. Licensing of copyright and related rights means the permission by copyright holders or related right holders for other organizations and individuals to use for a definite term one, several or all the rights specified in Clauses 1 and 3 Article 19, Clause 1 Article 20, Clause 3 Article 29, Clause 1 Article 30 and Clause 1 Article 31 of this Law.

Authors may not transfer the right to use moral rights specified in Clauses 2 and 4 Article 19 of this Law. Performers may not transfer the right to use moral rights specified in Clause 2 Article 29 of this Law.”.
To amend and supplement Article 49 and Article 50 as follows:

“Article 49. Registration of copyright or related rights

The registration of copyright and related rights means the submission of dossiers by authors, copyright holders or related right holders to the competent State agencies for recording of information on authors, works, copyright holders and related right holders.
The submission of dossiers for grant of certificates of registered copyright or certificates of registered related rights is not a compulsory formality for enjoyment of copyright or related rights according to the provisions of this Law.
Organizations and individuals that are granted certificates of registered copyright or certificates of registered related rights shall not have to bear the burden of proof of such copyright and related rights upon disputes, unless rebutting proofs are adduced.
Organizations and individuals shall pay fees and charges when carrying out procedures for registration of copyrights and related rights in terms of grant, re-grant, renewal or invalidation of certificates of registered copyright or registered related rights.
The Government shall detail the conditions, order and procedures for grant of certificates of registered copyright or registered related rights.

Article 50. Dossiers for registration of copyright or related rights

Authors, copyright holders and related rights holders may directly or authorize other organizations or individuals to submit dossiers for registration of copyright or related rights in person, by postal service or via the online public service portal to the State management agencies in charge of copyright and related rights.
A dossier for registration of copyright or related rights comprises:
a) A written declaration for registration of copyright or related rights.

A written declaration must be made in Vietnamese, fully stating the information on the applicant, author, copyright holder or related rights holder; completion time; summarized content of the work, performance, phonogram, video recording or broadcast; the name of the author or copyright holder, the title of the work used to make derivative work in cases where the to be-registered work is a derivative work; the date, place and form of publication; information about re-grant or renewal (if any), the guaranteed responsibility for information stated in the written declaration. A written declaration must be signed or fingerprinted by the author, copyright holder or related right holder, except for the cases of physical incapacity to sign or fingerprint.

The Minister of Culture, Sports and Tourism shall set the form of written declarations for copyright or related right registration;

b) Two copies of the work subject to application for copyright registration, or two copies of the fixed object subject to the related right registration;
c) A power of attorney, if the person submitting dossiers for registration of copyright or related rights is an authorized person;
d) Documents proving the ownership of the right due to the creation or assignment of creation tasks, conclusion of creation contract, inheritance or transfer of right;
dd) Written consent of co-authors, for works under joint authorship;
e) Written consent of co-owners if the copyright or related rights are under joint ownership.
The documents specified at Point c, d, dd and e Clause 2 of this Article must be made in Vietnamese. Documents in other languages must be translated into Vietnamese.”.
To amend and supplement Article 52 as follows:

“Article 52. Time limit for granting registered copyright certificates or registered related right certificates

Within fifteen working days after the receipt of a valid dossier, the State management agency in charge of copyright and related rights shall have to grant a registered copyright certificate or registered related right certificate to the applicant. In case of refusal to grant registered copyright certificates or registered related right certificates, the state management agency in charge of copyright and related rights must notify and clearly state the reasons in writing to the applicants.”.

To amend and supplement Article 55 as follows:

“Article 55. Re-grant, renewal and invalidation of registered copyright certificates and registered related right certificates

Where a registered copyright certificate or registered related right certificate is lost or damaged, competent State agencies defined in Clause 2 Article 51 of this Law shall re-grant such registered copyright certificate or registered related right certificate within seven working days from the date of receipt of a valid dossier. In case of requesting for change of copyright or related right holder; information about the work, the author, the copyright holder; information about the subject matters of related rights and the holder of related rights, competent State agencies defined in Clause 2 Article 51 of this Law shall renew such registered copyright certificate or registered related right certificate within twelve working days from the date of receipt of a valid dossier.

In case of refusal to re-grant or renew the registered copyright certificate or registered related right certificate, the State management agency in charge of copyright and related rights must notify and clearly state the reasons in writing to the applicant.

Where a registered copyright certificate or registered related right certificate grantee is not the author, copyright holder or related right holder, or where the registered work, phonogram, video recording or broadcast is ineligible for protection, the competent State agency defined in Clause 2 Article 51 of this Law shall invalidate such registered copyright certificate or registered related right certificate.
Organizations and individuals that detect that the grant of registered copyright certificates and/or registered related right certificates is contrary to the provisions of this Law are entitled to request the State management agency in charge of copyright and related rights to invalidate such registered copyright certificates and registered related right certificates.
Within fifteen working days from the date of receipt of one of the following documents, competent State agencies shall issue a decision on invalidation of a registered copyright certificate or registered related right certificate:
a) An effective judgment or decision of a court or a decision of competent State agencies to handle acts of infringing upon intellectual property rights specified in Article 200 of this Law on invalidation of registered copyright certificates and registered related right certificates;
b) A written request from the organization or individual that has been granted a registered copyright certificate or registered related right certificate to invalidate the registered copyright certificate or registered related right certificate.
The Government shall detail this Article.”.
To amend and supplement the title of Chapter VI Part two as follows:

“Chapter VI

COPYRIGHT AND RELATED RIGHTS COLLECTIVE REPRESENTATION,

CONSULTANCY AND SERVICE ORGANIZATIONS”.

To amend and supplement Article 56 as follows:

“Article 56. Organizations acting as collective representatives of copyright and related rights

Organizations acting as collective representatives of copyright and related rights are voluntary, self-funding and not-for-profit organizations established under agreements among authors, copyright holders and/or related right holders and operating according to the provisions of law for performing the authorization of copyright and related rights. The organizations are subject to the State management of the Ministry of Culture, Sports and Tourism in terms of collective representation of copyright and related rights.
Organizations acting as collective representatives of copyright and/or related rights shall conduct the following activities under written authorization by authors, copyright holders and/or related light holders:
a) Performing the management of copyright and/or related rights; conducting negotiations for licensing, collection and division of royalties and other material benefits from the exercise of authorized rights;
b) Protecting legitimate rights and interests of their members; organizing conciliations upon occurrence of disputes.
Organizations acting as collective representatives of copyright and/or related rights shall have the following rights and obligations:
a) To ensure publicity and transparency in management and administration activities of organizations acting as collective representatives of copyright and related rights with competent State agencies; authorizing authors, copyright holders, or related rights holders; institutional or individual exploiters or users;
b) To develop the list of authorizing authors, copyright and related rights holders; works, performances, phonograms, video recordings and broadcasts that are being managed by organizations acting as collective representatives of copyright and related rights; scope of authorization; the validity of authorization contracts; plans and results of the collection and division of royalties;
c) To develop the tariff and method of royalty payment and submit to the Minister of Culture, Sports and Tourism for approval. The Minister of Culture, Sports and Tourism shall approve the tariff and method of royalty payment based on the principles specified in Clause 3 Article 44a of this Law;
d) To collect and divide royalties according to the provisions of the organization’s charter and power of attorney of authors, copyright holders, related right holders with an agreement on the rate or percentage, method and time of the royalty division, according to the principles of publicity and transparency as prescribed by law.

The collection and division of royalties from respective foreign or international organizations shall comply with the law on foreign exchange management;

dd) To retain an amount of the total royalties collected to pay for the performance of the organization’s tasks on the basis of the agreement of authorizing authors, copyright or related right holders. The retained amount shall be adjusted on the basis of the agreement of authorizing authors, copyright or related right holders and may be determined as a percentage of the total royalties collected;
e) To divide royalties collected from the licensing of exploitation and use to authors, copyright or related rights holders after deducting the expenses specified at Point dd of this Clause;
g) To submit annually and irregular reports on collective representation activities to competent State agencies; be subject to inspection and examination by competent State agencies;
h) To conduct activities to support cultural development, creation-promoting activities and other social activities;
i) To cooperate, or sign reciprocal representation agreements with their counterparts in international and national organizations on the protection of copyright and related rights;
k) To set up the organizational structure of organizations acting as collective representatives of copyright and related rights, ensuring that the authorizing authors, copyright and related rights holders may stand for election to leadership, management and control positions of the organizations.
In case works, phonograms, video recordings or broadcasts are related to the rights and interests of many authorized organizations acting as collective representatives of copyright and related rights, the organizations may agree to have an organization to act on behalf of them to negotiate the licensing for use, collection and division of royalties according to the its charter and power of attorney.
After five years of searching for division of the collected royalties, if organizations acting as collective representatives of copyright and related rights have not yet found or contacted the authorizing authors, co-authors, copyright holders, related rights holders, co-holders of copyrights or related rights, the royalties, such amount shall be handed over to competent State agencies for management after deducting management and search expenses in accordance with this Law and relevant laws.

After receiving royalties, competent State agencies shall continue to notify the search for a period of five years. At the end of this period, if the competent State agencies still cannot find or contact authors, co-authors, copyright holders, related rights holders, co-holders of copyrights or related rights, and persons with related rights and obligations as prescribed by law, such amount shall be used for activities encouraging the creativity, propaganda and promotion of the enforcement of copyright and related right protection. Within the above-mentioned period, if authors, co-authors, copyright holders, related rights holders, co-holders of copyrights or related rights, and persons with related rights and obligations are found or contacted, the money amount, after deducting search and management expenses, shall be paid to the above-mentioned persons in accordance with the law.

The Government shall detail this Article.”.
To amend and supplement Clause 1 Article 60 as follows:

“1. An invention shall be considered novel if it does not fall into one of the following cases:

a) Being publicly disclosed through use or by means of a written description or any other form, inside or outside the country, before the filing date or the priority date, as applicable, of the invention registration application.
b) Being disclosed in another invention registration application with an earlier filing date or priority date but published on or after the filing date or priority date of the invention registration application.”.
To amend and supplement Clause 1 Article 72 as follows:

“1. Being a visible sign in the form of letters, words, drawings or images, holograms, or a combination thereof, represented in one or more colors, or a sound mark represented graphically;”.

