INTELLECTUAL PROPERTY LAW based on the Constitution of the Socialist Republic of Vietnam in 1992 was amended and supplemented by resolution No. 51/2001/QH10 on 25 December 2001 of the Xth Congress, session 10;
 
This law provisions on intellectual property.
PART ONE GENERAL PROVISIONS article 1. Scope this law the provisions on copyright, rights related to copyright, industrial property rights, rights to plant varieties and the protection of those rights.
Article 2. The object to apply this law applies to organizations, individual Vietnam; organizations, foreign individuals that meet the conditions specified in this law and the international treaties to which the Socialist Republic of Vietnam is a member.
Article 3. The subject of intellectual property rights 1. Copyright subjects including literature, art, science; the object of copyright-related rights including the performance, sound recordings, video recordings, broadcasts, satellite signals carry encrypted programs.
2. The object of industrial property rights including patents, industrial designs, layout designs of integrated circuits, trade secrets, trademarks, trade names and geographical indications.
3. Object the rights to plant varieties is seed and breeding material.
Article 4. Explanation of terms In this law, the terms below are interpreted as follows: 1. the intellectual property right is a right of the individual organizations for intellectual property, including copyright and rights related to copyrights, industrial property rights and rights to plant varieties.
2. Copyright is the right of the individual organizations for his work created or owned.
3. copyright and related Rights (hereinafter referred to as the related rights) are rights of the individual, the Organization for the performance, sound recordings, video recordings, broadcasts, satellite signals carry encryption programs.
4. industrial property rights are the rights of the individual, Organization for patents, industrial designs, layout designs of integrated circuits, marks, trade names, geographical indications, trade secrets by themselves create or property and rights against unfair competition.
5. Rights to plant varieties is the right of the individual organizations for new crop varieties by themselves choose the created or discovered and developed, or be entitled to ownership.
6. intellectual property rights owner is the owner of the intellectual property rights or the Organization, individuals are owners of intellectual property rights transfer.
7. The work is innovative products in the fields of literature, art and science expressed by any means or in any form.
8. Derivative work is a work translated from that language into another language, the adaptation, arranger, adapted, edited, annotated, selection.
9. Works, sound recordings, video recordings has published works, sound recordings, video recordings were released with the consent of the copyright owner, the owner of the rights concerned to disseminate to the public with a reasonable number of copies.
10. copy is the creation of one or more copies of a work or a sound recording, record by any means or in any form, including the regular or temporary storage of works in electronic form.
11. is broadcast the transmission of sounds or images or both audio and images of the work, the performer, sound recordings, video recordings, broadcasts to the public by means of radio or land line, including the transmission via satellite to the public could get in the place and time chosen by them.
12. An invention is technical solutions in the form of a product or process to solve a problem identified by the application of the natural law.
13. An industrial design is the appearance of the product is shown by contours, shapes, colors, or a combination of these factors.
14. the semiconductor Integrated Circuit product is in the form of finished products or semi-finished products, in that the element with at least one active element, and some or all the linkages are attached inside or above the panels of semiconductor materials in order to make the electronic functions. Integrated circuit, IC chip and synonymous with the chips.
15. integrated circuit layout design (hereinafter the layout design) is the spatial structure of the circuit elements and linkages that elements in semiconductor integrated circuit.
16. The mark is a sign used to distinguish goods or services of the organizations, different individuals.
17. collective marks are marks used to distinguish goods or services of the members of the organization is the owner of the mark with the goods or services of the Organization, the individual is not a member of that organization.
18. the certification label is the label that the trademark owner allows organizations and individuals to use on goods and services of the Organization, that individual to the certificate of origin, raw materials, materials, the manner of production of the goods, the way to provide the service, the quality of , accuracy, safety or other features of the goods or services bearing the trademark.
19. the affiliate marks are trademarks registered by the same owner, same for identical or similar products or services of the same kind or similar or related to each other.
20. famous brand is the brand is widely known throughout the territory of Vietnam.
21. The trade name is the name of the Organization, the individual user in active trading to differentiate business entities entitled to call it with other business entities in the same areas and business areas.
Business areas specified in this paragraph is the geographic area where the business owner have you the consumer, customer or have the reputation.
22. Geographical indication is a sign used to designate products originating from the region, locality, region or country specific.
23. Trade secret is information obtained from financial investment operations, intelligence, have yet to be revealed and capable of use in business.
24. Crop is crop populations belonging to the same classification level as low, homogeneous morphology, stability through the breeding cycle, can recognize by the expression characteristics due to genotype or combination of genotypes of regulation and distinguish with any other plant populations by the expression of at least one computer condition There are likely to be genetic.
25. The degree of protection is written by competent State authorities granted to individual organizations to establish industrial property rights for inventions, industrial designs, layout design, trademarks, geographical indications; rights to plant varieties.
Article 5. Applicable law 1. In the case of civil matters involving intellectual property are not stipulated in this law shall apply to the provisions of the civil code.
2. In the event of a discrepancy between the provisions of the intellectual property of this law with the provisions of the other laws shall apply the provisions of this law.
3. In the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations with the provisions of this law shall apply to the provisions of international treaties.
Article 6. The base, established intellectual property rights 1. Copyrights arise since the work is innovative and is shown under a given physical form, irrespective of content, quality, form, language, media, have announced or not yet published, registered or not registered.

2. Related rights arising since the performance, sound recordings, video recordings, broadcasts, satellite signals carrying programs are coded to be shaped or done without harm to copyright.
3. Industrial Property Rights are established as follows: a) industrial property rights for inventions, industrial designs, layout design, trademarks, geographical indications be established on the basis of the decision to grant the degree of protection of the State Agency has the authority under the registration procedure provided for in this law or the international registration under the provisions of the international treaties the Socialist Republic of Vietnam is a Member; for famous marks, ownership was established on the basis of use, does not depend on registration procedures;
b) industrial property rights with regard to the commercial name was established on the basis of legitimate use of that trade name;
c) industrial property rights with regard to business secrets are established on the basis that there was a legitimate way of business secrets and make the security of trade secrets;
d) Rights against unfair competition be established on the basis of competitive activity in the business.
4. Rights to plant varieties was established on the basis of the decision to grant Equal protection to plant varieties of competent State agencies under the procedure stipulated in this Act registration.
Article 7. Limited to intellectual property rights 1. The intellectual property right holder may only be exercised in the scope and duration of protection according to the provisions of this law.
2. The implementation of intellectual property rights not be violated the interests of the State, public interest, rights and legitimate interests of other individuals, and organizations do not violate the provisions of the relevant laws.
3. In the case in order to ensure the goal of Defense, security, livelihood and other interests of the State, social provisions in this law, the State has the right to prohibit or limit the subject of intellectual property rights to implement his rights or forced the subject of intellectual property rights must allow the Organization other personal, use one or more of his rights with the suitable conditions.
Article 8. The State's policy on intellectual property 1. Recognition and protection of intellectual property rights of individual organizations on the basis of ensuring harmony benefits of the intellectual property rights subject to the public interest; no protection of objects of intellectual property left with morals, public order, defence, and security.
2. Encourage creative activities, promote and exploit intellectual property to contribute to the socio-economic development, improving the physical and spiritual life of the people.
3. financial support for the receipt of transfer, exploitation of intellectual property rights serves the public interest; encourage organizations and individuals in local and foreign funding for innovative activities and the protection of intellectual property rights.
4. investment priorities for training, staff training, public officials, employees, related objects working on protection of intellectual property rights and research, scientific-technical applications for the protection of intellectual property rights.
Article 9. The rights and responsibilities of organizations and individuals in the protection of intellectual property rights organization, individuals have the right to apply the measures that the law allows to protect his intellectual property right and the responsibility to respect the intellectual property rights of other individuals, organized according to the provisions of this law and the provisions of relevant laws.
Article 10. The content of State management intellectual property 1. Construction, directed the strategy implementation, the policy of protection of intellectual property rights.
2. Enactment and implementation of the law on intellectual property.
3. Organization of management of intellectual property; training and fostering of intellectual.
4. level and perform other procedures related to the certificate of registration of copyright, a certificate of registration of related rights, the degree of protection of industrial property objects, by the protection of plant varieties.
5. Inspection, checking the observance of legislation on intellectual property; complaints, accusations and handle breach of the laws on intellectual property.
6. Organize information activities, statistics on intellectual property.
7. The organization, operations management expertise on intellectual property.
8. Education, advocacy, dissemination of knowledge, of intellectual property legislation.
9. International cooperation on intellectual property.
Article 11. Responsible for the governance of intellectual property 1. The unified Government in State management of intellectual property.
2. The Ministry of science and technology responsible to the Government, in collaboration with the Ministry of culture and information, Ministry of agriculture and rural development, implementation of State management of intellectual and implementing State management of industrial property rights.
Ministry of culture-information within the scope of its powers, duties performed in State management of copyright and related rights.
The Ministry of agriculture and rural development in the scope of its powers, duties performed in State management of rights to plant varieties.
3. Ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for coordination with the Ministry of science and technology, the Ministry of culture and information, Ministry of agriculture and rural development, people's committees, the central cities in the State management of intellectual property.
4. the people's Committee of the level of implementation of State management of intellectual property in the local jurisdiction.
5. The Government specifies the authority, responsible for managing the State of intellectual property of the Ministry of science and technology, the Ministry of culture and information, Ministry of agriculture and rural development, the people's Committee.
Article 12. Fees of intellectual organizations, individuals must submit fees when conducting the procedures relating to intellectual property rights under the provisions of this law and the provisions of relevant laws.
The SECOND PART of COPYRIGHT and RELATED RIGHTS chapter I CONDITIONS of PROTECTION of COPYRIGHT and RELATED RIGHTS section 1 COPYRIGHT PROTECTION CONDITIONS article 13. The author, the copyright owner has the work is copyright protection 1. The Organization, individuals are protected works of authorship include the direct creation of a work and the owner of copyright provisions in articles from Article 37 to article 42 of this law.
2. The author, the copyright owner is prescribed in paragraph 1 of this article includes a personal organizer, Vietnam; organizations, foreign individuals have a work published for the first time in Vietnam that has not been published in any country or published simultaneously in Vietnam within a period of thirty days from the date the work was first published in another country; organizations, foreign personal files are protected in Vietnam according to the international treaties on copyright which the Socialist Republic of Vietnam is a member.
Article 14. The types of works are protected copyright 1. Literature, art and science are protected include: a) literary, scientific, educational, and other works are expressed in the form of letters or other characters;
b) lectures, speeches and other speech;
c press publications);
d) music files;
DD) theatrical works;
e) cinematographic works and created by similar methods (hereinafter referred to as the work of cinema);
g) works of fine art applications;
h) photographic works;
I) works of architecture;
k) A chart, a diagram, a map, a drawing related to the terrain, the scientific works;
l) literary works, folk art;
m) computer program, data collection.

2. Derivative works are only protected by the provisions of paragraph 1 of this article, if not detrimental to the copyright for the work is used to make derivative works.
3. The work is prescribed in clause 1 and clause 2 of this is due to the author directly by creative intellectual labour without copying from the work of others.
4. The Government specific instructions about the type of the work prescribed in clause 1 of this article.
Article 15. The objects do not belong to the scope of protection of copyright 1. Plain news Messenger.
2. legal documents, administrative texts, other texts in the fields of Justice and the official translation of the text.
3. process, system, method of operation, concept, principle, figures.
Section 2 CONDITIONS of PROTECTION of RELATED RIGHTS article 16. The Organization, individuals are protected and related rights 1. Actors, singers, musicians, dancers and others presented literature, art (hereinafter referred to as the performers).
2. organizations and individuals, is the owner of the performance specified in paragraph 44 of this Law 1.
3. organizations, individual first fixation of sounds, pictures of the performance or the sound, the other picture (hereafter referred to as manufacturer of sound recordings, video recordings).
4. organizations initiate and conduct the broadcast (hereafter referred to as broadcast organization).
Article 17. The object of related rights protection 1. The performances are protected if one of the following cases: a) the performance by the citizens of Vietnam made in Vietnam or abroad;
b) the performance by the foreigners implementation in Vietnam;
c) demonstration was configured on a recording, the recording is protected under the provisions of article 30 of this law;
d) demonstration yet to be shaped on a recording, taping that aired are protected according to the provisions of article 31 of this law;
DD) The performers are protected by the international treaties to which the Socialist Republic of Vietnam is a member.
2. Sound recordings, video recordings are protected if one of the following cases: a) sound recordings, the producers of sound recordings, recording Vietnam nationals;
b) sound recordings, the producers of sound recordings, video recordings are protected by the international treaties to which the Socialist Republic of Vietnam is a member.
3. program broadcast, satellite signal encrypted program carrying be protected if one of the following cases: a) broadcasts, satellite signals carry an encrypted program broadcast organisation's Vietnam nationals;
b) broadcasts, satellite signals carry an encrypted program broadcast organisation are protected by the international treaties to which the Socialist Republic of Vietnam is a member.
4. The performance, sound recordings, video recordings, broadcasts, satellite signals carry an encrypted program only are protected according to the provisions in clause 1, 2 and 3 of this article on condition that no prejudicial to copyright.
Chapter II content, LIMITED rights, the TERM of PROTECTION of COPYRIGHT and related rights section 1 content, LIMITED rights, the DURATION of COPYRIGHT PROTECTION Article 18. Copyright the copyright for the work specified in this law include the personal rights and property rights.
Article 19. The right to personal identity Rights include the following rights: 1. The name of the work;
2. Stand your real name or the pseudonym on the work; stated true name or pseudonym when works are published, use;
3. Published works or allow others to publish the work;
4. Protect the integrity of the work, not for the other fix, cropping or distorting files in any way prejudicial to the honour and reputation of the author.
Article 20. Property rights 1. Property rights include the following rights: a) Make derivative works;
b) performing the work in public;
c) copying the work;
d) distribution, import the original or a copy of the work;
DD) to communicate the work to the public by means of wireline, wireless, electronic information network or any other technical means;
e) the original or a copy of rental works, computer programs.
2. The powers specified in paragraph 1 of this article by the author, the copyright owner exclusive rights to make or allow others to follow the provisions of this law.
3. organizations and individuals when tapping, use one, some or all of the rights specified in paragraph 1 of this article and paragraph 3 article 19 of this law must seek permission and pay royalties, remuneration, other material benefits to the owner of copyright.
Article 21. Copyright for works of cinema, theatrical works 1. Who do the work Director, screenplay, cinematography, editing, music composition, design art, sound design, lighting, fine art Studio, designed props, effects and other work for the innovative work of cinema to enjoy the rights provided for in the paragraph 1 2 and 4, article 19 of this law and other rights under the agreement.
Who do the work Director, writer, choreographer, composing music, art design, sound design, lighting, stage arts, design props, effects and other innovative work for theatrical works are entitled to the rights provided for in the paragraph 1, 2 and 4 of article 19 of this Law and other rights under the agreement.
2. organizations, personal financial investment and material-technical base for the production of cinematographic, theatrical works is the owner of the rights stipulated in paragraph 3 article 19 and article 20 of this law.
3. organizations and individuals stipulated in clause 2 of this obligation to pay royalties, remuneration and other material benefits as agreed with those specified in paragraph 1 of this article.
Article 22. Copyrights for computer programs, data collection 1. A computer program is a set of instructions expressed in the form of the command, the code, the scheme or any other form, when attached to a means by which the computer read, have the ability to make a computer perform a task or achieve a particular result.
Computer programs are protected as literary works, whether expressed as source code or machine code.
2. data collection is gathered there creativity in the selection, arrangement of the material in the form of electronic or other format.
The protection of copyright for data collection does not imply that the material itself, not prejudicial to the rights of the author of the material itself.
Article 23. Copyrights for literary works, folk art 1. Literature, folk art is a collective creation on the basis of the tradition of a group or individuals to reflect the aspirations of the community, demonstrated adequate social and cultural characteristics, standards and values are disseminated by simulating or otherwise. Literature, folk arts include: a) the novel, poetry, puzzles;
b) elements of music, singing Tone;
c) dances, play, and ritual of the game;
d) product graphic arts, painting, sculpture, music, architecture and other arts is expressed in any material form.
2. organizations and individuals when using literary works, folk art is made reference of the type of work and ensure preserving the intrinsic value of literature, folk art.
Article 24. Of copyright for literary, scientific and artistic copyright protection for literary, artistic and scientific provisions of paragraph 1 of article 14 of this Law due to specific government regulations.

