CIRCULAR on the guidelines for implementing the regulations on the procedure of establishing ownership of the nghiệpvà some other procedure in Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property;
The Ministry of science, technology and the environment issued this circular to specific regulations and guidelines manual procedure, filing, examination of the petition to grant the degree of protection, the approval procedures, sign the contract transferring ownership of industry, application review procedures to grant licensed involuntarily procedure to modify, renew the validity degree of protection, the procedure of handling the international application of inventions, utility solutions according to the PCT and the international registration of trademarks under the madrid Workshop and its capital sufficiency to license industrial property agent, chapter I GENERAL PROVISIONS 1. 1.1 terminology. The term in this circular is understood as follows: "Decree" refers to Decree No. 63/CP of 24 October 1996 from the Government detailed rules on industrial property;
"Application" refers to the petition for the degree level of protection;
"Patent", "Single solution", "industrial design", "brand", "Single origin" refers to respective petition granted By patent, patentability of utility solutions, patentability of industrial designs, the petition to register certification trademarks and petition granting certificates use of the designation of origin of goods;
"International Application" refers to a single international registration of inventions, utility solutions, filed under the PCT;
"International application" refers to the application for international registration of trademarks under the Madrid Agreement on international registration of trademarks;
"Trademarks" refers to the "trademark" under article 2 of the Decree;
"Can't stand the name of documentary" as individuals, legal entities or organizations that have made or issued or signed to acknowledge the value of the document.
1.2. The other term is understood under the Decree.
2. confirmation of documents 2.1. The signature validation process in implementing the procedures related to the establishment, maintenance, renewal, enforcement, transfer ... industrial property rights specified in this circular, the signature of the name the papers, documents dealing with the competent bodies must be confirmed that it is the primary name of the document and in case the person who is signing representing the subject name of the document, must be confirmed that the signer is who has the authority to represent the subject standing in the name of the document, according to the following provisions: (i) with respect to the subject of legitimate seal, signature confirmation is done by sealing up the subject's signature;
(ii) with respect to the subject Vietnam does not have the legal stamp, verifying the signatures must be made at the State Agency, or local government agency in the place where the owner resides or has its head office;
(iii) with respect to foreign entities without the legal stamp, verifying the signatures must be performed at certified agency or competent authorities equivalent.
2.2. confirmation copy a. all documents is a copy in any way why would all have to be confirmed as the clone from the original as specified in paragraph b), the following are used as official documents in the process of conducting the procedures of relevant industries in the competent authorities.
b. documents to be admitted is duplicated from the original if on a copy of a clone in the following bodies: (i) the evidence, (ii) the people's Committee, or the competent authority, (iii) State agencies, social organizations have made the original document; and, if there are multiple copies of the page, to confirm each page or pages to be borders.
2.3. Confirm the translation of a. All Vietnamese translation of the documents must be confirmed as translated text from the original under paragraph b) the following shall be used as official documents in the process of conducting the procedures concerned about industrial property before the competent authority.
b. confirmation of a room can be conducted according to the fad in the following ways: (i) the notary; (ii) confirm the main subject's original document name; (iii) confirmation of all the parties to the contract or agreement (if the original document is a contract or agreement); (iv) acknowledge the main competent authority's use of them in the process of conducting the procedure involved.
3. Who conducted the subject of industrial property procedures 3.1. Only those specified in 3.2 and 3.3 points following the name of the new owner taking the job applicant, additions, repairs Single document; receive and reply to the comments of the Bureau of industrial property related; the decision to continue or suspend the process requires protection; receive a degree of protection; perform the maintenance, modification, extension of validity the degree of protection as well as other procedures before the industrial property Directorate of industrial property and the competent authority.
Directorate of industrial property transactions is only allowed with the speakers on the transaction and that is considered the official dealings 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 above: (i) the individual or the legal representative of the individual (the subject is personal);
(ii) the 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);
(iii) the head of the representative office in Vietnam by foreign entities, are subject to that authorized representatives; who is represented according to the law phấp of established businesses in Vietnam, there are 100% invested by foreign entities, are subject to that authorized representatives;
(iv) the person meets one of the conditions referred to in paragraphs (i), (ii), (iii) above is one of these 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 to represent.
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 those who are issued a card on behalf of industrial property in the service organization industrial property agent authorized by the Certificate holder may be permitted to conduct the tasks referred to in point 3.1 above.
4. The authorization to conduct the procedure on industrial property 4.1. Any authorization to conduct the procedures of industrial property must be made into text (Attorney), which shall include the following contents:

(i) name (full name), full address, telephone number, fax number (if available) of the authorized Parties; (ii) the name (family name), full address, telephone number, fax number (if available) of the authorized Parties; (iii) scope of authorisation (the job that the party is authorized to perform on behalf of authorized Parties; (iv) the duration of the authorization; (v) where, on the authoritative Paper-setting; (vi) the signature of the person who created the authoritative Paper (confirmed by the regulation on the signature verification).
4.2. Parties authorized the individual or organization is permitted to perform the procedures on industrial property defined in point 3.2 (ii), (iii), (iv), and 3.3 of this circular.
4.3. Any change of the scope of the authorization and the authorization termination ahead of time are to be reported to the Directorate of industrial property in writing.
4.4. If the Attorney has the authoritative range consists of many procedures independently of each other, the authorized Party may submit the paper copy of the authorization, with the condition has filed with the industrial property Directorate of the original authoritative Paper and indicate the number and filing date has the original authoritative Paper there.
Chapter II APPLICATION And SINGLE HANDLE 5. The General requirements for single 5.1. Application to ensure consistency with the provisions of item 2 Article 10 of the decree and must meet the General requirements on the form mentioned in point 5.2 below.
5.2. Invoices must meet the General requirements on the form as follows: (i) Each only be required to grant a degree of protection, the type of the requested protection degree level is consistent with the object of industrial property indicated in the Application;
(ii) any of the documents are to be made by Vietnamese, except for documents can be presented in another language as specified in point 5.3 the following;
(iii) all documents of a Petition must be presented vertically on one side of white paper A4 size (297 mm x 3kinds), in which each side of the four margins margins * width 20 mm, unless the documents are added with the reason needed to support or represent more that the source document is not intended to put on the Menu , so it can be presented in a different way;
(iv) If the type of the document would need to set up the required form using the form by filling in the appropriate seats reserved;
(v) Each type of document must include sufficient number of copies on demand; If a page includes several types of documents, then in the middle of the top of each page to record the number of pages with Arabic numerals;
(vi) the documents must be typed or printed by ink hardly faded, in a clear, clean, not erasing, no fix.
5.3. The following material can be made of other Vietnamese language but must be translated into Vietnamese: (i) the authorization Certificate (if available);
(ii) the document confirming the right to file legal if the applicant is the beneficiary of another's right to file (certificate of inheritance, certified or file transfer deals, including the transfer Application was filed; Assigning contracts or labor contracts, ...);
(iii) priority assignment (if the applicant requests priority and rights which are beneficiary from others);
(iv) The relevant documents to prove the basis of priority rights (the first single, the certificate on display in the exhibition ...);
(v) The original document or the copy from the original that the applicant put in to support the application.
