Foreign-owned companies (often called as FDI companies) in Vietnam can invest in new project during their operation, for example: contribute capital to establish a new company; purchase shares, capital contributions in other companies; sign BBC contracts. Depending on the foreign ownership, the procedures applied to each case may be different. Viet An Law Firm collects and provides some basic information as follows:
Cases in which FDI companies having new project shall apply for Investment Registration Certificate:
An application for Investment Registration Certificate includes:
Submit the application at:
The Department of Planning and Investment.
The process: Within 15 days from the receipt date of the valid application, the Department of Planning and Investment will grant the Investment Registration Certificate. If the Department of Planning and Investment refuse to grant, they will respond in notices and explain the reasons.
Other FDI companies shall not apply for Investment Registration Certificate but perform report the project, using the Form No. I.13 in Circular No. 16/2015/TT-BKHĐT. Report shall contain: name of the project, investment objective, investment scale, investment capital, place, duration, investment schedule, labor demand and investment incentives (if any).
Besides that, a FDI company may adjust the business registration information at Business Registration Office without forming new investment project. Supplement of business sectors of foreign-owned company shall comply with conditions applied to foreign investors (if any).
The validity of a patent may be suspended if the patentee declares in writing abandonment of the design patent or fails to pay the prescribed renewal fee within the time limits as regulated.
When the design patent validity is suspended, the patent rights will be terminated from suspension of the design patent.
5 years from the validity date of design patents. In case the rights to the design patents have been established in bad faith, the time limit is the whole duration of dseign patent protection.
The following acts, committed without the consent from a patent holder, shall constitute a patent infringement:
(i) manufacturing products using a patented design;
(ii) using, importing, advertising or circulating products that have been manufactured using a patented design.
Yes. If independent usage of an industrial design identical with a design under a published industrial design application is taken place prior to the filing date by any person or legal entity (prior user), after the registration of this industrial design, the prior user is entitled to continue using the industrial design without extension and transferring the right to use to others
The scope of design protection includes any design having a set of main features that is identical to or is not substantially different from the same of the protected design.
When substantive examination of the application is requested, the Vietnamese translations of
annexes to the international preliminary examination report (Form PCT/ISA/237 or
PCT/IPEA/409) must be submitted.