Article 25. The use of case files was announced not asking permission, do not pay royalties, remuneration 1. The use of case files was announced not asking permission, do not pay royalties, remuneration includes: a) Order a copy for the purposes of scientific research, the teaching of personal;
b) cite reasonable work without doing wrong author to comment or illustrations in his works;
c) cites the work without doing wrong author to write the report, used in periodicals, in radio programs, television, documentary;
d) cites the work to teach in schools that do not make the wrong author, non-commercial purposes;
DD) copy the files to store in the library for the purpose of research;
e) performing theatrical works, performing the art of cultural activities propaganda does not collect the money under any form whatsoever;
g) recording, recording live performances to include news or to teaching;
h) photo shoot, tv works, architecture, photography, art is on display in a public place in order to introduce the image of the work;
I) works to Transfer Braille or another language for the blind;
k) import copies of the work of others for personal use.
2. organizations and individuals use the work prescribed in clause 1 of this article do not affect the normal exploitation of the work, not prejudicial to the rights of authors, copyright owners; to information about the author and the source, the origin of the work.
3. use of works in the cases specified in paragraph 1 of this article shall not apply to architectural works, writings, computer programs.
Article 26. The use cases published works not ask permission but must pay royalties, remuneration 1. Broadcast organizations use published works to make broadcasts available to sponsor, advertise or collect money under any form would not have to ask permission, but must pay royalties, remuneration to the copyright owner under the provisions of the Government.
2. organizations and individuals use the work prescribed in clause 1 of this article do not affect the normal exploitation of the work, not prejudicial to the rights of authors, copyright owners; to information about the author and the source, the origin of the work.
3. use of works in the cases specified in paragraph 1 of this article do not apply to the works.
Article 27. The term of protection of copyright 1. Personal rights specified in the paragraph 1, 2 and 4 of article 19 of this Law are protected indefinitely.
2. Personal Rights stipulated in paragraph 3 article 19 and property rights stipulated in article 20 of this law have the duration of protection are as follows: a) works in film, photography, theatre, applied arts, the work anonymously protection term is fifty years, since the work was first published. Within fifty years, since the cinematographic, theatrical works are shaped, if the work has not been published, the time limit shall be calculated from the time the work is shaped; for the work anonymously, when the information about the author appears, then the term of protection is calculated as specified in point b of this paragraph;
b) files not belonging to the type specified in point a of this paragraph have the term of protection is the author throughout his life and for the next fifty years the author died; in the case of works co-authored the protection period ending in fifty after five co-authors eventually died;
c) duration of protection specified in point a and point b of this clause terminated on time 24 hours on December 31 of the year of the termination of the term of protection of copyright.
Article 28. Infringement of copyright 1. Appropriating copyrights for works of literature, art, science.
2. Impersonating the author.
3. Publish, distribute the work without permission of the author.
4. Publish, distribute the work had co-authored without permission of the author.
5. Fix, cropping or distorting files in any way prejudicial to the honour and reputation of the author.
6. Copy the files without permission of the author, the copyright owner, except for cases specified in point a and point of article 25 paragraph 1/e this law.
7. Make derivative works without permission of the author, the copyright owner with respect to the work is used to make derivative works, except in cases specified in point i of this Law article 25 paragraph 1.
8. Use of works without permission of the copyright owner, does not pay royalties, remuneration, other material benefits prescribed by law, except in the case specified in clause 1 of article 25 of this Law.
9. Rental of the work without paying royalties, remuneration and other material benefits for the author or the copyright owner.
10. Mirror, produce the copy, distribute, display or communication of the work to the public through the media and other digital media without permission of the copyright owner.
11. Publication of works without permission of the copyright owner.
12. Intentionally cancel or invalidate technical measures by copyright owners make to protect copyrights for his works.
13. Intentionally deleted, change rights management information in electronic form has in the works.
14. The manufacture, Assembly, transformation, distribution, import, export, sell or lease equipment to know or have the basis to know the device invalidate technical measures by copyright owners make to protect copyrights for his works.
15. Making and selling works that the author's signature was forged.
16. Export, import, distribution of copies of the work without permission of the copyright owner.
Section 2 content, LIMITED rights, the TERM of PROTECTION of RELATED RIGHTS Article 29. Performer's rights 1. Performers at the same time as the investor has the right to personal and property rights for the performance; in the case of performers is not the owner, the performer has the right to identity and the owner have the property rights for the performance.
2. Personal Rights including the following rights: a) introduced the name when performing, when released sound recordings, video recordings, broadcast the performance;
b) protects the integrity of the iconic performer, don't let others fix, cropping or misrepresent in any way prejudicial to the honour and reputation of a performer.
3. Property rights included exclusive rights to make or let others perform the following rights: a) the fixation of their live performances on a recorder, recorder;
b) copied directly or indirectly the performance has to be shaped on a recorder, recorder;
c) broadcast or otherwise transmitted to the public demonstration yet to be shaped that the public can have access, except where the performance that aims to broadcast;
d) distribution to the public of the original and the copy of his performances through sale, lease, or distribute by any means any technique which the public can access.
4. organizations and individuals exploiting the use of the rights stipulated in paragraph 3 of this article to pay the remuneration for a performer as prescribed by law or by the agreement in the case law does not prescribe.
Article 30. Rights of producers of sound recordings, video recordings

1. Producers of sound recordings, video recordings are exclusively done or let others perform the following rights: a) the direct or indirect copying sound recordings, video recordings;
b) distribution to the public of the original and copies of sound recordings, video recordings of themselves through selling, leasing or distributing by any means any technique which the public can access.
2. Producers of sound recordings, recorded the physical benefits when the recordings, his record is distributed to the public.
Article 31. Rights of broadcasting organizations 1. Broadcasting organisations have the exclusive right to make or let others perform the following rights: a) broadcast, airing its broadcasts;
b) distribution to the public of their broadcasts;
c) fixation of their broadcasts;
d) reproduce a fixation of their broadcasts.
2. hold broadcast rights matter when its broadcasts be recorded, filmed, distributed to the public.
Article 32. The use cases and related rights do not have to ask permission, pay royalties, remuneration 1. The use cases and related rights do not have to ask permission, pay royalties, remuneration includes: a) Order a copy for the purposes of scientific research of the individual;
b) Self Replicating a teaching purposes, except where the performance, sound recordings, video recordings, broadcasts were announced to teaching;
c) cite reasonable aims to provide the information;
d) Organization broadcast DIY temporary copy to broadcast when enjoying the right to broadcast.
2. organizations and individuals use the rights specified in paragraph 1 of this article do not affect the normal exploitation of the performance, sound recordings, video recordings, broadcasts and not prejudicial to the rights of performers, producers of sound recordings, video recordings, broadcast organization.
Article 33. The use cases and related rights do not have to ask permission, but must pay royalties, remuneration 1. The Organization, personal use and related rights in the following circumstances do not have to ask permission, but must pay royalties, remuneration under the agreement for the author, the copyright owners, performers, producers of sound recordings, video recordings, broadcast organizations: a) the direct or indirect use of Phonograms , to record has been published for commercial purposes to make broadcasts available to sponsor, advertise or collect money under any form whatsoever;
b) using sound recordings, video recordings have been published in commercial business activities.
2. organizations and individuals use the rights specified in paragraph 1 of this article do not affect the normal exploitation of the performance, sound recordings, video recordings, broadcasts and not prejudicial to the rights of performers, producers of sound recordings, video recordings, broadcast organization.
Article 34. The term of protection of related rights 1. The rights of performers are protected fifty years from the year next year the performance was shaped.
2. The rights of producers of sound recordings, video recordings are protected fifty years from the next five years or fifty years from next year in sound recordings, video recordings to be shaped if an audio recording, record has not yet been announced.
3. The rights of broadcasting organizations protection fifty years calculated from the following year in the broadcast program is done.
4. The term of protection provided for in paragraphs 1, 2 and 3 of this article ended on time 24 hours on December 31 of the year of the termination of the term of protection of related rights.
Article 35. Infringement of related rights 1. Appropriating the rights of performers, producers of sound recordings, video recordings, broadcast organization.
2. Impersonate performers, producers of sound recordings, video recordings, broadcast organization.
3. Disclosure, production and delivery of the performance was shaped, recordings, video recordings, broadcasts without permission of performers, producers of sound recordings, video recordings, broadcast organization.
4. Fix, cropping, misrepresent in any way against the harm to the performers of the honor and reputation of the performer.
5. copy the extracted for transplant, the performance was shaped, recordings, video recordings, broadcasts without permission of performers, producers of sound recordings, video recordings, broadcast organization.
6. Remove or alter rights management information in electronic form without permission of the relevant rights owner.
7. Knowingly cancel or invalidate technical measures by related rights owners make to protect his rights.
8. Broadcast, distribute, import for distribution to the public the performance, a copy of the performance was shaped, recordings or video recordings to know or be the basis for information rights management in electronic form has been removed or that has been modified without permission of the relevant rights owner.
9. The manufacture, Assembly, transformation, distribution, import, export, sell or lease equipment to know or have the facility to know that unauthorized decoding equipment in a satellite signal carried encrypted programs.
10. Knowingly collect or continue to distribute a satellite signal carried encrypted programmes when the signal was decoded without permission of the lawful Distributor.
Chapter III the OWNER of COPYRIGHT and related rights Article 36. The owner of copyright of the owner of copyright is the Organization, individuals holding one, some or all of the property rights provisions in article 20 of this law.
Article 37. The copyright owner is the author the author used the time, financial, material-technical base to create files containing the personal rights provisions of article 19 and the property rights provisions in article 20 of this law.
Article 38. The copyright owner is the co-author 1. The author uses the time, financial, material-technical basis for jointly creating works that share the rights stipulated in article 19 and article 20 of this law for the work.
2. The same author created the work prescribed in clause 1 of this article, if there is a separate section can be separated using independence without prejudice to sections of the other co-authors shall have the rights provided for in article 19 and article 20 of this law for separate parts.
Article 39. The copyright owner is the Organization, individuals assigned to the author or contracts with authors 1. The organisation tasked with the creation of works for the author is the person in their organization is the owner of the rights specified in article 20 and paragraph 3 article 19 of this law, unless otherwise agreed.
2. organizations, individual contracts with authors created works is the owner of the rights specified in article 20 and paragraph 3 article 19 of this law, unless otherwise agreed.
Article 40. The copyright owner is the successor organization, the individuals inherited rights under the provisions of the law of inheritance is the owner of the rights specified in article 20 and paragraph 3 article 19 of this law.
Article 41. The copyright owner is the person who transferred the rights organizations, individuals are transferred one, some or all of the rights specified in article 20 and paragraph 3 article 19 of this law as agreed in the contract is the owner of copyright.
Article 42. The copyright owner is the State 1. The State is the owner of copyright in respect of the following works: a) the work anonymously;
b) works also in term of protection that copyright owner dies without an heir, the heir refused to accept the legacy or not be entitled to the legacy;

c) work is the copyright owner to transfer ownership to the State.
2. The Government specifies the use of the State-owned works.
43 things. The work belongs to the public 1. The work ended the term of protection as stipulated in article 27 of this law shall belong to the public.
2. Every organization or individual has the right to use the work prescribed in clause 1 of this article but have to respect the personal rights of the author provided for in article 19 of this law.
3. The Government specifies the use of the works belong to the public.
Article 44. The owners of related rights 1. The Organization, individuals use financial investment, time and material-technical base to make the performer is the owner for the performance thereof, unless otherwise agreed with the parties concerned.
2. organizations and individuals use financial investment, time and material-technical base for the production of sound recordings, video recordings is the owner for the recordings, taping it, unless agreed otherwise with the relevant parties.
3. The organisation of broadcasting was the owner for his broadcasts, unless agreed otherwise with the relevant parties.
Chapter IV TRANSFER of COPYRIGHT and related rights 1 ASSIGNMENT of COPYRIGHT and related rights Article 45. General provisions on transfer of copyright and related rights 1. Assignment of copyright and related rights is the owner of the copyright and related rights owner to transfer ownership to the rights stipulated in paragraph 3 article 19, article 20, paragraph 3 to article 29, article 30 and article 31 of this law for the Organization, the other individual under contract or under the provisions of the relevant laws.
2. The author may not assign the rights of identity defined in article 19, except for the right to publish the work; the performers may not assign the rights of identity defined in Article 29 of this law, item 2.
3. In the case of works, performances, sound recordings, video recordings, broadcasts have co-owner then the transfer must have the agreement of all the owners; in the event of a co-owner but works, performances, sound recordings, video recordings, broadcasts have the separate parts can be separated using independent owners of copyright and related rights owner has the right to the transfer of copyright and related rights for the separate parts of the Organization other individuals.
Article 46. Transfer of copyright and related rights 1. Transfer of copyright and related rights must be made in writing includes the following principal contents: a) the full name and address of the assignee and the assignee;
b transfer base);
c) price, method of payment;
d) rights and obligations of the parties;
DD) liability due to breach of contract.
2. The implementation, modification, termination, rescission of the contract of assignment of copyright and related rights to be applied under the provisions of the civil code.
Section 2 TRANSFERS the RIGHT to USE COPYRIGHTS, RELATED RIGHTS Article 47. General provisions on transfer of rights of use of copyright and related rights 1. Transfer of right to use copyrights, related rights are the owners of copyright and related rights owners allows organizations and individuals to use the term one, some or all of the rights specified in paragraph 3 article 19, article 20, paragraph 3 to article 29, article 30 and article 31 of this law.
2. The author is not transferred the right to use the personal rights stipulated in article 19, except for the right to publish the work; the performers are not transferred the right to use the personal rights specified in paragraph 2 to article 29 of this law.
3. In the case of works, performances, sound recordings, video recordings, broadcasts, the owner has transferred the right to use copyrights, related rights must have the agreement of all the owners; in the event of a co-owner but works, performances, sound recordings, video recordings, broadcasts have the separate parts can be separated using independent owners of copyright and related rights owners can transfer the right to use copyrights, related rights with respect to the separate section for the Organization other individuals.
4. The organization, individuals are turning right to use copyrights, related rights may transfer the right of use for the Organization, other individuals if the consent of the copyright owner, the owner of the rights concerned.
Article 48. The contract of use of copyright and related rights 1. The contract of use of copyright and related rights must be made in writing includes the following principal contents: a) the full name and address of the right side and right side is right;
b the transfer of base);
c) scope of devolution;
d) price, method of payment;
DD) rights and obligations of the parties;
e) liability due to breach of contract.
2. The implementation, modification, termination, rescission of the contract of use of copyright and related rights to be applied under the provisions of the civil code.
Chapter V REGISTRATION of COPYRIGHT and related rights Article 49. Register of copyright and related rights 1. Register of copyright and related rights is the author, the copyright owner, the owner of the rights concerned applicant and accompanying profile (hereinafter referred to as the application) to the competent State agencies to record information about the author, the work, the copyright owner , the owner of the rights concerned.
2. The applicant to be granted a certificate of copyright registration, certificates of registration of related rights is not a compulsory procedure to enjoy copyright and related rights under the provisions of this law.
3. organizations and individuals who have been issued a certificate of registration of copyright, a certificate of registration of related rights does not have the burden of proof of copyright and related rights belong to themselves when there are disputes, unless there is evidence to the contrary.
Article 50. The application of copyright and related rights 1. The author, the copyright owner, the owner of the rights concerned may direct or authorize organizations and individuals apply to register copyrights, related rights.
2. The application of copyright and related rights including: a) a register of copyright and related rights.
The Declaration must be made by Vietnamese and by the author, the copyright owner, the owner of the rights concerned or the person authorized to sign the application and write the full information about the applicant, the author, the owners of copyright or related rights owners; Summary of the content of the work, the performer, sound recordings, video recordings or broadcasts; the name of the author, the work is used as a derivative work if the registration work is derivative work; time, place, form of publication; guarantee liability for the information given in the application.
Ministry of culture-information the registration declaration form rules of copyright, related rights registration;
b) two copies of the work or copyright registration two copies a shape object of registration of related rights;
c) Attorney, if the applicant is the person authorized;
d) documents proving the right applicant, if the applicant beneficiary rights of others due to be inherited, transferred, inherited;
DD) the text agreed by the author, if the author can work;
e) text agreed by the Council, if the owners of copyright and related rights are owned collectively.
3. documents specified in points c, d, e and e account 2 this must be done by Vietnamese; the case made in a foreign language must be translated into Vietnamese.

Article 51. The certification authority of copyright registration, the registration certificate and related rights 1. The State Agency on copyright and related rights have the right to grant a certificate of copyright registration, certificates of registration of related rights.
2. the competent State agency certification posted k Italy copyright certificate posted k Italy related rights have the right to sublicense, change, cancel the certificate.
3. The Government specifies the conditions, procedures, sequences, change, cancel the certificate of registered Italy copyright certificate posted k Italy related rights.
4. The Ministry of culture and information, the model regulations a certificate of copyright registration, certificates of registration of related rights.
Article 52. The term certificate of copyright registration, the registration certificate related rights within fifteen working days from the date of receipt of a valid petition, the State Agency on copyright and related rights is responsible for granting a certificate of copyright registration, the registration certificate and related rights for the applicant. In case of refusal of registration certificate of copyright registration certificate, the relevant authority, the State Agency on copyright and related rights must be notified in writing to the applicant.
Article 53. Valid certificate of copyright registration, the registration certificate and related rights 1. Certificate of copyright registration, the registration certificate and related rights in force throughout the territory of Vietnam.
2. Certificate of copyright registration, certificates of registration of related rights by the State Agency on copyright and related rights granted before this law take effect continue to be maintained in force.
Article 54. Registration and disclosure registration of copyright and related rights 1. Certificate of registration of copyright, a certificate of registration of related rights are recorded in the national register of copyright and related rights.
2. The decision to grant, grant, or revoke the registration certificate validity of copyright, registration certificates and related rights was published in the Gazette on copyright and related rights.
Article 55. Again, change, cancel the validity of registration certificate of copyright registration certificates, and related rights 1. In the case of a certificate of copyright registration, certificates of registration of related rights is lost, damaged, or changed the copyright owner, the owner of the rights concerned, the competent agency specified in clause 2 of this Law conducted 51 Thing again or change the certificate of registration of copyright , The certificate of registration of related rights.
2. In the case of the person who was issued a certificate of registration of copyright, a certificate of registration of related rights is not the author, the copyright owner, the owner of the rights concerned or works, sound recordings, video recordings, broadcasts were not subject to registration of protection, the competent State Agency specified in clause 2 Article 51 of this law to cancel put in force a certificate of copyright registration, certificates of registration of related rights.
3. Organization, discovered the personal certificate of copyright registration, the registration certificate and related rights contrary to the provisions of this law shall have the right to ask the State Agency on copyright and related rights to cancel the effect of registration certificate of copyright , The certificate of registration of related rights.
Chapter VI ORGANIZATION REPRESENTATIVES, consultants, service of COPYRIGHT and related rights Article 56. Representative organizations of copyright and related rights 1. Representative organizations of copyright and related rights is a non-profit organization led by the author, the copyright owner, the owner's rights in relation to the agreement established, operating under the provisions of the law to protect the rights of authors and related rights.
2. representative organizations of copyright and related rights made the following activities under the authorization of the author, the copyright owner, the owner of the rights concerned: a) make the management of copyright and related rights; negotiating licensing, currency and split the royalties, remuneration, other material benefits from enabling the exploitation right is authorized;
b) protect the rights, legitimate interests of members; mediation organization when there are disputes.
3. representative organizations of copyright and related rights have the following rights and duties: a) perform the activities that encourage creativity and other social activities;
b) in cooperation with the respective institutions of international organizations and of States in the protection of copyright and related rights;
c) report periodically and collective representation activities to the competent State agencies;
d) the rights and duties prescribed by the law.
Article 57. Consulting, service organizations of copyright and related rights 1. Consulting services, copyrights and related rights are established and operate in accordance with the law.
2. Advisory services, organization of copyright and related rights made the following activities at the request of the author, the copyright owner, the owner of the rights concerned: a) the issues related to provisions of the law on copyright and related rights;
b) representing the author, the copyright owner, the owner of the relevant rights to conduct application register of copyright and related rights under the authorization;
c) joined the other legal relations on copyright and related rights, protection of the rights and legitimate interests of the author, the copyright owner, the owner of the relevant rights under the authorization.
PART THREE ENTITLED INDUSTRIAL PROPERTY Chapter VII CONDITIONS of PROTECTION of the INDUSTRIAL PROPERTY RIGHTS section 1 CONDITIONS for PATENT PROTECTION Article 58. General conditions for patent protection 1. Patent-protected form of patentability inventions if it meets the following conditions: a) novelty;
b) creative level;
c) are capable of industrial application.
2. Patent-protected form of patentability useful solution if not the common understanding and meet the following conditions: a) novelty;
b) capable of industrial application.
Article 59. The object is not protected with the nomenclature the following objects patent protection with a nominal inventions: 1. Discoveries, scientific theories, mathematical methods;
2. Diagrams, plans, rules and methods for performing mental activity, pet training, make games, business; computer program;
3. How might present information;
4. the only solution to bring aesthetic characteristics;
5. Plant Varieties, animal breeds;
6. plant production processes, mainly animals carry a biological substance that is not a microbiological process;
7. Methods of prevention, diagnosis and cure for humans and animals.
Article 60. The novelty of the invention 1. An invention is considered new if it has not been revealed publicly in the form of use, described in writing or any other form in the country or abroad prior to the date of filing the patent registration or before the priority date of the patent application cases are entitled to a right of priority.
2. An invention is considered to have not been revealed publicly if there are only a limited number of people who are known and are obliged to keep secret about that patent.
3. Patent not be considered lost if novelty was announced in the following case on the condition that the patent application was filed within the time limit of six months from the date of publication: a) patent published by others but not allowed by registry shall have the right specified in article 86 of this law;

