Vietnam Patent Maintenance Fees 2026: Deadlines and Total Cost

A patent lasts up to 20 years — yet many titles die young simply because the owner forgot to pay the annual maintenance fees. The law is strict: validity terminates automatically, with no revocation decision needed. This article explains the maintenance obligation, filing deadlines (including the new rule effective 1 July 2026), and the five-component formula for total annual maintenance cost — because “maintenance” is not just VND 50,000 as many believe.

The maintenance obligation — and the consequence of non-payment

Article 94.1 of the Law on Intellectual Property (consolidated text 67/VBHN-VPQH dated 23 March 2026): “To maintain the validity of Invention Patents and Utility Solution Patents, the protection title holder must pay maintenance fees.” Rates follow fee legislation (Article 94.3).

The consequence of non-payment is set out in Article 95.2: “upon expiry of that time limit, the validity of the protection title automatically terminates from the first day of the first validity year for which maintenance fees were not paid.” No revocation decision is required; termination is recorded in the National Register and published in the Industrial Property Gazette.

In short: a 20-year patent only survives the full 20 years if the owner pays maintenance fees every year. Missing a single year can forfeit the entire right.

Payment deadlines and grace period — note the new rule from 1 July 2026

Under Article 108 of Circular 10/2026/TT-BKHCN (amended by Circular 20/2026/TT-BKHCN, effective 1 July 2026):

The maintenance dossier plus fees must be filed before the expiry date of the validity term of the Invention/Utility Solution Patent;
Late payment is allowed for no more than 06 months from the expiry date, provided an additional late maintenance fee is paid for each month of delay — 10% of the maintenance fee per month (Section A 3.2 of the schedule issued with Circular 263/2016/TT-BTC);
The dossier includes: the declaration form (Form No. 01, Appendix II of Circular 10/2026); a power of attorney (if filed through a representative). The Intellectual Property Office of Vietnam processes the request within 01 month (issuing a maintenance notice, recording in the National Register, publishing in the Gazette within 30 days).

Important change: the old rule (clause 2, Article 30 of Decree 65/2023/ND-CP) required filing “no later than 06 months before” the term expired — that rule no longer applies. Under current rules, filing before the expiry date suffices (plus a 06-month late-payment grace period). Do not use the old rule when calculating deadlines.

Total annual maintenance cost formula: 5 components (VND)

Never write that “maintaining a patent costs only VND 50,000/year”. That figure is just one of five cost components. Total annual maintenance cost = (a) + (b) + (c) + (d) + (e):

Component	Basis (Circular 263/2016/TT-BTC schedule)	Standard rate	Rate at 14 Oct 2026
(a) Validity maintenance fee (per year/independent point)	Section A 3.1	100,000	50,000 (50% reduction under Circular 64/2025, 1 Jul 2025–31 Dec 2026; from 1 Jan 2027: 100,000)
(b) Protection title use fee/year (per independent point) — progressive scale, not reduced	Section B 5.1	years 1–2: 300,000; 3–4: 500,000; 5–6: 800,000; 7–8: 1,200,000; 9–10: 1,800,000; 11–13: 2,500,000; 14–16: 3,300,000; 17–20: 4,200,000	Unchanged (Section B not covered by the reduction)
(c) Maintenance request examination fee (per title) — not reduced	Section B 1.6	160,000	160,000
(d) Maintenance information publication fee (per application) — not reduced	Section B 4.1	120,000	120,000
(e) Maintenance information registration fee (per title) — not reduced	Section B 4.2	120,000	120,000

For late payment: late maintenance fee = 10% of the maintenance fee per month of delay (Section A 3.2) — at current reduced rates, equivalent to VND 5,000/month.

Worked example

For a patent with 01 independent point, maintained in its 5th validity year (as of 14 October 2026): (a) 50,000 + (b) 800,000 + (c) 160,000 + (d) 120,000 + (e) 120,000 = VND 1,250,000. The same maintenance year from 1 January 2027 (after the reduction expires): (a) 100,000 + 800,000 + 160,000 + 120,000 + 120,000 = VND 1,300,000. Actual costs rise each year because component (b) is progressive — in years 17–20, (b) alone is VND 4,200,000/year/independent point.

Other related fees (for reference)

Filing fee: VND 150,000 → currently VND 75,000 (50% reduction until 31 Dec 2026);
Grant fee: VND 120,000 (+VND 100,000 per second and further independent point) → currently VND 60,000;
Invention/utility solution examination fee: VND 900,000/independent point (formality 20%, substantive 80%) — not reduced.

Two parallel policies to distinguish: Circular 64/2025/TT-BTC reduces all Section A fees by 50% (including online filing), applying 1 July 2025–31 December 2026, reverting to 100% from 1 January 2027. Circular 29/2026/TT-BTC (effective 1 April 2026) fully exempts filing fees (Section A 1.1) and grant fees (Section A 2.1) for procedures done via VNeID, until 31 December 2026. The two policies run in parallel without conflict — but both are time-limited, so always verify actual rates at payment time.

Deadline-tracking checklist for title holders

Set reminders per title: the “validity year” counts from the filing date (linked to Article 93.2); the first maintenance year begins after grant — do not infer the year-counting anchor without checking IP Vietnam’s processing practice;
File before the term expiry date (new rule from 1 July 2026) — do not apply the old “06 months before” benchmark;
If you miss the deadline: a 06-month late-payment grace period remains, but each month adds a 10% late fee — the later, the costlier;
Budget properly: calculate all 5 components using the formula above; note component (b) rises progressively each year and the 50% reduction ends on 31 December 2026;
Multiple independent points: components (a) and (b) are charged “per year per independent point” — do not infer calculation methods beyond the schedule’s formula.

Frequently asked questions

Can a patent be “revived” after missing maintenance payment?

Within the 06-month grace period from the term expiry date, the holder may still pay late (plus late fees). Beyond 06 months without payment, the title’s validity automatically terminates under Article 95.2 — the cited rules provide no “restoration” mechanism.

How long does the 50% fee reduction last?

Under Circular 64/2025/TT-BTC, the 50% reduction of Section A fees applies from 1 July 2025 to 31 December 2026. From 1 January 2027, rates return to 100% (e.g., the maintenance fee from VND 50,000 back to VND 100,000). Section B fees (title use, examination, publication, registration) are not reduced.

Can an industrial property representative pay maintenance fees on my behalf?

Yes. Dossiers filed through a representative require a power of attorney. IP Vietnam processes maintenance requests within 01 month.

Cited legal instruments

Law on Intellectual Property — consolidated text 67/VBHN-VPQH dated 23 March 2026 (Articles 93, 94, 95);
Circular 10/2026/TT-BKHCN (Article 108; Form No. 01, Appendix II) — amended by Circular 20/2026/TT-BKHCN, effective 1 July 2026;
Circular 263/2016/TT-BTC (fee schedule); Circular 64/2025/TT-BTC (50% reduction of Section A fees, 1 Jul 2025–31 Dec 2026); Circular 29/2026/TT-BTC (effective 1 Apr 2026; 100% exemption of filing and grant fees via VNeID until 31 Dec 2026).

The provisions and rates above were checked against the original texts as of 14 October 2026. Readers should verify the laws in force and actual rates at payment time.