This article outlines Vietnam’s legal framework for industrial design protection, covering registration steps, and eligibility criteria relevant to businesses and investors.
Definition and Scope of Protection
According to the Law on Intellectual Property 2005 (IPL), amended in 2009, 2019, and 2022, an industrial design refers to the external appearance of a product expressed in three-dimensional configurations, lines, colors, or a combination of these elements, visible during product usage.
To protect an industrial design, it must meet specific criteria:
- Novelty: The design must significantly differ from any previously disclosed designs, whether domestically or internationally, prior to the filing date.
- Inventive step: It must not be easily created by a person with average skills in the relevant field.
- Industrial applicability: The design should be capable of mass production using industrial or handicraft methods.
Certain forms are excluded from protection as industrial designs, such as shapes dictated solely by technical functions or features invisible during use. These exclusions help ensure that industrial design protections focus on genuine design innovations rather than functional mechanics.
Application Procedure for Industrial Design Registration
The registration of an industrial design in Vietnam involves a multi-step process overseen by the Intellectual Property Office of Vietnam (IPVN), which is operated under the Ministry of Science and Technology (MST). Applicants must prepare and submit a registration dossier, which includes:
- A declaration form.
- A description of the design.
- A set of illustrative drawings or photographs.
- Documents verifying priority rights, if applicable.
- If filed through an agent, a power of attorney.
The description should specify the design’s name, field of use, its distinguishing features, and claims for protection. Moreover, a brief explanation of the visual illustrations is essential to ensure the design’s visibility during normal usage. Applicants can register multiple variants of a single design within one application, provided they share key features and differ only in minor details.
Upon submission, IPVN conducts a formality examination within one month to check if the application meets basic requirements. If accepted, the application is published in the Industrial Property Official Gazette within two months. This publication allows third parties to raise objections or provide additional prior evidence.
The application then proceeds to a substantive examination, which may take up to seven months. In this stage, IPVN evaluates novelty, inventiveness, and industrial applicability to grant a protection certificate if all criteria are met.
Filing Modes and Digital Procedures
Applicants have the option of filing applications either on paper or online. Paper applications must be filed at one of IPVN’s regional offices—Hanoi, Ho Chi Minh City, or Da Nang—either by the applicant or through an authorized IP agent. Payments can be made via bank transfer, and receipts must be included in the application dossier.
Alternatively, online filing is streamlined through IPVN’s e-filing portal, requiring a valid digital certificate and electronic signature issued by authorized Vietnamese certification authorities. Although online submission is efficient, applicants must still provide paper copies and payment confirmations within 30 days of online filing to avoid invalidating the application.
The required documents for submission include:
- Declaration form (Form No. 07, Appendix I from Decree 65/2023/ND-CP).
- Industrial design description (including name, usage field, similar designs, and protection claims).
- Four sets of drawings or photographs.
- Proof of payment for all applicable fees.
- Optional documents: Power of attorney, proof of priority rights, or assignment papers if relevant.
Official Fees and Charges
Vietnam’s official fee structure for industrial design registration is relatively moderate compared to regional standards, making it attractive for startups, SMEs, and foreign companies. The total costs may vary based on the number of design variants and images included in the application.
| Fee Type | Amount (VND) | Amount (US$) |
| Filing application | 150,000 | 5.7 |
| Examination (per object) | 700,000 | 30 |
| Publication fee (first image) | 120,000 | 4.6 |
| Additional image (per image) | 60,000 | 2.3 |
| Search for examination | 480,000 | 18.5 |
| Priority right examination (if any) | 600,000 | 23.1 |
| Classification (if done by IPVN) | 100,000 | 3.85 |
For a standard design registration including four images without priority claims, the total cost is approximately VND 1.7 million (US$65.5). Note that there are no annual maintenance fees for industrial design rights in Vietnam. However, design holders must pay a renewal fee every five years if they wish to extend protection beyond the initial term.
Duration and Renewal of Protection
Industrial design protection is valid for five years from the filing date, with the possibility of two renewals, thus extending protection to a maximum of 15 years. To maintain this protection, the right holder must file a renewal application with IPVN within six months before the certificate expires. A six-month grace period is available for late renewals, subject to an additional surcharge. Renewal requests must be accompanied by the necessary fee and a copy of the protection certificate.
Failure to renew on time results in the automatic expiration of the design. Once expired, the design enters the public domain and can be freely used. Thus, companies should diligently track protection timelines and ensure timely renewals, especially in sectors driven by design innovation.
| Renewal Cost Type | Amount (VND) | Amount (US$) |
| Renewal fee (per variant) | 100,000 | 3.85 |
| Examination of renewal request | 160,000 | 6.1 |
| Usage fee | 700,000 | 30 |
| Publication of renewal decision | 120,000 | 4.6 |
| Entry into National Register | 120,000 | 4.6 |
Regulatory Framework and Governing Bodies
Industrial design rights in Vietnam are regulated by national laws and executive instruments, primarily the IPL. Supporting legislation includes Decree No. 65/2023/ND-CP and the Circular No. 23/2023/TT-BKHCN, which elaborates on registration procedures and enforcement. Enforcement actions, including administrative penalties, are directed by Decree No. 99/2013/ND-CP, amended by Decree No. 46/2024/ND-CP.
The Intellectual Property Office of Vietnam (IPVN) serves as the administrative authority overseeing examination, publication, and dispute resolution. Vietnam’s IP regime is bolstered by international treaties, including the Hague Agreement and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), which enhance design registration across borders and ensure alignment with global standards.
Enforcement and Dispute Resolution
Enforcement of industrial design rights in Vietnam can be pursued through various legal avenues depending on the infringement’s nature. Administrative enforcement is managed by intellectual property inspectors and market surveillance authorities, who investigate and penalize unauthorized manufacturing or distribution of protected designs.
Civil litigation is also an option under the Civil Code and the Civil Procedure Code (both revised in 2015), allowing right holders to seek compensation or injunctive relief through the courts. The enforcement can extend to border regulations in cases involving imported goods, in compliance with Vietnam’s customs regulations and commitments per the WTO TRIPS Agreement.
Supporting legal documents include Joint Circular No. 01/2008/TTLT, detailing penal liabilities for IP infringements, and Resolution No. 02/2020/NQ-HDTP, providing guidance on interim measures in court proceedings. Potential sanctions for violations can include administrative fines, confiscation of infringing goods, cease-and-desist orders, or financial compensation, varying based on the forum and infringement’s severity.
Practical Considerations for Investors and Businesses
As Vietnam follows the first-to-file principle, delays in submission may lead to loss of design protection if a competitor files a similar design earlier. This is particularly crucial in sectors like packaging, electronics, fashion, and automotive components, where design copying is prevalent.
Investors are advised to conduct prior art searches and due diligence to avoid infringing on existing design rights. Although Vietnam does not require pre-registration searches, conducting them can reduce the risk of rejection during substantive examination or legal disputes after registration.
Another strategic consideration involves registering multiple variants within a single application. This approach not only saves on costs but also allows companies to safeguard a family of designs associated with a product line. For international companies entering Vietnam through licensing or joint ventures, it is vital to assign or license industrial design rights in writing and formally register these changes with IPVN to ensure their enforceability.
(US$1 = VND 25,695)
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