Circular of the Ministry of science and technology, no. 29/2003/TT-BKHCN on November 5, 2003 Guide to perform the procedure defines industrial property rights with regard to industrial designs _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree 54/2003/ND-CP dated 19 May 2003 from the Government functions, tasks , powers and organizational structure of the Ministry of science and technology;
Pursuant to Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property, amended and supplemented by Decree No. 21/2001/ND-CP on 1st February 2001 of the Government;
The Ministry of science and technology implementation guides the procedure done, filing, examination of the petition to grant the degree of protection; procedures, amendment, renewal, suspension, cancellation of the validity the degree of protection for industrial designs chapter I GENERAL PROVISIONS 1. Explanation of terms 1.1. In this circular the terms below are interpreted as follows: a) "Decree" refers to Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property, amended and supplemented by Decree No. 21/2001/ND-CP on 1st February 2001 of the Government;
b) "application" refers to the petition for the patentability of industrial designs;
c) "applicant" is the subject name applicant;
d) "procedure for registration of industrial designs" is understood as the procedure of establishing industrial property rights with regard to industrial designs and other related procedures.
1.2. in other words be understood according to the Decree.
2. confirmation of documents 2.1. Confirm the original documents in the process of implementation of the procedure for registration of industrial designs, all the original transaction document must be the subject standing order document name confirmed by the following provisions: a) must be accompanied by their signature name of the individual owner or representative has the authority to sign on behalf of the subject;
b) If the subject organization's document name is required to use the seal, signature of authorized representative of the subject that must be stamped.
2.2. the confirm copy a) all documents is a copy in any way why would all have to be confirmed as the original copies as defined in point 2.2. b to this circular shall be used as official documents in the process of conducting the procedure of registration of industrial designs.
b) documents to be admitted is duplicating the original if on a copy of one of the agencies or individuals the following: notary, the people's Committee, or the competent authority, the subject (all subject to) the original document name or the person they authorize. If there are multiple copies of the page, to confirm each page or pages to be borders.
2.3. Confirm a room a) Any Vietnamese translation of the documents must be confirmed as translated text from the original according to Point 2.3. b to this circular shall be used as official documents in the process of conducting the procedure of registration of industrial designs.
b) confirmation of the translation can be conducted in one of the following ways:-certified;
-Confirmation of the subject (all subject to) the original document name or the person they authorize;
-Acknowledge the main competent authority's use of them in the process of conducting the procedure involved.
3. The name of the subject of conducting the procedure of registration of industrial designs 3.1. Only those specified in points 3.2 and 3.3 of this circular was the name of the new owner to conduct the registration of industrial design and intellectual property Bureau before the competent authority.
The intellectual property Department and the competent authorities only allowed dealing with the speakers on and that transaction is considered the official transaction with the subject.
3.2. for the subject has the right to directly proceed to the applicant and the relevant procedures stipulated in paragraphs 2 and 3. a) article 15 of the Decree, the following people are allowed in the name of entities conducting the work referred to in Point 3.1 of this circular: a) individual Main or representative under the law of the individual (the subject is personal);
b) legal representative of the subject; the individual is a member of the subject being represented by the law of the subject authorized representatives; Head of representative office or branch of the subject, are the legal representative of the subject authorized representative (for the subject is the entity or other entities);
c) head of the representative office in Vietnam by foreign entities, are subject to that authorized representatives; legal representative of the enterprise established in Vietnam, there are 100% invested by foreign entities and are subject to that authorized representatives;
d) Who meet one of the conditions outlined in points 3.2. a, b, c of this circular was one of the individuals or in one of the legal person or other subject – if the subject includes many individuals, legal entities, other entities and if that person is all individuals, legal entities other entities, authorized representatives.

3.3. for the subject are only allowed to proceed to the application and the related procedures by through service organization industrial property agent specified in clause 3. b) article 15 of the Decree as well as for every other subject perform the above procedures through service organization industrial property agent , only the legal representative or the authorized representative of the Organization of the service industry property agent has the authoritative Paper of new entities are allowed to conduct the work referred to in Point 3.1 of this circular.
4. The authorization to conduct the procedure of registration of industrial designs 4.1. The authorization and the authorization to conduct the implementation procedure of registration of an industrial design must conform to the legal provisions of the contract, the contract is authoritative in the civil code and the provisions of this circular.
4.2. Every authorization to conduct the procedures for registration of an industrial design must be made into text (Attorney), which must include the following principal contents: a) name (full name), address of the authorized Parties;
b) name (full name), address of the authorized Parties;
c) authorization scope (the job that the party is authorized to perform on behalf of the authoritative Party);
d) on establishment of the authoritative Paper;
e) signature or seal of the person who created the authoritative Paper;
f) authorization period.
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.
4.3. authorized Parties must as individuals be permitted to perform the procedures to register industrial designs specified in point 3.2 of this circular or service organization industrial property agent.
4.4. When conducting the procedure of registration of industrial designs according to the authorization, authorized Party must submit the original authoritative Paper. Every change of the scope of the authorization and the authorization termination ahead of time are to be reported to the Bureau of the intellectual and the competent authorities in writing and only has an effect on the body that get the message.
4.5. If the Attorney has the authorization scope includes much work under these procedures independently of each other and the original authoritative Paper was submitted to the Bureau of intellectual property, then proceed to the next procedure, authorized Party must raise exactly the number and filing date has the original authoritative Paper there.
Chapter II APPLICATION and HANDLING MENU Item i. MENU 5. Formal requirements for Application 5.1. Single must meet the requirements on the form as follows: a Single document) must be made by Vietnamese, except for documents can be presented in another language as defined in Points 5.2 and 5.3 of this circular;
b) Single document must be presented vertically (painting, photo industrial designs can be presented horizontally) on one side of A4 paper (297 mm x 3kinds), which has four sides, each under margin * margin width 20 mm, excluding supporting documents that the source document is not intended to put on the Menu;
c) If document type would need to set up the required form using the form by filling in the appropriate seats reserved;
d) each of the documents comprising multiple pages to be written order number each page with Arabic numerals;
e) documents must be typed or printed using inks hard fade, clear, clean, not erasing, no repair;
f) term used in the application must be the common terminology, symbols, units of measurement, electronic fonts used in the application are in Vietnam;
g) can be accompanied by supporting documentation is electronic data carriers of a part or the whole content of single documents, presented under the provisions on the form of the document intellectual property Bureau.
