UPDATED- Recent IP changes at the Intellectual Property Office of Vietnam in relation to representatives of applicants/owners

Concerning the issue of signatories on behalf of corporate applicants/owners before the IP Vietnam, on 23 November 2020, the IP Vietnam did issue Notification No. 13822/TB-SHTT regulating that documents issued by corporate applicants/owners must be signed by their Chairman of Board of Members, Chairman of Board of Management, President, Director, General Director. If the signatories do not bear those titles, evidence of authorization granted to such signatories must be submitted.

 However, on 14 July 2021, the IP Vietnam issued Notification No. 6959/TB-SHTT (“Notification 6959”) loosening the above strict requirements in the covid-19 situation. Briefly, according to Notification 6959, the signatories on behalf of the applicants/owners before the IP Vietnam are certified by their own signatures and the company seals (if any). The signatories shall take full responsibility before the applicants/owners and under the laws. For details, please see the attached Notification 6959 and English translation thereof.

Notification 6959 takes effect as from 14 July 2021 and applies to all procedures before the IP Vietnam, including those commenced before 14 July 2021.

As such, it can be interpreted that almost all requirements set forth under Notification 13822 are now lifted. As a result, the applicants/owners no longer need to provide any documents proving authorization granted to the signatories to sign on behalf of the applicants/owners in any documents submitted to the IP Vietnam.

We will keep you updated, should the IP Vietnam make any further guidance or interpretation concerning this issue in particular, and its practice in general.




Legal News June 2021

In addition to other resources, Legal News are updated monthly by Vision & Associates in both English and Vietnamese, with a view to providing a wide network of our clients and business partners with a prominent and updated legal changes and development in Vietnam. Our Legal News relate mainly to foreign investment, trading, import and export, taxation, finance and banking, labour, and other relevant issues. The news of the recent year are shown below.




Legal News May 2021

In addition to other resources, Legal News are updated monthly by Vision & Associates in both English and Vietnamese, with a view to providing a wide network of our clients and business partners with a prominent and updated legal changes and development in Vietnam. Our Legal News relate mainly to foreign investment, trading, import and export, taxation, finance and banking, labour, and other relevant issues. The news of the recent year are shown below.




Legal Alert May 2021

V&A would like to update your Esteemed Company on certain newly-issued guidance relating to foreign-invested enterprises’ community.

New guidance on intra-corporate transferees being foreign citizens issued by Ministry of Labour, War Invalids and Social Affairs:

Though an offshore parent company sends its employee being foreign citizen to work at a branch or representative office of a subsidiary established by this very parent company, there is no way for foreigner to be considered an intra-corporate transferee. Thus, there is no chance for this foreigner to be considered as being exempted from work permit.

For the avoidance of doubt, under Decree No. 152/2020/ND-CP dated 30 December 2020, if a foreign enterprise (the parent company), which has established a commercial presence in Vietnam, sends an employee (i.e. a manager, executive director, expert or technician who was employed by this foreign enterprise at least 12 consecutive months prior to such secondment) to work at its commercial presence in Vietnam (the subsidiary), such employee shall be exempted from work permit if the subsidiary’s business lines fall within 11 sectors in the schedule of commitments in services between Vietnam and World Trade Organization (WTO), including: business services, communication services, construction services, distribution services, educational services, environmental services, financial services, health services, tourism services, recreational and cultural services, and transport services.