6. The requirements for patent/utility solution in addition to the General requirements listed in point 5 of this circular, patent/utility solution must meet the requirements specified in this point.
6.1. the Application must include the following documents: (i) declarations require patentability of inventions, utility solutions, due to the industrial property Bureau issued, consisting of 3 copies;
(ii) A description of the invention, useful solution (hereinafter referred to as A description), including 3 a;
(iii) the request for protection, including 3 a;
(iv) the drawings, diagrams, a compute ... (if needed) to clarify further the nature of the technical solution articulated in A description, include 3 copies;
(v) the patent summary, useful solutions, including 3 a;
(vi) the document confirming the right to file legal if the applicant is the beneficiary of another's right to file (certificate of inheritance, certified or specialized deals delivered right to the applicant; Assigning contracts or employment contracts...), include 1 a;
(vii) the authoritative Paper (if needed), including a a;
(viii) the first single copy or certified documents on display the exhibition if the form entitled request for priority rights under international treaties, including 1 a;
(ix) certificate from the filing fee and the fee for publication, include 1 a.
6.2. The documents referred to in point 6.1 above shall be filed at the same time. The following documents can be filed within 3 months from the filing date: (i) A document's Vietnamese 6.1 6.1 (ii), (iii) and (v) 6.1, if the form has a English/France/Russia of that document;
(ii) the original of the document 6.1 (vii) if the form has a copy;
(iii) 6.1 documentation (viii), including a Vietnamese translation.
6.3. A description should reveal completely the nature of technical solutions need to be protected. In A description must have sufficient information to base it on that, any person who has the average level in the respective technical field can make is that solution.
A description must make clear is the novelty, the inventive level (if the object needs to patent protection) and the ability to apply technical solutions need to be protected.
A description must include the following content: (i) the index of the international patent classification (the Strasbourg Convention), (ii) the name of the technical solutions, (iii) the field in which technical solutions are used or involved, (iv) the situation in the field technical talk on at the time of filing (for known technical solutions) (v) the nature of the technical solution, (vi) a brief description of the drawings (if any), (vii) examples of technical solutions implementation, (viii) the benefits that can be achieved (effectiveness of technical solutions).
6.4. protection requirements in order to determine the scope of protection (mass) for patent/utility solution. Requests for protection should be presented concisely, clearly, in accordance with the description and the drawings, which must clarify these new signs of technical solutions needed for protection.
6.5. the patent summary, useful solutions to publish a summarization of the nature of the invention, useful solutions. The summary must reveal the contents are mainly about the nature of the technical solution for the purpose of information.
6.6. The requirements on the form, content, description, drawings, requirements for protection, the patent summary, useful solutions and other materials of patent/utility solution due to the industrial property Bureau regulations.
7. The requirements for the Application of industrial design in addition to the General requirements in point 5 of this circular, the design must meet the requirements specified in this point.
7.1. Invoices must include the following documents: (i) declarations require patentability of industrial designs, modeled by the industrial property Bureau issued, consisting of 3 copies;
(ii) A description of the industrial designs, including 3 a;
(iii) The snapshot or the industrial model drawings, including 6; (iv) the document confirming the right to file legal if the applicant is the beneficiary of another's right to file (certificate of inheritance rights; Certificate or agreement on the transfer of rights to the applicant; Assigning contracts or employment contracts), include 1 a;
(v) the document confirming the ownership of the trademark if the design contains a trademark, include 1 a;
(vi) the authoritative Paper (if needed);
(vii) a copy of the first application or certification documents on display in the exhibition if the form entitled request for priority rights under international treaties, including 1 a;
(viii) certificate from the filing fee and the fee for a single publication, include 1 a.

7.2. The documents referred to in point 7.1 above must be filed at the same time. The following documents can be filed within 3 months from the filing date: (i) A document's Vietnamese 7.1 (ii), if the form has a English/France/Russia of that document;
(ii) material 7.1 (v);
(iii) the original of the document 7.1 (vi), if the form has a copy;
(iv) (vii) 7.1 document, including Vietnamese translation.
7.3. A description of the industrial design are presented in full, clearly the nature of the industrial designs and to match the photographs or drawings and include the content: (i) the name of the industrial design, (ii) index the international classification of industrial designs (Locarno Agreement), (iii) the field of use of industrial design products , (iv) The same industrial design, (v) listed photographs or drawings, (vi) the nature of the industrial design, which should clearly state the basic shaping characteristics of industrial design protection requirements differ from similar industrial designs already know.
7.4. The photographs or drawings must show the full nature of industrial designs as have been described in order to determine the scope of (mass) protection of industrial designs.
photographs/drawings must be clear and sharp, not to be confused with other products products of industrial design protection requirements.
All photographs/drawings must be in the same proportion. Size of each photo taken not less than 120 mm x 90 mm and not larger than x 297 mm 3kinds. 7.5. Requirements for A description and a photo/drawing of an industrial design by the industrial property Bureau regulations.
8. The requirements for trademark Application in addition to the General requirements specified in point 5 of this circular, the trademark application must meet the requirements stated at this point.
8.1 Invoices must include the following documents: (i) the Declaration requesting the certificate of trademark registration, on which the attached template mark, modeled by the industrial property Bureau issued, consisting of 3 copies;
(ii) Regulation of use of the trademark if the brand requires protection as collective marks, including 1 a;
(iii) the form of the trademark, including 15 a;
(iv) A copy of the document confirming the right to legitimate business (business licence or business registration certificate, etc.), including 1 a;
(v) verification of documents) filed an application, if the applicant is the beneficiary of another's right to file (certificate of inheritance, certification or agreement to the transfer of the right to apply, including Application was filed; Assigning contracts or employment contracts...), include 1 a;
(vi) the authoritative Paper (if needed);
(vii) a copy of the first application or certificate on display the exhibition if the form entitled request for priority rights under international treaties, including 1 a;
(viii) the verification of documents of origin, awards, medals, if the mark contains that information, include 1 a;
(ix) the license of the competent authority, if the use of the trademark on the logo, the name ... specified in point g item 2 article 6 Decree, include 1 a;
(x) certificate from the filed application fee, including 1.
8.2. The above documents must be filed at the same time. The following documents can be filed within 3 months from the filing date: (i) original documents 8.1 (vi), if the form has a copy;
(ii) documents 8.1 (vii), including a Vietnamese translation.
8.3. A description of the mark in the Declaration to clarify the ability of distinguishing marks, which must specify each of the constituent elements of the mark and the sense of the overall mark. If the label contains the words not the Vietnamese must specify the pronunciation (out Vietnamese) and if the wording that means they must literally out Vietnamese.
If the literal wording, asking for protection are presented in the form of stickers as distinct elements of the mark to describe the form of the letters, stickers from them.
