The DECREE detailing and guiding the implementation of some articles of the law on intellectual industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
The civil code base on Jun. 14, 2005;
Pursuant to the law on intellectual property on November 29, 2005;
Considering the recommendation of the Minister of science and technology, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of the provisions of the law on the intellectual establishment, subject, content, limited to industrial property rights, transfer of ownership of industry, industrial property agent and measures to promote industrial property activities.
Article 2. Application object 1. Individuals, legal entities and other entities of civil law (hereafter referred to collectively as organizations, individuals).
2. organizations, foreign individuals meet the conditions for the protection of industrial property rights in Vietnam under the international treaties to which Vietnam is a member.
International treaties specified in this paragraph include: a) the Paris Convention for the protection of industrial property in 1883, revised 1967 (hereinafter referred to as "the Paris Convention");
b) Vietnam-trade agreements the United States in 2000;
c) agreement on intellectual property rights protection and cooperation in the field of intellectual property of Vietnam-Switzerland 1999;
d) agreement on the trade-related aspects of intellectual property rights (TRIPS Agreement) in 1994, since Vietnam became a member of the World Trade Organization;
DD) other international treaties related to the protection of industrial property rights to which Vietnam is a member.
Article 3. Responsible for managing the State on industrial property 1. The Ministry of science and technology has the following responsibilities in the administration of industrial property: a) construction, the implementation of strategies and policies for the protection of industrial property rights;
b) issued, the issuing authority, the implementation of the law on industrial property;
c) holds the system implementers state management functionality of industrial property;
d) guidance, training organizations, fostering professional service of industrial property;
DD) Organization made establishing industrial property rights, sign the contract transferring ownership of industry and perform other procedures related to the degree of protection of industrial property rights;
e) made the right to compel the transfer of the right to use the invention as defined in article 147 of the intellectual property Law;
g) chairing or coordinating the implementation of measures to protect the rights, legitimate interests of organizations, individual, State and society in terms of industrial property;
h) operations management industrial property examiner; Appraiser card of industrial property;
I) testing, inspection of the observance of the law on industrial property; complaints, accusations and handle breach of the laws on industrial property;
k) organize information, statistics on industrial property; 
l) implementation of education, advocacy, dissemination of knowledge, policy, and legislation of industrial property;
m), in collaboration with the Ministry of education and training, the Ministry of Justice to build the training program, training organizations, fostering knowledge, the laws on industrial property;
n) operations management industrial property agent; practising certificate services industrial property agent;
o) international cooperation on industrial property; proposed handling of the issues of dispute between Vietnam and other countries on industrial property.
Intellectual property Bureau is the Agency under the Ministry of science and technology, have the responsibility to help the Minister of science and technology in the implementation of State management of industrial property. The Minister of science and technology specified functions, duties and powers of the Bureau of intellectual property.
2. the people's committees of provinces and cities under central has the following responsibilities in the governance of the local industrial property: a) held a policy, legislation on industrial property;
b) building, and implementation of local regulations on industrial property;
c) Organization of the management system of industrial property activities and implement measures to enhance the effectiveness of that system;
d) organizing advocacy, dissemination of knowledge, policy, industrial property legislation, implementation of measures to promote industrial property activities;
DD) instructions, support organizations and individuals conducting the procedure of industrial property;
e) in coordination with the agencies involved in the protection of industrial property rights and handle breach of the laws on industrial property;
g) testing, inspection of the observance of the law on industrial property, complaint resolution, to report on local industrial property;
h) geographical indications in management;
I) international cooperation on industrial property.
Department of science and technology in the people's committees of provinces and cities under central Government has the responsibility to help the Commission implement the people management functions of State ownership in local industry. The people's Committee of the central cities, specifies the functions, duties and powers of the Department of science and technology.
3. The ministries, ministerial agencies, government agencies are responsible for organizing and directing the implementation of the law on industrial property and manage the industrial property subjects due to his management agency.
Article 4. Calculation of the time limit calculation of time limits in industrial property activities are performed according to the rules on the time limits in Chapter VIII, part one of the civil code.
