Why Paying the Invoice May Not Save Your Patent: Patent Annuity Fees in Vietnam

A granted patent feels like the finish line. In Vietnam, it is closer to the starting point. To keep protection alive, the owner must handle patent annuity fees in Vietnam every year, long after examination and grant are over. This applies even when the application began under the Patent Cooperation Treaty (PCT).

The Intellectual Property Office of Vietnam (IP Vietnam) handles this process. It requires a maintenance request plus the official payments. Sending money to a service provider does not, on its own, prove the work is done.

Miss this step and the rights can end, taking license deals with them. Here are seven checks to keep your patent in force.

The Short Answer

Invention patents and utility solution patents need yearly maintenance after grant. The request and payments are due before the current annual period ends.

A late filing is allowed for up to six months, with a charge for each late month. After that, protection ends from the start of the first unpaid year. Annual payments never extend a patent beyond its maximum term.

7 Checks to Keep Your Patent Alive

Patent Annuity Fees in Vietnam: 7 Checks to Keep a Patent in Force

1. Each Vietnamese Patent Needs Its Own Payment

Paying fees for the same invention in another country does not cover Vietnam, even if both came from one PCT application. The first year’s fees are part of grant. Later payments keep the patent alive year by year.

2. Count From the Grant Date, Not the Invoice

Annual periods run from the grant date. The day an invoice arrives does not set your legal deadline.

Keep this separate from final expiry. An invention patent lasts up to 20 years from filing, or from the international filing date for PCT cases. A utility solution patent lasts up to 10 years. A slow examination means less remaining time.

3. Understand How the Fee Is Calculated

The official amount covers the maintenance charge, the use fee, and fees for examining, recording and publishing the result. It depends on the number of independent claims, meaning claims that stand on their own, not the total claim count.

The use fee rises in later years, so last year’s invoice is not a reliable guide. Ask your provider to show official fees separately from professional fees.

4. File a Valid Request, Not Just a Transfer

The request must correctly identify the patent and owner. A wrong applicant, invalid authorization or short payment can make it deficient. IP Vietnam may issue a deficiency notice, and an unresolved problem can lead to refusal.

5. Treat the Late Window as a Safety Net

The six month grace period requires a proper request and late charges. Once it ends, a lapsed patent generally cannot be restored just by paying. Lapse can also end a license agreement that depends on the patent.

6. Confirm Who Can Act for You

Foreign owners without a business establishment in Vietnam must use an authorized local IP representative. A power of attorney given to your old filing firm does not automatically cover a new one. Changing representatives is also different from changing ownership, which must be registered with IP Vietnam.

7. Keep the Right Proof

A bank transfer shows money was sent. A filing receipt shows a request was received. Only the official maintenance notice confirms the patent was maintained for a specific year.

Even then, maintenance does not protect against invalidation, settle ownership disputes, or cover your trademarks.

Patent maintenance in Vietnam is a legal procedure, not a payment task. Track the grant date, check the fee basis, and always ask for official confirmation.

Learn more: Patent Annuity Fees in Vietnam: 7 Checks to Keep a Patent in Force

Read More

Intellectual Property in Vietnam: 7 Questions to Answer Before You Launch

Many foreign companies find their IP gaps only after a distributor, factory or buyer is already involved. By then, fixing the problem costs far more time and money.

A better approach is to settle seven decisions early. Protecting intellectual property in Vietnam means knowing your key assets, who owns them, what to file before launch, how to guard secrets, how licenses work, and how to handle infringement and claims.

The Short Answer

Protect the IP your sales and production depend on first. Confirm a clear owner for each right, and file before any launch or public disclosure.

Control who sees confidential information, and make sure licenses match how you really operate. Keep evidence and a response plan ready for disputes.

The 7 Decisions Every Foreign Company Should Make

1. Which Assets Matter Most?

Start with what drives revenue: brands, product designs, technical solutions, software, creative content and know-how. Ask how losing control of each one would affect sales, costs and customer trust.

Keep an internal IP list showing each right, its owner, its status in Vietnam, key dates and the person responsible. Include digital assets and AI-assisted work.

2. Who Really Owns the Rights?

Paying for work does not make you the owner. Employee and supplier contracts should state who owns the result and whether you may change, reproduce or sell it.

Check whose name appears when a local partner files for you. When buying a Vietnamese company, remember that IP held personally by a founder does not pass with the shares.