If the label contains digits not with Arab numerals or numbers to Lamã room out with Arab numerals.
If the mark consists of several separate parts but are used simultaneously on a product they must specify each part of the mounted position mark on the product or packaging for the product.
8.4. Portfolio of products, branded services in declarations must match or the same type of product with service business as stated in the business license or the certificate of business registration and must be grouped according to the international classification of products and services (according to the Nixơ Convention).
8.5. the trademark Sample mounted in the Declaration as well as the other brands form must be presented clearly with size not exceeding 80 mm x 80 mm framework and the distance between two points close together for not less than 15 mm. If requested, the templates color protection of marks must be presented in the right color need protection.
If not ask for protection of color trademark sample, all must be presented in the form of black and white.
9. The requirements for single origin.
In addition to the General requirements specified in point 5 of this circular, single origin must meet the requirements stated at this point.
9.1. the Application must include the following documents: (i) a certification requirements the right to use the appellation of origin of goods, due to the industrial property Bureau issued, consisting of 3 copies;
(ii) A copy of the document confirming the right to legitimate business (business license, business registration certificate, etc.), including 1 a;
(iii) A special presentation about the quality of the products bearing the designation of origin of goods, including certification by the competent State agencies, including 1 a;
(iv) validation of the competent authority that the product produced by the applicant or the commercial nature of the business, the specific quality and produced in the territory corresponding to the origin of goods (match the captions in your document (iii)), include 1 a;
(v) a copy of the degree of protection the name origin by country of origin, or countries of origin of the document confirming the right of the applicant used the designation of origin of goods are to be protected in the country of origin (if the name origin of goods of foreign origin) , include 1 a;
(vi) a map describing the scope of the territory corresponding to the origin of goods including instructions on the location of production, the business of the applicant, include 1 a;
(vii) the authoritative Paper (if needed), include 1 a;
(viii) certificate from the filed application fee, including 1.
If the applicant only certification requirements the right to use the appellation of origin of goods in respect of a designation of origin has been registered since before then in the application does not need the materials (iii) and (vi). If the designation of origin of goods of foreign origin, the application does not need the document (ii); (iii); (vi) 9.2. The document must be filed at the same time. The original document's own 9.1 (vii) can be filed within 3 months from the date of filing if the application has a copy.
9.3. the competent authority confirmed the nature of particular types of products bearing the designation of origin and confirmed that the product due to the claimants produce specific nature that is the quality management agency of Central or local where the name's origin.
10. Single filing can be filed in the Office of industrial property or in any other Application reception location due to the industrial property Bureau established. Application can also be submitted in the form of guarantee via postal mail to the location receiving the aforementioned single.
11. Single receiver 11.1. When received, the industrial property Bureau to perform the following work: (i) check the catalog the materials stated in the Declaration;
(ii) confirmation stamp on Invoices to the Department of industrial property and the Declaration;
(iii) Noting the difference between the categories of documents recorded in the declarations and the actual document in the application;

(iv) preliminary test to conclude there is a single reception or not according to 11.2 points. the following;
(v) Send to the applicant a declaration was stamped on Single confirmation number, and had to record inspection results document list, have them name, signature of the Single recipient personnel; (The above declarations in place of receipt).
11.2. the industrial property Bureau did not receive a single if it's single with one of the following shortcomings: (i) Single missing one of the required type of document: declarations, which must be of the form labels and products, services (for single brand), the designation of origin of goods and goods (for single origin) , A description of the invention, useful solutions, requests for protection (for single patent/utility solution), A description of the industrial designs and the photographs, drawings and industrial designs (for single industrial design), the authoritative Paper (for single needs an authoritative Paper), voucher filing fees;
(ii) forms of protection (protection requested qualifications granted) is inconsistent with the object of industrial property indicated in the Application;
(iii) no declaration of signature or/and were erasing, serious repair.
11.3. where the Application is not received, the Bureau of industrial property shall inform the applicant the reason for not receiving the application. For single filed through the post office, the Bureau of industrial property must be reported in writing within 15 days from the date of Application; Directorate of industrial property does not have to return to the applicant the documents menu, but must reimburse the fees already paid by not receiving after having deducted the costs for the delivery of pay that.
12. Single profile processing took over after the reception, the unit is processed as follows: a set of documentation includes the documents required are detached to retain their original status single (called "record" of the application);
The document also included the kits used to test according to the provisions of this circular.
13. The test form 13.1. After being processed by 12 this circular, single forms of tests according to the regulations at this point.
13.2. Units deemed invalid if one of the following shortcomings: (i) the Application is made by a different Vietnamese language, except in cases specified in point 5.3 of this circular;
(ii) In the Declaration do not have enough information about the author (for inventions, utility solutions, industrial designs), about the applicant, the applicant does not sign it, or the signature was not verified, the information about the representative be erasing.
(iii) Have the basis to assert that the applicant has no right to file;
(iv) the application filed contrary to the provisions of article 15 of the Decree;
(v) A description, summary, require the protection of inventions, utility solutions, A description of the industrial designs, in English/French/Russian applicants who do not supplement a Vietnamese within the time limit prescribed in points 6.2 and 7.2 of this circular;
(vi) the authoritative copy is the only Paper that does not complement the original within the time limit specified in point 7.2, 8.2, 9.2 and 6.2 of this circular;
(vii) the deficiencies outlined in point 13.3 of the following affect the validity of the application and even though has been the Bureau of industrial property require repair, the applicant still does not fix or repair is not satisfactory;
(viii) the stated objects in the application object is not the State of protection prescribed in paragraph 4 Article 4, paragraph 3 article 5, paragraph 2 article 6 and paragraph 2 article 7 of the Decree;
13.3. Handling the deficiencies of the formal test phase if single has the following shortcomings, the industrial property Bureau informs the applicant and within 2 months from the date of the notice, the person submits to fix the flaws that: (i) insufficient number of one of the required documents;
(ii) the Application does not satisfy the consistency;
(iii) the Application does not meet the formal requirements of presentation;
(iv) the trademark Application does not specify the type of the registered trademark, the lack of a description of the mark, the list of products was not the group or sub-group is not correct;
(v) The applicant information in the document is not consistent with each other or erasing;
(vi) not yet fully application fee.
13.4. The applicant can modify, supplement the materials in the application but not expand the scope of (mass) and not alter the nature of the object of industrial property indicated in the application and the prescribed fees. 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.
13.5. Defining a valid filing date a valid filing date is determined as follows: (i) for single no deficiencies specified in point 13.2 above, a valid filing date is the date Menu to the industrial property Bureau stated in the Declaration on accepting the seal;
(ii) with respect to the applicant the deficiencies specified in point 13.3 above, and the omission was corrected within the time limit, the filing date is the date a valid Application to the Directorate of industrial property in single receipt Marks. If the deficiencies are corrected later than the time limit, the filing date is valid on flawed repairs done to become valid.