5.2. The following material can be made of other Vietnamese language but must be translated into Vietnamese: a) the authoritative Paper; b) documents confirming the legal right to file if the applicant is the beneficiary of another's right to file (certificate of inheritance certificate, or transfer the right to file agreement (including transfer application was filed); Assigning contracts or labor contracts, ...);
c) documents proving the priority right basis (confirmation of receipt for single copy/the first single; Certificate on display in the exhibition. Priority assignment if the rights which are beneficiary from others).
5.3. The following material can be made of other Vietnamese language, but if the intellectual property Bureau required it must be translated into Vietnamese: a) a copy of the first application to demonstrate the basis of priority rights;
b) other documents to support the application.
6. content requirements for single 6.1. Application to ensure consistency with the provisions of item 2 article 11 of the Decree.
Each is only required for patentability of a design of a product or of a product and may include many different variants of an industrial design.

The different variants of an industrial design may be the applicant to ask for protection in different orders, with the condition in the following submission must keep instructions that an industrial design is the scheme of industrial design in the application filed before and must specify a single number , the date of filing. In the absence of such indications, industrial designs are outlined in the following submission is no novelty because no fundamental differences with designs outlined in the application filed before. In the case of the directions as above, the applicant was only granted a degree of protection in which the industrial designs indicated in the invoice.
In this point, the wording means the following: (i) the products are understood as objects, instruments, equipment, vehicles ... are produced by industrial methods or craft, structured and explicit functions, be independent circulation;
-The product is assembled from two independent products, often used together, or to implement a general purpose;
-The different variants of an industrial design is the variation of industrial designs on a product or set of products, no fundamental differences with each other.
6.2. the Application must include the following documents: a) declarations require patentability of industrial designs, follow the form prescribed in annex of this circular (declarations);
b) A description of the industrial designs (hereinafter abbreviated as A description);
(ii) c) The photographs or the industrial model drawings, including 5 sets;
d) authoritative Paper (cases filed through a representative);
e) copy the first single or the certification documents on display in the exhibition if the form entitled request for priority rights under international treaties;
f) certificate from the filing fee, the fee and fee application disclosure request enjoys priority (if required to enjoy the right of priority), substantive examination, industrial design classification fees (if the applicant does not classify).
6.3. The documents referred to in Point 6.2 of this circular is filed at the same time. The following documents can be filed within 3 months from the date of filing: a) A Vietnamese of documents specified in point 6.2. b) this circular, if in the application had the English version of that document;
b) documents specified in point 6.2. d) this circular (Vietnamese translation), if in the application already has a copy of that document;
(ii) c) documents specified in point 6.2. e) this circular (including Vietnamese translation in the case of the Bureau of intellectual property required).
6.4. where there are grounds for doubts about the authenticity of the information on the form, the intellectual property Bureau may require the applicant, within a period of 1 month from the date of submission of the documents required to verify that information, especially the following documents: a) the verification of documents, legal filing If the applicant is the beneficiary of another's right to file (certificate of inheritance rights, for certificates or file transfer agreement; Assigning contracts or labor contracts, ...);
b) documents certifying the legal ownership of the trademark, trade name ... If an industrial design contain signs of that.
6.5. in the Declaration the need stated classification index of industrial design protection requirements according to the international classification of industrial designs (Locarno Agreement). If the applicant is not classified or categorized incorrectly, the intellectual property Department will sort and the applicant must pay a service charge classification.
6.6. a description) A description must include the following:-the name of industrial design products, (ii)-the field of use of industrial design products, industrial design-the less difference for know,-listed photo or drawing,-a description of the industrial designs (hereinafter abbreviated description) ,-ask for protection.
b) descriptions are presented in full all the characteristics and shaping embodied the essence of industrial design protection requirements and must indicate the characteristics of the new designs created by the author created, different industrial designs less difference for know, match photographs or drawings.
If an industrial design protection should include more options then the description must show full of options and specify the characteristics differ from the basic variant of the remaining projects.
If an industrial design need of protection is the styling of the product, then the description must show full styling of each product in the order.
c) requires protection of the user to determine the range (volume) protection of industrial designs. The requirements for protection are clearly shaping characteristics need to be protected, i.e. the new characteristics, differences with similar industrial designs already know.
These characteristics create the designs need to be protected must be presented in sequence: the characteristics of cubes and/or path and/or correlation between the aforementioned characteristics and/or color (if any).
6.7. The photographs or drawings in order to demonstrate the full range of characteristics and shaping of the design fits the description, and ask for protection and are subject to the following provisions: a) snapshot/drawings must be clear and sharp image/drawing, not showing the product with other products of industrial design protection requirements.

b) all photos/drawings must be in the same proportion. Size of each photo taken or drawings are not smaller than 90 mm x 120 mm and not larger than x 297 mm 3kinds. c) each of the photographs or drawings must be presented or mounted on white A4 paper (297 mm x 3kinds) and should be numbered accordingly to point 6.6. a) this circular.
d) In photographs or drawings to the perspective of industrial design products require protection.
e) depending on the requirements for protection, to have more photographs or drawings of the projections, sections enough to clear the new shaping characteristics of designs that need to be protected.
f) Every scheme of industrial design protection requirements must have taken or drawings expressing differences with basic variant.
g) for products with the lid or foldable (cabinets, suitcases, etc.) must have the product image in the open status.
h) for the product must have a perspective of both the product and the projections of your own each product in the order.
6.8. details for A description and a photo/drawing of an industrial design by the intellectual Guide.
Section II. SUBMIT And RECEIVE A 7 SINGLE. A single application may be filed in the Office of intellectual property, or in any other Application reception location managed by the intellectual set. Application can also be submitted in the form of guarantee via postal mail to the location receiving the aforementioned Single.
