---
title: Overview of Vietnam’s design system | EVORIX
description: A detailed explanation of Vietnam's design system and its practical points. We provide useful information for Japanese companies.
---

[evorix blog](https://www.evorix.jp/en/blog)

# [Overview of Vietnam’s design system | EVORIX](https://www.evorix.jp/en/blog/ベトナムの意匠制度概要)

 Written by 弁理士 杉浦健文 | 2026/05/23

Vietnam's design system (industrial design system) is regulated by the Intellectual Property Law enacted in 2005 (including subsequent amendments), and is protected as an "industrial design patent", which is equivalent to Japanese design rights. Below, we have summarized the main points of the design system in Vietnam and practical points to keep in mind for intellectual property managers and patent attorneys at Japanese companies.

## Registration requirements (novelty, creativity, industrial applicability)

To be protected as a design in Vietnam, three requirements must be met: **novelty**, **creativity** (not easy to create), and **industrial applicability**.

- **Novelty**: Requires that no identical or similar design exists in the public domain anywhere in the world before the filing or priority date. Specifically, the design must be significantly different from any design that has been made public in any way, such as the use of the product or the description in publications (Article 65, Paragraph 1 of the Intellectual Property Law). It should be noted that if the difference from other designs is difficult to distinguish at first glance, or if the design itself lacks originality, it will not be recognized as novel and will not be registered. In addition, as a condition for it to be considered "not made public," it is not considered to be publicly known if it is only known to a limited number of people under an obligation of confidentiality.
- **Creativity (not easily inventive)**: Based on the design that was publicly known at the time of filing or prior to the priority date, it is required that the design has creative features that cannot be easily devised by a person skilled in the art (a person with average knowledge in the field). This corresponds to the difficulty of creation under Japanese design law, and requires uniqueness that is not simply a collection or imitation of conventional designs.
- **Industrial applicability**: **It must be possible to mass produce it by industrial or handicraft means**. In other words, a design is deemed to be industrially applicable if it can be repeatedly produced industrially. In addition, the law clearly states that designs consisting only of shapes that are necessarily determined by the functionality of a product, the appearance of buildings, and shapes that are not visible from the outside during use cannot be protected as designs.

If the above requirements are met, the design application will be approved for registration after a substantive examination (Vietnam has an examination system in which both formal and substantive examinations are conducted for designs). In particular, standards regarding novelty and originality are similar to those in Japan, but there are differences regarding **protection of partial designs**. **Partial designs (protection of only a part of the shape of a product) have not been recognized in Vietnam**, and designs are registered as the appearance of the entire finished product (partial claims by dashed lines in drawings are not allowed; see below). However, the revised Intellectual Property Law in 2022 stipulates that the "appearance of the parts that make up a product or composite product" is also included in the definition of an industrial design, creating the possibility that in the future, parts of composite products themselves will also be recognized as subject to design registration. In practice, it is still unacceptable to indicate unclaimed parts using broken lines, but if you want to protect a partial design, you need to devise ways to express the part itself as a separate product.

## Application procedures (required documents, language, applicant qualifications, etc.)

**The basic flow of the application procedure** is generally similar to the Japanese system, and consists of application (formal examination) → publication → substantive examination → registration. The documents and information required for application and points to note regarding the procedure are as follows.

