Vietnam’s rise as a manufacturing and technology hub has made intellectual property (IP) enforcement a top priority for foreign investors. From luxury brands to software developers and electronics giants, businesses are increasingly exposed to trademark abuse, counterfeit goods, copyright piracy, and trade secret leaks. While Vietnam has improved its IP laws in line with international treaties, enforcement still demands a nuanced strategy tailored to the local legal and commercial landscape.

This guide outlines how IP enforcement works in Vietnam, what steps to take when infringement occurs, and how to use both legal and digital tools to protect your assets in 2025.

Vietnam’s Legal Framework for IP Enforcement

Vietnam’s IP regime is governed by the 2005 Law on Intellectual Property (as amended in 2022), supported by the Civil Code, Criminal Code, and various sub-law documents. Key government bodies include:

  • National Office of Intellectual Property (NOIP) – handles registrations and renewals.
  • Market Surveillance Authority (MSA) – investigates and sanctions administrative violations.
  • Customs Department – enforces IP rights at borders.
  • Courts – resolve disputes and award damages.
  • Police & Prosecutors – handle criminal infringement cases.

Vietnam is a member of WTO/TRIPS, the Madrid Protocol, Paris Convention, and more recently, the EVFTA and CPTPP, which have led to stronger enforcement requirements and commitments.

Common Types of IP and How They’re Protected

Vietnam offers legal protection for a wide range of intellectual property rights, but enforcement often hinges on proper registration, documentation, and clarity around the scope of rights. Understanding how each category of IP is treated under Vietnamese law is essential for developing an effective protection strategy.

Trademarks are among the most commonly registered IP rights in Vietnam. These include brand names, logos, slogans, and other identifiers that distinguish goods or services. Protection is granted only upon registration with the National Office of Intellectual Property (NOIP), and rights are conferred for a renewable 10-year period. Trademarks are particularly vulnerable to counterfeiting in sectors like fashion, electronics, and cosmetics, making early registration critical.

Patents cover technical inventions and utility solutions. To obtain protection, the invention must be new, involve an inventive step, and be industrially applicable. Patents are granted for up to 20 years from the filing date and provide the exclusive right to use, license, or transfer the invention. In Vietnam, patent disputes often arise in manufacturing and high-tech sectors, particularly where licensing or joint ventures are involved.

Industrial Designs protect the external appearance of a product, such as shape, pattern, or color, and are particularly relevant in consumer goods, automotive, and packaging industries. They are registered through NOIP and enjoy five years of protection, renewable up to 15 years. Given the rise in product design imitation in Vietnam, this category of IP is increasingly utilized.

Copyrights apply automatically upon creation for artistic, literary, and software works, including code, music, films, and written content. Although registration is not mandatory, it strengthens a rights holder’s legal position in disputes. The Ministry of Culture, Sports and Tourism oversees copyright matters, and enforcement is growing more relevant with the rise of digital content piracy.

Trade Secrets are protected under civil and labor law but are not subject to formal registration. This category includes formulas, business plans, client lists, and internal processes that derive value from being confidential. Employers often use non-disclosure and non-compete clauses to maintain protection. Enforcement typically occurs through breach of contract claims or unfair competition lawsuits.

Each form of IP has its own registration process, protection timeline, and enforcement method, and an effective strategy often involves combining multiple rights to create a robust IP portfolio.

What to Do If Someone Infringes Your IP in Vietnam

Discovering infringement in Vietnam requires swift and structured action. Here’s what to do:

  1. Document the Violation: Secure clear evidence—photos of counterfeit products, website screenshots, invoices, or testimony.
  2. Assess the Severity: Determine the scale, commercial impact, and intent. Is it a one-off misuse or part of a broader counterfeit operation?
  3. Engage Legal Counsel: Local lawyers can draft a cease & desist letter or advise whether to pursue administrative, civil, or criminal action.
  4. Decide on Enforcement Route:
    • Use administrative remedies for low-cost, fast action.
    • File a civil lawsuit for injunctive relief or damages.
    • Pursue criminal enforcement if counterfeiting is large-scale.

Delays can compromise enforcement, especially if infringing goods are already in circulation or at customs checkpoints.

Administrative, Civil, Criminal & Border Enforcement Explained

Administrative Action

Handled by the MSA or local departments, this route is:

  • Fast and cost-effective, ideal for first-time or small-scale violations.
  • Results in fines, seizures, and sometimes business license suspensions.
  • No compensation is awarded to the IP holder.

Civil Litigation

For more serious violations, court action allows:

  • Injunctions to stop infringement.
  • Compensation for damages.
  • Public retractions or apologies.
  • Drawbacks: longer timelines and the need for strong evidence.

Criminal Enforcement

Under Vietnam’s Penal Code, serious IP infringement (e.g., counterfeiting, piracy) may be prosecuted. Criteria include:

  • High commercial value
  • Repeat offenses
  • Intent to profit
  • Outcomes may include fines, imprisonment, or confiscation of illegal proceeds.

Customs Enforcement

Registering IP rights with Vietnam Customs allows:

  • Proactive suspension of suspected goods at ports.
  • Notification of IP owners to take action.
  • Useful for brands importing/exporting high-risk goods (e.g., apparel, electronics, cosmetics).

How to Use E-commerce and Customs Tools to Stop Infringement

Businesses operating in Vietnam can enhance IP enforcement by using available customs and e-commerce mechanisms.

To start with, IP owners can register their rights with the General Department of Vietnam Customs. This allows customs officers to identify and stop shipments that may contain counterfeit goods. The process involves submitting your IP registration certificate, product details, and any known risks or infringers. Once registered, customs officials are authorized to suspend clearance of suspicious goods and notify the IP owner for further action.

On the e-commerce front, platforms like Shopee, Lazada, and Tiki provide dedicated tools for reporting IP infringement. Rights holders can file complaints directly through these portals by submitting proof of ownership and evidence of violation. If the claim is validated, the platform may remove the listing, issue warnings, or suspend the offending seller’s account.

Timely action and well-prepared documentation are crucial in both cases. By actively monitoring online platforms and collaborating with customs authorities, IP owners can significantly reduce the spread of counterfeit goods in both physical and digital marketplaces.

Vietnam’s IP Enforcement Landscape in 2025: Trends and Challenges

While enforcement has improved, challenges remain:

  • Court delays and inconsistent damages for civil cases.
  • Fragmented enforcement across agencies.
  • Online infringement is rising faster than policy adaptation.
  • Evidentiary burden is high for trade secrets or software theft.

That said, FTAs like EVFTA and CPTPP have driven regulatory upgrades. IP holders are seeing more favorable rulings and customs cooperation, particularly in sectors like fashion, electronics, and FMCG.

Conclusion

Protecting IP in Vietnam today is more achievable than ever but it still requires strategic action. From filing with customs to initiating litigation or leveraging e-commerce enforcement tools, businesses must adopt a layered defense.

At Corporate Counsels, we help foreign companies protect and enforce their intellectual property rights in Vietnam. From registration and monitoring to litigation and customs enforcement, our experienced Intellectual Property lawyers deliver practical, strategic legal support. Contact us at letran@corporatecounsels.vn to safeguard your innovations and brand assets in Vietnam.