Legal basis:

The procedures for civil proceedings are stipulated under the following legal texts:

- Civil Procedure Code that took effect from 1 January 2005

- Circular No. 03/NCPL dated 22 July 1989 of the People's Supreme Court guiding the hearing the disputes regarding industrial property.

- Joint Circular No.01/2001/TANDTC-VKSNDTC-BVHTT dated 5 December 2001 between Supreme People Court, Supreme People Procurary and Ministry of Culture and Information, guiding the implementation of some provisions of Civil Code in settlement of disputes of copyright at People Court.

Civil complaint

The IPR owner shall bear the burden of proving the claimed infringement. The complaint submitted to the Court must be accompanied by documentary evidence of the concerned IPR and proof of the infringement, namely:

• Certified copy of protection title (trademark registration certificate, patent,  registration certificate of trademark or patent license

• Evidence proving the infringement, including the information concerning the alleged infringer (name, address, business premises), samples of the genuine and infringing articles, scope of infringement ...,

• The National Office of Intellectual Property's opinion of the acts of the infringement (which is not mandatory by laws but obviously helpful in later proceedings due to the lacking of Judges specialized in the IP field in Vietnam) and

• Advance of costs of trial.

The court of jurisdiction

The competent Court over IPR infringements or disputes shall be the People's Court of the province where the defendant is located. Where one of the parties to the case is foreign, the case shall be under the authority of the People's Court in Hanoi or Ho Chi Minh City.

Urgent Interim Measures

the Court according to its own discretion or under the request by the plantiff - IPR holder or the People's Prosecutor may apply the interim measures at any time during the civil proceeding in order to restrain the dispersal of the infringing articles or evidence of infringement by the infringer. The interim measures may include seizing, suspending the production, maintaining the status quo, prohibiting the circulation of the infringing articles, facilities.

The interim measures may be protested by the defendant - the alleged infringer or suspended by the People's Prosecutor. The alleged infringer is to be indemnified for damages caused by such injunction if the IPR owner's action is finally rejected or partially accepted only.

Conciliation

Conciliation is a compulsory procedure in any civil case. Before the Court decides to bring the case to a hearing, the Court must arrange a conciliation process between the parties. If the agreement is reached between the parties during the conciliation process, the Court will issue the Decision to recognize amicable agreements of the Parties and the case therefore is finalized.

Hearing of a Civil case

The Court will make a decision of hearing at the first instance within 4 months or 6 months,  from the date the court receives the complaint. Within 1 month or 2 months, from the date of issuance of the said decision, the Court shall hear the case. After 15 days from the date on which the court of first instance makes judgment or decision on the case, the parties may appeal to Supreme People's Court, whose judgement or decision shall be final and binding to all.

Outside the remedies of injunction, compensation and/or destruction of counterfeits/ infringing products that the IPR owner may seek, no fine remedies are provided in civil proceedings in the IP field.