To amend and supplement number of Clauses of Article 73 as follows:
a) To amend and supplement Clause 1 as follows:

“1. Signs identical with or confusingly similar to National Flags or National Emblems, Anthems of the Socialist Republic of Vietnam and other countries, Internationale;”;

b) To add Clauses 6 and 7 after Clause 5 Article 73 as follows:

“6. Signs are the inherent shape of the goods or are required by the technical characteristics of the goods;

Signs contain copies of works, except for the cases obtaining the permission from the owners.”.
To amend and supplement a number of Points of Clause 2 Article 74 as follows:
a) To amend and supplement Points a, b and c as follows:

“a) Simple shapes and geometric figures, numerals, letters or scripts of uncommon languages, except where such signs have been widely used and recognized as a mark before the date of filing of applications;

b) Conventional signs or symbols, pictures or common names in any language, the usual shape of the goods or part of the goods, the usual shape of the package or container that have been widely and regularly used and known to many people before the date of filing of applications;
c) Signs indicating time, place and method of production, category, quantity, quality, properties, ingredients, intended utility, value or other characteristics, which is descriptive of goods or services or signs substantially increasing value to the good, except where such signs have acquired distinctiveness through use before the date filing of applications;”;
b) To amend and supplement Points dd and e as follows:

“dd) Signs indicating the geographical origin of goods or services, except where such signs have been widely used and recognized as a trademark before the date of filing of applications or registered as collective trademarks or certification trademarks as provided for in this Law;

e) Signs identical with or confusingly similar to trademarks of other organizations or individuals that are protected for identical or similar goods or services on the basis of the application with an earlier filing date or priority date in case the application enjoys priority, including trademark registration applications filed under treaties to which the Socialist Republic of Vietnam is a contracting party, except such trademark registration has it validity terminated under Point d Clause 1 Article 1 of Article 95 or is invalidated under Article 96 according to the procedures specified at Point b Clause 3 Article 117 of this Law;”;
c) To amend and supplement Points dd and i as follows:

“h) Signs identical with or confusingly similar to trademark of other organizations or individuals which has been protected for identical or similar goods or services, the registration certificate of which has been invalidated for no more than 3 years, except where such trademark registration is terminated according to the provisions of Point d, Clause 1 Article 95 according to the procedures specified at Point b Clause 3 Article 117 of this Law;

i) Signs identical with or confusingly similar to another person’s trademark recognized as a well-known one before the date of filing a registration application for goods or services which are identical with or similar to those bearing such well-known trademark, or for dissimilar goods or services if the use of such trademark may affect the distinctiveness of the well-known trademark or the trademark registration is aimed at taking advantage of the reputation of the well-known mark;”;
d) To amend and supplement Point n and add Points o and p after Point n as follows:

“n) Signs identical with or insignificantly different from another person’s industrial design which has been or are being protected on the basis of an industrial design registration application with the filing date or priority date earlier than that of the trademark registration application;

o) Signs identical with or confusingly similar to names of plant varieties which has been or are being protected in Vietnam if such signs are registered for the goods being plant varieties of the same or similar species or goods harvested from plant varieties;
p) Signs identical with or confusingly similar to names and images of characters or images in works subject to the copyright protection of others that were widely known prior to the filing date, except for the cases of obtaining permission from owners of the works.”.
To amend and supplement the first paragraph of Article 75 as follows:

“The consideration and assessment of a trademark as well-known is selected from some or all of the following criteria:”.

To amend and supplement Article 79 as follows:

“Article 79. General conditions for geographical indications eligible for protection

A geographical indication shall be protected when it satisfies the following conditions:
a) The product bearing the geographical indication originates from the area, locality, territory or country corresponding to such geographical indication;
b) The product bearing the geographical indication has a reputation, quality or characteristics mainly attributable to geographical conditions of the area, locality, territory or country corresponding to such geographical indication.
A homonymous geographical indication satisfying the conditions specified in Clause 1 of this Article shall be protected if such geographical indication is actually used in a way that does not mislead consumers as to the geographical origin of a product bearing the geographical indication and ensures the principle of fair treatment between organizations, individuals producing products bearing such geographical indication.”.
To amend and supplement Article 86 and add Article 86a after Article 86 as follows:

“Article 86. The right to register inventions, industrial designs and layout-designs

The following organizations and individuals shall have the right to register inventions, industrial designs and layout-designs:
a) Authors who have created inventions, industrial designs or layout-designs with their own efforts and expenses;
b) Organizations or individuals who have supplied funds and material facilities to authors in the form of job assignment or hiring, organizations and individuals assigned to manage genetic resources provide genetic resources and traditional knowledge about genetic resources under contracts to access genetic resources and benefit sharing, unless otherwise agreed by the parties or in the case specified in Article 86a of this Law.
Where more than one organization or individual have jointly created or invested in the creation of an invention, industrial design or layout-design, these organizations or individuals shall all have the registration right, which shall only be exercised with their consensus.
An organization or person who has the registration right as provided in this Article may assign that right to other organizations or individuals in the form of a written contract, bequeathal or inheritance in according to the provisions of law, even where a registration application has been filed.

Article 86a. The right to register inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks

For inventions, industrial designs and layout designs that are the result of scientific and technological tasks wholly funded by the State budget, the right to register inventions, industrial designs and layout-designs shall be automatically assigned to the presiding organization without reimbursement, except for the cases specified in Clause 3 of this Article.
For inventions, industrial designs and layout-designs that are the result of scientific and technological tasks funded with several capital sources, including the State budget, the part of the right to register inventions, industrial designs and layout-designs corresponding to the proportion of the State budget shall be automatically assigned to the presiding organization without reimbursement, except for the cases specified in Clause 3 of this Article.
The right to register inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks in the field of national defense and security shall be implemented as follows:
a) For scientific and technological tasks wholly funded by the State budget, the right to register inventions, industrial designs and layout-designs shall belong to the State;
b) For scientific and technological tasks funded with several sources of capital, including the State budget, the part of the right to register inventions, industrial designs and layout-designs corresponding to the proportion of the State budget shall belong to the State;
c) The State owner’s representative shall exercise the registration rights specified at Points a and b of this Clause.
The Government shall detail this Article.”.
To amend and supplement Article 88 as follows:

“Article 88. Right to register geographical indications

The right to register Vietnamese geographical indications belongs to the State. The State allows organizations and individuals producing products bearing geographical indications, collective organizations representing such organizations or individuals or administrative management agencies of localities to which such geographical indications pertain to exercise the right to register such geographical indications. Organizations and individuals who exercise the right to register geographical indications shall not become owners of such geographical indications.
Foreign organizations and individuals who are right holders toward geographical indications under the law of the country of origin shall have the right to register such geographical indications in Vietnam.”.
To add Article 89a after Article 89 as follows:

“Article 89a. Security control of inventions before filing registration applications in other countries

Inventions in the technical fields affecting national defense and security, that are created in Vietnam and under the right of registration of individuals being Vietnamese citizens and permanently residing in Vietnam or of organizations established under Vietnamese law may only file an invention registration application in other countries if the invention registration applications have been submitted in Vietnam to carry out security control procedures.
The Government shall detail Clause 1 of this Article.”.
To amend and supplement Clause 2 Article 92 as follows:

“2. Protection titles of geographical indications shall record organizations managing geographical indications, protected geographical indications, particular characteristics of products bearing such geographical indications, particular characteristics of geographical conditions and geographical areas bearing such geographical indications.”.

To add Clauses 8 and 9 after Clause 7 Article 93 as follows:

“8. International registration of trademarks under the Madrid Protocol and Agreement on international registration of trademarks with the designation of Vietnam shall take effect from the date on which the State management agencies in charge of industrial property rights issue a decision on accepting protection for trademarks in that international registration or from the day following the date of expiration of a twelve-month period counting from the date the International Bureau issues the notice of international registration of the trademarks with the designation of Vietnam, whichever is earlier. The validity period of international registration of trademarks shall be calculated according to the provisions of the Madrid Protocol and Agreement.

International registration of industrial designs under the Hague Agreement on international registration of industrial designs with the designation of Vietnam shall take effect from the date on which the State management agencies in charge of industrial property rights issue a decision on accepting protection for industrial designs in that international registration or from the day following the date of expiration of the six-month period counting from the date the International Bureau issues the notice of international registration of the industrial designs, whichever is earlier. The validity period of international registration of industrial designs shall be calculated according to the provisions of the Hague Agreement.”.
To amend and supplement Article 95 and Article 96 as follows:

“Article 95. Termination of validity of protection titles

The validity of a protection title shall be wholly or partially terminated in the following cases:
a) Its owner fails to pay the validity maintenance or prolongation fee or charge as prescribed;
b) Its owner declares to relinquish the industrial property rights;
c) Its owner no longer exists or the owner of a certificate of registered trademark is no longer engaged in business activities without any lawful heir;
d) The trademark has not been used by its owner or his/her licensee without justifiable reasons for 5 consecutive years prior to a request for termination of validity, except where the use is commenced or resumed at least 3 months before the request for termination;
e) The owner of a certificate of registered collective trademark fails to supervise or ineffectively supervises the implementation of the regulation on use of collective trademarks;
f) The owner of a certificate of registered certification trademark violates the regulation on use of certification trademarks or fails to supervise or ineffectively supervises the implementation of such regulation;
g) The geographical conditions decisive to reputation, quality or special characteristics of products bearing a geographical indication have changed resulting in the loss of such reputation, quality or characteristics of products;
h) The use of protected trademarks for goods or services by trademark owners of a person authorized by the trademark owners causes consumers to misunderstand the nature, quality or geographical origin of such goods or services;
i) The protected trademark becomes the common name of goods or services registered for that trademark;
k) The geographical indication of a foreign country is no longer protected in the country of origin.
Where the owner of a patent or utility solution patent fails to pay the validity maintenance fee or charge before the set time limit, the validity of such patent shall, upon the expiration of such time limit, automatically terminate as from the first day of the first valid year for which the validity maintenance fee or charge has not been paid.

Where the owner of a patent or utility solution patent fails to pay the validity maintenance fee or charge before the set time limit, the validity of such patent shall, upon the expiration of such time limit, automatically terminate as from the first day of the following valid period for which the validity maintenance fee or charge has not been paid.

The State management agency in charge of industrial property rights shall record such termination in the National Register of Industrial Property and publish it in the Official Gazette of Industrial Property.

Where the owner of a protection title declares to relinquish industrial property rights provided for at Point b Clause 1 of this Article, the State management agency in charge of industrial property rights shall consider and decide to terminate the validity of such protection title;
Organizations and individuals shall have the right to request the state management agency in charge of industrial property rights to terminate the validity of protection titles in cases specified at Points c, d, dd, e, g, h, i and k Clause 1 of this Article, provided that they have paid fees and charges.
Based on the result of the examination of requests for termination of validity of protection titles for the cases specified in Clauses 3 and 4 of this Article and involved parties’ opinions, the State management agency in charge of industrial property rights shall notify the refusal to terminate the validity of protection titles or issue decisions on termination of part or all validity of protection titles.
For the cases specified at Points c, d, dd, e, g, h and i Clause 1 of this Article, the validity of protection titles shall be terminated from the date the State management agency in charge of industrial property rights issues a decision on invalidation of the protection titles.

