Circular No. 102026TT-BKHCN Providing Guidance on Industrial Property Procedures in Vietnam

On March 31, 2026, the Ministry of Science and Technology of Vietnam issued Circular No. 10/2026/TT-BKHCN, providing detailed guidance on the implementation of certain provisions of the Law on Intellectual Property and Decree No. 65/2023/ND-CP, as amended by Decree No. 15/2026/ND-CP, Decree No. 33/2026/ND-CP, and Decree No. 100/2026/ND-CP.

The Circular sets out detailed procedures relating to industrial property rights, including applications for inventions, industrial designs, layout designs, trademarks, and geographical indications. It also provides guidance on procedures for maintaining, renewing, amending, terminating, or invalidating protection titles, as well as procedures for assignment of industrial property rights.

In addition, the Circular regulates the filing and processing of complaints related to industrial property procedures, rules on authorization and representation, publication in the Industrial Property Official Gazette, recording in the National Register of Industrial Property, industrial property representation services, and the provision of industrial property information.

A notable aspect of the Circular is its detailed guidance on application requirements, filing methods, electronic filings, time-limit calculation, formal examination, substantive examination, publication, opposition, and related procedural matters. These provisions help clarify the practical implementation of Vietnam’s updated intellectual property legal framework.

Overall, Circular No. 10/2026/TT-BKHCN contributes to improving the transparency, consistency, and efficiency of industrial property administration in Vietnam. It is an important reference for individuals, businesses, IP representatives, and organizations involved in the registration, protection, management, and enforcement of industrial property rights.

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Decree No. 100/2026/ND-CP Amending Regulations on Industrial Property and Intellectual Property Management in Vietnam

On March 31, 2026, the Government of Vietnam issued Decree No. 100/2026/ND-CP, amending Decree No. 65/2023/ND-CP on the implementation of several provisions of the Law on Intellectual Property concerning industrial property rights, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.

The Decree provides further guidance for the implementation of Law No. 131/2025/QH15, particularly in relation to industrial property, intellectual property enforcement, plant variety rights, geographical indications, and administrative procedures. It addresses several important areas, including the establishment of industrial property rights for subject matters created with the use of artificial intelligence systems, the termination of the exercise of later-arising intellectual property rights where they conflict with earlier rights, and the management and commercial utilization of intellectual property assets.

A key feature of the Decree is its focus on digital transformation in intellectual property activities. It provides for the development of databases and shared digital platforms serving state management of intellectual property, including databases on industrial property, geographical indication management, intellectual property transaction prices, and protection of intellectual property rights. The Decree also recognizes electronic results of administrative procedures as having the same legal validity as paper-based results.

The Decree further introduces provisions on expedited substantive examination for certain invention and trademark applications, procedures for security control of inventions before filing abroad, registration of contracts for the transfer of rights to use industrial property subject matters, and re-issuance or issuance of duplicates of protection titles and related certificates.

In addition, the Decree strengthens the framework for geographical indication management, industrial property representation services, assessment of industrial property rights and plant variety rights, and the handling of goods bearing counterfeit trademarks. These amendments contribute to the modernization of Vietnam’s intellectual property system and support a more transparent, efficient, and digitally connected IP administration framework.

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Official Dispatch No. 38/CD-TTg on Strengthening Measures to Combat, Prevent, and Handle Intellectual Property Rights Infringement

On May 5, 2026, the Prime Minister issued Official Dispatch No. 38/CD-TTg on directing the urgent and decisive implementation of measures to combat, prevent, and handle acts of intellectual property rights infringement. The dispatch was issued in the context of increasingly complex IP infringement activities across various sectors and localities, affecting the investment and business environment as well as the lawful rights and interests of individuals, enterprises, and relevant organizations.

Under the dispatch, the Prime Minister requests ministries, ministerial-level agencies, local authorities, and functional forces to strengthen coordination and mobilize resources to inspect, detect, prevent, and strictly handle acts of intellectual property infringement. Key areas of concern include copyright and related rights infringement, trademark counterfeiting, goods infringing industrial property rights, violations in the digital environment, and infringements involving television signals, films, music, video games, and other digital content.

The dispatch assigns specific responsibilities to relevant authorities, including the Ministry of Public Security, Ministry of National Defence, Ministry of Culture, Sports and Tourism, Ministry of Industry and Trade, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Science and Technology, and People’s Committees of provinces and centrally-run cities. In particular, the Ministry of Science and Technology is assigned to take the lead and coordinate with relevant agencies in implementing assigned tasks, consolidating information, and providing timely guidance for handling arising issues.

Following Official Dispatch No. 38/CD-TTg, the Ministry of Science and Technology issued Official Letter No. 288/BKHCN-SHTT dated May 6, 2026, providing guidance on reporting requirements. Accordingly, ministries, sectors, and local authorities are required to submit daily quick reports from May 7, 2026, and a consolidated report on the results of the intensive implementation period, ensuring that information is complete, accurate, timely, and properly reflects the nature of each case.

The issuance of the dispatch and the reporting guidance demonstrates the Government’s strong direction in enhancing the enforcement of intellectual property rights, protecting the lawful interests of rights holders, consumers, and businesses, and contributing to a transparent, healthy, and internationally aligned business environment.

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Download Official Dispatch No. 38/CD-TTg of the Prime Minister here.

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USTR 2026 Special 301 Report: Vietnam Identified as a Priority Foreign Country for Intellectual Property Concerns

The 2026 Special 301 Report, published by the Office of the United States Trade Representative (USTR), provides an annual review of intellectual property protection and enforcement among U.S. trading partners. The report highlights global developments, market access issues, enforcement challenges, and country-specific concerns relating to intellectual property rights.

In the 2026 report, USTR identifies Vietnam as a Priority Foreign Country, marking the first time in thirteen years that a country has been placed in this category. According to the report, this identification is based on long-standing concerns regarding intellectual property protection and enforcement in Vietnam.

The report outlines several key areas of concern, including online piracy, counterfeit goods, border enforcement, unlicensed software use, and cable and satellite signal theft. USTR states that these issues have affected U.S. copyright-related industries, brands, and other IP-reliant sectors.

At the same time, the report also acknowledges certain enforcement actions taken in Vietnam, including actions against piracy-related platforms and continued engagement between Vietnam and the United States on intellectual property matters. USTR indicates that it will continue to engage with Vietnam and may consider further actions under Section 301 of the Trade Act of 1974.

Overall, the 2026 Special 301 Report provides an important reference for understanding international intellectual property enforcement trends, with particular attention to Vietnam’s current position in the U.S. trade and IP policy framework.