Article 5. Of fees of industrial property the Ministry of finance, in cooperation with the Ministry of science and technology, regulations and enforcement guidance mode, submission, management and use of fees of industrial property.
Chapter II ESTABLISHMENT of INDUSTRIAL OWNERSHIP article 6. The base, established procedures in industrial property rights 1. Industrial property rights for patent, design layouts, industrial designs, trademarks and geographical indications be established on the basis of the decision of the State Agency on industrial property protection degree level for the applicant to register those objects as defined in Chapter VII , Chapter VIII and Chapter IX of the law on intellectual property. Industrial property rights with regard to the international registration of marks under the Madrid Agreement and the Madrid Protocol was established on the basis of recognition of State administration with regard to the international registration.
2. Industrial Property Rights for famous brands are established on the basis of the practices widely used the mark according to the provisions of article 75 of the law on intellectual property, which does not need to perform the registration procedure.
3. Industrial Property Rights with regard to the commercial name was established on the basis of the practices used the trade name that corresponds to the area (territory) and the business without the implementation of registration procedures.
4. Industrial Property Rights with regard to business secrets are established on the basis of financial investment, intellectual or any legal way to find, create or gain information and confidential information constitutes business secrets that without implementation of registration procedures.

5. The Ministry of science and technology detailed rules about the form and content of the type of industrial property registration prescribed in articles 100, 101, 102, 103, 104, 105, 106, 107 of the law of intellectual, guidelines, procedures for handling invoices, issued by forms of protection, the national registry of industrial property and prescribed forms , the content Gazette of industrial property.
Article 7. The registration of industrial property rights under the international treaties 1. Organizations, foreign individuals meet the conditions for the protection of industrial property rights in Vietnam as defined in article 2 of this Decree may apply registered industrial property in Vietnam under the terms of the Convention or related to international filing procedure.
International treaties specified in this paragraph include: a) International Treaty on patents in 1970, amended in 1984 (hereinafter referred to as the "PCT");
b) Madrid Agreement on international registration of trademarks in 1891, as amended in 1979 (hereinafter referred to as "the Madrid Agreement") and the Protocol relating to the Madrid Agreement of 1989 (hereinafter referred to as "the Madrid Protocol");
c) other international treaties regarding or relating to the international filing procedure which Vietnam is a member, since the time of the start treaties in force with regard to Vietnam.
2. organizations and individuals, Vietnam may apply for international registration of industrial property to request protection of his rights in Vietnam if the international treaty provisions.
Article 8. The right to register the geographical indication of the foreign individuals, foreign organization is subject rights to geographical indications according to the legal provisions of the country of origin has the right to register the geographical indication that in Vietnam.
Article 9. The right to the patent register, industrial designs, layout designs of State 1. In the case of patents, industrial designs, layout designs are created on the basis of the entire investment of State funds, material-technical means, the right to registration of patents, industrial designs, layout designs belong to the State. Organizations, State bodies are delivered right to the owner is responsible for State representative make the right sign.
2. In the case of patents, industrial designs, layout designs are created on the basis of State capital contribution (funding, material-technical means), part of the right to register patents, industrial designs, layout designs corresponding to the ratio which belongs to the State. Organizations, State bodies is part of the State's capital is responsible for State representatives perform the aforementioned registration rights.
3. In the case of patents, industrial designs, layout designs are created on the basis of research collaboration between development organizations, State agencies, organizations and individuals, if in the agreement of cooperation in research-development-not otherwise specified, then a part of patent registration rights industrial design, design layout, corresponding to the percentage contribution of the Organization, government agency in cooperation which, from the State. Organizations, State agencies join research collaboration-developer is responsible for State representative make the right sign.
4. organizations, State authorities exercising the patent register, industrial designs, layout designs specified in paragraph 1, paragraph 2 and paragraph 3 of this article State representatives standing as the degree of protection and make the management of industrial property rights for that object the right part of the assignment, have the right to register patents, industrial designs, layout designs of the State for the Organization, individuals with the condition of the Organization, the individual rights section registered assignee must pay to the State a sum of money or any other reasonable commercial conditions compared with the commercial potential of the invention , industrial designs, layout designs.