b) patent was registered shall have the right specified in article 86 of this law is published in the form of scientific reports;
c) patent was registered shall have the right specified in article 86 of this law on display at the exhibition Vietnam's national or international exhibitions at official or officially recognized.
Article 61. Creative level of invention patent is deemed qualified if creation based on the technical solution was revealed publicly in the form of use, described in writing or in any other form in the country or abroad prior to the date of filing or priority date of the patent application in the patent application cases enjoy the right of priority, that invention is a creative step, can not be created an easy way for people with average knowledge of the technical field.
Article 62. The possibility of industrial application of an invention patent is considered to be capable of industrial application if it can be done, making mass production of products or application process is repeated the content of the patent and stable results.
Section 2 CONDITIONS of PROTECTION for INDUSTRIAL DESIGNS Article 63. General conditions for the protection of industrial designs industrial designs are protected if it meets the following conditions: 1. There is novelty;
2. Have creativity;
3. Be capable of industrial application.
Article 64. The object is not protected with the name of the industrial design The following object with nominal protection of industrial design: 1. The external appearance of the product due to the technical characteristics of the product required;
2. The external appearance of buildings or the construction industry;
3. The shape of the product are not visible in the process of using the product.
Article 65. The novelty of the industrial design 1. Industrial designs are considered to be new if industrial designs that differ greatly with those industrial designs were revealed publicly in the form of use, described in writing or any other form in the country or abroad prior to the date of filing or the priority date if the industrial model application to enjoy the right of priority.
2. Two industrial designs are not considered significantly different with each other if the only difference in the characteristics and shaping are not easy to recognize, remember and cannot be used to distinguish two master of industrial design.
3. Industrial designs are considered as not yet being revealed publicly if there are only a limited number of people who are known and are obliged to keep secret about industrial design.
4. Industrial designs are not considered lost if novelty was announced in the following cases provided industrial design application was filed within the time limit of six months from the date of publication: a) industrial designs published by others but not allowed by registry shall have the right specified in article 86 of this law;
b) an industrial design is registered shall have the right specified in article 86 of this law is published in the form of scientific reports;
c) an industrial design is registered shall have the right specified in article 86 of this law on display at the exhibition Vietnam's national or international exhibitions at official or officially recognized.
Article 66. Innovation of industrial designs industrial designs are considered innovative if pursuant to the industrial design was revealed publicly in the form of use, described in writing or any other form in the country or abroad prior to the date of filing or priority date of the industrial design application in case of application enjoy priority rights, industrial designs that cannot be created an easy way for people with average knowledge of the respective fields.
Article 67. The possibility of industrial application of industrial designs industrial designs are considered to be capable of industrial application if it can be used as a template to produce a range of products has the external appearance is an industrial design by the industrial method or craft.
Category 3 CONDITIONS of PROTECTION for LAYOUT DESIGN Article 68. General conditions for the protected layout design, layout design protection if it meets the following conditions: 1. Be original;
2. new commercial properties.
Article 69. The object is not protected with the name of the layout design of the following objects are not protected with nominal layout design: 1. Principles, process, system, method of made by semiconductor integrated circuits;
2. The information contained in the software, semiconductor integrated circuits.
Article 70. The original properties of the layout design 1. Layout design is considered to be the original if it meets the following conditions: a) Is the result of creative labor of the author;
b) has not been the creators of layout designs and manufactures semiconductor integrated circuits widely known at the time of creation of the design layout.
2. Layout design is a combination of elements, the only common link is considered to be the original if the entire combination that has the original attribute as defined in paragraph 1 of this article.
Article 71. The novelty of the design layout 1. Layout design is considered to be commercial if has not been exploited commercially anywhere in the world before the date of application for registration.
2. Design the layout are not considered lost if commercial novelty design layout application is filed within two years from the date of that layout design has been registered shall have the right specified in article 86 of this law or the person who it allows to exploit for commercial purposes for the first time in any place around the world.
3. Exploitation of the layout design to commercial purposes prescribed in clause 2 of this behavior is distributed openly commercial purposes for semiconductor integrated circuits are manufactured according to the design or layout of goods containing semiconductor integrated circuits.
Section 4 ELIGIBILITY for PROTECTION for a TRADEMARK Article 72. General conditions for trademarks are protected trademarks are protected if it meets the following conditions: 1. Sign is visible in the form of letters, words, drawings, pictures, including three-dimensional shape or a combination of factors which, represented by one or more colors;
2. Capable of distinguishing the goods or services of the owner of the mark with the goods or services of other entities.
Article 73. No signs are protected with trademark garb of the following signs is not protected with the name brand: 1. A sign identical or similar to the point of confusion with the flag, the national emblem of the country;
2. A sign identical or similar to the point of confusion with symbols, flags, insignia, the initials, the full name of State agencies, political organizations, social-political organizations, social-political organizations, social organizations, civil society organizations-occupation of Vietnam and international organizations If not, the Agency held that allows;
3. A sign identical or similar to the point of confusion with real name, nickname, pseudonym, the image of the leader, a national hero, celebrity of Vietnam, of foreign countries;
4. A sign identical or similar to the point of confusion with certificates, check marks, marked the international organization's warranty that the organization that require not used, unless this organization main sign that marks the certification marks;

5. Signs misrepresent, misleading or deceptive nature of consumers about the origin, the features, uses, quality, value or other characteristics of goods or services.
Article 74. The ability to differentiate of the mark 1. The mark is considered to have the ability to discern if formed from one or some recognizable elements, easy to remember or from multiple elements combine into a recognizable master, easy to remember and not in the case prescribed in clause 2 of this Thing.
2. The mark is not able to distinguish if it is in one of the following cases: a) and simple geometric Shapes, numbers, letters, words in the language, except where the mark has been used and widely acknowledged with a nominal;
b) signs, symbols, drawings or common designation of goods or services by any language would have been used widely, often, many people know;
c) indication of time, place, method, type, quantity, quality, composition, properties, uses, values or other properties with description of goods or services, except in the case of signs that gained the ability to distinguish through the process used prior to the time of filing for trademark registration;
d) signs describe the legal form, the business of business entities;
PREC) marks the geographic origins of the goods or services, except in the case of signs that have been used and widely acknowledged with a nominal or registered as collective marks or certification marks provided for in this law;
e) mark is not a trademark identical or similar link to the point of confusion with the mark has been registered for goods or services identical or similar on the basis of the application with the date of filing or priority date earlier than in the case of the application are entitled to priority , including the trademark application was filed under the international treaties to which the Socialist Republic of Vietnam is a Member;
g) a sign identical or similar to the point of confusion with another's mark has been used and widely acknowledged for goods or services identical or similar from the front of the filing date or the priority date in case of single was entitled to priority;
h) a sign identical or similar to the point of confusion with other people's trademarks were registered for goods or services identical or similar to the trademark registration that has been terminated effective yet too five years, except in cases of force be terminated because a trademark is not used according to the provisions of Article 95 paragraph 1 d of this law;
I) a sign identical or similar to the point of confusion with the mark to be considered someone else's famous sign for goods or services identical or similar to the goods or services bearing the famous brand or registered for goods or services are not similar, if use of a sign which may affect the ability to distinguish of famous brands or the posted trademark in order to take advantage of the reputation of the famous mark;
k) a sign identical or similar to the trade name are used by someone else, if the use of signs that can be confusing for the consumer about the origin of goods and services;
l) a sign identical or similar to geographical indications are protected if the use of signs that can make consumers understand the discrepancies about the origin of the goods;
m) signs coincide with geographical indications or containing geographical indication or be translated, transcribed from the geographical indications are protected for wines, spirits, if the mark was registered for use for wine, spirits not originating from the geographical area bearing the geographical indication;
n) signs coincide or not significantly different with other people's industrial designs are protected on the basis of industrial design application filing date or priority date earlier than the filing date, the priority date of the trademark application.
Article 75. Evaluation criteria the famous marks The following criteria are considered when assessing a mark is famous: 1. The number of consumers concerned have known brand through the sales, use, goods, or services through advertising;
2. The scope of the territory in which the goods or services bearing the mark has been in circulation;
3. Revenue from the sale of goods or the supply of services or the amount of goods sold, services were provided;
4. Duration of continuous use of the trademark;
5. the widespread reputation of the goods or services bearing the mark;
6. The number of countries for protection of trademarks;
7. The number of recognized national brand is well-known;
8. Transfer Price, the price of transferring the right of use, the value of capital contributions.
Section 5 CONDITIONS of PROTECTION for TRADE NAMES to article 76. General conditions for trade names are protected trade names are protected if there is the possibility to differentiate the subject of that trade name business with other business entities in the same areas and business areas.
Article 77. No objects are protected trade name of name of State agencies, political organizations, social-political organizations, social-political organizations, social organizations, civil society organizations-career or other subjects not related to business activities cannot be protected trade name.
Article 78. The ability of trade names trade names are considered likely to distinguish if it meets the following conditions: 1. Contain the ingredient name, except in the case that was widely known because of use;
2. Not identical or similar to the point of confusion with trade names that other people have used before in the same areas and business areas;
3. Not identical or similar to the point of confusion with another's trademark or geographical indication was protected before the commercial name that is used.
Item 6 CONDITIONS of PROTECTION for GEOGRAPHICAL INDICATIONS Article 79. General conditions for geographical indications protected geographical indication be protected if it meets the following conditions: 1. The product bearing the geographical indication geographical origin from local, regional, territorial or water corresponds to the geographical indication;
2. products bearing the geographical indication has the reputation, the quality or characteristics mainly due to the geographical conditions of the regional, local, or water territories correspond to the geographical indication that decision.
Article 80. The object is not protected with the name geographical indication following objects not protected with nominal geographic indications: 1. The name, has become the generic name of the goods in Vietnam;
2. the geographical indications of the foreign country in which the geographical indication cannot be protected, has been terminated for protection or are no longer used;
3. Geographical indication identical or similar to a trademark are protected, if the use of the geographical indication that is done, it will cause confusion about the source of the product;
4. geographical indications be misleading consumers about the geographic origin of the product bearing the geographical indication.
Article 81. Reputation, quality, characteristics of the products bearing the geographical indications 1. The reputation of the product bearing the geographical indication is determined by the level of confidence of consumers for products that through extensive consumer level and choose that product.

2. The quality, characteristics of the products bearing the geographical indication is determined by one or a number of qualitative indicators, qualitative or sensory about physics, chemistry, microbiology and the norms that must be able to be checked by means of technical or specialist with the appropriate test method.
Article 82. Geographical conditions regarding geographical indications 1. The geographical conditions in relation to geographical indications was the natural factors, human factors in deciding the reputation, quality, characteristic of the product bearing the geographical indication.
2. Natural elements include elements of climate, hydrology, geology, landforms, ecosystems and other natural conditions.
3. human factors include skills, techniques of production, production process of local tradition.
Article 83. Geographical area bearing the geographical indication geographical area bearing the geographical indication has boundaries be determined exactly by words and a map.
Section 7 PROTECTION CONDITIONS for BUSINESS SECRETS Article 84. General conditions for trade secrets are protected trade secrets are protected if it meets the following conditions: 1. Not understanding and not easy to get;
2. When used in the business will create for the holder of the business secrets of advantages compared with people not holding or not to use the business secrets;
3. Is the owner security measures necessary to business secrets being revealed and not easily accessible.
Article 85. The object is not protected with nominal business secrets The following confidential information protection with nominal business secrets: 1. Secrets about themselves;
2. The secret of governance;
3. The secret of the defense and security;
4. other confidential information not related to business.
Chapter VIII ESTABLISH INDUSTRIAL PROPERTY RIGHTS for inventions, INDUSTRIAL DESIGNS, LAYOUT DESIGN, trademarks, GEOGRAPHICAL INDICATIONS Section 1 registration of INVENTIONS, INDUSTRIAL DESIGNS, LAYOUT DESIGN, trademarks, GEOGRAPHICAL INDICATIONS Article 86. The right to the patent register, industrial designs, layout design 1. The Organization, the following individuals have the right to register patents, industrial designs, layout designs: a) the author create inventions, industrial designs, layout design by effort and costs;
b) Organization, individual investment funds, the physical means for the author in the form of assigning, renting, unless the parties have agreed otherwise and that agreement is not contrary to the provisions in paragraph 2 of this Article.
2. Government regulation of registration rights with respect to patents, industrial designs, layout designs are created by the use of material-technical base, funding from the State budget.
3. in case of many organizations and individuals together to create or invest to create inventions, industrial designs, layout design, the Organization, that individual has the right to register and the registration authority that only be done if all the organizations and individuals that agree. 4. People have the right to register the provisions of article has the right to transfer the right to sign for the Organization and individuals in the form of a contract in writing, to bequeath or inherit according to the provisions of the law, including cases that have applied for registration.
Article 87. Trademark registration rights 1. The Organization, individuals have the right to register the mark for the goods produced or services provided.
2. organizations and individuals to conduct legitimate commercial activity has the right to register a trademark for your product to market but by others to produce the condition that the manufacturer does not use the trademark for the product and does not oppose the registration thereof.
3. collective organization founded to legally have the right to register collective marks to its members use according to the regulations of use of the collective mark; as for the geographical indication of origin of goods, services, the Organization has the right to sign the collective organization is organization, personal expedite production, local business.
4. The organization has a control function, quality, characteristics, origin or other criteria related to the goods, the service has the right to a trademark registration certificate with conditions do not proceed to production, sales of goods and services.
5. Two or more organizations, individuals have the same rights to register a mark to became co-owner with the following conditions: a) the use of the mark must be in the name of all the co-owner or use for goods and services that all the owners are involved in the production process , business;
b) the use of that Trademark is not misleading for consumers about the origin of goods or services.
6. Who has the right to register specified in the paragraph 1, 2, 3, 4 and 5 of this article, including the person who has filed an application to register has the right to transfer the right to sign for the Organization and individuals in the form of a contract in writing, to bequeath or inherit according to the provisions of the law on condition that the Organization individuals are transferred must meet the conditions for the people who have the right to sign respectively.
7. With respect to trademarks are protected in a country is a member of the international treaties have regulated the representative or agent of the owner of the trademark registration of the mark to which the Socialist Republic of Vietnam is a Member representative or agent shall not be permitted to register a trademark without the consent of the trademark owner unless there is good reason.
Article 88. The right to register the geographical indication registered geographical indications Rights of Vietnam belonged to the State.
The State allows the Organization, individuals produce products bearing the geographical indications, collective organization represents the Organization, that individual or the governing body of the local government where the geographical indication registration rights to geographical indications. Who made the right to register the geographical indication does not become the owner of the geographical indication.
Article 89. How to apply established industrial property rights 1. The Organization, personal Vietnam, foreign individuals residing in Vietnam, foreign individuals, organizations have the production facilities, business in Vietnam to apply established industrial ownership directly or through legal representatives in Vietnam.
2. Foreign individuals not resident in Vietnam, organizations, foreign individuals do not have manufacturing facilities, business in Vietnam to apply established industrial property rights through legal representative in Vietnam.
Article 90. The first applicant principle 1. In the case of many of many different people register the same invention or industrial design registration is identical or not significantly different with each or registered trademarks identical or similar to the point of confusion with each other for the products, the services are the same or similar to each other, the degree of protection can only be given for valid application has on the priority or filing date of the earliest application meets the conditions to be granted a degree of protection.
2. in the case of many of the same application that meets the conditions to be granted a degree of protection and have the priority date or the earliest filing date, the degree of protection could only be granted for a single one of these that according to the agreement of all of the applicant; If no agreement is then all are denied the protection degree level.
Article 91. Priority 1 guidelines. The applicant registered patents, industrial designs, trademarks, have the right to the enjoyment of the right of priority on the basis of the first registered the same object if it meets the following conditions:

the first Single a) has been filed in Vietnam or in the country as members of the international treaties containing provisions on the right of priority which the Socialist Republic of Vietnam is a member, or have agreed to apply such provisions with Vietnam;
b) applicants are citizens, citizens of other countries as Vietnam defined in point a of this clause to reside or have a business, manufacturing facility in Vietnam or other countries specified in point a of this paragraph;
c) in the application are clearly required to enjoy the right of priority and has filed the first petition copies certified by the Agency got the first single;
d) is filed within the time limit defined in the international treaties to which the Socialist Republic of Vietnam is a member.
2. in a patent application, an industrial design or a trademark, the applicant has the right to the enjoyment of the right of priority on the basis of many different application was filed earlier than the condition must specify the corresponding content between the filing of the earlier application with content in the application.
3. The application of industrial property right of priority has the priority date is the date of filing of the first application.
Article 92. The degree of protection 1. The degree of protection recorded patent owners, industrial designs, trademarks, layout design (hereinafter referred to as the degree of protection); author of inventions, industrial designs, layout design; the object, scope and term of protection.
2. Degree of protection to geographical indications recognized governing geographical indications, organizations, individuals have the right to use geographical indications, geographical indications are protected, specific properties of the product bearing the geographical indication, the particular nature of the geographical conditions and geographical area bearing the geographical indication.
3. Degree of protection include the patent patent patent utility solutions, With exclusive rights to industrial designs, certificates of registration of integrated circuit topographies, trademark registration certificate and certificate of the registered geographical indication.
Article 93. Effect of degree of protection 1. The degree of protection in force throughout the territory of Vietnam.
2. by patent with effect from the date of issue and extends to the end of twenty years from the filing date.
3. exclusive solution With effect from the date of issue and extends to the end of the ten years from the filing date.
4. industrial design patent with effect from the date of issue and extends to the end of five years from the date of filing, that can be extended twice, each time in the year.
5. The certificate of registration of integrated circuit topographies semiconductors effective from July and terminate on the earliest of the following days: a) the end of ten years from the date of filing;
b) ended ten years from the date the layout design was registered or who have the right to be the person to allow the first commercial exploitation anywhere in the world;
c) ended the fifteen years from the date of creation of the design layout.
6. The certificate of trademark registration in force from the date of issue to the end of the ten years from the date of application, can extend many times in a row, each ten years.
7. The certificate of registration of the geographical indication is in effect indefinitely since level.
Article 94. Maintain, renew the validity degree of protection 1. To maintain in force By patent, patent of useful solutions, protection degree holders must pay annuity.
2. To extend validity By exclusive industrial design, trademark registration certificate, degree of protection fees to extend the effect.
3. The level of fees and the procedures to maintain, renew the validity the degree of protection specified by the Government.
Article 95. Termination of effect degree of protection 1. The degree of protection was in force in the following cases: a) Home protection degree not pay annuity or renewed according to the provisions in force;
b) protection degree Holder claims industrial property rights;
c) protection degree Holders no longer exists or the certificate of trademark registration is no longer doing business without legal successor;
d) brand is not the owner or the person who is the owner for permission to use within a period of five consecutive years before the date of the request to terminate the effect without justifiable reasons, unless the use is started or start again before at least three months until the requested termination of validity;
DD) Server certificate of trademark registration for the collective mark does not control or non-control effectively the implementation of the regulation on the use of collective marks;
e) Server certificate of trademark registration for the certification trademark violation of the statutes use the certification marks or no control, could not effectively control the implementation of the regulation on use of certification trademarks;
g) geographical conditions make up the reputation, quality, characteristic of the product bearing the geographical indication was changed to lose the reputation, quality, characteristic of that product.
2. In the case of patent protection degree holders do not pay annuity within the prescribed time limit, the end of that time limit, the effect of automatic qualification ended since the start in the first effect that fees for annuity cannot be filed. The State Agency on industrial property rights recorded in the termination effective protection degree on the national registry of industrial property and published on the Official Gazette of industrial property.
3. In the case of master degree of protection claims industrial property rights specified in point b of paragraph 1 of this article, the State Agency on industrial property rights decision of terminating the validity degree of protection from the date of the statement of qualifications.
4. organizations and individuals have the right to ask the State Agency on industrial property rights terminate effective protection degree for the cases stipulated in points c, d, e, f and g of paragraph 1 of this article with the condition to pay the fees and charges.
The resulting base considering the petition to terminate validity the degree of protection and the opinions of the parties concerned, the State Agency on industrial property rights decision of terminating the validity degree of protection or denial notice of termination effective degree of protection.
5. The provisions of paragraphs 1, 3 and 4 of this Article are also applicable to the termination of the validity of the international registration in respect of trademarks.
Article 96. Cancel the validity of diplomas of protection 1. The degree of protection was cancelled the entire force in the following cases: a) registered applicants have no right to registration and is non-transferable subscription rights for inventions, industrial designs, trademarks, layout design;
b) of objects of industrial property does not meet the conditions for protection at the time of granting the degree of protection.
2. Degree of protection be cancelled partly in force in case that part does not meet the conditions for protection.
3. organizations and individuals have the right to ask the State Agency on industrial property rights of cancellation effect the degree of protection in the case prescribed in clause 1 and clause 2 of this condition to pay the fees and charges.
Time make the right to request cancellation of the effect the degree of protection is the protection period; against the mark, the time is five years from the date of issuing of protection, unless the degree of protection granted by the dishonesty of the applicant.

4. The base results considering the petition to cancel the effect the degree of protection and the opinions of the parties concerned, the State Agency on industrial property rights decided to cancel a portion or the entire force protection degree or refused to cancel the effect the degree of protection.
5. The provisions of paragraphs 1, 2, 3 and 4 of this Article also apply to the cancellation of the international registration in force in respect of trademarks.
Article 97. Modify the degree of protection 1. Protection degree holders have the right to ask the State Agency on industrial property rights modify the following information on the degree of protection provided to submit fees: a) change, fix the flaws related to the author's name and address, the degree of protection;
b) modify the description of the nature, quality, characteristics, geographical area bearing the geographical indication; modify the regulations use the collective mark, the regulations of use of the certification marks.
2. At the request of the owners of the degree of protection, the State Agency on industrial property rights have a responsibility to fix the deficiencies in the degree of protection that Agency's fault. In this case, the degree of protection is not filed charges and fees.
3. the protection degree Holders have the right to ask the State Agency on industrial property rights to narrow the scope of industrial property rights; in this case, the application of industrial property must be appraised of the content and the person required to submit content appraisal fee.
Article 98. National registry of industrial property 1. National registry of industrial property is the document noted the establishment, change and transfer of industrial property rights for inventions, industrial designs, layout designs, trademarks and geographical indications according to the provisions of this law.
2. The decision to grant the degree of protection, the content of the degree of protection, the decision to modify, terminate, cancel the effect the degree of protection, the decision to sign the contract transferring the industrial property rights are recorded in the registry of industrial property.
3. national registry of industrial property by the State Agency on industrial property rights created and stored.
Article 99. Publication of the decision concerning the degree of protection the decision, terminate, remove, modify the degree of protection of the industrial property right is the State Agency on industrial property rights published on the Official Gazette of industrial property within a period of sixty days from the date of the decision.
Section 2 APPLICATION of INDUSTRIAL PROPERTY Article 100. General requirements for the registration of industrial property 1. Industrial property application includes the following documents: a) declarations registered in the prescribed form;
b) documentation, samples, information demonstrating the industrial property objects registered for protection specified in articles 102 to 106 of the Articles from this law;
c) Attorney, if the application filed through a representative;
d) documents proving the right to registration, if the applicant beneficiary rights of others;
DD) documents proving the priority right, if required to enjoy the right of priority;
e) certificate from the filing fees.
2. industrial property application and paperwork transactions between the applicant and the State Agency on industrial property rights must be made by Vietnamese, except for the following documents may be made in another language but must be translated into Vietnamese when the State Agency on industrial property rights required : a) the authoritative Paper;
b) documents proving the right to registration;
c) documents proving the priority right;
d) other documents to support the application.
3. Documents proving the priority right with respect to the application of industrial property include: a single or single copy) was first certified by the Agency got the first single;
b) if priority assignment of rights which are beneficiary from others.
Article 101. Asked about the consistency of the application industrial property 1. Each industrial property registration form is only a request for an object of industrial property only, except in cases specified in paragraphs 2, 3 and 4 of this Article.
2. Each application can request a patent or a patent of useful solutions to a group of inventions which are closely related to technically implement a single shared creative intentions.
3. Each application can request a patent of industrial design for several industrial designs in the following cases: a) The design of a suite of products includes many products that demonstrate innovative ideas together, used together, or to implement a general purpose;
b) An industrial design accompanied by one or more methods are variations of industrial designs which, according to creative ideas together, no significant difference with industrial designs.
4. Each application can request the certificate of trademark registration for a mark for one or more goods and various services.
Article 102. Requirements for patent application 1. The document defines the patent need for protection in the patent application includes a description of the invention and patent summary. A description of the invention includes a description of the invention and patent protection scope.
2. A description of the invention must satisfy the following conditions: a) reveal the full and clear the nature of the invention to the extent based on which people have an average understanding of the field of the corresponding techniques that can be done to that invention;
b) brief explanation accompanied by drawings, if needed clarification of the nature of the invention;
c) clarify the novelty, inventive level and industrial applicability of the invention.
3. The scope of patent protection must be expressed as a set of necessary and sufficient technical markers to determine the scope of the patent rights and must match the description of the invention and drawings.
4. A summary of the invention must reveal the contents are mainly about the nature of the invention.
Article 103. Requirements for registration of industrial designs 1. The document identified industrial designs protection is needed in the application to register an industrial design consists of a description of the industrial designs and the photographs, drawings and industrial designs. A description of the industrial design consists of a description of the industrial designs and the scope of protection of industrial designs.
2. A description of the industrial designs must meet the following conditions: a) fully revealed all the characteristics and shaping embodied the essence of industrial design and specify the characteristics created new designs, different industrial designs less difference for know, match the photographs or drawings;
b) where industrial design application multiple option description must show full of options and specify the differences between the basic variant with the rest;
c) where the industrial designs indicated in the registration form is the styling of the product, then the description must show full styling of each product in the product.
3. The scope of protection of industrial designs must specify the characteristics and shaping should be protected, including the new characteristics, distinct from the similar industrial designs already know.
4. The photo taking, the drawing must show the full range of characteristics and shaping of the industrial design.
Article 104. Requirements for design layout application documentation, samples, information identifying the design layout need for protection in the design layout application consists of: 1. A drawing, photographic layout design;
2. Information about the function, the texture of the semiconductor integrated circuits layout design production;

3. Samples of semiconductor integrated circuits produced according to layout design, if the design layout has been exploited commercially.
Article 105. Requirements for registration of marks 1. Documentation, samples, information, determine the need of protection of a trademark registration application includes: a label Template and category) goods or services bearing the mark;
b) Regulation uses the collective mark, the regulations of use of the certification marks.
2. The form of the trademark must be described to clarify the elements of trademarks and the overall meaning of the mark if there are; If the label is from a language in the language, then from the language, which must be transcribed; trademarks are words, terminology in foreign languages must be translated into Vietnamese.
3. The goods and services mentioned in the application for trademark registration shall be placed in the Group fit the classification according to the Convention-fiber international classification of goods and services for the purposes of trademark registration, due to the State Agency on industrial property rights.
4. the regulations of the collective mark uses includes the following principal contents: a) the name, address, established bases and activities of collective organization is the owner of the mark;
b) the criteria to become a member of the collective organization;
c) list of organizations or individuals are allowed to use the trademark;
d) The conditions of use of the trademark;
DD) measures handling violations of the regulations of use of the trademark.
5. Regulation of the use of the trademark certificate must have the following principal contents: a) Organization, the individual is the owner of the mark;
b) conditions for use of the trademark;
c) the characteristics of the goods or services are certified by the mark;
d) method evaluates the characteristics of the goods, services, and methods of controlling the use of the trademark;
DD) charges that users pay for the brand, brand protection, if any.
Article 106. Requirements for geographical indications registration form 1. Documentation, samples, information identifying geographical indications need protection of geographical indications application includes: a) the name, indication is the geographical indication;
b) products bearing the geographical indication;
c) A description of the nature and specific quality, the reputation of the product bearing the geographical indication and the elements characteristic of the natural conditions make up the nature, quality, characteristics, the reputation of that product (hereinafter referred to as the specific properties of the description);
d) a map of the geographical area corresponding to the geographical indication;
DD) documents that are geographical indications are protected in countries with geographical indication that, if the geographical indication of foreign countries.
2. A description of the nature and particularity must have the following principal contents: a) describes the type of the corresponding products, including raw materials and the physics, chemistry, microbiology and perception of the product;
b) specifying the geographical area corresponding to the geographical indication;
c) evidence of the type of products originating from the geographical area under the respective meanings specified in article 79 of this law;
d) description of manufacturing method, localized processing and have the stability;
DD) information about the relationship between the nature, quality, characteristics or reputation of products with geographical conditions as defined in article 79 of this law;
e) information about the mechanism itself examine the nature and quality of the product's peculiarities.
Article 107. Authorized representative in the procedure relating to industrial property rights 1. The authorization to conduct the procedures relating to establish, maintain, renew, modify, discontinue, cancel the effect the degree of protection must be established as the authoritative paper.
2. the authorization Certificate must have the following principal contents: a) the name, the full address of the authorized parties and authorized parties;
b) authorization scope;
c) the authoritative period;
d) on establishment of the authoritative paper;
DD) signature, seal (if any) of the authorized party.
3. the authoritative Paper there is no time limit for authorisation be considered in effect indefinitely and only ended when the authoritative party declared the termination of the authorization.
Section 3 PROCEDURE for SINGLE PROCESSOR INDUSTRIAL PROPERTY REGISTRATION and the ISSUING of PROTECTION Article 108. Receiving the application of industrial property, the filing date 1. Industrial property application only State Agency on industrial property rights receive if at least the following documents and information: a) declarations registered patents, industrial designs, layout design, trademarks, geographical indications, including enough information to identify the applicant and label templates , list of products, branded services for trademark registration application;
b) A description, including the scope of protection for the patent application; the photographs, drawings, a description for single registration of industrial designs; a description of the specific properties of the product bearing the geographical indication for single registered geographical indications;
c) certificate from the filed application fee.
2. The date of filing is the date the application state management agency of industrial property rights or is receiving the international filing date for single filed under international treaties.
Article 109. Single form assessment of industrial property registration 1. The application of industrial property are the evaluation form to assess the validity of the application.
2. industrial property application is considered invalid in the following cases: a Single) does not meet the formal requirements;
b) stated in single object is the object not to be protective;
c) the applicant does not have the right to register, including the right to register the same in many organizations and individuals, but one or more of which does not agree to the applicant;
d) is filed contrary to rules on how to apply the provisions of article 89 of this law;
DD) the applicant does not file charges and fees.
3. for the application of industrial property in the circumstances specified in paragraph 2 of this article, the State Agency on industrial property rights to perform the following procedures: a) announced intention to reject a valid petition, which must clearly state the reason and fix the time limit for the applicant to fix flawed or have comments for intended refuse;
b) notice refuse to accept valid application if the applicant does not fix the flaws, shortcomings unsatisfactory or no comments for oppose plan to refuse as defined in point a of this paragraph;
c) reported denying certification of registration of layout designs of integrated circuits for semiconductors designed registration form layout;
d) performed the procedure prescribed in clause 4 of this Article if the applicant corrects the shortcomings or comments for oppose plan to refuse to accept a valid application specified in point a of this paragraph.
4. With regard to the application of industrial property does not in the circumstances specified in paragraph 2 of this Article or in the cases specified in point d of paragraph 3 of this article, the State Agency on industrial property rights of notification of acceptance of a valid application or performing procedures for issuing and recorded on a national register of industrial property According to the provisions of article 118 of this law for design layout application.
5. trademark registration Application rejected in accordance with paragraph 3 of this article is not to be submitted, except in cases of single is used as the grounds for the request enjoys priority.
Article 110. Announced industrial property registration form 1. The application of industrial property was the State Agency on industrial property rights valid acceptance is published in the Official Gazette of industrial property under the provisions of this Article.

2. patent application published in the 19th month as from the filing date or from the priority date for priority or right single at the time sooner at the request of the applicant.
3. industrial design application, registration of trademarks, geographical indications application are published within a period of two months from the application date is accepted as valid.
4. Registration form layout design was announced in the form of allowing direct lookup in the State Agency of industrial property rights but not be copied; with regard to confidential information in the application, only the competent authorities and stakeholders in the implementation process of the invalidation procedure protection degree or the process of implementing procedures for handling new rights infringement is allowed to lookup.
The basic information about the application layout design and the degree of protection of layout designs to be published within a period of two months from the date of issuing.
Article 111. Patent application security, industrial design application before publication 1. Before the time of the patent application, the industrial design application published in the Official Gazette of industrial property, the State Agency on industrial property rights is responsible for information security in the application.
2. the officials and servants of the State Agency on industrial property rights to disclose secret information in the patent application, the industrial design application shall be disciplined; If the disclosure of secret information of damage for the applicant to compensation under the provisions of the law.
Article 112. The third people's opinions about the degree of protection from the date of registration of industrial property published in the industrial property Gazette before the decision to grant the degree of protection, any third person would also have the right to have comments with the State Agency on industrial property rights regarding the granting or not granting the degree of protection for with that menu. Comments must be made in writing accompanied by the material or cite sources to prove.
Article 113. Asked to appraise the content of patent application 1. Within a period of forty-two months from the filing date or from the priority date in case of single entitled the right of priority, the applicant registered patent or any third persons can request the State Agency on industrial property rights appraisal the content with the condition have to file charges due diligence the content menu.
2. The time limit for requesting the evaluation of patent application content that requires the patentability of utility solutions is thirty-six months from the filing date or from the priority date in case of single was entitled to priority.
3. No case submission content assessment requirements within the time limit prescribed in clause 1 and clause 2 of this patent application shall be deemed withdrawn at the end of that period.
Article 114. Evaluation of the content of industrial property registration form 1. The industrial property registrations are evaluation of content to evaluate the qualification level of protection for the subjects outlined in the application under the conditions of protection and determine the scope of protection correlating: a) the patent application have been accepted as valid and required due diligence the content filed under the regulations;
b) industrial design application, application for trademark registration, geographical indications application was recognized as valid.
2. design layout application not be appraised of the content.
Article 115. Additional amendments, split, convert industrial property registration form 1. Before the State Agency on industrial property rights notice of refusal to grant the degree of protection or the decision to grant the degree of protection, the applicant has the following rights: a) modified, single supplement;
b) Split single;
c) request noted a change in the name, the address of the applicant;
d) require records changes to the applicant by the single assignment under contract, due to inheritance, inheritance or by decision of the competent authority;
DD) convert the patent application that requires the patentability of inventions the patent application that requires the patentability of utility solutions and vice versa.
2. The request to implement the procedures specified in paragraph 1 of this article must file charges and fees.
3. The amendments and supplements the application of industrial property not expand the scope of the object revealed or stated in the application and do not alter the nature of the object registration requirements outlined in the application, and to ensure uniformity of application.
4. In the case of simple separation of the application filing date separator is defined as the date of filing of the original application.
Article 116. Withdrawal of the application industrial property 1. Before the State Agency on industrial property rights decision to grant or refuse to grant the degree of protection, the applicant has the right to withdraw the registration of industrial property by writing his own name or through a service organization industrial property agent if the Attorney has stated the withdrawal authorization form.
2. From the moment the applicant declared to withdraw the application, all subsequent procedures relating to that application will be terminated; the fees, the fees submitted related to the procedure has not yet started to be refunded at the request of the applicant.
3. Every patent application, industrial design has pulled or be deemed to have withdrawn if not yet announced and every trademark application was withdrawn were regarded as not yet been filed, unless the single is used as the grounds for the request enjoys priority.
Article 117. Refuse to grant the degree of protection 1. The application of inventions, industrial designs, trademarks, geographical indications denied issuing of protection in the following cases: a) is the basis for the assertion that the subject stated in the application does not meet the full range of conditions for protection;
b) Application meets the conditions to be granted a degree of protection but not the application priority date or the earliest filing date in the case prescribed in clause 1 Article 90 of this law;
c) in the case of Application prescribed in clause 2 Article 90 of this law without the unity of all the applicants.
2. design layout application denied issuing of protection in the case does not meet the formal requirements under the provisions of article 109 of this Act.
3. industrial property application in the case prescribed in clause 1 and clause 2 of this Article, the State Agency on industrial property rights to perform the following procedures: a) announced intention to refuse to grant the degree of protection, which must clearly state the reason and fix the time limit for the applicant to have opposing opinions intended to deny;
b) notice of refusal to grant the degree of protection if the applicant has no comments or comments not intended for denial specified in point a of this paragraph;
c) protection degree Level and recorded on a national register of industrial property under the provisions of article 118 of this Act if the applicant comments for oppose plan to reject specified in point a of this paragraph.
4. In case there are objections about the plan to grant the degree of protection, industrial property registration form respectively be appraised again on these issues.
Article 118. Issuing of protection, registration