For the cases specified at Point k Clause 1 of this Article, the validity of protection titles shall be terminated from the date the geographical indication is no longer protected in the country of origin.

In case the State management agency in charge of industrial property rights issues a decision to terminate the validity of protection titles as prescribed in Clause 3 of this Article, the validity of protection titles shall be terminated from the date the State management agency in charge of industrial property rights receives a written declaration from protection title holders.

The provisions of Clauses 1, 2, 3, 4, 5 and 6 of this Article shall also apply to the termination of validity of international registrations of trademarks and industrial designs.

Article 96. Invalidation of protection titles

A protection title shall be entirely invalidated in the following cases:
a) Applicants for registration of trademarks with malicious intent;
b) Invention registration applications are filed contrary to the regulations on security control of inventions specified in Article 89a of this Law;
c) Invention registration applications for inventions which are directly created based on genetic resources or traditional knowledge about genetic resources but fail to disclose or incorrectly disclose the origin of genetic resources or traditional knowledge about genetic resources in the applications.
A protection title shall be wholly or partly invalidated if the entire or part of such protection title fails to satisfy the provisions of this Law on registration rights, protection conditions, amendments and supplements to the application, invention disclosure, initial filing principle in the following cases:
a) The registration applicant has neither had not been assigned the right by persons with the right to registration to register an invention, industrial design, layout-design or trademark;
b) The subject matter of industrial property fails to satisfy the protection conditions specified in Articles 8 and Chapter VII of this Law;
c) Any amendment or supplement to an industrial property registration application expands the scope of the subject matter already disclosed or stated in such application or changes the nature of the subject matter subject to registration stated in the application and must ensure the uniformity of the application;
d) The invention must not fully and clearly disclose its nature to the extent that such invention may be realized by a person with average knowledge in the art;
dd) Inventions with protection title in exceed of the scope of disclosure in the initial description of invention registration applications;
e) Inventions fail to satisfy the initial application filing principle specified in Article 90 of this Law.
A protection title shall be wholly or partly invalidated specified in Clauses 1 and 2 of this Article, the entire or a part of such invalidation shall not take effect from the time the protection title is granted.
Organizations and individuals may request the State management agency in charge of industrial property rights to invalidate protection titles in the cases specified in Clauses 1 and 2 of this Article, provided that they pay fees and charges.

The statute of limitations for exercising the right to request invalidation of protection titles shall be the entire protection duration. For the case of request for invalidation of protection titles for trademarks for the reasons specified in Clause 2 of this Article, the statute of limitations shall be five years from the date of grant of the protection titles or from the effective date of the international registration of the trademarks in Vietnam.

Based on the result of the examination of request for invalidation of a protection title and involved parties’ opinions, the State management agency in charge of industrial property rights shall issue a decision on invalidation of the protection title or notify the refusal to invalidate it.
The provisions of Clauses 1, 2, 3, 4 and 5 of this Article shall also apply to the invalidation of international registrations of trademarks and industrial designs.
The Minister of Science and Technology shall detail Clause 1 and Clause 2 of this Article.”.
To amend and supplement Clauses 1 and 2 Article 97 as follows:

“1. The owner of a protection title, organizations and individuals performing the right to register geographical indications specified in Article 88 of this Law may request the State management agency in charge of industrial property rights to make amendments to the following information in such protection title, provided that the prescribed fees and charge are paid:

a) Modifications, error corrections in relation to the name and nationality of the author, the name and address of the protection title owner or the organization managing the geographical indications;
b) Amendments to the description of particular characteristics, quality or geographical area bearing a geographical indication; amendments to the regulation on use of collective trademarks or the regulation on use of a certification mark.
At the request of the owner of a protection title, organization or individual performing the right to register geographical indications, the State management agency in charge of industrial property rights shall have to correct errors caused at its fault in such protection title. In this case, the owner of a protection title, organization odd individual performing the right to register geographical indications shall not be required to pay fees and charges.”.
To add Point dd1 after Point dd Clause 1 Article 100 as follows:

“dd1) Documents explaining the origin of genetic resources or traditional knowledge about genetic resources in a invention registration application, for inventions directly created based on genetic resources or traditional knowledge about genetic resources;”.

To amend and supplement Article 103 as follows:

“Article 103. Requirements on industrial design registration applications

Documents identifying an industrial design registered for protection in an industrial design registration application comprise a set of photos, drawings of such industrial design and a description of industrial design shown in the set of photos, drawings.
A set of photos, drawings of industrial design must fully disclose all features of the industrial design claimed for protection to the extent that based on that, a person with average knowledge of the respective field can identify that industrial design.
A description of industrial design shown in the set of photos, drawings must list the order of the photos and drawings in the set of photos, drawings and features of the industrial design.”.
To amend and supplement Clause 2 Article 105 as follows:

“2. The sample of the trademark must be described in order to clarify elements of the trademark and the comprehensive meaning of the trademark, if any; where the trademark consists of words or phrases of hieroglyphic languages, such words or phrases must be transcribed; where the trademark consists of words or phrases in languages other than Vietnamese, such words or phrases must be translated into Vietnamese; where the trademark consists of sounds, the sample of the trademark must be sound and a graphical representation of the sound.”.

To add Point e after Point dd Clause 1 Article 106 as follows:

“e) For homonymous geographical indications, documents explaining the conditions for use and manner of presenting the geographical indications to ensure the distinction between geographical indications.”.

To add Clause 3 after Clause 2 Article 108 as follows:

“3. Applications for registration of confidential inventions shall be made in accordance with the Government’s regulations”.

To amend and supplement Point dd, and add Point e after Point dd Clause 2 Article 109 as follows:

“dd) Applicants fail to fully pay the prescribed fees and charges;

e) Invention registration applications are filed contrary to the regulations on security control of inventions specified in Article 89a of this Law.”.
To amend and supplement the title of Article 110 and a number of Clauses of Article 110 as follows:
a) To amend and supplement the title as follows:

“Article 110. Publication of trademark registration applications and industrial property registration applications”;

b) To add Clause 1a before Clause 1 as follows:

“1a. A trademark registration application that has not been duly accepted by State management agencies in charge of industrial property rights shall be made public immediately upon receipt.”;

c) To amend and supplement Clause 3 as follows:

“3. An industrial design registration application, a trademark registration application or a geographical indication registration application shall be published within 2 months as from the date such application is accepted as being valid. An industrial design registration application may be published at a later date at the request of the applicant at the time of filing but not later than seven months from the filing date.”.

To amend and supplement Article 112 and add Article 112a after Article 112 as follows:

“Article 112. Third party’s opinions on the grant of protection titles

As from the date an industrial property registration application is published in the Official Gazette of Industrial Property till prior to the date of issuance of a decision on grant of a protection title, any third party shall have the right to express opinions to the concerned state management agency in charge of industrial property rights on the grant or refusal to grant a protection title in respect of such application. Such opinions must be made in writing and be accompanied by documents or must quote the source of information.

The written opinion of third parties shall be considered as a source of reference information for the processing of industrial property applications.

Article 112a. Objections of industrial property registration applications

Before the date of issuance of the decision to grant a protection title, within the following time limits, any third party may object to the grant of the protection title:
a) 9 months from the date the registration application for inventions is published;
b) 4 months from the date the registration application for industrial designs is published;
c) 5 months from the date the registration application for trademarks is published;
d) 3 months from the date the registration application for geographical indication is published.
Objections specified in Clause 1 of this Article must be made in writing, enclosed with documents or cited as sources of information for proof, and must pay fees and charges.
State management agencies in charge of industrial property rights shall handle objections specified in Clause 2 of this Article according to the order and procedures prescribed by the Minister of Science and Technology.”.
To add Clauses 3 and 4 after Clause 2 Article 114 as follows:
State management agencies in charge of industrial property rights may use appraisal results of the invention registration application that is identical with the claimed invention conducted by a foreign patent office during the patentability assessment.
The Minister of Science and Technology shall detail the use of appraisal results of the invention registration application specified in Clause 3 of this Article.”.
To amend and supplement Clause 2 Article 116 as follows:

“2. As from the time the applicant declares the withdrawal of the application, all further procedures related to such application shall be stopped.”.

To amend and supplement number of Clauses of Article 117 as follows:
a) To amend and supplement Clause 1 and add Clause 1a after Clause 1 as follows:

“1. The grant of a protection title for an invention, industrial design, trademark or geographical indication registration application shall be refused in the following cases:

a) There are grounds to affirm that the subject matter stated in the application does not fully satisfy the protection conditions;
b) There are grounds to affirm that the applicant does not have the right to register subject matters of industrial property rights or register trademarks with malicious intent;
c) The application satisfies the conditions for the grant of a protection title but is not with the earliest filing date or priority date as in the case specified in Clause 1 and Clause 2 Article 90 of this Law;
d) The application falls into a case specified in Clause 3 Article 90 of this Law but fails to get the consensus of all applicants;
dd) Any amendment or supplement to an application expands the scope of the subject matter already disclosed or stated in such application or changes the nature of the subject matter subject to registration stated in the application and must ensure the uniformity of the application.

1a. Except for the cases specified in Clause 1 of this Article, an invention registration application shall be refused to grant a protection title in the following cases:

a) The invention claims protection in exceed of the scope of disclosure in the original description of the invention registration application;
b) The invention is not fully and clearly disclosed in its description to the extent that such invention may be realized by a person with average knowledge in the art;
c) For inventions which are directly created based on genetic resources or traditional knowledge about genetic resources, the invention registration application fails to disclose or incorrectly discloses the origin of genetic resources or traditional knowledge about genetic resources;
d) An invention registration application is filed contrary to the regulations on security control for inventions specified in Article 89a of this Law.”;
b) To amend and supplement Clause 3 as follows:

“3. Where an industrial property registration application falls into the cases specified in Clauses 1, 1a and 2 of this Article, the concerned State management agency in charge of industrial property rights shall carry out the following procedures:

a) Notifying the appraisal results, clearly stating the intention to refuse for grant of the protection title, the reason and setting a time limit for the applicant to object to the intended refusal;
b) Suspending the appraisal process of the application if the applicant submits a request to suspend the appraisal of the application and requests the termination of validity or invalidation of the certificates of registered trademark specified at Points e and h Clause 2 Article 74 of this Law. Based on the results of settlement of a request for termination of validity or invalidation of the certificates of registered trademark, the State management agency in charge of industrial property rights shall continue the appraisal process of the application;
c) Suspending the appraisal process of the application if receiving a copy of the notice of acceptance of the case by the competent court about the lawsuit filed by a third party related to the right to register subject matters of industrial property rights or a registered trademark with malicious intent. Based on the court’s settlement results, the State management agency in charge of industrial property rights shall continue the appraisal process of the application;
d) Deciding to refuse to grant a protection title if the applicant makes no objection or makes unjustifiable objection to such intended refusal mentioned at Point a of this Clause.”.
To amend and supplement Article 118 as follows:

“Article 118. Grant of protection titles, entry into the register

Where an industrial property registration application does not fall into the cases of refusal to grant protection titles specified in Clauses 1, 1a and 2, Point b Clause 3 Article 117 of this Law or the applicant has a reasonable objection to the intended refusal specified at Point a Clause 3 Article 117 of this Law, the State management agency in charge of industrial property rights shall perform the following tasks:
a) Notifying the appraisal results, clearly stating the intention to grant a protection title for the entire or part satisfying the protection conditions and setting a time limit for the applicant to pay fees or charges or objections to the results of content appraisal;
b) Deciding to grant a protection title and recording it in the National Register of Industrial Property if the applicant pays fees and charges.
Where there appears an objection to the appraisal results, the relevant industrial property registration application shall be re-examined with regard to the matters against which the objection is made.”.
To add Article 119a after Article 119 of Section 3 Chapter VIII as follows:

“Article 119a. Complaints and settlement of complaints related to industrial property procedures

Applicants and organizations and individuals with rights and interests directly involved in decisions or notices, relating to the processing of registration applications for establishment of rights, maintenance, extension, amendment, termination and cancellation of the validity of industrial property protection titles, registration for industrial property right transfer contracts promulgated by the State management agencies in charge of industrial property rights, are entitled to complain to State management agencies in charge of industrial property rights or initiate a lawsuit at the court in accordance with this Law and relevant laws.
Vietnamese organizations and individuals, foreign individuals permanently residing in Vietnam and foreign organizations or individuals having production or business establishments in Vietnam shall submit the written complaints either directly or through their lawful representatives in Vietnam. Foreign individuals not permanently residing in Vietnam, foreign organizations or individuals having no production or business establishments in Vietnam shall submit the written complaints through their lawful representatives in Vietnam.
Complaint contents must be presented in writing, clearly stating the full name and address of the complainant; official number, signing date, contents of the decision or notification on complaint; complaint contents, argument and proof of the complaint; specific request for the amendment or cancellation of relevant decisions or notices. The submitted complaint must be made in writing or electronic form according to the online application submission system.
In case where the complaint related to the registered right or other contents that must be re-appraised, the complainant must re-pay appraisal charge.
The time limit for settlement of complaints must comply with the law on complaints. In case where the State management agencies in charge of industrial property rights re-appraise the cases mentioned in Clause 4 of this Article or the complainant amends or supplements the complaint dossier, the duration for re-appraisal and amendment and supplementation of such dossier shall not be included in the period for settlement of complaints in accordance with the law on complaints.

The time limit for re-appraisal shall comply with Clause 3 Article 119 of this Law.

The complaint and settlement of complaints that are not mentioned in this Article must comply with the law on complaints.”.
To amend and supplement number of Clauses of Article 121 as follows:
a) To amend and supplement Clause 1 as follows:

“1. Owners of inventions or layout-designs mean organizations or individuals that are granted by the competent agency protection titles for respective industrial property objects.

Owners of industrial designs mean organizations or individuals that are granted by the competent agency industrial design protection titles or those who have internationally-registered industrial designs recognized by competent agencies.

Owners of trademarks mean organizations or individuals that are granted by the competent agency protection titles for such marks or have internationally registered marks as recognized by the competent agency or have well-known marks.”;

b) To amend and supplement Clause 4 as follows:

“4. The owner of Vietnam’s geographical indications is the State.

The State shall grant the right to use geographical indications to organizations or individuals that turn out products bearing such geographical indications in relevant localities and put such products on the market. The State shall directly exercise the right to manage geographical indications or grant that right to organizations representing the interests of all organizations or individuals granted with the right to use geographical indications.

The Government shall specify the performance of geographical indication management right.”.

To amend and supplement Clause 2 Article 123 as follows:

“2. Organizations or individuals granted with the right to manage geographical indications under Clause 4 Article 121 of this Law or under the law of the country where the geographical indications originate may ban others from use such geographical indications in accordance with Point b Clause 1 of this Article.”.

To amend and supplement Point b Clause 5, Article 124 as follows:

“b) Selling, offering, advertising for sale, displaying for sale, stocking for sale or transporting goods bearing the protected trademark;”.

To amend and supplement Point b Clause 2, Article 125 as follows:

“b) Circulating, importing, exploiting utilities of products used by owners or right transferees, including transferring the right under compulsory decisions, persons with the prior use right of industrial property objects under this Law, that have been lawfully put on the market, including overseas markets;”.

To amend and supplement Article 128 as follows:

“Article 128. Obligation to keep secret test data

Where the law requires applicants for licenses for circulating pharmaceuticals or agro-chemical products to supply test results or any other data being business secrets obtained by investment of considerable efforts, and where applicants request such data to be kept secret, the competent licensing agency shall be obliged to apply necessary measures so that such data are neither used for unhealthy commercial purposes nor disclosed, except where the disclosure is necessary to protect the public.
Regarding pharmaceuticals, from the submission of secret data in applications to the competent agency mentioned in Clause 1 of this Article to the end of a 5-year period as from the date the applicants are granted licenses, such agency must not grant licenses to any subsequent applicants in whose applications the said secret` data are used without the consent of submitters of such data, except for the cases specified at Point d, Clause 3, Article 125 of this Law.
In case where the agency competent to grant licenses for circulation of pharmaceuticals allows the applicant to lately submit application, based on the fact that one pharmaceutical has been granted circulation license or based on the data proving the safety and efficiency of one pharmaceutical already been granted circulation license for application of license for circulating another pharmaceutical, such competent agency must announce on its e-portal or website information on the lately-submitted application within 5 months before the pharmaceutical mentioned in the application is granted circulation license, except for the cases where the circulation license must be granted earlier in accordance with relevant laws.
Regarding agro-chemical products, from the submission of secret data in applications to the competent agency mentioned in Clause 1 of this Article to the end of a 10-year period as from the date the applicants are granted licenses, such agency must not grant licenses to any subsequent applicants in whose applications the said secret data are used, or based on the fact that the applicants of the above-mentioned secret data are granted circulation licenses without the consent of submitters of such data, except for the cases specified at Point d Clause 3 Article 125 of this Law, or the license grant is necessary to protect national defense, security, and nutrition for the citizens, or to meet other social essential needs.”.
To amend and supplement Point d Clause 1, Article 130 as follows:

“d) Possessing or using domain names identical with, or confusingly similar to, protected trade names or trademarks of others, or geographical indications without having the right to use, for bad purposes, or for the purpose of taking advantage of the reputation of the corresponding trademarks, trade names or geographical indications for illegal profits.”.

To add Article 131a after Article 131 of Section 1, Chapter IX Part three as follows:

“Article 131a. Compensation for owners of inventions due to delay in grant licenses for pharmaceutical circulation

When carrying out procedures for maintaining the validity of the patents, the patent owner is not required to pay charges for use of protection titles for duration when the procedures for initial circulation registration of pharmaceuticals manufactured according to such patents in Vietnam are delayed.
Procedures for registration for circulation of pharmaceuticals shall be considered delayed if past the period of 2 years, from the date of receiving complete dossiers for circulation registration, but the agency competent to grant licenses for pharmaceutical circulation fails to issue the initial response in writing for such dossiers. The delayed period shall be counted from the first day after ending the period of 2 years from the agency competent to grant licenses for pharmaceutical circulation receives complete dossiers until the first response is issued.
The delayed period due to the applicants’ mistakes or reasons beyond the control of the competent State agency shall not be included in the period prescribed in Clause 2 of this Article.
In case the patent owner has paid charges for use of protection titles for the period considered delayed, the paid amount shall be deducted to the next period of maintaining validity or refunded.
To be exempted from charges for use of protection titles as prescribed in Clause 1 of this Article, within 12 months from the date pharmaceuticals are granted licenses for circulation, the patent owners must submit the certification of the delay in procedures for pharmaceutical circulation registration of the agency competent to grant licenses for pharmaceutical circulation to the State management agency in charge of industrial property rights.
The Government shall detail this Article.”.
To add Article 133a after Article 133 as follows:

“Article 133a. Rights of the State toward inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks

The State owner representative shall publicly notify within 90 days to transfer the right to register inventions, industrial designs and layout-designs that are results of State budget-funded scientific and technological tasks to organizations or individuals in need in the following cases:
a) Organizations presiding the scientific and technological tasks fail to perform the notification obligation in accordance with Clause 1 Article 136a of this Law;
b) Organizations presiding the scientific and technological tasks send a report to the State owner representative of the fact that there is no demand for registration;
c) Organizations presiding the scientific and technological tasks fail to submit an invention, industrial design or layout-design registration application within the period prescribed in Clause 2 Article 136a of this Law.
In case of failing to transfer the registration right to an organization or individual in need under Clause 1 of this Article, the State owner representative shall publicly announce contents of an invention, industrial design or layout-design being results of a State budget-funded scientific and technological task on the e-portal or website of the organization managing the scientific and technological task.
The competent State agencies may permit other organizations and individuals using inventions, industrial designs and layout-designs which are results of State budget-funded scientific and technological tasks without permission from the exclusive right holders in the following cases:
a) The exclusive right holders fail to take effective measures in an appropriate period in order to use inventions, industrial designs or layout-designs that are results of scientific and technological tasks of which more than 30% of the total capital is sponsored by the State;
b) Where the use is for public and non-commercial purposes or in service of national defense, security, disease prevention and treatment and nutrition assurance for people or other urgent needs of the society.
The payment of compensation for the exclusive right holders when the competent State agency permits other organizations or individuals to use inventions, industrial designs or layout-designs under Clause 3 of this Article shall be carried out as follows:
a) For an invention, industrial design or layout-design that is result of a scientific and technological task wholly funded by the State budget, organizations or individuals permitted to use such invention, industrial design or layout-design are not required to pay compensation;
b) For an invention, industrial design or layout-design that is result of a scientific and technological task funded by different capital sources, including the State budget, organizations or individuals permitted to use such invention, industrial design or layout-design are not required to pay compensation for the use right portion corresponding to the portion invested by the State budget, but must pay compensation for the use right portion corresponding to the remaining investment. The compensation paid to the exclusive right holder shall be determined in accordance with Point d Clause 1 Article 146 of this Law.
The Government shall detail this Article.”.
To amend and supplement Article 135 as follows:

“Article 135. Obligation to pay remunerations to authors of inventions, industrial designs or layout-designs