Article 10. The right of priority of the patent application, trademark, industrial design priority for single registration of inventions, industrial designs, trademarks, the provisions of article 91 of the law of intellectual property are applied as follows: 1. In the case of the applicant to the patent register, industrial designs trademark, like to enjoy the right of priority under the Paris Convention, the priority of rights required the applicant will be approved if it meets the following conditions: a) the applicant is a citizen or citizens of Vietnam members of the Paris Convention or of residence, have production facilities business in Vietnam, or in the Member State of that Convention;
b) the first was filed in Vietnam or in the Member State of the Paris Convention and which contains the section corresponding to the requirements of the priority rights of patent application, industrial designs, trademarks;
c) registration form is filed within the time limit here since the first filing date: six months for the application to register an industrial design or a trademark registration application, twelve months for the patent application;
d) of the patent application, industrial designs, trademarks, the applicant has clearly enjoyed the priority requirements and have submitted a copy of the first application referred to in point b of this clause in the case filed in foreign countries, among them endorsed by the Agency received the first application;
DD) Filed the required fees enough to enjoy the right of priority.
2. In the case of applicants registered patents, industrial designs, trademarks, like to enjoy priority rights under other treaties, entitled priority requests will be approved if it meets the conditions of the right of priority specified in the Convention.
Article 11. International patent application 1. In this, the "PCT" means the patent application filed under the PCT, including: a) Menu that requires protection in Vietnam, be filed in any of the Member countries of the PCT, including Vietnam (hereinafter the PCT indicated or has chosen Vietnam);
b) be filed in Vietnam, including the required protection in any of the Member countries of the PCT, including Vietnam (hereafter referred to as PCT Vietnam origin).
2. State administration of industrial property considers PCT has chosen or specified Vietnam when the following conditions: a) the applicant conducts patent registration in State Management Agency of industrial property of Vietnam (national phase) according to the provisions of the PCT Treaty within a period of thirty months from the the international filing date or from the priority date (if the applicant requires the enjoyment of the right of priority);
b) Filing of fees of industrial property under the provisions of the law.
3. PCT Vietnam origin must be made in English or in Russian and must meet the requirements for the form and content of the PCT treaty provisions. The applicant may apply for State Management Agency of industrial property or to the International Bureau of the Organization the world intellectual property (WIPO).
4. The Ministry of science and technology detailed rules form, the content, sequence, PCT processing procedures from other countries have appointed or has chosen Vietnam, Vietnam origin PCT Application.
Article 12. International trademark application 1. In this, the "Madrid" is understood as the international registration of marks filed under the Madrid Agreement or the Madrid Protocol, including: a) the petition for protection of trademarks in Vietnam, is derived from the other Member States of the Madrid Agreement or the Madrid Protocol, the following call is the Madrid has appointed Vietnam;
b) petition the trademark protection in other Member countries of the Madrid Agreement or the Madrid Protocol filed in Vietnam, the following call is the Madrid native to Vietnam.

2. After the International Bureau of the Organization the world intellectual property (WIPO) announced, Madrid has assigned Vietnam to be appraised of the content as for the trademark application filed under national.
For an accepted brand protection, State Agency on industrial property protection of the accepted decisions of the trademark international registration and publication in the Official Gazette of industrial property. In the event of the owner's request, the State Agency on industrial property certificate of the international registration of marks are protected in Vietnam.
3. organizations and individuals can make Vietnam the right of international registration of marks under the Madrid Agreement or the Madrid Protocol according to the following rules: a filing under the Madrid Agreement) if the request for protection in the Member States of the Madrid Agreement, the condition was granted the degree of protection of the trademark in Vietnam;
b) filed an application under the Madrid Protocol if the request for protection in member countries of the Madrid Protocol that are not members of the Madrid Agreement, with conditions have applied for trademark registration in Vietnam.
4. For single Madrid native Vietnam, State Agency on industrial property agency is accepting applications.
5. The Ministry of science and technology detailed rules form, the content, sequence, procedure of processing Petition Madrid.