8. Receipt 8.1 Menu. When received, the intellectual property Department must perform the following tasks: a) check list the materials stated in the Declaration;
b) noted the difference between a category of documents recorded in the declarations and the actual document in the application;
c preliminary Application to check) the conclusion has the Single reception or not under Point 8.2 of this circular and stamp confirming the date of filing on the Declaration, if the receiving Application;
d) gives the applicant a receipt confirmation stamp single filing date, application number and have recorded inspection results document list, have them name, signature of the officer received the application.
8.2. Intellectual property Bureau did not receive a deficiency in the Application if the Application materials are required to have the following: a) declarations (which must have information about the name and address of the applicant);
b) A description (including the request for protection);
c) The photographs or drawings of industrial design;
d) certificate from the filed application fee.
8.3. In case the Application is not received, within 15 days from the date of Application to the intellectual property Bureau, must send notification to the applicant refused receiving unit, which stated the reason for not receiving your application and assign a time limit of two months from the date of the notification to the applicant of the repair of the flaws.
If within the time limit specified the applicant filed the documents specified in point 8.2 of this circular, the unit is considered as having been received on the day of submission of the document.
For those not receiving Unit, the Bureau of intellectual property does not have to return to the applicant the documents menu, but must repay the charges, the fees submitted under the procedure of refund of fees prescribed in this circular.
Section III. The TEST APPLICATION FORM 9. The purpose, the content of the examination Application form test form is checked for compliance with the provisions on the form for single, from which the singles draw conclusions have been considered valid or not.
Valid application will be considered next. Invalid application will be rejected (not reviewed).
10. valid 10.1 Menu. Application is considered valid if not belonging to one of the following cases: a) Menu made with other Vietnamese language, except in cases specified in point 5.2 and 5.3 of this circular;
b) In declarations do not have enough information about the author, about the applicant, representation, no signature and/or seal of the applicant or of the representative;
c) Are the basis for the assertion that the applicant did not have the right to file;
d) is filed contrary to the provisions of article 15 of the Decree;
e) A description of the work in English that the applicant does not supplement a Vietnamese within the time limit prescribed in point 6.2 of this circular;
f) Attorney was not filed within the time limit stated in Point 6.2 of this circular;
g) Menu is also the shortcomings referred to in Point 12 of this circular affect the validity of the application and even though has been the Bureau of intellectual property requires repair, the applicant still does not fix or repair is not satisfactory;
h) Have the basis to assert that right, clearly stated in the application object is the object not the State protected by the provisions of article 787 the civil code and in paragraph 3 article 5, Decree.
10.2. for many Single object, if single in the case mentioned in Point 10.1. h, 11. a, b, e to this circular and the omissions do not relate to all the objects in the application, the Application is considered not valid in part (for the objects flawed), singles for the rest of the audience still be considered valid.
11. the shortcomings of Single processor during the test form 11.1. Intellectual property Bureau inform the applicant if the Application also has the following shortcomings: a) Not enough number of one of the types of documents required;
b) does not satisfy the consistency;
(ii) c) Application does not meet the formal requirements of presentation;

(iv) d) information about the applicant in the document is not consistent with each other or be erasing or not validated as prescribed;
(iv) e) not yet sufficient fees specified in point 6.2. f) this circular.
11.2. within 2 months from the date of the notice, the applicant must have that shortcomings.
12. Determine the date of filing the date of filing is the date Menu to intellectual property Bureau in accepting Sign on the Declaration.
13. Identify the priority date 13.1. If the Application does not require the enjoyment of the right of priority or even though the Menu has asked to enjoy the right of priority, but not the intellectual property Bureau approval, the priority date is the date of filing.
13.2. If the applicant requires the enjoyment of the right of priority, the priority date (or the priority date) is the day stated in the aforementioned requirements and be approved by intellectual property Bureau.
14. Notification of acceptance if single Unit are considered valid intellectual property Bureau, send to the applicant a single valid acceptance notice, which must specify the name, address of the applicant; the name service organization industrial property representative (if the application is filed through that organization); the object name stated in the application, the filing date and number, the priority date of the application. The case entitled priority requests not approved they must clearly state the reason.
15. Refuse to accept Application If Application is considered invalid, the intellectual property Department send the notice to the applicant intends to refuse to accept the application, which must specify the deficiencies cause the Application is considered invalid and fixing a time limit of two months from the date of the notification to the applicant of comments intended to refuse to accept the application.
The case the applicant has no comments or comments not intended for refusing to accept the application, the Bureau official intellectual property notice refuse to accept your application and refund the fee, the fee has to be filed concerning the work after the test form at the request of the applicant.
16. The time limit for the test Application form 16.1. The time limit for examination form is 1 month from the date of filing. Particularly for Menu has additional filings as defined in point 6.3 of this circular, the term form test is 1 month from the date the additional documents.
16.2. If during the examination of the Application form, the applicant or upon the request of the intellectual property Bureau conducted repair work, additional documents, the time limit for the test form was extended by 15 days. Single case is modified and supplemented at the request of the Bureau of intellectual property, the time limit for the applicant to amend the single supplement, don't count on the time limit for examination form.
Section IV. SINGLE PUBLICATION 17. Valid Single Single publication has been accepted are valid intellectual property Bureau announced in the Official Gazette of industrial property. The applicant must submit the fee disclosure form.
18. The deadline announced Single Single was announced in the second month from the date of acceptance of a valid application.
19. Single publication content-related information is valid to be published in the Official Gazette of industrial property: all valid information recorded in a single notice of acceptance; the information related to the transfer menu, split menu...; one or several photographs, drawings expressing industrial designs.
20. Access to detailed information about valid Menu everyone can reach the detailed information about the nature of the objects stated in the application or request the intellectual property Bureau providing that information and the request for information must submit the prescribed fee.
V. SUBSTANTIVE EXAMINATION APPLICATION 21. The purpose of the examination content the purpose of substantive examination Application is the ability to be the object of protection outlined in the Application according to the criteria of protection, determine the scope of protection (mass) respectively.
22. Use results information lookups during substantive examination 22.1. When conducting the test content, intellectual property Bureau should conduct information retrieval in minimal sources of information specified in point 33.2 of this circular to collate and evaluate the objects stated in the Application according to the standards of protection.