- **Required documents**: Prepare an application (in the prescribed format), a drawing or photograph of the design (see drawing requirements below), a description of the design (describing the shape, pattern, color, etc. of the design and the name of the article), and information on the applicant and creator. Additionally, if you wish to claim priority under the Paris Convention, you will need a**priority document**. Pay the prescribed application fee at the time of application, and if it is accepted, the application will proceed to formality examination.
- **Language requirements**: **In principle, application documents must be prepared and submitted in Vietnamese**. Application forms, design descriptions, drawing descriptions, etc. must all be written in Vietnamese. However, **attachments such as power of attorney and priority certificate can be submitted in languages ​​other than Vietnamese**, and translations may be requested if necessary. In some cases, a standard power of attorney format prepared by a local agent must be prepared in English and submitted for signature (see below).
- **Applicant qualifications**: The applicant is the creator (inventor) of the design, or his/her employer/client (such as a company in the case of a work design). Foreign companies and foreigners can also apply, but **Foreign individuals and corporations that do not have a residence or business base in Vietnam must apply through a local intellectual property agent (patent attorney, etc.). This is based on local law (Article 89 of the Intellectual Property Law), and Japanese companies cannot directly apply to the Vietnam Intellectual Property Office, but must appoint a Vietnamese agent to handle the procedure.**
- ****Flow from application to registration**: After filing, a formality examination is first carried out, and if there are no deficiencies, the application will be published in the official gazette approximately two months after application (application publication). From publication to registration assessment, third parties can submit written opinions (opinion submission system, not formal objection system). After publication, a substantive examination will be conducted, and if the registration requirements such as novelty and originality are met, the application will be approved for registration. In recent years, it has been reported that the average examination period from application to registration is approximately 1 to 2 years in practice (varies depending on the case). At the time of registration, a registration fee is paid and a design registration certificate (certificate) is issued.**
- **Priority claim**: If you wish to claim priority under the Paris Convention, you must file a Vietnam application within **six months from the earliest filing date**. The deadline for submitting priority documents (priority application gazette, application receipt, etc.) is set as <3 months from the filing date> and cannot be extended. In addition, if the priority applicant and the Vietnamese applicant are different, documents proving the succession of rights (such as a deed of assignment) must also be submitted. Since the provision of electronic priority certificates through the Digital Access System (DAS) is currently not available in Vietnam, we will be operating **submitting original paper priority certificates**.
- **Other practical points**: It is necessary to use the Locarno classification as the **classification** of a design application, and the classification of the applicable design (Class XX) must be stated in the application. If the applicant does not indicate the classification, the IP Office will perform the classification work and charge a fee for the classification. In addition, the principle is **one application for one design**, but if multiple designs constitute a "set product" (e.g. a set of teacups and saucers) or "variations (embodiments) of designs that are very similar to each other", it is permissible to combine them into one application. Under the **unity of design requirement** stipulated by Vietnamese law, only identical or similar designs can be included in one application; for example, variations that have most of the same shape but differ only in details can be included in one application. On the other hand, please note that multiple designs that have significantly different forms even if they have the same Locarno classification will need to be divided.

## Drawing requirements

**Requirements for submission of drawings (or photographs)** are very important and will directly affect the success or failure of your Vietnam application. Since the drawings are the only clue for the examiner to understand the contents of the design, it is necessary to prepare clear drawings that meet the following criteria.

- **Type and number of basic drawings**: **Normally, 7-sided drawings** are submitted. Specifically, there are seven basic views: the front, back, left side, right side, top, bottom, and perspective view (three-dimensional view) of the product. It is necessary to show the appearance of the product from all directions, including perspective views. In a symmetrical design, if one side is the same as the other, or if the front and back sides are the same, it is permissible to omit one of the figures. In addition, it is possible to omit the **bottom view** if the bottom surface of a large or heavy object is substantially flat and not normally visible. However, even if this is omitted, it is assumed that the main parts of the design are disclosed in all drawings.
- **Drawing quality and format**: Submit drawings with clear lines and high contrast. Photographs should be taken on **a plain, uniform background** so details can be easily seen. The scale must be the same and consistent across multiple drawings. Drawings should preferably be accurately drawn using CAD, etc., or high-resolution photographs, rather than hand-drawn. If the drawings are unclear in light of the screening criteria, you may be asked to make corrections.
- **Illustration of partial design**: As mentioned above, **indication of non-claimed parts using broken lines (dotted lines) is not permitted**. Therefore, if a drawing with broken lines as a partial design applied in a Japanese application is used as is in Vietnam, there is a risk that the application will not be accepted. If you want to protect a part, you need to draw only that part as an independent product, or draw it only with solid lines, and then clearly state the scope of your rights in the instructions (for example, state that "the part shown in solid lines is the part for which you are seeking design registration"). In addition, the Vietnam Intellectual Property Office may request the submission of "drawings showing the state in which it is assembled into the product (assembled drawing)" as necessary for **set designs and designs for parts of composite products**. Complex part designs may require supporting drawings to explain where the part will be used in the final product.
- **Additional views**: If the basic 7-view drawings cannot adequately express the shape, it is permitted to submit additional views such as **enlarged views, sectional views, developed views**, etc. For example, if a design is characterized by a very detailed pattern or internal structure, attaching an enlarged view or cross-sectional view of that part can help the examiner's understanding.
- **Availability of photo submission**: In Vietnam, **photo submission** is also possible. In the case of three-dimensional objects, if CAD drawings are not available, high-quality photographs are also acceptable. However, as mentioned above, the background should be plain and adjusted so that the outline of the product can be clearly seen. The examiner generally does not instruct you to redraw the drawings after submission, so it is important to prepare drawings with a high degree of completion at the initial submission stage.
- **Two-dimensional designs**: **Flat designs (2D designs) such as patterns and color patterns are also subject to protection**. In that case, we will submit a developed drawing of the pattern or a drawing of the pattern itself. In the case of repeating patterns such as fabric patterns, it is possible to use a diagram showing one unit.

