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April 3, 2026

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

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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.

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