Invention and utility solution in Vietnam

Under Intellectual Property Law of Vietnam, invention is a technical solution which must be of worldwide novelty, involves inventive steps and is applicable in various social and economic fields.

The subject of invention and utility solution may be a device, process, substance, microorganisms, cell culture, and use thereof in accordance with a new function. Subject shall not be protected as inventions include: plant or animal varieties; method for prevention, diagnosis or treatment of diseases in human being, animals or plants; topographical design of integrated circuits; computer programs.

ANT Lawyers provides clients patent services as following:

• Advise legal matters and the patent-ability of inventions and utility solutions in Vietnam and in abroad;
• Conduct patent searches and provide information on invention or utility solution, advice measures to protect patent or utility solution in Vietnam and abroad;
• Complete the applications (including translating, writing patent description, preparing illustrative drawings of patent) and file to register invention license or utility solution;
• Enforce the invention or utility solution rights, including investigation, supervision, negotiation, mediation, lawsuit initiation to handle infringement in Vietnam and oversea.
• Advise matters related to maintenance, payment of maintenance fee; recording of all changes of patent application/registrations;
• Draft, evaluate, register usage or ownership transfer of contracts on invention or utility solution;

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For advice and specific details in each case, please contact us directly at ant@antlawyers.vn or call +84 912 817 823

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Decree 125/2016/ND-CP: Preferential Import Tariff for Goods from Japan

Decree 125 stipulated the Vietnam’s preferential import tariff in particular to implement the Vietnam – Japan agreement on economic partnership in the period 2016 -2019 and the conditions for enjoying this preferential import tariff under this agreement. The Decree is issued by the Vietnam Government.

Issued together with this Decree is a long list of goods and commodities with specific tax rates.

Decree 125 includes 7 specific provisions: the scope of regulation, subjects of application, the preferential import tariff tables, conditions for applying the preferential import tariff, goods from the duty free area of Vietnam, validity and responsible for implementation.

Decree 125 comes into effect from September 1st 2016. Along with this issuance is the abolition of Circular 25/2015/TT-BTC dated February 14th 2015 issued the preferential import tariff tables of Vietnam in particular to implement the agreement between Vietnam and Japan on economic partnership in the period 2015 – 2019.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

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Set-up representative office in Vietnam

Investment law firm in Vietnam

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Decree 129/2016/ND-CP on ATIGA Preferential Import Tariff for ASEAN goods

The Government has issued Decree 129/2016/ND-CP on preferential import tariff of Vietnam in particular to implement the ASEAN Trade in Goods Agreement (ATIGA) in the period 2016 – 2018.

This Decree prescribed the preferential import tariff of Vietnam to implement the ATIGA period 2016 – 2018 and the conditions for enjoying the preferential import tariff under this Decree.

Issued together with this Decree is the preferential import tariff of Vietnam in particular to implement the ATIGA Agreement in the period 2016 – 2018 (often referred to as ATIGA tax).

Imported goods are applied the ATIGA tax when satisfying the following conditions:

1. Included in the preferential import tariff attaching to this Decree.
2. Being imported into Vietnam from countries that are members of the ASEAN Trade in Goods Agreement, including: Brunei Darussalam; Kingdom of Cambodia; Republic of Indonesia; People’s Democratic Republic of Laos; Malaysia; Federal Republic of Myanmar; Republic of the Philippines; Republic of Singapore, Singapore; Kingdom of Thailand; Socialist Republic of Vietnam (goods in duty free area importing to the domestic market).
3. Being shipped directly from the exporting country to Vietnam.
4. Satisfy the regulations on goods origin in the ATIGA, have certificates of goods origin (C/O) – form D, prescribed by the Ministry of Industry and Trade.

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Patent Registration Procedures in Vietnam

ANT Lawyers is a patent law firm in Vietnam that can assist client in the patent registration process and other patent relating issues.

Time and procedures for patent registration:

+ The time for form evaluation: 01 months from the date of receipt;

+ The time to publish the application: 18 months from the priority date or the 2nd month after receiving the request for content evaluation;

+ The time for content evaluation: 12 months after receiving the request for content evaluation or the date of publication

+ The time for patent protection is 20 years, for the patent for utility solution is 10 years.

Profile includes:

+ Declaration (02 sheets according to form);

+ Description (02 sheets, including drawings, if any);

+ Relevant documents (if any);

+ Receipt of fees and charges.

+ Request for protection (02 sheets);

Patent registration requirements:

1.Organizations and individuals that meet the following conditions may register for patent:

+ The author created the patent by his efforts and expenses;

+ Organizations and individuals investing in fund and material for the author in the form of contract work, unless the parties have other agreements and that agreements are not contrary to the provisions of law;

+ The case that the invention was created on the basis of entire state investment funds and technical facilities, the patent registration right belongs to the State. Organizations and state agencies are empowered as investor, representing State to exercise the right to register for patent;

+ The case that the invention was created on the basis of State contributes capitals which are funds and technical facilities, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. Organizations and Government agencies that are representatives of the State capital will be responsible for implementing the State’s patent registration right;

+ The case that many organizations and individuals working together to create or invest to create the invention, that organizations and individuals all have the right to register for patent and the registration will be implemented only if all organizations and individuals agree;

+ The case that the invention was created by using the technical facilities and expenses from state budget:

+ The case that the invention was created on the basis of research and development collaboration between state organizations, agencies and other organizations, individuals, if the cooperation agreement has no other provisions, part of the patent registration right corresponding to the proportion of capital contribution will belong to the State. State organizations and agencies participating in the research and development process will be responsible for implementing the State’s patent registration right.

