New foreign investors in Vietnam usually arrive with a full IP portfolio: brands, logos, software, product designs, technical know-how. The most common mistake: assuming foreign registrations are enough — while IP rights are territorial and do not automatically “follow” you into Vietnam. This article sets out a priority order for multi-type IP registration (trademarks + designs + patents + copyright + trade secrets + domain names), with the legal basis and a first-90-days roadmap.
To be clear: Trademark Protection in Vietnam for Foreign Investors goes deep on trademarks; this article gives the comprehensive priority order across all IP asset types.
1. The legal basis for the priority order: what needs registration to exist comes first
- Territoriality: IP rights held abroad have no automatic effect in Vietnam — they must be registered in Vietnam (exceptions: copyright arises automatically under the Berne Convention; well-known marks are protected without registration but the evidentiary bar is very high — do not rely on it to delay).
- Basis for rights — Article 6 of the IP Law (amended by Article 1(2) of Law 131/2025/QH15, effective 1/4/2026):
- Copyright: arises upon creation (no registration needed);
- Industrial property rights (patents, designs, trademarks…): established by the granting decision — no registration = no right;
- Well-known marks: established through use; trade names: through lawful use; trade secrets: through lawful acquisition + secrecy.
- First-to-file — Article 90 of the IP Law: for patents, designs, and trademarks, the earliest valid applicant wins. → File in Vietnam as early as possible; do not wait for the subsidiary to become operational.
- Foreign applicants file through a representative — Article 1(23) of Law 131/2025 amending Article 89 of the IP Law (“procedures for filing…”): foreign individuals not residing in Vietnam and foreign organisations/individuals without a business establishment in Vietnam file through a lawful representative in Vietnam (check the article number in the latest consolidated text). The same applies to IP complaints (Article 119a(2), amended by Law 131/2025).
2. Recommended priority order
| Priority | Subject | Why first | Timeline & term |
|---|---|---|---|
| 0 | Inventory & search | List all IP assets to be used in Vietnam; search the IP Office / WIPO Global Brand Database | Before filing anything |
| 1 | Trademarks (brand name, logo) | First-to-file; the most “stolen” asset; attached to every business activity | 05-month examination (Law 131/2025); 10-year term, unlimited renewals (Art. 93) |
| 2 | Copyright (software, documents, designs) | Arises automatically — low cost; register for a certificate as evidence | Certificate within 15 working days (Decree 17/2023) |
| 3 | Patents (if core technology exists) | Pre-filing disclosure = loss of novelty; consider trade-secret protection instead; use the 12-month priority | 12-month examination (Law 131/2025); in practice often 2–4+ years — stated as “practice” |
| 4 | Industrial designs (product/packaging design; since 1/4/2026 also GUI/icons) | Easily copied at launch; no registration = no right; 6-month priority | 05-month examination; 5 years × 2 renewals of 5 years (Art. 93) |
| 5 | Trade secrets + contracts | Cannot be registered — protect via NDAs, confidentiality clauses in employment/technology-transfer contracts, access control; start on day one of hiring | As long as secrecy is kept |
| 6 | .vn domain + trade name | Register early to avoid cybersquatting; check the company name for conflicts/confusion | Per VNNIC rules |
3. International priority: “reserving” your filing date
- 12 months for patents (Paris Convention; Article 91 of the IP Law — check the article number in the latest consolidated text): file in a member state first → file in Vietnam within 12 months keeping the first filing date (PCT designating Vietnam or a Paris filing).
- 6 months for trademarks and designs (Article 100 of the IP Law for trademarks).
- In practice: file at home before entering Vietnam, then use the priority window to complete the Vietnamese dossier — protecting against loss of rights while allowing preparation time.
4. New examination timelines (Law 131/2025, effective 1/4/2026)
- Trademark applications: 09 → 05 months; designs: 07 → 05 months; patents: 18 → 12 months; publication: 02 → 01 month.
