The Law Amending and Supplementing a Number of Articles of the Penal Code
National Assembly promulgated the Law amending and supplementing some articles of penal code which was passed on June, 19, 2009 under no. 37/2009/QH12. Two articles including 170, 171 which relate to Intellectual property (IP) were amended and supplemented. Particularly, article 170a is “Infringing upon copyright and related rights”. This...
The Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property
National Assembly promulgated the Law amending and supplementing a number of articles of the Law on Intellectual property (IP) which was passed on June, 19, 2009. This statute document enhances the applicability, makes more suitable for reality and trengthens the framework of Law 2005 on Intellectual property. The Law...
Ordinance on Procedures for the settlement of Administrative Cases, 1996:
The Ordinance on Procedures for the settlement of Administrative Cases was passed on May 21, 1996 and came into force on July 1, 1996. It was amended in 2006 by the new Ordinance on Procedures for the settlement of Administrative Cases.
The Ordinance provided for general principles concerning the administrative...
Criminal Code, 1999:
The 1st Criminal Code of Vietnam including provisions on intellectual property is the Criminal Code passed on December 21, 1999 that came into force on July 1, 2000.
The Criminal Code, 1999 included several provisions on intellectual property. First of all, infringements upon copyrights and their consequences are explained in...
Science and Technology Law, 2000:
The Law on Science and Technology was passed on June 9, 2000 and came into force on January 1, 2001. The aim of this law is to regulate scientific and technological organizations and activities.
A few articles of the law contain specific provisions about intellectual property. Firstly, article 2-8 explains...
Customs Law, 2001:
The Customs Law was passed on June 29, 2001, came into force on January 1, 2002 and was amended in June 2005.
The section 5 of the Customs Law is devoted to intellectual property. It contains 3 articles (articles 57, 58 and 59) setting up the conditions of the customs...
Ordinance on Handling of Administrative Violations, 2002:
The Ordinance on Handling of Administrative Violations was passed on July 2, 2002 and came into force on October 1, 2002. It was amended in 2008 by the new Ordinance on Handling of Administrative Violations. The Ordinance foresees general provisions in case of administrative violations and also regulates the...
Criminal Procedure Code, 2003:
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...
Civil Procedure Code, 2004:
The Civil Procedure Code was passed on June 15, 2004, and came into force on January 1, 2005. It provides processes and procedures for the settlement of civil affairs and the enforcement of civil judgments.
More precisely, when it comes to intellectual property, articles 25-4, 29-2 and 34-1 of the...
Competition Law, 2004:
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...
Civil Code, 2005:
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...
Intellectual Property Law, 2005:
The former Intellectual Property Law was passed on November 29, 2005 and came into force on July 1, 2006. It was amended by the afore-mentioned new Law on Intellectual Property, 2009.
The former law was considered a great advance for the protection of the intellectual property, but also for complying...
Ordinance on Procedures for the settlement of Administrative Cases, 2006:
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...
Technology Transfer Law, 2006:
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...
Ordinance on Handling of Administrative Violations, 2008:
The Ordinance on Handling of Administrative Violations was passed on April 2, 2008 and came into force on August 1, 2008. It aims at amending and supplementing the former Ordinance on Handling of Administrative Violations passed in 2002.
When it comes to intellectual property, only one amendment of the Ordinance...
