Country：越南 · Intellectual Property
Vietnam · Intellectual Property
Vietnam is a member of the Madrid System and the PCT; IP is administered by the National Office of Intellectual Property (NOIP). Counterfeiting and trademark squatting are common in manufacturing and consumer markets — Chinese enterprises should file trademarks and patents early and use customs recordal to protect rights.
Key points
- Trademarks are first-to-file; file directly at NOIP or designate Vietnam via Madrid.
- Patents are examined; enter Vietnam via PCT; utility models have shorter terms.
- Copyright is automatic under the Berne Convention.
- Enforcement: administrative (market supervision), customs recordal and litigation run in parallel.
- Manufacturing must guard against supply-chain infringement and OEM squatting.
Procedure
- Search similar trademarks or patents.
- File with NOIP (or via Madrid/PCT designation).
- Examination and publication.
- After registration, file customs recordal against infringing goods.
- Monitor and enforce.
Hard requirements
- Clear specimen or claims; specify class.
Costs
Official fees per rules; enforcement cost is high.⏱ ⏱ Timeline：Trademark ~12–18 months; patent ~2–4 years.⚠ Common risks
- Squatting by a local third party.
- OEM filing patents or trademarks without authorisation.
- Infringing goods circulate without customs recordal.
Handbook
📘 Step-by-Step Handbook (with owner / timeline / cost / penalties)
Applies to：Chinese enterprises entering Vietnam (manufacturing, trade, e-commerce) protecting trademarks, patents, designs and copyright. Vietnam is a Madrid and PCT member, also keeping a direct national route.
Prerequisites
- Determine protection type and class (Nice classification; Vietnam accepts multi-class per mark).
- Foreign applicants must appoint a NOIP-registered local IP agent (mandatory local agent).
- Non-Vietnamese documents need a Vietnamese translation.
- Priority claimants must file within 6 months (trademark) or 12 months (patent) of the first application with proof.
- Similar-trademark and patent search completed.
| Step | Action | Owner | Timeline | Cost | Official form / system | Notes & penalties |
|---|---|---|---|---|---|---|
| 1 | IP asset inventory and search Search similar trademarks and patents in the NOIP database and WIPO Global Brand Database; assess registrability. | Vietnam local agent | 1–2 weeks | Search ~US$100–400 | NOIP search / WIPO | Vietnam is first-to-file; search is critical Penalty：No search → opposition or refusal |
| 2 | Define protection strategy Choose NOIP direct filing, or Madrid designation (trademark) / PCT national phase (patent); designs filed directly at NOIP. | Legal / Vietnam agent | — | Per official publication | Madrid / PCT / NOIP | Vietnam is Madrid and PCT member Penalty：Wrong route or missed priority → lost rights |
| 3 | Trademark application filing Via appointed local agent, file with NOIP (multi-class allowed), with Vietnamese translation and specimen. | Vietnam local agent | Formal exam ~1–2 months | Official fee per publication | NOIP trademark application | Mandatory local agent is a Vietnam-specific requirement Penalty：No local agent or untranslated docs → returned |
| 4 | Patent / design application File specification and claims; invention patents must request substantive examination within 42 months of filing; designs filed with specimens. | Vietnam patent agent | Patent grant ~2–4 years | Examination/annual fee per publication | NOIP patent system | Late substantive-exam request → deemed withdrawn Penalty：Missed exam request → application lapses |
| 5 | Examination, publication and opposition After formal and substantive examination, trademark published 2 months; third parties may oppose; patent published after grant. | NOIP / opponent | Publication 2 months | Opposition fee per publication | NOIP opposition | Vietnam may grant compulsory licence on public-interest grounds Penalty：Missing publication window → missed defence |
| 6 | Registration, certificate and enforcement After grant, NOIP issues the certificate; enforce via administrative raid (science & market supervision), customs recordal or court litigation. | Legal / local counsel | — | Enforcement fee per publication | NOIP / Vietnam court | Copyright automatic under Berne but registration aids proof Penalty：Registered only in China, not Vietnam → hard to enforce after squatting |
| 7 | Renewal and maintenance Trademark renewed every 10 years; patents need annual fees; maintain use and monitor enforcement. | IP manager | Trademark renewal from 6 months before expiry | Renewal/annual fee per publication | NOIP renewal system | Grace period with surcharge if late Penalty：Lapse for non-renewal → rights lost |
✅ Self-check list
⚠ Common pitfalls
No mandatory Vietnam local agent影响：Application not accepted.规避：Contract a NOIP-registered agent.
Documents not in Vietnamese影响：Returned, delayed.规避：Complete official translation before filing.
Patent late substantive examination影响：Application deemed withdrawn.规避：Request within 42 months of filing.
Registered only in China, not Vietnam影响：Squatted, cannot enforce.规避：Complete Vietnam IP layout before market entry.
Ignore renewal and annual fees影响：Rights lapse.规避：Set official-fee reminders.
Weak trademark distinctiveness影响：Refused.规避：Design a distinctive mark.
📅 Ongoing post-incorporation obligations
- Trademark renewed every 10 years (from 6 months before expiry).
- Patent annual fees paid to stay valid.
- Retain trademark use evidence against non-use defence.
- Monitor market and file publication-window oppositions.
- Record rights changes with NOIP.
🔗 Official portals
📎 Source：https://www.noip.gov.vn ; https://www.wipo.int
Want to turn this into an actionable compliance workflow?
CompliGo · Outbound Compliance Automation
You now have the essentials. Hand it to CompliGo: auto-generate compliance documents, real-time validation, and one-click regulatory alerts. Free trial for new users.
CompliGo is an independent SaaS operated by the outbound team. This knowledge base only drives acquisition and never handles funds or collects/pays on your behalf.