The application of industrial property not belonging to the case refused to grant the degree of protection specified in paragraph 1, item 2 and point b paragraph 3 Article 117 of this law and the applicant shall pay the State Agency on industrial property rights decision to grant the degree of protection and recognition on the national registry of industrial property.
Article 119. The time limit for disposal of industrial property registration form 1. The application of industrial property are the evaluation form within one month from the date of filing.
2. The application of industrial property to be appraised of the content of the following deadlines: a) for patent is twelve months from the date of publication if the application requires evaluation of content to be filed before the date of publication of application or from the date of receiving the request to verify the content if the request is submitted after the date of publication of application;
b) with regard to industrial designs, trademarks, geographical indications is six months from the date of publication of the application.
3. The time limit for evaluation of the application industrial property registrations by two-thirds the valuation period, the first time for the complex case may be extended but not to exceed the time limit for the first evaluation.
4. The time for the amendment, single supplements don't count on the time limits prescribed in clause 1, 2 and 3 of this article.
Item 4 INTERNATIONAL MENU and HANDLES the INTERNATIONAL APPLICATION Article 120. International menu and handle international single 1. Industrial property application filed under the international treaties to which the Socialist Republic of Vietnam is members are referred to as international menu.
2. the International Application and the processing of the international application must comply with the provisions of relevant international treaties.
3. The Government passed regulations on international menu and order menu handling procedures of the relevant international treaties in accordance with the principles of this chapter.
Chapter IX, the OWNERS of the CONTENT and LIMITS of INDUSTRIAL OWNERSHIP category 1 OWNER and INDUSTRIAL OWNERSHIP CONTENT Article 121. The owner of the industrial property objects 1. Owners of patents, industrial designs, layout design is the Organization, individuals are the authorities competent to grant the degree of protection of the industrial property objects respectively.
The trademark owner is the individual organization is the competent body to grant the degree of protection of the trademark or the registered trademark has international was recognized by the competent agency or well-known marks.
2. trade name owner is organization, personal use of that trade name in legal business activities.
3. the owner of the trade secret is organization, personal business secrets legally and make the security of trade secrets. Business secrets which the party for hire, party performs tasks get in when work was hired or assigned in the ownership of the party or parties to the communication, unless the parties have agreed otherwise.
4. the owner of the geographical indication of Vietnam's State.
The State grants the right to use the geographical indication for the Organization, personal expedite the production of the product bearing the geographical indication in the corresponding local and put that product to the market. Direct State management done right geographical indication or authority for geographical indications held represented the interests of all the institutions, individuals are given the right to use the geographical indication.
Article 122. The author and the author's rights to inventions, industrial designs, layout design 1. Author of inventions, industrial designs, layout designs is the direct creation of objects of industrial property; in the case of two or more people jointly direct the creation of industrial property objects, they co-authored.
2. the author's personal rights to inventions, industrial designs, layout designs include the following rights: a) was credited as the author of By patent, patent of useful solutions, industrial design patent and a certificate of registration of topographies semiconductor integrated circuits;
b) Was named as the author of the material published, about the inventions, industrial designs, layout designs.
3. the author's property rights to inventions, industrial designs, layout designs is entitled to receive compensation under the provisions of article 135 of this law.
Article 123. The rights of the owner of the industrial property objects 1. The owner of the industrial property objects have the following properties: a rights) to use, allow others to use the object of industrial property under the provisions of article X of this Law and Chapter 124;
b) prohibit others from using the subject of industrial property under the provisions of article 125 of this Act;
c) dispose of objects of industrial property under the provisions of Chapter X of this law.
2. The organization, individuals are given the right to use state management rights, geographical indications as defined in paragraph 4 to article 121 of this Act have the following rights: a) the organization is given the right to manage the geographical indication has the right to allow other people to use that geographical indications as defined in art. 1 of this article;
b) organizations, individuals are given the right to use or organization is given the right to manage the geographical indication has the right to prohibit others from using that geographical indications as defined in point b of paragraph 1 of this article.
Article 124. Use the object of industrial property 1. Use of the patent is the implementation of the following behaviors: a) the manufacture of products covered;
b) apply processes are protected;
c) uses of protected products or products that are produced according to the process are protected;
d) circulation, ad sales, storage, to the circulation of products specified in point c of this paragraph;
DD) import the products specified in point c of this paragraph.
2. use of an industrial design is the implementation of the following behaviors: a) the production of appearance products are industrial designs are protected;
b) circulation, ad sales, storage, to the circulation of the product defined in point a of this paragraph;
c) imported the product defined in point a of this paragraph.
3. Use the layout design is the implementation of the following behaviors: a) reproduced layout design; the production of semiconductor integrated circuits layout design protection;
b) sale, rental, advertising, offer or possession of copies of layout design of integrated circuits, semiconductors produced by design layout or goods containing semiconductor integrated circuits produced according to the protected layout design;
c) import copies of layout design of integrated circuits, semiconductors produced by design layout or goods containing semiconductor integrated circuits produced according to the protected layout design.
4. use of the trade secret is the implementation of the following behaviors: a) applied business secrets to manufacturing products, provision of services, trade in goods;
b) sale, advertising for sale, possession for sale, and import of products is produced by the applied business secrets.
5. Use of trademarks is the implementation of the following behaviors: a) Tied the mark be protected up the goods, packaging of goods, means business, media services, transaction papers in business activities;
b) circulation, offered for sale, advertising for sale, possession for sale goods bearing a trademark is protected;
c) imported goods, branded services are protected.
6. use of the trade name is the implementation of a trade purpose behavior by using the trade name to proclaim in business activities, showing the trade name in the transaction documents, signage, product, goods, packaging of goods and service providers, media advertising.
7. use of the geographical indication is the implementation of the following behaviors:

a) Attaching geographical indication be protected up the goods, packaging of goods, means business, the trading papers in business activities;
b) circulation, offered for sale, advertising for sale, storing aimed to sell goods bearing the protected geographical indication;
c) imported goods bearing the geographical indication is protected.
Article 125. The right to prohibit others from using the subject of industrial property 1. The owner of objects of industrial property and the Organization, individuals are given the right to use or management of geographical indication has the right to prohibit others from using the subject of industrial property if the use that is not in the case prescribed in clause 2 and clause 3 of this article.
2. The owner of objects of industrial property and the Organization, individuals are given the right to use or management of geographical indication does not have the right to forbid others to perform acts in the following cases: a) the use of inventions, industrial designs, layout designs to serve the needs of personal or non-commercial purposes or aims reviews , analysis, research, teaching, testing, production testing or collect information to perform the procedure for permission to manufacture, import, circulation of products;
b) circulation, import, exploit the use of the product is brought to market, including foreign market legally, unless the product is not controlled by the owner of the trademark or the permission of the trademark owner takes out foreign markets;
c) use patents, industrial designs, layout designs only aims to maintain the operation of the transport means of foreign countries are in transit or temporarily located on the territory of Vietnam;
d) to use the patent, industrial designs because people have the right to use the advance made under the provisions of article 134 of this Act;
DD) using the invention due to the person who is the authorized State body authorized under the provisions of Articles 145 and 146 of this Law Thing;
e) use design layouts when do not know or are not supposed to know which layout design protection;
g) use identical or similar marks with geographical indication be protected if it gained the protection of honest before the applicant registered geographical indications;
h) use a honest person, signs describe the type, quantity, quality, use, value, geographical origin, and other characteristics of the goods or services.
3. the secret of business owners have no right to prohibit others from performing the following acts: a) reveal, use the business secrets obtained when do not know and are not supposed to know that business secrets obtained by others a way illegal;
b) reveal confidential data in order to protect the public as stipulated in clause 1 Article 128 of this Act;
c) use confidential data defined in Article 128 of the Act are not commercial purposes;
d) reveal, using business secrets are created independently;
DD) reveal, use trade secrets that are generated by the analysis, product reviews are legitimate distribution provided analysis, reviews do not have agreements with owners of business secrets or sales people.
Article 126. Infringement of rights for inventions, industrial designs, layout designs The following behaviors were considered to infringe the patent owner's rights, industrial designs, layout designs: 1. Use patent-protected protected industrial design or industrial design does not differ significantly with designs that , protected layout design or any part of the original design features that within the validity of the degree of protection without permission of the owner;
2. use of inventions, industrial designs, layout designs that fail to pay compensation under the provisions of the temporary rights specified in article 131 of this Act.
Article 127. Infringement of business secret rights 1. The following behaviors were considered to violate rights to business secrets: a) approach, to collect information in business secrets by against the security measures of the control of the legitimate business secrets;
b) reveal, use the information in the business secrets without permission of the owner of the trade secret;
c) breach of contract security or deceiving, drives, corrupted, force, seduction, abusing the trust of the people have the obligation to secure access, collect or reveal trade secrets;
d) approach, to collect information in the business secrets of the applicant according to the procedure of applying business license or circulate the product by against the security measures of the competent authority;
DD) use, reveal trade secrets though have known or supposed to know that business secrets obtained by others related to one of the acts specified in points a, b, c and d of this paragraph;
e) does not perform the security obligations specified in article 128 of the Act.
2. The control of legitimate business secrets stipulated in paragraph 1 of this article include confidential business owners, who are the legitimate transfer of the right to use the business secrets, confidential business manager.
Article 128. Data security obligations testing 1. In case the law specified people applying the license business, circulation of agricultural goods, pharmaceutical products must provide test results or any other data as business secrets obtained by investing significant effort and the applicant has requested confidentiality of that information, the competent licensing authority has the obligation to implement the remedies France needed to that data not be used for commercial purposes not healthy and not be revealed, except where the expression is necessary in order to protect the public.
2. Since when secret data in the application for the license was filed with the competent agency specified in clause 1 of this article to the end of the five years from the date the applicant is licensed, it is not licensed for any person applying later than if in single use confidential data mentioned above without the consent of the person submitting the data , except in cases specified in point d of this Law 125 Article 3 account.
Article 129. Infringement rights to trademarks, trade names and geographical indications 1. The following behavior is done without permission of the owner of the trademark shall be considered as infringing rights to trademarks: a) the use of the sign identical to the mark is protected for goods or services identical with the goods or services in the registration list attached to it;
b) use of a sign identical to the mark is protected for the goods or services are similar or related to the goods or services in the registration list attached to the trademark, if the use is likely to cause confusion about the source of goods and services;
c) use of a sign similar to the protected trademark for goods or services identical, similar or related to the goods or services in the registration list attached to the trademark, if the use is likely to cause confusion about the source of goods and services;
d) using identical or similar signs to famous marks or signs the form translated, transcribed from the famous trademark for the goods or services, including any goods, services are not identical, not similar and not related to the goods or services belonging to the category of goods or services bearing the famous brand If the use is likely to cause confusion about the source of the goods or the false impression of the relationship between the use of that sign with the owners of famous marks.

2. All instructions use identical or similar trade with another person's trade name has been used before for the same type of products, services, or for similar products, services, causes confusion on the subject of business, business, business activities under the trade name that is considered to infringe the rights to the trade name.
3. The following acts are considered infringing rights to protected geographical indications: a) the use of the geographical indication is protected for the product even though originating from the geographical area bearing the geographical indication, but it doesn't meet the standards of the nature unique, quality products bearing the geographical indication;
b) using geographical indications are protected for the same products with geographical indications products aimed at taking advantage of the reputation, the reputation of the geographical indication;
c) using any sign identical or similar to geographical indications protection for products not originating in the geographical area bearing the geographical indications which make consumers misunderstand that the product derives from that geographic area;
d) using the protected geographical indications for wines, spirits to wine, spirits not originating from the geographical area corresponding to the geographical indication, even where there is stated the instruction about the true origin of the goods or the geographical indication is used in the form of translation , transcribed or used with kind words, style, shape, adaptations or other similar words.
Article 130. Acts of unfair competition 1. The following behaviors were considered acts of unfair competition: a) use commercial indications of confusion on the subject of business, business operations, commercial origin of goods or services;
b) use commercial indications of confusion about the origin, production, features, quality, quantity or other characteristics of goods or services; on the conditions of providing goods, services;
c) use the trademarks are protected in a country is a member of the international treaties have regulated the representative or agent of the owner of the trademark use of the mark to which the Socialist Republic of Vietnam is a member, if the user is a representative or agent of the owner of the trademark and the use of which is not the consent of the trademark owner and no reason;
d) registration, access or use of the domain name is identical or confusingly similar to the trademarks, trade names are protected by others or geographical indication that you have no right to use the domain name intended to occupy, use or damage to reputation, the reputation of the mark trade names, geographical indications, respectively.
2. commercial indications prescribed in paragraph 1 of this article are the signs, information to guide trade in goods, services, including trademarks, trade names, logotypes, business slogan, geographical indications, designs the packaging of the goods, the goods labels. 
3. Unauthorized use of trade indications prescribed in paragraph 1 of this article include the behavior attached instructions that trading up goods, packaging of goods, service vehicles, business papers, means of advertising; sell, advertising for sale, possession for sale, and import of goods trade indications have mounted.
Article 131. Temporary rights to inventions, industrial designs, layout design 1. The case of the applicant to the patent register, industrial designs know that patent, industrial designs are being others use commercial purpose and that person has no right to use before the applicant has the right to written notice to users about themselves has to apply , which specify the filing date and the date of publication of application in the Official Gazette of industrial property to that person to terminate the use or continued use.
2. for layout design has been registered or who have the right to be the person that allows commercial exploitation before the certificate of registration of design of semiconductor integrated circuit layout, if the person has the right to sign up to know that the layout design that other people are being used for commercial purposes, that person has the right to written notice of the registration authority to design the layout for that user to the person to cease the use of layout design or continued use.
3. In the case was reported to the provisions in clause 1 and clause 2 of this Thing that people notice still continue to use the invention, industrial designs, layout design, then when using the patent, By exclusively useful solutions, industrial model patent, certificate of registration of layout design of integrated circuits are semiconductor level owner, inventions, industrial designs, layout designs have the right to ask the person who used the invention, industrial designs, layout designs to pay a compensatory amount equal to the price of the transfer of rights to use patents, industrial designs, layout designs which in the scope and duration of use.
Section 2 LIMITS the RIGHTS of INDUSTRIAL PROPERTY Article 132. The limiting factor in industrial property rights under the provisions of this law, the industrial property right can be limited by the following factors: 1. The right of prior user for patent, industrial designs;
2. owner's obligations, including: a) paying for the authors of inventions, industrial designs, layout design;
b) use patents, trademarks.
3. Transfer of the right to use the invention under the decision of authorized State agencies.
Article 133. The right to use the invention on behalf of the State the 1. Ministries, ministerial-level agencies have the power on behalf of the State to use or permit the Organization, other individuals to use the invention in the field of management of public purpose, non-commercial, serving defense, security, prevention, healing, nutrition for the people and met the needs of the society without the consent of the patent owner or who is transferred the right to use the invention under exclusive contract (hereafter referred to as the monopoly of use patent) according to the provisions of Articles 145 and 146 of this Law Thing.
2. The use of the invention defined in paragraph 1 of this article is limited only to the extent and the conditions of transfer of the right to use the provisions of paragraph 1 to article 146 of this law, except where the invention was created by using the material-technical base, funding from the State budget.
Article 134. Prior use rights for patent, industrial designs 1. The case before the date of the patent application, the industrial design is published which contains the used or preparing the conditions necessary for use of the patent, industrial designs are identical to inventions, industrial designs registered in the application but is generated independently (hereinafter the person having a right to use) then after the degree of protection granted , that person has the right to continue to use the invention, industrial designs in the range and volume of used or prepared for use without having to ask permission or pay compensation to the owner of the patent, industrial designs are protected. The realization of the right of prior user invention, industrial designs are not considered to infringe the patent owner's rights, industrial design.

2. People have the right to use the invention, industrial designs are not allowed to transfer the rights to another person, except in cases of transfer of rights that accompanied the transfer of production facilities, business place using or preparing to use the patent, industrial designs. People have the right to use the expanded scope, not the volume of use if there are owners of patent, industrial designs allow.
Article 135. The obligation to pay remuneration to the author of inventions, industrial designs, layout design 1. Owners of patents, industrial designs, layout designs have the obligation to pay remuneration to the author as specified in paragraph 2 and paragraph 3 of this article, unless the parties have agreed otherwise.
2. the minimum wage that the owner must pay the author is specified as follows: a) 10% of the amount of the benefit to which the owner is obtained due to the use of inventions, industrial designs, layout design;
b) 15% of the total amount which the owner receives in each receive payment by transferring the rights to use patents, industrial designs, layout designs.
3. In the case of patents, industrial designs, layout designs are many authors create, the level of remuneration specified in clause 2 of this is the norm for all co-authors; the author himself agreed the split of remuneration paid by the owner.
4. The obligation to pay remuneration to the author of inventions, industrial designs, layout designs exist throughout the duration of protection of inventions, industrial designs, layout designs.
Article 136. Obligation to use patents, trademarks 1. Patent owners are obliged to produce products that are protected or protected process to meet the needs of Defense, security, prevention, healing, nutrition for the people or the needs of the society. When the needs specified in the clause that the owner of the patent does not fulfill the obligation which the competent State agency may transfer the right to use the patent to another person without permission of the patent owner under the provisions of Articles 145 and 146 of this Law Thing.
2. The owner of a trademark has the obligation to use the mark. In the case of trademarks are not used continuously from year to year over the ownership of trademarks that were terminated in force according to the provisions of article 95 of this Act.
Article 137. The obligation to allow the use of the basic patent to use inventions depends 1. Invention patent dependency is created on the basis of an invention (hereinafter the basic patent) and can only be used with condition must use the basic patent.
2. In case the proof is dependent inventions create a technically important step forward compared to the basic patent and has major economic significance, the patent holders depend right basic patent owners to transfer the right to use an invention with basic prices and commercially reasonable terms.
In case the owner of the patent does not meet the basic requirements of the dependent patent owner without good reason, the competent State agency may transfer the right to use the invention for which the patent owner depends without permission of the owner of the basic patent as defined in Articles 145 and 146 of the law Articles This time.
Chapter X INDUSTRIAL PROPERTY RIGHTS TRANSFER Item 1 of the INDUSTRIAL PROPERTY RIGHT TRANSFER Article 138. General provisions on assignment of industrial property rights 1. Transfer of ownership of industry is the owner of the industrial property right transfer its ownership to organizations and individuals.
2. The transfer of industrial property rights should be made in the form of the written contract (hereinafter the contract of transfer of industrial property rights).
Article 139. The condition restricts the transfer of industrial property rights 1. The owner of the industrial property rights are transferable only to the extent of their rights are protected.
2. Rights to geographical indications are not transferable.
3. trade name rights are transferable only with the transfer of the entire business and business activities under the trade name.
4. The transfer of rights to trademarks not caused confusion on features, the origin of the goods or services bearing the trademark.
5. Rights to trademarks are only transferable to individual organizations to meet the conditions for the person who has the right to the trademark registration.
Article 140. The content of the contract of assignment of rights to industrial property rights transfer of industrial property must have the following principal contents: 1. full name and address of the assignee and the assignee;
2. transfer base;
3. Transfer Pricing;
4. Rights and obligations of the parties to the assignment and the assignee.
Section 2 TRANSFERS the RIGHT to USE INDUSTRIAL PROPERTY SUBJECT to article 141. General provisions on transfer of the right to use industrial property subject 1. Transfer the right to use industrial property subject is the owner of the industrial property objects allow organizations and individuals to use the industrial property objects in the scope of his rights.
2. Transfer of the right to use the industrial property objects must be made in the form of the written contract (hereinafter the contract of use of objects of industrial property).
Article 142. Restricting the right to use industrial property subject 1. The right to use geographical indications, trade names are not transferred.
2. The right to use the collective marks are not delivered to the Organization, not the individual members of the owners of collective marks.
3. the party was right not to sign the contract with the third party, unless the party right or permission.
4. the party was right to use the trademark is obliged to write directions on the packaging of the goods, the goods about which goods are manufactured under contract to use the trademark.
5. the party was right to use the invention under exclusive contract is obliged to use the invention as the owner of the patent as specified in paragraph 1 to article 136 of this Act.
Article 143. The form of the contract of use of the industrial property objects of the contract using the object of industrial property comprises the following forms: 1. exclusive contract is a contract by which the extent and duration of the transfer, the party is turning the right to the exclusive use of the industrial property objects , on the right not be signed using the object of industrial property with any third parties and will only be used of objects of industrial property which if allowed by the party was right;
2. non-exclusive contract is a contract by which the extent and duration of the transfer of rights of use, on the right still has the right to use the industrial property objects, contracting authority uses the industrial property subjects not exclusively with others;
3. Contract of use of the industrial property objects of the secondary is a contract by which parties to the transfer are transferred the right to use the industrial property objects that follow a different contract.
Article 144. The content of the contract of use of objects of industrial property 1. The contract using the object of industrial property must have the following principal contents: a) the full name and address of the right side and right side is right;
b) to base transfer rights of use;
c) contract Form;
d) scope of the transfer, including the limited right to use, limited to the territory;
DD) contract term;

