Set up an intellectual property consulting company in Vietnam

Intellectual property is the result created by human intelligence through creative activities. Accordingly, “intellectual property” is understood as ownership of intellectual assets. Thus, what conditions must be met to establish an intellectual property consulting company? In this article, Viet An Law Firm will present the necessary conditions to set up an intellectual property consulting company in Vietnam.

Legal basis

• Law on Enterprise 2020;
• Law on Intellectual Property 2005, as amended and supplemented 2009, 2019, 2022;
• Decree 01/2021/ND-CP on business registration;
• Decree No. 65/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on industrial property, protection of industrial property rights, rights to plant varieties, and management state on intellectual property;
• Decree No. 17/2023/ND-CP detailing several articles and measures to implement the Intellectual Property Law on copyright and related rights;

What is intellectual property?

Intelligence is understood as rational awareness reaching a certain level, a unique ability of humans. The achievements created by human intelligence through creative activities are recognized as intellectual property, recognized and protected by law.

Accordingly, “intellectual property” is understood as the ownership of intellectual assets of organizations and individuals.

What is an intellectual property consulting company?

An intellectual property consulting company is a business specializing in providing intellectual property consulting services, protecting the rights and interests of customers.

In case a company with the function of industrial property representation is recorded by the state management agency for industrial property rights in the National Register of Industrial Property Representatives, this company has the right to perform services according to stipulated in Article 151 of the Intellectual Property Law, including:

• Representing organizations and individuals before competent state agencies on establishing and protecting industrial property rights;
• Consulting on issues related to procedures for establishing and protecting industrial property rights;
• Other services related to procedures for establishing and protecting industrial property rights.

Conditions to set up an intellectual property consulting company in Vietnam

Market access conditions for foreign investors

In the WTO commitment schedule, Vietnam commits to services related to legal services to allow foreign lawyers’ organizations to establish a commercial presence in Vietnam in the following forms:

• Branches of foreign lawyers’ organizations;
• Subsidiaries of foreign lawyers’ organizations;
• Foreign law firms;
• A partnership between a foreign law organization and a Vietnamese law partnership;

The commercial presence of a foreign lawyer’s organization is allowed to advise on Vietnamese law if the consulting lawyer has graduated from a Vietnamese law university and meets the requirements applicable to similar Vietnamese practicing lawyers. Male.

However, the scope of intellectual property consulting practice will be limited. Specifically, according to Article 154.2 of the Intellectual Property Law, foreign law-practicing organizations practicing in Vietnam will not be able to provide industrial property representation services like domestic practicing organizations.

Conditions for heads of consulting companies and intellectual property representatives

Individuals are allowed to practice industrial property representation services if they satisfy the following conditions:

• Have a Certificate to practice industrial property representation services;
• Works for an industrial property representation service organization.

Conditions for granting an certificate to practice industrial property representation services

Heads of organizations and individuals engaged in intellectual property consulting activities must fully meet the following conditions to be granted a Certificate of practice for industrial property representation services:

• Be a Vietnamese citizen, have full civil act capacity;
• Permanent residence in Vietnam;
• Have a bachelor’s degree or equivalent diploma in case of practicing in the field of trademarks, geographical indications, trade names, anti-unfair competition, and business secrets; Have a bachelor’s degree or equivalent degree in natural sciences or technical sciences in case of practicing in the fields of patents, industrial designs, and layout designs;
• Have directly worked on industrial property law for 5 years or more or have directly worked on the examination of all types of industrial property registration applications at national or international industrial property agencies for five (05) years or more or have graduated from an industrial property law training course recognized by a competent authority;
• Not a civil servant, public employee, or employee working at a state agency with authority to establish and protect industrial property rights;
• Passed the examination on industrial property representation skills organized by a competent authority.

Application for a Certificate to practice industrial property representation service

An industrial property representation service practice certificate is issued by the state management agency on industrial property rights to individuals who meet the conditions prescribed by the Intellectual Property Law if requested and pay fees and charges as prescribed by law. Dossier includes:

• Declaration requesting the issuance of industrial property representation service practice certificate, made according to Form No. 02 in Appendix V of Decree 65/2023/ND-CP;
• A copy of the certificate of graduation from the industrial property law training course and a copy of the Lawyer’s Card in case of applying for a practicing certificate as prescribed in Clause 2a, Article 155 of the Intellectual Property Law (submit the original for comparison, unless the copy has been certified);
• Copy of ID card (present the original for comparison, unless the copy has been certified), except in the case where the declaration requesting the issuance of industrial property representation service practice certificate already has information about Citizen Identification Number;
• Copy of fee and charge payment voucher (in case of payment of fees and charges via postal service or direct payment to the account of the state management agency on industrial property rights).

Procedures for applying for a practicing certificate as an industrial property representative

• Step 1: Prepare complete documents to apply for an Industrial Property Representative Practicing Certificate;
• Step 2: Apply directly or by post to the Intellectual Property Office headquarters in Hanoi or 2 Representative Offices of the Department in the City. Ho Chi Minh and Da Nang;
• Step 3: Receive notification of modifications and additions (If any);
• Step 4: The National Office of Intellectual Property issues a decision to grant a practicing certificate and issues a practicing certificate to the applicant, records it in the National Register of Industrial Property Representatives, and publishes it in the Industrial Property Official Gazette;

Procedures for establishing an intellectual property consulting company

For Vietnamese capital companies

Business establishment dossier

• Application for business registration;
• Company charter;
• List of members for limited liability companies with 2 or more members and list of shareholders for joint stock companies with the following documents:
• If an individual contributes capital: a valid copy of an ID card or citizen identification card or valid passport;
• If the organization participates in capital contribution: decision to contribute capital and decision to appoint capital contribution manager, copy of Business Registration Certificate, copy of ID card/passport of the capital contribution management representative;
• Power of Attorney for Viet An Law Firm to carry out business establishment procedures.

Procedures for establishing a business

• Step 1: Prepare complete documents to establish a business;
• Step 2: Submit company establishment documents to the Business Registration Office – Department of Planning and Investment where the business is headquartered;
• Step 3: Receive the results of the Enterprise Registration Certificate from the Department of Planning and Investment;

Step 4: Carve the company seal and carry out procedures after establishment.

For companies with foreign investment capital

• Step 1: Prepare complete documents to apply for IRC and ERC;
• Step 2: Apply for an Investment Registration Certificate recognizing the legal consulting profession;
• Step 3: Receive Investment Registration Certificate results;
• Step 4: Submit business establishment documents to the Business Registration Office – Department of Planning and Investment where the business is headquartered;
• Step 5: Receive the results of the Enterprise Registration Certificate from the Department of Planning and Investment;
• Step 6: Carve the company seal, including Legal entity seal (round seal) and title seal (square mark);
• Step 7: Carry out some procedures after establishment.

Company registration services of Viet An Law

• Consulting on documents, procedures, and conditions for establishing an intellectual property consulting company according to current Vietnamese law;
• Drafting documents, representing customers to carry out procedures to establish an intellectual property consulting company at a competent authority;
• Regular legal advice for customers after establishment.

Above is the consulting content on the conditions to set up an intellectual property consulting company in Vietnam. If you need to establish or need further information, please contact Viet An Law Firm for the earliest support.