You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

January 6, 2021

Vietnam Temporarily Reduces Some IP Fees by 50%

Subscribe to Updates

On May 26, 2020, in response to the COVID-19 pandemic, Vietnam’s Ministry of Finance issued Circular No. 45/2020/TT-BTC on the reduction of fees for registration of foreign QR codes as well as certain industrial property fees. Accordingly, the industrial property fees listed in Section A of the schedule promulgated with Circular No. 263/2016/TT-BTC of the Ministry of Finance will be temporarily reduced by 50% from May 26 until the end of 2020, returning to the old levels on January 1, 2021.

UPDATE: On December 29, 2020, the Intellectual Property Office of Vietnam issued Circular No. 112/2020/TT-BTC announcing that these fee reductions would be extended until June 30, 2021.

Specifically, the following fees will be subject to the 50% reduction:

  1. Filing fees for applications (including divisional applications and converted applications);
  2. Fees for requesting an extension of time to respond to the IP Office’s notifications;
  3. Fees for issuance of protection titles;
  4. Fees for issuance of certificates of recordal of IP license agreements;
  5. Annuities for patents for inventions/utility solutions and renewal fees for trademark registration certificates and patents for industrial designs;
  6. Fees for late payment of annuities/late filing for renewal;
  7. Fees for requests for invalidation/termination of protection titles;
  8. Fees for issuance of IP agent practicing certificates, publication and recordal into National Registry.

Generally speaking, the fees above are quite small, ranging from VND 50,000 to VND 200,000 (approximately USD 2 to USD 9), and typically constitute only a small portion of the total fees to be paid for the corresponding procedures. The higher fees for other items such as examination are not subject to this temporary adjustment. Thus, in most cases, the cost savings are minimal. (However, it is worth noting that some of these fees are applied on a per-claim or per-class basis, and the total costs and savings in some cases could be significant.) Nonetheless, this shows the efforts of the government of Vietnam to support applicants for IP registration affected by the COVID-19 pandemic.

For more details on the fee reduction, please contact us at [email protected].

This article was originally published on May 29, 2020.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