Except for the cases specified in Clause 2 of this Article, owners of inventions, industrial designs or layout-designs are obligated to pay remunerations to their authors as agreed. In case of absence of agreement, the remuneration payable to an author shall be as follows:
a) 10% of the pre-tax profit amount gained by the owner from the use of an invention, industrial design or layout-design;
b) 15% of total amount received by the owner in each payment for transferring the right to use an invention, industrial design or layout-design before paying tax as prescribed.
For an invention, industrial design or layout-design that is result of a State budget-funded scientific and technological task, the remuneration payable by an owner to the author is provided as follows:
a) From 10% to 15% of the pre-tax profit amount gained by the owner from the use of an invention, industrial design or layout-design;
b) From 15% to 20% of total amount received by the owner in each payment for transferring the right to use an invention, industrial design or layout-design before paying tax as prescribed.
For an invention, industrial design or layout-design under joint authorship, the remuneration prescribed in Clauses 1 and 2 of this Article is the one applicable to co-authors. Co-authors shall reach an agreement on distributing the remuneration payable by the owner.
The obligation to pay remunerations to authors of inventions, industrial designs or layout-designs shall exist throughout the term of protection of such inventions, industrial designs or layout-designs.”.
To add Article 136a after Article 136 as follows:

“Article 136a. Obligations of presiding organizations toward inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks

Notifying the State owner representatives within 30 days, from the date on which the inventions, industrial designs and layout-designs being results of State budget-funded scientific and technological tasks are created.
Submitting registration applications for establishment of rights over inventions, industrial designs and layout-designs that are results of State budget-funded scientific and technological tasks in Vietnam within 6 months, from the date of sending notification to the State owner representatives.
Paying remunerations to authors of inventions, industrial designs and layout-designs as provided for in Article 135 of this Law.
For a scientific and technological task of which up to 30% of the total capital is sponsored by the State, the after-tax profits, that are gained from the use, transfer or licensing of rights, or capital contribution by patents, industrial designs or layout-designs corresponding to the State’s capital contribution portion after paying remunerations to authors, shall be used according to the financial management regulations of the managing organization.
For a scientific and technological task of which more than 30% of the total capital is sponsored by the State, the distribution of after-tax profits, that are gained from the use, transfer or licensing of rights, or capital contribution by patents, industrial designs or layout-designs being results of State budget-funded scientific and technological tasks after paying remunerations to authors, shall be used as follows:
a) To pay an amount not exceeding 10% of the remaining profits to the broker (if any) in accordance with the brokerage contract;
b) In case the scientific and technological tasks are wholly funded by the State budget, at least 50% of the remaining profits shall be used as an investment in science and technology activities; the rest shall be used in accordance with the financial management regulations of the managing organization;
c) In case the scientific and technological tasks are funded by different sources, the remaining profits shall be distributed to parties in corresponding to the capital portion contributed to such scientific and technological tasks. The profits corresponding to the State’s capital contribution portion shall be used by the presiding organization under Point b of this Clause.
The presiding organizations granted patents or protection titles for industrial designs or layout-designs that are entitled to register in accordance with Clauses 1 and 2 Article 86a of this Law are obligated to perform industrial property rights as prescribed, take protection measures and submit annual reports on the performance of rights, application of protection measures and profit distribution to the agencies managing scientific and technological tasks.
The Government shall detail this Article.”.
To add Clause 6 after Clause 5, Article 139 as follows:

“6. The rights to inventions, industrial designs and layout-designs that are results of scientific and technological tasks funded by the State budget may only be transferred to organizations established under Vietnamese law, individuals being Vietnamese citizens and permanently residing in Vietnam. Organizations and individuals that receive the transfer of the ownership must perform the respective obligations of the presiding organizations in accordance with this Law.”.

To add Point dd after Point d, Clause 1, Article 145 as follows:

“dd) Where the use of inventions for the needs of pharmaceuticals for disease prevention and treatment of other countries that are eligible for import under treaties to which the Socialist Republic of Vietnam is a contracting party.”.

To amend and supplement a number of points of Clause 1, Article 146 as follows:
a) To amend and supplement Point b as follows:

“b) Such transferred use right is only limited to a scope and duration so that it is sufficient to achieve the transferring objectives, except for cases specified at Point d, Clause 1, Article 145 of this Law. For an invention in semi-conductor technology, the transfer of the use of invention shall be only for public and non-commercial purposes or for handling of anti-competition practices according to the law regulations on competition;”;

b) To amend and supplement Point d and add Point dd after Point d as follows:

“d) The transferee shall have to pay the holder of exclusive right to use the invention a compensation under the agreement, or in accordance with the Government’s regulations in cases of failing to reach an agreement; except for cases where the right to use the invention is transferred under a compulsory decision to import pharmaceuticals under the mechanism of a treaty to which the Socialist Republic of Vietnam is a contracting party, and the compensation for the use of the invention transferred under a compulsory decision has been paid in the exporting country;

dd) Such transferred use right is mainly to supply the domestic market, except for the cases specified at Points d and dd, Clause 1, Article 145 of this Law.”.
To amend and supplement Clause 1, Article 147 as follows:

“1. The Ministry of Science and Technology shall issue decisions on transfer of the right to use inventions based on the consideration of requests for transferring the use right in the cases specified at Points b, c and d, Clause 1, Article 145 of this Law.

Ministries and ministerial-level agencies shall issue decisions on transfer of the right to use inventions in domains under their respective management in the cases specified at Points a and dd, Clause 1, Article 145 of this Law after consulting opinions of the Ministry of Science and Technology.”.

To amend and supplement Clause 1, Article 153 as follows:

“1. Industrial property representatives shall have the following responsibilities:

a) To notify fee and charge amounts and rates, which are related to procedures for establishment and protection of industrial property rights of clients;
b) To keep confidential information and documents related to cases of their representation;
c) To truthfully and adequately inform notices and requests of the State agency competent to establish and protect industrial property rights; to deliver on time protection titles and other decisions to the represented parties;
d) To promptly carry out requests of the State agency competent to establish and protect industrial property rights in favor of the represented parties to protect their rights and lawful interests;
dd) To notify the State agency competent to establish and protect industrial property rights of changes in the names, addresses of and other information on the represented parties when necessary.”.
To amend and supplement Article 154 as follows:

“Article 154. Conditions for industrial property representation service business

Law-practicing organizations, cooperatives or enterprises, or scientific and technological service organizations that are established and operating in accordance with law regulations and have at least an individual possessing an industrial property representation service-practicing certificate shall be allowed to conduct the industrial property representation service business as industrial property representation service organizations, except for cases specified in Clause 2 of this Article.
Foreign law-practicing organizations that practice law in Vietnam must not conduct the industrial property representation service business.”.
To amend and supplement Clause 2, to add Clause 2a after Clause 2, Article 155 as follows:

“2. Individuals who satisfy the following conditions shall be granted industrial property representation service-practicing certificates, except for cases specified in Clause 2a of this Article:

a) Being Vietnamese citizens with full capacity for civil acts;
b) Residing permanently in Vietnam;
c) Possessing a bachelor’s degree or the equivalent for cases practicing in the domains of trademarks, geographical indications, trade names, repression of unfair competition, trade secrets; holding a bachelor’s degree or the equivalent in a natural science or technical science, for cases practicing in the domains of inventions, industrial designs, layout-designs;
d) Having personally conducted legal activities related to industrial property for 5 years or more, or personally appraised various applications for registration of industrial property at a national or international industrial property office for 5 years or more, or graduated from a training course on the law of industrial property as recognized by a competent agency;
dd) Being other than civil servants, public employees or employees currently working in State agencies competent to establish and protect industrial property rights;
e) Having passed an examination of the profession of representing industrial property rights, organized by a competent agency.

2a. Vietnamese citizens being lawyers that are permitted to practice in accordance with the Law on Lawyers and reside permanently in Vietnam shall be granted an industrial property representation service-practicing certificate in the domains of trademarks, geographical indications, trade names, repression of unfair competition, trade secrets if having graduated from training courses on industrial property law recognized by competent agencies.”.

To amend and supplement Clause 2, Article 156 as follows:

“2. In case an industrial property representative no longer satisfies the business or practice conditions specified in Articles 154 and 155 of this Law, the State management agency in charge of industrial property rights shall revoke the industrial property representation service-practicing certificate, the delete the name of such industrial property representative in the national register of industrial property and publish such deletion in the Official Gazette of Industrial Property.”.

To amend and supplement Clause 2, Article 157 as follows:

“2. Organizations and individuals defined in Clause 1 of this Article include Vietnamese organizations and individuals; organizations and individuals of foreign countries which are member countries of the International Union for the Protection of New Varieties of Plants or have concluded with the Socialist Republic of Vietnam agreements on the protection of plant varieties; foreign individuals that have permanent residence addresses in Vietnam or have establishments producing or trading in plant varieties in Vietnam; foreign organizations that have establishments producing or trading in plant varieties in Vietnam; organizations and individuals that have permanent residence addresses or have establishments producing or trading in plant varieties in the territory of member countries of the International Union for the Protection of New Varieties of Plants.”.

To amend and supplement Article 158 as follows:

“Article 158. General conditions for plant varieties eligible for protection

Plant varieties eligible for protection mean those which have been selected and bred or discovered and developed, and are new, distinct, uniform, stable and designated by proper denominations.”.

To amend and supplement a number of points and clauses of Article 163 as follows:
a) To amend and supplement Clause 1 as follows:

“1. An organization or individual registering rights to plant varieties must designate with the State management agency in charge of rights to plant varieties a proper denomination for a plant variety which must be the same as the denomination already registered for protection in any member country of the International Union for the Protection of New Varieties of Plants and in any country which has concluded with the Socialist Republic of Vietnam an agreement on the protection of plant varieties.”;

b) To amend and supplement Point a, Clause 3 as follows:

“a) They consist of numerals only, unless such numerals are relevant to characteristics or the breeding of such varieties or include the name of the species of such varieties;”

c) To amend and supplement Point c, Clause 3 as follows:

“c) They may easily cause misleading as to features, characteristics or value of such varieties;”;

d) To add Clause 6 after Clause 5 as follows:

“6. In case the denomination for a plant variety registered for protection does not satisfy the requirements specified in Clauses 2 and 3 of this Article, the State management agency in charge of rights to plant varieties shall refuse such denomination and request the registrant to propose another denomination within thirty days from the date of issuing the notice. The State management agency in charge of rights to plant varieties shall record the official name of the plant variety from the time of granting the plant variety protection title.”.

