Geographical Indications Vietnam: State-Owned, Indefinite Term, No Assignment

A geographical indication (e.g. Phu Quoc fish sauce, Buon Ma Thuot coffee) is the industrial property object with the most distinctive legal regime: the right to register belongs to the State, the certificate is valid for an indefinite term — the only such case among industrial property objects — and it may neither be assigned nor licensed. This article explains the current legal framework under the IP Law (consolidated document 67/VBHN-VPQH), Decree 100/2026/ND-CP and Circular 10/2026/TT-BKHCN.

1. The right to register belongs to the State

Under Article 88.1 of the IP Law, the right to register a Vietnamese geographical indication belongs to the State. The State permits the following to exercise the registration right:

Organizations and individuals producing the products bearing the geographical indication;
Collective organizations representing the producers;
The local administrative authority of the corresponding geographical area.

The key point: the applicant does NOT become the owner of the geographical indication. The State is the owner of the geographical indication (Article 121.4) — the State grants the right of use to organizations and individuals producing in the locality, and grants the management right to a representative organization.

2. Indefinite validity — unique among industrial property objects

Under Article 93.7 of the IP Law, a geographical indication registration certificate is valid indefinitely from the date of grant — unlike trademarks (10 years, renewable), patents (20 years) or industrial designs (5 years, renewable). However, indefinite validity does not mean it cannot be lost:

The certificate is terminated if changes in the geographical conditions cause the loss of the product’s reputation, quality or characteristics determined by those conditions (Article 95.1(g));
Maintaining product quality and production conditions in the geographical area is therefore existential for a geographical indication.

3. No assignment, no licensing

Two absolute prohibitions apply to geographical indications:

No assignment of rights in a geographical indication (Article 139.2);
No licensing of the right to use a geographical indication (Article 142.1).

The only mechanism for a producer to use a geographical indication is to be granted the right of use by the State (through the managing organization) — on condition of producing within the corresponding geographical area and meeting quality standards.

4. Conditions for protection (Article 79)

A geographical indication is protected when it simultaneously meets:

The product originates from the area, locality, region or country corresponding to the geographical indication;
The product has a reputation, quality or characteristics essentially attributable to the geographical conditions — a mandatory causal link between the natural/human conditions of the land and the product’s characteristics;
It does not fall within the objects excluded from protection as geographical indications (Article 80).

5. Scope of protection: 3 elements

Under Article 34.1 of Decree 65/2023/ND-CP, the scope of protection of a geographical indication is determined by three elements:

The specific product bearing the geographical indication;
The geographical area shown on the map;
The particular characteristics of the product described in the description.

The practical consequence: producers outside the map boundaries — even making the same type of product — may not use the geographical indication. The map boundary is the legal “fence” of the right.

6. Registration dossier (Article 106)

A geographical indication application comprises:

The declaration form;
The description of the product’s particular characteristics and reputation;
The map of the geographical area, certified by the competent local authority;
For foreign geographical indications: documents proving the indication is protected in the country of origin.

Examination of geographical indication applications is regulated by Articles 95–98 of Circular 10/2026/TT-BKHCN (effective 1 April 2026, replacing Circular 23/2023). Note: examination time limits may have been shortened after Law 131/2025 — check the latest text; do not apply the old time limits.

7. Frequently asked questions

Can a business “own” a geographical indication?
No. The State owns the geographical indication; a business can only be granted the right of use if it produces within the corresponding geographical area and meets the conditions.

Does a geographical indication have a protection term?
The certificate is valid indefinitely (Article 93.7), but is terminated if changes in geographical conditions cause the loss of the product’s reputation/quality/characteristics (Article 95.1(g)).

Can the right to use a geographical indication be sold or leased?
No. The law prohibits assignment (Article 139.2) and licensing (Article 142.1) of rights in geographical indications.

May producers outside the map area use the place name?
They may not use a protected geographical indication; such use may be treated as industrial property infringement.

Sources

Law on Intellectual Property, consolidated document 67/VBHN-VPQH: Articles 79, 80, 88, 92.2, 93.7, 95.1(g), 106, 121.4, 124.7, 139.2, 142.1;
Decree 65/2023/ND-CP: Article 34.1 (as amended by Decree 100/2026/ND-CP);
Decree 100/2026/ND-CP — effective 1 April 2026;
Circular 10/2026/TT-BKHCN (Articles 95–98) — effective 1 April 2026, replacing Circular 23/2023.

For reference only; not legal advice. This content was drafted by AI and will be quality-checked by the AI Legal Council of FLAT Law Firm before publication review; it is not legal advice from a human lawyer. Regulations may change; please check the current legal texts before relying on this information.

Need advice on registering or exercising the right to use a geographical indication? Contact FLAT Law Firm for advice.