2. To be granted the patent registration, the applicant must meet the following requirements: new; creative and capable of industrial application.

3. To be granted the patent protection/utility solution, the applicant must meet the following requirements: new and capable of industrial application.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

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Decree 126/2016/ND-CP on Preferential Import Tariff to Implement ASEAN – India Free Trade Area

According to the Decree, the import of goods under the special preferential import tariff; Imported into Vietnam from member countries of the ASEAN – India Free Trade Area such as Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, India, Vietnam (with goods from duty free area importing to the domestic market); Transported directly from the exporting country mentioned above and meet the regulations on the origin of goods in the ASEAN – India Free Trade Area, have certificate of goods origin according to “AI form” prescribed by the Ministry of Industry and Trade will be entitled to the special preferential import tariff.

In particular, the tax rate of 0% will be applying since 2016 – 2018 with thoroughbred live animals for breeding purpose; plant originated fertilizer; banknotes (paper currency), legal but have not been put into circulation; shearing wool; cotton fiber; hemp, as raw material or soaked; refined copper and copper alloys, unworked; scrap and lead; filling machine, closing, capping, sealing or labeling bottles, cans, boxes, bags or other containers; capsuling machine for bottles, jars, tubes and similar containers; aerating beverages machine; automatic machines for the transport, keep and preserve of clamp printed circuit boards, printed wiring boards or printed assembled circuit assembly; compactor; bulldozer…

Decree 126 takes effect from September 1st 2016.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at ant@antlawyers.vn or call the telephone at +848 35202779.

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Decree 18/2015/ND-CP on Environmental Protection Issues

On February 14th 2015, the Government issued Decree 18/2015/ND-CP provides regulations on environmental protection planning, strategic environmental assessment, environmental impact assessment and environmental protection plan.

In particular, notably the new rules on environmental protection plan registration. Specifically, instead of setting up and registration of the environmental protection commitment as before, from April 1st 2015, the new investment projects, investment projects to expand the scale and increase the capacity of production facilities, investment and production plans that are not subject to environmental impact assessment will have to register their plans for environmental protection at the competent authority in accordance with law.

In case the project is located in 2 or more provinces, the registration of environmental protection plan should be made in one of the provincial People’s Committee at the request of the project owner.

Particularly for the catering service with the area under 200m2; commercial service, itinerant trading without fixed place; repair, maintenance services for household products; photocopy services, internet access services; animal farming with stables scale smaller than 50m2, seafood farming on a scale of smaller than 5,000m2 area of water; building office, guesthouse, hotel, tourist accommodation with scale smaller than 500m2 floor… are not subject to environmental protection plan registration.

One other notable content is the change in the object to perform environmental impact assessment. Accordingly, from April 1st 2015, only projects to build resort, sport and entertainment complex, golf course with the area from 10 hectares or more will have to implement environmental impact assessment instead of the regulation of 5 hectares or more as before; Similarly, projects to build supermarket, commercial center with floor area under 10,000m2 will not have to perform environmental impact assessment. Also from this date, the projects to build medical clinics and other health care facilities with scale of less than 50 beds will not have to perform environmental impact assessment as before…

This Decree takes effect from April 1st 2015.

ANT Lawyers is Vietnam exclusive member of Prae Legal, an international law firm network, providing full ranges of legal services in Vietnam

For Vietnam legal matters or services, the clients could reach ANT Lawyers, the exclusive Vietnam law firm members via email at vietnam@praelegal.de or ant@antlawyers.vn or call the telephone at +848 35202779.

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Decision 36/2016/QD-TTg Regulates the Tax Rate for Imported Goods

Decision No. 36/2016/QD-TTg dated September 1st 2016 of the Prime Minister prescribed the normal tax rate for imported goods at Point c, Clause 3, Article 5 of the Law on export and import tax.

Accordingly, the import duty of 5% will be applied to many items, such as: Smart cards; Telephone answering machines; Cell phone for cellular mobile network or other wireless networks; Vacuum cleaner; Uninterruptible power supply (UPS); Automatic payment machine; Electronic computer that can operate without external power source and recorder, reproducing and displaying data, pocket-size with calculator function; Dry washing machines; Flat iron; Offset/Roll printing machine; Printer – photocopy machine, print using inkjet/laser technology…

For imported goods that are not included in the above list of normal import tariff and not in the case of imported goods that are enjoying preferential tax rates or special preferential tax rate under Point a and b, Article 5 of the Law on export and import tax, then may be subject to the ordinary tax rate equal to 150% of the preferential import tariff of each corresponding items in Annex II of Decree No. 122/2016 /ND-CP on September 1st 2016.

The Decision takes effect from September 1st 2016.

Legal Services in Vietnam

• Commercial
• Intellectual Property
• International Trade and Taxes
• Infrastructure and Project
• Civil Matter
• Dispute Resolution
• Debt Recovery
• Employment
• Foreign Investment

ANT Lawyers is a Vietnam law firm with English speaking lawyers whom understand the laws of Vietnam within the business and the local culture context.

For advice or service request, please contact us via email ant@antlawyers.vn, or call +84 8 3520 2779.  To learn more about us, visit www.antlawyers.vn.

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