National Legislation
Vietnam began protect trademarks in 1982, when it promulgated the Regulations on Trademarks by Decree No.197-HDBT.
The promulgation of Ordinance on Protection of Industrial Property Rights by Order No.13-LCT/HDNN8 of 11 February 1989 of the President of State Council opened a new era in the field of industrial property law in Vietnam. The Ordinance established both substantive industrial property rights and a system for their administration and protection.
On October 28, 1995 the National Assembly passed the Civil Code which contains, among others, stipulations on industrial property (chapter II of section 6). The Civil Code which took effect on July 1, 1996 replaces, amongst other laws, all old law and regulations on industrial property in Vietnam. This was the first time since 1975, the year of reunification of Vietnam, a legal document regulating industrial property was issued by the highest legislative body of Vietnam.
The following are other subordinate legislation which were passed by bodies other than the National Assembly, who have been granted power to enact such legislation by the National Assembly.
1. Decree No.63/CP providing Detailed Regulations and Guidelines for implementing the provisions of the Civil Code on Industrial Property, was signed by the Prime Minister on October 24, 1996 and took effect on that date.
2. Circular No.3055/TT-SHCN providing Detailed Guidelines on Industrial Property Application Procedure promulgated by the Ministry of Science, Technology and Environment on December 31, 1996 and took effect on January 15, 1997.
Conventions and Treaties
Vietnam is a member of the following conventions and treaties.
1. 1883 Paris Convention for the Protection of Industrial Property (1967 Stockholm Revision), since 1949
2. 1967 Convention establishing the World Intellectual Property Organization, since 1976
3. Madrid Agreement Concerning the International Registration of Marks, since 1949
Vietnam adopts the International Classification of Goods and Services for the Purposes of the Registration of Marks but is not an official member of Nice Agreement
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Introduction To Trademark Law In Vietnam - Legislation
