You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 3, 2026

Draft Decree Has New Measures to Address Online IP Infringement in Vietnam

Subscribe to Updates

On March 16, 2026, Vietnam’s Ministry of Public Security released a draft version of a new Decree on the Prevention and Combating of Cybercrime and High-Tech Crime to replace the currently effective Decree 25/2014/ND-CP. In the draft, the ministry has proposed a comprehensive regulatory framework aimed at addressing violations occurring within the cybersecurity domain, including measures related to intellectual property.

Acts of Online IP Infringement

Article 9 of the draft decree notably introduces specific provisions addressing online intellectual property infringement, with detailed lists of acts considered to constitute infringement in the online environment.

Copyright and related rights infringement includes:

  • Uploading or sharing works, performances, sound recordings, video recordings, broadcasts, computer programs, software, research, documents, theses, or other intellectual creations on digital platforms without the consent of the rights holder.
  • Unauthorized livestreaming of copyrighted television programs, sporting events, or artistic performances.
  • Uploading, sharing, storing, transmitting, or providing links to infringing works or digital content via websites, social networks, applications, or digital platforms.
  • Providing or using software, tools, devices, or access codes to circumvent technological protection measures or evade lawful control mechanisms implemented by rights holders.
  • Using artificial intelligence (AI) tools to replicate the ideas or structure of another person’s work without significant new creativity or without proper attribution, thereby causing damage to the original author.

Industrial property infringement includes:

  • Manufacturing, trading, advertising, or distributing counterfeit goods bearing counterfeit trademarks, geographical indications, or industrial designs, as well as goods infringing industrial property rights through online platforms.
  • Unauthorized registration, appropriation, or use of domain names, account names, or digital identifiers that create confusion regarding the rights holder or the origin of goods or services.
  • Producing, using, or offering for sale products containing all or part of a patented invention via online platforms.
  • Advertising or introducing products with technical features or characteristics identical to those of protected inventions.

In addition to direct infringement, the draft decree also targets supporting and facilitating activities, including:

  • Failing to comply with takedown procedures or intentionally maintaining infringing content after receiving valid notification from rights holders or competent authorities.
  • Facilitating infringement by providing advertising services or payment gateway services to websites hosting infringing content.
  • Establishing or operating websites, applications, e-commerce platforms, online storefronts, channels, groups, or intermediary accounts that organize, support, or facilitate IP infringement.
  • Gaining unlawful profits from infringing activities through advertising, subscriptions, digital payments, payment intermediaries, or other monetization methods in cyberspace.
  • Concealing or legitimizing the origin of infringing goods or digital content, or obstructing the detection, removal, or handling of infringing acts.
  • Other acts conducted via cyberspace that infringe IP rights.

Notable Implications

Several aspects of the draft decree merit particular attention.

  • Expanded enforcement authority for police authorities: The police are granted enforcement authority to take action against infringements involving patents, industrial designs, domain names, and other areas. Such authority has not been clearly provided under existing regulations.
  • Introduction of AI-related copyright provisions: New provisions addressing the use of AI to generate works that may infringe copyright reflect growing regulatory attention to emerging risks associated with generative technologies.
  • New definitions related to industrial property infringement: Some new concepts are introduced, including “counterfeit industrial design goods,” “products containing all or part of a patented invention,” and “products having technical features identical to a protected invention.” These definitions could significantly affect enforcement practices involving industrial property rights.
  • Regulation of contributory infringement: The draft decree explicitly targets supporting or facilitating activities, such as providing advertising services or payment systems to infringing platforms—areas that previously lacked clear regulatory provisions.

Outlook

Although some provisions remain broad and may require further clarification through implementing guidelines, the draft decree represents a significant advancement in Vietnam’s regulatory approach to addressing online IP infringement, and signals a major policy shift by authorities toward strengthening enforcement mechanisms against IP infringement in the digital environment.

If adopted in its current or similar form, the regulation is likely to expand enforcement exposure, particularly for online platforms, intermediaries, and service providers involved in digital ecosystems.