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Vietnam Criminal Code

Summary

This document is the consolidated English version of the Criminal Code of Viet Nam, issued under Consolidation Document No. 135/VBHN-VPQH dated September 5, 2025 by the Office of the National Assembly of Viet Nam. The Criminal Code No. 100/2015/QH13, effective from January 1, 2018, has been amended by Law No. 12/2017/QH14, the Law on Juvenile Justice No. 59/2024/QH15, and Law No. 86/2025/QH15 on amendments to a number of articles of the Criminal Code.

The Criminal Code sets out the legal framework for determining crimes, criminal liability, penalties, judicial measures, and the handling of criminal offences in Viet Nam. It applies to individuals and, in specific cases, commercial legal entities that commit criminal offences as prescribed by law.

The Code provides fundamental principles on the basis of criminal liability, classification of crimes, age of criminal responsibility, intentional and unintentional crimes, preparation for crimes, attempts, complicity, concealment of crimes, and cases where criminal liability may be exempted. It also regulates the effect of the Criminal Code on offences committed within and outside the territory of Viet Nam.

In relation to penalties, the Criminal Code provides primary and additional sentences applicable to individuals, including warning, fine, community sentence, expulsion, determinate imprisonment, life imprisonment, and death sentence. It also sets out penalties applicable to commercial legal entities, such as fines, suspension of operation, permanent shutdown, prohibition from operating in certain fields, and prohibition from raising capital.

The Code further regulates judicial measures, sentencing principles, mitigating and aggravating circumstances, sentence reduction, suspended sentences, conditional parole, deferment or suspension of imprisonment, conviction expungement, and criminal liability of commercial legal entities.

Overall, the Criminal Code serves as a core legal instrument in Viet Nam’s criminal justice system, providing the basis for crime prevention, criminal prosecution, sentencing, enforcement, and protection of the lawful rights and interests of individuals, organizations, and the State.

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Law No.131_2025_QH15_ Amending and Supplementing a Number of Articles of the Law on Intellectual Property

Summary of Law No. 131/2025/QH15 on Amendments to the Law on Intellectual Property

Law No. 131/2025/QH15, passed by the National Assembly of Viet Nam on December 10, 2025 and effective from April 1, 2026, introduces important amendments to the Law on Intellectual Property. The Law updates several key areas, including copyright and related rights, industrial property rights, plant variety rights, intellectual property management, commercialization, digital transformation, artificial intelligence, online infringement handling, and enforcement mechanisms.

One of the notable updates is the recognition of intellectual property issues arising from artificial intelligence systems. The Law authorizes the Government to provide detailed regulations on the establishment of intellectual property rights where intellectual property subject matters are created using AI systems. It also allows the use of lawfully published and publicly accessible texts and data for scientific research, experimentation, and AI training, provided that such use does not unreasonably prejudice the lawful rights and interests of authors and intellectual property right holders.

The Law further strengthens the policy framework for the creation, protection, management, valuation, and commercial exploitation of intellectual property rights. Intellectual property right holders are encouraged to use IP rights in civil, commercial, investment, credit, and other lawful activities. The Law also supports the use of IP rights for capital contribution, licensing, assignment, mortgage, and other commercial purposes, helping intellectual property become a more practical asset in business and innovation activities.

In relation to state management, the Law emphasizes the development of a comprehensive and effective intellectual property ecosystem. It requires the State to ensure funding, infrastructure, facilities, equipment, and other necessary resources for intellectual property management activities. In addition, the Law introduces provisions on digital transformation in intellectual property activities, including the development of digital infrastructure, online public services, digital platforms, databases on IP protection, databases on IP transaction prices, and the application of automation, big data, and artificial intelligence to improve efficiency and transparency.

For copyright and related rights, the Law clarifies several issues concerning copyright registration, related rights registration, re-granting, replacement, and annulment of certificates. Authors, copyright owners, and related rights owners are responsible for the accuracy of information provided in registration applications. The Law also updates provisions concerning computer programs, backup copies, online platform-based software services, and copyright or related rights created using state budget funding.

Regarding industrial property rights, the Law introduces important procedural changes for inventions, industrial designs, trademarks, geographical indications, and layout designs. Applications may be filed in paper or electronic form via the electronic filing system. The Law clarifies application requirements, filing dates, publication timelines, formal examination, substantive examination, opposition procedures, complaint mechanisms, and accelerated substantive examination for certain invention and trademark applications. It also provides clearer rules on the novelty and industrial applicability of industrial designs, including designs of non-physical products in cyberspace.

The Law also amends provisions relating to trademarks and geographical origin signs. Signs indicating the geographical origin of goods or services, particularly those of Viet Nam, are subject to stricter conditions unless they have been widely used and recognized as trademarks or are elements of collective marks or certification marks as provided by law.

For plant variety rights, the Law updates rules on the right to register plant varieties, especially in cases involving science, technology, and innovation tasks using the state budget. It also revises procedures concerning application filing, technical testing, appraisal timelines, grant of plant variety protection certificates, and maintenance fee payment.

A major enforcement-related update concerns intellectual property rights in cyberspace. The Law expands the responsibilities of intermediary service providers and digital platform operators in protecting intellectual property rights online. It also allows competent authorities to apply measures such as removal, concealment, or disabling access to infringing information, content, accounts, websites, applications, or Internet address identifiers.

The Law also strengthens civil remedies for intellectual property infringement. Where material damage cannot be determined based on specific legal grounds, the Court may decide compensation depending on the extent of damage, but the amount must not exceed VND 1 billion. For moral damage, the Court may award compensation from 10 to 100 times the statutory pay rate, depending on the seriousness of the damage.

Overall, Law No. 131/2025/QH15 represents a significant step in modernizing Viet Nam’s intellectual property legal framework. It reflects the growing importance of digital transformation, artificial intelligence, commercialization of intellectual property assets, online enforcement, and the effective management of IP rights in the context of innovation-driven economic development.

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Notice on the Handling of Applications of IP Vietnam

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NEWS ALERT: IP Vietnam Issues Notice No. 333/TB-SHTT on Handling of Applications.

The Law No. 07/2022/QH15 on amending and supplementing articles of the Law on Intellectual Property was enacted by the National Assembly on June 16, 2022 and became effective on January 1, 2023. However, guidelines for the amended law have not been issued, causing difficulties in establishing and protecting IP rights. To address this issue, IP Vietnam issued Notice No. 333/TB-SHTT on February 2, 2023, outlining the handling of applications.

For applications submitted before January 1, 2023, IP Vietnam will continue to process them using existing documents with some minor format modifications. However, for documents related to industrial design, patent, and trademark registration applications, some revisions are required based on the Law on Amendments and Supplements and related decrees and circulars.