22.2. In the process of testing a single priority content, intellectual property Bureau can use results information lookup and corresponding Unit test results filed abroad. The applicant can provide the Bureau of intellectual property the following documents for the examination content: a) results in information retrieval or Single test has filed overseas for the object indicated in the Application;
b) copies of Patent or other protection was granted on the basis of submitted Application abroad for the object indicated in the menu.
23. Considering the opinions of the third person in the course of substantive examination, the intellectual property Department must consider the opinions of third persons (if any) on the support or oppose the issuing of protection. Intellectual property Bureau to notify people who have opinions about the comments that have been accepted or not, if not accepted must clearly state the reason.
24. Asked about the shortcomings of single form, explaining the content of single 24.1. In the course of substantive examination, the intellectual property Department has the right to request the applicant to explain the contents of the documents menu or fix the omissions on the Application form. If the applicant does not meet the requirements, the unit being regarded as withdrawn and not be further considered.

24.2. The intellectual property Bureau are not required the applicant to provide information beyond what the nature of the objects stated in the application, particularly not be required to provide the information that the applicant wanted to keep secret.
24.3. All the amendments and supplements to the documentation of the Application must be made by the applicant himself. The Bureau of intellectual property are not allowed to directly implement the amendments and supplements.
25. Suspension of 25.1 content tests. In the following cases, the substantive examination be suspended: a Single clearly does not show) the nature of the object: the documents relating to the nature of the object such as A description, requirements for protection, the drawing (or photo) there is a lack of information to identify the nature of the content objects or documents that are not consistent to the extent not specified are objects;
b) objects not suitable with the patentability requirements of industrial design or is the subject of State protection under the provisions of article 787 the civil code and article 5 paragraph 3 of the Decree;
c) Has requested to suspend the examination of the content or have claims withdrawn/abandoned applicant's Application.
25.2. The intellectual property Bureau shall inform the applicant about the suspension of the test content and reasons that led to the suspension of it according to the procedure the same as the procedure reported test results of the content specified in point 28 of this circular (unless the suspension was conducted at the request of the applicant).
26. The complainant the reason for suspension and restoration of 26.1 content tests. The applicant has the right to oppose reasons to suspend examination of the content and the intellectual property Department has the responsibility to handle according to the procedure specified in section 3 of Chapter 4 of this circular.
26.2. If the result of processing the applicant's opinion determined that the applicant's comments are accurate, the intellectual property Department to recover the examination content menu. In this case, the intellectual property Department is not allowed to extend the test content.
27. The content, the object self assessment under the conditions of protection (standard) 27.1. The content of the assessment of the object according to the standard of protection is defined in the object Menu has asked suit patentability of industrial designs or not, if appropriate, then reviews the object in turn by the standards of protection.
27.2. The evaluation according to the standard of protection be conducted in turn by each object (if the Menu includes many objects that still guaranteed consistency). With each object the reviews be conducted in turn by the standards specified in Chapter 3 of this circular.
The evaluation was conducted in turn by each product (if the Application refers to the product); in the case of referring to many, the reviews are started from the basic variant.
27.3. The assessment of each object to be ended if: a) find reason to conclude the subject does not meet a standard of protection (in this case, the examination ended with the conclusion that the subject does not meet the criteria for protection).
b) found no reason to conclude that the subject does not meet a standard of protection (in this case, the examination ended with the conclusion that the object meets the criteria of protection).
28. Notice 28.1 content test results. Single content test result must be intellectual Bureau inform the applicant which are clearly objects have the standard of protection or not.
28.2. If the subject stated in the Menu does not match the required level by exclusive industrial designs or if objects match but do not meet the standards of protection, in the message content test results are clearly intended to refuse to grant the degree of protection, and stating the reasons for refusal at the same time to determine the time limit of 2 months from the date of the notification to the applicant of the opinion; If the ranges (quantity) of protection too broad, in the notice must clearly state the reasons and indicate intended to narrow the scope of (mass).
28.3. If the object meets the criteria of protection but also the Single flawed then the test results in the message content must specify the deficiencies and fixing a time limit of two months from the date of the notification to the applicant of the opinion or shortcomings, and to announce the will refuse to grant the degree of protection in case the applicant does not fix flawed unsatisfactory or no opinion opposed.
28.4. If the subject meets the standard of protection, or the case referred to in point of 28.2 and 28.3 of this circular to which the applicant has narrow scope (volume) protection to the object meets the standard of protection, or correcting deficiencies and/or have comments for accurate then, in the message content test results to determine the time limit for the applicant to submit the fee disclosure protection degree, registration fees and granting the degree of protection. The aforesaid period is 1 month from the date of The filing of the notice or 2 months from the date of notification, depending on the day earlier.
28.5. If within the time limit was determined the applicant not to repair deficiencies and/or no comments opposing for the intellectual property Bureau officially refused to grant the degree of protection.

The case announced the results of tests fixed deadline content of fees as prescribed in this circular 28.4 Points which the applicant does not pay the fees for registration, publication and grant fees the degree of protection within the time limit specified, the intellectual property Department refused to grant the degree of protection.
28.6. for many Application objects, if only some of the objects that belong to the case mentioned in this circular 28.5 Points, refused to grant the degree of protection only in relation to that object (the degree of protection is still provided for the rest of the audience).
29. The term 29.1 content tests. The time limit for examination of the contents menu is 6, calculated from the date of publication of the application.
29.2. If in the course of substantive examination, the applicant or upon the request of the intellectual property Bureau conducted repair work, additional documents, the time limit for examination was extended by 1 month. Single case fixing, additional documents as requested by the Bureau of intellectual property, the time limit for filing additional amendments not be counted in the duration of the test content.
29.3. Before the end of the time limit for the test content, intellectual property Bureau must send a notice of the results of tests for the content the applicant as defined in point 28 of this circular.
VI. MODIFY MENU 30. Additional amendments, split, Single assignment 30.1. Before the Bureau of intellectual property notice refuse to accept the application, notice of refusal to grant the degree of protection or the decision to grant the degree of protection, the applicant can proactively or at the request of the Bureau of intellectual property, amendment, addition of the Single document, including single-split (split one or some of the industrial designs industrial design application).
The applicant must submit a revised content and a presentation of content modification compared to the unmodified content and the prescribed fees.
