Vietnamese exporters of goods bearing industrial designs — from packaging and household items to equipment — cannot rely on a domestic title alone. A design protected in Vietnam does not automatically enjoy protection in export markets. The good news: since 1 January 2020, Vietnam has been a member of the Hague Agreement on international registration of industrial designs, opening a single-application route to protection in multiple countries.
Two routes to protect industrial designs abroad
Exporters have two options. The Hague route: file one international application designating multiple member states — 1 application, 1 language (English/French/Spanish), 1 fee currency (Swiss francs — CHF), up to 100 designs per application, centralised management (renewals, assignments via WIPO). The Paris route: file directly with each country’s IP office through a local industrial property agent, combined with the 6-month priority right under Article 91 of the Law on Intellectual Property and Article 4 of the Paris Convention 1883 — a later filing within 6 months of the first filing takes the first filing date as its priority date. The Hague route saves procedures but only reaches member states of the Geneva Act 1999, and each state still examines substance independently (refusal possible country by country); direct filing reaches every country but costs more, with separate procedures, languages and agents per country.
Applicable legal framework and effect
The framework comprises: the Hague Agreement Concerning the International Registration of Industrial Designs — Geneva Act 1999: Vietnam deposited its instrument of accession on 30 September 2019 (handed by the Minister of Science and Technology at WIPO headquarters, Geneva), effective for Vietnam from 1 January 2020 (3 months after deposit, per official announcements of the Ministry of Science and Technology/the Intellectual Property Office of Vietnam). Note: Vietnam acceded only to the Geneva Act 1999, independent of the 1960/1934 Acts — Vietnamese applicants may designate only states party to the 1999 Act. Next, the Law on Intellectual Property (Consolidated Document 67/VBHN-VPQH, 23 March 2026): Article 93.9 (effect of an international industrial design registration designating Vietnam), Article 120 (international applications), Articles 63–67 (domestic protection conditions for industrial designs), Article 91 (priority right); Circular 10/2026/TT-BKHCN (effective 1 April 2026) — Articles 65–67 (handling Hague applications: Vietnamese origin and designating Vietnam), replacing Circular 23/2023/TT-BKHCN; Decree 65/2023/ND-CP (Articles 22–25: Hague applications), amended by Decrees 15/2026, 33/2026, 100/2026/ND-CP (effective 1 April 2026).
Who may file a Hague application of Vietnamese origin?
Individuals or organisations that are nationals of a Hague member state, or domiciled in a member state’s territory, or that have a real and effective industrial or commercial establishment in a member state’s territory — all qualify to file Hague applications of Vietnamese origin.
Filing a Hague application from Vietnam: two ways
Way 1 — file directly with the WIPO International Bureau (online via the WIPO portal or by post), with no prior national filing required: one application in one of 3 languages (English/French/Spanish), up to 100 designs per application, one fee currency (CHF), designating multiple states. Way 2 — file through the Intellectual Property Office of Vietnam (Articles 22–23 of Decree 65/2023/ND-CP; Articles 65–66 of Circular 10/2026/TT-BKHCN): the application in English (2 copies); the Office collects the transmittal fee; notifies fees payable directly to WIPO within 20 working days; conducts a preliminary formal check within 12 working days (10 working days to remedy deficiencies); transmits to WIPO within 1 month of receipt; the Office’s receipt date counts as the international filing date if WIPO receives the application within 1 month. After filing with WIPO, all subsequent transactions are conducted directly with WIPO and the designated states’ offices.
Handling Hague applications designating Vietnam
In the reverse direction — Hague applications designating Vietnam — the Intellectual Property Office of Vietnam examines substance as for national applications and must conclude protectability within 6 months of WIPO publication (Article 67 of Circular 10/2026/TT-BKHCN): issuing a decision to accept protection (recorded in the National Register, declaration sent to WIPO, published in the Gazette within 1 month) or a refusal notice on the WIPO form; the applicant has 3 months to remedy deficiencies or object; complaints follow the national-application procedure. Effect of an international industrial design registration designating Vietnam under Article 93.9 of the Law on Intellectual Property: effective from the date the Intellectual Property Office of Vietnam issues the decision accepting protection, or from the day following expiry of the 6-month period from the International Bureau’s publication of the international registration — whichever is earlier; the term of protection follows the Hague Agreement.
Important note: security control applies to inventions only
Article 89a of the Law on Intellectual Property provides security control for inventions before filing abroad (requiring permission from the Ministry of National Defence/Ministry of Public Security) — this applies only to inventions, not to industrial designs. Businesses filing industrial designs abroad are not bound by this procedure, but must distinguish clearly where a dossier covers both inventions and designs.
Risks and practical recommendations
The biggest risk is delay: an industrial design is protected only if it meets novelty, creativity and industrial applicability (Articles 63–67) — launching the product in export markets before filing can destroy novelty (the 6-month grace period for the applicant’s own disclosure under Article 65.4 is a narrow exception, not to be relied upon). Recommendations: list target export markets before product launch; check each country’s membership in the Geneva Act 1999 (updated WIPO member list); for states outside the Hague system, calculate the 6-month Paris Convention priority; and check WIPO’s current CHF fee schedule before budgeting.
Frequently asked questions
How many countries can one Hague application cover?
One Hague application may designate multiple member states in a single filing (up to 100 designs per application), but only states party to the Geneva Act 1999 — the Act Vietnam acceded to. Each designated state still examines substance independently and may refuse.
How long does filing a Hague application via the IP Office of Vietnam take to reach WIPO?
The Office conducts a preliminary formal check within 12 working days (10 working days to remedy deficiencies) and transmits the application to WIPO within 1 month of receipt (Articles 65–66 of Circular 10/2026/TT-BKHCN; Articles 22–23 of Decree 65/2023/ND-CP).
When does an international registration designating Vietnam take effect?
Under Article 93.9 of the Law on Intellectual Property: from the date the Intellectual Property Office of Vietnam issues the decision accepting protection, or from the day following expiry of the 6-month period from WIPO’s publication of the international registration — whichever is earlier.
Is security clearance needed to file industrial designs abroad?
No. Article 89a of the Law on Intellectual Property on security control before filing abroad applies to inventions only, not to industrial designs.
Sources
- Hague Agreement Concerning the International Registration of Industrial Designs — Geneva Act 1999 (effective for Vietnam from 1 January 2020);
- Law on Intellectual Property 50/2005/QH11, consolidated in Consolidated Document 67/VBHN-VPQH (23 March 2026) — Articles 63–67, 89a, 91, 93.9, 120 (including amendments by Law 131/2025/QH15, effective 1 April 2026);
- Circular 10/2026/TT-BKHCN (effective 1 April 2026) — Articles 65–67;
- Decree 65/2023/ND-CP (amended by Decrees 15/2026, 33/2026, 100/2026/ND-CP, effective 1 April 2026; Consolidated Document 04/VBHN-BKHCN) — Articles 22–25;
- Paris Convention 1883 for the Protection of Industrial Property — Article 4 (priority right).
Disclaimer: This article is for general reference only and does not replace legal advice for any specific case.
Content transparency: Content quality-checked by the AI Legal Council; not reviewed by a human lawyer.
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If you need advice on protecting industrial designs in export markets or filing Hague applications from Vietnam, contact FLAT LAW FIRM for advice.