Procedures for Issuance of an Export Permit for Medical Masks During the Prevention and Control of Covid-19 Epidemic Period

On March 11, 2020, Decision 868/QD-BYT of the Ministry of Health stipulates the issuance of export permits for medical masks in the period of preventing and controlling Covid-19. This Decision applies to agencies and organizations assigned by the Government to export medical masks for the purpose of international aid and assistance under Clause 1 of Resolution No. 20/NQ-CP of February 28, 2020 of the Government.

Accordingly, the Ministry of Health applies the export licensing regime for medical masks in the stage of COVID-19 disease prevention and only allows export for the purpose of international aid and assistance of the Government of Vietnam. Maximum of 25% of output for export, 75% of output for domestic disease prevention and control.

Medical masks must meet the minimum standards of TCVN 8389-1:2010; TCVN 8389-2:2010; TCVN 8389-3:2010 and has a circulation number issued by the competent health authority as prescribed.

A dossier of grant of a medical mask export permit includes: A written request for export license (01 original, made according to form No. 01 promulgated together with this Decision); Valid copies of documents of the Government, the Prime Minister or notices of the Government Office on the assignment of export of medical masks for the purpose of international aid and assistance. For effective preparation of dossiers, it is suggested to consult with import, export and customs lawyers whom specialize in international trade and government regulations.

Within 01 day (within 24 hours) after receiving the complete and valid dossier of the unit, the Department of Medical Equipment and Health Works under the Ministry of Health considers granting an export permit. In case of refusal to grant a permit, the Ministry of Health shall issue a written reply clearly stating the reason. The export permit is sent to the unit requesting the export to submit to the Customs Office when carrying out export procedures.

The Decision takes effect from the date of signing, the unit assigned by the Government to export medical masks is only granted the medical mask export permit when it has all valid dossiers as prescribed. This is to ensure domestic masks for the prevention and control of domestic epidemics.

The changes of laws will be monitored by ANT Lawyers - A law firm in Vietnam.  For advice or service request, please contact us via email ant@antlawyers.vn or call +84 28 730 86 529

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Notification On Application Time Limits for Applicants Affected by Covid-19

Due to social distancing requirements of government to curb the spead of Covid-19, Vietnam government agencies including National Office of Intellectual Properties (NOIP) issues notification to provide instructions to related parties to ensure smooth business operation for not only government officers but also applications and Intellectual Property attorney representing clients in registration, and other IP related works at the NOIP.

IP services in Vietnam

In order to minimize the disadvantages caused by Covid-19 to applicants/industrial property right owners relating to procedures for registration of industrial property rights with NOIP, on March 13, 2020, NOIP has issued the Notification No. 5277/TB-SHTT on application of legal provisions relating to time limits for applicants affected by Covid-19 and transactions between applicants and the NOIP. The specific content is as following:

1. Extension of time limits for applicants affected by Covid-19 in carrying out procedures

All procedures for registration of industrial property rights which are due in the period from 30 March 2020 to 30 April 2020, namely requests for claiming priority rights, provision of supplement documents, responses to decisions/notifications of NOIP, requests for annuities/renewal of the validity of protection titles, payment of all types of fees and charges, lodgement of appeals/oppositions, shall be automatically extended to 30 May 2020.

In other cases, applicants who are still suffering from impacts of Covid-19 in perusing their applications for establishment of the industrial property rights with IP Vietnam, can request for the application of regulations on objective obstacles, force majeure provided for in Points 9.4, 9.5 of Circular No.01/2007/TT-BKHCN amended by Circular No.16/2016/TT-BKHCN.

2. Filing PPH requests PPH agreement between NOIP and the Japan Patent Office

The receiving date of PPH requests will be re-scheduled from May 4^th 2020 instead of April 1^st 2020 as announced earlier by NOIP.

3. Transactions between NOIP and applicants

From April 1^st 2020, all transactions between NOIP (including Headquarters in Hanoi, Representative Offices in Da Nang City and Ho Chi Minh City) and applicants will only be conducted via the postal service or through online filing system until further notice. The payment of fees and charges by applicants is made via the postal service or by bank transfer to IP Viet Nam’s bank account at the State Treasury (pursuant to Notice No. 5241/TB-SHTT dated 27 March 2020) until further notice.

ANT Lawyers - A Law firm in Vietnam is supported by a team of experienced patent, trademark, design attorneys with qualification and skills handling full range of legal services relating to intellectual property rights in Vietnam.  We have specialized in the preparation and registration of patents, trademarks and designs for our clients. To learn more about ANT Lawyers or contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529. Best regard,

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