Why is Japan so interested in Vietnam’s semiconductor workforce?

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In the context of Japan’s ambition to revive its semiconductor industry, Vietnam’s workforce is seen as a solution to the island country’s thirst for human resources.

At a factory in Japan (photo: YKC)

Japan’s semiconductor industry once thrived from the 1970s to the 1990s.

The production value of semiconductors on Kyushu Island alone, dubbed Japan’s “Silicon Island”, once reached a record high of 1,392.4 billion Yen in 2000.

However, the rise of South Korean manufacturers and cyclical market fluctuations caused the Japanese industry to decline steeply.

Against this backdrop, the Japanese government has launched a strategy to revive the semiconductor industry, aiming to boost total domestic semiconductor revenue from 5,000 billion Yen in 2020 to 15,000 billion Yen by 2030.

This strategy is divided into three phases. In the first phase, Japan will secure an advanced semiconductor manufacturing base to serve AI (artificial intelligence) and IoT (Internet of Things) domestically.

In the second phase, Japan will strengthen ties with the US to research next-generation semiconductor technologies. In the third phase, the country will realize and apply future technologies through global cooperation.

In reality, during the first three years of the strategy, starting in 2021, Japan allocated a budget of up to 4,000 billion Yen to support the development of its semiconductor industry.

These investments have begun showing early positive signs as Japan’s semiconductor industry regains its growth.

The production value of semiconductors on Kyushu Island alone reached 1,153.4 billion Yen in 2023, surpassing the 1,000 billion Yen mark for the first time after 16 years.

It is projected that from 2024 to 2030, the Japanese government’s budget for semiconductor industry development will continue to rise, reaching 10,000 billion Yen.

The thirst for workers 

According to Ataguchi, a representative of the Kyushu Bureau of Economy, Trade, and Industry (under Japan’s Ministry of Economy, Trade, and Industry), with government support, there is currently a wave of investment in the semiconductor industry in Kyushu.

Surveys indicate that in the next 10 years, Japan’s semiconductor hub will attract equipment-related investments worth up to 6,200 billion Yen.

However, the semiconductor industry’s appeal to Japanese students remains low, compounded by the lack of industry information and practical training facilities.

As a result, Japan’s “Silicon Island” is forecast to face a severe shortage of semiconductor talents in the future.

Japan’s Ministry of Economy, Trade, and Industry predicts that from now until 2032, the semiconductor industry in Kyushu alone will lack approximately 1,000 workers annually in both short and medium terms.

The roles facing increasing shortages include machine operators and production engineers, as well as research and development (R&D) staff.

Amid the demand to grow the semiconductor sector, many Japanese companies, organizations, and educational institutions are working to diversify the industry’s workforce.

This is why many Japanese business delegations have visited Vietnam to explore and assess its semiconductor workforce, seeking collaboration opportunities.

Ataguchi stated that Japanese semiconductor companies need workers with a strong knowledge foundation in the fields of electricity, electronics, information technology, machinery, chemistry, materials, finance, and business.

For those in R&D positions, they need to have programming skills, knowledge of material engineering, and other practical skills and experience.

According to Ishikawa Isamu, Japan’s Deputy Ambassador to Vietnam, the semiconductor industry in the Kyushu region is entering a phase of robust growth. This area accounts for over half of Japan’s total integrated circuit production value.

He believes that collaboration in training human resources between Vietnam and Japan would benefit both sides, as Vietnam boasts a high-quality technical workforce, while Japan has a strongly developed semiconductor industry.

In recent years, Vietnam has collaborated with Japan to develop the semiconductor industry ecosystem and enhance enterprise capabilities through partnerships with Japan’s METI, the Japanese Embassy in Vietnam, and the Japan External Trade Organization (JETRO).

Regarding human resources, the National Innovation Center (NIC) has worked with Hiroshima University to identify and send Vietnamese talents to Japan for training in international bachelor’s programs in semiconductors. Collaborations with Japan have been implemented effectively, with substance, and have delivered significant value. In reality, quite a few Vietnamese engineers are currently participating in semiconductor production lines at factories in Japan.

Vu Quoc Huy, Director of the National Innovation Center, Vietnam is currently one of the countries with the fastest-growing digital economy in Southeast Asia.

Vietnam holds a strategic geopolitical position, possesses a youthful and abundant well educated workforce in technology, and has increasingly modern infrastructure investments, attracting more and more major global technology corporations, particularly in the fields of the semiconductor industry and artificial intelligence.

 

Binh Minh

HCM City to invest in 8 major transport projects connecting Long An

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Ho Chi Minh City is set to develop eight major transport projects, including highway expansions and new arterial roads, to improve connectivity with Long An and the Mekong Delta.

The western gateway of Ho Chi Minh City is often congested due to limited infrastructure. (Photo: Nguyen Hue)

The western and northwestern areas of Ho Chi Minh City, which border Long An Province, are facing increasing congestion due to inadequate transport infrastructure.

To address this issue, the city is launching eight strategic infrastructure projects to improve regional connectivity and facilitate economic growth.

1. Ring Road 4: A key regional corridor

The Ring Road 4 project will span more than 200 kilometers across five provinces and cities: Ba Ria – Vung Tau (18.7 km), Dong Nai (45.6 km), Binh Duong (47.45 km), Ho Chi Minh City (17.3 km), and Long An (78.3 km).

The total estimated investment for the first phase exceeds 127 trillion VND ($5 billion). The 17.3 km section in Ho Chi Minh City will feature four express lanes, including emergency lanes, with a total land clearance of 74.5 meters.

The city’s investment for this segment is estimated at 14 trillion VND ($550 million), including over 7.2 trillion VND from the city budget and 6.8 trillion VND from private investors.

2. National Highway 1 Expansion

A 10-km stretch of National Highway 1, running from Kinh Duong Vuong Street to the Long An border, will be expanded to 60 meters wide with 10-12 lanes.

With an estimated investment of 16.3 trillion VND ($635 million) under the BOT (Build-Operate-Transfer) model, the project includes:

A four-lane flyover at the Kinh Duong Vuong intersection.

Expansion of An Lac Roundabout and Tran Dai Nghia Street.

A four-lane flyover and four-lane underpass at the Binh Thuan interchange.

Construction is set to begin in early 2026, with completion targeted for 2028.

3. National Highway 50B: A new strategic route

Approved by the Prime Minister, National Highway 50B will be nearly 55 km long, connecting Ho Chi Minh City, Long An, and Tien Giang provinces.

Ho Chi Minh City segment: 5.8 km (from Pham Hung Street through Binh Chanh and Nha Be Districts).

Long An segment: 35 km.

Tien Giang segment: 14 km.

The entire project is expected to cost 20 trillion VND ($780 million), with the Ho Chi Minh City section requiring 5.3 trillion VND ($210 million).

Upon completion, National Highway 50B will connect with Ring Road 3, Ring Road 4, and major international transport hubs such as Hiep Phuoc Port, Thi Vai – Cai Mep Deepwater Port, Long An Port, and Long Thanh International Airport.

4. The Northwest Road: A new arterial route

A 9.9 km road will be constructed to connect Ring Road 2 in Ho Chi Minh City to Vinh Loc Industrial Park and Provincial Road 823D in Long An.

Road width: 6-8 lanes.

Estimated investment: 5.2 trillion VND ($200 million), with 3.9 trillion VND ($150 million) allocated for land clearance.

To be developed under a public-private partnership (PPP) model before 2030.

Once completed, this road will significantly reduce traffic congestion and improve connectivity with Ring Roads 2, 3, and 4.

