Industrial property forms a vital pillar of Vietnam’s intellectual property legal framework, encompassing protected subject matters such as inventions, industrial designs, trademarks, geographical indications, and layout designs of integrated circuits. Establishing, maintaining, and enforcing rights over these assets require strict adherence to regulatory requirements regarding application dossiers, administrative procedures, and statutory timelines. To detail and implement the latest provisions of the Vietnamese Law on Intellectual Property and Decree 65/2023/ND-CP, the Minister of Science and Technology officially issued Circular 10/2026/TT-BKHCN Guiding the Intellectual Property Law on Industrial Property in Vietnam. Effective from April 1, 2026, Circular 10/2026/TT-BKHCN provides comprehensive guidelines on specific articles and implementation measures under the Law on Intellectual Property, Decree 65/2023/ND-CP, and relevant amending and supplementing decrees.
Some basic information regarding Circular 10/2026/TT-BKHCN
Circular 10/2026/TT-BKHCN was issued in the context that Decree 65/2023/NĐ-CP had already been amended and supplemented by Decree No. 15/2026/NĐ-CP, Decree 33/2026/NĐ-CP, and Decree 100/2026/NĐ-CP. Consequently, the issuance of Circular 10/2026/TT-BKHCN aims to provide a consistent framework for the implementation of procedures in the field of industrial property.
Some basic information regarding Circular 10/2026/TT-BKHCN:
| Content | Details/Information |
| Document number | 10/2026/TT-BKHCN |
| Issuing authority | Ministry of Science and Technology |
| Issuance date | March 31, 2026 |
| Effective date | April 1, 2026 |
| Main scope | Detailed provisions and implementation guidelines for specific regulations on industrial property |
| Applicable entities | Organizations and individuals conducting procedures related to industrial property rights, and other relevant entities |
| Covered industrial property subject matters | Inventions, industrial designs, trademarks, geographical indications, layout designs, and related procedures |
How does circular 10/2026/TT-BKHCN regulate the application of intellectual property procedures in Vietnam?
One of the notable aspects of Circular 10/2026/TT-BKHCN is the provision regarding the procedure for processing applications for patents and utility solutions, industrial designs, trademarks, geographical indications, and layout-designs.
According to Article 4 of Circular 10/2026/TT-BKHCN, in principle, an application is processed through a sequence consisting of the following basic steps:
Step 1: Receipt of application
The Vietnam National Office of Intellectual Property accepts an application when it meets the conditions prescribed for the specific type of industrial property subject matter.
Step 2: Formality examination
The competent authority shall verify compliance with requirements regarding the form and composition of the application, the applicant’s information, relevant documentation, and other conditions to determine whether the application is valid.
Step 3: Application publication
In cases subject to publication requirements, a valid application shall be published in accordance with the provisions of the Law on Intellectual Property and the Circular.
Step 4: Substantive examination
The competent authority assesses the registrability of the subject matter of an application based on the corresponding protection requirements.
For patent applications, substantive examination is conducted upon request, in accordance with the regulations.
Step 5: Handling third-party oppositions
During the application processing stage, if a third party submits an objection, the matter shall be handled in accordance with the specific provisions set forth in the Circular.
Step 6: Decision on grating or refusing protection
Based on the examination results, the Intellectual Property Office shall issue a decision to either grant or refuse the granting of a protection title. The decision to grant a protection title is published in the Industrial Property Gazette.
Furthermore, during the application processing stage, the applicant may exercise certain rights, such as amending, supplementing, withdrawing, dividing, or converting the application, in accordance with the regulations.
What does an application dossier for industrial property registration in Vietnam include?
The composition of the application dossier depends on the specific type of industrial property subject matter.
Patent registration dossiers
Pursuant to Article 11 of Circular 10/2026/TT-BKHCN, which provides guidelines for the Law on Intellectual Property regarding industrial property, a patent application must include the following:
- A patent registration declaration, prepared according to Form No. 01 in Appendix I of this Circular;
- A patent description;
- A patent abstract;
- A power of attorney (if the application is filed through a representative);
- Documentation proving the right to file the application, if the applicant has acquired this right from another person;
- Documentation proving the right of priority, if a claim for priority is made, including:
- A copy of the initial application(s) certified by the authority that received the initial application(s);
- A document evidencing the assignment of the right of priority, if such right was acquired from another person;
- Documentation explaining the origin of genetic resources or traditional knowledge associated with genetic resources, in cases where the invention is directly developed based on such genetic resources or traditional knowledge;
- Any other supporting documents for the application (if applicable).
Industrial designs registration dossiers
Pursuant to Article 45 of Circular 10/2026/TT-BKHCN, an application for the Industrial designs registration must include the following documents:
- An industrial design registration declaration, prepared in accordance with Form No. 03 in Appendix I of this Circular.
