Notable documents of Vietnam in the previous week (from August 21 to August 27, 2023)

1. New regulation of Vietnam on grounds and procedures for establishing industrial property rights

This is a content of Decree No. 65/2023/ND-CP guiding the Law on Intellectual Property regarding industrial property rights, protection of industrial property rights, plant varieties rights, and state management of intellectual property.

According to the Decree, grounds and procedures for establishing industrial property rights are as follows:

- Industrial property rights to an invention, layout design, industrial design, mark, and geographical indication shall be established based on a protection grant decision of the industrial property right authority issued to the applicant for such subjects according to Chapter VII, Chapter VIII, and Chapter IX of the Law on Intellectual Property and Appendix I of Decree No. 65/2023/ND-CP.

Industrial property rights to an internationally registered mark under the Madrid Agreement and Madrid Protocol shall be established based on a decision to grant protection to such a mark issued by an industrial property right authority.

Industrial property rights to an internationally registered industrial design under the Hague Agreement shall be established based on a decision to grant protection to such an industrial design issued by an industrial property right authority.

- Industrial property rights to a well-known mark shall be established based on the actual use practice of such a mark according to Article 75 of the Law on Intellectual Property without having to carry out registration procedures.   

When using the rights and handling a dispute over the rights to the well-known mark, the owner shall prove his/her rights with evidence prescribed in Point c Clause 5 Article 91 of Decree No. 65/2023/ND-CP.

- Industrial property rights to a trade name shall be established based on the actual legal use of such a name corresponding to the area (territory) and business line without having to carry out registration procedures.  

When using the rights and handling a dispute over the rights to the trade name, the owner shall prove his/her rights via evidence prescribed in Point b Clause 5 Article 91 of Decree No. 65/2023/ND-CP.

- Industrial property rights to a business secret shall be established based on the financial, intellectual investment, or other legal methods to find out, create, or achieve information and information security forming such a business secret without having to carry out registration procedures.   

When using the rights and handling a dispute over the right to the business secret, the owner shall prove his/her right via evidence prescribed in Point a Clause 5 Article 91 of Decree No. 65/2023/ND-CP.

- Anti-unfair competition rights shall be established based on the actual anti-unfair competition activities without having to carry out registration procedures at industrial property right authorities.  

When using the anti-unfair competition rights, holders shall prove their rights via evidence specifying subjects, fields, territories, and business time concerning competition.

See more details in Decree No. 65/2023/ND-CP of the Government of Vietnam comes into force as of August 23, 2023 and replaces Decree No. 103/2006/ND-CP and Decree No. 122/2010/ND-CP.

2. Vietnam to suspend several regulations on rejected loan demands from September 1, 2023

This is a content of Circular No. 10/2023/TT-NHNN dated August 23, 2023 on suspending several contents of Circular No. 39/2016/TT-NHNN on lending transactions of credit institutions and/or foreign bank branches with customers (amended by Circular No. 06/2023/TT-NHNN).

According to the Circular, Clauses 8, 9, and 10 Article 8 of Circular No. 39/2016/TT-NHNN (amended by Clause 2 Article 1 of Circular No. 06/2023/TT-NHNN) shall be suspended from September 1, 2023 to the effective date of any new legislative document stipulating related matters.

Specifically, Clauses 8, 9, and 10 Article 8 of Circular No. 39/2016/TT-NHNN (amended by Clause 2 Article 1 of Circular No. 06/2023/TT-NHNN) are as follows:

- Loans used for making capital contribution to, buying or receiving transfer of stakes of a limited liability company or a partnership, or shares of a joint-stock company that is not yet listed on the securities market or registered for trading on the Upcom system.

- Loans used for making capital contributions under capital contribution contracts, investment cooperation contracts or business cooperation contracts for executing investment projects that are unfit for sale or for business operation as prescribed by laws when the credit institution issues its lending decision.

- Loans used for financial offsetting purposes, except for those meeting the following conditions:

+ The customer has used their own funds for paying costs incurred from their business project for a period of less than 12 months by the time of grant of lending decision by the credit institution;

+ Costs paid using the customer’s funds for executing a business project are costs to be covered using the fund borrowed from the credit institution under the plan to use borrowed fund submitted to the credit institution when applying for a medium-term or long-term loan for executing that business project.

See more details in Circular No. 10/2023/TT-NHNN of the State Bank of Vietnam, effective as of September 1, 2023.

3. Principle of issuing Certificates of Inspection of Technical Safety Quality and Environmental Protection for imported motor vehicles in Vietnam

On August 16, 2023, the Government of Vietnam promulgated Decree No. 60/2023/ND-CP on technical safety quality and environmental protection inspection and certification of imported motor vehicles and components according to international treaties to which Vietnam is a signatory.

According to the Decree, the principle of issuing Certificates of Technical Safety Quality and Environmental Protection for imported motor vehicles is as follows:

- For e-applications: Issue paper certificates when the concerned authorities have yet to carry out the e-data use connection with inspection authorities.

- For paper applications, copies of issued certificates shall include copies for archive, copies for customs procedures, and copies for the collection of registration fees and registration of motor vehicles.

- Certificates (in paper or electronic form) shall be used for processing customs procedures; collecting registration fees; registering motor vehicles; inspecting for the first time, or processing other procedures upon requests of competent authorities.

See more details in Decree No. 60/2023/ND-CP of the Government of Vietnam comes into force as of October 1, 2023 and applies to:

- Vehicle components: from October 1, 2023.

- Motor vehicles: from August 1, 2025.

4. New regulation of Vietnam on radio frequency licensing authorities

On August 18, 2023, the Government of Vietnam promulgated Decree No. 63/2023/ND-CP guiding the Law on Radio Frequencies 2009, amended by the Law on Radio Frequencies (amended) 2022.

According to the Decree, radio frequency licensing authorities are as follows:

- The Ministry of Information and Communications of Vietnam (via the Authority of Radio Frequency Management) shall issue, re-issue, replace, renew, revise, amend, and revoke licenses to use radio frequencies, partially suspend radio frequency use rights, process applications for discontinuance of radio frequencies for licenses prescribed by the Law on Radio Frequencies, except for cases prescribed in Clause 2 Article 5 of Decree No. 63/2023/ND-CP.

- The Authority of Radio Frequency Management (via Regional Radio Frequency Centers) shall issue, replace, renew, amend, supplement, and revoke licenses to use radio frequencies and radio frequency devices, handle applications for discontinuance of radio frequencies for amateur radio stations, ship stations, radio stations on fishing vehicles, radio stations for communication with fishing vehicles, wireless radio stations, and internal radio communication networks.

See more details in Decree No. 63/2023/ND-CP of the Government of Vietnam, which comes into force as of August 18, 2023 and replaces Decree No. 88/2021/ND-CP.

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