5. Vo Van Kiet Street Extension

Vo Van Kiet Street, a major east-west expressway in Ho Chi Minh City, currently spans 13 km with 6-10 lanes.

The proposed extension will connect to the Hai Son – Tan Do Industrial Park in Duc Hoa, Long An, with a 12.5 km section running through Ho Chi Minh City.

Estimated investment: 5.8 trillion VND ($225 million).

Land clearance costs: 3.1 trillion VND ($120 million).

Feasibility studies are underway, with project implementation expected before 2030.

6. Expansion of Nguyen Van Bua Street

A major expansion of Nguyen Van Bua Street is planned:

Section: Nga Ba Giong to Provincial Road 9.

Estimated investment: 2.4 trillion VND ($95 million).

The project includes two new bridges (Cau Lon and Provincial Road 9 Bridge) and the expansion of the existing Provincial Road 9 Bridge.

Scheduled for completion between 2025 and 2028.

Additional Key Projects

Beyond these six major projects, Ho Chi Minh City is also working on:

Expansion of National Highway 50 (budget: 1.5 trillion VND).

Completion of Ring Road 3.

Future expansion of Le Van Luong Road and Long Hau Road, improving connections between Nha Be District (HCMC) and Can Giuoc District (Long An).

With these projects, Ho Chi Minh City aims to significantly reduce congestion, enhance regional mobility, and support economic growth by improving infrastructure links with Long An and beyond.

Tuan Kiet

Hanoi to widen roads around West Lake and develop new bridge project

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Hanoi has approved the expansion of key roads around West Lake and a new bridge connecting Thuy Su Lake to Dam Tri. The project aims to improve urban infrastructure while preserving the lake’s natural beauty.

Hanoi has approved plans to expand roads around West Lake. (Photo: Thach Thao)

The Hanoi People’s Committee has approved a proposal to study the expansion of roads surrounding West Lake in Tay Ho District. Additionally, authorities have permitted research into constructing a bridge between Thuy Su Lake and Dam Tri, aiming to improve infrastructure and enhance the scenic landscape.

During a recent meeting on urban upgrades around West Lake, the Hanoi People’s Committee largely agreed with the proposals from Tay Ho District and relevant city departments.

As a result, the city has officially incorporated the West Lake road expansion project into the updated zoning plan for West Lake and surrounding areas.

Urban development around West Lake

Tay Ho District will collaborate with relevant departments to incorporate the proposed road expansions, pedestrian pathways, wharf improvements, and landscape enhancements into the West Lake Conservation and Development Plan.

The study will also explore the construction of a bridge connecting Thuy Su Lake and Dam Tri, ensuring a design that is aesthetically pleasing, compact, and functional while minimizing any impact on the lake environment.

Key road expansion projects

The city has approved the expansion of Quang An Street and Tu Hoa Street, with both roads set to be widened to 21 meters.

Authorities have emphasized that the road expansions must maintain high aesthetic standards and minimize encroachment on the lake’s surface.

The planning and approval process for these projects is expected to be completed within two months.

West Lake: Hanoi’s largest natural lake

West Lake is Hanoi’s largest natural lake, covering approximately 530 hectares with a 15-kilometer circumference. It is believed to be a remnant of an ancient Red River tributary.

According to a 2017 biodiversity survey conducted by Tay Ho District, the lake is home to a rich ecosystem, including 72 species of phytoplankton, 29 species of benthic organisms, 12 crustacean species, and 46 fish species.

These planned upgrades aim to balance urban development, environmental preservation, and enhanced public access to one of Hanoi’s most iconic landmarks.

Quang Phong

SAT exam in Vietnam disrupted due to global system failure

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A global system error disrupted the March 8 SAT exam in Vietnam, forcing students to stop early. College Board is investigating and will announce a resolution soon.

On the morning of March 8, a sudden system failure disrupted the SAT exam, forcing many test-takers to stop their exams prematurely.

Tran Ha, a parent in Hanoi, whose child took the SAT at Banking Academy, reported that the system abruptly stopped 13 minutes before the scheduled end time. Meanwhile, some test rooms that started earlier were not affected.

“The proctors initially asked students to stay and wait for further instructions, but later told them to go home and wait for an official resolution via email,” she said.

At Hanoi University of Science and Technology, another parent, Thu Hang, shared that the system auto-submitted her child’s test 25 minutes early.

“My child was extremely disappointed because they were doing well. I hope College Board allows students to retake only the affected sections instead of the entire test, as each attempt brings tremendous psychological pressure,” she added.

College Board, the organization that administers the SAT, is currently investigating the issue and working on a solution for affected students.

Meanwhile, IIG Education, the official representative of College Board in Vietnam, confirmed that the issue was caused by a global system error. Test-takers who started before 11:00 AM were not affected, but those who began after 11:00 AM experienced disruptions.

The SAT exam, which includes Reading-Writing and Math sections, is a widely used standardized test for university admissions in the United States, Canada, Australia, Singapore, and other countries. Several universities in Vietnam also accept SAT scores for admissions and direct entry programs.

Thuy Nga

Vietnam’s declining birth rate: financial burden or shifting societal values?

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While financial concerns are a key factor, experts argue that emotional stress and changing societal values are equally responsible for Vietnam’s declining birth rate.

The more educated and financially stable a person is, the fewer children they tend to have. (Photo: Nam Khanh)

Experts say that Vietnamese reproductive behavior has shifted from a natural instinct to a carefully calculated decision, weighing the costs and benefits of raising children.

As the cost of parenting rises while its perceived benefits decline, more people are choosing to have fewer or no children.

Deciding to have children is now based on perceived value

A study on factors affecting birth rate realization in low-fertility provinces, published in August 2024 by Associate Professor Nguyen Duc Vinh, director of the Institute of Sociology, found that most families today prefer two children or fewer. However, the actual number of children they end up having is often lower than their initial expectations.

A recent survey of 1,200 women across four low-birth-rate provinces in southern Vietnam – Khanh Hoa, Ho Chi Minh City, Soc Trang, and Ca Mau – showed that while most respondents desired two children, their actual planned fertility rate was lower. The final number of children they actually have is expected to be even lower.

Why do families hesitate to have more children?

Professor Vinh explains that the decision to have children is influenced by the perceived value of children to parents.

Traditionally, children provided economic benefits (labor and elderly care), social status, and emotional fulfillment. However, modernization has significantly diminished these values, leading to declining birth rates.

Researchers classify four primary benefits of having children in Vietnam and across Asia:

Household labor support

Elderly care and financial support for aging parents

Maintaining family lineage and inheritance

Strengthening family bonds and happiness

However, as economic development advances, these values diminish in importance, influencing couples’ decisions to have fewer children.

Emotional stress outweighs financial costs for many parents

Speaking to VietNamNet, Professor Nguyen Dinh Cu, former director of the Institute for Population and Social Issues (National Economics University), said that Vietnam’s prime reproductive-age population (under 35 years old) consists mainly of people born after the country’s economic reforms (Doi Moi, post-1986).

These individuals grew up under strict family planning policies and in an era of rapid globalization and digitalization, leading to a weaker desire to have many children.

“One of the biggest societal shifts in Vietnam is that childbirth has transformed from a natural instinct to a well-calculated decision based on costs and benefits,” Professor Cu explained.

Parents today face both financial and emotional costs when considering childbirth.

Financial costs: A 2019 survey in southern Vietnam, conducted by Professor Cu and colleagues, found that 91% of respondents considered the cost of raising children “high” or “very high.” Expenses include housing, education, healthcare, and daily living costs.

