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​ 

June 10, 2026
In March 2026, the Intellectual Property Office of Vietnam (IP Office) issued a decision refusing a trademark application after considering an opposition based primarily on copyright grounds. The outcome is noteworthy because the foreign brand owner had neither trademark registrations nor applications in Vietnam at the time the opposition was filed, and the IP Office has historically applied a stringent approach to oppositions relying on copyright. The Opposition Maurten is a well-known Swedish sports nutrition brand recognized globally for its innovative hydrogel technology, which is designed to help endurance athletes fuel more effectively without gastrointestinal discomfort. The brand’s distinctive logo is characterized by clean lines and a bold black-and-white color scheme, and has long been associated with the company’s performance products. The brand’s logo is displayed above. An identical mark was filed for registration by a Vietnamese trademark squatter. In 2023, a Vietnamese individual filed an application for registration of an identical mark (Application No. 4-2023-38668), a practice commonly observed in Vietnam as trademark squatting. The brand owner engaged Tilleke & Gibbins to assist with strategy and filing an opposition to the mark. At the time, Maurten had no trademark rights or meaningful use in Vietnam, and global marketing data showed only modest figures without any local presence. Thus, to convince the IP Office to refuse the squatter’s application, instead of relying on trademark rights or use evidence, the opposition strategy centered on the copyright protection of the logo itself, as copyright arises automatically in Vietnam upon creation of the work and does not require registration. (It is worth noting, however, that the IP Office has traditionally been cautious in accepting copyright as a basis for refusing trademark applications.) On September 24, 2024, an opposition was filed on three main grounds: confusing similarity, copyright infringement of the artistic work,
Read More
June 10, 2026
For multinational franchisors operating in Thailand, a key risk after franchise termination is that former outlets may continue operating in ways that could easily mislead consumers into believing they remain within the authorized network. To justify such operations, former franchisees often argue that the termination was invalid or ineffective. As a result, these cases are often treated as contractual disputes, making it difficult for franchisors to obtain injunctive relief before a final judgment confirms that the termination was lawful. Franchisors face significant commercial and reputational harm during lengthy proceedings, including consumer confusion, disruption to franchise restructuring, and damage to brand reputation and customer trust. In an encouraging development, the Thai court in a 2025 case responded to the problem of unauthorized post-termination franchise operations by granting interim relief, recognizing broader brand and consumer harm, and awarding substantial damages, highlighting a successful litigation strategy of framing the dispute not merely as a contractual termination issue but as trademark infringement causing ongoing commercial injury. The Subway Case From December 2024 to mid-2025, an unauthorized “Subway®” franchise operation in Thailand attracted substantial public and media attention. Reports and online discussions about unauthorized Subway® stores circulated widely after complaints arose about food quality and customer experience at certain outlets that were allegedly operating after their franchise rights had expired. Because these stores continued to use Subway® trademarks, trade dress, and overall commercial appearance, many consumers were unable to distinguish them from authorized operations, resulting in reputational risks and customer confusion that affected the franchisor’s brand and franchise system in Thailand. Subway treated this matter with the utmost seriousness and moved promptly to protect its brand, franchise system, and customers. It filed a civil action with the IP&IT Court seeking a permanent injunction and damages. During the proceedings, the court granted a preliminary injunction
Read More
May 22, 2026
Intellectual property specialists from Tilleke & Gibbins in Vietnam have contributed an updated Intellectual Property Transactions in Vietnam overview for Thomson Reuters Practical Law, an online publication that provides comprehensive legal guides for jurisdictions worldwide. The Vietnam overview was authored by Linh Thi Mai Nguyen, Thanh Phuong Vu, Chi Lan Dang, Son Thai Hoang, and Duc Anh Tran. The chapter provides a high-level examination of key aspects of IP transactions law in Vietnam, including IP assignment and licensing, research and development collaborations, IP in mergers and acquisitions (M&A), lending and taking security over intellectual property rights, settlement agreements, employee- and consultant-created IP, competition law, taxation, and non-tariff trade barriers. Key topics covered in the chapter include: IP assignment: Basis and formalities for assignments of patents, utility models, trade marks, copyright, design rights, trade secrets, confidential information, and domain names in Vietnam. IP licensing: Scope, formalities, and recordal requirements for licensing patents, trade marks, copyright, design rights, and trade secrets. Research and development collaborations: Treatment of improvements, derivatives, and joint ownership of IP, including exploitation and enforcement issues. IP aspects of M&A and security: Due diligence, warranties, transfer formalities, and taking security over intellectual property rights. Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The Intellectual Property Transactions Global Guide is a valuable resource for legal practitioners seeking comparative insight into transactional IP issues across multiple jurisdictions. To view the latest version of the Intellectual Property Transactions in Vietnam overview, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
Read More
May 13, 2026
Laos has significantly broadened its industrial property administrative review framework, most notably by extending it to cover copyright and related rights for the first time. Decision No. 0306/IC on the Administrative Resolution of Disputes Concerning Industrial Property Registration, New Plant Variety Registration, and Copyright and Related Rights Recordation took effect on April 24, 2026, replacing the previous rules from 2023, which had covered only industrial property and new plant variety matters. Decision No. 0306/IC governs how Laos’ Department of Intellectual Property (DIP) and provincial offices handle formal challenges to industrial property registrations and applications. The proceedings covered include oppositions to pending applications, appeals of refused applications, requests for cancellation of existing registrations, and—newly—disputes concerning the recordation and interpretation of copyright and related rights. These administrative proceedings within the DIP are heard by a government-appointed Administrative Dispute Resolution Committee, which functions similarly to the opposition and review boards found in other jurisdictions. Key Changes Decision No. 0306/IC covers four categories of administrative proceedings: Oppositions: Third-party challenges to a pending industrial property application before it is granted. Refusal appeals: Challenges to the DIP’s decision to refuse their application. Cancellation or deletion requests: Applications to invalidate an existing registered right on the grounds that it should not have been granted. Copyright and related rights disputes: Challenges to or interpretations of copyright and related rights recordations, including determinations of whether a work qualifies for copyright protection under Lao law. The most significant development is the committee’s new jurisdiction over copyright matters. The committee is now empowered to resolve disputes concerning copyright and related rights recordation—this includes the authority to determine whether a work qualifies for copyright protection and to interpret the scope of an existing recordation. Parties who believe a competitor has improperly recorded copyright over a work, or who wish to contest
Read More