13.6. Identify the priority date priority date of the Application is determined as follows: If the Application does not require a right of priority, the priority date is the date of filing;
If the applicant requests priority, the priority date is the date stated in the aforementioned requirements and be approved by industrial property Bureau.
13.7. Test results form the industrial property Bureau was notified to the applicant in accordance with the following: (i) if the Application is deemed valid, the industrial property Bureau sent the applicant notice of acceptance of the application, including 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, a valid filing date, priority date; single number; the omission is also that the applicant continued to repair and fix the deadline that omission. This period too that the applicant does not repair it will not continue to consider;
(ii) if the Application is not valid, the industrial property Bureau to send notification to the applicant refused to accept the application, which must indicate the name, address of the applicant, the name of the service organization industrial property representative (if the Application is filed through that organization); Single day to the Directorate of industrial property, the object name stated in the Application; the reason refuse to accept a single (the single reason to be deemed invalid);
(iii) if the Application is still set at 13.3 points stated above survived, the industrial property Bureau sends to the applicant the notification Application form test results, which stated the applicant name, address, name of organization of industrial property agent (if the Application is filed through that organization), on Application to the Directorate of industrial property; the object name stated in the application, the lack of need for repair and fixing the time limit for the applicant to fix the flaws.
13.8. The time limit for examination form is 3 months from the date of Application to the Directorate of industrial property indicated on the receipt Mark; particularly for late filings have prescribed in point 6.2, 7.2, 8.2, 9.2 time limit for the test form is 3 months from the date the additional documents. Before the end time, the industrial property Bureau to finish tests in terms of form and must be notified to the applicant in accordance with point 13.7 on here.
14. a valid single announced

14.1. Every Single invention, useful solutions, industrial design was accepted and valid are the Bureau of industrial property published in the industrial property Gazette according to the following schedule: a. Single inventions, utility solutions published in the 19th month from the priority date , except in cases specified in point b), c), d) following;
b. in the request announced soon, will be announced within 1 month from the date of the industrial property Bureau received requests early publication or by later than stated in the request;
c. for single inventions, utility solutions, if written request substantive examination filed prior to the date the application is accepted, will be published within a period of 1 month from the date of Application was duly accepted;
d. for single inventions, utility solutions, if written request substantive examination filed after the date of this application is accepted and valid but before the end of the time limit of 18 months from the priority date, the Application will be published within a period of 1 month from the date of the industrial property Bureau received requesting substantive examination;
e. International menu and an industrial design was published in the 2nd month of the date of acceptance of a valid Application, except in cases specified in point b above).
14.2. The information concerning the valid Application was published in the Gazette include: all valid information recorded in the single acceptance notice except for information on the remaining shortcomings must be corrected; Summary of inventions, utility solutions are accompanied by drawings, if necessary; one or more drawings, photographs of industrial design.
14.3. Everyone can access to more detailed information about the nature of the objects stated in the application to be published in the Official Gazette of industrial property, or ask the Department of industrial property provides that information and the request for information must file charges provide information according to the regulations.
15. to request substantive examination of inventions, utility solutions.
15.1. Within a period of 42 months from the priority date of the Patent Application, 36 months from the priority date of the Application of useful solutions, the applicant or any third persons can request the industrial property Bureau to conduct substantive examination of inventions, utility solutions, respectively.
The person requesting substantive examination of inventions, utility solutions must submit the prescribed fee.
15.2. to request substantive examination of inventions, utility solutions after the publication is published in the Official Gazette of industrial property within a period of 1 month from the date of receiving the written request for examination, and was notified to the applicant.
Request substantive examination of inventions, utility solutions, filed before the publication is published together with the corresponding Application under point 14.1 c), d) this circular.
15.3. unless otherwise required tests the main content the applicant stated in declarations, requires substantive examination of inventions, utility solutions must be made in writing, which must indicate the name, address of the requester; application number and date of filing patent, utility solutions need content tests; name, address of the applicant, the name of inventions, utility solutions respectively and must be accompanied by receipts or vouchers to confirm the test fee.
16. Single 16.1 content tests. The substantive examination of industrial property Bureau was conducted according to the rules at this point with regard to: (i) all of the trademarks, industrial designs and appellations of origin if the application has been accepted and the applicant screening fees regulatory content , and (ii) all of the international application, and (iii) The Patent Application, useful solutions, including in the International Application has been accepted, valid and required substantive examination be submitted to the Directorate of industrial property within the time limit specified in point 14 of this circular.
16.2. The purpose of the examination of the contents menu is the ability of objects listed in the Menu under the criteria of protection, determine the scope of protection (mass) respectively.
16.3. within substantive examination of industrial property, the Application must send a notice of the results of tests the content to the applicant and to the person who requested the test contents according to the following rules: a. If the object of industrial property does not meet the standards of protection, in the message content test results must clearly state the intended reasons for refusing to grant the degree of protection and fixing a time limit of 2 months from the date of the notification to the applicant of the opinion;
b. If the industrial property objects that meet the criteria for protection but the range (volume) protection is narrow or the Single flawed then in the message content test results must clearly state that and fixing a time limit of two months from the date of the notification to the applicant of the opinion or shortcomings;
c. If the subject meets the criteria for protection, including the cases referred to in point b above), in announcing examination results content should require the applicant to submit the fee disclosure protection degree, registration fees and issuing protection and fees the first year annuity (for patent and utility solutions).
16.4. within substantive examination, the applicant can modify, supplement the material in the application and the prescribed fees.
Directorate of industrial property have the right to ask the applicant in a fixed time limit to proceed with additional amendments to the document. If the applicant does not make the amendments and supplements according to the requirements of the industrial property Bureau without justifiable reasons, the unit considered withdrawal.
The amendments and supplements are not altering the nature of objects, not expand the scope of (mass) of protection stated on the form.
16.5. The time limit for examination of the Application content is (i) 18 months for 9 months, patent for utility solution Application from the date of receiving the request substantive examination, if the request is submitted after the date of publication of Application or from the date of publication if the application requires substantive examination is filed before the date of publication of Application; (ii) 9 months for industrial designs and single-brand Menu from the date signed the notice of acceptance of valid application; (iii) six months for single origin from the date of signing the notice of acceptance of a valid application.
If in the course of substantive examination, the applicant or upon the request of the industrial property Bureau conducted repair work, additional documents, the time limit for examination can be extended by the period of time for repair purposes, additional documents.
Before the end of the term examination, industrial property Bureau must be notified of content test result to the applicant and the person who requested the test prescribed in point 16.3 above.
Chapter III TRANSFER Of PROFILE Of INDUSTRIAL PROPERTY RIGHTS 17. The contract transfer of industrial property rights 17.1. The contract transferring ownership of industry is the contract transferring ownership of the object of industrial property or contract transferred the right to use industrial property object.