Emotional stress: Even more significantly, 85% of respondents cited mental and emotional burdens as a major deterrent to having more children.

“From pregnancy, parents worry about birth defects. After birth, they stress over the child’s health, education, behavior, and future career. As children grow, parents worry about unemployment, financial failure, and social risks. The emotional burden often outweighs financial concerns,” Professor Cu stated.

Higher education and financial status lead to lower birth rates

Statistical data from the General Statistics Office (now the Bureau of Statistics) shows a clear correlation between income, education, and fertility rates:

Wealthier households have fewer children: The average number of children per woman is 2.0 in the highest income group, compared to 2.4 in the lowest income group.

Higher education correlates with lower fertility: Women with less than a primary school education have an average of 2.35 children, whereas those with higher education (above high school level) have only 1.98 children.

This trend suggests that wealthier and more educated individuals prioritize quality over quantity, investing more in education, extracurricular activities, and international opportunities for their children rather than having larger families.

Professor Cu explains that economic benefits from children have declined as pension systems improve and elderly parents become more financially independent. Additionally, for many families, emotional satisfaction can be achieved with just one or two children.

“When we analyze these trends, it’s clear that the rising costs and declining benefits of parenting are leading many people to have fewer children – or none at all,” he concluded.

Vo Thu

Working for high wages but retiring with an insufficient pension

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The wages used to calculate social insurance (SI) contributions that employees and employers have to pay are quite low compared to their actual income.

This has occurred because many businesses split the employees’ income into various allowances and subsidies to reduce payments.

Nguyen Thu H has been working as a sales employee at a household goods manufacturing company for 15 years. In recent years, her actual monthly income has consistently been VND14–15 million, but her SI contribution is based on a salary of less than VND9 million.

Her SI contribution is calculated based on the official salary paid by the company, while additional income is listed as allowances and supplementary bonuses to “evade” SI contributions.

Under the current laws, employees have to pay an eight percent rate, while employers contribute 17.5 percent to the social insurance fund.

For H, despite her high income at work, her future pension will be low, because the SI contributions she pays now is low.

“In principle, high SI contributions will lead to high pensions. Therefore, I am afraid that my pension in the future won’t be high enough to live on,” she complained.

An officer from the HCMC Labor Federation said that except for state-owned enterprises and some private companies that pay SI based on workers’ actual incomes, most of the other businesses circumvent regulations by paying allowances, not salaries, to reduce the SI contributions they have to pay.

According to analysts, this is also one of the reasons why workers have preferred lump-sum social insurance withdrawal recently.

According to HCMC Social Insurance, current laws already specify which payments are subject to SI contributions and which are not, and the SI agency has intensified inspections over the payments. However, many businesses still deliberately seek to reduce contributions they have to pay.

In most cases, workers and employers only pay SI contributions based on the minimum wages set by the government annually (minimum wages are different for different regions).

In reality, at many units and businesses, numerous allowances and supplements are paid to workers beyond their base salary, under various names such as allowances and bonuses. Since the allowances and bonuses are not listed as ‘salary’, they are not counted when calculating SI contributions.

Meanwhile, the 2024 Social Insurance Law stipulates that the monthly wage used as the basis for mandatory SI contributions for workers are determined by employers, including salaries for their jobs or titles, wage allowances, and other regular, stable supplements agreed upon for each pay period. This makes it difficult to determine which payments must be included in SI contributions.

Pointing out that the base wage for SI contribution calculation is much lower than workers’ actual income, Vietnam Social Security (VSS) said many businesses do not fully comply with regulations. They tend to split workers’ income into various allowances and subsidies to avoid contributions, but VSS lacks the legal basis to force businesses to include these amounts.

As a result, in many places, workers’ SI contributions account for only 50–60 percent of their actual incomes, affecting their benefits, especially retirement pensions.

Stricter oversight 

A HCM City Labor Federation representative suggested that in order to have contributions truly reflect workers’ actual incomes, state management agencies need to strengthen inspections to ensure employers’ observation of the laws.

It is necessary to strictly control businesses’ payrolls to ensure that businesses don’t have dual payrolls (including a payroll to show to VSS, and a payroll with actual figures for businesses’ accountancy).

According to a labor expert, in the long term, data about workers’ wages must be linked to a data-sharing system between workers’ income records and the SI agency’s database to help verify workers’ actual income for SI contributions.

By cross-checking data for monthly incomes received by workers from businesses with their SI contribution payments, it will be possible to ensure accurate and sufficient SI collection from employers.

Additionally, workers themselves must recognize this as their legitimate right and ensure they contribute correctly and fully to the SI fund to safeguard their benefits.

At the press briefing on the afternoon of January 14, Do Ngoc Tho, Head of the Social Insurance Implementation Policy Department under VSS said that currently, there are nearly 3.4 million people nationwide receiving monthly pension and social insurance benefits.

By the end of December 2024, the average pension was VND7 million per month, including the armed forces. If we only considered the civilian sector, people’s pensions would be lower.

 

Vu Diep

Notice on the Handling of Applications of IP Vietnam

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NEWS ALERT: IP Vietnam Issues Notice No. 333/TB-SHTT on Handling of Applications.

The Law No. 07/2022/QH15 on amending and supplementing articles of the Law on Intellectual Property was enacted by the National Assembly on June 16, 2022 and became effective on January 1, 2023. However, guidelines for the amended law have not been issued, causing difficulties in establishing and protecting IP rights. To address this issue, IP Vietnam issued Notice No. 333/TB-SHTT on February 2, 2023, outlining the handling of applications.

For applications submitted before January 1, 2023, IP Vietnam will continue to process them using existing documents with some minor format modifications. However, for documents related to industrial design, patent, and trademark registration applications, some revisions are required based on the Law on Amendments and Supplements and related decrees and circulars.

For applications submitted from January 1, 2023, IP Vietnam has suspended the issuance of related documents pending review and modification of the document forms. This article will be updated as further guidance from IP Vietnam becomes available.

For further information and assistance, please contact ALIAT LEGAL via contact@aliat.group or dial 1900 5555 38.

Summary of the Madrid Agreement Concerning the International Registration of Marks (1891) and the Protocol Relating to that Agreement (1989)

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The Madrid System for the International Registration of Marks is governed by two treaties:

  • the Madrid Agreement, concluded in 1891 and revised at Brussels (1900), Washington (1911), The Hague (1925), London (1934), Nice (1957) and Stockholm (1967), and amended in 1979, and
  • the Protocol relating to that Agreement, concluded in 1989, which aims to make the Madrid system more flexible and more compatible with the domestic legislation of certain countries or intergovernmental organizations that had not been able to accede to the Agreement.

States and organizations party to the Madrid system are collectively referred to as Contracting Parties.

The system makes it possible to protect a mark in a large number of countries by obtaining an international registration that has effect in each of the designated Contracting Parties.

Who May Use the System ?

An application for international registration (international application) may be filed only by a natural person or legal entity having a connection – through establishment, domicile or nationality – with a Contracting Party to the Agreement or the Protocol.

A mark may be the subject of an international application only if it has already been registered with the trademark office of the Contracting Party with which the applicant has the necessary connections (referred to as the office of origin). However, where all the designations are effected under the Protocol (see below), the international application may be based simply on an application for registration filed with the office of origin. An international application must be presented to the International Bureau of WIPO through the intermediary of the office of origin.

The International Application

An application for international registration must designate one or more Contracting Parties in which protection is sought. Further designations can be effected subsequently. A Contracting Party may be designated only if it is party to the same treaty as the Contracting Party whose office is the office of origin. The latter cannot itself be designated in the international application.

