Issuing Guidance Documents on handling administrative procedures in the field of Intellectual Property which are decentralized and delegated according to Decree No. 133/2025/ND-CP

On August 31, the Department of Intellectual Property - Ministry of Science and Technology issued Decision No. 581/QD-SHTT on promulgating the Document guiding the coordination mechanism between the Department of Intellectual Property and specialized agencies under the People's Committees of provinces and centrally run cities in handling administrative procedures in the field of Intellectual Property which are decentralized and delegated according to Decree No. 133/2025/ND-CP.

1. Scope of application

This document provides guidance on the coordination mechanism between the National Office of Intellectual Property (NOIP) and specialized agencies under the People's Committees of provinces and centrally-run cities in handling administrative procedures (AP) in the field of intellectual property (IP) that are decentralized and delegated according to Decree No. 133/2025/ND-CP dated June 12, 2025, regulating decentralization and delegation in the field of state management of the Ministry of Science and Technology .

2. Applicable subjects

This document applies to agencies, units and individuals participating in handling administrative procedures in the field of intellectual property that are decentralized and delegated according to Decree No. 133/2025/ND-CP dated June 12, 2025 of the Government regulating decentralization and delegation in the field of state management of the Ministry of Science and Technology.

3. General principles in coordination

a) Ensure that the settlement of administrative procedures on intellectual property is decentralized and delegated smoothly, in accordance with regulations, and without interruption.

b) Create maximum convenience for people and businesses when implementing administrative procedures on intellectual property at the local level.

c) Ensure that information and data on intellectual property are shared fully, consistently, promptly and securely; serving management, statistics and operations, while enhancing transparency and accountability.

d) Strengthen the application of information technology in exchanging and processing records and data between the National Office of Intellectual Property and localities, ensuring network safety and security.

d) Improve the capacity and professional expertise of civil servants and public employees; strengthen coordination in state management between the central and local levels.

e) Promote the role and capacity of local authorities, while affirming the role of the National Office of Intellectual Property as the focal point for state management of intellectual property.

e) Open, transparent and timely.

4. The Intellectual Property Office is responsible for:

a) Notify the locality of the list of focal officers (including leaders and civil servants) of specialized units participating in coordination with the Provincial People's Committee to implement decentralized and delegated administrative procedures according to Decree No. 133/2025/ND-CP.

b) Establish communication channels between focal officers of the National Office of Intellectual Property and focal officers of localities to provide timely support in expertise, professionalism and handling of arising situations.

c) Organize guidance and training for local focal officers (in person, online, by case...) on expertise, profession and handling of arising situations.

d) Provide information to serve the settlement of administrative procedures to specialized agencies under the People's Committees of provinces and centrally-run cities accurately and promptly, ensuring the deadline for settlement of administrative procedures according to regulations.

5. Specialized agencies under the People's Committees of provinces/cities are responsible for:

a) Organize the implementation of decentralized and delegated administrative procedures in accordance with legal provisions and professional guidance of the National Office of Intellectual Property.

b) Announce the list of focal officers (including leaders and civil servants) assigned to be in charge of, participate in receiving and handling administrative procedures in the field of intellectual property at the local level.

c) Fully participate in the guidance and training sessions of the National Office of Intellectual Property, ensuring that administrative procedures are handled smoothly, without interruption and in accordance with regulations.

d) Timely report to the National Office of Intellectual Property any problems and difficulties in the process of receiving and processing administrative procedures.

d) Regularly provide and update information on the status of receiving and processing dossiers and reflect on problems so that the National Office of Intellectual Property can promptly support resolution.

e) For situations arising during the implementation process that do not have regulations or require verification of original information/documents under the management of the National Office of Intellectual Property, the locality shall send a request/proposal for coordination to the National Office of Intellectual Property for coordination in resolving the matter.

g) Responsible for responding within 48 hours when the National Office of Intellectual Property requests additional documents and data verification.

6. Establish a database on intellectual property registration to serve the settlement of decentralized and delegated administrative procedures.

a) The National Office of Intellectual Property shall:

a1) Establish a shared database between the National Office of Intellectual Property and specialized agencies under the provincial People's Committee (called "Shared Database") to serve the purpose of handling decentralized and delegated administrative procedures, including:

- Electronic registration data of intellectual property objects and data on intellectual property organizations/representatives, intellectual property organizations/appraisers;

- Synchronize data with the Intellectual Property Registration Application Management System of the National Office of Intellectual Property (WIPO IPAS System);

a2) Create an account to handle professional tasks on the Information System for handling administrative procedures of the National Office of Intellectual Property at the address: https://dichvucong.ipvietnam.gov.vn.

- Allows authentication of IP protection certificates by application number, certificate number, applicant name or by information of IP representative/IP assessor.

