Members' Countries
Official Name: Socialist Republic of Vietnam
Land Area: 330,000 sq km
Capital: Hanoi (3 million inhabitants)
Population:
82.7 million
Languages: Vietnamese, Khmer, French, Chinese, English
System of government: Socialist republic
Head of State: Tran Duc Luong
Prime Minister: Phan Van Khai
People: 84% ethnic Vietnamese, 2% ethnic Chinese, also Khmers, Chams and members of over 50 ethno-linguistic groups
Gross Domestic Product: US$203.9 billion
Annual per Capita GDP: US$2,500
Annual Growth : +7.3%
Inflation : +3.9%
Currency: Dong (VND)
Major Industries:
Rice, rubber, food processing, sugar, textiles, chemicals
Major Trading Partners: USA,Japan, Taiwan, South Korea,China , Singapore
General
The State of Vietnam is located in South East Asia, bordering the Gulf of Thailand, the Gulf of Tonkin and the South China Sea, alongside China, Laos and Cambodia.
The name of the country comes from the Vietnamese Vi?t Nam, which is in turn a reordering of Nam Vi?t—the name of an ancient kingdom from the ancestral Vietnamese that covered much of today's northern Vietnam and southern China. Its Chinese cognate, Yue/Yuet, was also a name for ethnic groups living in the proximity of southern China during ancient time.


Economy

Since the early 1990s, Vietnam has been moving from a planned to a market economy with a "socialist character". This policy of renewal ("Doi Moi") which has been gradually pursued resulted in remarkable economic success in the first few years that is high growth rates and an enormous increase in exports. Foreign trade now accounts for 44% of GDP. At the same time, structural problems have become obvious in recent years. They include the restructuring of state-owned companies running a deficit, modernization of the financial and banking system, the establishment of an efficient administration and structures based on the rule of law.
But in September 2001, the Vietnamese Government adopted a 6-point program providing for the improvement of the legal and administrative conditions for foreign investment, especially the decentralization of licensing procedures. The aim is to attract foreign capital to the tune of US$ 12 billion by 2005. Foreign investors appreciate the political stability of the country and the comparably well trained and motivated labour force.
With its accession to ASEAN, Vietnam accepted responsibility to implement the arrangements made under the ASEAN Free Trade Area (AFTA) for the reduction of intra-community trade and investment barriers. As a core element of this arrangement, the duties for a broad range of agricultural and industrial products are to be gradually reduced to below 5%. However, Vietnam was given time until 2006 to reduce import-relevant trade barriers.


A.  Patent Law

If the owner of an invention wants him to prevent others from using, copying or making the invention without his consent he shall apply for patent protection.

 1. Required information

 1.1     Full name, address and nationality of the applicant,
 1.2     Full name, address and nationality of the inventor,
 1.3     Title of the invention/utility solution,
 1.4    Country, application number and filing date of the original foreign            application from which priority is claimed (if priority is claimed),

 1.5    International filing number and publication number
         (in case of PCT applications entering the Vietnam National Phase).

 2. Required documents:

2.1  Specification consisting of the title, description, Claims and abstract       (English version) - 02 copies;

2.2  Drawings (if any) - 02 copies;

2.3 Original Power of Attorney (notarization is not required), of which a        copy is accepted for filing an application but the original one must        be submitted within 03 months from the filing date; The original        Power of attorney can be submitted within 34 months from the        priority date.