The designation of a given Contracting Party is made either under the Agreement or the Protocol, depending on which treaty is common to the Contracting Parties concerned. If both Contracting Parties are party to the Agreement and the Protocol, the designation will be governed by the Protocol.

International applications can be filed in English, French or Spanish, irrespective of which treaty or treaties govern the application, unless the office of origin restricts that choice to one or two of these languages.

The filing of an international application is subject to the payment of a basic fee (which is reduced to 10 per cent of the prescribed amount for international applications filed by applicants whose country of origin is an LDC, in accordance with the list established by the United Nations), a supplementary fee for each class of goods and/or services beyond the first three classes, and a complementary fee for each Contracting Party designated. However, a Contracting Party to the Protocol may declare that, when it is designated under the Protocol, the complementary fee is replaced by an individual fee, whose amount is determined by the Contracting Party concerned but may not be higher than the amount that would be payable for the registration of a mark, at the national level, with its office.

International Registration

Once the International Bureau receives an international application, it carries out an examination for compliance with the requirements of the Protocol and its Regulations. This examination is restricted to formalities, including the classification and comprehensibility of the list of goods and/or services. If there are no irregularities in the application, the International Bureau records the mark in the International Register, publishes the international registration in the WIPO Gazette of International Marks (hereinafter referred to as “the Gazette”), and notifies it to each designated Contracting Party. Any matter of substance, such as whether the mark qualifies for protection or whether it is in conflict with a mark registered previously in a particular Contracting Party, is determined by that Contracting Party’s trademark office under the applicable domestic legislation. The Gazette is available in electronic form (e-Gazette) on the Madrid system website.

Statement of Grant of Protection or Refusal of Protection

The office of each designated Contracting Party shall issue a statement of grant of protection under Rule 18ter of the Regulations.

However, when designated Contracting Parties examine the international registration for compliance with their domestic legislation, and if some substantive provisions are not complied with, they have the right to refuse protection in their territory. Any such refusal, including an indication of the grounds on which it is based, must be communicated to the International Bureau, normally within 12 months from the date of notification. However, a Contracting Party to the Protocol may declare that, when it is designated under the Protocol, this time limit is extended to 18 months. That Contracting Party may also declare that a refusal based on an opposition may be communicated to the International Bureau even after the 18-month time limit.

The refusal is communicated to the holder of the registration or the holder’s representative before the International Bureau, recorded in the International Register and published in the Gazette. The procedure subsequent to a refusal (such as an appeal or a review) is carried out directly by the competent administration and/or court of the Contracting Party concerned and the holder, without the involvement of the International Bureau. The final decision concerning the refusal must, however, be communicated to the International Bureau, which records and publishes it.

Effects of an International Registration

The effects of an international registration in each designated Contracting Party are, from the date of the international registration, the same as if the mark had been deposited directly with the office of that Contracting Party. If no refusal is issued within the applicable time limit, or if a refusal originally notified by a Contracting Party is subsequently withdrawn, the protection of the mark is, from the date of the international registration, the same as if it had been registered by the office of that Contracting Party.

An international registration is effective for 10 years. It may be renewed for further periods of 10 years on payment of the prescribed fees.

Protection may be limited with regard to some or all of the goods or services or may be renounced with regard to some only of the designated Contracting Parties. An international registration may be transferred in relation to all or some of the designated Contracting Parties and all or some of the goods or services indicated.

Advantages of the Madrid System

The Madrid system offers several advantages for trademark owners. Instead of filing a separate national application in each country of interest, in several different languages, in accordance with different national or regional procedural rules and regulations and paying several different (and often higher) fees, an international registration may be obtained by simply filing one application with the International Bureau (through the office of the home country), in one language (English, French or Spanish) and paying one set of fees.

Similar advantages exist for maintaining and renewing a registration. Likewise, if the international registration is assigned to a third party, or is otherwise changed, such as a change in name and/or address, this may be recorded with effect for all designated Contracting Parties by means of a single procedural step.

To facilitate the work of the users of the Madrid system, the International Bureau publishes a Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol.

The Madrid Agreement and Protocol are open to any State party to the Paris Convention for the Protection of Industrial Property (1883). The two treaties are parallel and independent, and States may adhere to either or both of them. In addition, an intergovernmental organization that maintains its own office for the registration of marks may become party to the Protocol. Instruments of ratification or accession must be deposited with the Director General of WIPO.

Sources:

(Q&A) ENFORCEMENT OF IP RIGHTS

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Q 85: What are the steps that the right holders should take to enforce their IP rights in Vietnam?

Here are the general steps that IP right holders should take to enforce their IP rights in Vietnam:

  1. Monitor and identify potential infringement: IP right holders should regularly monitor the market to identify potential infringement of their IP rights. This can include conducting online searches, visiting trade shows, and engaging with customers and distributors.
  2. Gather evidence: If potential infringement is identified, IP right holders should gather evidence to support their claim. This can include photographs, product samples, and witness statements, as well as any relevant registration certificates or other documentation. For trademarks and industrial designs, it is advisable for the right holder to have an Assessment Conclusion from the Vietnam Intellectual Property Research Institute (VIPRI) to support their claim. An Assessment Conclusion is an official opinion provided by VIPRI and can be a powerful evidence in an infringement case. IP right holders may wish to consult with IP agents or law firms to obtain an Assessment Conclusion and other expert guidance and advice on gathering evidence and preparing their case.
  3. Evaluate legal options: IP right holders should evaluate their legal options, including civil and criminal actions, and consider the potential costs and benefits of each option. This may involve consulting with IP agents or law firms to obtain expert guidance and advice.
  4. Send a cease-and-desist letter: IP right holders may send a cease-and-desist letter (C&D letter) to the alleged infringer before initiating legal proceedings. The C&D letter should include a description of the IP right in question, evidence of the alleged infringement, and a clear demand to the alleged infringer to cease all infringing activities. Sending a C&D letter can sometimes resolve the issue without taking further legal actions, especially when the letter is sent by a law firm or IP agent.
  5. File a complaint or initiate legal proceedings: If the C&D letter is unsuccessful, or if the infringement is particularly egregious, IP right holders may choose to file a complaint with the relevant authorities or initiate legal proceedings in court. This may involve working with IP agents or law firms to ensure that the complaint or legal action is properly drafted and filed.
  6. Participate in legal proceedings: In this case, IP right holders should be prepared to participate in the legal proceedings and provide evidence to support their claim. This may involve working with IP agents or law firms to prepare witnesses and expert testimony, as well as presenting evidence to the court.
  7. Enforce any judgments or decisions: If the court finds in favor of the IP right holder, they should take steps to enforce any judgments or decisions. This may involve working with law enforcement agencies to seize infringing products or seeking damages or compensation from the infringer.

Overall, enforcing IP rights in Vietnam can be a complex and challenging process, but taking these steps can increase the chances of success and help to protect the right holder’s interests. It is advisable for IP right holders to seek expert guidance and advice from IP agents or law firms to ensure that they are taking the most effective and appropriate actions.

Q 86: What are the remedies available for IP infringement in Vietnam, and how effective are they?

The available remedies for IP infringement in Vietnam include civil, administrative, and criminal actions.

In civil cases, the court may order the infringer to stop the infringing activities, pay damages to the right holder, and issue a public apology. The damages may include compensation for the actual damages suffered by the right holder, such as lost profits and expenses incurred due to the infringement, or statutory damages, which are calculated based on the level of infringement and the value of the IP right.

In administrative cases, the authority may impose fines on the infringer, order the destruction of infringing goods, or suspend the infringing business activities.