Article 13. Establish industrial property rights on the basis of international treaties about mutual protection recognition 1. In the case of international treaties related to industrial property to which Vietnam is a member of a decree about the protection, acknowledged the ownership of industrial organization, individual members of the industrial property rights of organizations, individuals of the other members are admitted protection in Vietnam.
Industrial property rights are protected within the time limit, consistent with the provisions of international treaties and not perform the registration procedure under the provisions of intellectual property Law.
2. The Ministry of science and technology published all the necessary information related to industrial property rights are acknowledged, protected in Vietnam according to international treaties.
Article 14. Complaints and resolve complaints related to the registration of industrial property rights 1. The applicant and every organization, individuals have rights, benefits directly related to decisions or announcements related to the processing of the application industrial property by the State Agency on industrial property issued a complaint with the State Agency on industrial property or the claims out of court under the provisions of the law intellectual property and related laws. Time limit complaints under the provisions of paragraph 5 of this Article.
2. If the expiry of complaints directly the decision or notification related to industrial property (first complaint) that the complaint is not resolved or if it does not agree with the decision to settle complaints by the Agency, the complainant, who has the right to , the benefits are directly related to the decision have the right to complain to the Minister of science and technology (second complaint) or to sue in the courts. If the expiry of the second complaint resolution outlined in paragraph 5 of this Article, or if it does not agree with the decision to settle complaints by the Minister of science and technology, the complainant, who has the power, the benefits are directly related to the decision have the right to sue in the courts.
3. The content of the complaint must be made by the complaint, which must specify name, address of the complainant; number, the date of signing, the content of the notice or decision complained of; the content of the complaint, argued, citing proof for complaint; the specific proposal about the repair or remove the notice or decision concerned.
4. The right to complain is only done in the time following, not counting the time objective obstacles have prevented the complainant cannot perform appeal rights: a) time first complaint is ninety days from the date the complaint was received or learned of the decision or informed of the processing of the application industrial property;
b) time the second complaint is thirty days from the date of expiry of the first grievance provisions in clause 5 of this that a complaint that is not resolved or from the date the complaint was received or know the complaint resolution decision first. 
5. within ten days from the date of receipt of the complaint relating to the granting, modification, termination, cancellation, renewal of the validity of the degree of protection, who are competent to resolve complaints to the notice accepting or rejecting accepting the complaint, which stated the reason for rejection.
Time limit complaints under the provisions of the law on complaints.
Time modify, supplement the record of the complaint do not count on the time limit for complaint resolution.
6. The order and procedure for resolving complaints made under the provisions of the law on complaints.
Chapter III SUBJECT, content, INDUSTRY OWNERSHIP RESTRICTIONS article 15. The subject of industrial property rights 1. The subject of industrial property rights include the Organization, the individual owner of the industrial property objects specified in article 121 of the law on intellectual or organization, the individual is the owner of the industrial property right transfer, author inventions, industrial designs, layout designs specified in article 122 of the law on intellectual property.
2. In the case of the degree of protection for inventions, industrial designs, layout design, trademarks are granted for many organizations and individuals, as defined in paragraph 3 Article 86, paragraph 5 Article 87 and item 2 Article 90 of law of intellectual and industrial property rights, then, owned jointly by the organizations , that individual. The owners generally make ownership under civil law.
Article 16. The scope of industrial property rights 1. The scope of industrial property rights for inventions, industrial designs, layout design, trademarks, geographical indications are determined according to the scope of protection was noted in the degree of protection.
2. The scope of rights to the trade names are determined by the scope of protection of trade names, including trade name, business sectors and business territory in which the trade name was subject to commercial use of a name. The registration of the name of the organization or individual in the business of business procedures are not considered using that name which is just a condition to the use of names that are considered legal.
3. scope of business secret rights are determined by the scope of the protection of business secrets, including collection of information constitutes business secrets, are arranged in a precise order and full it can get.