3. What Must Be Secured Before Launch?

Vietnam generally follows a first-to-file system. In plain terms, the earlier applicant usually wins, and earlier use overseas is not a safe answer on its own.

Clear and file key trademarks before appointing a distributor or announcing the brand. File patents and designs before trade fairs or open presentations, because public disclosure can destroy novelty.

4. What Can You Safely Share?

Labeling information "confidential" does not make it a trade secret. It must be truly secret, give a business advantage and be protected by suitable measures.

A non-disclosure agreement (NDA) helps, but only alongside access limits, clear instructions in a language staff understand, and a proper exit process when someone leaves.

5. Does Your License Fit Reality?

Common group ownership does not give every affiliate or contractor permission to use an asset. A parent company's software subscription might exclude its Vietnamese subsidiary.

Review the license whenever users, sites or subcontractors change. Finance should also confirm tax records and bank documents before the first royalty payment goes abroad.

6. How Will You Respond to Infringement?

Preserve evidence before contacting the other side, since a warning may lead to evidence being removed. Then decide your goal: stop the conduct, recover losses or reach an agreement.

Options include negotiation, administrative action, court proceedings, customs measures and, in limited cases, criminal enforcement. Keep in mind that an administrative fine goes to the State, not to you.

7. How Will You Handle a Claim Against You?

An allegation alone does not prove infringement. First, check what right the claimant relies on and whether it is protected in Vietnam.

Assign one coordinator, preserve records, and avoid admissions or payments until the facts are clear. Also check whether a partner must assist or cover certain losses.

FAQs

Does a foreign registration protect my trademark in Vietnam?
No. Trademarks, patents and designs need protection covering Vietnam through a national or available international route.

Can a foreign company own Vietnamese IP without a local subsidiary?
Generally yes, subject to eligibility rules. An offshore owner must use a lawful local representative, usually a licensed IP agent, for filings.

Protection works best before your business depends on a brand, technology or partner. Identify the one unresolved IP issue most likely to delay your next step, and assign someone to resolve it.

Learn more: Intellectual Property in Vietnam: 7 Decisions Foreign Companies Should Make Before Market Entry

Read More

Taiwan Anti-dumping Investigation on Cold-rolled Stainless Steel from Vietnam

On August 14, 2026, the finance authority of Taiwan Ministry of Finance (MOF) issued a notice initiating an anti-dumping investigation on Cold-rolled Stainless Steel from Vietnam

For manufacturers in Vietnam, including foreign-invested enterprises that use Vietnam as an export base, this is not a distant policy development. It carries short procedural deadlines, and the first one falls within 20 days of the notice.

The practical risk in cases of this kind is rarely the legal merits. It is the calendar. Companies that miss the registration window can end up with a duty rate calculated from adverse information available to the investigating authority, rather than from their own accounting records.

Quick Reference

The case was initiated on August 14, 2026 and covers cold-rolled flat stainless steel with thickness from 0.05 mm to 6.10 mm within defined composition ranges.

The dumping investigation period is July 1, 2025 to June 30, 2026, and the alleged margin is 31.36%, a petitioner figure rather than an official finding.

Registration as an interested party must be filed within 20 days from publication of the notice.
Ministry of Economic Affairs (MOEA) has 40 days for a preliminary injury determination, and MOF then has 70 days for a preliminary dumping determination.

Retroactive duty collection covering 90 days before provisional duties has been requested and remains open until the final dumping determination.

Non-participation risks a duty rate based on adverse facts available.

Read More

Decisions That Shape a Vietnam Market Entry Strategy

You can register a company in Vietnam and still choose the wrong way to enter the market.

The company will exist. It just may not support your revenue model, ownership level, licenses, or exit plan.
Here is the mistake most foreign investors make.
They focus on the registration process instead of the business strategy.
Before filing a single document, management should answer 9 decisions that shape the first 12 to 24 months in Vietnam:

Decisions That Shape a Vietnam Market Entry Strategy

1. Define the First Business Result
Decide what the local presence must deliver. Ask who signs the customer contract, who issues the invoice, who receives payment, and who owns the inventory.

2. Decide Whether the Local Presence Must Earn Revenue
This is the clearest dividing line. A representative office suits research and promotion, but it cannot invoice. To sell or collect revenue, you need a commercial entity.

3. Test Foreign Ownership and Market Access
Do not guess from industry labels. Under Vietnam's 2025 Investment Law, map each revenue line against restricted sector rules before you fix the shareholder structure.

