Vietnam’s new E-Commerce Law, which took effect on 1 July 2026 along with its implementing Decree No. 248/2026/ND-CP (Decree 248), marks a significant development in the country’s approach to online intellectual property (IP) enforcement, reflecting a clear shift from a reactive model of intermediary liability to one that expects platforms to play a more active role in preventing infringement.

From notice-and-takedown to platform responsibility

The most significant change introduced by the E-Commerce Law is the transformation of the legal role of e-commerce platforms. The existing safe harbor provisions under the IP Law and the copyright notice-and-takedown regime established by Decree 17/2023/ND-CP (Decree 17) largely required intermediaries to act only after receiving notice of infringement. Once infringing content had been removed, the platform’s legal obligation was generally considered fulfilled. The new legislation adopts a fundamentally different approach.

Article 17 of the E-Commerce Law requires intermediary platforms to screen information relating to goods and services before publication in order to prevent listings involving counterfeit or IP-infringing goods, and goods of unknown origin. Rather than relying exclusively on complaints from rights holders, platforms are now expected to implement preventive measures before infringing listings become publicly available.

Decree 248 further requires platforms to update keyword filters based on recommendations issued by competent authorities. These filtering mechanisms are intended to prevent prohibited listings from appearing on the platform and represent a further move away from a purely complaint-driven enforcement model.

The legislation also introduces Vietnam’s first statutory stay-down obligation. Under the E-Commerce Law and Decree 248, major digital platforms must maintain automated systems capable of reviewing, warning against, and removing unlawful listings while also implementing measures to prevent repeat violations, defined under Decree 248 as conduct that has previously been identified and handled by the platform, but continues to recur.

This obligation addresses one of the most persistent challenges in online brand protection. Under the previous framework, counterfeit listings frequently reappeared shortly after removal under different seller accounts or slightly modified product descriptions, forcing rights holders into an endless cycle of repeated takedown requests. The new legislation requires platforms not only to remove infringing listings but also to implement reasonable measures to reduce their reappearance.

Although the legislation does not prescribe any particular technology, compliance will likely require platforms to invest in tools such as image recognition, product fingerprinting, and seller behavior analysis. Whether implementation proves consistently effective remains to be seen, but it is clear that major platforms are expected to take active steps to prevent, rather than merely respond to, online infringement.

A unified enforcement framework for all IP rights

Another significant reform is the expansion of statutory online enforcement beyond copyright. Vietnam’s notice-and-takedown procedure under Decree 17 applies only to copyright and related rights. Trademark owners, patent holders and industrial design owners have traditionally relied on administrative enforcement or civil litigation, neither of which offers the speed or flexibility of platform-level enforcement.

The 2025 amendment to the IP Law and now the E-Commerce Law remove this distinction. These laws prohibit the trading of IP-infringing goods without limiting protection to any particular category of IP, while Decree 248 requires platforms to inspect, review, and promptly remove information relating to any IP-infringing goods upon requests from competent authorities.

The legislation also formalizes cooperation between e-commerce platforms and rights holders. Decree 248 requires platforms to establish publicly available complaint mechanisms through which IP owners may request the review, temporary removal, or blocking of listings showing indications of infringement. Although many major platforms had already introduced voluntary brand protection programs, the new legislation transforms this practice into a statutory obligation.

Notably, the E-Commerce Law does not establish a statutory counter-notice procedure comparable to that available under Decree 17 for copyright disputes. Government-directed removals remain subject to administrative review, while complaints submitted directly by rights holders are generally handled under each platform’s published complaint procedures. Compared with the copyright regime, this approach provides greater certainty for rights holders, although it also places greater responsibility on platforms to maintain fair and transparent complaint mechanisms.

For trademark owners, who account for the majority of online IP enforcement actions in Vietnam, the reforms provide the first dedicated statutory framework for platform-level enforcement.

Enforcement beyond the platform

The 2025 IP Law established a general framework governing intermediary service providers operating in cyberspace. Building on that foundation, the E-Commerce Law and Decree 248 prescribe how those principles apply in the e-commerce context through specific obligations for businesses supporting online transactions, giving practical effect to Vietnam’s broader intermediary liability reforms by extending compliance obligations across the e-commerce ecosystem.

Decree 248 extends these obligations beyond e-commerce platforms to technical infrastructure providers, logistics companies, and payment service providers. Upon requests from competent authorities, these entities may be required to block access to noncompliant platforms, suspend logistics services for infringing goods, or terminate payment services supporting infringing activities.

This significantly strengthens the enforcement framework against commercial-scale online infringement. Rather than focusing solely on individual listings, the legislation enables enforcement authorities to target the broader infrastructure supporting counterfeit operations. In many cases, disrupting payment, logistics, or technical services may prove more effective than repeatedly removing infringing listings.

The E-Commerce Law also strengthens Vietnam’s jurisdiction over foreign platforms. Overseas platforms exceeding specified transaction thresholds with Vietnamese consumers must register with the Ministry of Industry and Trade, establish a legal presence or appoint an authorized representative in Vietnam, and comply with the same obligations as domestic platforms. These localization requirements substantially improve the practical enforceability of Vietnamese law against cross-border platforms.

Looking ahead

Vietnam’s E-Commerce Law represents a significant evolution in the country’s online IP enforcement framework. Many aspects of implementation will continue to develop through regulatory guidance and enforcement practice. Nevertheless, it is clear that Vietnam has moved beyond a purely reactive model of intermediary liability toward one that expects major digital platforms to play an active role in preventing online infringement.

This article first appeared in Managing Intellectual Property.