Vietnam

Country code:

VN

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Background of colaboration

Information about funding opportunities for R&D projects:


Name of the programme	Funding organisation	Countries	Research Actions	Limitations
The ASEAN Project on Intellectual Property Rights (ECAP III) - currently Phase II (2012-2015)	The European Commission and the Office for Harmonization in the Internal Market	ASEAN (including Vietnam)	Research activities concerning environment - support ASEAN regional integration and further upgrade and harmonize the systems for IP creation, protection, administration and enforcement in the ASEAN region, in line with international IP standards and with the ASEAN IPR Action Plan 2011-2015.	Different conditions are applied to organizations and individuals participating in the project.

Partner search facilities:


Name	Description	Scope	Costs
Intellectual Property and Technology Transfer Center (IPTC) - Vietnam National University – Ho Chi Minh City (VNU-HCM)	Its mission is to promote and facilitate the transfer of useful innovations to the commercial sector. Towards this end, IPTC will manage, protect and facilitate the commercialisation of intellectual property generated from IPTC research enterprises.	Vietnam	Payable
Vietnam Intellectual Property Research Institute	Reseach in the field of Intellectual Property; Consultancy and Expertise in the field of Intellectual Property; Training in the field of Intellectual Property.	Vietnam	Payable

Resources of information:


Name	Description	Costs
Information not available

Institutions supporting R&D collaboration:


Name	Description
The Ministry of Science and Technology	The Ministry is a governmental agency which performs functions of State management on Science and Technology, including Science and Technology activities; development of Science and Technology potentials; intellectual property; standards, metrology and quality control; atomic energy, radiation and nuclear safety; and State management on public services in fields under the Ministry’s management as stipulated by law.
The National Agency for Science and Technology Information (NASATI)	NASATI's function is advising and assisting the Minister in implementing state management and implementation of science and technology information, library and statistics activities. NASATI is responsible for developmnet of drafts of legal documents, standards and technical regulations in the field of science and technology library, information, statistics; development of techmart Vietnam; and development of advanced science and technology information networks; drafting of long-term, 5-year and annual strategies, policies and plans on building infrastructure for science and technology information, libraries, and statistics, development of techmart Vietnam, center of technology information exchange and investment in developing advanced science and technology information networks etc.

Legal framework for R&D cooperation:


Name of the agreement	Description
Vietnam - U.S. Bilateral Trade Agreement	The Agreement covers trade in goods, protection of intellectual property rights, trade in services, investment protection, business facilitation and transparency.
Vietnam - Switzerland Agreement on the Protection of Intellectual Property and on Co-operation in the Field of Intellectual Property	The Agreement provides an effective and adequate protection of intellectual property rights, in order to reduce distortions and impediments to trade and to ensure that measures and procedures to enforce intellectual property rights do not themselves become barriers to legitimate trade, and contributes to the strengthening of the multilateral system of intellectual property.
Vietnam - Japan Economic Partnership Agreement (IP provisions)	The Agreements liberalizes and facilitates trade in goods and services between the Parties, ensures protection of intellectual property and promotes cooperation and coordination for the effective enforcement of competition laws in each Party, facilitates movement of natural persons between the Parties.

General IP info

Categories of IP rights:


Category of IPR	Name of the law	Registration needed	Where to register
Copyright	Law on Intellectual Property of 2005	yes	Copyright Office of Vietnam (Ministry of Culture, Sports and Tourism)
Patents	Law on Intellectual Property of 2005	yes	National Office of Intellectual Property of Vietnam
Utility models	Law on Intellectual Property of 2005	yes	National Office of Intellectual Property of Vietnam
Trade marks	Law on Intellectual Property of 2005	yes	National Office of Intellectual Property of Vietnam
(Industrial) designs	Law on Intellectual Property of 2005	yes	National Office of Intellectual Property of Vietnam
Geographical Indications	Law on Intellectual Property of 2005	yes	National Office of Intellectual Property of Vietnam
Know How	not protected	-	-
Plant Breeders Rights	Law on Intellectual Property of 2005	yes	Office of Farming (Ministry of Agriculture and Rural Development)
Topographies of Semiconductor Products	Law on Intellectual Property of 2005

IPRs' databases:


Name of the source	What information can I find?	Language
Search IP Databases	Database of patents and useful solutions, trademarks, industrial designs in Vietnam.	Vietnamese

Research related limitations and exceptions to IPRs:


Category of IP right	Type of limitation	Description	Relevant regulation
Patents/Utility models/Designs	Information not available
Patents/Utility models
Industrial Designs
Topographies of Semiconductor Products	Information not available
Trade Marks	Information not available
Copyright	Cases of use of published works where permission and payment of royalties and/or remunerations are not required:	Duplication of works by authors for scientific research or teaching purpose; Reasonable recitation of works for commentary or illustrative purpose; Recitation of works in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries; Recitation of works in schools for lecturing purpose not for commercial purpose; Reprographic reproduction of works by libraries for archival and research purpose; Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form; Audiovisual recording of performances for purpose of reporting current events or for teaching purpose; Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for purpose of presenting images of such works; Transcription of works into Braille or characters of other languages for the blind; Importation of copies of others’ works for personal use.	Law on Intellectual Property of 2005, Chapter 1, Section 2, Acticle 25