In criminal cases, criminal penalties are only applied to certain types of IP infringement, such as the act of reproducing copyrighted works, sound recordings, or video recordings; distributing to the public copies of copyrighted works, sound recordings, or video recordings; producing and selling goods with counterfeit trademarks or false geographical indications.

The effectiveness of these remedies depends on various factors, including the strength of the evidence presented, the expertise of the lawyers involved, and the efficiency of the legal system. In recent years, the Vietnamese government has taken steps to improve the enforcement of IP rights, including establishing specialized IP courts and increasing penalties for IP infringement. However, some right holders still report challenges in obtaining effective remedies, such as delays in court proceedings and difficulties in enforcing court orders. It is advisable for IP right holders to seek expert guidance and advice from IP agents or law firms to maximize the chances of obtaining an effective remedy.

Q 87: How do IP rights holders gather evidence of infringement in Vietnam, and what are the legal requirements for presenting evidence in court?

IP right holders in Vietnam can gather evidence of infringement through various means, such as taking photographs or videos of infringing activities, collecting samples of infringing products, and interviewing witnesses. They can also request information from the relevant authorities, such as customs or market management agencies, to obtain information about shipments or sales of potentially infringing goods.

When presenting evidence in court, IP right holders must comply with the legal requirements set out in the Code of Civil Procedure. Evidence must be relevant, reliable, and obtained legally. It is important to note that the burden of proof lies with the plaintiff, and the court will only accept evidence that is presented in a proper and admissible manner.

To be admissible, evidence must be submitted in writing or in a format that can be recorded, such as audio or video recordings. Documentary evidence should be accompanied by an explanation of its origin and authenticity, and any translations should be certified by a competent authority or translator. Witnesses must be present in court to testify, and their statements must be consistent with other evidence and not contradicted by other facts in the case.

In addition to the above, it is important to note that IP right holders must comply with the legal requirements for gathering evidence in Vietnam. For example, they must respect the privacy rights of individuals and cannot engage in illegal or unethical activities, such as trespassing or hacking into computer systems. IP right holders should consult with a law firm or IP agent to ensure that they gather evidence in a legal and proper manner.

Q 88: What is the role of Vietnamese law enforcement agencies in IP enforcement, and how can IP right holders work with them to protect their IP rights?

In Vietnam, law enforcement agencies such as the police, customs, and market management agencies play a crucial role in IP enforcement. They are responsible for investigating and prosecuting IP infringement cases, as well as implementing measures to prevent the import, export, or sale of infringing goods.

IP right holders can work with these agencies to protect their IP rights by providing information about potential infringement, such as the location of infringing goods or the identity of suspected infringers. They can also request assistance from the authorities in conducting raids or seizures of infringing goods. In some cases, enforcement agencies may take proactive measures, such as conducting inspections of markets or ports to identify and seize infringing goods.

To work effectively with enforcement agencies, IP right holders should have a good understanding of the relevant laws and regulations, as well as the procedures for reporting and pursuing IP infringement cases. They should also have a clear strategy for protecting their IP rights and be prepared to provide evidence and other support to the authorities.

IP right holders can also work with a law firm or IP agent to navigate the complexities of IP enforcement in Vietnam and to ensure that their rights are properly protected. An experienced legal professional can provide advice on the legal options available, help to gather evidence of infringement, and represent the company in negotiations or legal proceedings with the authorities or infringers.

Q 89: What are the costs associated with pursuing an IP enforcement action in Vietnam, and how can IP right holders budget for these expenses?

The costs associated with pursuing an IP enforcement action in Vietnam can vary depending on a range of factors, including the complexity of the case, the type of IP right involved, and the level of legal representation required.

Some of the costs that IP right holders may incur in pursuing an IP enforcement action in Vietnam include:

  1. Legal fees: This can include fees for consulting with an IP agent or a law firm, as well as fees for drafting legal documents and representing the company in court.
  2. Costs for gathering infringement evidences: IP right holders may need to hire collaborators to gather evidence of infringement, which can include the costs of travel, surveillance equipment, and other expenses.
  3. Governmental fees: Fees associated with filing legal actions in court, such as filing fees, service fees, and other administrative costs.

To budget for these expenses, IP right holders should first consult with an IP agent or law firm to get an estimate of the likely costs involved in pursuing an IP enforcement action in Vietnam. They should also consider the potential benefits of enforcing their IP rights, such as increased revenue and market share, as well as the risks of not acting, such as damage to their brand and reputation.

Q 90: What are the risks and potential pitfalls of IP enforcement in Vietnam, and how can IP right holders minimize their exposure to legal and reputational harm?

Enforcing IP rights in Vietnam can be a complex and challenging process, and IP right holders should be aware of the potential risks and pitfalls before embarking on such actions. Some of the risks and potential pitfalls of IP enforcement in Vietnam include:

  1. Counterclaims: The alleged infringer may assert counterclaims against the IP right holder, such as claiming that the IP right is invalid or that the IP right holder is engaged in anti-competitive behavior.
  2. Time and expense: IP enforcement actions can be time-consuming and expensive, with no guarantee of success. IP right holders should carefully consider the costs and benefits of pursuing legal action and consider alternative dispute resolution methods.
  3. Reputation: Pursuing IP enforcement actions can result in negative publicity and harm to a company’s reputation, particularly if the action is seen as aggressive or disproportionate to the alleged infringement.
  4. Cultural and language barriers: IP right holders may face challenges in navigating the legal system in Vietnam, which can have different cultural and linguistic norms than those in the company’s home country.

To minimize the above risks and potential pitfalls, IP right holders should consider the following solutions:

  1. Conduct a cost-benefit analysis: IP right holders should carefully assess the costs and benefits of pursuing legal action, including the potential risks and pitfalls, and explore alternative dispute resolution methods.
  2. Seek professional advice: IP right holders should consult with experienced IP lawyers and agents in Vietnam who can provide advice on the legal landscape, cultural norms, and best practices for IP enforcement.
  3. Maintain a professional and respectful approach: IP right holders should adopt a professional and respectful approach in all communications and actions related to IP enforcement in Vietnam, and avoid taking actions that may be perceived as aggressive or disproportionate.
  4. Monitor and protect IP rights proactively: IP right holders should take proactive measures to monitor and protect their IP rights in Vietnam, such as registering their IP rights and conducting regular audits of their IP portfolio.
  5. Develop relationships with enforcement agencies: IP right holders should seek to develop positive relationships with Vietnamese enforcement agencies and work collaboratively with them to protect their IP rights.

Q 91: How do IP laws and regulations in Vietnam address online infringement, and what strategies can IP right holders use to protect their IP rights in the digital realm?

In Vietnam, IP laws and regulations address online infringement through various provisions related to copyright, trademarks, domain names, and e-commerce. The IP Law, for example, provides for the protection of copyright and related rights in digital form, including through technical measures such as encryption and digital watermarks.

To protect their IP rights in the digital realm, IP right holders can use several strategies, such as:

  1. Monitoring: IP right holders can monitor online platforms and marketplaces for potential infringement of their IP rights, including websites, social media, and e-commerce platforms.
  2. Enforcement: IP right holders can take legal action against infringers, including sending C&D letters, filing complaints with relevant authorities, and pursuing civil or criminal litigation.
  3. Domain name protection: IP right holders can protect their trademarks by registering relevant domain names and taking legal action against cybersquatters or domain name hijackers.
  4. Collaboration: IP right holders can collaborate with online marketplaces and platforms to implement IP protection measures, such as takedown procedures for infringing content and tools for reporting infringement.
  5. Education: IP right holders can educate their employees, customers, and partners on the importance of respecting IP rights, and promote awareness of the risks and consequences of online infringement.