17.2. the ownership transfer contracts with respect to inventions, utility solutions, industrial designs, trademarks must include the following major contents: name (family name) and the full address of the receiving Party and Parties;
Transfer base (the degree of protection has been granted or transferred to the Party Affairs);
Transfer object (as whole ownership for the entire volume of the protection of industrial property objects or for a part of the volume of trademark protection-part of the list of goods and services);
Transfer prices;

The rights and obligations of each party, including the respective obligations and not contrary to the provisions of article 40 of the Decree;
The modified conditions, termination, invalidity of the contract;
How to resolve a complaint, dispute;
On the sign, where the sign;
The signature of the party or of the authorized representatives of the parties, accompanied by full name, title of the person signing and signature validation.
17.3. The contract of transfer of the right to use the invention, useful solutions, industrial designs, trademarks ("licensed contract") shall include the following contents: name (family name) and the full address of the party and the receiving Party licensed;
Licensed transfer base (the degree of protection has been granted delegated licensed; or contract licensed exclusive rights);
The scope of licensed, including: licensed Format (exclusive/non-exclusive);
Licensed object, are determined by the limited rights of use (in the acts of use are protected) and limited to industrial property objects (in the volume of protection of industrial property objects);
The territorial limit (in the territory of Vietnam);
The time limit (in term of protection of the industrial property objects).
For licensed secondary, the scope of licensed must be in the range of licensed licensed contracts exclusively on the corresponding secondary;
Li-price of gasoline;
The rights and obligations of each party, including the respective obligations and not contrary to the provisions of article 40 of the Decree;
The modified conditions, termination, invalidity of the contract;
How to resolve a complaint, dispute;
On the sign, where the sign;
The signature of the party or of the authorized representatives of the parties, accompanied by full name, title of the person signing and signature validation.
17.4. The contracts licensed is not allowed to have the terms unreasonable restrictions of rights licensed, especially the non-restrictive terms derived from the right of the Party Affairs licensed for industrial property objects correspond or not in order to protect those rights, such as: the terms directly or indirectly restrict the export of products manufactured under licensed to the territories not the Side where the delivery of licensed is the owner of the respective industrial property right or has exclusive imported objects of industrial property;
The terms forced the party to receive the licensed trademarks must buy the whole or a specified proportion of the raw materials, components or equipment assigned or licensed party of the party delivered the specified licensed without aims to guarantee the quality of goods produced by the receiving Party;
The terms prohibit the receiving Party licensed improve industrial property objects (except mark), forcing the party to get licensed to transfer for free to the delivery of improvements by the receiving Party to create, or the right to petition for the protection of industrial property, industrial property rights with regard to the improvements;
Terms banned Parties got licensed to claim about the validity of industrial property rights, or of the right to transfer the licensed Party's delivery of licensed.
17.5. If the transfer of ownership of industry is a part of the contract, the content about the transfer of industrial property rights should be established as a separate Department in comparison with the rest of the contract and subject to the provisions of this point.
18. The type of industrial property right transfer need approval, register.
18.1. According to paragraph 5 to article 38 and clause 5 Article 62 of the Decree, any contract transferring ownership or transfer of the right to use the industrial property objects in the following cases shall be the Minister of science, technology and environment approval before conducting the procedure of registration of contracts under article 42 of the decree and by 20 points to this circular (i) one of the parties involved (or right Side) is the State organization or venture capital of the State, while the other side is the individual, not the State;
(ii) the Party Affairs as individuals, legal entities or other entities of Vietnam and the party as individuals, foreign organizations.
18.2. All contracts of transfer of ownership or transfer of the right to use the industrial property subjects-including the contract approval procedure-all must be registered under article 42 of the decree and by 20 points to this circular.
19. The procedure of approval of the contract of transfer of industrial ownership 19.1. The record of approval of the contract (hereinafter referred to as the approving records) includes the following documents: (i) the Declaration recommended approval of the contract for the transfer of industrial ownership, follow the model of measuring industrial property Bureau issued, consisting of 3 a, in which the proposed name is approved by the State or organization has organized the State's venture capital if the contract in the case of 18.1 (i); Vietnam if the contract Parties either in the case of 18.1 (ii);
(ii) 2 original or 2 copies of the contract, including appendices (if any); If the contract is made in another language must be accompanied by Vietnamese translations out Vietnamese;
(iii) the original degree of protection (for the case of the transfer of ownership of the object of industrial property), or copy protection correlating qualification (for the case of the transfer of the right to use the industrial property objects), if the contract need for approval is the secondary, then the contract must be accompanied by a copy of the certificate of registration of the exclusive contract on the corresponding secondary;
(iv) a written consent of the owner of the transfer rights to if the corresponding industrial ownership is common ownership; or if it does not achieve the above agreement they must explain in writing the reasons for the failure to agree common owners of the rest;
(v) the receiving Party's business license in case of transfer of ownership or transfer of the right to use the trademark;
(vi) certificate from the approved fee contract;
(vii) the authoritative Paper (if needed).
19.2. the approval records be filed with the industrial property Bureau under the provisions apply (points 10. This circular).
The time limit for submission of the contract approval is 60 days from the date of the contract. On the time limit may be extended if the applicant proves that the reason for delay is justifiable.
19.3. the industrial property Bureau has the responsibility of receiving regulatory approval records received 11 points in this circular, with the appropriate amendments, including the type of the document referred to in point 11.2. (i) declarations; The contract transfer of industrial property rights; Certificate from the fees and Attorney.
19.4. the industrial property Bureau is responsible for considering the record of approval within a period of 12 months from the date of the record, according to the following provisions: a. case valid approval records, the contents of the contract in accordance with the provisions of the industrial property Bureau, reported results review approval and recommendation to the Minister of science Technology and the environment, a decision to approve a contract within 15 days of receiving the report of the Bureau of industrial property.
b. case records have that shortcomings and deficiencies of the type that can repair (in addition to the case prescribed in paragraph c below), the Bureau of industrial property to notify the applicants for approval to repair the deficiencies in a suitable time limit.
The deadline for the submission for approval to repair the flaws of the profile is not included in the review period.
c. the case invalid approval records for the following reasons, the industrial property Directorate recommends to the Minister of science, technology and the environment declined approving the contract transfer of industrial property rights: (i) the applicants for approval does not fix the flaws within the industrial property Bureau has been notified;
(ii) the applicants for approval is not a person specified in point 19.1. (i) above;

(iii) the delivery of the home is not the degree of protection (for the case of the transfer of ownership of industrial property objects); or not the master degree of protection and also not been transferred exclusively licensed and permitted the transfer of li-secondary gasoline for industrial property objects respectively (for cases transferred the right to use the industrial property objects);
(iv) the receiving Party does not have a business license types of goods/services in accordance with the certificate of registration of the corresponding marks (in the case of transfer of industrial property rights for a trademark);
(v) the respective industrial property rights no longer in duration of protection; or the object of industrial property that are in dispute;
(vi) based confirmed the transfer would violate the industrial property rights of third parties;
(vii) the contract contents are inconsistent with the provisions of condition limiting the transfer, or/and lack the required content, as defined in Article 38 of the decree and 17.2, 17.3, 17.4 points. This circular;
(viii) no contract terms on price or the price of transfer is outside the minimum level, the maximum under the provisions;
(ix) the contract does not have the full signature of the party and the receiving Party and/or the signature was not verified legally;
(x) Who signed a contract with no signing authority.