2.4 Certified copy of the priority document (only for applications claiming        priority under Paris Convention), which can be submitted within 03 months        from the filing date;

2.5 As to PCT applications entering the Vietnam National Phase, apart        from the above documents, the following PCT documents are        required: PCT publication, International Preliminary Examination        Report (PCT/IPER/409) (if any), Notification of Change (PCT/IB/306)
       (if any), International Search Report (PCT/ISA/210)

2.6  Deed of Assignment and the Vietnamese translation of the priority         document may be required by the Vietnamese Patent Office in         necessary cases;

3. Term
1. Term for PCT applications to enter the Vietnam National Phase is 31 months     from the priority date;

2. A request for substantive examination must be filed within 42 months (as to     invention) or 36 months (as to utility solution)  from the first priority date;

4. Recording
Time for formality examination is 01 month from the filing date and for substantive examination is 12 months (as for invention) or 09 months (as for utility solution) from the publishing date (if the request for substantive examination is  filed before the publishing date) or from the request date
(if  the request is filed after the publishing date);
   
5. Duration/ Renewal

 The validity term of a Patent is 20 years (as for invention) or 10 years (as for utility solution) from the regular filing date and the Patent is effective from the granting date; Annuity is required to be paid only after a Patent is granted
  
6. Fees
Applicants of Vietnamese patent applications should be advised that any amendments made, upon or after entry into the  Vietnamese national phase, to the description, claims, abstract, or drawings where applicable, and even the title of the invention, is  subject to payment of fees. Note must be taken immediately that  such amendments include those made in response to Office  Actions at any stage.Thus, it would be worthy to consider wisely in   deciding to make, either separately or in combination, amendments to the application's substance.

7. Treaties
Vietnam is member of the PCT.

B. Trademark Law
A Trademark shall be registered if someone wants to control the use of a certain sign he owns.

   1.     Required Information

              Trademark applications must be filed on an official form, which               requires:
             
              1.1    the name
              1.2    address and nationality of the applicant,
              1.3    description of the mark, the list of goods and/or services and                        the international classification.
              1.4    the applicant must supply 20 specimens of the mark,
              1.5    notarized power of attorney,
              1.6   certified copies of any priority documents, with an English                        translation if he documents are in a language other than                        English.

  2.     Examination
          Paris Convention priority may be claimed if the application is filed within           six months of the first application file date. Trademark applications are           initially examined by the NOIP as to form and then as to substance. If           the application documents are in correct form, the NOIP issues a notice           of acceptance ("NOA") as to compliance with the formal conditions and           to confirm the filing date and application number. The NOA is issued           within three months of the submission of the application. If the           application is incomplete, the applicant is afforded two months to           amend the application


  3.    Registration
         After the trademark application is accepted as to form, the application is          examined for registrability.

         The NOIP determines whether the mark is available for use or whether it          conflicts with a prior right.
         The examination as to registrability must be completed within nine          months of the NOA. If the mark is accepted, a Certificate of Trademark          Registration is granted and a notice of registration is published in the          Official Gazette of Industrial Property.

         If a mark is rejected, refused or invalidated, the applicant can appeal          the rejection to the NOIP, who must examine and settle the matter          within 30 days of receiving the petition. A further appeal can be made to          the Minister of the Ministry of Science, Technology and Environment          (MOSTE) within three months from the date of the NOIP's Notice. An          appeal can also be filed to the courts.

  4.    Duration/ Renewal
         A trademark is protected in Vietnam for 10 years from the date of filing          Trademark registrations can be renewed for successive 10-year periods.          Requests for renewal must be filed six months prior to the expiration          date.The NOIP will accept renewal applications where the registration has          expired up to six months after the expiration date upon payment of          additional fees.


  5.     Treaties
          Vietnamese legislation relating to Intellectual Property is encompassed           in the Civil Code of Vietnam, which took effect on July 1, 1996. Vietnam           is a member of the:

                •    Paris Convention for the Protection of Industrial Property;
                • Convention establishing the World Intellectual Property                      Organization;
                •    Patent Cooperation Treaty (PCT); and
                •    Madrid Agreement concerning the International Registration of                      Marks.

           Vietnam adopted (a) the International Classification of Goods and            Services for the purpose of the registration of trademarks, and (b) the            International Patent Classification (IPC), but Vietnam is not an official            member of the Nice Agreement and Strasbourg Agreement,            respectively.



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