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

January 30, 2026

Vietnam Issues New Decree on Administrative Sanctions for Copyright and Related Rights

Subscribe to Updates
Managing Intellectual Property

On December 26, 2025, the government of Vietnam promulgated Decree No. 341/2025/ND-CP on administrative sanctions for violations of copyright and related rights (Decree 341), with an effective date of February 15, 2026. The new decree replaces Decree No. 131/2013/ND-CP, as amended, and represents the first comprehensive revision of the administrative enforcement framework in this area in eight years.

Legislative Context and Objectives

Decree 341 reflects Vietnam’s evolving copyright and related-rights framework, particularly in light of the country’s commitments under bilateral, regional, and multilateral treaties governing the digital environment. While the decree retains a number of provisions from the previous regime, it also introduces significant amendments to infringing acts, penalty thresholds, remedial measures, and enforcement procedures.

The primary objectives of the new decree are to (i) enhance the deterrent effect of administrative sanctions; (ii) harmonize sanctions with the 2025 amendments to the Law on Intellectual Property and criminal law principles; and (iii) address enforcement challenges arising from online and cross-border exploitation of copyrighted works.

Expanded Scope of Sanctionable Subjects

Under Decree 341, administrative sanctions apply not only to Vietnamese entities committing infringing acts within Vietnam, but also to Vietnamese and foreign entities that commit acts of infringement on the internet where the protected content is accessed, consumed, or exploited by users in Vietnam.

This expansion reflects the realities of cross-border digital exploitation. However, the decree does not yet provide precise definitions of key terms such as “users” or “consumers” of digital content in Vietnam, which may require further regulatory clarification.

Monetary Penalties and Penalty Structure

The statutory maximum fines remain unchanged, at VND 250 million for individuals and VND 500 million for organizations, but the penalty framework is substantially restructured. Fines are now calibrated based on three core criteria: (i) the amount of illegal profit obtained; (ii) the level of damage caused to the rights holder; or (iii) the value of the infringing goods.

This approach aligns administrative sanctions more closely with criminal law principles and ensures greater proportionality between the infringement and the penalty imposed. However, the monetary fines still appear low compared with the damage suffered by IP holders as a result of copyright infringement.

Substantially Expanded Remedial Measures

One of the most notable developments introduced by Decree 341 is the significant expansion of remedial measures applicable to copyright and related rights infringements, an increase from four to 29.

The introduction of these measures equips authorities with a broader and more flexible toolkit to address both traditional, physical infringements and infringements occurring in the digital environment. Notably, several of these remedies were previously available only through civil litigation.

Key examples include:

  • Mandatory public apologies to the affected rights holder.
  • Mandatory surrender of copyright certificates, which may effectively function as a de facto revocation of the granted rights.
  • Temporary removal or blocking of access to infringing digital content, a mechanism comparable to interim injunctions in civil proceedings.
  • Obligations on infringers to disgorge profits obtained from the infringing acts.

Certain aspects of the new regime remain unclear. In particular, while Decree 341 introduces mandatory public apologies and profit disgorgement as sanctions, there is currently no detailed regulatory guidance on how illicit profits should be calculated or whether such profits are to be treated as a form of compensable damage. As a result, there remains uncertainty as to how these remedies will be applied in practice and how consistently enforcement authorities will interpret and implement them.

Further implementing guidance will therefore be critical to ensuring legal certainty and uniform application of these newly introduced measures.

Expansion of Infringing Acts

The scope of sanctionable conduct has been expanded from 31 to 43 categories of violations, including 35 acts of copyright and related-rights infringement and 8 other administrative violations related to copyright and related rights.

This expansion reflects the increasing complexity of infringement in the digital environment and provides enforcement authorities with clearer legal grounds to address emerging forms of misconduct. One important new provision allows the authorities to impose sanctions on internet service providers if they commit violations, such as failing to provide information about infringers or failing to comply with official orders.