19.5. Before the proposal to refuse to approve the contract, the Bureau of industrial property announcing the results considering the record of approval, intends to refuse, reject reason and fixing a time limit for people applying for approved comments. If after the fixed period that people applying for approved đuyết no comments for or to comments oppose not accurate, industrial property Bureau official suggested the Minister of science, technology and the environment refused to approve the contract.
20. The procedure of registering the ownership transfer contracts 20.1 industry. Recommended records sign the contract (hereinafter referred to as the application) must include the following documents: (i) the Declaration suggest registering the ownership transfer contracts, modeled by the industrial property Bureau issued, consisting of 2 copies;
(ii) 2 original or 2 copies of the contract of transfer, including appendices (if any); If the contract made in another language must be accompanied by Vietnamese translations of contracts out Vietnamese;
(iii) the original degree of protection (for the case of the transfer of ownership of industrial property objects); or copies of diplomas corresponding protection (for the case of the transfer of the right to use the industrial property objects), if the contract should register as licensed secondary contract must accompany the certificate of registration of licensed contracts exclusively on the corresponding secondary;
(iv) a written consent of the owner of the transfer rights to if the corresponding industrial ownership is common ownership; or if it does not achieve the above agreement they must explain in writing the reasons for the failure to agree a common owner number left;
(v) the receiving Party's business license in case of transfer of ownership or transfer of the right to use the trademark;
(vi) decided to approve the contract of the Minister of science, technology and the environment (for the case of a contract of type approval is mandatory);
(vii) proof of submission of the registration fee;
(viii) the authoritative Paper (if needed);
Case of need to perform all of the procedures of approval and registration procedures, the material filed in the record of approval at the same time be regarded as documents of registration documents.
20.2. Registration documents are filed and received in accordance with approved records like (19.2 and 19.3 points to this circular).
20.3. the industrial property Bureau is responsible for considering the application within a period of two months counted from the date of the record, particularly for the contract was approved, the time limit is 15 days.
a. the case of valid registration documents, the content of the contract consistent with the provisions of the industrial property Bureau, out decides to grant a certificate of registration of the contract of transfer of ownership of the objects of industrial property, and the degree of protection in the case of transfer of the registered trademark for a product catalog section , the service; or certificate of registration of the contracts licensed and implemented the following procedures: (i) recorded on the national registry of the industrial property registry and the contract transferring ownership of the object of industrial property or the registry of contracts licensed for each respective case;
(ii) recorded on the degree of protection (for the case of the transfer of ownership of the object of industrial property) and the issuing of protection for people who are transferred trademark ownership for part catalogues, services;
(iii) the registration stamped on 02 contract and awarded to the applicants register 1, 1 a;
(iv) the applicants for registration of a certificate of registration of the contract of transfer of ownership of the object of industrial property registration certificate or contract licensed;
(v) announced the decision to grant the certificate of registration on the industrial property Gazette.
b. the case of the profile has shortcomings can fix (in addition to the case prescribed in paragraph c below), the Bureau of industrial property to notify the applicants register and ask the person to fix the flaws within the suit.
The time limit for the submission of the registration dossier's shortcomings are not included in the review period prescribed records.
c. the case invalid registration records because of the following reasons, the industrial property Bureau refused to sign the contract: (i) the applicants register does not fix the flaws within the industrial property Bureau has been determined or unsatisfactory repairs;
(ii) the applicants register is not party to the receiving Party or delivery contracts that transfer and also not industrial property agent authorized by the regulations;
(iii) the delivery of the home is not the degree of protection (for the case of the transfer of ownership of industrial property objects); or not the degree of protection and owners also must be delivered exclusively licensed and permitted the transfer of li-secondary gasoline for industrial property objects respectively (for cases of transfer of licensed);
(iv) the receiving Party does not have a business license types of goods/services in accordance with the certificate of registration of the corresponding marks (in the case of transfer of industrial property rights for a trademark);
(v) Industrial Property Rights no longer in duration of protection; or disputes;
(vi) based confirmed the transfer of industrial property rights will infringe industrial property rights of third parties;
(vii) the contract contents are inconsistent with the provisions of condition limiting the transfer as stipulated in article 38 of the Decree, or/and do not have the required content as specified in 17.2, 17.3, 17.4 points this circular;
(viii) the contract does not have the full signature of the party and the receiving Party and/or the signature was not verified legally;
(ix) The contract does not have the authority to sign;
(x) no contract approval decision (for the Appropriate local case of type approval is mandatory).

d) before officially refused to sign the contract, the Bureau of industrial property announcing the results considering the registration record, intends to refuse, reject reason and assign an appropriate time limit to the proposed registration of the opinion. After the fixed period that that the proposed sign has no comments or comments not for change, Department of industrial property registration rejection message contract transferred ownership of the industry, including stating the reason.
21. Considering the proposed Single-level licensed involuntarily 21.1. Recommended records issued licensed not from chapel contains the following material: (i) the Declaration proposed to grant licensed involuntarily, modeled by the industrial property Bureau issued;
(ii) documents proving special meaning for security, defense, protect people's health, the environmental protection of inventions, utility solutions, related industrial design and materials proved useful solution, patent, industrial designs relate are not the owner (or person of full rights is transferred using the objects it) use without There are legitimate reasons or used in the level does not meet the needs of security, defense, protect people's health, protection of the environment;
(iii) documents the capacity use of inventions, utility solutions, industrial design of the applicant and the conditions under which the applicant for reasonable has launched but not the owner (or person be transferred to part a right to use the industrial property objects) accepted without good reason;
(iv) certificate from the proposed fee level licensed involuntarily.
(v) the authoritative Paper (if needed).
21.2. the suggested profile level licensed not voluntarily submitted to the Directorate of industrial property.
21.3. after receiving the recommended records issued licensed involuntarily, the industrial property Bureau conduct the review according to the provisions in clause 5 Article 51 of the Decree. Procedures review grant proposals licensed involuntarily is similar to the procedure for approval of the contract transfer of industrial property rights (point 19 of this circular).
Chapter IV The INTERNATIONAL APPLICATION HANDLING Of Inventions, UTILITY SOLUTIONS INTERNATIONAL TRADEMARK REGISTRATION APPLICATION 22. The procedures before the industrial property Bureau regulations on the filing and conduct other related proceedings before the industrial property Bureau stated in clause 2 and 3 article 15 of the decree and point 3 of this circular also applies to the conduct of the procedures before the industrial property Bureau for International Patent Application , useful solutions, trademarks referred to in this chapter.
23. the International Application processing of patent/utility solution under the Treaty 23.1 PCT bodies competent authorities accepting receipt of the International Application in Vietnam is the Directorate of industrial property.
