What are Requirements for Assignment Recordal in Vietnam?

Minimum Requirements for an Assignment Agreement

An assignment agreement must at least includes the following contents:

  • Full name and address of the assignor and assignee;
  • Details of the subject matter(s) to be assigned;
  • 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 when complains or disputes arise;
  • Date and place of signing;
  • Signatures of the parties or their authorized representatives with the full names and position of the signatories.

Documents Required for Recording an Assignment Agreement

  • A Power of Attorney (PoA) from the applicant (assignor or assignee) (required at the time of filing);
  • 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;
  • A notarized copy of business license/investment license if the assignee is a Vietnamese entity.

Notes:

  • Recordal of assignment agreement with the Intellectual Property Office of Vietnam is not compulsory. However, to be enforceable with third parties, it must be recorded with the IP Vietnam;
  • 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 page or all pages must be attested and marginally stamped;
  • For all applications including applications for patent, trademark and industrial design, Power of Attorney form just needs to be filled in and signed. Neither notarization nor legalization is required;
  • Power of Attorney can be submitted at a later date, but can not be later than 1 month from the filing date.