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

March 30, 2023

Vietnam’s Amended IP Law Changes Requirements for IP Agents

Subscribe to Updates
Managing Intellectual Property

Vietnam’s Law on Intellectual Property was comprehensively amended in 2022 (“2022 IP Law”), and the amended law came into effect (with the exception of a few provisions) on 1 January 2023. Along with amendments of substantive matters, the revised version also touches upon the requirements for providing IP representation (agent) services, at both the organizational and individual level.

Requirements for Organizations

Article 154 of the previous IP Law provided the following conditions for organizations to act as IP representation service organizations:

  1. The organization is a lawfully established and operating law-practicing enterprise, cooperative or organization, or a scientific and technological service organization, except for foreign law-practicing organizations operating in Vietnam.
  2. The organization has the function of providing IP representation services stated in its business registration certificate or operation registration certificate.
  3. The head(s) of the organization or a person(s) authorized by the head(s) of the organization has a certificate for practicing IP representation services.

While the first requirement remains unchanged, the 2022 IP Law has removed the second requirement, and revised the third requirement to be more relaxed. Specifically, the amended provision only requires that there must be at least one individual holding a certificate for practicing IP representation services in each IP representation service organization. (Regarding the second requirement, while it is no longer stated in the IP Law, this does not mean that any organization can practice IP representation services, because this is a conditional business line and only organizations who meet the conditions for providing such services, provided in other legislation, can do business in this field.)

Requirements for Individuals

At the individual level, the law both tightens and loosens the requirements. Under the former law, to be granted a certificate for practicing IP representation services, the individual must:

  1. Be a Vietnamese citizen with full capacity for civil acts;
  2. Reside permanently in Vietnam;
  3. Have a university degree;
  4. Have either directly worked in the field of IP law or conducted examinations for IP applications at national or international IP offices for at least five years, or have completed a training course on IP Law recognized by a state authority;
  5. Not be a civil servant or employee working in a state authority in relation to establishment and enforcement of IP rights; and
  6. Have passed an IP agent examination organized by a relevant authority.

Among the conditions above, the last is the most challenging. It is widely known that it is extremely difficult to pass an IP agent examination in Vietnam, as the pass rate in recent years has typically been lower than 10%. Because of that, through the end of 2022, only 349 individuals had been granted certificates for practicing IP representation services (“IP agents”), and 294 organizations had been permitted to act as IP representation service organizations in Vietnam.

The 2022 IP Law divides IP representation services for individuals into two categories: (i) for inventions, industrial designs or layout designs (“patent agents”); and (ii) for trademarks, geographical indications, trade names, anti-unfair competition and trade secrets (“trademark agents”). The requirements for each category are different.

To become a patent agent, the 2022 IP Law requires that the individual must have a bachelor’s or equivalent degree in natural sciences or engineering (while under the former law, any bachelor’s degree would suffice). The other conditions mentioned above remain unchanged for patent agents. As such, generally, the conditions for patent agent have become more stringent.

The 2022 IP Law maintains the same six conditions for trademark agents as in the old law. However, it has opened another way to become a trademark agent by creating a new set of conditions especially for lawyers. Accordingly, any qualified lawyer who is residing in Vietnam and has completed a training course on IP Law recognized by a state authority could become a trademark agent.

Needless to say, this makes it easier than before for a lawyer to become a trademark agent, as they no longer need to fulfill conditions (iv), and (v). More importantly, condition (vi) – passing an IP agent examination, which is the most difficult condition as mentioned above – has been replaced by a much simpler condition, which is to simply complete a training course on IP law.

Likely Impact of the Changes

When viewing the changes in the requirements for practicing IP representation services at both the organizational level and the individual level, it is now clear that local law firms will benefit the most from such changes. As the law no longer requires the IP agent (or patent/trademark agent) to be the head or authorized by the head of the firm, it will be very easy for a law firm to appoint any of its lawyers to attend a course on IP law (which often can be completed in 6 months and costs less than USD 1,000), and then that lawyer will become a trademark agent, and that law firm will become an IP representation service organization.

Taking into account that there are more than 16,000 lawyers and 6,000 law firms in Vietnam, it is expected that the number of trademark agents and IP representation service organizations will be on the rise in the time to come.

