[Vietnam Update] Tougher requirements for document signatories

The Intellectual Property Office of Vietnam (IP Viet Nam) issued Notification No. 13822/TB-SHTT on 23 November 2020, setting rigid requirements on signatories of executed documents submitted thereto, which addressed the Power of Attorney and Deed of Assignment.

Despite not being specified, the Notification is deemed to come into effect from the date of issuance. IP Viet Nam now requires executed documents to be signed by a legal representative of the applicant or owner, such as the Chairman, CEO, President or Director of the organization. If no legal representative is available, such documents may be signed by other signatories provided that additional evidence is submitted to prove the signatories are authorised to represent the IP owners or applicants. Previously, any internally approved representative was allowed to act as a signatory on behalf of the owner/organization. The Notification is vague in terms of scope of application, whether for new cases only or for pending cases as well.

[UPDATE]

As the tougher requirements gave rise to controversial debates, IP Viet Nam issued another Notification No. 6959/TB-SHTT on 14 July 2021 allowing the signatories to be authorized persons who NEITHER need to prove signing authority with additional documentation NOR are they required to have such document legalized.

Thus, the practice has reverted to the previous one before the issuance of Notification No. 13822/TB-SHTT. However, the Notification has also clarified that the legal representative will take responsibility for any issues in connection with such executed documents if raised without binding IP Viet Nam’s responsibility to such disputes. For example, if a person in a company assigns an IP case by signing the assignment filed with IP Viet Nam but it is then revealed that such person is not legally competent; the legal representative of said company will take all responsibility and bear all consequences without relation to IP Viet Nam.

Should you have any questions, please email us at kass@kass.asia.

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KASS International is an established Intellectual Property Firm which offers a one-stop solution for IP matters in Malaysia, South East Asia, and worldwide.