Industrial Design Registration and Protection in Vietnam

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 Law on Intellectual Property 2005 (“IPL”), amended and supplemented in 2009, 2019, 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, and is visible when the product is in use.

To be eligible for protection, an industrial design must satisfy the following criteria:

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• Novelty: It must differ significantly from designs disclosed within the country or worldwide prior to the filing date or the prioritized date;
• Inventive step: The design must not be easily created by a person with average knowledge in the field; and
• Industrial applicability: The design must be capable of mass production using industrial or handicraft methods.

Certain forms are excluded from protection as industrial designs, including product shapes dictated solely by technical function, invisible features during use, and architectural designs. These exclusions help maintain the integrity and intention of industrial design protections, ensuring they are used to safeguard authentic design innovations rather than functional mechanics or regulatory loopholes.

Application procedure for industrial design registration

Registering an industrial design in Vietnam involves a multi-step process administered by the Intellectual Property Office of Vietnam (IPVN), the central authority under the Ministry of Science and Technology (MST). The applicant must first prepare and submit a registration dossier that includes a declaration form, a description of the design, a set of illustrative drawings or photographs, and documents verifying priority rights if applicable. If the application is filed through an agent, a power of attorney must also be submitted.

The design description must clearly specify the design’s name, field of use, significant distinguishing features, and claims for protection. In addition, a brief explanation of the drawings or photos is required to ensure the design’s visibility during ordinary product usage. The law allows applicants to register multiple variants of a single design in one application, provided they all share the same primary features and differ only in minor details. Each variant must be supported by a separate set of visual illustrations.

Upon submission, IPVN conducts a formality examination within one month to determine whether the application satisfies basic requirements. If accepted, the application is published in the Industrial Property Official Gazette within two months from the date of acceptance. This publication allows third parties to raise objections or provide additional prior art evidence.

Afterward, the application proceeds to substantive examination, which may take up to seven months. During this stage, IPVN evaluates the novelty, inventiveness, and industrial applicability of the design. If all requirements are met, the industrial design is granted a protection certificate, and the registration is recorded in the National Register of Industrial Property.

Filing modes and digital procedures

Applicants may choose between two modes of filing, paper-based and online submission. Paper applications must be physically filed at one of IPVN’s regional offices in Hanoi, Ho Chi Minh City, or Da Nang, either by the applicant or an authorized Intellectual Property (IP) agent. Payment can be made via bank transfer, and receipts must be included in the application dossier.

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Online filing is available through IPVN’s e-filing portal, designed to streamline submission and improve efficiency. This mode requires the applicant to hold a valid digital certificate and electronic signature, both of which are issued by licensed Vietnamese certification authorities.

While digital submission is considered more efficient, it still mandates submission of paper copies and payment confirmations within 30 days from the online filing date. Failure to meet this requirement may result in the application being deemed invalid.

Required documents to be submitted:

• Declaration form (Form No. 07, Appendix I issued with Decree 65/2023/ND-CP );
• Industrial design description (including name, usage field, similarity comparison, protection claims);
• Four sets of drawings or photographs;
• Proof of payment of fees and charges; and
• Optional: Power of attorney, right of priority documents, or assignment papers if applicable.

Timeframe for processing:

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, small and medium enterprises (SMEs), and foreign companies entering the Vietnamese market. The total official fees depend on the number of design variants and drawings included in the application.

The total cost for a standard design registration with four images and no priority claim can be estimated at VND 1.7 million (US$65.5). Annual maintenance fees are not required for industrial design rights in Vietnam. However, design holders must pay a renewal fee every five years if they wish to extend the protection duration beyond the initial term.

Duration and renewal of protection

An industrial design protection title is valid for five years from the filing date, and it can be renewed twice, each for five more years, up to a maximum of 15 years.

To maintain the 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 renewal, but a surcharge is levied during this time. The renewal request must be accompanied by the relevant fee and a copy of the protection certificate.

Failure to renew the design protection on time results in automatic expiration. Once expired, the design enters the public domain and can be freely used by others. Therefore, it is critical for companies to track protection timelines carefully and ensure timely renewal, especially in sectors where design innovation drives competitive advantage.

Regulatory framework and governing bodies

Industrial design rights are regulated by a combination of national laws and executive legal instruments. The core law is the IPL. The law is implemented through supporting legislation such as Decree No. 65/2023/ND-CP and Circular No. 23/2023/TT-BKHCN, which provide detailed procedures for registration and enforcement. Enforcement actions, including administrative penalties, are guided by Decree No. 99/2013/ND-CP, as amended by Decree No. 46/2024/ND-CP. The administrative authority overseeing this domain is the Intellectual Property Office of Vietnam (IPVN), which is responsible for examination, publication, and dispute resolution.

Vietnam’s IP regime is also strengthened by international treaties, including the Hague Agreement and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP). CPTPP requires a minimum 10-year term for the initial registration and each renewal of a trademark registration. Hague Agreement (2019) allows international registration of industrial designs through a single World Intellectual Property Organization (WIPO) application. These treaties facilitate design registration across borders and ensure Vietnam’s legal framework is aligned with global standards.

Enforcement and dispute resolution

Enforcement of industrial design rights in Vietnam can be pursued through multiple legal channels, depending on the nature and severity of the infringement.

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Administrative enforcement is handled by intellectual property inspectors and market surveillance authorities, who are empowered to investigate and penalize violations such as the unauthorized manufacture or distribution of protected designs.

Civil litigation is also available 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. In some cases, especially where imported goods are involved, enforcement can extend to the border under Vietnam’s customs regulations and commitments under the WTO TRIPS Agreement.

Legal instruments that support these enforcements are Joint Circular No. 01/2008/TTLT, which outlines penal liability for IP infringements, and Resolution No. 02/2020/NQ-HDTP, which provides guidance on applying interim measures in court proceedings. Sanctions for violations may involve administrative fines, confiscation of infringing goods, cessation orders, or monetary compensation, depending on the forum and severity of the case.

Practical considerations for investors and businesses

Since Vietnam follows the first-to-file principle, delay in submission may result in loss of protection if a similar design is filed earlier by a competitor or local manufacturer. This is particularly important in industries such as packaging, electronics, fashion, and automotive components, where design copying is common.

Investors should also conduct prior art searches and due diligence to avoid infringing on existing design rights. Although Vietnam does not mandate pre-registration searches, doing so reduces the likelihood of rejection during substantive examination or legal disputes post-registration.

Another strategic consideration is the registration of multiple variants within a single application. This not only saves cost but also allows companies to protect a family of designs linked to a single product line. For global companies entering Vietnam through licensing or joint ventures, it is important to assign or license industrial design rights in writing and register the changes with IPVN to ensure enforceability.

(US$1 = VND 25,695)