For applications submitted from January 1, 2023, IP Vietnam has suspended the issuance of related documents pending review and modification of the document forms. This article will be updated as further guidance from IP Vietnam becomes available.

For further information and assistance, please contact ALIAT LEGAL via contact@aliat.group or dial 1900 5555 38.

Summary of the Madrid Agreement Concerning the International Registration of Marks (1891) and the Protocol Relating to that Agreement (1989)

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The Madrid System for the International Registration of Marks is governed by two treaties:

  • the Madrid Agreement, concluded in 1891 and revised at Brussels (1900), Washington (1911), The Hague (1925), London (1934), Nice (1957) and Stockholm (1967), and amended in 1979, and
  • the Protocol relating to that Agreement, concluded in 1989, which aims to make the Madrid system more flexible and more compatible with the domestic legislation of certain countries or intergovernmental organizations that had not been able to accede to the Agreement.

States and organizations party to the Madrid system are collectively referred to as Contracting Parties.

The system makes it possible to protect a mark in a large number of countries by obtaining an international registration that has effect in each of the designated Contracting Parties.

Who May Use the System ?

An application for international registration (international application) may be filed only by a natural person or legal entity having a connection – through establishment, domicile or nationality – with a Contracting Party to the Agreement or the Protocol.

A mark may be the subject of an international application only if it has already been registered with the trademark office of the Contracting Party with which the applicant has the necessary connections (referred to as the office of origin). However, where all the designations are effected under the Protocol (see below), the international application may be based simply on an application for registration filed with the office of origin. An international application must be presented to the International Bureau of WIPO through the intermediary of the office of origin.

The International Application

An application for international registration must designate one or more Contracting Parties in which protection is sought. Further designations can be effected subsequently. A Contracting Party may be designated only if it is party to the same treaty as the Contracting Party whose office is the office of origin. The latter cannot itself be designated in the international application.

The designation of a given Contracting Party is made either under the Agreement or the Protocol, depending on which treaty is common to the Contracting Parties concerned. If both Contracting Parties are party to the Agreement and the Protocol, the designation will be governed by the Protocol.

International applications can be filed in English, French or Spanish, irrespective of which treaty or treaties govern the application, unless the office of origin restricts that choice to one or two of these languages.

The filing of an international application is subject to the payment of a basic fee (which is reduced to 10 per cent of the prescribed amount for international applications filed by applicants whose country of origin is an LDC, in accordance with the list established by the United Nations), a supplementary fee for each class of goods and/or services beyond the first three classes, and a complementary fee for each Contracting Party designated. However, a Contracting Party to the Protocol may declare that, when it is designated under the Protocol, the complementary fee is replaced by an individual fee, whose amount is determined by the Contracting Party concerned but may not be higher than the amount that would be payable for the registration of a mark, at the national level, with its office.

International Registration

Once the International Bureau receives an international application, it carries out an examination for compliance with the requirements of the Protocol and its Regulations. This examination is restricted to formalities, including the classification and comprehensibility of the list of goods and/or services. If there are no irregularities in the application, the International Bureau records the mark in the International Register, publishes the international registration in the WIPO Gazette of International Marks (hereinafter referred to as “the Gazette”), and notifies it to each designated Contracting Party. Any matter of substance, such as whether the mark qualifies for protection or whether it is in conflict with a mark registered previously in a particular Contracting Party, is determined by that Contracting Party’s trademark office under the applicable domestic legislation. The Gazette is available in electronic form (e-Gazette) on the Madrid system website.

Statement of Grant of Protection or Refusal of Protection

The office of each designated Contracting Party shall issue a statement of grant of protection under Rule 18ter of the Regulations.

However, when designated Contracting Parties examine the international registration for compliance with their domestic legislation, and if some substantive provisions are not complied with, they have the right to refuse protection in their territory. Any such refusal, including an indication of the grounds on which it is based, must be communicated to the International Bureau, normally within 12 months from the date of notification. However, a Contracting Party to the Protocol may declare that, when it is designated under the Protocol, this time limit is extended to 18 months. That Contracting Party may also declare that a refusal based on an opposition may be communicated to the International Bureau even after the 18-month time limit.

The refusal is communicated to the holder of the registration or the holder’s representative before the International Bureau, recorded in the International Register and published in the Gazette. The procedure subsequent to a refusal (such as an appeal or a review) is carried out directly by the competent administration and/or court of the Contracting Party concerned and the holder, without the involvement of the International Bureau. The final decision concerning the refusal must, however, be communicated to the International Bureau, which records and publishes it.

Effects of an International Registration

The effects of an international registration in each designated Contracting Party are, from the date of the international registration, the same as if the mark had been deposited directly with the office of that Contracting Party. If no refusal is issued within the applicable time limit, or if a refusal originally notified by a Contracting Party is subsequently withdrawn, the protection of the mark is, from the date of the international registration, the same as if it had been registered by the office of that Contracting Party.

An international registration is effective for 10 years. It may be renewed for further periods of 10 years on payment of the prescribed fees.

Protection may be limited with regard to some or all of the goods or services or may be renounced with regard to some only of the designated Contracting Parties. An international registration may be transferred in relation to all or some of the designated Contracting Parties and all or some of the goods or services indicated.

Advantages of the Madrid System

The Madrid system offers several advantages for trademark owners. Instead of filing a separate national application in each country of interest, in several different languages, in accordance with different national or regional procedural rules and regulations and paying several different (and often higher) fees, an international registration may be obtained by simply filing one application with the International Bureau (through the office of the home country), in one language (English, French or Spanish) and paying one set of fees.

Similar advantages exist for maintaining and renewing a registration. Likewise, if the international registration is assigned to a third party, or is otherwise changed, such as a change in name and/or address, this may be recorded with effect for all designated Contracting Parties by means of a single procedural step.

To facilitate the work of the users of the Madrid system, the International Bureau publishes a Guide to the International Registration of Marks under the Madrid Agreement and the Madrid Protocol.

The Madrid Agreement and Protocol are open to any State party to the Paris Convention for the Protection of Industrial Property (1883). The two treaties are parallel and independent, and States may adhere to either or both of them. In addition, an intergovernmental organization that maintains its own office for the registration of marks may become party to the Protocol. Instruments of ratification or accession must be deposited with the Director General of WIPO.

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(Q&A) ENFORCEMENT OF IP RIGHTS

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Q 85: What are the steps that the right holders should take to enforce their IP rights in Vietnam?

