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​ 

January 17, 2023
Indonesia’s new Criminal Code was passed by Parliament on December 6, 2022, and ratified by the president and promulgated on January 2, 2023, as Law No. 1 of 2023. The new Criminal Code will take effect after three years (i.e., January 2, 2026) and is a complete overhaul of the previous version, much of which was based on Dutch law drafted during the colonial period. The Criminal Code currently in effect (sometimes referred to by the initials KUHP after its Indonesian name), dates from 1918 and was codified and unified in 1946 following Indonesia’s independence the year before. Much of the news surrounding the new Criminal Code has focused on certain controversial passages in the new code, including articles that criminalize insulting the president, cohabitation, blasphemy, and sex outside of marriage, and limit the right to protest. Under the new Criminal Code, anyone found to have violated these provisions could be imprisoned for a period ranging from a few months to a few years. Apart from the more controversial provisions, several articles in the new Criminal Code relate to intellectual property (IP). IP owners should be aware of these provisions in order to avoid committing punishable acts and to understand the criminal enforcement options for their IP rights. The most relevant parts of the law are discussed below. Trademark and Branding Infringement Under the new Criminal Code, the misuse of marks on goods or packaging is punishable by up to four years in prison or a maximum fine of IDR 500 million (approx. USD 32,735), possibly including indemnity. This misuse covers various acts of wrongfully affixing marks on goods or packaging—such as when a counterfeiter makes use of fake or unauthorized branding to falsely imply that goods are genuine. Prosecution of these criminal acts can only commence based on
Read More
January 16, 2023
The January–March 2023 issue of Asia Franchise & Business Opportunities magazine features an article by two franchising specialists in Tilleke & Gibbins’ Bangkok office. Written by Alan Adcock, partner, and Sher Hann Chua, consultant, the article provides a summary of the legislative developments of 2022 most relevant to franchisors and franchisees. The update looks especially at amendments to Thailand’s unfair trade practices in franchising, as well as the far-reaching Personal Data Protection Act, which is reshaping the way businesses—including franchises—are handling the personal data of customers, partners, and employees. The article is accompanied by a Chinese-language summary of the developments. The full article can be read online in the January–March 2023 issue of Asia Franchise & Business Opportunities.
Read More
January 16, 2023
Thailand changed its system for customs recordation and various other customs procedures when its Customs Notification No. 106/2565 on the Export, Import, and Transit of Trademark- and Copyright-Infringing Goods came into effect on July 29, 2022. The revamped system updates the process by which entrepreneurs and brand owners can work with the Customs Department to protect their intellectual property rights (IPRs) from cross-border trade in counterfeit and pirated goods. To support these changes, the Customs Department launched a new platform called the Thai Customs IPR Recordation System (TCIRs) in September 2022. Trademark or copyright owners (or their representatives) can file new customs recordation applications, make changes to information, and renew customs recordation applications via this platform. The filed information will be kept confidential in Thai Customs’ database and will be used as evidence in cases of seizure of counterfeit or pirated goods. The new platform allows submission of information on genuine goods and inspection methods in the form of images and PDF files, which will enhance the effectiveness of the goods verification process of the Customs Department. Customs Recordation through TCIRs Trademark or copyright owners (or their representatives) may file an application specifying information that customs officers can use to verify the authenticity of the goods being exported, imported, or transited through Thailand. The application can be filed with the Enforcement Division of the Customs Department. The information in the application will be kept for three years from the date of receipt (or for the remaining period of trademark or copyright protection, if less than three years). Renewals can be filed no later than 30 days before the expiry date. Any changes in information must be made with the Enforcement Division. Key Takeaways As the legislation has changed to mandate that customs recordation applications go directly to the Customs
Read More
January 13, 2023
On January 12, 2023, Myanmar’s Intellectual Property Department (IPD) announced that the country’s Trademark Law enacted in 2019 is set be enforced in March 2023. While an official notification specifying the effective date of the Trademark Law has not yet been issued, this significant announcement by the IPD indicates the impending implementation of the new trademark framework and alerts mark owners to make the necessary preparations to secure trademark protection in Myanmar under the new legal regime. The announcement confirms that trademark registrations, and the procedures for accepting payments, will commence once the Trademark Law enters into force (assuming there is no significant change from the IPD). Based on the Ministry of Commerce’s order (No. 63/2020) initiating the “soft opening” period, as well as this announcement from the IPD, it is expected that the fees for trademark registration will be issued soon, by a separate notification, before enforcement of the Trademark Law. Subsequently, applicants will be allowed to refile existing marks (recorded under Myanmar’s old system or used in the country), together with payment, up until officials announce the end of the IPD’s soft opening period (i.e., the “grand opening” of the IPD). During this time, existing marks can be refiled with the IPD either in person by the mark owner or online by an IPD-certified local representative. After the announcement of the fees and payment process for trademark registration, all mark owners who had previously filed their existing marks during the soft opening period must also pay the necessary fees for their applications. While subsequent announcements will provide details on exactly how to proceed, owners of marks that qualify to be filed during the IPD’s soft opening period should strongly consider refiling the marks with the IPD as soon as possible—if they have not done so already—to reserve
Read More