Head of an Industrial Property Representation Service Organization: Practising Certificate Requirements

The head of an industrial property representation service business organization must satisfy the conditions on practising certificates and experience under the Law on Intellectual Property 2005 (as amended in 2009, 2019, and 2022). This article clarifies the scope of services, the rights and responsibilities of industrial property representatives, and the conditions for the head of such an organization.

1. What do industrial property representation services include?

Under Article 151 of the Law on Intellectual Property, industrial property representation services include: representing organizations and individuals before competent state agencies regarding the establishment and enforcement of industrial property rights; advising on issues related to procedures for establishing and enforcing industrial property rights; and other related services as prescribed. Organizations providing these services operate in the form of enterprises, cooperatives, or law-practising organizations (excluding foreign lawyers practising in Vietnam) and must satisfy the business conditions as prescribed.

2. What rights and responsibilities does an industrial property representative have?

An industrial property representative has the right to perform services as authorized within the requested scope; to request clients to provide necessary information and documents; and to receive remuneration as agreed. Regarding responsibilities: maintaining confidentiality of information, honesty in practice, compliance with the law and professional ethics rules, and responsibility to clients for service quality. A service business organization may only operate when it satisfies the conditions on personnel holding practising certificates.

3. Conditions for the head of an industrial property representation service business organization

The head of an industrial property representation service business organization must be an individual holding a Practising Certificate for industrial property representation services and must satisfy the service business conditions prescribed by the Law on Intellectual Property (as amended). The conditions for issuance of the Practising Certificate (Clause 2, Article 155 of the Law on Intellectual Property, per consolidated text No. 155/VBHN-VPQH/2025): be a Vietnamese citizen with full civil act capacity, permanently residing in Vietnam; hold a bachelor’s degree or equivalent qualification (for practice in the fields of inventions, industrial designs, or layout designs, a bachelor’s degree in natural sciences or engineering); have directly worked in industrial property law for 05 years or more, or have directly examined industrial property registration applications at a national/international industrial property authority for 05 years or more, or have graduated from a recognized training course in industrial property law; not be a cadre, civil servant, or employee currently working at a competent state agency for establishing and protecting industrial property rights; and have passed the professional examination for industrial property representation organized by a competent authority. Where the person is a lawyer permanently residing in Vietnam, they are issued the practising certificate in the fields of marks, geographical indications, trade names, anti-unfair competition, and trade secrets if they have graduated from a recognized training course in industrial property law (Clause 2a, Article 155).

Notes on applying current legal provisions

This article is presented for reference purposes, helping readers understand the legal issue at a general level. Detailed conditions on practising certificates and service business should be cross-checked against the consolidated text of the current Law on Intellectual Property. Where advice is needed, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.

Common risks to watch for

• Applying the original 2005 Law on Intellectual Property while ignoring the 2009, 2019, and 2022 amendments.
• The head lacking a practising certificate.
• Providing services before fully satisfying the conditions.
• Breaching client information confidentiality obligations.

How can ANT Legal help?

ANT Legal advises on conditions for industrial property representation service business, practising certificate dossiers, and related procedures. For prompt advice, please contact our lawyers at 0966.475.966.

Frequently asked questions

What conditions must the head of an industrial property representation service business organization satisfy?
They must be an individual holding a Practising Certificate for industrial property representation services and satisfy the service business conditions under the Law on Intellectual Property (as amended). Certificate issuance conditions at Clause 2, Article 155 (consolidated text No. 155/VBHN-VPQH/2025): Vietnamese citizen with full civil act capacity, permanently residing in Vietnam; holding a bachelor’s degree or higher; having directly worked in industrial property law for 05 years or more, or directly examined industrial property applications for 05 years or more, or having graduated from a recognized training course in industrial property law; and passing the professional examination.

What forms may industrial property representation service business organizations take?
Enterprises, cooperatives, and law-practising organizations (excluding foreign lawyers practising in Vietnam) — which must satisfy the business conditions as prescribed.

What do industrial property representation services include?
Representing organizations and individuals before competent state agencies regarding the establishment and enforcement of industrial property rights; advising on issues related to procedures for establishing and enforcing such rights; and other related services as prescribed (Article 151 of the Law on Intellectual Property).

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