Here are the general steps that IP right holders should take to enforce their IP rights in Vietnam:

  1. Monitor and identify potential infringement: IP right holders should regularly monitor the market to identify potential infringement of their IP rights. This can include conducting online searches, visiting trade shows, and engaging with customers and distributors.
  2. Gather evidence: If potential infringement is identified, IP right holders should gather evidence to support their claim. This can include photographs, product samples, and witness statements, as well as any relevant registration certificates or other documentation. For trademarks and industrial designs, it is advisable for the right holder to have an Assessment Conclusion from the Vietnam Intellectual Property Research Institute (VIPRI) to support their claim. An Assessment Conclusion is an official opinion provided by VIPRI and can be a powerful evidence in an infringement case. IP right holders may wish to consult with IP agents or law firms to obtain an Assessment Conclusion and other expert guidance and advice on gathering evidence and preparing their case.
  3. Evaluate legal options: IP right holders should evaluate their legal options, including civil and criminal actions, and consider the potential costs and benefits of each option. This may involve consulting with IP agents or law firms to obtain expert guidance and advice.
  4. Send a cease-and-desist letter: IP right holders may send a cease-and-desist letter (C&D letter) to the alleged infringer before initiating legal proceedings. The C&D letter should include a description of the IP right in question, evidence of the alleged infringement, and a clear demand to the alleged infringer to cease all infringing activities. Sending a C&D letter can sometimes resolve the issue without taking further legal actions, especially when the letter is sent by a law firm or IP agent.
  5. File a complaint or initiate legal proceedings: If the C&D letter is unsuccessful, or if the infringement is particularly egregious, IP right holders may choose to file a complaint with the relevant authorities or initiate legal proceedings in court. This may involve working with IP agents or law firms to ensure that the complaint or legal action is properly drafted and filed.
  6. Participate in legal proceedings: In this case, IP right holders should be prepared to participate in the legal proceedings and provide evidence to support their claim. This may involve working with IP agents or law firms to prepare witnesses and expert testimony, as well as presenting evidence to the court.
  7. Enforce any judgments or decisions: If the court finds in favor of the IP right holder, they should take steps to enforce any judgments or decisions. This may involve working with law enforcement agencies to seize infringing products or seeking damages or compensation from the infringer.

Overall, enforcing IP rights in Vietnam can be a complex and challenging process, but taking these steps can increase the chances of success and help to protect the right holder’s interests. It is advisable for IP right holders to seek expert guidance and advice from IP agents or law firms to ensure that they are taking the most effective and appropriate actions.

Q 86: What are the remedies available for IP infringement in Vietnam, and how effective are they?

The available remedies for IP infringement in Vietnam include civil, administrative, and criminal actions.

In civil cases, the court may order the infringer to stop the infringing activities, pay damages to the right holder, and issue a public apology. The damages may include compensation for the actual damages suffered by the right holder, such as lost profits and expenses incurred due to the infringement, or statutory damages, which are calculated based on the level of infringement and the value of the IP right.

In administrative cases, the authority may impose fines on the infringer, order the destruction of infringing goods, or suspend the infringing business activities.

In criminal cases, criminal penalties are only applied to certain types of IP infringement, such as the act of reproducing copyrighted works, sound recordings, or video recordings; distributing to the public copies of copyrighted works, sound recordings, or video recordings; producing and selling goods with counterfeit trademarks or false geographical indications.

The effectiveness of these remedies depends on various factors, including the strength of the evidence presented, the expertise of the lawyers involved, and the efficiency of the legal system. In recent years, the Vietnamese government has taken steps to improve the enforcement of IP rights, including establishing specialized IP courts and increasing penalties for IP infringement. However, some right holders still report challenges in obtaining effective remedies, such as delays in court proceedings and difficulties in enforcing court orders. It is advisable for IP right holders to seek expert guidance and advice from IP agents or law firms to maximize the chances of obtaining an effective remedy.

Q 87: How do IP rights holders gather evidence of infringement in Vietnam, and what are the legal requirements for presenting evidence in court?

IP right holders in Vietnam can gather evidence of infringement through various means, such as taking photographs or videos of infringing activities, collecting samples of infringing products, and interviewing witnesses. They can also request information from the relevant authorities, such as customs or market management agencies, to obtain information about shipments or sales of potentially infringing goods.

When presenting evidence in court, IP right holders must comply with the legal requirements set out in the Code of Civil Procedure. Evidence must be relevant, reliable, and obtained legally. It is important to note that the burden of proof lies with the plaintiff, and the court will only accept evidence that is presented in a proper and admissible manner.

To be admissible, evidence must be submitted in writing or in a format that can be recorded, such as audio or video recordings. Documentary evidence should be accompanied by an explanation of its origin and authenticity, and any translations should be certified by a competent authority or translator. Witnesses must be present in court to testify, and their statements must be consistent with other evidence and not contradicted by other facts in the case.

In addition to the above, it is important to note that IP right holders must comply with the legal requirements for gathering evidence in Vietnam. For example, they must respect the privacy rights of individuals and cannot engage in illegal or unethical activities, such as trespassing or hacking into computer systems. IP right holders should consult with a law firm or IP agent to ensure that they gather evidence in a legal and proper manner.

Q 88: What is the role of Vietnamese law enforcement agencies in IP enforcement, and how can IP right holders work with them to protect their IP rights?

In Vietnam, law enforcement agencies such as the police, customs, and market management agencies play a crucial role in IP enforcement. They are responsible for investigating and prosecuting IP infringement cases, as well as implementing measures to prevent the import, export, or sale of infringing goods.

IP right holders can work with these agencies to protect their IP rights by providing information about potential infringement, such as the location of infringing goods or the identity of suspected infringers. They can also request assistance from the authorities in conducting raids or seizures of infringing goods. In some cases, enforcement agencies may take proactive measures, such as conducting inspections of markets or ports to identify and seize infringing goods.

To work effectively with enforcement agencies, IP right holders should have a good understanding of the relevant laws and regulations, as well as the procedures for reporting and pursuing IP infringement cases. They should also have a clear strategy for protecting their IP rights and be prepared to provide evidence and other support to the authorities.

IP right holders can also work with a law firm or IP agent to navigate the complexities of IP enforcement in Vietnam and to ensure that their rights are properly protected. An experienced legal professional can provide advice on the legal options available, help to gather evidence of infringement, and represent the company in negotiations or legal proceedings with the authorities or infringers.

Q 89: What are the costs associated with pursuing an IP enforcement action in Vietnam, and how can IP right holders budget for these expenses?

The costs associated with pursuing an IP enforcement action in Vietnam can vary depending on a range of factors, including the complexity of the case, the type of IP right involved, and the level of legal representation required.

Some of the costs that IP right holders may incur in pursuing an IP enforcement action in Vietnam include:

  1. Legal fees: This can include fees for consulting with an IP agent or a law firm, as well as fees for drafting legal documents and representing the company in court.
  2. Costs for gathering infringement evidences: IP right holders may need to hire collaborators to gather evidence of infringement, which can include the costs of travel, surveillance equipment, and other expenses.
  3. Governmental fees: Fees associated with filing legal actions in court, such as filing fees, service fees, and other administrative costs.

