Introduction
Vietnam Intellectual Property Law amendments have long been expected.
Why?
For sometime, we have seen clients’ feedback on the delay of the procedures i.e. registration of IP rights, refusal to possible IP violations. Many times, we come across clients feeling hopeless seeking solutions to enforcement of violations of IP rights.
Now, it seems Vietnam is moving into a critical reform period, and one of the most consequential developments is the upcoming Vietnam Intellectual Property Law amendments. This revision cycle is broader than the amendments of 2009, 2019, and 2022. It reflects Vietnam’s economic transformation and the State’s intention to strengthen innovation capacity, align with international commitments, and respond to rapid changes in the digital economy.
The process is already in motion. On October 27th, 2025, the Government formally submitted the Draft Law amending and supplementing a number of articles of the Intellectual Property Law to the National Assembly. The National Assembly then held a plenary debate on November 24th, 2025, focusing on valuation of intellectual property, digital content protection, enforcement mechanisms, and compliance with FTAs such as CPTPP, EVFTA, and RCEP.
Based on legislative procedure timelines and the level of consensus expressed at the November debate, the amendments are realistically positioned for adoption in late 2026, with expected effect from 2027 once implementing decrees and circulars are issued.
In here, we discuss the overview grounded in official records, legal logic, and policy direction for businesses planning ahead.
IP Must Shift from Protection to Asset Value
Vietnam’s Ministry of Science and Technology (MOST) made it clear in the dossier submitted with the draft that IP must evolve from a passive certificate into an active economic asset.
This aligns with the Government’s strategic orientation to develop a market for science and technology, where the Vietnam Intellectual Property Law amendments will have a key role.
- IP can be valued,
- used as collateral,
- contributed as capital, and
- commercialised across industries.
The draft law calls for:
- Legal recognition of IP valuation,
- A national IP transaction and valuation database,
- More transparent licensing and transfer mechanisms,
- Clear principles for using IP as security in financial transactions.
This is a direct response to the challenges raised by innovators, investors, and enterprises who face difficulties converting IP assets into financial value under the existing framework.
The Digital Economy Requires Modern, Technology-Aligned IP Rules
During November 24th, 2025 National Assembly debate, delegates raised practical concerns regarding digital content, online distribution, and AI-generated materials. Multiple lawmakers noted that the existing law does not adequately address:
- Redistribution of news content on digital platforms
- Platform liability for hosting copyrighted content
- Automated reproduction through algorithms
- AI-generated content that may infringe rights
- Cross-border streaming and digital licensing models
The draft introduces provisions that strengthen digital copyright enforcement and clarify obligations for platforms, intermediaries, and organisations deploying AI-driven content systems.
These changes aim to protect creators, media agencies, and technology companies in a rapidly evolving digital environment.
Enforcement Must Be More Predictable and Harmonised
Reports submitted to the National Assembly’s Committee for Legal Affairs and Committee for Science, Technology and Environment highlighted inconsistencies across administrative, civil, and criminal enforcement channels.
Key issues included:
- Overlapping sanctions
- Limited deterrence for large-scale infringement
- Lack of coordination between market authorities, police, and courts
- Insufficient tools for border enforcement
The amendments seek to:
- Clarify enforcement pathways
- Harmonise administrative and civil remedies
- Strengthen border measures
- Enhance coordination between enforcement agencies
These reforms respond directly to long-standing concerns raised by domestic enterprises and foreign investors about the predictability of IP enforcement in Vietnam.
Vietnam Must Align with Its International Commitments
Vietnam’s participation in FTAs such as CPTPP, EVFTA, and RCEP obligates the country to elevate its IP regime to international standards.
The Government’s explanatory report accompanying the draft law highlighted several areas requiring alignment:
- Border control against infringing imports
- Digital-era copyright protections
- Limitation of liability for online intermediaries
- Fair and transparent licensing practices
- Protection of confidential information and trade secrets
Strengthening these rules helps Vietnam meet treaty obligations while enhancing investor confidence and supporting cross-border licensing, franchising, OEM/ODM manufacturing, and technology transfer.
Registration, Procedures, and Compliance Will Become Simpler and Clearer
Feedback from consultations conducted by the Government in mid-2025 consistently emphasised the need for procedural reforms.
Key areas of simplification proposed in the draft include:
- Shorter IP registration timelines
- More transparent opposition and invalidation procedures
- Easier renewal and recordal processes
- Greater accessibility for SMEs and foreign investors
These improvements are expected to reduce compliance burdens and support enterprises seeking faster and more reliable IP protection.
Step-by-Step Guide for Businesses Preparing for the Vietnam Intellectual Property Law Amendments
A structured preparation plan allows businesses to align internal systems early and minimise risk when the Vietnam Intellectual Property Law amendments come into force.
Step 1: Conduct an internal IP audit
Identify registered and unregistered assets: trademarks, software, databases, confidential information, and creative works.
Step 2: Assess which assets can be monetised or valued
Prioritise assets with licensing potential, market reach, or financial relevance.
Step 3: Strengthen internal IP governance
Clarify employee IP ownership, contractor obligations, and digital content review processes.
Step 4: Update all IP-related contracts
Adjust licensing, outsourcing, manufacturing, franchising, technology transfer, and platform agreements to reflect new obligations.
Step 5: Implement digital and AI compliance mechanisms
Ensure safe use of copyrighted content, establish AI content screening, and protect data and trade secrets.
Step 6: Track the legislative process through 2026
Monitor draft revisions, NA discussions, implementing regulations, and official guidance.
Conclusion
The Vietnam Intellectual Property Law amendments reflect a deliberate shift in Vietnam’s economic strategy: building an innovation-driven, digitally resilient, internationally aligned IP regime. With the draft already submitted to the National Assembly on October 27th, 2025, debated publicly on November 24th, 2025, and positioned for adoption in late 2026, businesses have a clear timeframe to prepare.
For enterprises, this reform is not merely a legal adjustment. It is an opportunity to strengthen valuation, commercialisation, compliance, and digital governance frameworks, ultimately turning intellectual property into a meaningful and strategic asset.
About ANT Lawyers, a Law Firm in Vietnam
We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi, and Danang, and will help customers in doing business in Vietnam.
Source: https://antlawyers.vn/ip/vietnam-intellectual-property-law-amendments.html
0 Nhận xét