4. Compare Entry Routes, Not Labels
Look beyond incorporation. Weigh direct export, distributors, joint ventures, greenfield subsidiaries, and acquisitions against speed, control, tax exposure, and license burden.

5. Choose the Required Level of Control
Control is broader than share ownership. Decide who controls pricing, bank accounts, key appointments, and IP before you negotiate percentages.

6. Set Capital From the Operating Plan
Do not copy another company's registered capital. Yours must back the real launch period. That means rent, salaries, inventory, and a delay reserve.

7. Check Location Suitability Before Leasing
An address that works for mail may legally reject production, retail, education, or healthcare. Verify land use, fire safety, and zone rules before the lease becomes unconditional.

8. Identify Licenses and People Needed for Launch
The Enterprise Registration Certificate only creates the company. It does not grant operational clearance. Regulated fields need sub licenses, and foreign staff need work permits planned early.

9. Design the Scale and Exit Route
Never enter a structure you cannot leave. Plan how you might add investors, convert a representative office, buy out a partner, or exit. The cost of exit is part of the entry decision.
One senior owner should control the entry decision and the facts behind it.

Read the full guide from ANT Lawyers: Vietnam Market Entry Strategy: 9 Decisions Foreign Investors Should Make Before Doing Business in Vietnam 

Read More

Turkey Initiates Anti-Dumping Investigation on Solar Glass from Vietnam

Turkey Initiates Anti-Dumping Investigation on Solar Glass from Vietnam

The Turkish Ministry of Trade has officially initiated an anti-dumping investigation on solar glass originating from Vietnam, China, and Malaysia. The notice was published in the Turkish Official Gazette on June 19, 2026.

Turkey Initiates Anti-Dumping Investigation on Solar Glass from Vietnam

Because trade remedy investigations target a specific product from a country rather than individually named corporations, Vietnamese exporters are encouraged to review their market exposure early, even if their company name does not appear in the initial public notice.

In typical export setups, supply chain data can be decentralized across multiple departments (technical files, commercial invoices, and logistics papers). Conducting a structured review ensures that management has full visibility over whether their products are involved.

7 Essential Compliance Checks for Exporters:

-Product Check: Confirm if your company manufactures, processes, or trades solar glass, PV glass, safety glass for solar applications, or tempered solar glass.

-Tariff Check: Review your export declarations and invoices against HS codes 7006, 7007, or any related tariff lines used for shipments to Turkey.

-Shipment Path Check: Trace both direct and indirect sales routes, including transactions through traders, distributors, affiliates, or solar module manufacturers who may ship onward.

-Customer Check: Reach out to your Turkish buyers, importers, and distributors to see if they have received official questionnaires from the Ministry.

-Document Check: Secure and organize all relevant contracts, purchase orders, invoices, customs declarations, product specifications, and cost files.

-Data Control Check: Align internal records across sales, accounting, production, and logistics to ensure identical transaction data and eliminate discrepancies.

-Decision Check: Evaluate early whether to participate in the investigation, coordinate data with your Turkish buyer, or formally document why your business sits outside the case scope.

Timeline and Participation

Interested parties have 37 days from the June 19, 2026 publication date to submit their questionnaire responses to the Turkish Ministry of Trade.

When an exporter chooses not to participate, the investigating authority may determine rules based on "facts available" rather than the company’s actual data, which generally leads to less favorable outcomes. Conversely, for companies with zero trade volume to Turkey, simply completing a brief internal note to document that fact is a practical way to manage future inquiries.

 Read the full guide from ANT Lawyers: Anti-Dumping Investigation on Solar Glass from Vietnam: 7 Checks for Exporters

 

Read More

Turkey Anti-Dumping Investigation on Polyester Tire Cord Fabric from Vietnam

Turkey opens an anti-dumping investigation on polyester tire cord fabric from Vietnam

On June 16, 2026, Turkey's Ministry of Trade initiated an anti-dumping investigation targeting polyester tire cord fabric originating from Vietnam. This is strictly the investigation stage, which means no duties have been imposed yet. It serves as a crucial window for Vietnamese exporters to assess their market exposure.

Turkey Anti-Dumping Investigation on Polyester Tire Cord Fabric from Vietnam

Here is a key point that exporters often overlook. An anti-dumping investigation targets a product from a specific country, not just individual named companies.

This means if your goods fit the product description and reached Turkey through a trader, an affiliate, or a third party buyer, your business could still be in scope, even if your company name is not in the official notice.