February 24, 2023
On February 20, 2023, the Supreme People’s Court of Vietnam submitted a Practical Report on the Implementation of the Law on Organization of People’s Courts, as well as a Draft Amendment of the Law on Organization of People’s Courts to seek online comment from interested parties. Notably, the Supreme People’s Court has expressed a desire to establish specialized courts such as an IP court and a bankruptcy court. Practical Report on the Implementation of the Law on Organization of People’s Courts The Supreme People’s Court reviewed the implementation over the past eight years of the Law on Organization of People’s Courts (“LOPC”), which took effect in 2015. Some highlights of the implementation process, as set out in the Supreme People’s Court’s practical report, are as follows: Re-systematization of all levels of courts: The LOPC systematized the court system in Vietnam, including four levels: Supreme People’s Court Three Superior People’s Courts 765 first-instance trial courts (including 702 district courts and 63 provincial courts) 66 appellate courts (including 63 provincial people’s courts and the three Superior People’s Courts) In addition, the Supreme People’s Court established four adjudicating agencies for cassation and reopening (including three Judicial Committees of the Superior People’s Court and the Council of Judges of the Supreme People’s Court). Support departments for the court have been strengthened, and policies have been developed to train judges. Trial results: From June 1, 2015, to April 30, 2022, the courts have settled 3,187,285 cases of all kinds out of a total of 3,334,915 cases handled (95.57%). Most of the remaining cases are newly accepted and still within the time limit for settlement as prescribed by law. On average, the courts have had to deal with about 476,416 cases each year. Draft Amendment of Law on Organization of People’s Courts Despite the notable
Read More
February 15, 2023
To improve its patent application processing capacity, the Intellectual Property Office of Vietnam (IP Office), with the support of the Japan International Cooperation Agency (JICA), is continuing to develop a draft amendment to the patent application examination guidelines for inventions related to computer programs. After issuing Annex I to the patent application examination guidelines in 2021, which covered subject-matters related to computer programs that are protected as inventions, the IP Office’s Patent Examination Center, with the support of experts from the JICA, has now developed a draft of Annex II. This draft provides guidance on examination related to a sufficient disclosure of the substance of claimed subject-matters and an assessment of the protection criteria (novelty and inventive step) of subject-matters related to computer programs, along with illustrative examples. In addition, the draft introduces the concepts of “sub-combination inventions” and “mixed-type inventions”, an assessment of the clarity of sub-combination inventions, and the assessment of novelty and inventive step of mixed-type inventions. To evaluate the amendments in the draft, in conformity with the legal regulations and the examination practice, the Patent Examination Center organized a discussion of the draft on February 4, 2023, with the contribution of opinions and comments from IP representatives, organizations, schools, institutes, and individuals. The Patent Examination Center announced that it wishes to receive further constructive opinions from interested parties to improve the amendments of the guidelines. In the context that inventions related to computer programs are closely related to new technologies such as artificial intelligence (AI), and noting the many difficulties arising in the examination process, we hope that the amendments to the guidelines, specifically as outlined in the draft of Annex II, will soon be finalized and officially released. This annex will certainly facilitate the examination of inventions related to computer programs, as well as
Read More
February 6, 2023
The available options for enforcing intellectual property (IP) in Cambodia have steadily increased over the past years, and both enforcement authorities and IP owners have gained valuable experience in enforcement operations. This experience, alongside new legal developments, has contributed to an increase in successful IP enforcement cases—most notably those involving the police or the courts in Cambodia. Targeted government policies have further fostered a more robust IP enforcement framework in Cambodia for both local and foreign IP owners alike. These owners collaborate with government actors in a bid to protect their IP in Cambodia and ensure that quality goods reach Cambodia’s consumers. Cambodia’s obligations under the Regional Comprehensive Economic Partnership (RCEP) related to IP and especially IP enforcement will lead to even more positive developments. Customs Enforcement Recently, many IP owners have shown particular interest in enforcement opportunities involving Customs in Cambodia, as these IP owners recognize Customs as a key authority in fighting the inflow and outflow of infringing goods. Customs (officially named the General Department of Customs and Excise) is responsible for monitoring the import and export of goods at border checkpoints, and levying duties and taxes on imports and exports. They facilitate trade, which is key for the private sector and government alike, and they collect taxes that can be used for the government and the public good. In this role, Customs is an important agency in fighting infringement, either by stopping imports so that the infringing goods do not reach consumers in Cambodia, or by taking action against exports, thereby making Cambodia less desirable as a manufacturing or transit hub for infringing goods. Besides improving the reputation of the country as a destination for investment and business, it can benefit the public as well, because infringing goods are often smuggled or misdeclared to avoid duties
Read More
February 3, 2023
Overview Although Vietnam has a number of mechanisms for accelerating the patent examination process, most of them have not lived up to the expectations of applicants. However, a fast-track patent prosecution highway (PPH) program was opened for the first time between the Intellectual Property Office of Vietnam (IP Office) and the Japan Patent Office (JPO) in January 2016, creating opportunities for all applications originating from Japan. The PPH program has been rolled out in the following stages: After more than six years of implementation, this program is considered successful and can be extended to support Japanese enterprises in establishing patent rights in Vietnam. Effectiveness This program has many advantages, such as: Applications originating from Japan are usually of good quality with clear and coherent specification It is possible that the IP Office’s requirements for specifications are already very consistent with Japanese applicants’ way of drafting specifications thanks to the JPO’s training programs for the IP Office. Patents in Japan usually have a short examination timeline and are granted very quickly, even within the application filing timeline in Vietnam (12 months from the priority date for applications filed under the Paris Convention and 31 months from the priority date for applications filed as PCT national phase applications). The coordination between the JPO and the IP Office has been very good. PPH applications are processed in a quick and efficient manner. Japanese applicants and their representatives also often coordinate well with the IP Office to rectify formality shortcomings and avoid prolongation of the examination period. Although there are no official statistics from the IP Office, according to independent statistics for applications whose PPH requests were filed by Tilleke & Gibbins’ associate firm (one of the most prolific filers under the PPH), the examination period for applications under the PPH has been
Read More