# When to engage an industrial property representative

Source: https://luatbanquyen.com/en/registration-guide/when-to-hire-an-ip-representative · Updated: 2026-08-17 · Reviewed: 2026-08-17

Foreign applicants must go through a representative; Vietnamese applicants need not. So when is one worth hiring, and how do you pick someone who will not wreck your file.

An industrial property representative is a licensed practitioner who handles procedures before the IP Office on the applicant's behalf. This is a distinct profession — different from a general lawyer or a fly-by-night "filing service" — and that distinction decides who deserves your money.

## When it is mandatory

A foreign applicant not resident in Vietnam **must** act through an industrial property representative. Vietnamese individuals and organisations are not required to.

## When it is worth paying for

"Not required" does not mean "not worth it". Three situations where the fee almost always pays for itself:

1. **Patent applications.** The quality of the claims determines the value of the patent. Too narrow and competitors design around it; too broad and it is refused — this is a skill, not form-filling.
2. **Trademark applications with conflict risk.** When a search shows similar marks already exist, you need someone who can judge the refusal risk and handle oppositions.
3. **International filings** through the PCT, Madrid or Hague — many deadlines and procedures across countries, where one mistake loses your place.

## When you can reasonably self-file

Two situations are safe to do yourself: **copyright registration** for your own work (simple, no substantive examination), and a **simple single-class trademark** with a sign you have searched thoroughly and found clear.

## How to choose a representative

Four things to check before authorising anyone:

- A **current practising certificate** — the register of practitioners is public.
- **The right technical field.** A mechanical, chemical or biotech patent needs someone who understands that field; a trademark specialist is a poor fit for a patent.
- **Experience with your specific filing type**, especially international ones.
- **A clear handover and filing calendar** — deadlines are the one thing you cannot recover once missed.

## Common mistakes

**Handing the file to an unlicensed "filing service".** They may take your money and file wrongly or incompletely, with no professional liability to fall back on as there is with a licensed practitioner.

**Authorising and then disengaging.** An authorisation does not unconditionally transfer responsibility for deadlines to the representative — you must still track the key milestones (priority deadlines, maintenance fee dates) to avoid being caught out. See [renewing and maintaining your titles](/registration-guide/renewal-and-maintenance).

## Cited documents

- [Consolidated document 67/VBHN-VPQH — Law on Intellectual Property](/en/legal-documents/ip-law-consolidated) — In force
- [Decree 65/2023/ND-CP detailing the Law on Intellectual Property regarding industrial property](/en/legal-documents/decree-65-2023-industrial-property) — Partly in force

## Sources

- [Decree 65/2023/ND-CP — establishment procedures and industrial property representation](https://ipvietnam.gov.vn/en/thong-bao/-/asset_publisher/bHEp9KzHjHwY/content/nghi-dinh-65_2023_nd-cp) (65/2023/NĐ-CP)
- [The IP Law — provisions on industrial property representation](https://thuvienphapluat.vn/van-ban/So-huu-tri-tue/Van-ban-hop-nhat-67-VBHN-VPQH-2026-Luat-So-huu-tri-tue-700846.aspx) (67/VBHN-VPQH)

- Previous: [Renewing and maintaining your titles](/en/registration-guide/renewal-and-maintenance)

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Reference material only; it does not replace legal advice on a specific matter.