e) Reviews the transfer rights of use;
g) rights and obligations of the parties to the transfer and the party was right.
2. Contract of use of the industrial property objects was not there the terms unreasonable restriction of rights of the parties be right, especially as the terms are not derived from the right of the parties to the transfer of the following: a) Banned the party is right and improve industrial property objects, except for the label; the party was forced to transfer to transfer free to the right side of the improvement of industrial property objects because the party is right or rights created or registered industrial property rights industrial property for improvements;
b) directly or indirectly restrict the transfer of export goods produced or services provided under contract to use the industrial property objects to the territory is not where the right side holds the respective industrial property right or has the exclusive rights to import such goods;
c) Forced the party was right to purchase all or a certain percentage of the raw materials, components or equipment of the right party or of a third party by transferring the parties specified that does not aim to ensure the quality of goods and services by the party is the transfer of production or supply;
d) Prohibits parties are right to claim about the validity of industrial property rights or the right to transfer the right party.
3. The terms of the contract in the case prescribed in clause 2 of this default is disabled.
Section 3 REQUIRED the TRANSFER of RIGHTS of USE for PATENT Article 145. Mandatory base deliveries for patent use rights 1. In the following cases, the right to use the patent be transferred to organizations and individuals use according to the decision of the competent State Agency as defined in Article 147 of this Law paragraph 1 without the consent of the person holding the exclusive use of the invention: a) the use of the invention for the purposes of the public , non-commercial, serving defense, security, prevention, healing, nutrition for the people or to meet the urgent needs of society;
b) Who assumed the exclusive use of the invention does not fulfill the obligation of use patent regulations in clause 1 Article 136 and 142 Article 5 of this Law accounts after the end of four years from the date of filing the patent registration and ends three years from date granted By patent;
c) Who have a need to use the invention does not reach agreement with the holding exclusive rights to use the invention on the signing of the contract of use patent although in a reasonable time was trying to negotiate with prices and commercially satisfactory conditions;
d) Who assumed the exclusive use of the invention be considered to perform acts restricted competition is prohibited under the provisions of the law on competition.
2. Who exclusively use patent has the right to request termination of right to use when transferring the bases stipulated in paragraph 1 of this article no longer exist and are not likely to reappear on the condition that the termination of the right to use that does not cause damage to the person is transferred the right to use the invention.
Article 146. The condition restricts the patent rights are transferred by decision required 1. Patent use rights are transferred by decision of the competent State bodies must conform to the following conditions: a) the right to use the delivered in the form of non-exclusive;
b) use rights are transferred are only limited in scope and duration sufficient to meet the objective of transferring and mainly to supply the domestic market, except in cases specified in point d of paragraph 1 to article 145 of the Act. With respect to inventions in the field of semiconductor technology, the transfer of the right to use public purposes only, non-commercial use or to handle limited competitive behavior under the provisions of the law on competition;
c) Who transferred the right to use non-transferable rights to another person, except in the case of transfer along with its business base and not be transferred to the secondary use rights to others;
d) Who transferred the right to use to pay for the exclusive use of grasp a patent adequate compensation depending on the economic value of the right to use it in each particular case fits the frame price compensated by government regulations.
2. In addition to the conditions specified in paragraph 1 of this article, the right to use the patent to be transferred in the case prescribed in clause 2 Article 137 of this law must meet the following conditions: a) the monopoly use basic inventions are also transferred the right to use the invention rests with the reasonable conditions;
b) Who transferred the right to use the basic patent not assign that right, unless the transfer along with the full rights to the invention.
Article 147. Jurisdiction and procedure for the transfer of the right to use the invention under a compulsory decision 1. The Ministry of science and technology issued the decision to transfer the right to use the invention on the basis of the review request is transferred the right to use for cases stipulated in points b, c and d of paragraph 1 Article 145 of this law.
Ministries, ministerial-level agency issued the decision to transfer the right to use the invention in the field of the management of its state when the cases stipulated in art. 145 Articles of this law on the basis of a consultation of the Ministry of science and technology.
2. The decision to transfer the right to use the patent to determine the scope and the conditions of use conform to the provisions of article 146 of this law.
3. the competent State authorities decided to transfer the right to use the invention must immediately notify who exclusively use the patent on that decision.
4. The decision to transfer the right to use patents or refuse patent rights transfer might be complaining, being litigated under the provisions of the law.
5. The Government specifies the transfer procedure for patent use rights stipulated in this Article.
Section 4 REGISTERING the OWNERSHIP TRANSFER CONTRACTS INDUSTRY Article 148. The effect of the contract of transfer of industrial property rights 1. With regard to industrial property rights are established on the basis of registration as specified in point a of paragraph 3 article 6 of this law, the transfer of industrial property rights is valid only when it has been registered in the State Agency on industrial property rights.
2. With regard to industrial property rights are established on the basis of registration as specified in point a of paragraph 3 article 6 of this law, the contract uses the industrial property objects take effect as agreed between the parties, but is only valid for third parties were registered in the State Agency on industrial property rights.
3. Contract of use of the industrial property objects automatically terminated effective if industrial property rights of Party Affairs was terminated.
Article 149. Contract registration records transferred the rights of industrial property registration documents the contract of use of objects of industrial property, the transfer of industrial property rights include: 1. the registration declaration according to the prescribed form;
2. The original or a copy of a valid contract;
3. Original degree of protection for the transfer of industrial property rights;
4. The text agreed by the co-owner, text explanations of reasons not to agree to any co-owner of the transfer of rights if the rights of industrial property owned in common;
5. Vouchers filed charges and fees;

6. the authorization Certificate if applying through a representative.
Article 150. Handle the registration record the ownership transfer contracts, industrial order and procedure of receiving and processing the contract registration record using the object of industrial property, the transfer of ownership of industry by government regulations.
Chapter XI INDUSTRIAL PROPERTY AGENT Article 151. The service of industrial property agent 1. The service of industrial property agent include: a) to represent the Organization, individuals before the competent State agencies of establishing and ensuring the enforcement of industrial property rights;
b) advise on matters relating to the procedure of establishment and enforcement of industrial property rights;
c) other services related to the procedure of establishment and enforcement of industrial property rights.
2. industrial property agent business service organization composed of representatives of industrial property (hereinafter referred to as service organization representing industrial property) and personal practice of industrial property agent in that Organization (hereafter referred to as the representative of industrial property).
Article 152. Scope of industrial property agent 1. Service organization industrial property agent is only done in the scope of services is authorized and permitted to authorize leave for service organizations in other industrial property agent, if the consent in writing of the authorization.
2. Service Organization industrial property agent has the right to abandon the operation of the industrial property agent if transferred legally incomplete representation work for service organizations in other industrial property agent.
3. industrial property agent not implementation of the following activities: a) simultaneously represent the parties in dispute with each other about industrial property rights;
b) Withdraw the petition to grant the degree of protection, the Declaration to abandon the protectorate, to withdraw a complaint about establishing industrial property rights if not authorized party representatives;
c) deceive or force the clients in the delivery of the service contract and implementation of industrial property representative.
Article 153. The responsibility of the industrial property agent 1. Industrial property agent has the following responsibilities: a) announced the account, the fees and charges related to the procedure of establishing and ensuring the enforcement of industrial property rights, the account and the service fee according to the fee already registered in the State Agency on industrial property rights;
b) confidential information, the document was delivered relating to the incident that you represent;
c) honest and full information of all notifications, requirements of the State bodies are competent to establish and ensure the enforcement of industrial property rights; timely delivery of diplomas and other decisions for the parties to be represented;
d) protect the rights and legitimate interests of parties to be represented by satisfying the requirements of the State bodies are competent to establish and ensure the enforcement of industrial property rights for parties to be represented;
DD) inform the competent State agencies establish and ensure the enforcement of industrial property rights all changes of name, address and other information of the parties be represented when needed.
2. Service Organization industrial property agent shall bear civil liability for the person to be represented on the operation represented by the industrial property representative made on behalf of the organization.
Article 154. Business terms of service represent industrial property organization meets the following conditions are business services industry property agent with nominal service organization industrial property agent: 1. Is the business organization, practicing lawyers, service organization of science and technology was established and legitimate activity;
2. the functioning of services in industrial property agent is recorded in the business registration certificate, certificate of registration (hereinafter referred to as the business registration certificate);
3. The head of the organization or the person who is the head of the authoritative organization must meet the conditions of practice services industrial property agent specified in clause 1 Article 155 of this Act.
Article 155. Conditions of practice services industrial property agent 1. Individuals are allowed to practise the service representatives of industrial property if it meets the following conditions: a) practising certificate services industrial property agent;
b) operations for a service organization of industrial property agent.
2. The individual meets the following conditions, the practising certificate services industrial property agent: a) is the citizen of Vietnam, has the capacity for civil acts in full;
b) resident in Vietnam;
c) has a university diploma;
d) were directly working on the law on industrial property from five years or more or has directly to do the work to assess the type of industrial property registration in national or international agency of industrial property continuously from five years or more or have graduated from the training laws on industrial property are the competent bodies get;
DD) are not public servants, officers are working in State bodies have the authority to establish and ensure the enforcement of industrial property rights;
e) achieved in a test about the profession of industrial property agent authorized agency organization.
3. The Government specifies the legal training program on industrial property, the inspection services of the industrial property agent, practising certificate services industrial property agent.
Article 156. Recorded, delete the name of the service organization industrial property agent, professional recovery services of industrial property agent 1. The organization or individual that meets the business conditions, representative services practice industrial property provisions in Articles 154 and 155 of this Act is the State Agency on industrial property rights recorded in the book published in the Italian national representative k industrial property and published on the Official Gazette of industrial property at the request of the Organization , that individual.
2. in case of assertion-based industrial property agent no longer meets the conditions of business practice, the provisions of article 154 and 155 Articles of this law, the State Agency on industrial property rights to delete the name of the industrial property agent in Italian national registered industrial property and published on the Official Gazette of industrial property.
3. Service Organization industrial property agent violated the provisions in clause 3 Article 152 and 153 Articles of this law shall be processed in accordance with the law.
4. The industrial property agent has the wrong date on the professional service while practice or violating the provisions in point c of paragraph 3 to article 152 and art. Article 153 of this Act, then, depending on the nature and extent of the violation may be warned, fined, practising certificate revocation service of industrial property representative.
The FOURTH RIGHTS to PLANT VARIETIES Chapter XII of CONDITIONS of PROTECTION for PLANT VARIETIES RIGHTS Article 157. The Organization, individuals are protected rights to plant varieties 1. The Organization, individuals are protected rights to plant varieties is the Organization, individuals select the created or discovered and developed the cultivar or investment for chosen created or discovered and developed the cultivar or transferred rights to plant varieties.

2. organizations and individuals stipulated in paragraph 1 of this article includes a personal organizer, Vietnam; organizations, foreign individuals in the country has signed with Vietnam Socialist Republic agreement on protection of plant varieties; organizations, foreign individuals have a permanent address in Vietnam or have production facilities, seed business in Vietnam.
Article 158. General conditions for plant varieties protectable plant varieties are protected is selected cultivars created or discovered and developed, in the list of species of plants are protected by the State Ministry of agriculture and rural development, there is novelty, distinctiveness, uniformity stability, and named accordingly.
Article 159. The novelty of cultivars cultivars are considered to be new if breeding materials or products of harvested crop varieties which have not been registered shall have the right specified in article 164 of this Act or who is that person's permission to sell or distribute by other aims to exploit the same plant on the territory of Vietnam before applying to register a year or out of the territory of Vietnam before the registration filing date six years for crop varieties in the species of tree and vine, four years for the other cultivars.
Article 160. Distinctiveness of the plant varieties 1. Plant varieties are considered to be different if the have the ability to distinguish with the other cultivars that are widely known at the time of filing or the priority date if priority right menu.
2. Plant varieties are widely prescribed in paragraph 1 of this article is the plant varieties belonging to one of the following cases: a) cultivars that breeding materials or products of the same harvest that has been widely used in the market in any country at the time of submission of the application for protection;
b) cultivars have been protected or registered on the list of species of plants in any country;
c) cultivar is the subject of the application for protection, or to be registered on the list of species of plants in any other country, if the application is not denied;
d) seed that a detailed description of the breed that has been announced.
Article 161. Uniformity of seed crop varieties are considered to be uniformity if have the same expression on the related traits, except the distortions in the scope allows for some specific traits in the breeding process.
Article 162. The stability of the cultivars cultivars are considered to be stable if its relevant characteristics of cultivars that retains the original description as expression, not be changed after each service breeding or after each breeding cycle in the case of breeding cycles.
Article 163. The name of the seed 1. The respondent k Italy must propose a suitable name for the cultivar with the same name as the name registered in any country when to apply for protection.
2. The name of the cultivar is considered to match if it had the ability to easily distinguish with the names of the other cultivars that are widely known in the same species or similar species.
3. The name of the plant varieties are not considered appropriate in the following circumstances: a) includes only the digits, except digits relate to characteristics or the like;
b) violate social morality;
c) ease of equivocation about the characteristics, characteristics of the breed;
d) ease of equivocation about the identity of the author;
DD) identical or similar to the point of confusion with trademarks, trade names, geographical indications were protected before the published application k Italy protection of plant varieties;
e) identical or similar to the name of the product harvested from the same plant;
g) affect the rights had before of the Organization, the other individual.
4. organizations and individuals, offered for sale or marketed as breeding material of plant varieties must use the same name as the name recorded in the plant by protectionism, even after the end of the term of protection.
5. When the cultivar name is associated with the trademark, trade name or other similar indication with the name of the cultivar was registered to sell or market the name that still must be able to identify easily.
Chapter XIII ESTABLISHED the RIGHT for the CULTIVATION of CIVET HILLOCKS section 1, DEFINES RIGHTS to SEED Article 164. Registration of rights to plant varieties 1. To be protection of rights to plant varieties, the Organization, the individual must make the application registered for State administration of rights to plant varieties.
2. organizations and individuals have the right to register for protection of cultivars (hereinafter the respondent k Italy) include: a) the author directly select the created or discovered and developed the crop varieties by effort and costs;
b) organizations, individuals investing for the author to choose created or discovered and developed the crop varieties in the form of assigning, renting, unless agreed otherwise;
c) Organization, individuals are transferred, inheritance, inheritance rights of registered cultivars.
3. selected cultivars created or discovered and developed by the use of the State budget or from the project by the State to manage the rights to plant varieties that belong to the State. The Government specifies the registration of rights to plant varieties specified in this paragraph.
Article 165. How to apply rights to plant varieties 1. Organizations, individuals, organizations, Vietnam foreign individuals have a permanent address in Vietnam or have production facilities, seed business in Vietnam to apply rights to plant varieties (hereinafter the protection application) directly or through a legal representative in Vietnam.
2. organizations, foreign individuals do not have a permanent address in Vietnam or had no production facilities, seed business in Vietnam to apply for protection through legal representative in Vietnam.
Article 166. The first filing guidelines for seed 1. The case of two independent persons to apply for protection on different dates for the same seed, seed protection could only be granted to the respondent k Italy is valid.
2. where there are more registered for the same seed was filed on the same day, by the protection of plant varieties may only be issued to people who would stand the name filed a single application under the agreement of all the people who posted k Italy; If the respondent k Italy is not agreed upon, the State administration of rights to plant varieties will consider to grant Equal protection to plant varieties on the basis of determining who first chose created or discovered and developed the cultivar.
Article 167. The principle of priority for the application of protection 1. The respondent k Italy has the right to request to be entitled to the priority rights in the case of the application for protection was filed within the time limit of twelve months from the date of filing registered the same plant varieties in the country has signed with Vietnam Socialist Republic agreement on protection of plant varieties. The first filing date are not included in this period.