- Ensure communication channels operate smoothly; localities receive quick and timely support.

a3) Provide information/documents to serve the settlement of administrative procedures for localities within 48 hours of receiving the request on the Administrative Procedures Settlement Information System during the time the Shared Database under construction is not yet operational. The information/documents provided and exchanged by the National Office of Intellectual Property must be accurate, complete, and have data traceability, ensuring legality.

a4) Technical support, local guidance on system usage, and appropriate authorization for each group of administrative procedures.

a5) Have a backup plan for IT technical errors.

b) Specialized agencies under the People's Committees of provinces/cities:

- Use the assigned lookup account to look up and use SHCN information in the process of handling decentralized and delegated administrative procedures.

- Responsible for using access information for the purpose of performing decentralized and authorized administrative procedures and not sharing it with unauthorized parties during the exploitation process.

- Respond to problems and propose improvements to the search system so that the Department can complete its local support functions.

- Exchange information about VBBH when information cannot be looked up on the database via communication media (Zalo messaging application, ...), including representatives of departments/offices/units in charge of the field after issuing VBBH.

- The People's Committee of a province/city directly under the Central Government may propose to expand the right to look up certain functions, if the need arises.

- In case no data is found or discrepancies are suspected, the locality can directly contact the National Office of Intellectual Property via information channels to request verification (with application/record code, certificate number, verification reason, etc.).

c) When the shared database between the National Office of Intellectual Property and the Provincial People's Committee is not yet complete, the National Office of Intellectual Property shall establish communication channels for exchange during the process of processing dossiers to ensure full and timely provision of information to the Provincial People's Committee.

7. Regarding collection of fees and charges for intellectual property rights

a) General principles

- The collection of fees/charges must comply with regulations (content, fee level, collection authority) as prescribed in Circular No. 263/2016/TT-BTC;

- Localities collect fees within their authority to handle administrative procedures (decentralized);

- The National Office of Intellectual Property collects fees/charges related to the Office's work content, including: publication and registration fees.

b) Specialized agencies under the People's Committee of the province/city shall:

- Calculate and notify fees/charges corresponding to the work content performed locally (if any);

- Instructions for people and businesses to pay fees and charges to the Provincial People's Committee and publication/registration fees to the National Office of Intellectual Property according to the following information:

Recipient: Office of Intellectual Property

Account number: 1038988888

Bank: Joint Stock Commercial Bank for Foreign Trade of Vietnam ( Vietcombank )

Payment method: Bank transfer or scan QR code at the link: https://ipvietnam.gov.vn/huong-dan-nop-don-phi-le-phi-shcn-online.

Instructions for recording the transfer content: TTCT [Transaction Procedure Code] [Applicant's Name]

- Send information about the applicant to the National Office of Intellectual Property (via the National Office of Intellectual Property's Administrative Procedures Handling Information System at: https://dichvucong.ipvietnam.gov.vn/ to confirm the amount of fees paid and look up the fee receipt for the applicant.

c) The Intellectual Property Office shall:

- Check, compare and confirm the amount of fees and charges paid to the National Office of Intellectual Property through the National Office of Intellectual Property's Administrative Procedures Handling Information System at: https://dichvucong.ipvietnam.gov.vn/.

- Send electronic receipts via email to applicants; notify or send fee receipts to specialized agencies under the provincial People's Committee (via the Information System for handling administrative procedures of the National Office of Intellectual Property).

- Check data with localities periodically or upon request to ensure no duplicate/incorrect collection.

8. Providing results of local administrative procedure settlement

a) Within 01 month from the date of issuance of the decision to resolve administrative procedures, the specialized agency under the People's Committee of the province/city shall send the decision to resolve administrative procedures to the National Office of Intellectual Property for publication and registration according to regulations.

b) Administrative procedures handled by localities are related to other procedures being carried out at the National Office of Intellectual Property. The results of the administrative procedure handling are sent to the applicant to supplement the procedures at the National Office of Intellectual Property.

9. Provide information on the status of receiving and handling administrative procedures

- Periodically or suddenly, specialized agencies under the People's Committees of provinces/cities provide information to the National Office of Intellectual Property on the number of administrative procedure dossiers received and processed.

- Information provision time: no later than the 17th of each month;

- Method of providing information: according to the form in Appendix I of the Regulations.

- Time to collect monthly statistics: from the 15th of the previous month to the 14th of the statistical month.

10. Coordination organization

The National Office of Intellectual Property (NOIP) and specialized agencies under the People's Committees of provinces and centrally-run cities shall coordinate to resolve administrative procedures with their respective rights and decentralization on the basis of this Document. During the implementation process, if any problems arise, the units shall promptly report to the NOIP for synthesis, research and proposal of solutions./.

Please read the Instruction Manual here:

Source: https://skhcn.laichau.gov.vn/tin-tuc/tin-kh-cn-trong-tinh/ban-hanh-tai-lieu-huong-dan-trong-giai-quyet-thu-tuc-hanh-chinh-linh-vuc-so-huu-tri-tue-duoc-phan-cap-phan-quyen-theo-ng.html