Key business factors to evaluate early:

-Pricing flexibility: a potential future duty could affect your price competitiveness.
-Supply contracts: existing contracts in Turkey might need a proactive review.
-Customer retention: buyers in Turkey may look for alternative duty free sources if risks are not managed.
-Market position: protecting the market share you have built over the years.

Time is of the essence. The Turkish notice references a 37 day response window under relevant circumstances. Staying silent means the authority may rely on facts available rather than your actual company data, which often leads to less favorable outcomes.

The good news: not every company needs to file a full response. If your company has no exports to Turkey, you may only need to document that fact after a quick internal record review.

Your next steps:
-Check the product and HS code (GTIP): 5902.20.10.00.00.
-Trace your supply chain to see if any goods reached Turkey.
-Secure your export and production documents.
Confirm your specific deadline and decide on your response strategy early.

Proactive review is the most effective approach to safeguard your business against unexpected trade remedies.

Read the full guide from ANT Lawyers: Turkey Anti-Dumping Investigation on Polyester Tire Cord Fabric from Vietnam: 4 Risks Exporters Should Know

Read More

Do You Need a Vietnamese Nominee to Open a Company?

Be Careful with Nominee Structures

Some foreign investors think using a Vietnamese nominee is a shortcut to open a company inVietnam. In reality, it can become a serious risk.

Do You Need a Vietnamese Nominee to Open a Company?

A nominee structure may look simple. A local person stands as shareholder. The foreign investor provides money and controls the business behind the scenes.

But what happens if the relationship breaks down?

Who legally owns the shares?

Who controls the company seal?

Who controls the bank account?

Who can sign contracts?

Who can transfer the company?

Who is responsible for tax and compliance?

What happens if the nominee refuses to cooperate?

These questions become very real when the business makes money, receives investment, faces a tax review, or enters a dispute.

A nominee is not just a name on paper. It is a control risk.

Before using a nominee in Vietnam, check whether a transparent foreign-owned structure is legally possible.

Read More

Vietnam Company Formation Is Not Just Paperwork

Vietnam Company Formation Is Not Just Paperwork

If you think Vietnam company formation is only paperwork, you may miss the real legal risks.

Many foreign investors only ask: “How long does it take?” and “How much does it cost?”

Those are important questions. But they are not enough.

Vietnam company formation is not just paper work

Opening a company in Vietnam may involve several layers: investment conditions, enterprise registration, business lines, charter capital, bank accounts, tax registration, accounting setup, labor compliance, contracts, and sometimes special operating licenses.

The company may be legally established, but not yet ready to operate safely.

For example, a trading company may need to consider import rights and distribution rights. An e-commerce business may need to consider platform rules, data, consumer protection, and payment flows.

Company formation is not just registration. It is market-entry structuring.

Before forming a company in Vietnam, investors should ask: “What happens after the license is issued?”

Read More

Before Opening a Company in Vietnam, Answer This First

The first question in Vietnam company formation is not: “What should the company name be?”
The first question is: “How will this company make money?”
Many foreign investors focus on the company name, address, capital, and shareholder structure first. But those are not the real starting points.
The real starting point is the business model.

Business Model First, Company Name Later

Will the company sell goods or provide services?
Will it sell to Vietnamese customers or foreign customers?
Will it import products?
Will it sell online?
Will it operate a platform?
Will it hire local staff?
Will it need a physical location?
Will it collect payments in Vietnam?

Each answer may affect licensing, tax, banking, contracts, and post-licensing compliance.
A weak business model creates a weak licensing strategy.
Before opening a company in Vietnam, clarify the business model first. The legal structure should follow the business, not the other way around.

Read More

Can Foreign Investors Own 100% of a Vietnam Company?

Can a foreign investor own 100% of a company in Vietnam?

The answer is: sometimes yes, sometimes no.

Many investors ask this question too early. They ask about ownership before explaining what the company will actually do.

Can a foreign investor own 100% of a company in Vietnam?

In Vietnam company formation, ownership depends on the business activity. A consulting company, a trading company, an e-commerce business, a logistics company, a restaurant, or a real estate project may face very different legal conditions.

Some sectors are open to foreign investors. Some sectors are conditional. Some may require additional approvals. Some may require a more careful structure.

So the better question is not simply: “Can I own 100%?”

The better question is: “Can I legally own 100% for this exact business model?”

Ownership follows the business model.

Before forming a company in Vietnam, define clearly what you will sell, who your customers are, and how the company will make money.

Read More