However, there are still potential risks and pitfalls associated with online IP enforcement in Vietnam, such as:

  1. Difficulties in identifying infringers: Online infringement can be difficult to detect and identify, and infringers may operate from jurisdictions outside of Vietnam.
  2. Lack of effective enforcement mechanisms: Although Vietnamese laws and regulations provide for protection of IP rights online, the enforcement mechanisms may not be fully effective in practice.
  3. Reputational risks: Pursuing aggressive enforcement actions, such as takedowns or litigation, may lead to negative publicity and damage the company’s reputation.

To minimize exposure to these risks and pitfalls, IP right holders should consult with IPenforcement experts in Vietnam, conduct thorough due diligence and risk assessments before acting, and implement a comprehensive IP protection strategy that takes into account both online and offline risks.

Q 92: How can foreign companies work with local lawyers and IP experts to navigate the complexities of IP enforcement in Vietnam, and what factors should they consider when selecting a local partner?

Foreign companies can work with IP experts to navigate the complexities of IP enforcement in Vietnam by following these steps:

  1. Conduct thorough research: Before selecting a local partner, foreign companies should conduct thorough research and due diligence to identify potential candidates. This may involve consulting with industry contacts or legal directories, reviewing online profiles and testimonials, and assessing the partner’s track record and expertise in IP enforcement in Vietnam.
  2. Assess communication and language skills: Given the language barrier, foreign companies should ensure that their local partner has excellent communication and language skills, both in English and Vietnamese, to ensure effective communication and collaboration throughout the enforcement process.
  3. Review relevant experience: It is important to review the local partner’s relevant experience and expertise in IP enforcement, particularly in the relevant industry sector. This can help ensure that the partner is well-versed in the relevant legal and regulatory requirements and can effectively represent the foreign company’s interests.
  4. Evaluate resources and capabilities: Foreign companies should evaluate their potential partner’s resources and capabilities to ensure that they have the necessary tools, technology, and personnel to effectively conduct investigations, gather evidence, and pursue legal action as needed.
  5. Clarify expectations and communication protocols: To ensure a successful partnership, foreign companies should clarify their expectations and establish clear communication protocols with their local partner. This can help ensure that everyone is aligned on goals, timelines, and communication channels, and can minimize misunderstandings or miscommunications that could impact the enforcement process.

Overall, foreign companies should carefully evaluate potential local partners based on their experience, communication skills, and resources, and establish clear expectations and communication protocols to ensure a successful partnership for IP enforcement in Vietnam.

Q 93: What are the benefits of pursuing alternative dispute resolution (ADR) options in IP cases in Vietnam, and what are the most common ADR mechanisms used in the country?

Alternative dispute resolution (ADR) options can offer several benefits in IP cases in Vietnam, including faster resolution, lower costs, and the ability to preserve business relationships. Some of the most common ADR mechanisms used in Vietnam include negotiation, mediation, and arbitration.

Negotiation involves direct discussions between the parties to reach a mutually acceptable agreement. It is typically the simplest and least formal ADR option but may not be appropriate in cases where the parties have significant differences in bargaining power.

Mediation involves a neutral third party who assists the parties in reaching a voluntary settlement. The mediator does not impose a decision but instead helps the parties to explore options and find common ground. Mediation is often quicker and less expensive than litigation and can preserve business relationships.

Arbitration involves a neutral third party who acts as a decision-maker and imposes a binding decision on the parties. The decision is generally final and enforceable, but the arbitration process can be more expensive and time-consuming than mediation.

When selecting a local partner for ADR in Vietnam, foreign companies should consider factors such as the partner’s expertise in IP law, their experience in ADR proceedings, their reputation and track record, and their familiarity with local customs and practices. Companies may also want to consider the partner’s language abilities and their ability to communicate effectively with both foreign and Vietnamese parties. It is important to choose a partner with whom the company can establish a strong working relationship based on mutual trust and respect.

Q 94: How can companies stay up to date on the latest developments in IP law and practice in Vietnam, and what resources are available to help them do so?

Staying up to date on the latest developments in IP law and practice in Vietnam is essential for companies to effectively protect and enforce their IP rights. Here are some resources that can help:

  1. Legal and IP firms: Working with local law firms and IP experts is one of the most effective ways to stay up to date on the latest developments in IP law and practice in Vietnam. These firms can provide tailored advice on specific issues and help companies navigate the complexities of IP enforcement in the country.
  2. Industry associations: Industry associations can be a valuable resource for companies looking to stay up to date on the latest developments in their sector. Many associations have dedicated IP committees that monitor IP law and practice in Vietnam and provide guidance to members.
  3. Government agencies: The Vietnamese government has several agencies that are responsible for IP protection and enforcement, including the Intellectual Property Office of Vietnam (IPVN) and the Market Management Bureau. These agencies can provide information on the latest legal developments and help companies navigate the IP enforcement process.
  4. Online resources: There are several online resources that companies can use to stay up to date on the latest IP developments in Vietnam. These include the IPVN website, which provides information on IP laws and regulations in Vietnam, and the website of the Vietnam Intellectual Property Association (VIPA), which provides news and updates on IP developments in the country.
  5. Seminars and training: Attending seminars and training sessions on IP law and practice in Vietnam is another effective way for companies to stay up to date on the latest developments. These events are often organized by law firms, industry associations, and government agencies and provide an opportunity for companies to network with other stakeholders and gain insights from experts in the field.

Q 95: What are the legal and practical considerations that companies should take into account when choosing between civil and criminal enforcement actions in IP cases in Vietnam?

When choosing between civil and criminal enforcement actions in IP cases in Vietnam, companies should consider both legal and practical considerations.

From a legal perspective, civil enforcement actions are typically less complex and costly than criminal enforcement actions. Civil actions can result in the award of damages or injunctive relief, while criminal actions can lead to fines, imprisonment, or both. However, criminal actions may provide stronger deterrence against future infringement and can result in the seizure or destruction of infringing goods.

From a practical perspective, companies should consider the likelihood of success in their enforcement actions. Civil enforcement actions generally require a lower burden of proof than criminal actions, which require evidence beyond a reasonable doubt. Additionally, criminal actions may involve lengthy investigations and trials, which can be costly and time-consuming. It is important to note that there are just some types of infringement that are subjected to the criminal actions (see Q 86). Therefore, it is crucial to consider the potential benefits and costs of each type of action before deciding which path to pursue.

Companies should also consider the potential impact on their business reputation and relationships with customers and partners. Criminal actions may draw more attention and scrutiny, potentially causing negative publicity and damage to the company’s reputation. Civil actions may be less visible but can still result in negative perceptions if handled poorly.

Ultimately, the choice between civil and criminal enforcement actions in IP cases in Vietnam will depend on the specific circumstances of each case and the objectives of the company. Companies may benefit from seeking advice from local lawyers or IP experts to assess their options and make an informed decision.

Q 96: What are the typical timelines for IP enforcement actions in Vietnam?

The timelines for IP enforcement actions in Vietnam can vary depending on the complexity of the case and the specific legal procedures involved. Generally, civil actions can take between 9 months to 1.5 years to reach a judgment, while criminal actions can take 1-2 years or more. Appeals can add an additional 6 months to 1 year or longer.

It is important to note that the timelines can vary depending on the specific circumstances of each case. It is also worth noting that Vietnam has made significant efforts to improve the efficiency of its legal system, including the establishment of specialized IP courts, which may lead to more streamlined procedures and faster resolution of cases in the future.