As mentioned above, **Drawing requirements are strict**, so please be careful to comply with Vietnamese standards when reusing Japanese design drawings. It is important to consult with a local representative as necessary and consider the optimal drawing configuration.

## Exception for loss of novelty

Vietnamese Intellectual Property Law provides **exceptional provisions for loss of novelty** regarding publication before filing. If the publication falls under certain cases, such as unauthorized publication by another person or presentation at an academic conference or exhibit at an exhibition by the applicant, an exception to the loss of novelty will be granted if the application is filed within 6 months after publication. Specifically, there are three situations:

1. **Unauthorized publication**: When the design is published by a third party without the consent of the application right holder (creator or his/her successor). For example, in cases where a product design has been plagiarized and published without permission before the application is filed, the loss of novelty exception applies from the perspective of redressing damages.
2. **Academic publication**: When the applicant publishes the design in the form of a**scientific report** such as a conference or a paper. If the technical or academic significance of the design has been announced, an application can be submitted within six months as an exception to the loss of novelty.
3. **Exhibition at an official exhibition**: When the applicant exhibits the design at a**national exhibition** in Vietnam or an officially recognized international exhibition. For example, this applies to public disclosures when exhibiting new products at officially recognized international trade fairs. This is similar to the publication exception (so-called "exception period") in the Japanese design system, and protection is provided only if it is exhibited at an official or authorized exhibition.

In any of the above cases, the condition is that the application must be filed **within 6 months of publication**. This six-month grace period is the same period as the priority period under the Paris Convention, but it is a remedy under domestic law that is separate from priority rights. Therefore, if the application is filed directly in Vietnam without claiming priority, the novelty will not be lost if the application is filed within 6 months from its publication. Please note that detailed points such as the scope of an "officially recognized international exhibition" are defined by law, so if you hold such a public exhibition, it is best to consult with a local representative in advance.

## Protection period

The duration of design rights in Vietnam is **up to 15 years**. Specifically, the protection period is for the first five years starting from the filing date, and can be renewed up to two times every five years, extending the protection period up to a total of 15 years from the filing date. This differs from Japan (20 years from the date of registration, no renewal), in that the period can be extended by paying a renewal registration fee.

- **Starting date**: A design right becomes effective from the date of registration, but the expiration date of the protection period is stipulated as five years after the filing date (Article 93, Paragraph 4 of the Intellectual Property Law). For example, even if you applied on January 1, 2018 and were granted registration on January 1, 2020, the initial protection period will be until December 31, 2023 (5 years from the application date). It should be noted that the effective term of rights will be shortened to the extent that the examination takes time.
- **Renewal procedure**: By filing a **renewal application** (application for extension of the term) before the expiry of the initial five years, an additional five-year extension will be granted. Renewal**up to two**times is possible, with the first renewal up to the 10th year and the second renewal up to the 15th year. Renewal procedures can be accepted from 6 months before the expiration of each protection period, and even if there is a slight delay, there is a grace period within 6 months, in which case it can be renewed by paying an additional fee of 10% each month. Rights expire after the grace period, so it is important to manage deadlines.
- **Maintenance pension**: There is no pension system for designs in Vietnam like that for patents, and a prescribed renewal fee must be paid at the time of renewal. If you do not renew, the right will expire at the expiration of the term, and the exclusive right to the design will no longer arise.

Please note that from 2020 to 2024, the Vietnamese government took measures to temporarily reduce fees for intellectual property rights for reasons such as countermeasures against the new coronavirus, but **from January 1, 2025, fees will return to normal fees** (for details, see the section on the reduction/exemption system below). Therefore, as of 2025, renewal fees for design rights are also the normal amount. Strategies for maintaining rights for as long as necessary are also considered, taking into consideration the costs associated with maintaining rights over the long term.

