On 22 September 2006, Vietnamese Government promulgated Decree no. 103/2006/NĐ-CP making detailed provisions and providing guidelines on the implementation of certain Articles of the Intellectual Property Law on industrial property. The Decree has officially taken effect since 21 October 2006 in substitution of the Decree no. 63/1996/NĐ-CP. Scope of application of the Decree concerns holders and contents of, limitations to, and transfer of industrial property right, industrial property representative and measures to impulse the industrial property activities.

According to this Decree, industrial property right to inventions, layout designs, industrial designs, marks and geographical indications shall be established on the basis of a decision from the State administration agency on industrial property to grant Protection Title to the applicant for registration of those objects as provided for in the Intellectual Property Law. Industrial property rights in the marks internationally registered under the Madrid Agreement and the Madrid Protocol shall be established on the basis of recognition of such international registration by the State administration agency. Industrial property rights to well-known marks shall be established on the basis of the widespread use practice of such marks in accordance with the Intellectual Property Law without making registration procedures. Industrial property rights to trade names shall be established on the basis of lawful use of such trade names corresponding to territory and business field without making registration procedures. Industrial property rights to trade secrets shall be established on the basis of financial and intellectual investments or any lawful methods to acquire, create or obtain information and to keep confidentiality of the information which forms such trade secrets without making registration procedures.

The scope of industrial property right to an invention, industrial design, a layout design, mark or a geographical indication shall be determined in accordance with the scope of protection as stated in relevant protection title. The scope of industrial property right to trade names shall be determined according to the scope of protection of trade names, including trade names, business field and business territory in which the trade names are lawfully used by the trade names owner. The registration of a name of an organisation or individual in the business procedures shall not be considered as the use of such name, but as a condition for the use of such name to be considered as lawful. The scope of right to trade secrets shall be determined according to the scope of protection of such trade secrets, including a combination of information forming such trade secrets, as organised in such an exact and complete order that they become exploitable.