A draft law amending and supplementing several provisions of the Intellectual Property Law aims to further simplify administrative procedures and facilitate activities for individuals and businesses. The draft is expected to abolish 18 administrative procedures and cut five business conditions.
On September 21, the Standing Board of the National Assembly’s Committee on Law and Justice held a preliminary review session on the draft law amending and supplementing several provisions of the Intellectual Property Law.
Deputy Minister of Science and Technology Hoang Minh, representing the agency in charge of drafting the legislation, presented the draft law’s key contents.
According to Mr. Minh, the amendments are intended to further institutionalize the Party’s policies on administrative reform, reducing investment and business conditions and streamlining the state apparatus, while promoting the development of science, technology and innovation.
The three-article draft focuses on two main areas: further simplifying administrative procedures and reducing business conditions; and consolidating the state management authority over plant variety rights.
Under the draft, the procedure for registering contracts on the transfer of industrial property rights would be abolished.
The draft would also remove the business condition applicable to intellectual property assessment services. Instead, organizations and individuals providing such services would be required to notify the authorities when they commence operations or provide services. The measure is intended to facilitate business activities while ensuring requirements for State management, inspection and examination.
Deputy Minister Minh said the proposed amendments would abolish 18 administrative procedures and reduce five business conditions, making it easier for individuals and businesses to register, establish and exercise intellectual property rights.
Another notable proposal is to transfer state management responsibility for plant variety rights from the Ministry of Agriculture and Environment to the Ministry of Science and Technology.
The move is intended to establish a single management focal point and make use of existing digital infrastructure, databases and human resources, while linking the protection of plant varieties more closely with science and technology, innovation and the commercialization of intellectual property assets.
The transfer of responsibilities would not require the establishment of a new administrative body or an increase in staffing.
In its preliminary review, the reviewing agency broadly agreed on the need to amend the Intellectual Property Law, particularly the two main policy areas concerning the reduction of administrative procedures and investment and business conditions, and the consolidation of state management authority.
However, the reviewing agency noted that, the Ministry of Culture, Sports and Tourism is expected to take the lead in drafting a Copyright Law and a Cultural Industries Law in 2027. This process could subsequently give rise to the need for a comprehensive revision of the Intellectual Property Law, with the revised legislation potentially taking effect in mid-2028.
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