Power of Attorney for IP Registration in Vietnam: 6 Checks for Foreign Applicants

A power of attorney for IP registration in Vietnam allows a representative to act for the applicant before the Intellectual Property Office of Vietnam (IP Office). For a foreign business preparing a trademark, patent or design filing, the document should make clear who is appointing the representative, who may sign, what work is authorized and how long the authority lasts. It does not transfer ownership of the right.

The IP Office issued Notice 4863/TB-SHTT on October 5, 2026 to clarify how authorization rules apply to existing and new files. The notice does not introduce a universal one-year term or require every applicant to sign a replacement power of attorney each year.

The appointment should fit the company’s wider plans for intellectual property in Vietnam, including who owns each right, what needs protection and when to file. The representative’s authority should support those decisions.

Why the IP Office Clarified Authorization Rules

Law No. 131/2025/QH15 amended Vietnam’s Intellectual Property Law, and Circular 10/2026/TT-BKHCN took effect on April 1, 2026. The IP Office’s notice explains how to apply the authorization rules consistently to filings before and from that date, including certain international and divided applications. For an applicant, the key point is that the filing history and the particular procedure can determine the requirements. The date on the signature page alone is not enough.

Quick Reference

For a foreign applicant, the power of attorney gives the Vietnamese representative authority to handle the agreed IP work. Before signing, confirm that the applicant’s identity and the signer’s authority are correct. The document should cover the work you intend the firm to handle and state how long its authority lasts. Continuing authority can be stated expressly; annual replacement is not a universal requirement.

Power of Attorney for IP Registration in Vietnam: 6 Checks for Foreign Applicants

Choose a Qualified Representative and Identify the Applicant

For a national trademark, patent or design filing, a foreign organization with no production or business establishment in Vietnam must act through an organization entitled to provide industrial property representation services. Confirm that the appointed firm is qualified for the work involved. Receiving commercial instructions alone does not make an adviser a qualified IP representative.

The power of attorney should identify the applicant and the representative acting for it. Confirm which entity is entitled to apply for the right before the document is signed. The applicant’s name should match across the authorization and filing documents. A foreign parent and its Vietnamese subsidiary are separate entities, so the intended ownership arrangement needs to be clear.

Also confirm that the signer has authority to act for that applicant. Ownership of a subsidiary does not, by itself, allow a parent company to sign for it. The representative acts for the named applicant; appointment does not make the representative the owner of the trademark, invention or design.

Agree on the Work Covered by the Authorization

A filing can involve more than submitting the first application. The IP Office may request corrections or raise objections, and later work can include amendments, appeals, maintenance or renewal. Agree whether the appointment covers those steps or only the initial filing. This helps the business understand when further instructions or an additional appointment may be needed.

The authority should match the work you intend to entrust to the firm. Certain steps that renew only part of a right or reduce its protection require authorization covering the relevant action or scope. Before a step affecting the extent of protection, confirm both that the firm is authorized to act and that the business has approved the proposed change.

State How Long the Authority Lasts

State the duration expressly. If it is omitted, a one-year default can apply, but the outcome depends on the document and whether the authority is tied to a specific transaction. A blank duration field therefore creates uncertainty. It does not establish that the document will last indefinitely or that every authorization ends exactly one year after signing.

Choose between a fixed end date and continuing authority with a clear termination process. For a fixed term, assign someone to monitor expiry while applications remain pending. For continuing authority, keep a record of any termination or replacement. The period of IP protection and the representative’s authority are separate: a valid trademark, patent or design does not establish that the appointment remains effective.

Check an Older Authorization before Using It Again

An older authorization is not automatically unusable because the rules have changed. An earlier filing may continue under the rules applicable when it was made, including where the authorization is supplied later within an allowed period. The representative should establish which rules apply to that file before requesting a replacement.

Where one authorization covers several independent procedures and the original is already on file, a copy with an accurate reference to that original can be used under the applicable rules. Ask the firm to confirm where the original is held and whether it covers the next procedure. If a replacement is needed, ask which requirement makes it necessary. This gives the business a reason for the new signature request.

Check the Filing History for International and Divided Applications

For an international application, the earliest filing date may not decide which authorization rules apply in Vietnam. For a Patent Cooperation Treaty (PCT) application entering Vietnam, the relevant date is entry into the Vietnamese national phase. The business should therefore check the local filing step rather than assume that the earlier international application settles the issue.

For an international trademark or design registration designating Vietnam, the relevant date can be when the Vietnamese representative carries out the procedure that requires local representation. A later response to a refusal can therefore raise a fresh authorization check. The earlier international registration date alone does not preserve the earlier rules for that local procedure.

A divided application, which separates part of an existing application into another application, has its own receipt date for this authorization check. Converted patent applications follow a similar approach. These dates determine the applicable authorization rules; they do not change the underlying right’s substantive filing or priority date.

Ask any overseas adviser coordinating the matter to send the filing history and IP Office notices to the Vietnamese firm. The local representative needs that information to identify the relevant procedure and assess the existing authorization. Keeping the records together can reduce repeated signature requests and help explain why a new document is necessary.

Plan Signatures and Handovers before Deadlines

Arrange the signature while the filing documents are being prepared. Ask the representative to confirm the required form, delivery method and deadline for the original or copy. Some procedures allow the authorization to be supplied later, but the available period depends on the particular procedure. Confirm it before relying on a later submission.

When changing representatives, complete the written termination or replacement documents required for the file. The IP Office recognizes the change when it receives valid documents. An introductory email to a new adviser is not enough to complete the appointment. Review the service agreement separately for notice, fees and other obligations when ending the engagement.

Frequently Asked Questions About Power of Attorney for IP Registration in Vietnam

Q1: Does every power of attorney for IP registration in Vietnam need to be renewed each year?

No. An authorization governed by the current rules may expressly continue until written termination or replacement. If it states no duration, a closer check is needed because a one-year default can apply. Older filings may remain subject to earlier rules, so the document and filing history both matter.

Q2: Can one power of attorney cover several Vietnam IP filings?

Yes, if its scope and duration cover the work. Where the original is already on file, the representative may use the applicable copy-and-reference process. The existing document must still satisfy the requirements for each later filing or procedure; one broad appointment does not remove that check.

Q3: Can a parent company sign for its Vietnamese subsidiary?

Not solely because it owns the subsidiary. Identify the applicant for each right and confirm who has authority to sign for that entity. If an employee, affiliate or adviser signs, check the chain of authority.

Q4: Can I reuse an older power of attorney?

Sometimes. The signing date alone does not decide the issue. Ask the Vietnamese representative to confirm which rules apply to the next filing or procedure and whether the document’s scope, duration and applicant details satisfy those requirements.

Q5: Does appointing an IP representative transfer ownership of the right?

No. It authorizes the representative to carry out specified work for the applicant. An ownership transfer is a separate legal transaction with its own requirements.

Conclusion

Before signing or reusing an authorization, ask the representative to confirm the applicant, the signer’s authority, the work covered and the duration. For an existing file, the firm should also identify the rules applicable to the next procedure. Record who will provide instructions and monitor deadlines. These steps help keep the appointment consistent with the company’s ownership and protection plans.

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