Vietnam's National Assembly Advances Amendments to Intellectual Property Law to Streamline Registration and Rights Management

On September 24, during the 6th session, the Standing Committee of Vietnam's National Assembly reviewed the draft Law amending and supplementing several articles of the Law on Intellectual Property. Deputy Prime Minister Ho Quoc Dung emphasized that the Government's objective with these amendments is to create maximum convenience for the registration, establishment, and exploitation of intellectual property rights.

Deputy Prime Minister Ho Quoc Dung provided explanations and addressed concerns raised by members of the National Assembly Standing Committee regarding the draft law.

Deputy Minister of Science and Technology Hoang Minh noted that the draft law was developed to institutionalize the Party's resolutions, including Resolution Nos. 27, 57, 66, and 68, which focus on reducing administrative procedures and business conditions, streamlining government apparatus, and promoting science, technology, and innovation.

Key provisions of the draft law include simplifying administrative procedures, reducing business conditions, and facilitating the registration and establishment of intellectual property rights. Notably, the draft abolishes the requirement to register contracts for the transfer of industrial property rights and plant variety rights. Changes to certificate holder information due to rights transfers will be processed through certificate amendment procedures.

The draft law also removes business conditions for intellectual property appraisal services, reflecting changes in the Investment Law that exclude these services from conditional investment and business sectors. Consequently, no conditions will be imposed on appraisal organizations and individuals within the law; instead, obligations and procedures will be detailed in sub-laws to guide management, inspection, and supervision.

Additionally, the draft omits detailed regulations on documentation and procedures for establishing rights to plant varieties, delegating the Government to issue detailed regulations to ensure consistency with industrial property rights regulations.

Overall, the draft law proposes abolishing 18 administrative procedures and reducing five business conditions. Specifically, it eliminates five business conditions related to intellectual property appraisal services—one for organizations and four for individuals. It also reduces 16 procedures concerning the issuance, re-issuance, and revocation of certificates for appraisal organizations and appraiser cards, along with two procedures related to registering contracts for transferring industrial property and plant variety rights.

Phan Chí Hiếu, Chairman of the Committee on Law and Justice, affirmed that the Standing Committee broadly agrees with the necessity and scope of amendments to 18 articles out of the current 222 in the Intellectual Property Law. The drafting process complied with legal requirements, and the draft law dossier was prepared thoroughly, meeting submission standards for the National Assembly Standing Committee's review.

The Law and Justice Committee found the draft law's content appropriate and consistent with the Party's policies and directives on advancing science and technology, innovation, digital transformation, decentralization, and administrative reform. The draft also aligns with national defense, security, ethnic policies, and gender equality considerations.

The Committee requested further refinement to fully institutionalize the Party's guidelines, particularly Conclusion No. 51-KL/TW of the Politburo, which calls for a modern, synchronous intellectual property framework adapted to the digital economy. It also urged a comprehensive review to avoid conflicts or overlaps with Vietnam's international intellectual property commitments, including the International Convention on the Protection of New Plant Varieties (UPOV Convention).

The draft law was found to meet constitutional and legal consistency requirements. The Committee advised reviewing related laws, especially those governing plant variety rights under the Law on Crop Production, to prevent regulatory conflicts.

Deputy Prime Minister Ho Quoc Dung reiterated the Government's agreement on the amendment scope, focusing on three main areas: simplifying administrative procedures, reducing conditional business sectors, and unifying state management of plant varieties. The latter involves transferring management from the Ministry of Agriculture and Environment to the Ministry of Science and Technology to better integrate plant variety protection with scientific innovation and commercialization, consistent with international practices.

The Government will continue reviewing and amending the draft law based on feedback from the National Assembly Standing Committee.

Deputy Speaker Nguyen Khac Dinh concluded the discussion by expressing the Standing Committee's support for the amendment scope and praising the Ministry of Science and Technology's diligent preparation of the draft law. The Law and Justice Committee collaborated actively with relevant agencies to conduct thorough reviews and provide well-founded recommendations.

Following the session, the Vice Chairman of the National Assembly instructed the Ministry of Science and Technology to assist the Government in finalizing the draft law for submission to the National Assembly. The Ministry is also tasked with ensuring consistency across related laws and synchronizing implementing regulations to facilitate feasible adjustments. Further comprehensive amendments are planned for an appropriate future time.

The Committee on Law and Justice finalized its review report based on the Government's complete draft and requested coordination with relevant agencies to distribute documents to National Assembly deputies as required.