30.2. The amendments and supplements to single not expand the scope of (mass) of protection beyond the content revealed in the description and do not alter the nature of the objects stated in the application. If the repairs do extend the scope of protection (mass) or alter the nature of the object, the applicant must submit a new Application, and any procedure to be conducted from the beginning.
30.3. The Cup kept the filing date, the priority date of the initial Application. For each split, the applicant must submit the application fee and all other charges, fees for these procedures to be performed independent of the original Application, but not to file additional charges required to enjoy the right of priority. Single split tests on the form and continue to be processed according to the procedure has not been completed for the initial Application. On request Single Cup is regarded as the date modified, supplemented the original Menu to calculate the time limit for the test application. The original single (after the split) continue to be processed according to the usual order and the applicant must submit the revised fees, additional menu.
30.4. The applicant may request noted a change in the name, the address of the applicant and the applicant changes (Single assignment, shifting right for single due to inheritance, merger, legal split, according to the ruling of the Court...). The request noted changes must be made in writing and the person required to file the prescribed fee. In a text may require related changes recorded several Singles with the same content change need noted, on condition that the applicant filed the fee according to the number of the relevant Application.
Chapter III REVIEWS The STANDARD OBJECT Of PROTECTION 31. Evaluate the fit between the objects stated in the application and required patentability of industrial designs.
31.1. The external appearance of the product-the object to be protected under industrial design is-is necessary and sufficient set of aesthetic characteristics of blocks, lines, color determines the appearance of the corresponding product.
31.2. The object stated in the application is not considered as the external appearance of the product if it is inside the shape (the part not visible during use) of the product and in that case is not consistent with the patentability requirements of industrial design.
32. Ability to use as a template to create products of industrial design 32.1. According to item 2 article 5 of the Decree, an industrial design is considered as likely as a template to produce industrial products, craft if possible mass product has the external appearance is that industrial designs.
32.2. in the following cases, the stated objects in the application are considered to not be able to use as a template to create products with appearance identical to that object: a) the objects stated in the Application form is in an unstable status of the product (product shape is not fixed);
b) can only create the product is shaped like the object stated in Invoices thanks to special skills or can not repeat the created shape products such as stated in the Application;
c) The shape of different reasons.
33. Reviews the novelty of an industrial design 33.1. The industrial designs indicated in the application are considered to be new if it meets the conditions stipulated in clause 1 article 5, Decree.
33.2. the minimum resources required

a) to assess the novelty of the industrial designs indicated in the menu, at least to check the information in the resources required for the following:-The industrial designs are intellectual property Bureau has announced the priority date earlier than the priority date of the Application;
-The industrial design Application and the degree of protection of industrial property for industrial designs by the organisation, other country within 25 years before the date of priority of the Application are stored in the database of industrial design at the Bureau of intellectual property;
-Other information related to industrial designs by the intellectual property Department gathered and stored at the Directorate. b) in the case of necessary and possible, the expanded lookup information source than the mandatory minimum.
33.3. The basic shaping characteristics of an industrial design a) forming the basic characteristics of an industrial design is the certain elements of shape, contours, colors, position correlation or correlation dimension along with other elements to form a necessary and sufficient set of defining the nature of industrial designs.
b) The following factors are not considered basic shaping characteristics of industrial designs:-cubes, lines are decided by the technical function or functional use of the product; for example, the shape of flat discs, flattening the data record is determined by the relative motion between the disk and the head read...;
-Factors that its presence in the set of signs are not enough to impress the aesthetic (the impression of the shape of the product does not change in the presence and absence of that element); for example, change a shape, the familiar contours but the changes are not enough to get to know, so the shape/contours have changed is still only known cubes/old path;
-The words, the photos are attached/glued ... up the product only to perform the function of trademark or/and perform functions of information, tutorial on the origin, structure, characteristics, uses, how to use ... that product; for example, the wording on the label of the goods.
33.4. Retrieval of information, designs and confronting a lookup reports) the purpose is information lookup find duplicate industrial design or similar near to the industrial designs indicated in the application, including:-Two industrial designs are considered as overlapping with each other if the same set of characteristics to create the basic shape is identical;
-Two industrial designs are considered as similar if the same set of characteristics to create the basic shape has largely shaped the basic characteristics are the same.
b) confronting designs designs for industrial design is duplicated or/and similar industrial designs (have the most basic shaping characteristics overlap in the set already defined) with the industrial designs indicated in the menu.
c) reports results lookup lookup must be reflected in the report reference, which must specify the field, lookup, lookup range search results in that range (industrial design statistics confronting found, specify the source or on information published or revealed) and name of person reporting (lookup).
33.5. Conclusions about the novelty of an industrial design a) To have the basis of the conclusions outlined in the industrial design Application has new properties or not, must proceed compare the set of characteristics to create the basic shape of an industrial design to gather the basic shaping characteristics of industrial design for evidence.
b) industrial designs indicated in the Application are considered to be new if:-industrial design not found in sources of information to a minimum; or-although industrial design found in the minimum information source but the industrial designs indicated in the Menu have at least a basic shaping features not present in the set of basic shaping characteristics of industrial design for evidence, and-an industrial design is not the external appearance of the product was widely known (not to change the location or docking, combining the features of the industrial design has to know or bring the inherent natural shape of plants, fruits, animals..., the shape of the geometry has to be widely known (e.g., circles, ellipses, triangles , square, rectangle, polygon, the prismatic has is the figure above ...), the shape of the product, the work was famous in Vietnam or in the world (for example: Turtle Tower, he Blesses-Loc-Shou, Tower Ep-phen ...), designs only have aesthetic value as sculpture , the type of files, ...).
34. Conclusions about the ability to be protected; determine the range (volume) industrial design protection 34.1. If there is no reason to assert that the industrial designs indicated in the Menu do not meet at least one criteria for protection, the intellectual property Bureau concluded that the industrial designs that are eligible for protection (adequate standard of patentability of industrial designs). In the opposite case, the intellectual property Bureau concluded that the industrial design is not eligible for protection and deny patentability of industrial designs.