4. The subject of industrial property rights is entitled to the rights and perform the obligations under the scope of protection with the conditions prescribed in articles 132, 133, 134, 135, 136, 137 of intellectual property Law.
Article 17. Respect for the right to be established before 1. Industrial property rights can be cancelled or restricted if conflicts with intellectual property rights of other individuals, organizations are established in advance.
2. Ministry of planning and investment to host, in cooperation with the Ministry of science and technology of guiding the business name in the business registration procedures to ensure non-infringement rights to trademarks, trade names, geographical indications were protected before.
Article 18. The author's rights of inventions, industrial designs, layout design

1. the author's personal Rights specified in paragraph 2 to article 122 of the law on intellectual property be protected indefinitely.
2. The right to receive the remuneration of the author provided for in paragraph 3 to article 122 of the law on intellectual property protection during the term of protection of inventions, industrial designs, layout designs.
3. If between the owner and the author has no other agreement, the payment of remuneration must be made no later than thirty days from the date of the owner to receive payment due to the transfer of rights of use or the owner since currency benefit after each use of the invention , industrial designs, layout design; If inventions, industrial designs, layout designs to be used continuously shall each pay not more than six months from the date of the first payment.
4. The Ministry of finance in cooperation with the Ministry of science and technology detailed rules and guidelines defining the money benefit due to the use of inventions, industrial designs, layout designs.
Article 19. Implementation of State ownership with regard to geographical indications 1. The Agency, the Organization has the right to manage the geographic indications prescribed in paragraph 4 to article 121 of the law of intellectual property include: a) the people's Committee of the central cities, where there are geographic areas correspond to the geographical indication in the case of geographical indications in a locality;
b) people's Committee of the central cities, is an authoritative representative of the provincial people's committees, other central cities where the geographical area corresponding to the geographical indication in the case of geographical indication in many localities;
c) organs, organizations are the people's committees of provinces and cities under central authority geographical indication on the condition that the Agency, the organization that represents the interests of all the institutions, individuals are given the right to use the geographical indication under the provisions of paragraph 4 to article 121 of the law on intellectual property.
2. Governing geographical indications be allowed to exercise the owner's rights with respect to geographical indications prescribed in clause 2 Article 123, article 198 of the intellectual property Law.
3. The Ministry of agriculture and rural development, Ministry of fisheries, Ministry of industry, in collaboration with the people's committees of provinces and cities under central determines the type of specialty, the characteristics of the product, the manufacturing process of the specialty of geographic indication bring in the scope of management of the , local branches.
4. the people's committees of provinces and cities under central registration and conduct governing geographical indications used for the local specialties.
Article 20. Test data security the Ministry of health, Ministry of agriculture and rural development, in collaboration with the Ministry of science and technology of guiding the implementation of the security test data in the registration procedure of circulation of products specified in article 128 of the law on intellectual property.
Article 21. Use the object of industrial property 1. Product flow behavior specified in point d of paragraph 1, point b of paragraph 2, point b b point 5 and clause 7 clause 124 Thing of intellectual property Law including sales behaviour exhibited for sale, shipping product.
2. The product is brought to market, including foreign market legally specified in point b of paragraph 2 Article 125 of law of intellectual product is understood by the owner, who transferred the right to use, including the transfer of right to use the discretion required who has the right to use the industrial property objects was brought to market in the country or abroad.
Article 22. Use the invention on behalf of the State the 1. The use of the invention on behalf of the State in order to serve the public interest, non-commercial, serving defense, security, prevention, healing, nutrition for the people or meet the needs of the society as defined in clause 1 Article 133 of the law of intellectual property by the Ministry Ministerial authority, make or specify the Organization, individuals perform on the basis of the decision required the transfer of the right to use the invention as defined in art. 145 Articles and paragraphs of the two paragraph 1 Article 147 of law of intellectual property.
2. The procedure of issuing mandatory decisions to transfer the right to use the invention in the case of use of the invention on behalf of the State to follow the regulations of the Ministry of industry management.