## Efficacy of design rights and responses to infringement (civil, administrative, criminal)

**The effect of a design right** is that the owner of a registered design (design right holder) has exclusive rights against third parties who use the registered design or a design that is confusingly similar to it as a business without permission. Specifically, actions such as manufacturing, selling, distributing, importing/exporting, advertising, offering to sell, and storing products that use a registered design can be prohibited without the permission of the right holder. In addition to the right to use the design themselves (manufacturing, sales, etc.), a design right holder also has the right to license the design to a third party or transfer the design right itself. Although there are many things in common with Japan regarding the content of rights and standards for determining infringement, such as the similarity of important parts of designs, there are also practices unique to Vietnam.

**In Vietnam, the two main remedies for infringement of design rights are **civil proceedings** and **administrative measures** (criminal penalties will be discussed later). This is stipulated by Articles 198 and 199 of the Intellectual Property Law, and civil or administrative procedures can be selected depending on the nature and severity of the infringement. In practice, each has the following characteristics:** 

**- **Response through administrative measures**: A major feature of Vietnam is that it has a well-developed**administrative remedy system** for intellectual property infringement. Rights holders can file a complaint for infringement investigation and crackdown with**administrative enforcement agencies such as the Market Surveillance, the Inspection Bureau of the Intellectual Property Office under the Ministry of Science and Technology, or public security authorities. Through the administrative route, you can expect measures such as the suspension or seizure of infringing goods, the confiscation and disposal of inventory, business suspension orders, and the imposition of fines on violators. For example, if a malicious counterfeit product is on the market, it can be quickly stopped through inspections and market control by administrative authorities. There are also provisions for high fines of up to VND 250 million (approximately 11,100 USD) for individuals and VND 500 million (approximately USD 22,000) for corporations. However, administrative measures cannot directly obtain compensation for damages (civil compensation) for rights holders\] (imposed fines are paid to the national treasury). Nevertheless, the reality is that many design infringement cases are resolved through administrative measures, as the procedures are relatively simple and quick (usually taking action within 1 to 3 months) and are less costly than litigation. Particularly in the current situation where specialized intellectual property courts are underdeveloped, some believe that enforcement by skilled administrative officials is more effective.**
- ****Response through civil litigation**: A design right holder can file a civil lawsuit and obtain **an injunction against infringement or an order for damages**from the court. Under the civil route, the infringer can be ordered to pay compensation based on the actual amount of damages. Although Vietnamese courts do not legally set a maximum limit on the amount of damages, the rights holder must prove the actual damages (reduced sales, lost profits, investigation costs, etc.). However, the operation of intellectual property litigation in general is still in its infancy, and it is difficult to obtain sufficient results in litigation due to the lack of specialized judges and the high hurdles of proof. In fact, there are many cases in which only a small nominal amount of compensation is awarded without being able to prove the damage suffered, and it has been pointed out that the benefits obtained are small compared to the effort and expense involved. Therefore, as a means of enforcing rights, it is common to first consider administrative measures and, if necessary, to additionally pursue civil litigation. In addition, there is no such thing as an intellectual property high court that specializes in design infringement in Vietnam, and the civil divisions of local people's courts have jurisdiction.**

**As mentioned above, when exercising design rights in Vietnam, **utilizing the administrative route** is the main focus. It is a good idea to first consult with a local IP lawyer or consultant and choose the most appropriate enforcement method. Preservation of evidence of infringement and preliminary investigation are also important processes. It should also be noted that after a design application has been published, certain rights are granted as **provisional protection** even before registration. According to Article 131 of the Intellectual Property Law, if a third party uses the design for commercial purposes after publication, the applicant may be able to notify the applicant and claim a reasonable amount of compensation after the patent is granted. Although this is not often the case in practice, this provision should be considered if the product has been imitated even before the patent was granted.

## International application (relationship with the Hague Agreement)

Vietnam became a party to the Hague International Design Registration System on December 30, 2019, when the Hague Agreement (Geneva Amendment) came into effect. This allows companies from member countries, including Japan, to designate Vietnam and file design applications via The Hague. We will organize **the relationship between international applications and domestic applications in Vietnam** and points to keep in mind.**

**## Reduction system/power of attorney requirements

Finally, we will explain whether there is a **fee reduction/exemption system** for applications and maintenance of rights, and the requirements for a power of attorney (POA) required for procedural representation.**

**The above is an overview of the main points of the design system in Vietnam. Finally, we present a **comparison table** that concisely summarizes the above contents.