Enforcement Authorities

Decree 341 confirms a broad range of competent authorities, including:

  • People’s Committees at all levels;
  • Inspectors of the Civil Aviation Authority of Vietnam and the Vietnam Maritime and Waterway Administration;
  • Leaders of state management agencies in relevant sectors, including departments under the Ministry of Culture, Sports and Tourism (MOCST);
  • Directors General of the broadcasting, press, and publishing authorities; and
  • Law-enforcement bodies, including the police, border guards, the coast guard, customs, and market surveillance forces.

Notably, the Inspectorate of the MOCST no longer functions as a permanent enforcement body. Instead, the leaders of the MOCST or provincial/city-level Departments of Culture, Sports and Tourism can form ad hoc inspection teams, depending on the nature of the violation.

Procedural Reforms

Decree 341 introduces important procedural safeguards that were absent from the previous framework. These include detailed rules on the form and recipients of mandatory apologies; specific methodologies for calculating illegal profits; and formal grounds for refusing or suspending administrative enforcement where there is a dispute over ownership, scope, duration, or subject matter of copyright or related rights.

These provisions enhance legal certainty and reduce the risk of overlapping or premature administrative action where civil disputes remain unresolved.

Conclusion

Decree 341 represents a substantial modernization of Vietnam’s administrative enforcement regime for copyright and related rights. By expanding the scope of infringements, strengthening remedies, and refining enforcement procedures, the decree is expected to improve the effectiveness of rights protection, particularly in the digital environment.

Rights holders operating in or targeting the Vietnamese market should review their enforcement strategies in light of this new framework and prepare to take advantage of the broader range of remedies and enforcement mechanisms available from February 2026 onward.

This article first appeared in Managing Intellectual Property.

Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

June 27, 2025
Three American giants are actively protecting their intellectual property rights against generative AI, as two legal battles commence on both sides of the Atlantic. In the UK, Seattle-based media company Getty Images accuses UK-based Stability AI of multiple IP infringements. In the US, The Walt Disney Company and Universal Studios are teaming up against Midjourney, an AI startup, with their main ground being copyright infringement. Both cases are centered around questions legal minds have been posing since the introduction of generative AI: Is the output of generative AI an infringement? And who is ultimately responsible for the output, the platform or the user? Getty Images v. Stability AI Getty initially filed a claim in the High Court in 2023, which resulted in Stability applying for reverse summary judgment on the grounds that Getty had no real prospect of success, arguing that their operations took place outside the UK. However, the High Court judge hearing the case decided that the claims brought by Getty did have a real prospect of succeeding in court. Despite this, Stability saw a small victory when the court ruled that the representative action brought by Getty would not succeed due to the difficulties in identifying who qualified for the class. The proposed class was comprised of 50,000 rightsholders who alleged their rights were also infringed. Stability was successful in arguing that identifying these individuals would be challenging due to the unclear definition of the class. This current trial is centered around four main grounds: Copyright infringement. Getty accuses Stability of using content that Getty owns or has an exclusive license for when training their model, Stable Diffusion, resulting in the generated output containing substantial parts of that content. Getty is also alleging secondary copyright infringement, arguing that Stability is importing an article into the UK
Read More
June 26, 2025
As modern business strategies increasingly embrace sustainability, the influence of ESG principles is reshaping product design, packaging, and brand protection. From label-free bottles to the legal importance of 3D marks in Thailand, these developments highlight the growing connection between environmental responsibility and intellectual property. The Rise of ESG ESG principles have become critical in shaping business strategies worldwide. Companies are increasingly required to disclose ESG data, which influences investor decisions, loans, and consumer behavior. Studies show that consumers are willing to pay more for sustainable packaging, and businesses with strong ESG commitments often achieve higher growth rates. Product Minimization Trend One sector experiencing significant transformation is the consumer product industry, where brands worldwide are adapting their packaging to align with ESG principles. A notable approach is packaging minimization, exemplified by Pepsi’s introduction of its first label-free PET bottle in China in 2022. Similarly, in Thailand, several bottled water brands have embraced label-free designs, including Sprinkle drinking water’s “Redesign to Reduce” initiative and other similar efforts. These shifts not only enhance brand perception but are also warmly welcomed by consumers and business associates alike. For instance, Cathay Pacific has introduced label-free bottled water on select flights and cabins as part of their ongoing commitment to boosting onboard recycling efforts. From Design to Distinctiveness with 3D Marks Packaging has evolved into a critical component of brand identity, blending functionality with distinctiveness to strengthen consumer recognition and loyalty. This shift carries significant implications for intellectual property. Protecting these designs is no longer optional but essential, given their substantial commercial value. Securing legal protection—whether through design rights or three-dimensional (3D) trademarks—has become a strategic necessity. In an era shaped by sustainability and innovation, safeguarding distinctive packaging is not just a precaution but a fundamental step in maintaining competitive advantage and ensuring enduring brand
Read More
June 20, 2025
In a decisive move to strengthen its trade position and reinforce commitments under ongoing tariff negotiations with the United States, the government of Vietnam has made a concerted effort to improve intellectual property enforcement within the country. A key catalyst for this was the prime minister issuing a decision requesting all authorities to initiate sweeping enforcement actions to crack down on counterfeit goods across all provinces. Our firm has been actively involved in these operations. Working in close coordination with Vietnam’s Market Surveillance Authority, Customs, and Border Police, the firm has been instrumental in planning, intelligence gathering, and on-site enforcement. Key operations were conducted in major commercial hubs, including Hanoi and Ho Chi Minh City. In Hanoi, we collaborated with Market Surveillance Team No. 1 to inspect a major wholesaler in Hang Giay. These inspections resulted in the seizure of a significant volume of counterfeit perfumes and the identification of key suppliers within the illegal trade network. In Ho Chi Minh City, our firm supported large-scale inspection campaigns at well-known markets, including Saigon Square. Acting on intelligence, authorities executed multiple raids targeting shops and stalls notorious for selling counterfeit branded products. Specialists from our firm provided logistical support and real-time analysis to ensure swift and effective intervention. Beyond Vietnam’s urban centers, efforts extended to critical border zones in northern and central Vietnam. We worked with Customs and Border Police at major checkpoints to inspect high-risk shipments suspected of containing counterfeit goods. These operations led to the interception of several container loads of illicit products. The nationwide campaign also included targeted actions in several provinces known as hubs for storage and distribution. In Bac Giang, Da Nang, Hai Phong, Kien Giang, and Dong Nai, we assisted in coordinated raids on medium- to large-scale warehouses and distribution centers. These inspections uncovered
Read More
June 17, 2025
On January 9, 2025, the Lao official gazette published the newly amended Decision on Trade Inspection Implementation No. 0019/MOIC, dated January 6, 2025. This decision aims to establish principles and rules for trade officers to inspect, fine, and take measures against violators of trade laws and their related regulations on business competition, business operations, and intellectual property rights to protect consumers and business operators in Laos. Changes in Trade Inspection Procedures Previously, trade inspection officers, operating independently under the central Ministry of Industry and Commerce (MOIC) or the provincial-level Department of Industry and Commerce (DOIC), were responsible for administrative raid actions focusing exclusively on intellectual property issues. However, following the enactment of Decision No. 0019/MOIC, trade inspection officers will now be grouped into the Trade Officers Unit, which will also include business competition officers and consumer protection officers. This unit will conduct and participate in raids, considering not only intellectual property laws but also competition and consumer protection laws when imposing penalties on infringers. Trade Inspection Authority Levels Trade inspection implementation is overseen by authorities at three levels: Central level: Department of Business Competition and Trade Inspection, MOIC. The MOIC handles trade inspection work covering all provinces in Laos. Provincial level: DOIC offices in provinces and Vientiane handle trade inspections covering two or more districts. District level: Office of the Industry and Commerce offices in districts. Violations Individuals, legal entities, and organizations violating the newly amended trade inspection decision, the Decree on Trade Inspection, or other related regulations will be educated about the issue, warned, disciplined (for government servants), fined, subject to compensation for damage incurred, or punished by the relevant laws, depending on the gravity of the violation. Trade Violations Violations of trade laws and regulations concerning business operations will result in fines and additional measures. Examples include:
Read More