- Documents defining the industrial design for which protection is sought, consisting of a set of photographs or drawings of the industrial design (four sets of photographs or drawings must be submitted if the application is filed in paper form).
- A description of the industrial design.
- A power of attorney (if the application is filed through a representative).
- Documents proving the right to file the application, in cases where the applicant has acquired such right from another person.
- Documents proving the right of priority, if a claim for priority is made.
- Other supporting documents for the application (if any).
Trademark registration dossiers
Pursuant to Article 68 of Circular 10/2026/TT-BKHCN, a trademark registration application shall include the following documents:
- A trademark registration declaration, prepared according to Form No. 04 in Appendix I of this Circular.
- A representation of the trademark (five copies must be submitted if the application is filed in paper form).
- Regulations on the use of a collective mark or a certification mark, in cases where the trademark being registered is a collective mark or a certification mark.
- A power of attorney (if the application is filed through a representative).
- Documents proving the right to register the trademark, if the applicant has acquired such right from another party.
- Documents proving the right to use an individual’s image for the purpose of trademark registration.
- Other supporting documents for the application (if any).
Streamlining the timeline for administrative procedures in industrial property registration in Vietnam
Under the Law on Intellectual Property, as amended on December 10, 2025, many statutory time limits for processing intellectual property applications have been shortened. Circular 10/2026/TT-BKHCN has further shortened several other statutory time limits, specifically:
Timeline for administrative procedures in industrial property registration
- The time limit for responding to a notification of the results of the substantive examination of an industrial design application has been reduced from 3 months to 2 months.
- The time limit for responding to a notification of the intention to refuse an amendment or supplement to an application has been reduced from 2 months to 1 month.
- The time limit for paying the fee for the issuance of a protection title has also been reduced from 3 months to 2 months.
New regulations on trademark searches for assessing the likelihood of confusion in Vietnam
Under Article 74 of Circular 10/2026/TT-BKHCN, in order to assess the likelihood of confusion regarding a sign specified in a trademark application, the Intellectual Property Office of Vietnam (IP Office) shall, at a minimum, conduct a search within the following sources of information:
- Trademark applications filed with the NOIP that have a filing date or priority date earlier than, or the same as, the filing date or priority date of the application under examination; and international trademark registrations designating Vietnam notified to the NOIP by the International Bureau – that have a filing date or priority date earlier than, or the same as, the filing date or priority date of the application under examination, in relation to identical or similar goods or services;
- Trademarks that are protected or recognized as protected and remain valid in Vietnam for identical, similar, or related goods or services;
- Protected trademarks for which protection has expired within the last 3 years;
- Geographical indications currently protected in Vietnam;
- Well-known trademarks recognized in accordance with applicable regulations;
- Geographical names, symbols, or other signs indicating the geographical origin of goods or services; geographical names; quality marks, inspection marks, or certification marks of international organizations; national flags, national emblems, and national anthems of the Socialist Republic of Vietnam or other countries, as well as international anthems; flags, names, or symbols of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, or socio-professional organizations in Vietnam or internationally; and the names or images of leaders, national heroes, or other prominent figures from Vietnam or abroad, etc. which the NOIP has collected and preserved.
Expedited substantive examination mechanism for application of trademark registration in Vietnam
A highly notable aspect of Circular 10/2026/TT-BKHCN is the specific provision in Article 81 regarding the handling of requests for expedited substantive examination of trademark applications.
Under this provision, an applicant must not only submit a request for expedited examination but also provide documentation proving that the trademark qualifies for this mechanism, in addition to paying all required fees and charges.
Significantly, if a request fails to meet the necessary conditions, the NOIP will issue a notification of refusal within 15 working days of receipt; however, the trademark application will continue to be processed through standard procedures. If the conditions are met, the request for expedited examination will be published concurrently with the trademark application, and the substantive examination will be conducted within 03 (three) months from the date of publication – subject to certain specified exceptions.
This regulation is particularly relevant for businesses that need to establish trademark rights promptly – whether for commercial operations, transfers, franchising, or addressing potential infringement risks. It should be noted, however, that an expedited examination does not guarantee the granting of a registration certificate; the application must still fully satisfy all legal requirements for protection.
How is the system of industrial property application forms regulated in Vietnam?
A highly practical aspect of Circular 10/2026/TT-BKHCN is the issuance of a system of forms and declarations for use in the field of industrial property.
