– 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 103/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Establishment of Industrial Property Rights.
– Decree 105/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Protection of Industrial Property Rights and Governmental Management of Industrial Property.
– Decree 106/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Administrative Penalty for Violation of Industrial Property Rights.

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since March 8, 1949.
– Madrid Agreement Concerning the International Registration of Marks, Stockholm Act, since March 8, 1949.
– Convention Establishing the World Intellectual Property Organization (WIPO), since July 2, 1976.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since July 11, 2006.
– WTO’s TRIPS Agreement, since January 11, 2007.
– Comprehensive and Progressive Trans-Pacific Partnership (CPTPP), since November 12, 2018 (effective in Vietnam as of January 14, 2019).
– European-Vietnam Free Trade Agreement (EVFTA), since June 30, 2019 (effective in Vietnam as of August 1, 2020).

Applicant(s): organizations or individuals. Joint application by two or more organizations/individuals for co-ownership is possible.

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 must appoint a resident agent.

Registrable: any visible sign in the form of letters, words, drawings, images, holograms, or a combination thereof, represented in one or more colors or a sound trademark that can be graphically represented.

Exclusion from registration: generics, signs having descriptive character, likely to mislead the public as to the origin or nature of the product/service; identical or similar to official signs indicating control quality, etc. of national or international organization; state flags, emblems or portraits, geographical denominations; signs contrary to the law or socialist morality. Trademarks applied for registration with goods/services of the same type, or signs identical or similar to marks previously registered, cannot be protected.

Novelty: required.

Service marks: registrable.

Collective and certification marks: registrable. For signs indicating geographical origins of goods or services, organizations having the right to register them shall be collective organizations of organizations or individuals engaged in production or trading in relevant localities. For geographical names and other signs indicating geographical origins of local specialties of Vietnam, registration has to be permitted by competent State organs.

Appellation of origin of goods: protectable in Vietnam if protected in the country whose name constitutes such appellation of origin.

Well-known marks: protectable.

Priority: date of filing or earlier priority abroad according to the Paris Convention.

Colors: may be claimed.

Classification: international, according to the Nice Classification (12th Edition).

Filing in several classes: possible in one application; a fee has to be paid for every supplementary class after the first.

Filing requirements for an application (to be sent to resident agent):
1. Power of attorney, no notarization required;
2. 1 specimen (black and white) or 20 (if colors are claimed), max. size 8 x 8 cm (even for word marks);
3. Priority document, if any.

Electronic filing: available. 

Electronic signatures: are not accepted (only wet signatures). Scanned copies of signed documents are accepted, however, the original must be sent at a later date.

For a change of name or address:
1. Certified copy of certificate of change of name/address issued by the Company Registrar or Chamber of Commerce or similar governmental body, indicating the old and new name/address. If not in English, translation into English with notarization;
2. Power of attorney, no notarization required;
3. Original trademark registration certificate.

Examination: applications are examined with respect to substance after a formal examination.

Objections: are notified by official letters.

Disclaimers: not available. 

Letters of consent: are accepted but they will not be determinative of whether the mark may be registered or not. To protect both the owner of the cited mark and the public, a letter of consent should state that the simultaneous use of the marks by both parties will not cause confusion to the public and should be notarized.

Appeals: have to be filed within three months following date of receipt of such an official letter.

Third party observations: can be submitted any time following the publication of the trademark application and before the date of issuance of a decision to grant.

Opposition: any third party may file an opposition within five months from the publication of the trademark application and before the date of issuance of a decision to grant.

Right of the owner: exclusive use of the registered marks for goods (or services) appearing in the list of goods.

Publication: after a granting decision in the Official Bulletin of Marks.

Beginning of protection: from the granting date.

Delivery of document: the trademark certificate is issued in paper format.

Duration: ten years following the filing date or the priority date, if any.

Renewal: for further period of ten years. Request for extensions have to be filed within six months from the expiry date. Requirements: (1) application form, signed by the trademark owner or his agent; (2) original registration certificate; (3) payment of the prescribed fees.

Assignment: possible with the goodwill provided that the assignee ensures the quality of goods that bear the mark; partial assignment accepted; must be registered.

Licenses: as of January 14, 2019, it is no longer mandatory to register a license at the IP Office.  

Modification of the mark: must be registered, as well as changes of address or of secondary elements of the mark. If the changes amount to a complete transformation of the mark, a new application will have to be filed.

Use: a mark is subject to cancellation if not used within five consecutive years preceding the cancellation action, beginning with the registration date.

Cancellation: improper granted registration shall be cancelled on a third party's request filed within five years as of the granting date.

Invalidation: is possible against a registered trademark during the whole life of the registration.

Infringement: punished by a sanction imposed by the competent authorities.