This article first appeared in Managing Intellectual Property.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

April 21, 2026
Vietnam continues to refine its intellectual property framework to align with the 2025 amendments to the Law on Intellectual Property (IP Law). On March 31, 2026, the government issued Decree 100/2026/ND-CP (Decree 100), which substantially amends Decree 65/2023/ND-CP detailing the implementation of the IP Law (Decree 65). On the same day, the Ministry of Science and Technology released Circular 10/2026/TT-BKHCN (Circular 10), providing detailed procedural guidance and new forms. Both instruments took effect on April 1, 2026, along with the amended IP Law. While the updates touch on every IP right, trademark owners and brand strategists will find several practical and forward-looking changes that directly affect filing strategy, examination timelines, portfolio management, and enforcement readiness. 1. Fast-Track Substantive Examination for Eligible Applications One of the most business-friendly innovations is the new fast-track substantive examination pathway for applications meeting specified eligibility criteria. Successful fast-track applications enjoy a shortened substantive examination period of three months. This offers a significant competitive edge for tech-driven or regulated-sector brands. If the mark is identical or similar to a mark in another person’s trademark application with an earlier filing date in the case of a priority application that has not yet been processed, the fast-track process will return to the ordinary process. However, the law does not touch on cases where marks under fast-track examination face office action due to other reasons (i.e. lack of distinctiveness, confusingly similar to others’ copyright, trade name, industrial design, etc.) 2. AI-Generated Trademarks Receive Clear Protection Pathway Decree 100 explicitly addresses the use of artificial intelligence (AI) in IP creation, amending Article 10a of Decree 65 to confirm that trademarks created with AI systems are fully protectable, provided they meet the standard requirements of registration. Trademarks face no additional “human authorship” hurdle (unlike patents or industrial designs). Brand owners
Read More
April 20, 2026
Myanmar’s industrial design registration regime has been steadily gaining momentum since the country officially began accepting applications under the Industrial Design Law of 2019. The Industrial Design Division of Myanmar’s Intellectual Property Department (IPD) has actively advanced examination and registration procedures, and as of March 2026, approximately 300 industrial design applications have been published in the IPD’s publicly accessible database—a meaningful milestone in the development of Myanmar’s emerging intellectual property framework. This figure reflects only published applications; additional filings remain pending and will be published after the conclusion of ongoing examination. Filing Requirements in Practice Compliance with a defined set of mandatory requirements is the foundation for filing a valid design application. These mandatory particulars must be provided at the time of filing in order to establish a filing date. These include the applicant’s and creator’s identifying details, a notarized appointment of representative form, the Locarno Classification of the associated product, and a set of graphic representations of the design across multiple standard views. Applicants must also provide a written description of the design and, where applicable, information relating to any priority claim or request for deferred publication. Filing fees are payable at the time of submission. Beyond these core requirements, applicants typically need to provide supplementary documentation, either at the time of filing or in response to a formality examination. This may include evidence of the applicant’s legal entitlement to the design—particularly where the applicant and creator are different parties—as well as supporting corporate and authorization documents. Where priority rights are claimed, the relevant documents must generally be submitted within three months of the Myanmar filing date, with certified English translations required for any non-English priority applications. The supplementary requirements may vary depending on the nature of the application and the examiner’s requests during the formality examination process.
Read More
April 3, 2026
On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property. Acts of Online IP Infringement Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment. Copyright and related rights infringement includes: Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder. Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances. Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms. Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders. Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author. Industrial property infringement includes: Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms. Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services. Producing, using, or offering for sale products containing all or part of a patented invention via online platforms. Advertising or introducing products with technical features or characteristics identical
Read More
March 31, 2026
Vietnam’s most recent amendment of the Law on Intellectual Property (amended IP Law), passed by the National Assembly on December 10, 2025, and effective from April 1, 2026, represents one of the most significant updates to the IP Law in recent years. This amendment modernizes the IP framework, moving a step closer to international standards, while addressing the realities of Vietnam’s booming digital economy, e-commerce growth, and increasing foreign investment, which is crucial for Vietnam’s objective of complete economic transformation. For trademark practitioners, brand owners, and businesses, the changes are largely positive, as they promise faster processes, stronger enforcement tools—especially for online actions—and better commercialization options. However, they also introduce stricter requirements and a need for proactive preparation. Below are some of the most noteworthy changes in the amended IP Law related to trademarks. Significantly Shortened Timelines and Introduction of Fast-Track Examination The statutory timelines under the amended IP Law have been notably reduced: Substantive examination for trademarks is shortened from 9 months to 5 months (from the publication date). The publication period is shortened from 2 months to 1 month. A new fast-track mechanism allows substantive examination in as little as 3 months for qualifying applications (e.g., marks in actual use, facing infringement threats, or meeting government-specified criteria; details to be clarified in implementing regulations). The opposition period is shortened from 5 months to 3 months from publication. This is arguably the most welcome change. Vietnam’s IP Office has long faced criticism for lengthy backlogs, often stretching the trademark registration process to 18–24 months or more. The new timelines bring Vietnam closer to efficient systems. The fast-track option is particularly smart for high-value or urgent cases such as counterfeit threats on e-commerce platforms. However, careful preparation is mandatory for flawless applications from the start to maximize fast-track eligibility.
Read More