Industrial Property Directorate is responsible for: (i) the International Application Received Vietnam origin;
(ii) fee and transfer the respective fee to the International Bureau and the international review bodies under the provisions of the Treaty;
(iii) check the fees regulations that have been filed on time;
(iv) examine and handle international Vietnam origin Menu under the provisions of the Treaty;
(v) define the object of protection, please: If the object of protection in the Menu, please an national secrets are not carried forward the following and the fee will be refunded to the applicant unless the fee is submitted and the fees of the international stars;
(vi) send a (A records) of single-origin Vietnam international for International Office and one copy (A reference) to the international lookup;
(vii) send and receive messages from from the applicant and from the international body.
23.2. The language of the International Application submitted to the Department of Vietnam origin of industrial property must be made in English or in Russian. Each is made up of 3 a.
In the case of insufficient number of a regulation, the Directorate of industrial property shall give a sufficient number of copies required and the applicant must pay a fee of international stars.
23.3. The organ retrieval and international preliminary examination.
For the international unit of origin Vietnam, international study agencies and the agencies of the international preliminary examination authority is the Agency of the Australian patent office, Aó, Russia, Sweden and the European Patent Office.
23.4. the International Application designating Vietnam If the international application designating Vietnam, the industrial property Directorate shall be the assigned Agency. In this case, to be on the national stage, within 21 months from the priority date the applicant must submit to the Department of industrial property: (i) the Declaration please patentability of inventions, utility solutions, due to the industrial property Bureau issued, consisting of 3 copies;
(ii) a copy of the International Application, including 3 a (case of the applicant required in the national phase before the date of international publication);
(iii) A Vietnamese translation of the International Application (include A description, requirements of protection (the original was filed; the revision and interpretation under article 19 PCT), abstracts, references the painting), including 3 a;
(iv) the national fee.
23.5. the International Application has chosen Vietnam If in the petition to the international preliminary examination has chosen Vietnam, the industrial property Directorate shall be the selected Agency. In this case, and if the choice of Vietnam was conducted within 19 months from the priority date, to be on the national stage, within 31 months from the priority date the applicant must submit to the Department of industrial property: (i) the Declaration please patentability of inventions, utility solutions , modeled by the industrial property Bureau issued, consisting of 3 copies;
(ii) A Vietnamese translation of the International Application (include A description, requirements of protection (the original was filed; the revision and interpretation under article 19 PCT), abstracts, references the painting), including 3 a;
(iii) A Vietnamese translation of the annex to the report of international preliminary examination, including 3 a;
(iv) the national fee.
23.6. The document please enjoy the privilege to enjoy the right of priority, the applicant must submit to the International International Office the documents required under rule 17.1 (a) of the regulation on implementation of the Treaty; and for the industrial property Bureau 3 Vietnamese translation of that document within the time limit stated in point 23.4. and 23.5. on here.
23.7. additional amendments in the national phase document consistent with rule 51 bis PCT treaty enforcement regulations, the applicant must submit the paper authorisation rights assignment, the applicant in the international phase (if any) ... within 24 months from the priority date for the International Application designating Vietnam and 34 months for International Application has chosen Vietnam.
Accordance with Article 28 and Article 41 PCT national phase, the applicant may amend, supplement the Single document under the provisions of point 16.4. This circular.
The additional documentation, modified by the applicant filed with the industrial property Directorate shall be made by Vietnamese and was doing three a.
23.8. The time limit for national phase begins.
The time limit begins processing the International Application designating Vietnam or select Vietnam in the national stage from the first day of the second month from the date of priority, if Vietnam is specified or the water of 32 second month from the date of priority, if Vietnam is to be chosen and the selection that was made before the 19th month from the priority date First, if the applicant does not claim in the national phase earlier than the deadline stated above.
23.9. the International Application examination of the International Application examination of the form and content of the tests according to the procedure prescribed for national Application.
23.10. the International Application be treated as withdrawal

In addition to the cases being considered the withdrawal as the provisions of the PCT Treaty and regulations the implementation of the Treaty, in the case of the national fees not be filed with the industrial property Bureau or no Vietnamese translation after the expiry of the provisions in the respective 23.5 and 23.4 points on here International Application, designating Vietnam will be treated as withdrawal.
23.11. The fees for international applicants to Vietnam origin filed charges with the extent and according to the procedure determined in the regulation on the implementation of PCT Treaty and regulations of the Ministry of finance-related science, technology and the environment.
24. Making and applying for international registration of trademarks derived offshore Vietnam according to Madrid Agreement 24.1. All individuals, legal entities, other entities have the right to apply to the international registration of marks under the Madrid Agreement on condition that the mark has been registered in Vietnam.
24.2. Simple application for international registration of marks must be made in French form due to the industrial property Bureau offers free of charge, by writing to the items specific to the application (except the items reserved for the Department of industrial property and the International Bureau) and must accompany the form. In the application should specify the Madrid Convention Member States which the applicant wants to trademark protection. Applicants need preliminary total number of fees payable to the International Bureau according to the fee schedule printed on the application form. If the applicant is confident of the fee was calculated as true or after the industrial property Bureau is notified of the fee to be paid, the applicant must pay that fee to the International Bureau. In addition the applicant must also submit the additional prescribed fee for industrial property Bureau.
24.3. The Agency accepting international trademark application was filed with the International Bureau through the Office of industrial Profile.
On the industrial property Bureau received will considered on receipt at the International Office the International Office if received within two months from that date.
24.4. Submit to the International Bureau after the Application was filed with the International Bureau, all transactions between the applicant and the International Bureau shall be through the industrial property Bureau including the amendment document, restricted products, transfer of registered rights.
25. The handling of international trademark application designating Vietnam 25.1. After receiving the notification of International Bureau of the international application designating Vietnam marks, industrial property Bureau to conduct substantive examination of that Application as for the trademark Application filed directly to the Directorate of industrial property. Within a period of 12 months from the date of the trademark registrations, the International Bureau of industrial property must have concluded about the possibility of protection of the mark. If the mark is not capable of protection or rejected each section then in the time limit on the industrial property Bureau must be notified in writing to the applicant through the International Office, has stated the reason for rejection.
If within the time limit on, Bureau of industrial property without notice refuse then accepted trademark protection in Vietnam.
25.2. within 3 months from the date of the industrial property Bureau sent notice of refusal, the applicant has the right to appeal the decision of the Directorate of industrial property. The procedure of complaints and complaints are specified as for the trademark application filed directly to the Directorate of industrial property. Results complaints is industrial property Bureau informs the applicant and to the International Bureau.
25.3. The mark is accepted for protection in Vietnam under the Madrid Agreement are published on the Official Gazette of industrial property. The ranges (quantity) of protection is confirmed according to the trademark registration content organization world intellectual property (WIPO) acknowledged and are industrial property Bureau confirmed.