Related Professionals

Industries

Technology

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

September 11, 2025
Thailand’s Securities and Exchange Commission (SEC) has amended its digital asset regulations to permit the offering, trading, and provision of services related to tokenized environmental commodities by licensed digital asset exchanges, brokers, and dealers. This regulatory development is aimed at facilitating Thailand’s green economy and net-zero goals while diversifying the products available in the regulated digital assets market. The environmental commodities currently being traded on certain market platforms and via over-the-counter channels include: Carbon credits: Tradable certificates representing a reduction of CO₂ emitted into the atmosphere. Renewable energy certificates (RECs): Tradable proof of electricity generated from renewable energy sources. Carbon allowances: Tradable permits to emit a capped amount of greenhouse gases. The tokenization of these instruments is essentially the process of converting them into digital tokens, making it possible to list them on blockchain exchanges for trading purposes. Background Tokenized carbon credits, RECs, and carbon allowances fall under the category of utility tokens for consumption purposes or tokens representing entitlement certificates—that is, group 1 utility tokens, which are not considered financial products. The offering, trading, and provision of secondary-market services of this type of token are exempted from licensing requirements for regulated digital asset businesses under the Emergency Decree on Digital Asset Businesses B.E. 2561 (2018). Under the previous regulatory framework, licensed digital asset business operators were not allowed to provide services involving such unregulated tokens, as it was deemed to be engaging in “other businesses,” which digital asset operators generally cannot engage in without prior SEC approval. Regulatory Amendment Under the amended digital asset regulations, licensed digital asset exchanges, brokers, and dealers may now apply for SEC approval to offer services related to these tokenized assets as “other businesses,” including listing them for trading on digital asset exchanges. Apart from requiring operators to comply with the general conditions
Read More
September 4, 2025
With advancements in health technology, telemedicine has taken on a wider online presence in Thailand. Under the Medical Facility Act, licensed clinics and hospitals may now diagnose, prescribe, and issue electronic prescriptions during a video call, provided they maintain patient confidentiality and proper recordkeeping. As a complementary concept, a telepharmacy allows a pharmacist to verify prescriptions, counsel patients, and dispense medication from a remote site. Hospitals, clinic chains, and some retail pharmacy groups have adopted “drive-thru” or “locker” pick-up points where drugs are bagged only after a real-time video consultation with a registered pharmacist. The clear benefits of telehealth include shorter waiting times and broader access to specialists, which is in the public interest. Drug Distribution and Advertising in Thailand The online pharmacy ecosystem creates a legal bridge in that once a teleconsulting doctor issues an e-prescription, a licensed pharmacy can lawfully dispense and deliver the medicine prescribed to the patient’s door. Nonetheless, the critical compliance component remains the advertising of medicinal drugs. It is still not allowed to advertise prescription/pharmacy-dispensed drugs to the public in Thailand. Although Thailand’s Drug Act of 1967 was written more than half a century ago, it still governs the trading of every medicinal drug that makes its way to consumers in Thailand—whether bought at a pharmacy or delivered with a few taps on a smartphone. First and foremost, the pharmacy must hold a license to sell medicinal drugs as a retailer. It is also mandatory that arrangements be made for a pharmacist to be on duty during opening hours. Drugs are classified into three main categories: prescription drugs, pharmacy-dispensed drugs, and over-the-counter (OTC) drugs. The listing of OTC drugs with their prices via an online platform is allowed, as only OTC drugs may be advertised directly to the public. However, naming or showing
Read More
September 2, 2025
Thailand’s National Space Policy Committee (NSPC) has proposed new regulations that would permit foreign satellite operators to provide services within the country. The draft announcement responds to rapid advancements in digital and space technologies that have led to new global satellite operators expanding their services worldwide, including into Thailand. These include low-Earth-orbit (LEO) satellite constellations offering high-speed internet, nonterrestrial network (NTN) technologies that integrate terrestrial and satellite communications, and direct-to-device (D2D) technologies that transmit signals directly from satellites to mobile devices without relying on terrestrial networks. The draft aims to replace the existing announcement, which was issued in 2021, to better align with current national policies on foreign satellite usage. The draft announcement was published for public consultation on August 20, 2025, with the comment period concluding on September 3, 2025. Applying for Authorization Two types of operators may apply for authorization: Thai operators who intend to use foreign satellites owned by World Trade Organization (WTO) member countries to provide satellite communication services to third parties; and Foreign operators of satellites owned by WTO member countries who intend to operate a business providing satellite communication services within Thailand. Applications for approval must be submitted to the National Broadcasting and Telecommunications Commission (NBTC) according to the NBTC’s established procedures. In considering whether to permit foreign satellites to provide services within Thailand, the relevant authority will take into account technical justifications, economic benefits, social benefits, and national security considerations. Determining Satellite Ownership The determination of which country qualifies as the owner of a satellite is based primarily on the country that holds the satellite network filing rights registered with the International Telecommunication Union (ITU). The satellite network filing includes details regarding frequency usage, orbital positions, and technical specifications of the satellite operations. It serves as a regulatory tool used by the
Read More