Requirements of an Assignment Agreement

  • Full name and address of the assignor and assignee;
  • Details on the assigned subject;
  • Price of the assignment and term of payment;
  • Rights and obligations of each party;
  • Conditions for amendment, termination and invalidation of the agreement;
  • Method of settlement of complains and disputes;
  • Date and place of signing;
  • Signatures of the parties or of their authorized representatives with the full names and position of the signatories.

Documents Required for Recordal of an Assignment Agreement

  • A Power of Attorney from the assignor and assignee (required within one month from the filing date);
  • Two original or certified copies of the agreement, including appendix or appendices (if any) and their Vietnamese translations;
  • Original patent of invention/utility solution/industrial design or certificate of registration of trademark.

Notes:

  • Assignment must be recorded with the Vietnam National Office of Industrial Property in order to be enforceable;
  • Request for recordal should be filed within 60 days from the date of signing of the agreement;
  • Multiple page agreement must have signatures of both assignor and assignee on each pages or all pages must be attested and marginally stamped;
  • For all applications including applications for utility solution, patent, trademark and industrial design, notarization of Power of Attorney and Deed of Assignment is no longer required, just need to be signed the applicant if the applicant is a natural person; or by the authorized person of applicant if the applicant is a legal entity and affixed by the corporate seal of such an entity (if any).