Article 23. The obligation to use the invention 1. When the needs of Defense, security, prevention, healing, nutrition for the people or the other urgent needs of society that people assumed the exclusive use of the invention does not fulfill the obligation of producing products that are protected or application processes are protected in Vietnam to meet the needs of that prescribed in paragraph 1 to article 136 and 142 Article 5, paragraph of intellectual property Law, the Ministry of science and technology can allow organizations and individuals to use the invention on the basis of the decision required the transfer of the right to use the invention as defined in point b of paragraph 1 to article 145 of the first paragraph and paragraph 1 Article 147 of law of intellectual property.
2. In case the needs of Defense, security, prevention, healing, nutrition for the people or the other urgent needs of society are met by imported products, products used by the receiving party the transfer of patents according to the contract, the person holding the exclusive use of the invention is not service products are protected or applied rules the protection provided for in paragraph 1 of this article.
Chapter IV TRANSFER of INDUSTRIAL PROPERTY RIGHTS article 24. The price to compensate for patent use rights were transferred by decision required 1. The price to compensate for patent use rights were transferred by decision required specified in point d of paragraph 1 Article 146 of the Laws on intellectual property are defined according to the economic value of the use rights are transferred, on the basis of consideration of the following factors: a the transfer Price) the right to use the invention under the contract;
b) investment expenditure to create inventions, which are considered part of funding are supported from the State budget (if any);
c) profits are due to the use of the invention;
d) time remaining effect of degree of protection;
required level) of the transfer of the right to use the invention;
e) other factors directly decide the economic value of the use rights are transferred.
2. Reviews the compensation does not exceed 5% of the net selling price of the product is produced according to the invention, provided that guarantees the principle of prescriptions in paragraph 1 of this article.
3. the competent authority a decision required the transfer of the right to use an invention might formed valuation Council or referendum examiner to determine compensation rates specified in paragraph 1 of this article.
Article 25. The profile and the procedure for the transfer of the right to use the invention under a compulsory decision 1. The Ministry of science and technology detailed rules about the form and content of records requested are transferred the right to use the invention as defined in clause 1 Article 147 of law on intellectual property, except for the provisions in paragraph 2 of this Article; regulations and implementation procedure for receiving and processing a request is transferred the right to use the invention.
2. The Ministry of health, Ministry of agriculture and rural development, in collaboration with the Ministry of science and technology of guiding the implementation, implementation of procedures required to transfer the right to use the invention and use of the patents on behalf of the State to ensure the needs of health and nutrition for the people.
Article 26. Records and registration of contracts of transfer of industrial property rights

1. The Ministry of science and technology detailed rules about the form and content of the registration type of the contract transfer of industrial property rights stipulated in article 149 of the law on intellectual property.
2. The Ministry of science and technology, regulation and procedure of receiving and processing the contract paperwork transferring ownership of industry.
Chapter V INDUSTRIAL PROPERTY AGENT article 27. The training of industrial property legislation 1. The Ministry of science and technology, in cooperation with the Ministry of education and training, the Ministry of Justice on specific provisions on the training of industrial property legislation stipulates in paragraph 3 Article 155 of law of intellectual property.
 2. Individuals are considered to have graduated from training courses on industrial property legislation specified in point d of paragraph 2 to article 155 of the intellectual property Law in the following cases: a) the authors thesis, Graduate University on the subject of industrial property;
b) graduate training course on industrial property the Ministry of science and technology.
Article 28. Professional testing of industrial property agent 1. The inspection services of the industrial property agent was conducted in order to assess the ability to apply the law of industrial property in order to solve specific problems related to establishing the rights and protection of industrial property rights.
2. Content of the professional examination of the industrial property agent including skill to apply the law of industrial property to handle the situations related to the protection of industrial property objects.
3. The Ministry of science and technology instruction and professional testing organization of industrial property representative.
Article 29. Granting and revoking the certificate of practice services industrial property representatives 1. Practising certificate services industrial property agent is provided for individuals that meet the conditions specified in paragraph 2 to article 155 of the intellectual property Law according to the requirements of the individual after having filed charges and fees as prescribed by the law.
