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

July 25, 2025

Major Legal Changes Impacting Vietnam’s IP Regime: 2025 Legislative Updates

Subscribe to Updates
Managing Intellectual Property

Over the first half of 2025, the government of Vietnam has implemented a comprehensive suite of legislative reforms that significantly impact the country’s intellectual property (IP) framework. These amendments, most of which took effect on 1 July 2025, span the criminal, civil, administrative, and judicial sectors, and are part of a broader initiative to modernize Vietnam’s legal infrastructure, strengthen enforcement mechanisms, and harmonize domestic regulations with international standards.

A summary of the key legislative changes and their potential implications for IP protection and enforcement across Vietnam is provided below.

Criminal Code: Stricter penalties

Under the 2025 amendments to Vietnam’s Criminal Code, penalties for offenses involving the manufacturing and trading of counterfeit goods have been significantly escalated. Individuals convicted of such violations now face fines ranging from VND 200 million to VND 2 billion (approximately USD 7,700 to USD 77,000; up from VND 100 million to VND 1 billion). For corporate entities, the penalties are even more severe, with fines ranging from VND 2 billion to VND 40 billion (roughly USD 77,000 to USD 1.54 million; up from VND 1 billion to VND 20 billion). These heightened penalties reflect the government’s intensified efforts to deter counterfeit-related crimes and protect consumer rights.

Law on Handling Administrative Violations: Extended statute of limitations and application of electronic procedure

The statute of limitations for addressing administrative violations in the IP sector is still two years. However, in cases where such violations are referred by procedural authorities, this period is extended by one year. The time taken by these authorities to process the case is now included within the overall limitation period.

In addition, the Law on Handling Administrative Violations facilitates the use of electronic procedures, provided that the necessary infrastructure, technical systems, and information conditions are in place. Specifically, enforcement authorities are now permitted to deliver decisions, records, and related documents to violators through digital means such as email, online platforms, and SMS. The adoption of these technologies is expected to improve procedural efficiency and streamline administrative workflows.

Law on Organization of People’s Courts: Specialized courts and jurisdiction

The 2025 amendments called for the establishment of specialized courts at both provincial and regional levels, including dedicated divisions for IP and technology transfer disputes. Pursuant to Resolution No. 81/2025/UBTVQH15, two specialized IP courts have been instituted – one in Hanoi and the other in Ho Chi Minh City. The Hanoi IP Court will exercise first-instance jurisdiction over IP disputes arising in 20 northern and central provinces and cities, while the Ho Chi Minh City IP Court will oversee cases from the remaining 14 provinces and cities nationwide. Appeals from these specialized IP courts will be adjudicated by the relevant provincial-level courts.

Provincial-level courts will continue to exercise first-instance jurisdiction over IP disputes that were filed and formally accepted prior to 1 July 2025. In contrast, IP cases that were initiated and accepted by district-level courts before this date will be transferred to one of the two newly established specialized IP courts.

Additionally, Resolution No. 01/2025/NQ-HDTP by the Council of Judges of the Supreme People’s Court sets out guidance for managing pending cases and delineates authority among court tiers.

Law on Inspection: Inspectorate levels simplified

Inspectorates previously operating under ministries, departments and sectoral agencies, such as those affiliated with the Ministry of Science and Technology, the Ministry of Culture, Sports, and Tourism, or city or provincial-level departments of science and technology, have been officially dissolved. Under the amended Law on Inspection, the inspection framework has been streamlined into two core levels: the Government Inspectorate and provincial inspectorates. However, as of the law’s effective date, 1 July 2025, there was still a lack of implementing guidelines, which are essential for translating the law’s provisions into practical enforcement and ensuring procedural clarity.

Other Key Developments

Trademark-infringing company names: Under Decree No. 168/2025/ND-CP, the business registration framework has been streamlined to accelerate the handling of company names that infringe trademarks. The review period by authorities has been significantly reduced from 10 days to just 3 days, and businesses found to be infringing must now complete the name change procedure within 60 days or face administrative penalties. This reform empowers IP rights holders to combat brand misappropriation more swiftly and effectively.

Targeting e-commerce platforms: Regulations under Decree No. 117/2025/ND-CP, in addition to tightening tax management, mandate that e-commerce traders provide complete and verifiable personal identification or tax numbers. Platforms are required to furnish this data upon request by competent authorities, thereby enhancing the efficiency of investigation and enforcement procedures against online IP infringements.

Defining and handling unsafe drugs: Circular No. 30/2025/TT-BYT from the Ministry of Health introduces a definition of unsafe pharmaceuticals. This includes new provisions for drugs suspected of being counterfeit, substandard, or of dubious origin, along with clear reporting mechanisms for unsafe drug products and protocols for investigating and penalizing entities involved in their distribution.

IP violations removed from advertising law: The provision on advertisements that violate IP regulations is abolished from the revised Law on Advertising. According to the opinions of National Assembly members, the provision of separate regulations was deemed unnecessary, as all acts of infringing IP rights are already prohibited under the IP Law.

Final Thoughts

Vietnam’s 2025 legal reforms constitute a strategic leap toward modernized IP enforcement, and represent a bold and strategic recalibration of the nation’s IP enforcement regime. With the introduction of the specialized IP courts, stricter penalties, digitized workflows, and streamlined inspection processes, the IP landscape is set to become more transparent, accessible, and robustly deterrent. These developments underscore Vietnam’s commitment to strengthening its IP regime in line with international best practices and its obligations under global trade agreements.

