Duong & Tran Intellectual Property

Specialized in the field of intellectual property

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Vietnam

Decree No. 293/2026/ND-CP Guiding the Implementation of the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention)

On 31 December 2025, Vietnam’s instrument of accession to the Hague Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention – the Convention) was deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands – the Depositary of the Convention – and notified to the Contracting States. Under this arrangement, the Apostille Convention will officially take effect for Vietnam and will apply between Vietnam and the Contracting States that have accepted this accession as from 11 September 2026. To guide the implementation of the Convention, the Government issued Decree No. 293/2026/ND-CP dated 23 July 2026, which takes effect in Vietnam as from 11 September 2026. This Decree clearly provides that a public document of a Contracting State having accession relations with Vietnam which has been issued an Apostille certificate by the competent authority of that Contracting State shall be exempt from consular legalisation and may be used in Vietnam without any further certification procedure under the relevant law. Agencies and organizations in Vietnam may not require any further consular certification or consular legalisation procedure for a public document that has already been issued a valid Apostille certificate.

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Vietnam

How to Accelerate the Examination of Patent Applications in Vietnam

The 2025 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property (the IP Law), effective from 1 April 2026, allows an applicant to request expedited substantive examination of a Vietnamese patent application where certain conditions prescribed by the Government are satisfied. In addition, on 31 March 2026, the Ministry of Science and Technology (MOST) issued Circular No. 10/2026/TT-BKHCN, effective from 1 April 2026, with substantive amendment on the mechanism of using search and examination results of corresponding foreign patent applications to expedite the examination of Vietnamese patent applications. Furthermore, the ASEAN Patent Examination Co-operation Plus (ASPEC+) program was officially launched on 6 April 2026. With the addition and revision of the mechanisms, applicants now have more options to expedite the examination of patent applications in Vietnam. Below is a summary of the options.

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Vietnam

Accelerate the Examination of Vietnamese Patent Applications by Using Search and Examination Results of Corresponding Foreign Patent Applications

The 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property (the IP Law) introduced a provision allowing the Intellectual Property Office of Vietnam (IPVN) to use search results and substantive examination results of a patent application issued by a foreign patent office in the course of substantive examination of the corresponding patent application in Vietnam. Article 16.9 of Circular No. 23/2023/TT-BKHCN (Circular 23) guided the implementation of this provision of the IP Law as follows: substantive examination results of a foreign patent office used by IPVN in the course of substantive examination of a Vietnamese patent application (foreign results) must be issued by an authority included in a list approved by the Minister of Science and Technology (MOST) upon the proposal of IPVN. However, from the effective date of Circular 23 until now, MOST has not issued the list of foreign patent offices whose examination results IPVN may use. As a result, this provision has not been effectively applied in practice since it took effect. On 31 March 2026, MOST issued Circular No. 10/2026/TT-BKHCN, effective from 1 April 2026 (Circular 10), replacing Circular 23, which substantially amended the above provision, specifically providing that foreign results must be issued by a national or regional intellectual property authority recognized as an International Searching Authority or International Preliminary Examining Authority under the PCT. With this amendment, this provision can now be applied conveniently in practice.