PCT NATIONAL PHASE ENTRY
Vietnam

Intellectual property ("IP") protection has rapidly evolved in Vietnam, especially in recent years as the country pursued membership in the World Trade Organization ("WTO"). This progress is a result of Vietnam aligning its legal framework with international standards during the accession process. Notable improvements in IP laws aim to encourage innovation, attract foreign investment, and promote fair competition on the global stage.

Vietnam became a member of the Patent Cooperation Treaty on March 10, 1993.

The major requirements and procedure to file a patent application in Vietnam are mentioned below:

The designated period for submitting a patent application in Vietnam under the framework of the Patent Cooperation Treaty (PCT) is 31 months from the earliest date of priority.

In Vietnam, the official language for filing patent application is Vietnamese. If the international application is in a different official language, providing a translation into Vietnamese is mandatory. This ensures accuracy and regulatory compliance, which make a seamless and trouble-free progression through the patenting procedures.

The timelimit for submitting a patent application to the late national phase entry can not be extended.

The essential documents required for filing a national phase application include:

• Power of Attorney: A crucial procedural requirement dictates that a plainly signed original POA must be promptly submitted within a brief one-month timeframe following the filing of the patent application in the jurisdiction.
• Priority Document:the imperative submission of the this paricular document is a critical requirement, mandated within a concise three-month window following the filing of a patent application in Vietnam. 
• Verified Vietnamese Translation
• Assignament Deed: In situations where the applicant is not the original inventor, an "Instrument of Assignment" is a concise legal document facilitating the transfer of intellectual property rights. 

No exemptions in cost are granted for the patent application when entering the national phase.

A patent can only be granted following a thorough substantive examination, a process that can be instigated at the request of either the applicant or a third party. This request, crucially, needs to be formally communicated in writing and must be submitted within 42 months from the priority date, specifically in the case of a patent application for an invention. It is essential to note that the request for examination holds significance only if the accompanying fee for examination has been duly paid.

Upon the successful granting of a patent, it becomes imperative to fulfill renewal fees for the continuous validity of the patent. The initial renewal fee must be settled within a specified timeframe, as stipulated in the notification accompanying the patent grant. Subsequent renewal fees for each following year are due within the final six months of the preceding year. Notably, any delay in payment during this period incurs a supplementary fee, equating to 10% of the renewal fee for each month overdue. It is crucial to highlight that, absent justifiable grounds for delay, the failure to remit renewal fee within six months from the expiration of the due period will result in the patent being deemed invalid.

In Vietnam, patents have a duration of 20 years starting. The option for extending the term of a patent is unavailable in Vietnam. Once a patent's term has been established, it cannot be extended through any formal provisions or mechanisms within the Vietnamese patent system.

The Global Innovation Index (GII) systematically evaluates the innovation capabilities of world economies by employing around 80 indicators, categorized into innovation inputs and outputs. The GII is designed to comprehensively measure the diverse dimensions of innovation. In the GII, Vietnam secures the 48th position out of the 132 economies assessed globally. Notably, within the subset of 36 lower-middle-income group economies, the nation impressively claims the 2nd rank, underscoring its notable innovation standing among economies with similar income levels. Additionally, it attains the 10th position among the 17 economies in the South East Asia, East Asia, and Oceania region, highlighting its significant role in driving innovation dynamics within this geographical area.