To amend and supplement Article 164 and Article 165 as follows:

“Article 164. Registration of rights to plant varieties

To obtain protection of rights to plant varieties, organizations and individuals must submit their applications for protection registration to the State management agency in charge of rights to plant varieties.
Organizations and individuals having the right to register plant variety protection (hereinafter referred to as registrants) include:
a) Breeders who have personally selected and bred or discovered and developed the plant varieties with their own efforts and expenses;
b) Organizations and individuals that fund breeders to select and breed or discover and develop plant varieties in form of job assignment or hiring, unless otherwise agreed upon, or except cases specified in Clauses 3 and 4 of this Article;
c) Organizations and individuals that are transferred or inherit the right to register for protection of plant varieties.
For the selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks wholly funded by the State budget, the right to register for such plant varieties shall be assigned to the organizations presiding over such tasks automatically and without compensation.
For the selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks funded by different capital sources, including the State budget, portion of the right to register for such plant varieties corresponding to the portion invested by the State budget shall be assigned to the presiding organizations automatically and without compensation.

Article 165. Rights-to-plant varieties representation

Vietnamese organizations and individuals; foreign organizations and individuals permanently residing in Vietnam or having establishments producing or trading in plant varieties in Vietnam shall submit their applications for registration of rights to plant varieties directly or through rights-to-plant varieties representation service organizations; other organizations and individuals specified in Article 157 of this Law shall submit their applications via rights-to-plant varieties representation service organizations.
Organizations that satisfy the following conditions may provide services of representing rights to plant varieties as rights-to-plant varieties representation service organizations:
a) Being Vietnamese law-practicing organizations, cooperatives or enterprises, or scientific and technological service organizations that are established and operating in accordance with law regulations, except for foreign law-practicing organizations that practice law in Vietnam;
b) Having at least an individual possessing a rights-to-plant varieties representation service practice certificate.
Rights-to-plant varieties representation services include: represent organizations and individuals before competent State agencies to establish and protect rights to plant varieties; provide the advice on procedures for establishing and protecting rights to plant varieties; provide other services related to the procedures for establishing and protecting rights to plant varieties.
Rights-to-plant varieties representatives shall be responsible for:
a) Notifying fee and charge amounts and rates, which are related to procedures for establishment and protection of rights to plant varieties of clients;
b) Keeping confidential information and documents related to cases of their representation;
c) Truthfully and adequately informing notices and requests of the State agency competent to establish and protect rights to plant varieties; delivering on time plant variety protection titles and other decisions to the represented parties;
d) Promptly carrying out requests of the State agency competent to establish and protect rights to plant varieties in favor of the represented parties to protect their rights and lawful interests;
dd) Notifying the State agency competent to establish and protect rights to plant varieties of changes in the names, addresses of and other information on the represented parties; changes in the names, addresses and representatives of the representing parties;
e) Rights-to-plant varieties representation service organizations must bear civil liabilities toward persons performing the rights-to-plant varieties representation on their behalf.
Individuals shall be allowed to provide services of representing rights to plant varieties when satisfying the following conditions:
a) Possessing a rights-to-plant varieties representation service practice certificate;
b) Working in a rights-to-plant varieties representation service organization.
Individuals who satisfy the following conditions will be granted rights-to-plant varieties representation service practice certificates:
a) Being Vietnamese citizens with full capacity for civil acts;
b) Residing permanently in Vietnam;
c) Possessing a bachelor’s degree or the equivalent;
d) Having personally conducted legal activities related to rights to plant varieties for five years or more, or personally appraised various applications for registration of rights to plant varieties in a national or international office for rights to plant varieties for five years or more, or graduated from a training course on the law on rights to plant varieties as recognized by a competent agency;
dd) Being other than civil servants, public employees or employees currently working in State agencies competent to establish and protect rights to plant varieties;
e) Having passed an examination of the profession of representing rights to plant varieties, organized by a competent agency.
The Government shall detail the training program of the law on rights to plant varieties, examination of the profession of representing rights to plant varieties, and grant of rights-to-plant varieties representation service practice certificates.”.
To add Clause 6 after Clause 5, Article 170 as follows:

“6. The Government shall detail the order and procedures for termination, restoration and invalidation of plant variety protection titles.”.

To amend and supplement Point a, Clause 1, Article 171 as follows:

“a) The plant variety protection registration application is registered by a person who does not have the registration right;”.

To add Clause 3 after Clause 2, Article 172 as follows:

“3. The Government shall detail the order and procedures for amendment and re-grant of plant variety protection titles.”.

To amend and supplement Point d, Clause 3, Article 176 as follows:

“d) Notifying the acceptance of the application in cases such application is valid or the registrant has properly corrected the errors or made a justifiable opposition to the notice as specified at Point b of this Clause, in which requesting the registrant to supply samples of the variety to the testing institution for performance of technical tests within thirty days before the first growing season from the date the notice of acceptance of plant variety protection registration application is issued, except for cases where the plant variety is tested by the registrant himself as specified in Clause 2, Article 178 of this Law.”.

To amend and supplement Clause 2, Article 180 as follows:

“2. From the moment the registrant withdraws the protection registration application, all subsequent procedures related to such application shall be terminated.”.

To amend and supplement Article 183 as follows:

“Article 183. Grant of plant variety protection titles

In cases a protection registration application is not rejected as specified in Article 182 of this Law and the registrant pays the fee, the State management agency in charge of rights to plant varieties shall decide to grant a plant variety protection title and record it in the national register of protected plant varieties.

A person who register the rights to plant varieties as prescribed in Article 164 of this Law and is granted a plant variety protection title by the competent State agency shall be the holder of rights to plant varieties.”.

To amend and supplement Clause 2, Article 189 as follows:

“2. In cases the registrant is aware of the fact that another person commits the acts prescribing in Articles 186 and 187 of this Law for the plant variety registered for protection, from the time the acceptance of validity of the registration application for protection of the plant variety is published, the plant variety protection registrant may notify in writing that user of the fact that a registration application for protection of the plant variety has been submitted, clearly specifying the submitting date and the date of acceptance of validity of such protection registration application, so that the latter shall stop or continue using the plant variety.”.

To amend and supplement Article 191 and add Articles 191a and 191b after Article 191 in Section 2, Chapter XIV, Part Four as follows:

“Article 191. Obligations of plant variety protection title holders

Except for the cases specified in Clause 2 of this Article, a plant variety protection title holder has the obligation of paying remunerations to the breeder of plant variety as agreed upon; in the absence of such agreement, the remuneration level payable to the breeder shall be as follows:
a) 10% of pre-tax profit earned by the plant variety protection title holder from the use of the protected plant variety for production and business;
b) 15% of the total amount received by the plant variety protection title holder in each payment due to the transfer of the right to use the plant variety before the payment of tax as prescribed;
c) 35% of the total amount received by the plant variety protection title holder for the first transfer of the rights to the plant variety before the payment of tax as prescribed and be not entitled to remuneration for the next transfer and remunerations as prescribed at Points a and b of this Clause.
For a plant variety that is the result of a scientific and technological task funded by the State budget, the plant variety protection title holder shall pay remuneration to the breeder in accordance with the following regulations:
a) Between 10% and 15% of pre-tax profit earned by the plant variety protection title holder from the use of the protected plant variety for production and business;
b) Between 15% and 20% of the total amount received by the plant variety protection title holder in each payment due to the transfer of the right to use the plant variety before the payment of tax as prescribed;
c) Between 20% and 35% of the total amount received by the plant variety protection title holder for the first transfer of the rights to the plant variety before the payment of tax as prescribed and be not entitled to remuneration for the next transfer and remunerations as prescribed at Points a and b of this Clause.
For cases of a plant variety of co-authors, the remuneration levels specified in Clauses 1 and 2 of this Article are those for co-authors; the co-authors shall themselves agree on the distribution of the remuneration paid by the plant variety protection title holder.
The obligation to pay remuneration to the breeders shall exist throughout the term of protection of the plant varieties.
To pay the validity maintenance fee of the plant variety protection titles to the plant variety protection agency within three months after the date of grant of plant variety protection titles, for the first valid year and within the first month of the next valid years, for the following valid years.
To preserve protected plant varieties, supply reproductive materials and information of protected plant varieties at the request of plant variety protection agency; and maintain the stability of protected plant varieties according to the traits described at the time of grant of the plant variety protection titles.

Article 191a. Obligations of presiding organizations for selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks funded by the State budget

To submit the application for registration of rights to a plant variety within 12 months from the date of pre-acceptance test of the scientific and technological task.
To pay remuneration to the breeders of plant varieties in accordance with Article 191 of this Article.
For a scientific and technological task of which up to 30% of the total capital is funded by the State, the after-tax profits earned from the use, transfer of use right, assignment of rights or contribution as capital of the plant variety that are corresponding to the State’s capital contribution ratio, after the remuneration of the breeder has already paid, shall be used according to the presiding organization’s financial management regulations.
For a scientific and technological task of which more than 30% of the total capital is funded by the State, the distribution of after-tax profits earned from the use, transfer of use right, assignment of rights or contribution as capital of the selected and bred or discovered and developed plant variety that is the result of the scientific and technological task funded by the State budget, after the remuneration of the breeder has already paid, shall comply with the following regulations:
a) In case a scientific and technological task is wholly funded by the State budget, at least 50% of the remaining profits shall be used to invest in scientific and technological activities; the remainder shall be used according to the presiding organization’s financial management regulations;
a) In case a scientific and technological task is funded by different capital sources, the remaining profits shall be distributed to the parties in proportion to their capital contribution to such scientific and technological task. The portion of profits corresponding to the State’s capital contribution ratio shall be used by the presiding organization in accordance with Point a of this Clause.
The presiding organization granted the plant variety protection title, which has the registration right as specified Clauses 3 and 4, Article 164 of this Law, has the obligations to exercise the rights to the plant variety in accordance with regulations, take protection measures, and submit annual reports on the exercise of rights, protection measures and the distribution of profits to the agency managing the scientific and technological task.
The Government shall detail this Article.”.

