The Vietnamese government has issued Decree No. 133/2025/ND-CP, effective 1 July 2025, decentralizing certain powers of the Ministry of Science and Technology. A key change is the transfer of authority for reissuing the Certificates or issue duplicate copies of the Certificates from the Intellectual Property Office of Vietnam (IPVN) to provincial-level People’s Committees.
While the shift eases the IPVN’s workload, it also exposes implementation gaps, with several key aspects still unclear under the new regulation.
Unclear Coordination Between Reissuance and Other Procedures
Under current regulations, for procedures such as amendments or ownership transfers of Certificates which were already granted in paper form, the original certificate must be submitted so that updated information can be recorded directly on it. If the original is lost or damaged, reissuance is required first.
According to the new Decree, reissuance is now handled by the provincial-level People’s Committees, while amendments and transfers remain under the jurisdiction of the IPVN.
In complex situations – for example, when the previous owner no longer exists and the certificate is lost – ownership information cannot be updated (to new owner) without first reissuing the certificate. However, reissuance also requires updated ownership information (to new owner), which has not been recorded due to the missing certificate.
This lack of coordination creates a legal deadlock: the certificate cannot be reissued without updated ownership records, and ownership cannot be updated without the original certificate — leaving the new owner with no clear legal pathway.
Power of Attorney Uncertainty
The Decree provides no guidance on whether previously submitted copies of power of attorney (PoA) to the IPVN can be reused. If original PoAs are required for filings at the provincial level People’s Committees, it may burden IP holders who have already authorized local IP agents and have no replacement documents.
Lack of Clarity on Geographic Jurisdiction
The Decree provides no clear guidance on the geographic scope of authority for provincial-level People’s Committees in handling the reissuance of IP Certificates. It remains uncertain whether applicants/IP agents must file in their place of residence, their business’s registered location, or where the original certificate was issued. This ambiguity raises practical concerns – such as whether a certificate holder based in Hanoi can submit a request in Ho Chi Minh City – leading to confusion for both applicants and their IP representatives.
Undefined Receiving Authority
The Decree assigns reissuance duties to provincial-level People’s Committees but fails to specify which internal department will handle applications. This lack of clarity may confuse applicants and delay processing.
Looking Ahead
It is hoped that the Ministry of Science and Technology, the provincial-level People’s Committees and the IPVN, will soon issue clear and practical guidance to ensure smooth implementation and prevent confusion for applicants navigating the new system.
By Nguyen Thi Le Na and Dinh Thi Thuy Trang
Patent Department