34.2. In the case of industrial designs eligible for protection, the scope of protection (mass) is determined by the requirements of protection, which must indicate the characteristics of different shaping industrial designs and is shown on the drawings/photographs.
Chapter IV granted, REGISTRATION, complaint, SUSPEND, CANCEL the EFFECT the DEGREE of PROTECTION 1. LEVEL, AGAIN THE DEGREE OF PROTECTION; Granted, AGAIN VICE A PROTECTIVE DEGREE 35. Issuing 35.1 protection. Within 10 days from the date the applicant filed full and timely payment of fees prescribed in this circular 28.4 Points, intellectual Bureau conducted the procedure to grant the degree of protection according to the provisions of article 23 and Article 26 of the Decree.
After being granted a degree of protection, if the degree of protection has found flaws then has the right to request the intellectual property Bureau repair the degree of protection. If the errors caused by the applicant, the degree of protection to file charges additional amendments. If errors by intellectual cause, degree of protection is not filed charges. The amendment comes on not altering the nature, scope, audience (mass).
35.2. From the date of the intellectual property Department of the decision to grant the degree of protection, the applicant may not assign menu for others. If a single transfer contract was signed between the applicant with others but not at the Bureau of intellectual property, the contract that should turn into a contract transferring the ownership of an industrial design under the new protection degree to be admitted.
36. The right to request, granted back Vice a degree of protection and protective 36.1 degrees again. The case of the industrial property right owned in common, the joint owners are not the intellectual property Agency awarded the degree of protection according to the provisions in paragraph 3 Article 26 of Decree may apply ask Deputies a degree of protection for the intellectual property Bureau, with the condition to pay Deputies a degree of protection.
36.2. in the following cases, the owners of industry was granted the degree of protection (including the Deputy protectorate texts) can petition to the degree of protection, Vice a diploma for the Bureau of intellectual property, with the condition to pay the fees for the issuing of protection : a) the degree of protection, the Deputy lost protection texts, with the condition to have to explain why;
b) protection degree, associate a degree of protection is damaged (torn, dirty, faded ... to the point that it cannot be used), with the condition to return the degree of protection has been broken.
37. The records request, granted back Vice a degree of protection, to the degree of protection required records, reissued the Vice a diploma or degree level protection protection consists of the following documents: a) declarations require level, again Vice a protective degree or diploma level (follow the form prescribed in annex of this circular);
b) text explanation why the degree of protection, the Deputy guardian lost texts; or the degree of protection/protection degree-certified copy is corrupted (the case request back to the degree of protection);
c) the authoritative Paper (cases filed through a representative);
d) certificate from the issuing fee or fees protection Deputies a degree of protection.
38. Handle the records request, granted back Vice a degree of protection, protection of 38.1 degrees again. Intellectual property Bureau to review the records request, granted back Vice a protection degree or degree of protection level again within 1 month from the date of receipt. Case records meet the rules above, the intellectual property Bureau decision level, level of protection diploma or certified copy of decision to the degree of protection and recorded on the register of protection degrees respectively in the national registry.
38.2. The Vice content protection texts expressing the full information of the respective protection degree. Contents of the level of protection degree/Associate a degree of protection to the full expression of information protection degree/Associate-level protection texts first and must be accompanied by the instructions "Deputy" or "A-level".
38.3. In the case of records does not meet the provisions of point 37 of this circular, the Bureau of intellectual property notice refusing Deputies a notification or refuse to grant the leave protection degree, including stating the reason.
Section II. The NATIONAL REGISTRY, ANNOUNCED The DECISION To GRANT PROTECTION To 39 DEGREES. The national register of industrial designs 39.1. The national registry (registry) on industrial designs is the official database, publicly, to show the full information about the legal status of the industrial property rights has been established by the State with regard to industrial designs.

39.2. the register consists of the entry corresponding to each degree of protection, each entry includes information about the degree of protection (on the level of the qualification of protection; the object name is protected (volume), the scope of protection, the duration of effect; the name and address of the holder, protection degree author; information about the petition for protection degree level (number of single , the filing date, the priority date of the application, the service organization name industrial property representative (if any); for information about modifying the degree of protection, the status effect the degree of protection (annuity, suspend, cancel the effect); the transfer of ownership, the transfer of the right to use the industrial design; number, date of issue and who are granted Associate or diploma level again.
39.3. Register by intellectual tụê created and stored as paper, electronic or other media. Any person may also consult the electronic registration (if any) or require the Bureau of intellectual tụê register copies (copies the entries in the register). The person requesting the copy right registration copies file charges.
40. Announced the decision to grant the degree of protection of all the degree of protection has been granted must be tụê intellectual Bureau announced in the Official Gazette of industrial property in the second month since the date of the decision. The applicant must pay a fee to publish.
The information published includes information recorded in the respective decision; one or more photographs or drawings expressing industrial designs.
Section III. The COMPLAINT RELATED to the ISSUING of PROTECTION PROCEDURES 41. People have the right to complain, object and time limits complaints 41.1. People have the right to appeal provided for in article 27 paragraph 1 of the Decree, within the time limits prescribed in clause 3 article 27 decree had the right to proceed with the grievance procedure the official rejection notice and the decision of the Bureau of intellectual tụê relating to the registration of industrial designs.
41.2. the first complaint time limits prescribed in clause 3 article 27 of the decree is applied consistent with article 31 of law complaints, accusations is 90 days from the date the complaint was received or know to be informed, the decision of the Bureau of intellectual tụê about refusing to accept Single , the grant or refuse to grant the degree of protection.
42. complaint record 42.1. The common complaint records requirements must meet the requirements of form specified in the score from 5.1 to 5.1). e) this circular. Each record of the complaint referring a decision or the notice complained of. A record of the complaint may also refer more informed decision or if the have the same content and appeal to reason, on the condition that the complainant must submit the prescribed appeal fee for each decision and was informed of the complaint.
42.2. complaint records must include: a) a complaint, follow the form prescribed in annex of this circular;
b) a copy of the notice or decision complained of;
c) a copy of the decision to settle the complaint (for second time);
d) evidence demonstrating reason to complain (if necessary);
e) authoritative Paper (cases filed through a representative);
(i) f) certificate from the filed complaint charges.