2. Professional services industry property agent is revoked in the following cases: a) the practising certificate services industrial property agent abandoned works of the industrial property agent;
b) Who are practising certificate services industrial property agent no longer meets the conditions specified in paragraph 2 to article 155 of the intellectual property Law;
c) Who are practising certificate services industrial property agent in material breach of the provisions in paragraph 3 to article 152 and 153 of the law of intellectual property;
d) Who are practising certificate services industrial property agent has serious violations while practicing industrial property agent, to harm the interests of the State and society.
DD) Who are practising certificate services industrial property agent using the name of the industrial property agent to perform the activities outside the scope of services of the industrial property agent specified in paragraph 1 to article 151 of the law on intellectual property.
3. The Ministry of science and technology, professional recovery services of industrial property agent.
4. The organization has adequate conditions according to the provisions of article 154 of the law on intellectual property are recorded as business service organization industrial property representatives in the national registry of the industrial property agent and published on the Official Gazette of industrial property at the request of that organization and after the submission of the charge the prescribed fees.
5. Service Organization industrial property agent is deleted in the national registry of the industrial property agent and published on the Official Gazette of industrial property on the deleted name in the following cases: a) the service organization industrial property agent abandons business service representatives of industrial property;
b) service organization representing industrial property no longer meets the conditions specified in article 154 of the law on intellectual property;
c) service organization industrial property agent in material breach of the provisions in paragraph 3 to article 152 and 153 of the law of intellectual property;
d) service organization industrial property agent has the wrong breach while conducting the service of industrial property agent to harm the interests of the State and society;
DD) organization representing service industrial property representative nominal advantage of industrial property in order to perform the activities outside the scope of services of the industrial property agent specified in paragraph 1 to article 151 of the law on intellectual property.
6. Consideration of the request to the certificate services practice industrial property agent or a logged service organization industrial property representatives in the national registry of the industrial property agent in the case have been revoked, or delete the name as specified in point c , point d and point DD account point c, point 2 or d and DD account point 5 this is only be conducted after three years from the date of revocation or delete the name.
Chapter VI MEASURES TO PROMOTE INDUSTRIAL PROPERTY article 30. Training, fostering human resources for industrial property activities 1. The Ministry of science and technology, in cooperation with the Ministry of education and training, the Ministry of Justice detailed rules about content, the training, the fostering of industrial property.
2. The Ministry of Justice, in collaboration with the Ministry of science and technology organizations build content, the program fostered industrial property knowledge for judicial positions.
3. The Ministry of science and technology, in cooperation with the ministries concerned to organize the fostering of industrial property for people who do state management, appraisal, inspection, handling infringement, infringement of industrial property.
4. The Ministry of education and training, in collaboration with the Ministry of Justice, the Ministry of science and technology to build the program and organize the training on industrial property in the training facility.
Article 31. Guaranteed industrial property information 1. The system of industrial property information, including collection of information related to all of the objects of industrial property protection in Vietnam, the selected information according to the purpose or theme of the industrial property objects of foreign, are classified, arrange suitable and convenient for searching (lookup) distribution, and use.
2. The Ministry of science and technology is responsible for the Organization of construction, management of industrial property information repository, building classification tools, lookup, lookup Guide and use of industrial property information in and outside the country; the organization provides complete information, timeliness, accuracy, ensuring accessibility to the information store for objects that wish to use the news service of the establishment and operation of industrial property rights protection, research, and business development.
3. The research and development projects are not funded from the State budget if the patent information lookups are not performed since the building outline of the topic, project or if the duplicate project with the patent information was there, except for the subject , the project aims to apply or to try to figure out the technical know-how to exploit the invention.
The Ministry of science and technology have the responsibility to organize the supply of patent lookup service at the request of the agencies, organizations, individuals, building approval, the subject, the research and development project that uses the State's funding, with the condition that the requested lookup lookup file charges under the provisions of the Ministry of finance.
