A Guide to Patent Translation in Vietnam: Key Regulations and Rules

Patent applications in Vietnam require Vietnamese translations. This guide covers when translations must be filed, exceptions for late submission, translator qualifications, provisional filing options, and amendment windows. All references are to the Intellectual Property Law (as amended 2022) and implementing regulations.

1) When Vietnamese must be filed

For all patent applications, the Vietnamese translation of the specification, claims, abstract, and drawings must be submitted at filing (Art. 108.1.b, IP Law). English or other foreign language documents alone are not sufficient for formal filing.

Note: PCT national-phase deadline is 31 months from the earliest priority date.

2) Late submission of Vietnamese translations

Late submission is allowed only in cases of force majeure or objective obstacles preventing timely filing (Art. 102.3). Examples include natural disasters, serious illness, or postal delays. The applicant must prove the obstacle and submit the translation as soon as it ends. In practice, this is rare and strictly reviewed—do not rely on it as a strategy.

Tip: For tight deadlines, file a provisional Vietnamese translation (minimum compliant) and amend later (see §5).

3) Translator qualifications

Translations should be done by a "qualified translator". While no formal certification is required for filing, the translator should have expertise in the technical field and Vietnamese patent practice. Inaccuracies can lead to office actions or invalidation risks.

Best practice: Use a patent-specialized translator or agency. Self-translation by applicants is allowed but discouraged for complex inventions.

4) Provisional filings and translations

You may submit a rough but complete Vietnamese translation to secure the filing and then replace it later via amendment. The “rough” translation must still satisfy all formality requirements and include every mandatory section (title, field/technical area, background, summary, brief description of drawings, detailed description, claims, abstract). In particular, the claims must be carefully and fully translated at filing—no placeholders or partial translations—since they define the scope of protection.

5) Amendments to translations after filing

Translations can be amended post-filing to correct errors or improve clarity, as long as no new matter is added. Amendments are possible any time before a decision to grant or refuse is issued (Art. 115). This is common for refining translations during examination.

Warning: Amendments broadening scope are prohibited. Always base changes on the original foreign text.

6) Amendments to translations after grant

According to Point 29.3.b) of Decree 65/2023/ND-CP, the patent owner has the right to "Request reduction of one or more independent or dependent points in the scope (claim) of protection recorded in the Patent for Invention or Utility Solution". Thus, amendments to the patent translation after grant are not regulated and can be understood as not permitted.

7) Is it mandatory to submit the English description when filing a patent application in Vietnam?

Only the Vietnamese description is mandatory; the English description is not required. However, the applicant should submit the English version to facilitate the examination process and serve as a basis for future amendments or corrections to the translation.

8) When filing a patent application in Vietnam, can a description in another language (CN, JP, KR, DE, ES, IT...) be submitted instead of English?

Similar to the English version, it is entirely possible to submit a description in other languages (Chinese, Japanese, Korean, German, Spanish, Italian... or any other languages), as long as the Vietnamese description is submitted at the time of filing.

9) Can descriptions in multiple different languages be submitted?

Yes, it is possible, and they can be used as a basis for amending the Vietnamese translation later. However, in Vietnam, examiners are typically proficient in Vietnamese and English, so in addition to the mandatory Vietnamese, it is encouraged to submit the English description over other languages.

10) Recommended workflow

1. Terminology prep: build a VN glossary from drawings, claim terms, and standards (e.g., 3GPP, IUPAC) where applicable.
2. Translate with claim-first focus: prioritize claims, then spec; maintain strict antecedent basis.
3. Technical QA: cross-check formulas, units, parameter ranges, and conditional logic.
4. VN practice check: Ensure "figure" is translated consistently; the FIG. notation should either be preserved or translated into "Hình" throughout the entire specification; remove informal phrasing; polish the abstract in accordance with Vietnamese norms.
5. Final pack-up: generate a clean, file-ready VN document (and bilingual if client requests); run a last consistency pass on terms and numbers.
6. Provisional option (if needed): file minimum-compliant VN, then replace promptly with a fully reviewed translation via amendment.

Quick answers (FAQ)

Q1: Can I submit the English text first and the Vietnamese later?
A: No—Vietnamese must be submitted at filing, except in narrow force majeure/objective obstacle cases (see §2).

Q2: Can I fix translation issues after filing?
A: Yes—through amendments any time before a decision to grant/refuse, provided no new subject matter is added.

Q3: Is a generalist translator acceptable if we review in-house?
A: It’s risky. Vietnamese patent practice and technical nuance demand a domain-specialized patent translator to avoid scope-impacting errors.

Q4: Can I amend the translation after the patent is granted?
A: According to Point 29.3.b) of Decree 65/2023/ND-CP, the patent owner has the right to "Request reduction of one or more independent or dependent points in the scope (claim) of protection recorded in the Patent for Invention or Utility Solution". Thus, amendments to the patent translation after grant are not regulated and can be understood as not permitted.

Q5: Is it mandatory to submit the English description when filing a patent in Vietnam?
A: Only Vietnamese is mandatory, but English is recommended for examination and amendments.

Q6: Can I submit a description in languages other than English?
A: Yes, as long as Vietnamese is provided at filing.

Q7: Can I submit descriptions in multiple languages?
A: Yes, and they can support later amendments, but English is preferred alongside Vietnamese.

How we help

PattransVN delivers file-ready Vietnamese patent translations with strict terminology discipline, claim-first workflows, and VN-practice compliance. For urgent deadlines, we can structure a provisional-then-replace plan that meets formal requirements and minimizes prosecution risk.