Article 191b. Rights of the State towards selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks funded by the State budget

The representative of State owner shall publicly notify within 90 days to transfer the right to register selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks funded by the State budget to organizations or individuals in need in the following cases:
a) Organizations presiding the scientific and technological tasks fail to perform the obligation specified in Clause 1 Article 191a of this Law;
b) Organizations presiding the scientific and technological tasks send a report to the representative of State owner on the fact that there is no demand for registration.
In case of failing to transfer the registration right to an organization or individual in need under Clause 1 of this Article, the representative of State owner shall publicly announce contents of a selected and bred or discovered and developed plant variety being the result of a scientific and technological task funded by the State budget on the portal or website of the organization managing the scientific and technological task.
The competent State agencies may permit other organizations and individuals to use the selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks funded by the State budget without permission from the exclusive right holders in the following cases:
a) The exclusive right holders fail to take effective measures in an appropriate period in order to use selected and bred or discovered and developed plant varieties that are the results of scientific and technological tasks of which more than 30% of the total capital is funded by the State;
b) Where the use is for public and non-commercial purposes or in service of national defense, security, disease prevention and treatment, and nutrition assurance for people or other urgent needs of the society.
The payment of compensation for the exclusive right holder when the competent State agency permits other organizations or individuals to use a plant variety under Clause 3 of this Article shall be carried out as follows:
a) For a selected and bred or discovered and developed plant variety that is the result of a scientific and technological task wholly funded by the State budget, organizations or individuals permitted to use the plant variety are not required to pay compensation.
b) For a selected and bred or discovered and developed plant variety that is the result of a scientific and technological task funded by different capital sources, including the State budget, organizations or individuals permitted to use such plant variety are not required to pay compensation for the use right portion corresponding to the capital portion invested by the State budget, but must pay compensation for the use right portion corresponding to the remaining investment capital. The compensation paid to the exclusive right holder shall be determined in accordance with Point d Clause 3 Article 195 of this Law.
The Government shall detail this Article.”.
To amend and supplement Clause 4, and add Clause 5 after Clause 4, Article 194 as follows:

“4. The rights to selected and bred or discovered and developed plant varieties that are results of scientific and technological tasks funded by the State budget may only be transferred to organizations established under Vietnamese law, individuals being Vietnamese citizens and permanently residing in Vietnam. Organizations and individuals that receive the transfer of the ownership must perform the respective obligations of the presiding organizations in accordance with this Law.

The Government shall detail this Article.”.
To amend and supplement a number of clauses of Article 198 as follows:
a) To amend and supplement Points a and b, Clause 1 as follows:

“a) Applying technological measures to protect rights, publish right management information or applying other technological measures to prevent acts of infringing upon intellectual property rights;

b) Requesting organizations or individuals that commit acts of infringing upon intellectual property rights to terminate their infringing acts, remove and delete violating contents in the Internet and telecommunications network environment, make public apologies or rectifications and pay damages;”;
b) To add Clause 1a after Clause 1, to amend and supplement Clauses 2 and 3 as follows:

“1a. Intellectual property right holders may authorize other organizations or individuals to apply the measures specified in Clause 1 of this Article to protect their intellectual property rights.

Organizations and individuals that suffer from damage caused by acts of infringing upon intellectual property rights or discover acts of infringing upon intellectual property rights which cause damage to consumers or the society shall have the right to request competent State agencies to handle such acts in accordance with this Law and other relevant law regulations.

Organizations and individuals that inherit the copyright, rights of performers shall have the right to request competent State agencies to handle acts of infringing upon the rights specified in Clause 4 Article 19 and Point b Clause 2 Article 29 of this Law.

Organizations and individuals that suffer from damage or are likely to suffer from damage caused by acts of unfair competition shall have the right to request competent State agencies to apply the civil remedies provided for in Article 202 of this Law.”.
To add Article 198a and Article 198b after Article 198 as follows:

“Article 198a. Presumption of copyright and related rights

In civil, administrative and criminal legal proceedings on copyright and related rights, if there is no evidence to the contrary, in the absence of evidence to the contrary, copyright and related rights shall be assumed as follows:

Individuals and organization to be commonly named as authors, performers, producers of phonograms and/or video recordings, broadcasting organizations, producers of cinematographic works, publishing houses shall be considered as the holders of rights to such works, performances, phonograms, video recordings or broadcasts;
To be commonly named as specified in Clause 1 of this Article means to be named in the original of a work, first fixed copy of a performance, phonogram, video recording or broadcast and relevant documents (if any) or in the corresponding copy that are legally published in case the original of the work, first fixed copy of the performance, phonogram, video recording or broadcast and relevant documents no longer exist;
Individuals and organizations specified in Clause 1 of this Article are entitled to copyright and related rights.

Article 198b. Legal liability related to copyright and related rights of enterprises providing intermediary services

An intermediary service provider means an enterprise that provides technical means for organizations and individuals to use the service of putting digital information contents in the Internet and telecommunications network environment; provides online connectivity for the public to access and use digital information contents in the Internet and telecommunications network environment.
Enterprises providing intermediary services shall be responsible for implement technical measures, coordinate with competent State agencies and rights holders in performing measures to protect copyright and related rights in the Internet and telecommunications network environment.
Enterprises providing intermediary services shall be exempted from legal liability for the acts of infringing upon copyright and related rights in the Internet and telecommunications network environment related to the provision or use of their services in the following cases:
a) They only carry out the transmission of digital information contents or provide the access to digital information contents;
b) When performing the function of buffer storage in the process of information transmission, the enterprises providing intermediary services must perform it automatically and temporarily for the purpose of transferring information and making the transmission of information more effective, under the following conditions: transform information only for technological reasons; comply with the conditions of access to and use of digital information contents; comply with rules for updating digital information contents that are specified in detail according to a method widely recognized and used in the industry; do not prevent the lawful use of technology that is widely recognized in the industry to obtain data on the use of digital information contents; remove the digital information contents or deny the access to the digital information contents when learning that such digital information contents have been removed at their originating source or their originating source has canceled the access to such digital information contents;
c) Store digital information contents of service users at the request of the service users but: do not know that such digital information contents infringe upon copyright and related rights; quickly remove or prevent access to such digital information contents upon learning that such digital information contents infringe upon copyright or related rights;
d) Other cases as prescribed by the Government.
Enterprises providing intermediary services that are exempted from legal liability as specified in Clause 3 of this Article must not monitor its own service or proactively seek evidence of acts of infringement.
Digital information contents specified in this Article are works and subject matters of related rights protected under this Law that are expressed in digital form.
The Government shall detail this Article.”.
To amend and supplement a number of clauses of Article 201 as follows:
a) To amend and supplement Clause 1 and add Clause 1a after Clause 1; amend and supplement Clause 2 and add Clause 2a after Clause 2 as follows:

“1. Intellectual property assessment means the use by organizations or individuals defined in Clauses 2 and 3 of this Article of their professional knowledge and expertise to assess and make conclusion on matters related to intellectual property rights. The judicial assessment of intellectual property shall comply with law regulations on judicial assessment.

1a. Intellectual property assessment includes:

a) Assessment of copyright and copyright-related rights;
b) Assessment of industrial property rights;
c) Assessment of rights to plant varieties.
Enterprises, cooperatives, non-business units or law-practicing organizations, which are established and operate in accordance with law regulations and have at least an individual possessing an intellectual property assessor card, may perform the intellectual property assessment, except for cases specified in Clause 2a of this Article.

2a. Foreign law-practicing organizations that practice law in Vietnam must not conduct the intellectual property assessment service business.”;

b) To amend and supplement Clauses 4 and 5 as follows:

“4. Principles of assessment include:

a) Comply with the law, follow the order and procedures of assessment;
b) Truthfulness, accuracy, objectiveness, impartiality and timeliness;
c) Making of professional conclusions only on matters within the requested scope;
d) Responsibility before law for assessment conclusions;
dd) Assessment charge shall be agreed upon by the assessment requesters and organizations or individuals performing the assessment.
Assessment conclusions shall be one of the sources of evidence for the competent agencies to settle the cases. Assessment conclusions do not conclude the infringement of intellectual property rights or conclude the dispute.”.
To amend and supplement Articles 212, 213 and 214 as follows:

“Article 212. Acts of infringing upon industrial property rights which shall be criminally handled

Individuals or commercial legal persons that commit acts of infringing upon intellectual property rights involving elements which constitute a crime shall be examined for penal liability.

Article 213. Intellectual property counterfeit goods

Intellectual property counterfeit goods referred to in this Law include goods bearing counterfeit trademarks and goods bearing counterfeit geographical indications and pirated goods defined in Clauses 2, 3 and 4 of this Article.
Goods bearing counterfeit trademarks means are goods or their packages bearing trademarks or signs or stamps, labels with signs identical with, or similar signs indistinguishable from, trademarks currently protected for those very goods without permission of mark owners.
Goods bearing counterfeit geographical indications are goods or their packages bearing signs or stamps, labels with signs identical with, or similar signs indistinguishable from, geographical indications currently protected for those very goods and such bearing is carried out by organizations or individuals that do not have the right to use such geographical indications as specified in Clause 4, Article 121 of this Law or the law of the countries of original of such geographical indications.
Pirated goods are copies made without the permission of the copyright holder or related right holder.

Article 214. Forms of administrative sanction and remedial measures

Organizations and individuals that commit acts of infringing upon intellectual property rights defined in Clause 1, Article 211 of this Law shall be imposed sanctions and remedial measures in accordance with law regulations on handling of administrative violations.
In addition to the sanctions and remedial measures prescribed by law regulations on handling of administrative violations, organizations and individuals infringing upon intellectual property rights are also subject to the remedial measure of forcible distribution or use for non-commercial purposes of intellectual property counterfeit goods as well as raw materials, materials and means used mainly for the production or trading of these intellectual property counterfeit goods, provided that the distribution or use does not affect the exploitation of rights by intellectual property right holders and meets other conditions as specified by the Government.
Administrative sanctioning levels and the competence to sanction administrative violations for infringements upon intellectual property rights shall comply with law regulations on handling of administrative violations.”.
To amend and supplement a number of clauses of Article 216 as follows:
a) To amend and supplement Clause 2 as follows:

“2. Suspension of customs procedures for goods suspected of infringing upon intellectual property rights means a measure taken in the following cases:

a) At the request of intellectual property right holders in order to collect information and evidence on goods lots in question so that the intellectual property right holders can exercise the right to request the handling of infringing acts and request the application of provisional urgent measures or preventive measures to secure the administrative sanctioning;
b) Customs offices shall proactively apply the suspension if during the process of inspection, supervision and control, there are evident grounds to suspect that imported or exported goods are intellectual property counterfeit goods.”;
b) To add Clause 5 after Clause 4 as follows:

“5. The Government shall detail Point b, Clause 2 of this Article.”.

To add Clause 4 after Clause 3, Article 218 as follows:

“4. In the event that a customs office proactively suspends the customs procedures, the customs office must immediately notify such suspension to the intellectual property right holder if the contact information is available and to the importer or exporter.

Within ten working days from the date of notification, if the intellectual property right holder does not initiate civil lawsuit and the customs office does not decide to accept the case for handling of administrative violations, the customs office shall be responsible for continuing to carry out customs procedures for the goods lot.”.