Article 32. Cost accounting and pricing relating to industrial property 1. The costs to the following purposes are considered reasonable costs of business:

a) spent creating inventions, industrial designs, layout design; the genus for the design of the form template, label symbol (logo) business;
b) Spent for the implementation of the registration, renewal, maintenance rights to inventions, industrial designs, layout design, trademarks, geographical indications, including the implementation of that procedure;
c) for the implementation of security measures, trade secrets, protection of rights to inventions, industrial designs, layout design, trademarks, geographical indications;
d) spent on the compensation for the author;
DD) spent on the purchase of ownership or the right to use patents, industrial designs, layout design, trademarks, business secrets.
2. The invention, industrial designs, layout designs, trademarks, trade names, trade secrets and the rights of industrial property related effect due to the business of creating, or assign, transfer is the intellectual property of the business, is calculated on the total of the assets of the business.
3. The Ministry of finance, in cooperation with the Ministry of science and technology in the cost accounting guidelines related to industrial property and intellectual property valuation specified in clause 1 and clause 2 of this Thing.
Article 33. Expand the use of inventions, industrial designs, layout designs of State 1. For those inventions, industrial designs, layout designs owned by the State and in the case of use of home protection degree does not meet the needs of society, the other institutions of the State have the right to request protection degree holder to transfer the right to use a patent , industrial designs, layout designs with the following conditions: a) the right to use patents, industrial designs, layout designs are delivered in the form of non-exclusive and shall not be transferred rights to others;
b) range of use patents, industrial designs, layout designs of transfer does not affect the use of inventions, industrial designs, layout design for the remainder of the ability of the degree of protection;
c) in the case of patents, industrial designs, layout designs of no use for the purposes of trade, the price of the transfer rights to use that right to use patents, industrial designs, layout designs to pay to the owner a degree of protection by the receiving party to the extent that 50% is not state organizations have to pay to get rights to use patents , industrial designs, layout designs that other equivalent conditions.
2. The transfer of right to use patents, industrial designs, layout designs of the State for the institutions of State specified in paragraph 1 of this article shall not affect the rights of owners of the degree of protection in the transfer of the right to use it for other organizations is not the State's.
Article 34. Encourage social organizations, social-professional organization of activities of industrial social institutions, social-professional organizations active in the field of industrial property was to create conditions to make functional consulting, social critics of intellectual property, and promoting the activities of social services in addition to promote full public role in support for the activities of State agencies and in support of the subject of industrial property rights.
Article 35. Other measures to encourage creative activity and encouraging State-sponsored technology innovation activities by the following measures: 1. Sponsors creative competitions.
2. Rewarded, common experience, creative method, typical of advanced creative labor.
3. Support the establishment and operation of industrial property rights protection for the fruits of creativity.
Chapter VII ENFORCEMENT PROVISIONS Article 36. Transitional provisions 1. The industrial property registration form filed with the intellectual property Bureau before January 1, 2006 are further processed according to the provisions of the Civil Code of 1995 and documents guiding the implementation of the Civil Code of 1995.
2. The industrial property registration form filed with the intellectual property Bureau from January 1, 2006 and before 1 July, 2006 also be processed under the provisions of the Civil Code of 1995 and documents guiding the implementation of the Civil Code of 1995, of which: a patent application) can request the patentability and useful solutions in the field It is treated as useful solution application;
b) geographic indications registration form is processed as sign-the name origin.
3. From 1 January 2006 to 30 June 2006, rights and obligations according to the degree of protection already granted under the Civil Code of 1995 and 2005 the civil code in force according to the Civil Code 2005 and the provisions in the text to guide the implementation of the Civil Code of 1995 are not contrary to the provisions of the civil code.
4. within one year from the date of this Decree, began to take effect, the Organization and the individual service operations of the industrial property agent illegal according to the rules of civil law 1995 and documents guiding the implementation of the Civil Code of 1995 is continuing to operate as the Organization individuals respond to business conditions and conditions of practice prescribed in Articles 154 and 155 of the intellectual property Law.
Article 37. The effect of the Decree the Decree has effect after 15 days from the date The report.
The previous provisions contrary to this Decree are repealed.
Article 38. Responsible for guiding the implementation 1. The Minister of science and technology of guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.