To budget for these expenses, IP right holders should first consult with an IP agent or law firm to get an estimate of the likely costs involved in pursuing an IP enforcement action in Vietnam. They should also consider the potential benefits of enforcing their IP rights, such as increased revenue and market share, as well as the risks of not acting, such as damage to their brand and reputation.

Q 90: What are the risks and potential pitfalls of IP enforcement in Vietnam, and how can IP right holders minimize their exposure to legal and reputational harm?

Enforcing IP rights in Vietnam can be a complex and challenging process, and IP right holders should be aware of the potential risks and pitfalls before embarking on such actions. Some of the risks and potential pitfalls of IP enforcement in Vietnam include:

  1. Counterclaims: The alleged infringer may assert counterclaims against the IP right holder, such as claiming that the IP right is invalid or that the IP right holder is engaged in anti-competitive behavior.
  2. Time and expense: IP enforcement actions can be time-consuming and expensive, with no guarantee of success. IP right holders should carefully consider the costs and benefits of pursuing legal action and consider alternative dispute resolution methods.
  3. Reputation: Pursuing IP enforcement actions can result in negative publicity and harm to a company’s reputation, particularly if the action is seen as aggressive or disproportionate to the alleged infringement.
  4. Cultural and language barriers: IP right holders may face challenges in navigating the legal system in Vietnam, which can have different cultural and linguistic norms than those in the company’s home country.

To minimize the above risks and potential pitfalls, IP right holders should consider the following solutions:

  1. Conduct a cost-benefit analysis: IP right holders should carefully assess the costs and benefits of pursuing legal action, including the potential risks and pitfalls, and explore alternative dispute resolution methods.
  2. Seek professional advice: IP right holders should consult with experienced IP lawyers and agents in Vietnam who can provide advice on the legal landscape, cultural norms, and best practices for IP enforcement.
  3. Maintain a professional and respectful approach: IP right holders should adopt a professional and respectful approach in all communications and actions related to IP enforcement in Vietnam, and avoid taking actions that may be perceived as aggressive or disproportionate.
  4. Monitor and protect IP rights proactively: IP right holders should take proactive measures to monitor and protect their IP rights in Vietnam, such as registering their IP rights and conducting regular audits of their IP portfolio.
  5. Develop relationships with enforcement agencies: IP right holders should seek to develop positive relationships with Vietnamese enforcement agencies and work collaboratively with them to protect their IP rights.

Q 91: How do IP laws and regulations in Vietnam address online infringement, and what strategies can IP right holders use to protect their IP rights in the digital realm?

In Vietnam, IP laws and regulations address online infringement through various provisions related to copyright, trademarks, domain names, and e-commerce. The IP Law, for example, provides for the protection of copyright and related rights in digital form, including through technical measures such as encryption and digital watermarks.

To protect their IP rights in the digital realm, IP right holders can use several strategies, such as:

  1. Monitoring: IP right holders can monitor online platforms and marketplaces for potential infringement of their IP rights, including websites, social media, and e-commerce platforms.
  2. Enforcement: IP right holders can take legal action against infringers, including sending C&D letters, filing complaints with relevant authorities, and pursuing civil or criminal litigation.
  3. Domain name protection: IP right holders can protect their trademarks by registering relevant domain names and taking legal action against cybersquatters or domain name hijackers.
  4. Collaboration: IP right holders can collaborate with online marketplaces and platforms to implement IP protection measures, such as takedown procedures for infringing content and tools for reporting infringement.
  5. Education: IP right holders can educate their employees, customers, and partners on the importance of respecting IP rights, and promote awareness of the risks and consequences of online infringement.

However, there are still potential risks and pitfalls associated with online IP enforcement in Vietnam, such as:

  1. Difficulties in identifying infringers: Online infringement can be difficult to detect and identify, and infringers may operate from jurisdictions outside of Vietnam.
  2. Lack of effective enforcement mechanisms: Although Vietnamese laws and regulations provide for protection of IP rights online, the enforcement mechanisms may not be fully effective in practice.
  3. Reputational risks: Pursuing aggressive enforcement actions, such as takedowns or litigation, may lead to negative publicity and damage the company’s reputation.

To minimize exposure to these risks and pitfalls, IP right holders should consult with IPenforcement experts in Vietnam, conduct thorough due diligence and risk assessments before acting, and implement a comprehensive IP protection strategy that takes into account both online and offline risks.

Q 92: How can foreign companies work with local lawyers and IP experts to navigate the complexities of IP enforcement in Vietnam, and what factors should they consider when selecting a local partner?

Foreign companies can work with IP experts to navigate the complexities of IP enforcement in Vietnam by following these steps:

  1. Conduct thorough research: Before selecting a local partner, foreign companies should conduct thorough research and due diligence to identify potential candidates. This may involve consulting with industry contacts or legal directories, reviewing online profiles and testimonials, and assessing the partner’s track record and expertise in IP enforcement in Vietnam.
  2. Assess communication and language skills: Given the language barrier, foreign companies should ensure that their local partner has excellent communication and language skills, both in English and Vietnamese, to ensure effective communication and collaboration throughout the enforcement process.
  3. Review relevant experience: It is important to review the local partner’s relevant experience and expertise in IP enforcement, particularly in the relevant industry sector. This can help ensure that the partner is well-versed in the relevant legal and regulatory requirements and can effectively represent the foreign company’s interests.
  4. Evaluate resources and capabilities: Foreign companies should evaluate their potential partner’s resources and capabilities to ensure that they have the necessary tools, technology, and personnel to effectively conduct investigations, gather evidence, and pursue legal action as needed.
  5. Clarify expectations and communication protocols: To ensure a successful partnership, foreign companies should clarify their expectations and establish clear communication protocols with their local partner. This can help ensure that everyone is aligned on goals, timelines, and communication channels, and can minimize misunderstandings or miscommunications that could impact the enforcement process.

Overall, foreign companies should carefully evaluate potential local partners based on their experience, communication skills, and resources, and establish clear expectations and communication protocols to ensure a successful partnership for IP enforcement in Vietnam.

Q 93: What are the benefits of pursuing alternative dispute resolution (ADR) options in IP cases in Vietnam, and what are the most common ADR mechanisms used in the country?

Alternative dispute resolution (ADR) options can offer several benefits in IP cases in Vietnam, including faster resolution, lower costs, and the ability to preserve business relationships. Some of the most common ADR mechanisms used in Vietnam include negotiation, mediation, and arbitration.