(i) 42.3. Evidence is documented (evidence) or exhibits (physical evidence) used to demonstrate, clarify reason to complain. Evidence must meet the following requirements: a) possible evidence is documented in a foreign language must be accompanied by conditions to a Vietnamese translation in the case who has the authority to resolve the complaint required;
b) in the case of evidence is documented by the individual, the organization does not have a seal, or of the foreign organization, personal name subject must be certified or agency of competent authority confirmed the signature;
c) in the case of evidence is the information (publications, video, ...), then customize each case must specify the origin, the time of release, the publication of the above mentioned documents, or specify the origin, the time of publication of the information is shown on the figure on it;
d) evidence must accompany the document describe the characteristics that relate directly to the content of the complaint.
43. The responsibility of the complainant the complainant must ensure honesty in providing evidence and must bear responsibility for the consequences of providing evidence is not honest.
44. Withdraw the complaint record 44.1. At any given time, the complainant may submit written notice the withdrawal complaint records. If the withdrawal of records of complaints made by the Organization of the industrial property agent, the complaint must be rights the complainant stated in an authoritative Paper.
44.2. Profile pulled deemed not filed. The complainant was not repaid, and record the complaint was filed.
45. Accepting the complaint record 45.1. Within 10 days from the receipt of the complaint, the person who has the authority to resolve the complaint must check documents with the required form and notification in writing to the complainant about the complaint records have been accepting or not, which noted the day accepting resumes or stating the reason for not accepting resumes.
45.2. The records of complaints are not accepting in the following cases: a) the complainant has no right to complain;
b) records of complaints filed outside the time limits prescribed;
c) records the complaint does not meet the requirements stipulated in the above point.
46. Parties concerned

46.1. With regard to the complaint record was accepting, who has the authority to resolve the complaint notice in writing on the contents of the complaint to the person having rights and interests directly related ("related Parties") and a fixed time limit to people that have opinions. The aforesaid period is 2 months from the date of notification.
46.2. the party involved has the right to provide information and evidence to justify his argument.
46.3. If the above mentioned term that no stakeholder comments, the complaints will be resolved on the basis of the opinion of the complainant.
47. complaint resolution decision based on the arguments and evidence of the complainant and the parties concerned, who have the authority to resolve the complaint must make decisions to resolve the complaint within the time limit for appeal provided for in article 27 paragraph 4 of the Decree.
Before a decision to resolve the complaint, the person who has the authority to resolve the complaint must notify the complainant and the parties concerned about the arguments and the evidence of the other party is used to resolve complaints as well as plan to resolve complaints and fixing a time limit of 2 months from the date of notification to the parties of the opinion.
The time spent to the complainant and provided stakeholders argued, the evidence at the request of the person who has the authority to resolve the complaint is deemed to be the time for the amendments, additions and are not calculated in the time limit for complaint resolution.
48. The effect of the decision on complaint resolution procedure of industrial property would depend on the results of complaints have also been made on the basis of the complaint resolution decision: first, if the complainant did not appeal the second time or not to sue the Administration; or the complaint resolution decision a second time or a court decision if the complainant to conduct the second complaint or sue.
Section IV. Suspension, CANCELLATION Of The EFFECT The DEGREE Of PROTECTION 49. Right to suspend, cancel the effect the degree of protection in the validity period of the degree of protection, any person would also have the right to request cancellation, suspension effect the degree of protection according to the provisions of articles 28, 29 the Decree according to the procedures specified in this Section.
50. The records required to suspend/cancel the 50.1 protection degree effect. Records request to suspend/cancel the effect the degree of protection to meet the requirements of form specified in the score from 5.1 to 5.1). e) this circular.
50.2. A record may be required to suspend/cancel the validity range of protection if there is the same reason, the condition that the person required to pay the prescribed fee for each degree of protection.
50.3. The profile required to suspend/cancel the validity the degree of protection must include: a) the declarations required to suspend/cancel the effect the degree of protection, follow the form prescribed in annex of this circular;
b) evidence (if required);
c) the authoritative Paper (cases filed through a representative);
d) certificate from the fees.
51. The handling of records required to suspend/cancel effect 51.1 protection degree. Records request to suspend/cancel the effect the degree of protection is processed in order to resolve a complaint specified in points 45, 46, 47 and 48 of this circular.
51.2. If does not agree with the results of processing the profile required to suspend/cancel the effect the degree of protection of the intellectual property Bureau tụê, Who asks or/and the parties concerned have the right to appeal the decision or the notice concerned under the procedure defined in point 45, 46, 47 and 48 of this circular.
51.3. The content of the suspension/cancellation of the validity the degree of protection was published in the Official Gazette of industrial property and are recorded in the national register of industrial designs.
51.4. If the requested suspension effect is the degree of protection of intellectual property Bureau, just consider the suspension which affect the rights of third persons or not (or not exist li-gasoline contract related objects are in effect) that do not handle the records according to the procedure prescribed in point 51.1 and 51.2 this circular.
Chapter V amendments, EXTEND the VALIDITY of DIPLOMAS of PROTECTION section I. MODIFY the DEGREE of PROTECTION 52. Right to request Amendment 52 protection degree. Protection degree holders have the right to request the Bureau of intellectual tụê all change of name, address and qualifications of the change about the degree of protection (shifting ownership due to inheritance, merger, split, convert the legal form of the business establishment or by the decision of the Court...). The beneficiary rights of protection degree Holder also has the right to request recorded changes in degree Holders for protection.
The request noted the change of name and address, a change in degree Holders for protection fees to modify the degree of protection.
53. The petition to modify the degree of protection To be modified the content on here, the degree of protection for the intellectual property Bureau petition to modify the degree of protection, including: a) declarations require modifying the degree of protection, follow the form prescribed in annex of this circular;
b) original degree of protection;
c) documents confirming the change of Master diplomas (certificates of inheritance, a certificate of merger, merge, separate legal entities, the decision of the Court...) (the case of request noting the change in Master degree of protection);
d) certificate from the fees to modify the degree of protection;

e) authoritative Paper (cases filed through a representative).
54. A request to modify the range of protection A petition to modify the degree of protection may be related to various degrees of protection and can merge with the petition specified in points 30.1, 30.2 and 30.4 of this circular if the have the same content change, provided that the person required to pay for each degree of protection and/or the associated single.