Q 97: What are the most common types of IP infringement in Vietnam, and what are some effective strategies for preventing and addressing them?

The most common types of IP infringement in Vietnam include trademark infringement, copyright infringement, and trade secret misappropriation. To prevent and address these types of infringement, companies can implement a range of strategies, such as:

  • Trademark registration: Registering trademarks with the Vietnamese Intellectual Property Office (IP Vietnam) can help protect against infringement by giving the trademark owner exclusive rights to use the mark in commerce.
  • Copyright registration: Copyright owners can register their works with IP Vietnam, which provides additional evidence of ownership and can help in enforcement actions.
  • Employee training: Educating employees on the importance of IP protection and the potential consequences of infringement can help prevent inadvertent violations and promote a culture of respect for IP.
  • Supplier agreements: Including IP protection clauses in supplier agreements can help ensure that suppliers do not infringe on a company’s IP rights or use its IP for unauthorized purposes.
  • Monitoring and enforcement: Regular monitoring of the market and online platforms can help identify potential infringement, which can then be addressed through cease-and-desist letters, negotiation, or legal action.

By implementing these strategies, companies can better protect their IP rights and prevent infringement. However, it is important to note that no strategy can completely eliminate the risk of infringement, and vigilance and prompt action are key to addressing any instances of infringement that do occur.

Q 98: How does the Vietnamese legal system handle cross-border IP disputes, and what are some of the key challenges and complexities associated with these cases?

Cross-border IP disputes in Vietnam are typically handled through international treaties and agreements, such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral or multilateral agreements between countries.

In general, the Vietnamese legal system recognizes the jurisdiction of foreign courts and arbitration bodies in resolving cross-border IP disputes, although the enforcement of foreign judgments and awards can sometimes be challenging. The Vietnamese courts may also have jurisdiction over cross-border disputes if the infringement occurred within Vietnam or if the defendant is a Vietnamese national or company.

One key challenge in cross-border IP disputes is the differing legal frameworks and enforcement mechanisms in different countries. This can make it difficult to determine the appropriate forum for the dispute and to navigate the various legal systems involved. Additionally, language barriers and cultural differences can also create challenges in communication and understanding between the parties involved.

To address these challenges, companies can work with experienced cross-border IP lawyers and experts who are familiar with the legal systems and cultural nuances of the relevant countries. They can also explore alternative dispute resolution mechanisms, such as international arbitration, which can provide a neutral forum for resolving disputes and avoid the complexities of navigating multiple legal systems.

Q 99: What are some recent trends and developments in IP enforcement and protection in Vietnam, and how are these likely to impact foreign companies doing business in the country?

In recent years, Vietnam has made significant efforts to improve its IP legal framework and enforcement mechanisms, reflecting the country’s increasing importance as a hub for innovation and trade. One notable development was the passage of the Law on Intellectual Property in 2022, which brought Vietnam’s IP regime in line with international standards and included provisions to improve the protection of trademarks, patents, and other forms of IP.

Another trend has been the increasing use of technology in IP enforcement, with a growing number of companies employing online tools and data analytics to identify and track potential infringements. This has been accompanied by greater collaboration between IP rights holders and law enforcement agencies, as well as increased investment in specialized IP courts and tribunals.

However, challenges remain, particularly with respect to cross-border enforcement and the protection of digital IP assets. In addition, there is a need for further education and awareness-raising among businesses and consumers regarding the importance of respecting IP rights.

Overall, the trend towards stronger IP enforcement and protection in Vietnam is likely to benefit foreign companies operating in the country, providing greater certainty and security for their investments and encouraging further innovation and economic growth.

Q 100: What are the key IP-related regulations and policies that foreign companies should be aware of when doing business in Vietnam, and how can they ensure compliance with these requirements?

Foreign companies should be aware of the following key IP-related regulations and policies when doing business in Vietnam:

  1. IP laws and regulations: The primary legal framework for IP in Vietnam includes the IP Law, the Civil Code, and related regulations issued by the Ministry of Science and Technology and other relevant government agencies. Foreign companies should ensure that their IP rights are properly registered and enforced in accordance with these laws and regulations.
  2. Investment and trade agreements: Vietnam is a party to many international trade and investment agreements, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the ASEAN Free Trade Agreement (AFTA), and various bilateral investment treaties (BITs). Foreign companies should review these agreements to understand the protections and obligations related to IP that apply to their business in Vietnam.
  3. Customs regulations: Vietnam has implemented customs measures to prevent the import and export of goods that infringe IP rights, including border control measures and detention of suspected infringing goods. Foreign companies should be aware of these regulations and work with Vietnamese customs authorities to protect their IP rights.
  4. Cybersecurity and data protection: Vietnam has issued various regulations and policies related to cybersecurity and data protection, including the Law on Cybersecurity and the Law on Personal Data Protection. Foreign companies operating in Vietnam should ensure compliance with these regulations and implement appropriate measures to protect their IP assets and sensitive data.

To ensure compliance with these requirements, foreign companies should work with local IP experts to navigate the complex regulatory landscape in Vietnam. They should also establish and maintain internal policies and procedures to monitor and protect their IP assets and ensure compliance with relevant laws and regulations.

(Q&A) ESTABLISHMENT OF COPYRIGHTS & RELATED RIGHTS

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Q 59: What is copyright? The basis for the arising of copyright?

Copyright is a form of legal protection that gives creators of original works exclusive rights to control the use and distribution of their works. Copyright law in Vietnam is based on the Vietnamese Law on Intellectual Property, which provides protection for a wide range of creative works.

Copyright automatically arises from the moment a work is created in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.

Copyright protection applies to both published and unpublished works.

In addition, copyright protection is automatic and does not require registration. However, registering the copyright can serve as evidence in case of infringement and make enforcement of rights easier.

Q60: Works subject to copyright registration?

  1. Literary, art and scientific works can be protected include:
    • Literary and scientific works, textbooks, teaching materials, and other works expressed written letters or other characters;
    • Lectures, addresses, and other speeches;
    • Press works;
    • Musical works;
    • Dramatic works;
    • Cinematographic works and works created by similar methods;
    • Fine art works and applied art works;
    • Photographic works;
    • Architectural works;
    • Sketches, plans, maps, and drawings relevant to topography, architectural or scientific works;
    • Folklore and folk art works;
    • Computer programs and data collections.
  2. Derivative works, if it does not harm the copyright owner’s rights to the work used to create derivative works.

Q 61: What types of works are not protected by copyright in Vietnam?

The following objects are not within the scope of copyright protection:

  1. Purely informative news.
  2. Legal normative documents, administrative documents, and other documents in the field of justice, as well as official translations of such documents.
  3. Processes, systems, methods of operation, concepts, principles, and data.

Q 62: What are related rights in Vietnam?

Copyright-related rights (“related rights”) refer to rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, and encrypted program-carrying satellite signals.

Related rights arise when a performance, phonogram, video recording, broadcast, or encrypted program-carrying satellite signal is fixed or displayed without any prejudice to copyright.

Protected related rights include: Rights of performers; Rights of producers of audio and visual fixation; Rights of broadcasting organizations.

Q 63: What are the benefits of registering a copyright?