This article first appeared in Managing Intellectual Property.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

February 23, 2024
Two of Tilleke & Gibbins’ licensing specialists in Bangkok have contributed the Thailand chapter to the newly issued Licensing 2024, a comprehensive guide from Lexology Panoramic to licensing in various jurisdictions around the world. The Thailand chapter covers the following topics: Laws and licensing arrangements: Unfair Contract Terms Act, Trade Competition Act, pre-contractual disclosure, registration of international licensing, implied obligations, Civil and Commercial Code, Trademark Act, Patent Act, Trade Secrets Act Intellectual property issues: Paris Convention for the Protection of Industrial Property, contesting the validity of licensor’s IP rights, invalidity and expiry of IP rights, security interests, proceedings against third parties, sublicensing, jointly owned IP, first to file, scope of patent protection, trade secrets, copyright Software licensing: Perpetual licensing, legal requirements, user restrictions Royalties and payments, currency conversion, and taxes: Relevant legislation, restrictions, taxation of foreign licensors Competition law issues: Restrictions on trade, legal restrictions, and IP-related court rulings Indemnification, disclaimers, and damages: Prevalence and enforceability of indemnity provisions and contractual waivers of damages Termination: Right to terminate, impact of termination Bankruptcy: Impact of licensee or licensor bankruptcy Dispute resolution: Governing law, arbitration, enforceability, injunctive relief, contractual waivers The Thailand chapter was authored by Alan Adcock, partner, and Kasama Sriwatanakul, counsel, both in the Thailand regulatory affairs team. The full Thailand chapter is available below as a PDF. Tilleke & Gibbins also contributed the Vietnam chapter to Licensing 2024. Readers can gain 30 days of complementary access to the full Licensing 2024 guide and the rest of Lexology Panoramic’s varied offerings through this link.
Read More
February 22, 2024
Myanmar’s Intellectual Property Department (IPD) has released its announcement dated February 9, 2024, stating that it is now accepting applications for registration of copyrights and related rights under the Copyright Law of 2019. The Copyright Law of 2019 entered into force on October 31, 2023, replacing the old Copyright Act of 1914. The Ministry of Commerce (MOC) issued the Copyright Rules in Notification No. 70/2023 on October 23, 2023, setting the required procedures for copyright-related matters in Myanmar. Forms required for registration and related actions regarding copyrights and related rights were issued by the MOC under Notification No. 73/2023 on November 20, 2023. Regarding the official fees, the IP Agency issued Notification No. 1/2024 on February 13, 2024. While copyright protection arises automatically without the need for registration, rights holders can voluntarily apply for registration of their works under the new framework of the Copyright Law of 2019 if they wish to secure stronger evidence of ownership for their works in Myanmar. Applications can be filed by the applicant electronically, in person or through a local representative, or by post. Applicants incorporated or residing outside Myanmar must appoint a local representative to file the application with the IPD. For more information on the voluntary registration of copyrights and related rights in Myanmar, or for assistance in applying to register copyrights, please contact Tilleke & Gibbins at [email protected].
Read More
February 19, 2024
Indonesia is a multicultural country with diverse ethnicities, cultures, and religions, leading to a wealth of cultural creations, knowledge, and traditions. Where such creations, knowledge, and traditions are owned by a certain community and have become part of the identity of that community, they may be protected by Indonesian law as communal intellectual property. One type of communal intellectual property is traditional knowledge. A well-known example is a form of martial arts known as pencak silat. This martial art was traditionally performed when welcoming guests, usually accompanied by gondang borogong music, and is registered as traditional knowledge from Riau, Indonesia. New Regulation on Communal Intellectual Property Traditional knowledge used to be regulated by a number of laws, including three separate ones on copyright, patents, and cultural advancement. However, in December 2022, the Indonesian government issued Government Regulation No. 56 of 2022 on Communal Intellectual Property (“GR 56/2022”), establishing a single set of rules for the definition and protection of traditional knowledge. One of the aims of the regulation is to encourage the registration of communal intellectual property, which was part of the government’s priority program for 2023. Under GR 56/2022, traditional knowledge is defined as ideas and concepts that contain local values resulting from real experiences of interacting with the environment and that are developed continuously and passed on to the next generation. The regulation recognizes the following categories of traditional knowledge: Traditional methods or processes; Technical proficiency; Skills; Learning; Agricultural knowledge; Technical knowledge; Ecological knowledge; Knowledge related to genetic resources; Knowledge of medicine, traditional medicine, and healing procedures; Economic systems; Social organization systems; Knowledge related to the behavior of nature and the universe; and Other forms of knowledge. Traditional knowledge is a moral right belonging to the community, requiring any user of the traditional knowledge to acknowledge its
Read More
January 31, 2024
On January 31, 2024, Myanmar’s Intellectual Property Department (IPD) announced that it would officially start accepting industrial design applications under the Industrial Design Law on February 1, 2024. The IPD made this public in Announcement No. 1/2024, which comes three months after the Industrial Design Law entered into force on October 31, 2023. The Industrial Design Rules, issued by the Ministry of Commerce (MOC) on September 29, 2023, are another key instrument regulating the registration of industrial designs in Myanmar. In addition, the MOC’s Notification No. 71/2023 issued on October 27, 2023, specifies the forms required for industrial design registration and related actions, and the fees are specified by the IP Agency under Notification No. 2/2023, issued on December 29, 2023. Industrial design owners (individuals and legal entities) can file registration applications for new industrial designs with the IPD electronically, in person (directly or through a local representative), or by post. To be registered under the Industrial Design Law in Myanmar, industrial designs must be “new,” meaning that they must not have been disclosed to the public inside or outside Myanmar prior to the application date or the date of priority, if priority is claimed. Owners who wish to apply for and enjoy statutory protection of their industrial designs in Myanmar should start preparing all necessary documents and information for filing as soon as possible. For more information on industrial design registration in Myanmar or assistance in applying to register industrial designs, please contact Tilleke & Gibbins at [email protected].
Read More