2. To enjoy the right of priority, the respondent k Italy must show the request enjoys priority in the application for protection. Within the time limit at the latest three months from the date of filing of the application, the respondent k Italy must provide a copy of the materials on first single competent authority validation and templates or other evidence confirmed plant breeding in both one and the fees. The respondent k Italy has the right to provide information, documents or material necessary for State administration of rights to plant varieties evaluation according to the provisions of article 176 and 178 of this Act within two years after the end of the time limit the enjoyment of the right of priority or of the appropriate duration depends on the species of plant seeds in the application After the first application is rejected or withdrawn.
3. The application for protection is entitled to the right of priority, the priority date is the date of the first filing.
4. Within the time limit specified in paragraph 1 of this article, a single submission or publication or use of cultivars is the subject of the first application not considered grounds for rejecting the application for protection are entitled to priority.
Article 168. By using the protection of plant varieties and the national registry of protected plant varieties 1. By using the protection of plant varieties and breeds name recorded species of plant, the name of the owner of rights to plant varieties (here called home by protectionism), author name, and plant breeders rights protection period for plant breeding.
2. State administration of rights to plant varieties noted the grant by protectionism and By content protection on a national register of protected plant varieties and store that information.
Article 169. The effect of using the plant varieties protection 1. By using the protection of plant varieties in force throughout the territory of Vietnam.
2. Using the protection of plant varieties in force since the date of issue to the end of twenty-five years for trees and vines; the remainder of twenty years for the other cultivars.
3. Equal Protection of plant varieties may be suspended or cancelled in force according to the provisions of article 170 and 171 of this law.
Article 170. The suspension, effective recovery By protection of plant varieties 1. By using the protection of plant varieties may be suspended in the following cases: a) plant varieties are protected no longer meets the conditions of uniformity and stability as at the time of grant;
b) Server by protectionism does not pay the prescribed annuity;
c) Server by providing no protection to document breeding material, necessary to maintain and preserve plant varieties according to the regulations;
d) Home by protectionism does not change the name of the seed at the request of the State Agency on the rights for plant varieties.
2. In cases stipulated in points a, c and d of paragraph 1 of this article, the State administration of rights to plant varieties decision suspends the effect by using the protection of plant varieties.
3. In the cases specified in point b of paragraph 1 of this article, upon expiry of the filing fees for annuity, the State administration of rights to plant varieties decision suspends the effect By plant varieties protection since the first day of the year of the next effect that fees for annuity cannot be filed.
4. In the case provided for in point a of this paragraph 1, every organization, individuals have the right to request state administration of rights to plant varieties suspension effect By plant varieties protection.
Based on the results of consideration of the petition to suspend effect By protection of plant varieties and the opinions of the parties concerned, the State administration of rights to plant varieties announced the suspension in effect rejected by protectionism or a decision to suspend effect by protectionism.
5. in the cases specified in paragraph 1 of this article, the State administration of rights to plant varieties posted notices on journals and stating the reason for suspension, at the same time send a message to the owner by protectionism. Within a period of thirty days from the date of notification, by the guardians have the right to submit proposals be overcome the reasons be suspended for State administration of rights to plant varieties and pay for recovery effect By protection of plant varieties. Within a period of ninety days from the date of filing, the owner by protectionism must overcome the reasons for the suspensions specified at points b, c and d of paragraph 1 of this article. State administration of rights to plant varieties considered recovery effect by protectionism and reported on specialized magazines.
In the case provided for in point a of this paragraph 1, effect By plant protection will be restored after the owners proved to be similar has to meet the conditions of uniformity and stability and the State administration of rights to plant varieties.
Article 171. The cancellation effect By plant varieties protection 1. By using the protection of plant varieties was cancelled in the following cases: a) Single registered cultivars registered by the person who has no right to name, except rights to plant varieties are shipped back to the person who has the right to register;
b) plant varieties are protected does not satisfy the condition of novelty or distinctiveness at the time of granting protection to plant varieties;
c) seed does not satisfy the condition of homogeneity or stability in case of Equal protection to plant varieties granted based on assay results by respondent k Italy made.
2. During the validity period of the Equal Protection of plant varieties, every organization, individuals have the right to request state administration of rights to plant varieties invalidation by the protection of plant varieties.
Based on the results of the review petition to cancel the effect by using the protection of plant varieties and the opinions of the parties concerned, the State administration of rights to plant varieties of notification to refuse or revoke a decision to cancel the effect by using the protection of plant varieties.
3. In case of using the protection of plant varieties was cancelled, all transactions incurred on the basis of plant varieties granted by that protection is disabled. The processing of transactions void made under the provisions of the civil code.
Article 172. Modify, sublicense By protection of plant varieties 1. Protected by the owners have the right to request state administration of rights to plant varieties changes, fix errors related to the name and address of the owner with protection with the condition to pay fees. In case the errors are caused by the State administration of rights to plant varieties caused, the State administration of rights to plant varieties must repair, home by paying protection fees.
2. protected by Owner have the right to request state administration of rights to plant varieties granted by protection of plant varieties in case of lost or damaged condition to pay the fees.
Article 173. Announced decisions related to the protection of plant varieties by the decision on the grant, the grant of leave, suspend, remove, modify by protection of plant varieties is the State governing body of rights to plant varieties published in journals about the seed within sixty days from the date of the decision.
Section 2 MENU and APPLICATION PROCESSING PROCEDURES for PROTECTION Article 174. Application k Italy protection 1. The application of protection consists of the following documents: a) declarations registered in the prescribed form;
b) photographs, technical form according to the prescribed form;

c) Attorney, if the application is filed through a representative;
d) documents proving the right to registered, if the respondent k Italy is the registration authority is transferred;
DD) documents proving the right of priority, if the applicant requests priority rights;
e) certificate from the filing fees.
2. The application for protection and transaction documents between the respondent and a k-State administration of rights to plant varieties are made with Vietnamese, except for the following documents may be made in another language but must be translated into Vietnamese as State administration of rights to plant varieties require : a) the authoritative Paper;
b) documents proving the right to registration;
c) documents proving the priority right;
d) other documents to support the application.
3. Documents proving the right of priority of the application protection of rights to plant varieties include: a single or single copy) was first certified by the agency receiving the application;
b) Paper transfer, inheritance, inheritance right of priority, if the rights which are beneficiary from others.
4. Each just posted k Italy for a seed.
Article 175. Receiving the application for protection, filing date 1. The application for protection was only State administration of rights to plant varieties when receiving the documents specified in clause 1 Article 174 of this Act.
2. The date of filing is the date the application to the State administration of rights to plant varieties that receive.
Article 176. Single form assessment registered 1. State administration of rights to plant varieties single form assessment within a period of fifteen days from the date of receipt to determine the validity of the application.
2. The application for protection be considered invalid in the following cases: a Single) does not meet the requirements of the prescribed form;
b) plant varieties indicated in the application are not in species of plants in the plant species are protected;
c) due to people not authorized to sign k Italy, including filing the case right to post in many organizations, the idea of k individuals, but one or more of which does not agree to the posted k Italy. 3. State administration of rights to plant varieties perform the following procedures: a) the announcement refused to accept invoices with respect to the cases specified in point b and point c of paragraph 2 of this article, which stated the reason refuse;
b) notify the respondent k Italy overcome the shortcomings in the case stipulated in art. 2 this and determine within thirty days from the date of the notice, the respondent k Italy must overcome the shortcomings;
c) notice refuse to accept the application, if the respondent k Italy didn't fix the flaws or no comments for opposing notification defined in point b of this paragraph;
d) announced acceptance of the application, ask the person who posted the same samples to Italy sent k basis assay to assay technique and perform the procedure specified in article 178 of this Act if a valid application or the respondent k Italy overcome lack requirements or comments for opposing notification defined in point b of this paragraph.
Article 177. Publish the application of protection 1. The case is accepted, the State administration of rights to plant varieties declared valid on single journals about seed within ninety days from the date of application was accepted.
2. content announced includes single single number, filing date, agent (if any), the respondent k, owner, name, cultivar, planting trees, single-day name is accepted as valid.
Article 178. Evaluation of content protection application 1. State administration of rights to plant varieties for single content evaluation is recognized as valid. Content of evaluation include: a) the new and verify its proper names of plant varieties;
b) assay results evaluation techniques for plant breeding.
2. assay technique is to conduct experiments to determine the distinctiveness, homogeneity and stability of the cultivars.
The assay technique by the competent State bodies or organizations and individuals have the capacity to conduct seed assay performed according to the regulations of the Ministry of agriculture and rural development.
State administration of rights to plant varieties may use technical assay results have been there before.
3. The time limit for the evaluation results the assay technique is ninety days from the date of the results assay techniques.
Article 179. Modify, supplement the application of protection 1. Before the State administration of rights to plant varieties notified rejection level by protection of plant varieties or the decision granting protection to plant varieties, registered users have the following rights: a) modified, single supplement but not alter the nature of the application for protection;
b) requested recorded change the name, the address of the respondent k, Italy;
c) requested recorded change the posted k Italy due to transfer of contract or single inheritance, inheritance;
2. The request to implement the procedures specified in paragraph 1 of this article to pay the fees.
Article 180. Withdrawal of the application for protection 1. Before the State administration of rights to plant varieties decision to grant or refuse to grant Equal protection to plant varieties, registered users have application rights protection. Single withdrawal request must be made in writing.
2. From the time of the respondent k Italy withdraw registered, all subsequent procedures relating to that application was terminated; the fees, the fees submitted related to the procedure has not yet started to be refunded at the request of the respondent k Italy. Article 181. The third people's opinions about the degree of protection of cultivars from the date of the application for protection of cultivars is published on journals of crop varieties to before the decision to grant Equal protection to plant varieties, any third person would also have the right to have opinions about the degree of protection of cultivars with State administration of rights to plant varieties. comments must be made in writing and accompanied by the documentary evidence.
Article 182. Denied by the protection of plant varieties protection application rejected granting protected plant varieties in the case of seed not satisfying the conditions specified in article 176 and 178 of this Act. In case of refusal to grant Equal protection to plant varieties, the State administration of rights to plant varieties perform the following procedure: 1. Notification of intended refusal granting protection to plant varieties, which must clearly state the reason and fix the time limit for the posted k Italy overcome the omissions or comments opposed the plan to refuse;
2. Notice of refusal issued by the protection of plant varieties if the respondent k Italy didn't fix the flawed and there is no authoritative opinion opposes plan to reject the provisions in clause 1 of this article;
3. Perform the procedure specified in article 183 of this Act, if the respondent k Italy overcome the omissions or comments for oppose plan to reject the provisions in clause 1 of this article.
Article 183. Degree of protection of cultivars in the case of the application for protection is not being refused under the provisions of article 182 of this Act and the respondent k Italy pay, the State administration of rights to plant varieties decision granting protection to plant varieties and recorded on a national register of protected plant varieties.
Article 184. The complaint the granting or refusing to grant Equal protection to plant varieties

1. The respondent k Italy and any third person would have the right to appeal the decision to grant or refuse to grant Equal protection to plant varieties.
2. The complaint resolution decision to grant or refuse to grant Equal protection to plant varieties are made according to the provisions of the law on complaints and denunciation.
Chapter XIV the CONTENT and LIMITATION of RIGHTS to PLANT VARIETIES CONTENTS section 1 RIGHTS to SEED Article 185. Copyright the author cultivars cultivars have the following rights: 1. To be credited with the name of the author in Equal Protection of plant varieties, a national register of protected plant varieties and in the material published on the seed;
2. Receive remuneration as defined in art. 191 Articles of this law.
Article 186. Rights of the owner with protection 1. Server protected by the right to use or allow others to use the following rights related to breeding material of protected varieties: a) the production or breeding;
b) processing for the purpose of breeding;
c) touted;
d) Sell or make other market access activities;
DD) export;
e);
g) retained to perform the acts prescribed in points a, b, c, d, e and e clause.
2. To prohibit others from using the same plant as defined in Article 188 of this Act.
3. In order to inherit, inheritance rights to plant varieties and transfer of rights to plant varieties in accordance with Chapter XV of this law.
Article 187. Expanding the rights of the owner of Rights protected by the equal protection is extended for the following crops: 1. Seed derived from plant varieties are protected, except plant varieties are protected is derived from a plant varieties have been protected.
Plant varieties are considered to be derived from protected varieties if plant breeding that still retain the expression of the trait is mainly obtained from the genotype or combination of genotypes of the protected varieties, except the difference is a result of the impact on protected varieties;
2. Plant varieties not clearly distinct cultivars were protection;
3. Seed that production requires the repeated use of crop varieties have been protected.
Article 188. Infringement rights to seed The following behaviors were considered to violate the rights of owners of protected by the: 1. Extraction, using the rights of the owner by protectionism without permission of the owner by protectionism;
2. Use the names of cultivars that are identical or similar to that name with the name of the cultivar was protection for plant varieties of the same species or closely related species with cultivars have been protected;
3. Use plant varieties have been protected without paying compensation according to the provisions of article 189 of the law.
Article 189. Temporary rights to plant varieties 1. Temporary rights for plant varieties is the right of the registered plant varieties resulting from single day registered cultivars are published to date by the protection of plant varieties. In the case of plant varieties are not protected By the registered person does not have this right.
2. In the case of subscribers know the cultivar being registered to other people using the commercial purpose of the registered plant varieties have the right to written notice to users about filed registered cultivars, which specify the filing date and the date on which the application for protection of cultivars is published to that person ended the use of cultivars or continued use.
3. In the case have been notified under the provisions of clause 2 of this Thing that people notice continue using plant seeds then By seed protection granted by protectionism, the owner has the right to ask people who have used the cultivar must pay compensation equivalent to the price of the transfer of rights to use crop varieties which in scope and timelines use respectively.
Section 2 LIMITATION of RIGHTS to PLANT VARIETIES Article 190. Limiting the right of equal protection to plant varieties 1. The following acts are not considered to infringe the rights to plant varieties protected: a) use seed serves the needs of personal and non-commercial;
b) use crop varieties bred for purposes of scientific research;
c) using plant breeding to create new crop varieties with different plant varieties have been protected;
d) Households producing individuals using the product harvested from plant varieties are protected to self bred and cultivated for service on land.
2. Rights to plant varieties cannot be applied to acts related to the material of plant varieties are protected by the server by protectionism or who are protected by the owners for permission to sell or otherwise give Vietnam market or foreign markets, except the following behavior : a) related to the next seed multiplication;
b) involve an export of material of plant varieties capable of breeding on the water no protection to the genus or species of the plant that, except in cases of export of materials aimed at consumers.
Article 191. Obligations of the owner by protectionism and the creator plant seeds 1. Home by protectionism has the following obligations: a) paying for the author seed under the agreement; the absence of the agreement, the level of compensation must comply with the provisions of the law;
b) pay annuity by the protection of plant varieties under the provisions;
c) retention of plant varieties are protected, providing breeding material of plant varieties are protected for State administration of rights to plant varieties and to maintain the stability of plant varieties are protected by regulations.
2. The author seed has the obligation to help the server by maintaining protection of breeding material of plant varieties are protected.
Chapter XV TRANSFERRED RIGHTS to the CULTIVAR Article 192. Transfer of right to use crop varieties 1. Transfer of right to use plant varieties are protected by the allow other people to perform one or more of the behavior in the user rights for plant varieties.
2. where the right to use crop varieties in co-ownership, then the transfer of use rights to others must be the consent of all the owners.
3. The transfer of right to use plant varieties should be made in the form of a contract in writing.
4. The contract of transfer of right to use plant varieties were not there the terms unreasonable restriction of the right to transfer the right to use, especially the non-restrictive terms derived from the right of the parties to transfer the right of use for the respective cultivars or not in order to protect those rights.
Article 193. Rights of the parties in the agreement to transfer rights of use 1. Transfer of right to use the party has the right to allow or not allow receiver to transfer the right to use to transfer the right of use to a third party.
2. Right to transfer the right to use has the following rights: a) transfer rights of use to third parties, if the parties over the use of the permit;
b) require the party delivered right to use implementation of the necessary measures to combat the infringement of third-party damage for himself;
c) taking necessary measures to prevent the infringement of a third party, if within a period of three months from the date of receiving the request to transfer the right to use the party to not perform the request specified in point b of this paragraph.

Article 194. Assignment of rights to plant varieties 1. Assignment of rights to plant varieties are protected by the seed the entire transfer rights to seed it for the assignee. Party assignee becomes the owner with protection of plant varieties from the date of the contract of assignment is registered at the State administration of rights to plant varieties according to the procedure prescribed by law.
2. in case of rights to plant varieties belonging to the co-owners, the assignment to another person must be the consent of all the owners.
3. The transfer of rights to plant varieties should be made in the form of a contract in writing.
Article 195. The base and the conditions required to transfer the right to use the seed 1. In the following cases, the right to use the seed to be delivered to the Organization, other individuals at the discretion of the competent State bodies specified in paragraph 1 to article 196 of this law without the consent of the owner or the person protected by the owner with protection of exclusive rights transfer (hereinafter the person holding exclusive rights to use the plant planting): a) the use of crop varieties aimed at public, non-commercial, serving the needs of Defense, security, food security and nutrition for the people or to meet the urgent needs of society;
b) Who have the need and the capacity to use plant varieties does not reach agreement with the monopoly use of cultivars on the signing of the contract using the seed though in a reasonable time was trying to negotiate with prices and commercially satisfactory conditions;
c) who exclusively use plant varieties considered to perform acts restricted competition is prohibited under the provisions of the law on competition.
2. Who exclusively use the cultivar has the right to request termination of right to use when transferring the bases stipulated in paragraph 1 of this article no longer exist and are not likely to reappear on the condition that the termination of the right to use that does not cause damage to the person is transferred the right to use.
3. Rights to use plant varieties that are transferred by decision of the competent State bodies must conform to the following conditions: a) the right to use the delivered is not exclusive;
b) use rights are transferred are only limited in scope and duration sufficient to meet the purpose of the transfer and mainly to supply the domestic market, except in cases specified in point c of paragraph 1 of this article;
c) Who transferred the right to use non-transferable rights to another person, except in the case of transfer along with its business base and not be transferred to the secondary use rights to others;
d) Who transferred the right to adequate compensation use for people holding exclusive rights to use plant varieties depending on the economic value of the right to use it in each specific case, fit the frame price compensated by government regulations.
4. The Government specifies the cases required the transfer of use rights for plant varieties and framing the compensation specified in point d of paragraph 3 of this article.
Article 196. Competence and procedure of transfer of right to use crop varieties according to the decisions required 1. The Ministry of agriculture and rural development issued the decision to transfer the right to use crop varieties in the field of governance on the basis of the review request is transferred the right of use for the case prescribed in clause 1 Article 195 of this law.
Ministries, ministerial-level agency issued the decision to transfer the right to use crop varieties in the field of governance on the basis of a consultation of the Ministry of agriculture and rural development for the case prescribed in clause 1 Article 195 of this law.
2. The decision to transfer the right to use crop varieties to determine the scope and the conditions of use conform to the rules in paragraph 3 Article 195 of this law.
3. the competent State authorities decided to transfer the right to use the seed must immediately notify who exclusively use the seed of that decision.
4. The decision to transfer the right to use seed or decline the transfer of right to use plant varieties may be complaining, being litigated under the provisions of the law.
5. The Government specifies the procedure of transferring the use rights for plant varieties prescribed in this Article.
Article 197. Rights of the owner by protectionism in the case forced the transfer of the right to use the seed Server by using the protection required to transfer the right to use crop varieties have the following rights: 1. To receive compensation corresponding to the economic value of the right to use it or the equivalent price of transferring right to use under the contract and the corresponding duration range;
2. The request of the State Agency on the rights for plant varieties to modify, suspend, cancel the validity of the compulsory transfer of right to use when the condition leads to the transfer that has ended and the modification, rescission, suspension of the effect that does not cause damage to the person who delivered the required user rights.
PART in PROTECTING INTELLECTUAL PROPERTY RIGHTS Chapter XVI GENERAL PROVISIONS on the PROTECTION OF INTELLECTUAL PROPERTY RIGHTS Article 198. The right to protection 1. The subject of intellectual property rights has the right to apply the following measures to protect its intellectual property rights: a) the technological measures to prevent infringement of intellectual property rights;
b) requesting organizations, individual acts infringing the intellectual property rights to terminate the infringement, the main public apology, compensation for damage;
c) require competent State agencies handle infringement of intellectual property rights under the provisions of this law and the provisions of the relevant legislation;
d) sue out to court or arbitration to protect their legitimate interests.
2. organizations and individuals who suffer losses because of infringement of intellectual property rights or infringement of intellectual property rights to harm consumers or for society to have the right to request the competent State agencies handle infringement of intellectual property rights under the provisions of this law and the provisions of relevant laws.
3. organizations and individuals who suffer damage or are likely to suffer losses because of unfair competition acts have the right to request the competent State agencies apply civil measures prescribed in article 202 of this Act and the administrative measures according to the provisions of the law on competition.
Article 199. Measures to handle infringement of intellectual property rights 1. Organization, individual acts infringing the intellectual property rights of organizations, individuals and others depending on the nature and extent of infringement, may be dealt with by civil, administrative or criminal.
2. where necessary, the competent State agencies may adopt provisional measures, measures to control the export, import of goods related to the intellectual, preventive measures and ensure the administrative sanctions under the provisions of this law and the provisions of relevant laws.
Article 200. Competent handling of infringement of intellectual property rights 1. Within the scope of its powers, duties, the court authorities, inspection, market management, customs, public security, the people's Committee is the competent handling of infringement of intellectual property rights.