## Main points of Vietnam design system (comparison table)

The table below summarizes the main points of Vietnam's design system explained in this article.

| **Item** | **Overview of Vietnam design system** |
| --- | --- |
| **Registration requirements** | Novelty, creativity (uneasy creativity), industrial applicability. The design must be significantly different from publicly known designs. Shapes derived solely from function are not protected. |
| **Applicant qualifications** | The creator or his/her employer, etc. Foreign corporations and individuals must apply through a local IP agent. |
| **Required documents/language** | Application form (Vietnamese), drawings/photos, design description, etc. All documents are basically in Vietnamese (POA and priority certificates can be in other languages). When claiming priority, submit a certificate within 3 months. |
| **Drawing requirements** | In principle, 7 views (front, rear, left, right, top and bottom + perspective). The lines are clear and the background is plain. Partial designs using broken lines are not allowed. Enlarged drawings, etc. can be additionally submitted if necessary. |
| **Exception for loss of novelty** | Exception applies for applications filed within 6 months of publication. Applicable to unauthorized publication, academic presentations, and official exhibition exhibitions. |
| **Protection period** | 5 years from the filing date. Up to 15 years with two renewals. Renewals must be applied for before expiration, with a 6-month grace period (additional fee). |
| **Efficacy of design rights** | Monopoly on the manufacture, sale, import, etc. of products that are the same as or similar to the registered design. Rights holders can also license and transfer. Rights do not apply to private/experimental use, exhaustion, or partial prior use (Article 125 of the Act). |
| **Responding to breaches** | **Administrative measures** (injunctions and fines by market management bureaus, etc.) and **civil lawsuits** are the main means. Administrative routes are quick and frequently used. The possibility of claiming damages in civil cases is also an issue of effectiveness. There are no criminal penalty provisions in the current law. Border detention by customs is also available. |
| **International Application (The Hague)** | Joined at the end of 2019. Application for Vietnam designation is possible via WIPO. The Intellectual Property Office will notify you of the refusal within six months. If rejected, respond within 3 months (extension possible by 3 months). On-site submission of priority certificate is a new requirement. |
| **Reduction system** | Corona reduction exemption until 2024, current regular rate. However, the online procedure fee will be reduced by 50% until the end of 2025. No permanent tax exemption for small businesses. |
| **Power of Attorney (POA)** | A power of attorney is required for foreign applications. Submit original signature (no authentication required). Strict restrictions on submission deadlines will be removed from 2023 (submit before formalities examination). |

## Sources/References

- Vietnam Intellectual Property Law (Law on Intellectual Property) and related government and ministerial ordinances/notifications (No.65/2023/ND-CP, etc.)
- INVESTIP IP LAW FIRM “Vietnam - Industrial Designs Q&A” (2021)
- Meirin International Law Office “Summary of laws and regulations regarding intellectual property rights in Vietnam \[Part 1\]” (2021)
- ASL LAW (Nguyen Thi Thu) “Conditions for Industrial Design Protection in Vietnam in 2025” (2023)
- Tilleke & Gibbins (Thomas J. Treutler et al.) "Registering Industrial Designs for Household Appliances in Vietnam..." (2023)
- KENFOX IP & Law Office "IP Practice - Industrial Design in Vietnam" (2022)
- KENFOX IP & Law Office “Measures To Deal With Industrial Design Infringement In Vietnam” (2021)
- Rouse & Co. International “Patent & Design Updates from Vietnam: January 2024” (2024)
- Rouse & Co. International "Vietnam: New regulations around priority documents for Hague Applications" (2024)
- Lexology/INVESTIP "Update on official industrial property fees in Vietnam for 2025" (2025)

AUTHOR

Takefumi SUGIURA （杉浦 健文）

EVORIX Intellectual Property Law Firm　**Managing Patent Attorney**

Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the **Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA)**.

[→ Patent Attorney Profile](https://www.evorix.jp/staff) [→ Contact Us](https://www.evorix.jp/inquiry) [→ Consultation Flow](https://www.evorix.jp/consultation)****

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