To replace or remove words or phrases in a number of articles as follows:
a) To replace the phrase “plastic-art works” with the phrase “art works” at Point g Clause 1 Article 14;
b) To replace the phrase “performances” with the phrase
“related rights” and remove the phrase “Clause 1” in Clause 2, Article 16;
c) To replace the phrase “Article 86” with the phrase “Article 86, Article 86a” in Clause 3 Article 60, Clause 4 Article 65 and Clause 2 Article 71;
d) To replace the phrase “the validity maintenance fee” with the phrase “the validity maintenance charge or fee” in Clause 1 Article 94;
dd) To replace the phrase “the validity prolongation fee” with the phrase “the validity prolongation charge or fee” in Clause 2 Article 94;
e) To replace the word “fees” with the phrase “charges and fees” in Clause 3 Article 94;
g) To replace the phrase “submitting fee” with the phrase “charge and fee” at Point c Clause 1 Article 108;
h) To replace the phrase “enforcement” with the word “protection” at Point a Clause 1 Article 151;
i) To replace the word “enforcement” with the word “protection” at Points b and c Clause 1 Article 151;
k) To replace the word “vines” with the phrase “woody vines” in Article 159 and Clause 2 Article 169;
l) Remove the phrase “Point b and” at Point a Clause 3 Article 176;
m) Remove the phrase “Point a Clause 1” in Clause 2 Article 185;
n) Remove the phrase “in Article 79” in Clause 1 Article 203;
o) Remove the phrase “in Clause 1 Article 122” in Clause 1 Article 209;
p) Remove the phrase “in Chapter VIII, Part One” in Article 210;
q) Remove the phrase “and Article 215” in Clause 4 Article 216 and Article 219.
To repeal Clause 19 Article 4, Article 5, Clause 3 Article 51, Clause 4 Article 117, Point b Clause 2 Article 176 and Article 215.

Article 2. Amending and supplementing a number of articles of other relevant laws

To amend and supplement a number of articles of the Law No. 54/2014/QH13 on Customs that is amended and supplemented by the Law No. 71/2014/QH13 and Law No. 35/2018/QH14 as follows:
a) To amend and supplement the title of Section 8, Chapter III as follows:

“Section 8

INSPECTION, SUPERVISION, SUSPENSION OF THE PERFORMANCE OF CUSTOMS PROCEDURES FOR EXPORTED AND IMPORTED GOODS RELATED TO THE INTELLECTUAL PROPERTY RIGHTS”;

b) To amend and supplement Clause 2, Article 73 as follows:

“2. Customs offices may decide to temporarily stop carrying out customs procedures for imported or exported goods when intellectual property rights holders or legally authorized persons make written requests and show evidence of their lawful holding of intellectual property rights and evidence of infringements thereupon and have paid a deposit or produced documents on guarantee by credit institutions as security for payment of damage compensation and expenses as prescribed by law regulations which may arise due to wrong requests for suspension of the performance of customs procedures. Customs offices shall proactively suspend the performance of customs procedures if during the process of inspection, supervision and control, there are evident grounds to suspect that imported or exported goods are intellectual property counterfeit goods.”.

To amend and supplement a number of articles of the Law No. 29/2013/QH13 on Science and Technology that is amended and supplemented by the Law No. 28/2018/QH14 as follows:
a) To amend and supplement Article 41 as follows:

“Article 41. Right to own or use scientific research and technological development results

Organizations or individuals investing money and physical-technical foundations in the performance of scientific and technological tasks are owners of scientific research and technological development results, unless otherwise agreed by parties in scientific research and technological development contracts.
Representatives of the State owner of results of scientific research and technological development funded with the State budget are as follows:
a) The Minister of Science and Technology acts as the representative of the owner of national scientific and technological task performance results;
b) Ministers, heads of ministerial-level agencies, government-attached agencies, other central State agencies or chairpersons of provincial-level People’s Committees act as representatives of the owner of performance results of ministerial- or provincial-level or grassroots scientific and technological tasks they have approved;
c) Heads of agencies or organizations not mentioned at Points a and b of this Clause act as representatives of the owner of performance results of scientific and technological tasks they have approved.
Representatives of the State owner mentioned in Clause 2 of this Article may consider assigning the whole or part of the right to own or use results of scientific research and technological development funded by the State budget under the Government’s regulations to organizations assuming the prime responsibility for performing scientific and technological tasks, or to other organizations or individuals that wish to use or exploit such results of scientific research and technological development, except for cases specified in Clause 4 of this Article.
In cases inventions, industrial designs, layout-designs or plant varieties are results of scientific and technological tasks funded by the State budget, the rights to register such inventions, industrial designs, layout-designs or plant varieties shall be automatically assigned to the presiding organizations and without compensation, or shall be assigned to other organizations or individuals as defined by the Law on Intellectual Property. When being granted protection titles, the presiding organizations shall be the owners of the corresponding inventions, industrial designs, layout-designs or plant varieties.
The Government shall detail the rights to own and use scientific research and technological development results specified in this Article.”;
b) To amend and supplement Article 43 as follows:

“Article 43. Division of profits upon use, transfer of use right, assignment or contribution as capital of results of scientific research and technological development funded by the State budget

At least 30% of the profit earned from the use, transfer of use right, assignment or contribution as capital of a result of scientific research and technological development funded by the State budget shall be divided to the author. The remainder will be divided among the owner, managing agency and broker in accordance with the Government’s regulations, except for cases prescribed in Clause 2 of this Article.
Division of profits earned from the use, transfer of use right, assignment of rights or contribution as capital of inventions, industrial designs, layout-designs and plant varieties being results of scientific and technological tasks funded by the State budget of which intellectual property rights are protected shall comply with the Law on Intellectual Property.”.
To amend and supplement Point a, Clause 4, Article 105 of the Law No. 15/2017/QH14 on Management and Use of Public Property that is amended and supplemented by the Law No. 64/2020/QH14 as follows:

“a) Transferring the right to use the property or the property ownership to the organizations presiding the implementation of the tasks to promote the results of tasks or using the property to commercialize results of scientific research and technological development; except for cases of results of scientific and technological tasks being inventions, industrial designs, layout-designs and plant varieties in which the transfer of rights shall comply with the Law on Intellectual Property;”.

To amend and supplement a number of articles of the Law 11/2012/QH13 on Price that is amended and supplemented by the Law No. 61/2014/QH13 and Law No. 64/2020/QH14 as follows:
a) To add Point d after Point c, Clause 1, Article 19 as follows:

“d) Works, phonograms and video recordings in cases of limitation of copyright, limitation of related rights as specified by the Law on Intellectual Property.”;

b) To amend and supplement Point c, Clause 3, Article 19 as follows:
c) Setting price frameworks and specific prices or charge/rent rates for:

– Land, water surface, ground water and forests under the entire people’s ownership represented by the State, and clean water for domestic use;

– Rent, lease-purchase of social houses and official-duty houses built with State budget funds; sale prices or rental rates of State-owned houses;

– Medical examination and treatment, and education and training services provided at the State’s medical examination and treatment establishments and education and training institutions;

– Royalties upon exploitation or use of works, phonograms or video recordings in cases of limitation of copyright, limitation of related rights as specified by the Law on Intellectual Property;”;

c) To add Point d after Point c, Clause 1, Article 22 as follows:

“d) Frameworks and specific rates of royalties upon exploitation or use of works, phonograms and video recordings in cases of limitation of copyright, limitation of related rights as specified by the Law on Intellectual Property.”.

Article 3. Effect

This Law takes effect on January 01, 2023, except for the cases specified in Clauses 2 and 3 of this Article.
Regulations on protection of sound trademarks take effect on January 14, 2022.
Regulations on protection of test data for agro-chemical products take effect on January 14, 2024.

Article 4. Transitional provisions

Copyright and related rights protected before the effective date of this Law shall continue to be protected under this Law if they remain in term of protection.
Applications for registration of copyright and related rights, which have been submitted to competent agencies before the effective date of this Law, shall continue to be handled in accordance with law regulations effective at the time of submitting such applications.
Applications for registration of inventions, industrial designs, trademarks and geographical indications, which have been submitted to State management agencies in charge of industrial property rights before the effective date of this Law, shall continue to be handled in accordance with law regulations effective at the time of submitting such applications, except for the following cases:
a) The provisions in Clause 13 Article 4 of the Law on Intellectual Property that are amended and supplemented under Point b Clause 1 Article 1 of this Law apply to industrial design registration applications submitted from August 01, 2020 but there is no decision on grant of, or refusal to grant a protection title before the effective date of this Law;
b) The provisions at Points e and h Clause 2 Article 74, Point e Clause 1 Article 106, Point b Clause 3 Article 117 of the Law on Intellectual Property that are amended and supplemented by Points b and c Clause 22, Clause 35 and Point b Clause 42 Article 1 of this Law apply to industrial property registration applications without any decision on grant of, or refusal to grant a protection title issued before the effective date of this Law;
c) Security control for inventions in invention registration applications for which a decision to grant or refuse to grant a protection title has not been granted before the effective date of this Law shall comply with Article 89a that is added according to Clause 27 Article 1 of this Law;
d) The provisions in Article 118 of the Law on Intellectual Property that are amended and supplemented under Clause 43 Article 1 of this Law apply to industrial property registration applications without any notice on results of content appraisal issued before the effective date of this Law.
The provisions in Articles 86, 86a, 133a, 135, 136a, 139, 164, 191, 191a, 191b and 194 of the Law on Intellectual Property that are amended and added according to Clauses 25, 52, 53, 54, 55, 66, 74 and 75 Article 1 of this Law, applicable to inventions, industrial designs, layout-designs and plant varieties that are results of scientific and technological tasks funded by the State budget shall apply to scientific and technological tasks assigned from the effective date of this Law.
Rights and obligations to an industrial design that is a part of a product for assembly into a complex product under a protection title granted on the basis of an application before August 1, 2020 shall be applied in accordance with law regulations in force before the effective date of this Law.

Grounds for invalidation of protection titles shall comply with law regulations that is applied to the consideration of grant of such protection titles.

Individuals granted industrial property representation service-practicing certificates before the effective date of this Law may continue to practice under their granted certificates. Individuals passing examinations on industrial property representation profession organized by competent agencies before the effective date of this Law shall be granted industrial property representation service-practicing certificates in accordance with the Law on Intellectual Property that is amended and supplemented by the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14.
Registration applications for protection of rights to plant varieties, which have been submitted to competent agencies before the effective date of this Law, shall continue to be handled in accordance with law regulations in force at the time of submitting such applications. Individuals granted rights-to-plant varieties representation service practice certificates before the effective date of this Law may continue to practice under their granted certificates.
Lawsuits over intellectual property right infringement which have been accepted by competent agencies before the effective date of this Law, but not yet settled, shall be continued processed in accordance with the Law No. 50/2005/QH11 on Intellectual Property which is amended and supplemented under the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14.

This Law was adopted on June 16, 2022, by the XV^thNational Assembly of the Socialist Republic of Vietnam at its 3^th session./.

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Law 50/2005 on Intellectual Property

Law 07/2022/QH15 (amending 50/2005/QH11)

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