Circular No. 01/2007/TT-BKHCN was enacted on February 14, 2007. The Circular comprises 5 chapters and 67 articles defining procedures for establishment of industrial property rights; procedures for registration subjects of IP: invention, Layout designs, industrial design, marks, geographical indications etc; procedures for registration of contracts on assignment of industrial property rights and procedures for making decisions on compulsory licensing of patents; industrial property representation; assurance of industrial property information. This Circular came into force on May 6, 2007.

For the text of the Circular No. 01/2007/TT-BKHCN

Instruction was promulgated by the Prime Minister on February 22, 2007. The goal of this Instruction is to take directions for the strengthening and maintaining of computer program copyright protection. To get a high result, Prime Minister requires Ministries such as Ministry of Public Security, Ministry of Defense, Ministry of Foreign Affairs…to implement Instruction.

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Instruction No. 04/2007/CT-TTg

This Decree details the implementation of a number of articles of Customs Law No. 29/2001/QH10 of June 29, 2001, and Law No. 42/2005/QH11 of June 14, 2005, Amending and Supplementing a Number of Articles of the Customs Law (referred to collectively as the Customs Law) regarding customs procedures, inspection and supervision. Electronic customs procedures and customs procedures for luggage and gifts shall comply with separate regulations. The Decree consists of 9 chapters, 78 articles and Chapter II is composed of 4 sections.

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Decree 154/2005/ND-CP

This Decree was passed on November 28, 2007. Decree no. 57/2005 regulates penalties in the field of Plant Varieties relating administrative violations. This Decree admends and supplements a number of articles for that Decree including 3 articles.

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Decree Revision and supplementing of some Articles of the Decree No. 57/2005/ND-CP

Decree No. 56/2009/ND-CP was passed on June 6, 2006. This Decree governs issues on acts, competence and procedures for sanctioning administrative violations in the culture and information activities.

Administrative violations in cultural and information domains defined in this Decree include acts of violating state management regulations in press activities; publishing activities; cinematography; performing arts; public cultural activities and cultural services; fine arts, cultural, art and photo exhibitions; copyright of literary and art works and related rights; advertisement, writing and placement of signboards; cultural heritage; library; cultural and art works; import and export of cultural products; and publicization and dissemination of works to foreign countries. The Decree was divided into 5 chapters, 77 articles and Chapter II comprises 10 sections defining acts and took effect July 1, 2006.

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Decree No. 56/2009/ND-CP

Decree No. 106/2006/ND-CP was adopted on September 22, 2006. This Decree provides for administrative violations in the domain of intellectual property, sanctioning forms and levels, sanctioning competent and procedures as well as remedies. The Decree is composed of 5 chapters and 37 articles and entered into force on October 21, 2006.

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Decree No.106/2006/ND-CP

Decree No. 105/2006/ND-CP Was adopted on September 22, 2006. The subject matter of the Decree is Copyright and Related Rights, Enforcement of IP and Related Law, Industrial Property. This Decree details and guides a number of articles of the Law on Intellectual Property on protection of intellectual property rights, including identification of acts, nature and extent of infringement of intellectual property rights, identification of damage, requests for handling of infringements and settlement of those requests, handling of infringements by administrative measures, control of exports and imports related to intellectual property, assessment of intellectual property, and state management of intellectual property. The Decree comprises 8 chapters and 63 articles and came into force on October 21, 2006.

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Decree No. 105/2006/ND-CP

Decree No. 104/2006/ND-CP was passed on September 22, 2006 including 39 articles. This Decree provides detailed regulations and guidelines for execution of some articles on Plant Variety Rights in the Intellectual Property Law including responsibility for State administration, the order and procedures for establishing plant variety rights, rights and obligations of the plant variety certificate holder and breeder; transfer and assignment of rights of protected plant varieties. This Decree shall replace the Decree no. 13/2001/ ND-CP of the Government dated April 20, 2001.

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Decree No. 104/2006/ND-CP

Decree No. 103/2006/ND-CP was adopted on September 22, 2006 and came into force on October 21, 2006. The scope of regulation is defined on the first article which recognizes This Decree details and guides the implementation of the provisions of the Law on Intellectual Property on establishment, subject matters and contents of, and limitation on, industrial property right, the assignment of intellectual property rights, the industrial property representation and measures to promote industrial property activities. This decree consists of 7 chapters and 38 articles.