IP Office:


Name of the office	Scope of activities
National Office of Intellectual Property of Vietnam	Duties and comptentences include implementing legal documents, approved and promulgated strategies, master plans, programs, projects concerning intellectual property; building up forms, certificates, protection titles, regulations, standards concerning the establishment of industrial property rights and other intellectual property subject matters in compliance with legislation and submitting to the Minister to issue.
Copyright Office of Vietnam (Ministry of Culture, Sports and Tourism)	Copyright Office helps the Minister of Culture, Sports and Tourism in realizing the State management of copyright and related rights protection throughout the country under the Party's policies and the State's laws. Its tasks include granting, re-granting, changing, revoking the Certificates of Copyright Registration, Certificates of Related Rights Registration.

IP treaties & agreements:


Berne Convention	introduces minimum standard of copyright protection	yes
Paris Convention	establishes minimum standards of industrial property protection	yes
TRIPS		yes
WIPO conventions		yes
PCT		yes
EPC		no
Madrid Protocol	allows registration of trademarks via international route	yes
Hague Convention		no
UPOV		yes

Ownership rules:


Default (statutory) regime for the ownership	Investor of scientific and technological projects/ researcher
Default (statutory) regime for employee’s creations	Employer
Ownership of research results in publicly sponsored research	For projects 100% funded by the State's budget: all of derivative intellectual property will belong to the State; the authority offering sponsorship from the State's budget will be authorized to be the representative to set up the ownership and management of such intellectual property.
Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually	Decision No. 201/QĐ/ĐHQG-KHCN, Chapter II, Articles 4, 5, 6 ,7 - regulations on IP at Vietnam National University - Ho Chi Minh City (VNU - HCM) as follows: VNU - HCMC holds the rights of IP, copyrights and the right to transfer research works as regulated. VNU - HCMC's logo must be included in the trademark of products.
Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually	Direct authors hold the rights to name, publish and protect the completeness of their works (Law on Intellectual Property of 2005, Article 19) and the right to be remunerated for their works (Decision No. 201/QĐ/ĐHQG-KHCN, Article 9)
Related law (name & link)	Law on Intellectual Property of 2005 Law on Science and Technology of 2000, Article 26 para. 1

Dissemination rules:


Limitations on publication	In Vietnam, the results of scientific research are often "put aside", not being publicly published or shared with those interested in. One of the reasons is that the committee in charge of checking and taking over these results lack professional knowledge; therefore, they are afraid to be criticized.
Specific rules regarding publication of scientific results financed by public bodies	The right to publish full-text reports and abstracts of projects requires negotiations among the involved investors and confirmation in writing based on the basis of clauses regulating the transfer of the right from the Head of project in the project contract.
Non-disclosure clauses in research contracts	The right to publish and utilize non-disclosure information requires negotiation among the involved investors in writing, complying with statutory regulations on protecting the State's secrets. Participating parties of the project have an obligation to keep these secrets, not using or revealing them without prior approval in writing of the involved investors.

Specific incentives for innovation activities:


Related Law (name & Link)
Incentives provided by law for individual researchers	Individuals hold the right of author registration and other relevant rights to their research works.
Related Law (name & Link)	Law on Intellectual Property of 2005, Part 2, Chapter V, Article 49
Incentives provided by HEI for researcher

Form of commercialisation:


Form of commercialisation	Requirements regarding form of contract	Limitations for HEIs	HEIs Unit responsible for commercialisation	Related law (name & link)
Transfer, licencing of copyright, industrial property rights (except for geographical indications), plant varieties	Contract shall be in writing and contain all required information.	Information not available	For example, Department of Science & Techonology - Ho Chi Minh City	Law on Intellectual Property of 2005, Chapters IV, X and XV

Revenue sharing:


Remuneration/ Participation in revenues	Statutory rules regarding remuneration	Statutory rules regarding revenue sharing	Internal HEIs rules regarding revenue sharing	Related law (name & link)
Patent, useful solutions, copyright, industrial designs, plant seeds	No specific rule	No specific rule	For example, Decision No. 201/QĐ/ĐHQG-KHCN on establishing regulations on IP at VNU - HCMC, Chapter 3, Article 9.2: a. The product has a transfer value at less than 100 million VND: The author: 60%, presiding unit: 15%, the fund of science & technology: 25% b. The product has a transfer value from 100 million VND up to 1 billion VND: The author: 55%, presiding unit: 15%, the Fund of science & technology: 30% c. The product has a transfer value more than 1 billion VND: The author: 50%, presiding unit: 15%, the fund of science & techonology: 35%	Not available

Models of contracts used in R&D:


Type of contracts	Short description	Source (link)
The specific frame of model of contracts used in R&D is not currently available In Vietnam. It is basically the agreement between 2 sides, basing on regulations of Law. Case 1: Government is the investor while individuals or organizers submit plans/ outlines. If accepted, they will receive budgets from the Government. Case 2: Government or businesses will order individuals/ organizations to carry out the research.