According to Appendix I, key forms include:
- Form No. 01: Patent application;
- Form No. 02: Request for substantive examination of a patent application;
- Form No. 03: Industrial design application;
- Form No. 04: Trademark application;
- Form No. 05: Geographical indication application;
- Form No. 06: Layout-design application;
- Form No. 07: International trademark application originating from Vietnam;
- Form No. 10: Request for amendment or supplementation of an industrial property application;
- Form No. 11: Request for recording a change of the applicant for an industrial property application;
- Form No. 12: Request to utilize the results of a foreign examination;
- Form No. 13: Request for expedited substantive examination of a patent application;
- Form No. 14: Request for expedited substantive examination of a trademark application.
It is important to ensure the correct form is used when preparing an application, as using the wrong form or providing incomplete information may lead to a requirement for amendments or the submission of additional documentation. Following the issuance of Circular 10/2026/TT-BKHCN, which provides guidelines on the Law on Intellectual Property regarding industrial property, the Ministry of Science and Technology has issued Circular 20/2026/TT-BKHCN (dated May 20, 2026). This Circular amends and supplements various application forms, training programs, and templates within the field of industrial property.
According to the Intellectual Property Office of Vietnam, the set of application forms prescribed under Circular 20/2026/TT-BKHCN will take effect on July 1, 2026.
Therefore, when carrying out industrial property procedures at this time, organizations and individuals should not rely solely on Circular 10/2026/TT-BKHCN; they must also consult the relevant amendments, supplements, and the specific forms currently in effect.
Key considerations for industrial property registration in Vietnam 2026
Identify the correct subject matter for registration
Before preparing an application, it is essential to accurately determine the category of the intellectual property: invention, industrial design, trademark, geographical indication, or layout-design.
Selecting the wrong category for protection can directly affect the scope of the rights granted.
Verify the right to register
Applicants must confirm whether they possess the right to register under the provisions of the Law on Intellectual Property.
If the right to register is derived from another party, documentation proving such a right must be prepared in accordance with the regulations.
Use the correct application form
The appropriate application form must be selected based on the specific subject matter and the required procedure.
Notably, as of July 1, 2026, applicants must ensure they use the forms as amended and supplemented under Circular 20/2026/TT-BKHCN.
Carefully review the list of goods and services
For trademarks, the list of goods and services is a critical element that defines the scope of protection sought.
Businesses should determine this list based on their actual operations and intended use of the trademark, while ensuring that the classification is accurate.
Pay attention to deadlines during the application processing stage
After filing an application, the applicant must monitor its status and any notifications issued by the competent authority.
If a notification is received requesting corrections, supplementary information, or additional documentation, it must be addressed within the specified timeframe to avoid any adverse impact on the applicant’s rights and interests.
Some questions regarding Circular 10/2026 on industrial property
Are trademark registration applications made public?
According to Article 72 of Circular 10/2026/TT-BKHCN, a trademark application is made public immediately upon receipt, in accordance with regulations. Valid applications are published as stipulated by the Law on Intellectual Property and the Circular.
Will a “Decision on Acceptance of a Valid Application” still be issued from April 1, 2026?
Under the new regulations, for applications that meet formal requirements, the NOIP will proceed directly to publication, without issuing a separate “Decision on acceptance of a valid application” as was previously the case. If an application is found to be invalid, the NOIP will issue a decision to reject it.
Consequently, applicants should proactively monitor the processing status and publication details of their applications via the NOIP’s system, rather than waiting for a formal “Decision on acceptance of a valid application”.
When should one use the services of an industrial property representative?
The law allows applicants to handle procedures themselves or through an authorized representative. Engaging an industrial property representative may be advisable when an application is complex, requires a search and assessment of registrability, or involves addressing issues that arise during the examination process.
When can an industrial property application be amended or supplemented under Circular 10/2026/TT-BKHCN?
Applicants may amend or supplement an industrial property application in accordance with Circular 10/2026/TT-BKHCN. Such amendments or supplements must strictly adhere to the prescribed scope, procedures, required documentation, and timelines. Changes that expand the scope of the subject matter originally filed may not be accepted.
Is it possible to oppose another party’s trademark application under Circular 10/2016/TT-BKHCN?
Organizations and individuals have the right to file an opposition against an industrial property application if they have grounds to believe that the granting of a protection title could affect their legitimate rights and interests. In the case of a trademark application, the opposition must be submitted within the prescribed time limit and in the proper format, accompanied by relevant documents and evidence for the NOIP to consider during the application processing stage.
The above information outlines the new regulations under Circular 10/2026/TT-BKHCN guiding the Intellectual Property Law on industrial property in Vietnam. If you are looking to register or protect your intellectual property, Viet An Law can provide professional assistance – including advising on protection criteria, conducting registrability searches, preparing application dossiers, representing you in procedural matters, and addressing any issues that may arise during the process of establishing industrial property rights.