55. the processing of the petition to modify the degree of protection of intellectual property Bureau to consider the petition to modify the degree of protection within 1 month from the date of receipt. If found valid application, Bureau of intellectual tụê conducted the amendment protection degree, registration and publication of the change on the industrial property Gazette. In the opposite case the Bureau of intellectual tụê notify the applicant intends to reject the amendment, has stated the reason for the fixed term and 2 months from the date of the notice to the person requesting the repair of deficiencies or comments. If the time limit specified in the requests do not fix the flaws or shortcomings does not meet the requirements and/or have no comments or comments not accurate, then the intellectual property Bureau of notification officially refused the request.
Section II. The EXTENSION of the VALIDITY of PROTECTION DEGREE 56. Conditions of renewal To be valid Written by industrial design protection, within 6 months before the date of expiration protection degree, Master degree of protection must apply to renew the request for the Bureau of intellectual property.
The profile requires renewal may be filed later than the specified time limit on here but don't be too 6th degree of protection from the date of expire and require renewal renewal fees plus 10% of the renewal fee for each month late.
57. The records required to extend the profile required to extend the validity of diplomas of protection consists of the following documents: a) the declarations requested the extension of the validity the degree of protection, follow the form prescribed in annex of this circular;
b) original degree of protection (in case of request noting the extension on the degree of protection);
c) certificate from the renewal fee;
d) Attorney (case filing through representative).
58. The handling of records required to extend intellectual property Bureau to consider renewed requests records within a period of 12 months from the date of receipt. Bureau of intellectual renewal decision, noted in the degree of protection according to the requirements of the degree of protection, registration and publication in the Official Gazette of industrial property if no menu in the following cases: a) the application for extension is not valid, or was not properly filed the prescribed procedure;
(ii) b) Who requested the extension of the home is not the degree of protection correlating.
If the profile in one of the cases mentioned above, the Bureau of intellectual property notice intended to refuse to renew, have stated the reason for the fixed term and 2 months to the person requesting the repair of deficiencies and/or objections. If the time limit specified in The request is not satisfactory shortcomings or no comments opposing for the intellectual property Bureau are reported officially refused to renew.
Chapter VI, REFUNDS And FEES; RENEWAL TERM ĐOẢN, 59. Collecting fees When receiving the profile/Application or request proceed any other procedure, the Bureau of intellectual tụê must check the certificate from the filing fees.
If fees have not been sufficient as a rule, the Bureau of intellectual tụê established the vote report currency, which clearly each account and the level of fees payment and sent to the applicant. With the account is submitted, the filing fees are level 2 contact receipts of fees which clearly each account and the level of fees already paid, which link 1 applicants must submit records/single/single witness from filing fees.
60. The fees, refunds of fees already paid are refunded in whole or in part at the request of the person filing fees in the following cases: a) of fees was filed beyond the prescribed level;
b) specified in the second paragraph of item 2 Article 32 of the Decree.
61. The form of a refund, The refund request fee, the fee was chosen one of the two method: directly at tụê or through the Bureau of intellectual property transfer agency (Bank, post office ...) or transfer of fees refundable to the fees of other procedures. The case of a refund, transfer agency fees, refunds of fees must bear the costs of transferring money. People who request a refund, must file a fee to request a refund of fees, modeled by intellectual tụê issued, which stated refunds of fees method of choice.
Cases accepted to request a refund of fees, Department of intellectual tụê created complete quote, Vote in which clearly the level of refund and the refund method, and send The request. People who get a refund of fees must sign the completed documents by intellectual tụê.
The case is not accepted, the fee refund requests Department of intellectual tụê send notice to the requester, which stated the reason for rejection.
62. The extension

In addition to the time limit that the law explicitly is allowed to extend the time limit, due to the fixed tụê intellectual property Bureau for the amendments, additional documentation and uncontested opinion, Planning Bureau of intellectual tụê can be extended once, by the time that the request of the person conducting the procedure relating , on the condition that the person required to submit renewal fee (fee review after the deadline).
63. the term Đoản Who conduct the procedures before the industrial property Directorate of intellectual tụê and the competent authority can ask the body that performed the procedure before the deadline stipulated on the condition that the person required to submit review fee ahead of time.
Depending on the particular conditions and capabilities, intellectual property Department and the competent authority may accept or decline the request to make the procedure before the prescribed time limit.
Chapter VII FINAL PROVISIONS 64. The responsibility of the duty on industrial property 64.1. Officers, civil servants or persons working under a contract of intellectual property Bureau and the competent agencies are tasked to implement the procedures specified in this circular (hereinafter the Person on duty on industrial property) is obliged to comply with the legal provisions in relation to the work that I perform.
64.2. The person on duty on industrial property violations of the law shall be punished according to the provisions of Decree No. 97/1998/ND-CP dated November 17, 1998 by the Government on disciplinary and material responsibility for public servants and labor laws.
64.3. The duty of industrial property acts in violation of laws causes damage to others, they must compensate for damages under the provisions of Decree No. 47/CP on 3/5/1997 of the Government on the compensation of damage caused by public servants, employees , the Agency's authority in the proceedings.
65. In addition to the complaint, informed decisions related to the procedure of establishing the authority, the person conducting the procedure on industrial property specified in this circular have the right to appeal or grievance decisions, other notices of the Department of intellectual tụê and the competent authority under the provisions of the law on complaints , accusations and administrative proceedings.
The sequence and procedures for complaints and complaints provided for in article 27 of the decree and points 45, 46, 47 and 48 of this circular also applies to complaints the decision, reported above, with appropriate modifications.
66. Regulations regarding form and procedures for conducting the procedure of industrial design regulations regarding form and procedures for conducting the procedure of registration of industrial designs in accordance with the provisions of the decree and this circular will be the Ministry of science and technology provisions in a different text.
67. The implementation of this circular replaces the regulation on procedure of establishing industrial property rights with regard to industrial designs in circular No. 3055 TT/-PRICE LIST on December 31, 1996 of the Ministry of science, technology and the environment.
This circular effect after 15 days from the Post Gazette.