How to Register an Industrial Design in Vietnam with IP Viet Nam

Registering an industrial design in Vietnam protects the outward appearance of a product: its shape, lines, configuration, patterns and colours, or the combination of these that gives the article its distinctive look. The right is granted by IP Viet Nam, the national industrial property office (formerly the National Office of Intellectual Property, or NOIP), which handles industrial property including designs, patents and trade marks. The office's structure and exact English designation were affected by a 2025 reorganisation under the Ministry of Science and Technology, so it is worth confirming the current official name and contact route on the office's own website before you file. Copyright is administered separately, by the Copyright Office of Viet Nam, so a design that is part appearance and part creative work may touch both bodies; this guide deals with the registered industrial-design right that IP Viet Nam grants.

Vietnam operates a first-to-file system and is a member of the major international IP treaties, which shapes almost every practical decision below. Before working through the steps, it helps to read our overview of industrial design protection in Vietnam, because it sets out what a registered design does and does not cover and how it sits alongside patents and trade marks. A registered design protects the look of an article, not its underlying technical function (which may instead be a matter for a patent or for Vietnam's distinctive patent for utility solution, its utility-model equivalent), and not a brand name or logo as such (which is the territory of trade marks).

One point to be aware of is that Vietnam's IP framework was amended by a 2025 law that took effect during 2026, and the amendments touch designs in particular. The current position should therefore be checked against the latest official guidance rather than older summaries, and the confirm-with-counsel flags below matter all the more because of this recent change.

What qualifies as a registrable design

Vietnamese law protects the appearance of a product expressed through shape, lines, colours or a combination of these, provided the design meets the statutory conditions. Recent amendments have also expanded what can be protected, with partial designs and designs of non-physical products such as graphical user interfaces now reported to be within scope, so if your design is a portion of a product or an on-screen interface it is worth confirming the current eligibility position with IP Viet Nam or local counsel. Two of the underlying conditions matter most in practice.

The first is novelty, and Vietnam applies a worldwide novelty standard. Broadly, the design must be new and differ significantly from designs that have been disclosed anywhere in the world, in any form, whether by publication, use or other public availability, before the relevant cut-off date (the filing date, or, where you validly claim Convention priority from an earlier application, the priority date). Because the prior art that counts against you is global rather than local, a design already shown in another country can defeat a Vietnamese application. The precise wording of the test, the scope of what counts as disclosure, and the exact cut-off are points to confirm with IP Viet Nam or local counsel.

The second is that the design must be capable of serving as a model for the industrial or handicraft manufacture of products, in other words it must be susceptible of industrial application rather than being a one-off purely artistic creation. Certain categories are excluded from protection as industrial designs, for example shapes dictated solely by the technical function of the article, so it is worth checking that what you want to protect is the kind of subject matter the design system covers.

Why filing before disclosure matters

The single most important practical point in a worldwide-novelty, first-to-file country is timing. Novelty is judged by reference to the position before your filing (or priority) date, and any public disclosure before that date can destroy it. If you launch the product, exhibit it at a trade fair, publish images online or otherwise make the design public before you file, you may have defeated your own application, and because the standard is global the disclosure need not have happened in Vietnam.

Vietnamese law does provide a limited exception, often described as a grace period, under which a disclosure made by the applicant, or by a person who obtained the information from the applicant, may not be counted against novelty if the application is filed within a defined period after that disclosure. The length of that period and the precise conditions, including what evidence is needed and which disclosures qualify, are matters to confirm with IP Viet Nam or local counsel rather than relied upon as a fixed safety net, particularly as these qualifying conditions are exactly the kind of detail that recent amendments can shift. The exception is narrow and fragile: it generally targets disclosures originating from the right holder, it does not give the same priority position as simply having filed first, and it offers no help in countries that recognise no equivalent grace period, which matters if Vietnam is one part of a wider filing programme. The conservative and far safer approach is to file first and disclose afterwards.

Because Vietnam is first-to-file, there is a related squatting risk to keep in mind. Filing promptly, before disclosure and before a third party can register a similar appearance, is the practical defence. It is also worth noting that violation of the first-to-file principle is now reported to be a ground on which a design registration can be invalidated, which strengthens the case for filing early rather than relying on having used the design first.

