Tiếng Việt
中文 (中国)
The draft regulation on receipt of paper applications, issuance of application examination results and grant of industrial property protection certificates in Vietnam in 2022 has just been published. In this article, ASL LAW Firm will detail the important points of the draft regulation.
Subjects of application of the regulation
This Regulation guides the procedure for receiving applications filed or sent to the NOIP (National Office of Intellectual Property of Vietnam) in paper form. This Regulation applies to units and individuals assigned to perform the following tasks:
- Receive all kinds of:
- Applications and transaction documents related to the registration of industrial property;
- Applications related to the application for registration of industrial property;
- Applications related to industrial property protection certificates;
- Other types of applications.
- Issuing the results of the examination of the industrial property application after the examination has been completed;
- Issuing protection certificates for industrial property subjects;
- Conducting transactions with the applicant, persons with related rights and interests for the purpose of exchanging information and documents;
- Calculating charges and fees.
Transaction time with the IP agency in Vietnam
The receipt of various types of applications and related documents at the Application-Receiving Points shall be carried out as follows:
- Morning from 08h00′ to 11h00′;
- Afternoon from 13h00′ to 16h00′;
It should be noted that these periods are on working days.
The return of results of an appraisal of industrial property registration applications and other transactions shall be made according to the office hours of the NOIP:
- Morning from 08:00′ to 11:45′;
- Afternoon from 13h00′ to 17h00′.
For applications submitted by post, the transaction time is determined as follows:
- It is the date the application is delivered to the NOIP’s application receiving points if the application is delivered before the end of the transaction time in a working day.
- It is the next working day, if the application is delivered to the NOIP’s application receiving points after the end of the transaction time in the working day.
Receive application
Tasks in the application-receiving profession include the following:
- Receive applications from organizations/individuals.
- Categorize received applications.
- Assess the admissibility to make a conclusion whether to officially accept the application or not.
- Enter preliminary information about the application into the Application Number System and apply for an application number.
- Processing officially received applications.
- Identify the Unit/Department with the next processing function and task and transfer the application to that location.
Issuance of application examination results
Every day, the Registration Office is responsible for printing all kinds of official documents, notices, and decisions related to the appraisal process of industrial property registration applications in the application administration system, taking stamps at the Bureau’s Office, and sending the results back to the applicant.
The application examination results are returned to the applicant (signed and forwarded) in the following manner:
- The Registration Office delivers directly to the applicant at the Department’s headquarters at the request of the applicant; or
- The Bureau’s office sends by post to Representative Offices for direct delivery to applicants at Representative Offices at the applicant’s request; or
- The Bureau’s office sends by post to the applicant if the applicant does not request to receive it in person at the headquarters of the Department or at the representative offices.
Issuing a protection certificate
When receiving applications for industrial property registration that have been appraised and transferred by the Appraisal Units to the Registration Office to carry out the procedures for granting protection certificates, the officers assigned to receive them must perform the following tasks:
- Checking application dossiers: the receiving officer must check and verify that the application dossier contains all documents and signatures of the appraiser, the unit leader, and the head of the Department. In case the application is found to be insufficient with the above-mentioned elements, it must be returned to the corresponding appraisal unit. The application documents that have enough elements to grant the protection certificate will be entered into the application administration system.
- Monitoring charges and fees for granting protection certificates: The payment of fees and charges for granting protection certificates must be carefully checked.
- Issuance of a protection certificate: The protection certificate is granted based on the results of the application examination shown in the Appraisal Report prepared by the Appraiser (with full signatures of the Appraiser, Unit Leaders, and head of the Department), application data in paper records and application data in the application administration system.
ASL LAW is the top tier Vietnam IP Law Firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
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