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Decree No. 103/2006/ND-CP

Decree No. 100/2006/ND-CP of September 21, 2006, detailing and guiding the implementation of a number of articles of the Civil Code and the Intellectual Property Law regarding copyright and related rights was passed on September 17, 2006 and came into force on October 17, 2006. This Decree was divided into 7 chapters and 48 articles. The subject of the Decree is copyright and related rights which is defined on chapter II and chapter III respectively. The role of the Decree is detailing and guiding the implementation of a number of articles of the Civil Code and the Intellectual Property Law regarding the copyright and related rights.

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Decree No. 100/206/ND-CP of September 21, 2006

Viet Nam – Japan Economic Partnership Agreement (IP provisions) was adopted on December 25, 2008 at Tokyo and came into force on October 1, 2009. The scope of regulation is competition, enforcement of IP and Related Laws, Geographical indications, Industrial Designs, Industrial Property, Layout Designs of Integrated Circuits, Patents (Inventions), Trade Names, Trademarks, Undisclosed Information (Trade Secrets). Provisions on Intellectual property was defined on Articles 1(b), 43.1 and Chapter 9. Chapter 9 comprises 20 articles defines that the parties shall grant and ensure adequate, effective, and non – discriminatory protection of intellectual property rights. IP provisions facilitate and protect for activities of IP, promote efficiency and transparency in the administration of intellectual property protection system and against infringement, counterfeiting and piracy.

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Viet Nam – Japan Economic Partnership Agreement (IP provisions)

Agreement between the Government of the Socialist Republic of Vietnam and the Swiss Federal Council on the Protection of Intellectual Property and on Co-operation in the Field of Intellectual Property was adopted on 6 and 7 July 1993. The Agreement comprises 9 articles and 2 Annex providing for an effective and adequate protection of Intellectual Property Rights (IP), reducing impediments to trade. Ensuring the measures and procedures to enforce IP is based on concrete provisions on this Agreement. That is two basic regulations “MFN – Most Favorite Nation” and “NT – National treatment” and others regulation such as: Level of Protection (Article 3),  Dispute Prevention and Settlement (Article 6), Co-operation ( Article 7)…

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Agreement between the Government of the Socialist Republic of Vietnam and the Swiss Federal Council on the Protection of Intellectual Property and on Co-operation in the Field of Intellectual Property

Agreement between Viet Nam and the United States on Science and Technology Cooperation was signed on June 24, 2005. This Agreement consists of 12 articles and 2 Annex (A and B). Issues on Intellectual Property Rights (IP) are defined in Articles V.2 and particularised in Annex A. The goal of regulations on IP is to protect legitimate activities regarding IP and facilitate for the development of that field. Intellectual property under the Agreement shall be governed by Annex A which constitutes an integral part of the Agreement. Annex A “Intellectual property” includes 4 sections: scope, allocation of rights, settlement of disputes, business – confidential information. All the parties shall ensure adequate and effective protection of intellectual property created or furnished under cooperative activities of this Agreement.

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Vietnam – U.S. Bilateral Trade Agreement (BTA) signed on July, 2000. The BTA is a result of making efforts by both parties over 4 years of negotiations and  a key step in the historic reconciliation between the United States and Vietnam. This is important foundation for Viet Nam to take part in the World Trade Organization (WTO) and boost the process of integration. The Viet Nam – US BTA is composed of 4 parts with over 100 pages: market access, trade in services, intellectual property rights, and investment. Viet Nam made a comprehensive commitment in many fields like goods, services, IP. In the part Intellectual property rights, Viet Nam has plead to phase in WTO Agreement on Trade – Related Intellectual Property Rights (TRIPS) over 18 months and and take further measures in several other areas such as protection of satellite signals.. The Bilateral TRIPS agreement goes above and beyond the WTO.

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The ASEAN-Japan Comprehensive Economic Partnership (AJCEP) was signed in April 2008. AJCEP shows a effective and intensive cooperation between a regional organisation in Southeast Asia – ASEAN and a developed country – Japan. This Agreement consists of trade in goods, trade in services, investment, and economic cooperation. Major provisions govern elimination of tariff rates on tariff lines and trade value for goods in the Normal Track, Rules of Origin (ROO) which allows regional cumulation of inputs, Dispute settlement mechanism, Trade in services agreement (currently being negotiated), Investment agreement (currently being negotiated).

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