Do Hague Design Applications Designating Vietnam Require Submission of Priority Documents?

Many International Applicants Misunderstand Vietnam’s Priority Document Requirements

In practice, many international applicants and foreign IP firms assume that submitting a DAS Access Code or uploading a copy of the priority document to WIPO is sufficient for a priority claim to be recognized in Vietnam under the Hague System.

However, under the current regulations and practice in Vietnam, this is an important issue that requires special attention.

Vietnam Still Requires Submission of Priority Documents

For Hague Design Applications designating Vietnam and claiming priority, applicants are required to submit documents proving the right of priority to the Intellectual Property Office of Vietnam (IP Vietnam) within the prescribed time limit.

According to Article 67.8 of Circular No. 10/2026/TT-BKHCN, effective from 1 April 2026: “Where, upon expiry of three (03) months from the date on which the Hague application designating Vietnam is published by the International Bureau, the applicant fails to submit documents proving the right of priority, or submits such documents but they are not accepted by the Intellectual Property Office of Vietnam, the application shall be deemed not to contain a priority claim.”

Therefore, although the application is filed through the Hague System and Vietnam is merely a designated Contracting Party, the priority claim must still be supported by documentary evidence in accordance with Vietnamese regulations.

Can a DAS Access Code Replace a Priority Document?

Based on the current practice of the Intellectual Property Office of Vietnam, a DAS Access Code is not accepted as a substitute for a certified copy of the priority document.

In other words, the following actions alone do not automatically secure recognition of the priority claim in Vietnam:

• Submitting a DAS Access Code;
• Uploading a scanned copy of the priority document to WIPO;
• Claiming priority in the Hague Design Application.

Applicants are still required to submit supporting priority documents in accordance with the requirements of IP Vietnam.

Consequences of Failing to Submit Priority Documents on Time

If the applicant fails to submit the required priority documents within three (03) months from the publication date of the Hague Design Application by the International Bureau, or if the submitted documents are not accepted by IP Vietnam, the priority claim will not be recognized.

As a result:

• The priority date may be lost;
• The international filing date will become the effective filing date in Vietnam;
• Additional prior art may become relevant when assessing novelty;
• The risk of refusal of protection in Vietnam may increase.

Procedure for Filing Priority Documents in Vietnam

The submission of priority documents for Hague Design Applications designating Vietnam is handled in a manner similar to the submission of priority documents for national industrial design applications.

Applicants may appoint a Vietnamese IP representative to:

• Monitor the filing deadline;
• Prepare the required documents;
• Submit the priority documents to IP Vietnam;
• Handle any further requirements or notifications issued by the Office.

Recommendation from WINTER IP LAW

For all Hague Design Applications designating Vietnam and claiming priority, applicants should review their files immediately after publication by WIPO to ensure that the required priority documents are submitted within the prescribed deadline in Vietnam.

Taking timely action can help avoid the loss of priority rights and better protect the applicant’s interests during substantive examination in Vietnam.

If you require assistance with the submission of priority documents or have questions regarding Hague Design Applications designating Vietnam, please contact WINTER IP LAW for professional support.