Representations and the application

A design application to IP Viet Nam identifies the applicant, names the product to which the design is applied, and includes a set of representations: drawings or photographs showing the design from the views needed to make its appearance fully clear. The quality and consistency of these representations carry real weight, because the scope of the right you obtain is defined by what they show. Incomplete or inconsistent views can narrow your protection or attract objections, so preparing clear, well-lit, consistent illustrations is time well spent. The application is filed in Vietnamese, and where supporting documents originate in another language they will generally need translation.

Once filed, the application goes through formality and substantive examination, in which the office checks the statutory requirements including novelty. Vietnam's design examination is a genuine substantive review rather than a pure formality check, and recent amendments are reported to have introduced a formal post-grant or pre-grant opposition window for designs and to have adjusted examination timescales, so the procedure and the periods involved should be treated as confirm-with-counsel and checked against current official guidance. If the examiner raises objections, the applicant has an opportunity to respond, amend or argue within set time limits. If the design satisfies examination, it proceeds to grant and a protection certificate is issued. Plan for an examination phase rather than an instant grant, and treat any specific timescales as confirm-with-counsel, since they depend on the current rules, the office's workload and the complexity of the case.

The local-representative requirement

Foreign applicants, meaning those without a residence or established commercial presence in Vietnam, must act through a licensed Vietnamese industrial property representative; they cannot file directly with IP Viet Nam themselves. Proceedings and documents are handled in Vietnamese. In practice this means engaging a registered local representative early, both to satisfy the formal requirement and to navigate examination, deadlines and any objections. A power of attorney authorising the representative is part of the standard paperwork, and the precise certification or notarisation requirements for that and other documents are points to confirm with the representative.

Term and maintenance

A granted design in Vietnam gives the holder an exclusive right to use the design and to prevent others from using identical or insignificantly different designs, for a defined term that runs from a statutory starting point and is maintained by paying renewal fees at set intervals. Both the overall term and the renewal schedule are set by statute and can change, and given the recent amendments this is more than a theoretical caveat, so you should treat the specific length and the renewal intervals as confirm-with-counsel and verify the current position, together with the applicable fees, on IP Viet Nam's official website. Missing a renewal payment can cause the right to lapse, so docketing renewals carefully is essential.

We have deliberately not quoted any fee figures, because official fees apply and depend on the number of designs, renewals and other variables; confirm the current amount with IP Viet Nam or local counsel. The practical cost drivers to budget for are the official filing and examination fees, periodic renewal fees, the cost of preparing high-quality representations, professional fees for the local representative, and any translation work.

The Hague System route

If Vietnam is one of several markets where you want design protection, you can now reach it through the Hague System for the international registration of industrial designs, administered by WIPO, rather than filing a separate national application directly with IP Viet Nam. Vietnam has joined the Hague System, so a single international application can designate Vietnam alongside other member territories, which can simplify administration and centralise renewals. For a fuller explanation of how the route works, see our guide to the Hague System.

It is important to understand what the Hague route does and does not change. It streamlines filing and management, but it does not switch off Vietnam's substantive requirements. A design designating Vietnam through the Hague System is still subject to examination by IP Viet Nam and can be refused on the same grounds as a directly filed application, so the same discipline about worldwide novelty and pre-filing disclosure applies whichever route you choose. In practice, Hague designations of Vietnam have attracted a notable rate of provisional refusals and office notifications, often over the form of the representations or the number of designs per application, so you should expect that a local representative may still be needed to respond even on the Hague route. Whether the Hague route or a direct national filing suits you better depends on how many countries you are targeting, the specifics of each market and cost, which is a sensible point to discuss with counsel.

A note on getting this right

Design registration in Vietnam rewards careful sequencing: confirm worldwide novelty, prepare clear representations, file before any disclosure through a licensed local representative, and decide deliberately between a direct national filing and the Hague route. Because IP Viet Nam examines applications, because the framework was recently amended, and because the statutory details on grace periods, opposition, terms and renewals change over time, the points flagged above as confirm-with-counsel should be checked against current official guidance before you act.

IPEnvoy is not a law firm and does not provide legal advice. This page is general information only and is not a substitute for advice on your specific situation. Confirm the current position with IP Viet Nam's official website and a qualified local IP professional, who can verify current procedure, deadlines and fees and handle a filing on your behalf.