– IP Law 50/2005, effective from July 1, 2006.
– Amendment to IP Law 50/2005, effective from January 1, 2010.
– Amendment to IP Law 50/2005, effective from January 14, 2019.
– Amendment to IP Law 50/2005, effective from January 1, 2023.
– Decree 104/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Protection for New Plant Varieties.
– Decree 57/2006/ND-CP of April 27, 2005, on Administrative Penalty for Violation of the Rights under Protection of New Plant Varieties.

– International Convention for the Protection of New Varieties of Plants (UPOV), 1991 Act, since December 24, 2006.
– WTO’s TRIPS Agreement, since January 11, 2007.

Applicant(s): the breeder(s) or his successor in title.

Protection for foreigners: they enjoy the same rights and the same schedule of official fees as nationals on the basis of reciprocity and in accordance with international treaties. They have to appoint a resident agent.

Naming of the inventor(s): compulsory.

Subject matters of rights to plant varieties include plant varieties, reproductive materials and harvest materials.

Patentability conditions: genotype or combination of genotypes that is distinctive, uniform, stable and not a matter of common knowledge and commercially new. The new plant shall belong to the branches and species of the List of Protection issued by the Agriculture Ministry.

Novelty: worldwide novelty is required. Grace period for the breeder: twelve months from the date of the first application. The first application must be filed in the country.

Type of patents: Certification of Protection.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, only signature and seal, no notarization required (valid for several applications from the same applicant);
2. Assignment of breeder’s right, only signature, no notarization required;
3. Specification in English, French, German or Russian for translation into Vietnamese: 1 copy; Vietnamese text: 3 copies plus a set of 3 photos of the variety;
4. Variety samples for DUS testing: 1 specimen.

Formal examination: is carried out within fifteen days.

Publication: after the formal examination.

Examination as to substance: ninety days starting from the filing date for the first step; fifteen days after publication in the Agriculture Journal for the second step.

Third party observations: can be submitted during thirty days following the publication of the result of the examination as to substance.

Divisions: are possible during the examination period.

Appeals: appeals against decisions by the National Office of Industrial Property are possible.

Beginning of protection: from the date of granting the Certification of Protection. 

Duration: twenty-five years for timber and grapes, twenty years for other plants.

Right of the owner: the owner of a certification of protection is entitled to exclusively utilize and transfer the variety (manufacturing, utilizing, importing, advertising and putting into circulation).

Assignment and license agreements: have to be registered.

Opposition to granted certification of protection: during the term of validity of a Certification, anyone may file an opposition.

Compulsory license: possible if particularly important inventions are not utilized or do not meet the requirements of the national economy. A royalty (compensation) shall be paid according to the agreement between the parties.