Vietnam’s 2015 Penal Code, which took effect on January 1, 2018, introduced the concept of corporate criminal liability to Vietnam. For the first time, companies could be held criminally liable for an assortment of offenses, including intellectual property crimes (under Articles 225 and 226 of the Penal Code). However, the enforcement of the corporate criminal liability provisions was still questioned due to a lack of actual experience of the authorities, including the police and prosecutors.

The Hague Agreement Concerning the International Registration of Industrial Designs (Geneva Act of July 2, 1999 – “1999 Act”) officially took effect in Vietnam on December 30, 2019. Hague System users can now designate Vietnam in an international design application.

On December 24, 2019, the Ministry of Commerce issued a notification on the filing and recording of letters of exclusive importation and distribution of trademarked goods. This notification supplements the 2016 Prakas on the Procedure to Record and File Letters of Exclusive Importation of Trademarked Goods, which required importers with the exclusive right to import goods bearing specific trademarks to record that exclusivity in order to enforce their rights against third parties.

Ever-increasing internet penetration and the proliferation of constant connectivity have sparked new intellectual property protection concerns in recent years. With the e-commerce market in Southeast Asia projected to reach USD 102 billion by 2025, online infringement threatens to dampen this economic surge, and rights holder must rise to meet these new challenges in addition to their conventional methods of combatting infringement.