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A significant legislative change is approaching. Law No. 131/2025/QH15, amending Vietnam’s IP Law, was ratified on December 10, 2025, and will officially take effect on April 1, 2026.
The Key Change: POA Validity
- Under Article 107 of the new Law, the "indefinite validity" of a POA without a specified term is being phased out.
- New Rule: If a POA does not expressly state its validity period, its duration will follow Article 563 of the Civil Code—meaning it will be valid for only one (01) year from the date of execution.
Our Action Recommendations
To prevent the administrative burden of multiple executions for the same matter, we recommend updating all POA templates to include a specific duration clause.
Recommended Language: "This Power of Attorney shall take effect from the date of execution and shall remain in force until a declaration of revocation is made."
Transitional Provisions:
The IP Office of Vietnam has clarified that this provision applies to applications filed on or after April 1, 2026. POAs for pending applications submitted prior to this date without a specified term will maintain their indefinite validity under the current rules.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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