Negotiation involves direct discussions between the parties to reach a mutually acceptable agreement. It is typically the simplest and least formal ADR option but may not be appropriate in cases where the parties have significant differences in bargaining power.

Mediation involves a neutral third party who assists the parties in reaching a voluntary settlement. The mediator does not impose a decision but instead helps the parties to explore options and find common ground. Mediation is often quicker and less expensive than litigation and can preserve business relationships.

Arbitration involves a neutral third party who acts as a decision-maker and imposes a binding decision on the parties. The decision is generally final and enforceable, but the arbitration process can be more expensive and time-consuming than mediation.

When selecting a local partner for ADR in Vietnam, foreign companies should consider factors such as the partner’s expertise in IP law, their experience in ADR proceedings, their reputation and track record, and their familiarity with local customs and practices. Companies may also want to consider the partner’s language abilities and their ability to communicate effectively with both foreign and Vietnamese parties. It is important to choose a partner with whom the company can establish a strong working relationship based on mutual trust and respect.

Q 94: How can companies stay up to date on the latest developments in IP law and practice in Vietnam, and what resources are available to help them do so?

Staying up to date on the latest developments in IP law and practice in Vietnam is essential for companies to effectively protect and enforce their IP rights. Here are some resources that can help:

  1. Legal and IP firms: Working with local law firms and IP experts is one of the most effective ways to stay up to date on the latest developments in IP law and practice in Vietnam. These firms can provide tailored advice on specific issues and help companies navigate the complexities of IP enforcement in the country.
  2. Industry associations: Industry associations can be a valuable resource for companies looking to stay up to date on the latest developments in their sector. Many associations have dedicated IP committees that monitor IP law and practice in Vietnam and provide guidance to members.
  3. Government agencies: The Vietnamese government has several agencies that are responsible for IP protection and enforcement, including the Intellectual Property Office of Vietnam (IPVN) and the Market Management Bureau. These agencies can provide information on the latest legal developments and help companies navigate the IP enforcement process.
  4. Online resources: There are several online resources that companies can use to stay up to date on the latest IP developments in Vietnam. These include the IPVN website, which provides information on IP laws and regulations in Vietnam, and the website of the Vietnam Intellectual Property Association (VIPA), which provides news and updates on IP developments in the country.
  5. Seminars and training: Attending seminars and training sessions on IP law and practice in Vietnam is another effective way for companies to stay up to date on the latest developments. These events are often organized by law firms, industry associations, and government agencies and provide an opportunity for companies to network with other stakeholders and gain insights from experts in the field.

Q 95: What are the legal and practical considerations that companies should take into account when choosing between civil and criminal enforcement actions in IP cases in Vietnam?

When choosing between civil and criminal enforcement actions in IP cases in Vietnam, companies should consider both legal and practical considerations.

From a legal perspective, civil enforcement actions are typically less complex and costly than criminal enforcement actions. Civil actions can result in the award of damages or injunctive relief, while criminal actions can lead to fines, imprisonment, or both. However, criminal actions may provide stronger deterrence against future infringement and can result in the seizure or destruction of infringing goods.

From a practical perspective, companies should consider the likelihood of success in their enforcement actions. Civil enforcement actions generally require a lower burden of proof than criminal actions, which require evidence beyond a reasonable doubt. Additionally, criminal actions may involve lengthy investigations and trials, which can be costly and time-consuming. It is important to note that there are just some types of infringement that are subjected to the criminal actions (see Q 86). Therefore, it is crucial to consider the potential benefits and costs of each type of action before deciding which path to pursue.

Companies should also consider the potential impact on their business reputation and relationships with customers and partners. Criminal actions may draw more attention and scrutiny, potentially causing negative publicity and damage to the company’s reputation. Civil actions may be less visible but can still result in negative perceptions if handled poorly.

Ultimately, the choice between civil and criminal enforcement actions in IP cases in Vietnam will depend on the specific circumstances of each case and the objectives of the company. Companies may benefit from seeking advice from local lawyers or IP experts to assess their options and make an informed decision.

Q 96: What are the typical timelines for IP enforcement actions in Vietnam?

The timelines for IP enforcement actions in Vietnam can vary depending on the complexity of the case and the specific legal procedures involved. Generally, civil actions can take between 9 months to 1.5 years to reach a judgment, while criminal actions can take 1-2 years or more. Appeals can add an additional 6 months to 1 year or longer.

It is important to note that the timelines can vary depending on the specific circumstances of each case. It is also worth noting that Vietnam has made significant efforts to improve the efficiency of its legal system, including the establishment of specialized IP courts, which may lead to more streamlined procedures and faster resolution of cases in the future.

Q 97: What are the most common types of IP infringement in Vietnam, and what are some effective strategies for preventing and addressing them?

The most common types of IP infringement in Vietnam include trademark infringement, copyright infringement, and trade secret misappropriation. To prevent and address these types of infringement, companies can implement a range of strategies, such as:

  • Trademark registration: Registering trademarks with the Vietnamese Intellectual Property Office (IP Vietnam) can help protect against infringement by giving the trademark owner exclusive rights to use the mark in commerce.
  • Copyright registration: Copyright owners can register their works with IP Vietnam, which provides additional evidence of ownership and can help in enforcement actions.
  • Employee training: Educating employees on the importance of IP protection and the potential consequences of infringement can help prevent inadvertent violations and promote a culture of respect for IP.
  • Supplier agreements: Including IP protection clauses in supplier agreements can help ensure that suppliers do not infringe on a company’s IP rights or use its IP for unauthorized purposes.
  • Monitoring and enforcement: Regular monitoring of the market and online platforms can help identify potential infringement, which can then be addressed through cease-and-desist letters, negotiation, or legal action.

By implementing these strategies, companies can better protect their IP rights and prevent infringement. However, it is important to note that no strategy can completely eliminate the risk of infringement, and vigilance and prompt action are key to addressing any instances of infringement that do occur.

Q 98: How does the Vietnamese legal system handle cross-border IP disputes, and what are some of the key challenges and complexities associated with these cases?

Cross-border IP disputes in Vietnam are typically handled through international treaties and agreements, such as the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and bilateral or multilateral agreements between countries.

In general, the Vietnamese legal system recognizes the jurisdiction of foreign courts and arbitration bodies in resolving cross-border IP disputes, although the enforcement of foreign judgments and awards can sometimes be challenging. The Vietnamese courts may also have jurisdiction over cross-border disputes if the infringement occurred within Vietnam or if the defendant is a Vietnamese national or company.

One key challenge in cross-border IP disputes is the differing legal frameworks and enforcement mechanisms in different countries. This can make it difficult to determine the appropriate forum for the dispute and to navigate the various legal systems involved. Additionally, language barriers and cultural differences can also create challenges in communication and understanding between the parties involved.