- A 03-month expedited examination where conditions are met — conditions in Decree 100/2026/ND-CP; do not promise details without checking.
- Related new points: security control for inventions in state-secret defence/security categories created in Vietnam (Article 89a); a patent inventor must be human — AI is not recognised as an inventor; ideas, slogans, and standalone work titles fall outside copyright protection.
5. Fees (rates as of 14/10/2026 — re-check at filing)
- Industrial-property filing: VND 75,000/application until 31/12/2026; from 01/01/2027: VND 150,000 (Decision 2113/QD-BKHCN).
- Trademark substantive examination: VND 550,000/class; classification VND 100,000; publication VND 120,000; grant VND 60,000 (first class) / VND 50,000 (further classes) until 31/12/2026; recordal VND 120,000.
- Copyright registration (Circular 211/2016/TT-BTC): software VND 600,000; applied art VND 400,000; written works VND 100,000/certificate.
- Madrid designating Vietnam: basic fee CHF 653/903 (plus Vietnam’s individual fee per the WIPO schedule).
6. First-90-days checklist for foreign investors
Week 1: search + file trademarks (through an IP representative in Vietnam — mandatory under Article 89); use the 6-month priority if already filed at home.
Month 1: file designs for key designs; register copyright (software, training materials, website); file patents/designs using the 12/6-month priorities; sign NDAs with all personnel.
Before product/service launch: complete domain registration; review licence/assignment contracts — register IP licence contracts with the IP Office for erga omnes effect against third parties (check the article number in the latest consolidated text after Law 131/2025); review employment/outsourcing contracts for IP clauses (who owns the rights).
Consider Madrid designating Vietnam for multi-country strategies.
7. Exceptions and notes
- If the foreign investor acquires or contributes capital to a Vietnamese company holding marks → IP due diligence + register the assignment contract with the IP Office (IP assignment contracts have erga omnes effect only upon registration).
- Not every asset needs every registration type — the above is a general framework; pure service businesses may skip patents/designs.
- Multi-country strategies: consider the Madrid System designating Vietnam instead of separate national filings.
8. Traps to avoid
- Stating “a foreign trademark purchase is enough” — wrong on territoriality.
- Stating practical processing times (trademarks 12–18+ months; patents 2–4+ years) as statutory deadlines.
- Stating foreigners “may file in Vietnam themselves” — wrong under Article 89 (mandatory lawful representative in Vietnam).
- Stating a single fee of VND 150,000 or VND 75,000 without the time cut-offs (31/12/2026 / 01/01/2027).
9. FAQ
Q: I registered abroad — must I re-register in Vietnam?
A: Yes — IP rights are territorial. The only exceptions are well-known marks (very high evidentiary bar) and copyright (automatic under Berne).
Q: Can I file before the subsidiary is established?
A: Yes — file through an IP representative in Vietnam as a foreign applicant; do not wait for the subsidiary to operate (first-to-file).
Q: Trade secret or patent filing?
A: Depends on strategy. Patenting = disclosing the technology in exchange for a 20-year monopoly; trade secrecy = potentially indefinite protection but total loss if leaked. For hard-to-reverse-engineer technology, trade secrets + NDAs often work better.
10. Sources
- Law on Intellectual Property (Articles 6, 75, 89, 90, 91, 93, 100, 119a; current consolidated text); Law No. 131/2025/QH15
- Decree No. 17/2023/ND-CP; Decree No. 100/2026/ND-CP
- Circular No. 211/2016/TT-BTC; Circular No. 263/2016/TT-BTC; Decision No. 2113/QD-BKHCN
- Paris Convention; Madrid Protocol; Berne Convention
The information in this article is for reference only and is not legal advice. Laws and fee schedules may change; please check the original texts or consult a lawyer before applying.
This article was prepared by the FLAT Law Firm editorial team with the assistance of artificial intelligence (AI); legal statements were checked against original legal texts as of 14 October 2026.
A foreign investor needing an IP strategy for Vietnam? Contact FLAT Law Firm via our contact page.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