In Vietnam, copyright registration is an important step in protecting one’s IP rights. The benefits of copyright registration in Vietnam include:

  1. Legal Protection: Copyright registration provides legal protection for the author’s work. It serves as evidence of ownership, and in the event of infringement, the author can take legal action against the infringing party.
  2. Exclusive Rights: Copyright registration grants the author exclusive rights to reproduce, distribute, perform, and display their work.
  3. Public Notice: Registration puts the public on notice that the work is protected and that the author has rights in the work. It can deter potential infringers from using the work without permission.
  4. Damages and Remedies: Copyright registration can increase the potential for damages and remedies in an infringement suit. Registered works can be eligible for statutory damages, which can be significant.
  5. International Protection: Copyright registration in Vietnam can also facilitate protection in other countries. Vietnam is a member of the Berne Convention and the World Intellectual Property Organization, which provide international recognition and protection for registered copyrights.

Overall, copyright registration in Vietnam is an important tool for authors to protect their IP Rights and to prevent infringement.

Q 64: Is it necessary to obtain a copyright registration certificate for enforcing copyright?

Although copyright law grants automatic protection to works that meet the requirements for copyrightability, obtaining a copyright registration certificate can be beneficial for enforcing and protecting a work. While it is not mandatory to obtain registration, a certificate of copyright registration can serve as prima facie evidence of ownership of the copyright. Although there is no requirement for a deposit or notice of copyright work, it is highly recommended to obtain a certificate of copyright registration to take advantage of its legal benefits.

Q 65: Can foreign citizens or organizations qualify for copyright protection under the provisions of the IP Law of Vietnam?

Vietnam’s copyright law extends protection to both Vietnamese nationals and foreign citizens or organizations, provided that they meet certain criteria.

Specifically, foreign individuals or organizations whose works were first published in Vietnam and have not been published in any other foreign country, or whose works are eligible for protection in Vietnam according to international treaties to which Vietnam is a party, are entitled to copyright protection.

Q 66: How can a foreign individual or company register a copyright in Vietnam?

According to the provisions of the IP Law, foreign individuals or foreign companies can apply for copyright registration for their works in the territory of Vietnam. However, they are not allowed to directly submit the application for registration of copyright but authorizing the licensed copyright representative.

Q 67: What are the requirements for copyright registration?

  1. Application form: The copyright registration application form must be completed and signed by the author or copyright holder.
  2. Eligible works: Only original works that fall under the protection of the Vietnamese Copyright Law can be registered for copyright. These works include literary, artistic, and scientific works.
  3. Work samples: Copies of the works that are being registered must be provided. For computer programs, source code or object codes can be submitted.
  4. Proof of ownership: The applicant must provide evidence of ownership of the work, such as a contract or agreement showing that the author has transferred ownership to the applicant.
  5. Power of attorney: Foreign authors and/or foreign copyright owners must appoint a local copyright qualified agent to apply for copyright registration in Vietnam.
  6. Other documents: Depending on the type of work being registered, additional documents may be required.

It is worth noting that the COV may request additional documents or information during the registration process.

Q 68: Time for obtaining a copyright certificate in Vietnam?

The process typically takes around 1 month, but it may take longer if the COV requests additional information or if there are any complications with the application.

Q 69: What is the duration of copyright protection in Vietnam?

This varies depending on the type of work.

Copyright in works shall include two types: (i) moral rights, and (ii) economic rights.

The moral rights, under Article 19 of Vietnam IP Law, include rights:

  1. To give titles to their works;
  2. To attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used;
  3. To publish their works or to authorize other persons to publish their works;
  4. To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honour and reputation of the author)

The economic rights, under Article 20 of Vietnam IP Law, include rights:

  1. To make derivative works;
  2. To display their works to the public;
  3. To reproduce their works;
  4. To distribute or import the original or copies of their works;
  5. To communicate their works to the public by wireless or landline means, electronic information networks or other technical means;
  6. To lease the original or copies of cinematographic works and computer programs.

The moral rights stipulated in clauses 1, 2 and 4 of Article 19 of Vietnam IP Law shall last indefinitely.

The moral rights stipulated in article 19.3 and the economic rights stipulated in Article 20 of Vietnam IP Law shall enjoy the following terms of protection:

  1. Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of 75 (seventy-five) years from the date of first publication. For cinematographic works, photographic works and works of applied art which remain unpublished within twenty-five years from the date of fixation, the term of protection is 100 (one hundred) years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated under Point b below.
  2. A work not specified at Point (i) is protected for the whole life of the author and for 50 (fifty) years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author;
  3. The term of protection specified in Points (i) and (ii) above expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term.

Q 70: How does copyright infringement occur in Vietnam, and what are the legal consequences for infringement?

Copyright infringement in Vietnam can occur in many ways, including but not limited to:

  1. Reproducing or distributing copyrighted works without permission: This includes making copies of copyrighted works, distributing them without the owner’s consent, or selling unauthorized copies of copyrighted works.
  2. Public performance or display of copyrighted works without permission: This includes showing or performing copyrighted works in public places such as theaters, bars, or restaurants, without obtaining the proper authorization from the copyright owner.
  3. Adaptation or modification of copyrighted works without permission: This includes making changes to copyrighted works without the permission of the copyright owner, such as translating a work into a different language or creating a derivative work.
  4. Failure to credit the author or owner of a copyrighted work: This involves failing to attribute the copyright owner or author of a work that is being used.

In Vietnam, the legal consequences for copyright infringement can be severe. Those found guilty of copyright infringement may face civil, administrative, and criminal penalties, including:

  1. Civil penalties: The copyright owner can file a lawsuit against the infringer to seek damages or other remedies, such as an injunction to stop the infringing activity.
  2. Administrative penalties: In cases where the infringement is not considered serious, the competent authority may impose administrative sanctions, such as fines or seizure of infringing goods.
  3. Criminal penalties: In cases where the infringement is deemed serious or repeated, the infringer may face criminal prosecution, which can result in imprisonment or substantial fines.

It’s worth noting that copyright infringement can also result in reputational damage to the infringer, which can negatively impact their business or personal life. Therefore, it’s essential to respect the intellectual property rights of others and obtain permission before using copyrighted works.

Q 71: How can copyright owners protect their works against infringement in Vietnam?

Copyright owners in Vietnam can protect their works against infringement through various means, including:

  1. Monitoring: Owners can monitor the marketplace to detect any unauthorized use or distribution of their copyrighted works.
  2. Cease and desist letters: Copyright owners can send cease and desist letters to individuals or companies suspected of infringing their copyright, demanding that they stop the infringing activity.
  3. Negotiation: Copyright owners can negotiate with infringers to reach a settlement that compensates the owner for the infringement.
  4. Legal action: If negotiation fails, owners can pursue legal action against the infringer. This can involve filing a lawsuit in court and seeking a court order to stop the infringing activity and/or seeking compensation for damages suffered as a result of the infringement.
  5. Enforcement by authorities: In some cases, copyright owners can also request the authorities to take action against infringers, such as by seizing infringing copies or taking down infringing content from websites.

It’s worth noting that copyright owners in Vietnam may find it helpful to work with a local attorney who has experience in copyright law and enforcement in the country.

Q 72: How many collective management organizations (CMOs) in Vietnam?

There are currently five collective management organizations (CMOs) in Vietnam:

  1. Vietnam Center for Protection of Music Copyright (VCPMC)
  2. Recording Industry Association of Vietnam (RIAV)
  3. Vietnam Literary Copyright Center (VLCC)
  4. Vietnam Reproduction Right Organization (VIETRRO)
  5. Vietnam Association for Rights Protection of Music Performing Artists (APPA)

In addition, there are several international CMOs that have a presence in Vietnam, including:

  1. International Federation of Reproduction Rights Organisations (IFRRO)
  2. International Confederation of Societies of Authors and Composers (CISAC)
  3. Association of Rights Management for Audiovisual and Cinematographic Works (AGICOA)
  4. International Federation of the Phonographic Industry (IFPI).