IP law document

The Civil Code was passed on June 14, 2005 and came into force on January 1, 2006. It replaced the former Civil Code, 1995, which had codified all existing legislations on civil matters and created the legal foundation for ownership and civil rights. It also replaced all former regulations...

The Competition Law was passed on December 3, 2004 and came into force on July 1, 2005. It foresees general provisions for acts of competition’s restriction and of unfair competition. The law also provides procedures for the settlement of competition cases and measures to deal with violations of the competition...

The Ordinance on Procedures for the settlement of Administrative Cases came into force on July 1, 2006. It aims at amending a number of articles of the former Ordinance on Procedures for the settlement of Administrative Cases, 1996. The new Ordinance also contains general provisions about administrative proceedings and procedures...

Paris Convention for the Protection of Industrial Property was adopted in 1883. The Paris Convention applies to industrial property in widest sense, including patent, utility models, industrial designs, trademarks, service marks,  trade names, indication of source or appellation of origin, and the repression of unfair competition. The Paris Convention...

The Law on Technology Transfer was passed on November 29, 2006 and came into force on July 1, 2007. Aim of the law is to regulate the transfer of technologies in Vietnam, from Vietnam to abroad and from abroad to Vietnam. The law contains some specific provisions related to intellectual...

WIPO Copyright Treaty (WCT) was adopted in Geneva on December 20, 1996 consisting 25 articles. The aim of WCT is to develop and maintain the protection of  the rights of authors in their literacy and artistic works in a manner as effective and uniform as possible. The WCT is...

International Convention for the Protection of New Varieties of Plants (UPOV) was adopted on December 2, 1961 including 37 articles  and came into force on August 10, 1968. The purpose of this Convention is to ensure that the members of Union acknowledge the achievements of breeders of new varieties of...

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,...

The Criminal Procedure Code was passed on November 26, 2003 and came into force on July 1, 2004. It provides general processes and procedures for the institution of legal proceedings, investigation, prosecution and enforcement of criminal judgments. Even if it does not contain any special provisions for intellectual property, it...

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...

Joint Circular No. 02/2008/TTLT-TANDTC-VKSNDTC-BVHTT&DL-BKH&CN-BTP was passed on April 3, 2008 and entered into force on May 22, 2008. Joint Circular includes 2 parts (A and B). Part A defines the disputes over intellectual property rights which fall under the handling competence of people’s courts (specified in Clause 4, Article...

Seed Ordinance was promulgated by National Assembly Standing Committee under No: 15/2004/PL-UBTVQH11. The purpose of this Ordinance is stipulating the management and preservation rules for plant genetic resources, research, selection, breeding, evaluation, on-site inspection, seed testing, release the new variety and protection of new plant varieties, selection and certification...

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...

Agreement establishing the ASEAN-Australia-Newzealand Free Trade Area (AANZFTA) started negotiating in 2005 and came in force for all countries in 2012. The AANZFTA is the first comprehensive FTA signed by ASEAN. Issues on Intellectual property right are defined in Chapter 13 including 12 articles. This chapter regulates intellectual property...

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...