To address these challenges, companies can work with experienced cross-border IP lawyers and experts who are familiar with the legal systems and cultural nuances of the relevant countries. They can also explore alternative dispute resolution mechanisms, such as international arbitration, which can provide a neutral forum for resolving disputes and avoid the complexities of navigating multiple legal systems.

Q 99: What are some recent trends and developments in IP enforcement and protection in Vietnam, and how are these likely to impact foreign companies doing business in the country?

In recent years, Vietnam has made significant efforts to improve its IP legal framework and enforcement mechanisms, reflecting the country’s increasing importance as a hub for innovation and trade. One notable development was the passage of the Law on Intellectual Property in 2022, which brought Vietnam’s IP regime in line with international standards and included provisions to improve the protection of trademarks, patents, and other forms of IP.

Another trend has been the increasing use of technology in IP enforcement, with a growing number of companies employing online tools and data analytics to identify and track potential infringements. This has been accompanied by greater collaboration between IP rights holders and law enforcement agencies, as well as increased investment in specialized IP courts and tribunals.

However, challenges remain, particularly with respect to cross-border enforcement and the protection of digital IP assets. In addition, there is a need for further education and awareness-raising among businesses and consumers regarding the importance of respecting IP rights.

Overall, the trend towards stronger IP enforcement and protection in Vietnam is likely to benefit foreign companies operating in the country, providing greater certainty and security for their investments and encouraging further innovation and economic growth.

Q 100: What are the key IP-related regulations and policies that foreign companies should be aware of when doing business in Vietnam, and how can they ensure compliance with these requirements?

Foreign companies should be aware of the following key IP-related regulations and policies when doing business in Vietnam:

  1. IP laws and regulations: The primary legal framework for IP in Vietnam includes the IP Law, the Civil Code, and related regulations issued by the Ministry of Science and Technology and other relevant government agencies. Foreign companies should ensure that their IP rights are properly registered and enforced in accordance with these laws and regulations.
  2. Investment and trade agreements: Vietnam is a party to many international trade and investment agreements, including the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the ASEAN Free Trade Agreement (AFTA), and various bilateral investment treaties (BITs). Foreign companies should review these agreements to understand the protections and obligations related to IP that apply to their business in Vietnam.
  3. Customs regulations: Vietnam has implemented customs measures to prevent the import and export of goods that infringe IP rights, including border control measures and detention of suspected infringing goods. Foreign companies should be aware of these regulations and work with Vietnamese customs authorities to protect their IP rights.
  4. Cybersecurity and data protection: Vietnam has issued various regulations and policies related to cybersecurity and data protection, including the Law on Cybersecurity and the Law on Personal Data Protection. Foreign companies operating in Vietnam should ensure compliance with these regulations and implement appropriate measures to protect their IP assets and sensitive data.

To ensure compliance with these requirements, foreign companies should work with local IP experts to navigate the complex regulatory landscape in Vietnam. They should also establish and maintain internal policies and procedures to monitor and protect their IP assets and ensure compliance with relevant laws and regulations.

(Q&A) ESTABLISHMENT OF COPYRIGHTS & RELATED RIGHTS

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Q 59: What is copyright? The basis for the arising of copyright?

Copyright is a form of legal protection that gives creators of original works exclusive rights to control the use and distribution of their works. Copyright law in Vietnam is based on the Vietnamese Law on Intellectual Property, which provides protection for a wide range of creative works.

Copyright automatically arises from the moment a work is created in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered.

Copyright protection applies to both published and unpublished works.

In addition, copyright protection is automatic and does not require registration. However, registering the copyright can serve as evidence in case of infringement and make enforcement of rights easier.

Q60: Works subject to copyright registration?

  1. Literary, art and scientific works can be protected include:
    • Literary and scientific works, textbooks, teaching materials, and other works expressed written letters or other characters;
    • Lectures, addresses, and other speeches;
    • Press works;
    • Musical works;
    • Dramatic works;
    • Cinematographic works and works created by similar methods;
    • Fine art works and applied art works;
    • Photographic works;
    • Architectural works;
    • Sketches, plans, maps, and drawings relevant to topography, architectural or scientific works;
    • Folklore and folk art works;
    • Computer programs and data collections.
  2. Derivative works, if it does not harm the copyright owner’s rights to the work used to create derivative works.

Q 61: What types of works are not protected by copyright in Vietnam?

The following objects are not within the scope of copyright protection:

  1. Purely informative news.
  2. Legal normative documents, administrative documents, and other documents in the field of justice, as well as official translations of such documents.
  3. Processes, systems, methods of operation, concepts, principles, and data.

Q 62: What are related rights in Vietnam?

Copyright-related rights (“related rights”) refer to rights of organizations and individuals to performances, phonograms, video recordings, broadcasts, and encrypted program-carrying satellite signals.

Related rights arise when a performance, phonogram, video recording, broadcast, or encrypted program-carrying satellite signal is fixed or displayed without any prejudice to copyright.

Protected related rights include: Rights of performers; Rights of producers of audio and visual fixation; Rights of broadcasting organizations.

Q 63: What are the benefits of registering a copyright?

In Vietnam, copyright registration is an important step in protecting one’s IP rights. The benefits of copyright registration in Vietnam include:

  1. Legal Protection: Copyright registration provides legal protection for the author’s work. It serves as evidence of ownership, and in the event of infringement, the author can take legal action against the infringing party.
  2. Exclusive Rights: Copyright registration grants the author exclusive rights to reproduce, distribute, perform, and display their work.
  3. Public Notice: Registration puts the public on notice that the work is protected and that the author has rights in the work. It can deter potential infringers from using the work without permission.
  4. Damages and Remedies: Copyright registration can increase the potential for damages and remedies in an infringement suit. Registered works can be eligible for statutory damages, which can be significant.
  5. International Protection: Copyright registration in Vietnam can also facilitate protection in other countries. Vietnam is a member of the Berne Convention and the World Intellectual Property Organization, which provide international recognition and protection for registered copyrights.

Overall, copyright registration in Vietnam is an important tool for authors to protect their IP Rights and to prevent infringement.

Q 64: Is it necessary to obtain a copyright registration certificate for enforcing copyright?

Although copyright law grants automatic protection to works that meet the requirements for copyrightability, obtaining a copyright registration certificate can be beneficial for enforcing and protecting a work. While it is not mandatory to obtain registration, a certificate of copyright registration can serve as prima facie evidence of ownership of the copyright. Although there is no requirement for a deposit or notice of copyright work, it is highly recommended to obtain a certificate of copyright registration to take advantage of its legal benefits.