Chapter V DEGREE Of PROTECTION AMENDMENTS; MAINTAINING EFFECTIVE PATENT PROTECTION DEGREE, USEFUL SOLUTIONS; The EXTENSION Of The VALIDITY The DEGREE Of PROTECTION Of INDUSTRIAL DESIGNS, TRADEMARKS And APPELLATIONS Of ORIGIN Of GOODS 26. Modify the protection degree 26.1. Protection degree holder is obliged to inform in writing to the Directorate of industrial property any change of name, address of the patentee.
26.2. the protection degree Holders have the right to request the industrial property Bureau narrow (mass) protection of industrial designs and marks the tape removing one or a number of variants of an industrial design, modify some of the details of the mark but rather not do basic trademark canards; reduce some of the products lies in the product category, the service noted in the degree of protection of the trademark.
26.3. To modify the content mentioned above, the degree of protection to file petition to modify the degree of protection for the industrial property Bureau. Petition to modify the following templates because the Bureau of industrial property regulations and must be accompanied by: (i) the original degree of protection; (ii) a document certifying the amendment of the name, address of the master degree of protection; (iii) two sets of photographs or drawings of industrial design projects need to remove; (iv) 10 template registered repair; (v) Evidence from the modified fee protection degree; (vi) the authoritative Paper if needed.
26.4. the industrial property Bureau to consider the petition to modify the degree of protection within 2 months from the date of receipt. If found valid application, the amendment does not increase the range (volume) of protection or do not alter the nature of the object of protection, industrial property Bureau conducted the amendment protection degree, registration and publication of the change on the record Gazette of industrial property. In the opposite case the industrial property Bureau notifies the applicant refused to modify, there is clearly the reason.
27. the annuity To be maintained in force the degree of protection of inventions, utility solutions, Master degree pay annuity within 6 months before the end of the validity period. Annuity fee can be submitted later than the specified time limit on this, but don't be too 6, calculated from the end of the previous term of validity and the degree of protection must be submitted by 10% for each month late filing fees.
28. Renewed force 28.1. To be extended, within 6 months before the date of the degree of protection expired, the degree of protection to apply for industrial property Bureau.
Application for renewal may be filed later than the deadline specified above but not more than 6 months from the date of the degree of protection expired and renewal applicants must submit renewal fee plus 10% of the renewal fee for each month the Supreme submission.
28.2. The records required to extend the validity of diplomas of protection consists of the following documents: (i) the Declaration of renewal requirements in force protection degree, modeled by the industrial property Bureau issued, consisting of 2 copies;
(ii) the original degree of protection;
(iii) certificate from the renewal fee;
(iv) the authoritative Paper (if needed);
28.3. the industrial property Bureau to consider the petition to renew within a period of 2 months from the date of receipt. Industrial property Bureau decision to renew, recorded on the degree of protection, registration and publication in the Official Gazette of industrial property if no menu in the following cases: an application for the extension is not valid, or was not properly filed the prescribed procedure;
There is a basis to assume that the owner a certificate of trademark registration, the owner of the certificate of the right to use the appellation of origin of complete goods does not use a trademark or appellation of origin of the goods or do not use objects that repeatedly in the last 5 years before the date of the degree of protection expired without good reason;
The person requesting renewal is not the degree of protection of the trademark holder, name of origin, industrial designs respectively.

If the menu in one of the cases mentioned above, the Bureau of industrial property notification refused to renew, have stated the reason.
Chapter VI LICENSING PROCEDURES REPRESENT 29. Application for licensing representation.
29.1. The license represented by the industrial property Bureau issued on the basis of consideration of application for licensing representative at the point of 29.2, 29.3. Representative license applicants must submit the prescribed fee.
29.2. Application for certificate services industrial property agent include: application for certificate services industrial property agent, which has proposed a list of industrial property representative of the organization.
A copy of the Charter operation and the certificate of business registration;
A copy of the decision to appoint to the position held or written authorization to represent the Organization in the Organization's heads of one of the members on the list of recommendations on it;
The table service fees of industrial property representative of the Organization after the registration procedures under the provisions of the management fees and charges;
Documents filed in licensing fees represent.
Application for certificate of service organization industrial property agent must be filed together with the application for the card-level industrial property representative of the individuals in the list of recommendations on this.
29.3. card application industrial property representative include: application level Card industrial property representative, including confirmation of Ward people's Committee, the communes on the permanent address of the applicant;
University diploma copy;
A copy of the certificate of graduation training courses on industrial property; or confirmation of time and did work as prescribed in clause 1 Article 58 the Decree;
A copy of the certificate is satisfactory in a test of the law on industrial property of Vietnam by the Directorate of industrial property;
A copy of the decision of the recruitment service organization industrial property agent;
Certificate from the filed application fee.
30. Considering the application for licensing representation within 1 month from the date of the application for licensing representative, industrial property Bureau to consider, the decision to grant or deny licensing representative. If denied, the Bureau of industrial property must clearly notice the reason for the applicants. If accepted, and if the applicants have submitted the fee to license representatives, industrial property Bureau to proceed with the following procedure: licensed representative;
Noting the licensing representative on the shared industrial property agent;
Announced the licensing representatives on industrial property Gazette.
Chapter VII FINAL PROVISIONS 31. If the complaint does not agree with the decision relating to the processing of Invoices, as well as the approval and registration of the contract of transfer of rights to industrial property, considering the grant proposal Application licensed involuntarily, to extend the degree of protection, licensing representative, the applicant has the right to appeal or grievance in sequence and the procedure prescribed in clause 2 3, 4, article 27 of the Decree.
32. Process filed from 1 July 1996 to the date of this circular effect.
The Petition was filed from 1 July 1996 to the date of this circular in force was allowed to use the document template according to circular No. 1134/SC 17/10/1991 of the Ministry of science, technology and environment guidelines for implementing decree 84/dated 20/3/1990 of the Council of Ministers, and is processed according to this circular. The time limit for the processing of own say on stretched by the time from the date of filing to the date of this circular effect.
33. Document templates and Simple examination regulation Director industrial property is responsible for enacting the necessary document template related and relevant to the approval, registration of the contract of transfer of industrial property rights, and issued the regulation on Single tests.
34. The implementation of this circular replaces the following text of the scientific and Technical Committee, the Ministry of science, technology and environment: Chapters II, III, IV of circular No. 1134/SC 17/10/1991, guiding the implementation of Decree No. 84/dated 20/3/1990 of the Council of Ministers , circular No. 437/SC on 19/3/1993 additional instructions about the registration of the trademark, circular No. 163/TT-ALL MATTER on 15/4/1994 guiding the implementation of the regulations on the approval and registration of a contract licensed, circular No. 238/TT-ALL MATTER on 2/5/1994 filing and processing of the international application the request for protection of inventions, utility solutions under the cooperation treaty patent in Vietnam, decision No. 194/QD on December 21, 1992, issued regulations on industrial property agent.
This circular effect after 15 days from the date of signing.