2. The application of civil remedies, criminal jurisdiction of the courts. In case of necessity, the Court may apply the provisional measures prescribed by the law.
3. The application of administrative measures under the authority of the inspection agency, the public security, customs, market management, the people's Committee. In case of need, the Agency can adopt preventive measures and to ensure administrative sanctions as provided by law.
4. The application of measures to control the export, import of goods related to intellectual property under the control of the customs authority.
Article 201. The assessment of intellectual property 1. The assessment of intellectual property is the Organization, individuals are authorized to use the knowledge, professional expertise to reviews, conclusions about the issues related to the infringement of intellectual property rights.
2. the State bodies are competent to handle infringement of intellectual property rights has the right to referendum on intellectual expertise when tackling the incident which you are accepting.
3. The subject of intellectual property rights and other private organizations concerned have the right to require the assessment of intellectual property to protect the rights and legitimate interests.
4. The Government specifies inspection activities on intellectual property.
Chapter XVII of HANDLING INTELLECTUAL PROPERTY RIGHT INFRINGEMENT by Article 202. The civil courts to apply civil measures to handle the Organization, individuals with infringement of intellectual property rights: 1. Forced termination of the infringement;
2. Forcing the main apology openly;
3. Enforce the civil obligations;
4. Binding compensation;
5. Forced destroyed or forced distribution or put into use not intended for commercial goods, raw materials, materials and vehicles are used primarily for the production and trading of goods infringing intellectual property rights with the condition does not affect the ability to harness the power of the subject of intellectual property rights.
Article 203. Rights and obligations of proof 1. The plaintiff and the defendant in the lawsuit violated intellectual property rights have the right and obligation to demonstrate according to the provisions of article 79 of the code of civil procedure and as prescribed in this article.
2. The plaintiff proves himself to be the subject of intellectual property rights by one of the following evidence: a) a copy of the certificate of registration of copyright, a certificate of registration of related rights, the degree of protection; a book published excerpts k Italy country on copyright, related rights, national registry of industrial property, the shared national Italian registered plant varieties are protected;
b) the evidence needed to prove the base arise of copyright and related rights in the absence of the certificate of registration of copyright, a certificate of registration of related rights; the evidence needed to prove the rights to trade secrets, trade names, famous brand;
c) a copy of the contract of use of the intellectual property object in the case of rights of use to be delivered under the contract.
3. The plaintiff must provide evidence of infringement of intellectual property rights or acts of unfair competition.
4. In the lawsuit about infringing rights to patent is a process for manufacturing the product, the defendant must prove the products are manufactured according to a process different from the process are protected in the following cases: a) the product is produced according to the process of new product protection;
b) products are produced according to the process is not a new product but the owner of the patent for that product because of the defendant's production process are protected and although have used appropriate measures but still could not identify the defendant due process to use.
5. In the case of a party in the litigation of intellectual property rights infringement to prove proper evidence to prove their claims of being on the other side of control because it could not access the reserves asked the Court to compel evidence control side must give evidence of that.
6. In the event of a claim for damages, the plaintiff must prove actual damage has occurred and determining the levels of compensation under the provisions of article 205 of this law.
Article 204. Principle of determining the damage caused by the infringement of intellectual property rights 1. Damage caused by the infringement of intellectual property rights include: a) physical damage including the loss of assets, declining levels of income, profits, loss of business opportunities, more affordable to prevent, remedy the damage;
b) mental damage including the loss of honor, dignity, prestige, reputation and other mental losses caused to the author of a work of literature, art, science; the performers; the author of the invention, industrial designs, layout designs, plant breeding.
2. The extent of the damage is determined on the basis of the fact that the intellectual property rights subject to suffer due to the infringement of intellectual property rights.
Article 205. Determining the level of compensation for damages resulting from infringing the intellectual property rights 1. In case the plaintiff prove infringement of intellectual property rights has caused damage to the material yourself, then have the right to ask the Court to decide the level of compensation in one of the following bases: a) Of physical damage in money plus the profits that were gained by the implementation of infringement of intellectual property rights If decreasing profits of the plaintiff has not been calculated in the total physical damage;
b) Reviews the transfer rights to use intellectual property objects to assume the defendant is the plaintiff transferred the right to use it under contract to use intellectual property objects in the scope corresponding to the infringement was made;
c) in no case may determine the level of compensation of the material according to the bases specified in point a and point b of this paragraph, the level of compensation of the material due to the fixed Court, depending on the extent of damage, but not exceeding five hundred million.
2. In case the plaintiff prove infringement of intellectual property rights has caused mental damage yourself, then have the right to ask the Court to decide the level of compensation in the limit from five million to fifty million, depending on the extent of the damage.
3. In addition to compensation for damage provided for in paragraph 1, item 2 of this Article, the subject of intellectual property rights has the right to ask the Court to compel the Organization, individuals with infringement of intellectual property rights must pay the reasonable costs to hire lawyers.
Article 206. The right to request the Court to apply provisional measures 1. When sue or after the petitioner, the subject of intellectual property rights has the right to ask the Court to apply provisional measures in the following cases: a) is in danger of happening to be irreparable damage to the subject of intellectual property rights;
b) goods suspected of infringing intellectual property rights or evidence related to the infringement of intellectual property rights are at risk or being riveted pipe destroyed if not protected in time.
2. The Court decided to adopt provisional measures at the request of the intellectual property rights subject to the provisions in clause 1 of this article before you hear the comments of the parties were to apply that measure.
Article 207. Provisional measures 1. Provisional measures are applied with respect to goods suspected of infringing intellectual property rights, raw materials, materials, means of production, business goods which: a) seized;
b) levy;

c) sealed; prohibits changing the status quo; prohibited move;
d) Prohibits the ownership transition.
2. provisional measures were imposed under the provisions of the code of civil procedure.
Article 208. The obligation of the person required to apply provisional measures 1. The requester applied provisional measures has the obligation to prove the right to claim under the provisions of paragraph 1 to article 206 of the law by the documentary evidence prescribed in clause 2 Article 203 of this Act.
2. The request to apply provisional measures has the obligation to compensate for damage caused to the person being applied measures in case he/she does not infringe intellectual property rights. To ensure the implementation of this obligation, the person asked to apply provisional measures must file account secured by one of the following forms: a) the amount equal to 20% of the value of goods need to apply provisional measures or the minimum of twenty million if unable to determine the value of the goods;
b) certificate from the guarantee of a bank or other credit organization.
Article 209. Cancel the application of provisional measures 1. The Court decision to revoke provisional measures have been applied in the case prescribed in clause 1 Article 122 of the code of civil procedure and in case people were applying provisional measures demonstrate the application of provisional measures is not grounded.
2. In case of cancellation of the provisional measures, the Court must consider to return for the applicable request provisional remedies account guarantees prescribed in clause 2 Article 208 of this Act. In case the requested measures temporary emergency no authoritative base and cause damage to the person is applying provisional measures the Court forced the claim to compensation.
Article 210. The authority, the procedure applied provisional measures jurisdiction, procedure for applying provisional measures made under the provisions of Chapter VIII, part one of the code of civil procedure.
Chapter XVIII HANDLED INFRINGING the INTELLECTUAL PROPERTY RIGHTS by CRIMINAL and ADMINISTRATIVE REMEDIES, CONTROL the EXPORT and import of GOODS RELATED to the INTELLECTUAL PROPERTY Items 1 HANDLE INTELLECTUAL PROPERTY RIGHTS VIOLATIONS by ADMINISTRATIVE and CRIMINAL MEASURES Article 211. Infringement of intellectual property rights was the administrative sanctions 1. The infringement of intellectual property rights hereinafter sanctioned Administration: a) make infringement of intellectual rights to harm consumers or for society;
b) Not terminated the infringement of intellectual property rights even though has been the subject of intellectual property rights notice in writing requesting the termination of the Act;
c) manufacturing, importing, transporting, trafficking in counterfeit goods of intellectual property under the provisions of article 213 of this law or delegated to others made this behavior;
d) manufacture, import, transport, traders bearing a trademark or geographical indication identical or similar to the point of confusion with trademarks, geographical indications are protected or delegated to others made this behavior.
2. specific provisions about government infringement on intellectual property rights sanctioned, forms, administrative fines and sanctions procedure acts.
3. organizations and individuals who perform acts of unfair competition on intellectual property, the sanctioned administrative offense under the provisions of the law on competition.
Article 212. Infringement of intellectual property rights dealt with individual criminal acts infringing the intellectual property rights are essential elements constituting the crime of prejudice criminal responsibility according to the provisions of the criminal law.
Article 213. Counterfeit goods of intellectual property 1. Fake goods on intellectual property under the provisions of this law include fake brand goods and fake geographical indications (hereafter referred to as fake brand goods) the provisions in paragraph 2 of this Article and piracy goods specified in paragraph 3 of this article.
2. The goods are fake branded goods, packaging of goods with trademarks, signs of infection or hard to distinguish trademarks, geographical indications are protected uses for the item without permission of the owner of the trademark or of the governing geographical indications.
3. The goods are pirated copy is the copy to be produced without permission of the owner of copyright or related rights.
Article 214. The administrative sanctions and remedial measures 1. The Organization, individuals perform acts infringing the intellectual property rights provided for in paragraph 1 to article 211 of this law was forced to terminate the infringement and apply one of the following sanctions: a) caution;
b) fine.
2. Depending on the nature and extent of invasion, the hosted, personal intellectual property rights infringement can be applied one or the additional sanctions: a) confiscated counterfeit goods of intellectual, material, material, vehicles are mainly used to produce , fake goods business on intellectual property;
b) duration suspension of business activities in the field of infringement has occurred.
3. In addition to the sanctions provided for in paragraph 1 and paragraph 2 of this article, the Organization, the individual intellectual property rights infringement can be applied one or remedial measures: a) the Forced culling or distribute or use for commercial purposes not for fake goods on intellectual , raw materials, materials and vehicles are used primarily for the production and trading of fake goods on the condition that intellectual property does not affect the ability to harness the power of the subject of intellectual property rights;
b) Forcibly taken out of Vietnam territory for transit of goods infringing intellectual property rights or forced back against fake goods on intellectual property, vehicles, raw materials, imported materials are mainly used to produce counterfeit goods business on intellectual property after you have removed the offending elements on the goods.
4. The level of the fines specified in point b of paragraph 1 of this article is at least equal to the value of the goods was detected violations and most do not exceed five times the value of the goods breach was detected.
The Government specifies how to determine the value of the goods violate.
Article 215. The preventive measures and ensure the administrative sanctions 1. In the following cases, organizations, individuals have the right to request the competent authority to apply preventive measures and ensure the administrative sanction prescribed in clause 2 of this: a) the infringement of intellectual property rights at risk of causing serious harm to consumers or to the society;
b) exhibits breach risk spreads or individual pipe, held in violation is evading responsibility;
c) To secure the enforcement of the decision sanctioning administrative violations.
2. Preventive measures and ensure the administrative sanctions to be imposed under the administrative procedure for infringement of intellectual property rights include: a) detain the person;
b) the custody of goods, exhibits, the media breached;
c) Examination;
d) Examined vehicles, objects; visit the hiding place, goods, exhibits, means of infringement on intellectual property;
DD) measures preventing other administration under the provisions of the law on the disposal of operational administrative violations.
Section 2 CONTROL the EXPORT and import of GOODS RELATED to INTELLECTUAL Article 216. Measures to control the export, import of goods related to intellectual property 1. Measures to control the export, import of goods related to intellectual property, including:

a) pause do customs procedures for goods suspected of infringing intellectual property rights;
b) test, monitoring to detect signs of goods infringing intellectual property rights.
2. Pause the customs procedures for goods suspected of infringing intellectual property rights is being conducted at the request of the subject of intellectual property rights in order to collect information and evidence about the shipment to the subject of intellectual property rights made the request handling rights infringement of rights and the requirement to apply the temporary emergency measures time or other preventive measures and ensure the administrative sanctions.
3. check monitoring to detect signs of goods infringing intellectual property rights is conducted according to the recommendations of the subject of intellectual property rights in order to gather information to make the right to request measures halted customs procedures.
4. In the process of implementation of the measures prescribed in clause 2 and clause 3 of this article, if detected fake goods on intellectual property under the provisions of article 213 of this law, the Customs authorities have the right and the responsibility to adopt administrative measures to handle according to the provisions of article 214 and 215 of the law Thing.
Article 217. The obligation of the person required to apply measures to control the export, import of goods related to intellectual property 1. The requester applied control measures, import export goods involving intellectual property has the following obligations: a) prove themselves is the subject of intellectual property rights by the documentary evidence prescribed in clause 2 Article 203 of this Act;
b) provide sufficient information to determine the of goods suspected of infringing intellectual property rights or to detect signs of goods infringing intellectual property rights;
c) apply to the customs authority and the submission of fees prescribed by law;
d) compensation and the payment of the costs incurred for applying control measures in case of non-controlled goods infringing intellectual property rights.
2. To guarantee the implementation of obligations specified in point d of paragraph 1 of this article, the requesting measures pause do customs have to submit account secured by one of the following forms: a) the amount equal to 20% of the value of the shipment should adopt measures to halt the procedure of customs or the minimum of twenty million if unable to determine the value the shipment;
b) certificate from the guarantee of a bank or other credit organization.
Article 218. The procedure of applying measures to halt making customs procedures 1. When the person asked to pause to do customs have to fulfill the obligations stipulated in article 217 of this Act, the Customs authorities a decision to pause to do customs procedures for the shipment.
2. The time limit for temporary stop making customs procedures is ten working days from the date of the decision. In case the requested pause there is reason then this time limit may be extended, but not exceeding twenty days with the condition that the requested pause customs must submit the additional guarantees provided for in paragraph 2 to article 217 of this Act.
3. At the end of the time limit specified in paragraph 2 of this Article that the requested pause do not sue the Customs and the Customs does not decide the case according to the procedures of handling administrative violations with regard to the export, import and export shipments, the customs authority has the following responsibilities : a) continue to make customs procedures for the shipment;
b) force the pause request customs procedures to compensate for the entire shipment for damages due to the pause request customs do not right cause and must pay the cost of storing, storage of goods and other costs incurred for customs authorities and bodies , organizations, and individuals concerned in accordance with the customs legislation;
c) returned to the person who asked to pause to do customs guarantee amount left after having done the compensation obligation and pay the costs specified in point b of this paragraph.
Article 219. Check monitoring to detect signs of goods infringing intellectual property rights in the case of the subject of intellectual property rights are recommended to check, monitor to detect signs of goods infringing intellectual property rights then discovered the shipment signs infringe the intellectual property rights , the customs must immediately notify that person. Within three working days from the date of the notice, if the proposal does not require pause for customs clearance of the shipment was discovered and the customs authority does not decide to consider adopting administrative handling measures prescribed in Articles 214 and 215 of the Law Things Customs is responsible for continuing to make customs procedures for PARTIAL shipment FRIDAY ENFORCEMENT PROVISIONS Article 220. Transitional provisions 1. Copyright and related rights are protected under the provisions of the laws in force before the day this law is in effect, if the longer term of protection on the date this law take effect shall be further protected by the provisions of this law.
2. The application of copyright and related rights, patents, utility solutions, industrial designs, trademarks, designations of origin of goods, design layouts, plant varieties that have been submitted to the competent authority before the date of effect of this Law was further processed according to the provisions of the laws in force at the time of filing.
3. all rights and obligations according to the degree of protection to be granted under the provisions of the law in force before the day this Act is in effect and the procedure for the maintenance, renewal, amendment, transfer of rights of use, transfer of ownership, disputes relating to the degree of protection that is applied under the provisions of this law except the base regulations to cancel the effect of the degree of protection shall apply only to the provisions of the laws in force at the time of granting the degree of protection.
4. Trade secrets and commercial names that already exist and are protected by Decree No. 54/2000/ND-CP dated 3 October 2000 from the Government for the protection of industrial property rights with regard to business secrets, geographical indications, trade names and rights-protection against unfair competition in relation to industrial property continued to be protected under the provisions of the law This time.
5. Since the day this law is in effect, the geographical indications, including geographical indications are protected under Decree stipulated in clause 4 of this protection only after it has been registered under the provisions of this law.
Article 221. Effect of this Law has effect from 1 July, 2006.
Article 222. Guiding the implementation of the Government of the Supreme People's Court, detailing and guiding the implementation of this law.
This law was the National Assembly of the Socialist Republic of Vietnam tags XI, session 8 through November 29, 2005.