Short answer: An industrial design patent in Vietnam is valid for 05 years from the filing date and may be renewed a maximum of two consecutive times, 05 years each — i.e. up to 15 years from the filing date. After 15 years the exclusive right terminates; there is no third renewal in any form (Article 93.4 of the Law on Intellectual Property, consolidated text 67/VBHN-VPQH dated 23/3/2026).
1. The term formula for industrial designs
Article 93.4 of VBHN 67/VBHN-VPQH provides: “An industrial design patent is effective from the date of grant and lasts until the end of five years from the filing date, and may be renewed twice consecutively, five years each time.” Two points owners often misunderstand:
- The first term runs from the filing date, not the grant date. If examination takes 2 years, only about 3 years of effective exclusivity remain after grant for the first term — so filing early and tracking examination progress matters.
- “Twice consecutively” means no gap-and-renew-later: each renewal must be filed on time or within the grace period of that term.
2. Term comparison with other industrial property subject matter (same Article 93)
- Inventions (Article 93.2): 20 years from filing — no renewal, only annual maintenance fees.
- Utility solutions (Article 93.3): 10 years from filing — no renewal, only annual maintenance fees.
- Industrial designs (Article 93.4): 5 years from filing — 2 renewals x 5 years = 15 years maximum.
- Trademarks (Article 93.6): 10 years from filing — unlimited renewals, 10 years each.
- Geographical indications (Article 93.7): indefinite validity, no renewal needed.
3. Renewal procedure and filing deadlines
Article 94.2 requires the title holder to pay renewal fees and charges. Details are in Article 108 of Circular 10/2026/TT-BKHCN (amended by Circular 20/2026/TT-BKHCN, effective 01/7/2026):
- Filing window: within 06 months before the expiry date of the industrial design patent.
- Grace period for late filing: late filing accepted up to 06 months after expiry, subject to an additional charge for each month of delay (10% of the renewal charge per month — Section A 3.2 of the fee schedule issued with Circular 263/2016/TT-BTC).
- Dossier: declaration using Form No. 01, Appendix II of Circular 10/2026; the original patent certificate (if requesting the renewal to be recorded on a paper certificate); power of attorney (if filed through a representative). If renewing only some embodiments (which must include the basic embodiment), the scope must be specified.
- Processing: the Intellectual Property Office of Vietnam processes the request within 01 month; publication in the Industrial Property Official Gazette within 30 days.
4. Renewal fees and charges — verify the rates at the time of filing
- Renewal charge: VND 100,000 per 5 years per embodiment (Section A 3.1, Circular 263/2016/TT-BTC). The rate applied until 31/12/2026 is VND 50,000 (Circular 64/2025/TT-BTC reduces several fees/charges by 50%); from 01/01/2027 it returns to VND 100,000.
- Late filing: plus 10% of the renewal charge per month of delay (Section A 3.2).
- Examination fee for the renewal request: VND 160,000 per title (Section B 1.6 — not subject to the reduction).
Note: the 50% reduction under Circular 64/2025/TT-BTC is time-limited — always check the rates in force when filing.
5. What happens if you forget to renew?
Article 95.2 provides: if the title holder fails to pay the renewal fees/charges by the deadline, the title automatically terminates from the start of the next validity term for which fees were not paid. Termination is recorded in the National Register and published in the Industrial Property Official Gazette. The law provides no “restoration” mechanism once a title has terminated on this ground.
6. Practical recommendations
- Maintain a docketing calendar for each title, with reminders set 06 months before expiry.
- File within the 06-month window — do not rely on the grace period, which costs an extra 10% per month and still carries the risk of missing it entirely.
- For multi-embodiment titles, review which embodiments still have commercial value before deciding between full or partial renewal to optimize costs.
FAQs
Can an industrial design be renewed after 15 years?
No. The law allows a maximum of two consecutive renewals of 5 years each.
Do the 5 years run from grant or from filing?
From the filing date (Article 93.4).
Is filing 7 months after expiry still accepted?
No. The grace period is a maximum of 06 months from expiry.
How does renewal differ between industrial designs and trademarks?
Industrial designs: max 2 renewals (15 years); trademarks: unlimited renewals of 10 years each.
Legal sources cited
- Law on Intellectual Property — consolidated text 67/VBHN-VPQH (23/3/2026): Articles 93, 94, 95.
- Circular 10/2026/TT-BKHCN: Article 108 (renewal procedure).
- Circular 20/2026/TT-BKHCN (effective 01/7/2026): amending Article 108 of Circular 10/2026.
- Circular 263/2016/TT-BTC: industrial property fee/charge schedule (A 3.1, 3.2; B 1.6).
- Circular 64/2025/TT-BTC: 50% reduction of certain fees/charges until 31/12/2026.
See also: Border Control Against Counterfeit Goods in Vietnam: Working with Customs — when design-infringing goods are detected at the border.
Need help tracking deadlines and renewing your industrial property titles in Vietnam? Reach FLAT Law Firm via the Contact page.
The information above is for reference only and does not constitute legal advice.
Transparency note: This article was drafted by FLAT Law Firm\u2019s AI content production system and reviewed by the internal review board (AI Legal Council QA). It has not been reviewed by a human lawyer.