Q 65: Can foreign citizens or organizations qualify for copyright protection under the provisions of the IP Law of Vietnam?

Vietnam’s copyright law extends protection to both Vietnamese nationals and foreign citizens or organizations, provided that they meet certain criteria.

Specifically, foreign individuals or organizations whose works were first published in Vietnam and have not been published in any other foreign country, or whose works are eligible for protection in Vietnam according to international treaties to which Vietnam is a party, are entitled to copyright protection.

Q 66: How can a foreign individual or company register a copyright in Vietnam?

According to the provisions of the IP Law, foreign individuals or foreign companies can apply for copyright registration for their works in the territory of Vietnam. However, they are not allowed to directly submit the application for registration of copyright but authorizing the licensed copyright representative.

Q 67: What are the requirements for copyright registration?

  1. Application form: The copyright registration application form must be completed and signed by the author or copyright holder.
  2. Eligible works: Only original works that fall under the protection of the Vietnamese Copyright Law can be registered for copyright. These works include literary, artistic, and scientific works.
  3. Work samples: Copies of the works that are being registered must be provided. For computer programs, source code or object codes can be submitted.
  4. Proof of ownership: The applicant must provide evidence of ownership of the work, such as a contract or agreement showing that the author has transferred ownership to the applicant.
  5. Power of attorney: Foreign authors and/or foreign copyright owners must appoint a local copyright qualified agent to apply for copyright registration in Vietnam.
  6. Other documents: Depending on the type of work being registered, additional documents may be required.

It is worth noting that the COV may request additional documents or information during the registration process.

Q 68: Time for obtaining a copyright certificate in Vietnam?

The process typically takes around 1 month, but it may take longer if the COV requests additional information or if there are any complications with the application.

Q 69: What is the duration of copyright protection in Vietnam?

This varies depending on the type of work.

Copyright in works shall include two types: (i) moral rights, and (ii) economic rights.

The moral rights, under Article 19 of Vietnam IP Law, include rights:

  1. To give titles to their works;
  2. To attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used;
  3. To publish their works or to authorize other persons to publish their works;
  4. To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honour and reputation of the author)

The economic rights, under Article 20 of Vietnam IP Law, include rights:

  1. To make derivative works;
  2. To display their works to the public;
  3. To reproduce their works;
  4. To distribute or import the original or copies of their works;
  5. To communicate their works to the public by wireless or landline means, electronic information networks or other technical means;
  6. To lease the original or copies of cinematographic works and computer programs.

The moral rights stipulated in clauses 1, 2 and 4 of Article 19 of Vietnam IP Law shall last indefinitely.

The moral rights stipulated in article 19.3 and the economic rights stipulated in Article 20 of Vietnam IP Law shall enjoy the following terms of protection:

  1. Cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of 75 (seventy-five) years from the date of first publication. For cinematographic works, photographic works and works of applied art which remain unpublished within twenty-five years from the date of fixation, the term of protection is 100 (one hundred) years from the date of fixation. For anonymous works, when information on their authors is published, the term of protection will be calculated under Point b below.
  2. A work not specified at Point (i) is protected for the whole life of the author and for 50 (fifty) years after his/her death. For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author;
  3. The term of protection specified in Points (i) and (ii) above expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term.

Q 70: How does copyright infringement occur in Vietnam, and what are the legal consequences for infringement?

Copyright infringement in Vietnam can occur in many ways, including but not limited to:

  1. Reproducing or distributing copyrighted works without permission: This includes making copies of copyrighted works, distributing them without the owner’s consent, or selling unauthorized copies of copyrighted works.
  2. Public performance or display of copyrighted works without permission: This includes showing or performing copyrighted works in public places such as theaters, bars, or restaurants, without obtaining the proper authorization from the copyright owner.
  3. Adaptation or modification of copyrighted works without permission: This includes making changes to copyrighted works without the permission of the copyright owner, such as translating a work into a different language or creating a derivative work.
  4. Failure to credit the author or owner of a copyrighted work: This involves failing to attribute the copyright owner or author of a work that is being used.

In Vietnam, the legal consequences for copyright infringement can be severe. Those found guilty of copyright infringement may face civil, administrative, and criminal penalties, including:

  1. Civil penalties: The copyright owner can file a lawsuit against the infringer to seek damages or other remedies, such as an injunction to stop the infringing activity.
  2. Administrative penalties: In cases where the infringement is not considered serious, the competent authority may impose administrative sanctions, such as fines or seizure of infringing goods.
  3. Criminal penalties: In cases where the infringement is deemed serious or repeated, the infringer may face criminal prosecution, which can result in imprisonment or substantial fines.

It’s worth noting that copyright infringement can also result in reputational damage to the infringer, which can negatively impact their business or personal life. Therefore, it’s essential to respect the intellectual property rights of others and obtain permission before using copyrighted works.

Q 71: How can copyright owners protect their works against infringement in Vietnam?

Copyright owners in Vietnam can protect their works against infringement through various means, including:

  1. Monitoring: Owners can monitor the marketplace to detect any unauthorized use or distribution of their copyrighted works.
  2. Cease and desist letters: Copyright owners can send cease and desist letters to individuals or companies suspected of infringing their copyright, demanding that they stop the infringing activity.
  3. Negotiation: Copyright owners can negotiate with infringers to reach a settlement that compensates the owner for the infringement.
  4. Legal action: If negotiation fails, owners can pursue legal action against the infringer. This can involve filing a lawsuit in court and seeking a court order to stop the infringing activity and/or seeking compensation for damages suffered as a result of the infringement.
  5. Enforcement by authorities: In some cases, copyright owners can also request the authorities to take action against infringers, such as by seizing infringing copies or taking down infringing content from websites.

It’s worth noting that copyright owners in Vietnam may find it helpful to work with a local attorney who has experience in copyright law and enforcement in the country.

Q 72: How many collective management organizations (CMOs) in Vietnam?

There are currently five collective management organizations (CMOs) in Vietnam:

  1. Vietnam Center for Protection of Music Copyright (VCPMC)
  2. Recording Industry Association of Vietnam (RIAV)
  3. Vietnam Literary Copyright Center (VLCC)
  4. Vietnam Reproduction Right Organization (VIETRRO)
  5. Vietnam Association for Rights Protection of Music Performing Artists (APPA)

In addition, there are several international CMOs that have a presence in Vietnam, including:

  1. International Federation of Reproduction Rights Organisations (IFRRO)
  2. International Confederation of Societies of Authors and Composers (CISAC)
  3. Association of Rights Management for Audiovisual and Cinematographic Works (AGICOA)
  4. International Federation of the Phonographic Industry (IFPI).