Reduction and Simplification of Administrative Procedures and Business Conditions in the Field of Intellectual Property under Resolution No. 66.18/2026/NQ-CP

On 18 May 2026, the Government issued Resolution No. 66.18/2026/NQ-CP, effective from 1 July 2026 until the end of 28 February 2027, on the delegation of jurisdiction, reduction and simplification of administrative procedures and business conditions (Resolution 66.18). This Resolution is intended to implement the State’s policy on reducing and simplifying administrative procedures and business conditions in order to create more favorable conditions for the people and other subjects engaged in business and administrative activities in Vietnam.

Following the issuance of this Resolution, specialized laws, including the Law on Intellectual Property (IP Law), and their guiding documents will also need to be amended accordingly to implement the contents of the Resolution.

Certain IP-Related Contents of Resolution 66.18

• Reduction of Business Conditions

The Resolution has abolished the business conditions applicable to IP assessment services (applicable to organizations) and the conditions applicable to industrial property assessment experts and assessment experts for plant variety rights.

• For individuals: previously, an individual was required to be issued an assessment expert card before being permitted to practice assessment in the field of industrial property or assessment of plant variety rights. Resolution 66.18 has now removed these requirements for assessment experts in the field of industrial property and assessment experts for plant variety rights, such that an individual is no longer required to be issued an assessment card before being permitted to carry out assessment activities. However, Resolution 66.18 retains the requirement for the field of copyright and related rights. Accordingly, an individual must still be issued an assessment expert card in order to be qualified as an assessment expert in the field of copyright and related rights.
• For organizations: previously, an IP assessment organization was required to have at least one individual holding an IP assessment expert card. Resolution 66.18 has removed this requirement for assessment in the field of industrial property and assessment of plant variety rights. However, Resolution 66.18 retains the requirement for the field of copyright and related rights, specifically that an organization providing assessment services for copyright and related rights must still have at least one individual holding an assessment expert card in the field of copyright and related rights before being permitted to carry out assessment activities relating to copyright and related rights. Nevertheless, Resolution 66.18 has abolished the procedure for issuance of a certificate of assessment organization for copyright and related rights. Accordingly, an organization engaged in the practice of assessment in the field of copyright and related rights is no longer required to apply for a certificate of assessment organization for copyright and related rights. Instead, an organization providing assessment services in the field of copyright and related rights only needs to submit a notification of its operation to the competent authority under the Ministry of Culture, Sports and Tourism.

However, the Resolution still retains certain regulations applicable to assessment of industrial property and assessment of plant variety rights, such as:

• Individuals belonging to a foreign law practice organization practicing in Vietnam may not engage in assessment practice. The Resolution does not clearly specify whether a foreign law practice organization practicing in Vietnam is permitted to provide assessment services for industrial property and assessment services for plant variety rights.
• One of the principles of assessment is that assessment may only be carried out where the assessor possesses the requisite knowledge and professional expertise in the field for which assessment is requested. However, the Resolution has not yet clarified the specific scope of the “field for which assessment is requested” — for example, whether “field” refers to the field of patents, industrial designs, or trademarks, etc., or whether there are specific requirements as to a particular technical “field”, such as chemistry, biology or mechanics, etc., when conducting assessment of a patent;
• An assessment expert must decline to conduct an assessment where the law requires such refusal, such as where the assessment expert has rights or interests related to the subject matter of the assessment or the matter requiring assessment, or where there are other reasons affecting the objectivity of the assessment conclusion, etc.

• Reduction and Simplification of Administrative Procedures
  • Abolition of the procedure for registration of an industrial property assignment contract. This procedure is now carried out together with the procedure for amendment of the protection title (patent/certificate);
  • Abolition of procedures relating to industrial property assessment and plant variety rights assessment, as a result of the reduction of business conditions for assessment services with respect to these two subject matters as mentioned above. Examples include the abolition of procedures for issuance, re-issuance and revocation of assessment expert cards and certificates of assessment organization, the procedure for recognition of training establishments for industrial property assessment operations and plant variety rights assessment operations, and the procedures for examination of industrial property assessment operations and plant variety rights assessment operations.

Next Steps

The IP Law will need to be amended to align with the provisions on the reduction and simplification of administrative procedures and business conditions in the field of IP under Resolution 66.18 as mentioned above. A draft Law amending the IP Law has been released and is currently circulated for comment by experts in the field before being submitted to the National Assembly for approval. It is hoped that certain unclear points in Resolution 66.18 as mentioned above will be clarified in the Law amending the IP Law once it is officially adopted.

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