Vietnam Further Relaxes Requirements on Foreign Filing Licenses for Patents under the 2025 Amendment to the Law on Intellectual Property

Following the relaxation of security control requirements for patents under the 2022 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property (the IP Law), the 2025 Law Amending and Supplementing a Number of Articles of the IP Law, effective from 1 April 2026, further relaxes the security control requirements for patents, specifically by no longer requiring an applicant to file the first domestic patent application before being permitted to file a corresponding patent application abroad. Instead of filing the first domestic patent application, where an invention/utility solution is subject to security control, the applicant now only needs to file a request for license to file a patent application abroad (foreign filing license) with the Ministry of National Defense or the Ministry of Public Security. In addition, the scope of inventions/utility solutions subject to foreign filing license has been narrowed, now applying only to inventions/utility solutions falling under the list of state secrets.

These amendments, in particular the removal of the requirement to file the first domestic patent application before filing a patent application abroad, represent significant progress, reducing the time, effort and cost for rights holders whose inventions/utility solutions are subject to security control but who have no need to file a patent application in Vietnam. Set out below is a summary of certain amendments relating to this requirement.

When an Application for Foreign Filing License Is Required

An invention/utility solution that has all of the following three elements:

(i) falls under the list of state secrets in technical fields affecting national defense or security;
(ii) is created in Vietnam; and
(iii) is subject to the right to register of an individual who is a Vietnamese citizen permanently residing in Vietnam, or of an organization established under Vietnamese law,

may only be filed for patent registration abroad after obtaining foreign filing license from the Ministry of National Defense or the Ministry of Public Security.

Mandatory Documents

An application for foreign filing license must include the following documents:

A request for foreign filing license, in the prescribed form;
A patent specification intended to be filed abroad;
A document confirming that the invention/utility solution constitutes a state secret in accordance with the law on protection of state secrets;
The original or a certified copy of the power of attorney (if filed through IP agent);
Other supporting documents for the application dossier (if any).

Processing Procedure and Timeline

Where the application is valid, the competent authority of the Ministry of National Defense or the Ministry of Public Security shall accept it and issue a receipt notice to the applicant.

Where the application lacks any of the mandatory documents, the competent authority shall refuse to accept it (for direct paper filing) or send a notice of refusal to accept it (for paper filing via courier).

The time limit for examining the application is no more than 30 days from the date of acceptance.

Where the application contains deficiencies or the information stated therein is incomplete, the applicant is allowed to amend, supplement or clarify the information stated in the application within 30 days from the date of the notice by the competent authority. Upon expiry of this time limit, if the applicant does not respond or its response is unjustified, the competent authority shall refuse the application for foreign filing license within 30 days from the expiry of the prescribed time limit.

The competent authority may consult experts in the technical field of the invention/utility solution during the examination process, if necessary.

Where the application is valid, based on an assessment of the risks to national defense and security, the competent authority shall issue a decision granting or refusing to grant a foreign filing license (clearly stating the reasons for any refusal). A decision granting a foreign filing license may be subject to conditions aimed at protecting state secrets, including restrictions on the scope of filing.

Certain Matters Requiring Specific Guidance

Regarding the requirement that an invention/utility solution “fall under the list of state secrets” (item (i) above): there are numerous “lists of state secrets” under the management of various ministries that may relate to a new technical solution of an enterprise, such as the Ministry of Science and Technology, the Ministry of Industry and Trade, the Ministry of National Defense, and the Ministry of Public Security, among others. Accordingly, more specific guidance is needed as to which “lists of state secrets” fall within the scope of this requirement.
Regarding the requirement that an invention//utility solution “fall within technical fields affecting national defense or security” (item (i) above): there is currently no specific guidance on which technical fields are considered to be technical fields affecting national defense or security. This will cause confusion for rights holders, and more specific guidance is therefore needed — for example, a list of technical fields affecting national defense or security should be issued by the Ministry of National Defense and the Ministry of Public Security specifically for this purpose.
Regarding the requirement that an invention/utility solution “be created in Vietnam” (item (ii) above): it also needs to be clarified whether the invention/utility solution must be created wholly or only partly in Vietnam. Previously, the Intellectual Property Office of Vietnam unofficially interpreted an invention/utility solution created partly in Vietnam as also being “created in Vietnam.” However, since applications for foreign filing licenses are now considered by the Ministry of National Defense and the Ministry of Public Security, specific written guidance from these ministries is needed to give applicants a clearer basis for application.
Under the applicable regulations, only an invention/utility solution considered to be a state secret is subject to foreign filing license procedure before being registered abroad. Accordingly, where there is doubt as to whether an invention/utility solution may be a state secret, the applicant must first submit a written request to the competent state authority to determine whether the invention/utility solution constitutes a state secret. Specific guidance on the procedure for requesting the competent state authority to determine whether an invention/utility solution constitutes a state secret is therefore needed.

Should you require further assistance regarding the above matter, please feel free to contact us at the following e-mail address: hanoi@duongtran.vn.