Restructuring of the Vietnamese government: impacts on intellectual property

Vietnam’s government is undergoing a significant restructuring, consolidating and eliminating various agencies with the aim of streamlining operations and increasing efficiency. The restructuring will bring notable changes to the country’s intellectual property (IP) landscape. This article discusses key developments that may influence IP protection and enforcement in Vietnam in the coming years.

One of the most notable changes in the restructuring is the merger of several ministries, including the Ministry of Information and Communications (MIC) and the Ministry of Science and Technology (MOST). Vietnam’s Intellectual Property Office is a unit under MOST; therefore, this merger is expected to impact various aspects of IP administration and enforcement.

With the newly merged ministry – which is expected to retain the name of MOST – actively supporting the development of the digital economy, further advancements in digital tools for IP administration and prosecution are anticipated. This could include enhancements in e-filing, online procedures, and digital payment systems, contributing to greater accessibility and efficiency in IP-related services.

Domain name disputes can also expect to see a more coordinated approach under the new ministry. Previously, jurisdiction over domain name disputes was divided between MIC and MOST, sometimes leading to procedural complexities. With both areas now under a single ministry, these matters are expected to be handled more seamlessly, potentially with a model aligned with the Uniform Domain Name Dispute Resolution Policy.

The restructuring also affects inspection authorities responsible for IP enforcement, particularly those under MOST and the Ministry of Culture, Sports and Tourism (MOCST). These changes may cause temporary delays in administrative enforcement actions:

• The MOST Inspectorate, which handles industrial property violations, may experience slower enforcement during the transition; and

• The MOCST Inspectorate, responsible for copyright enforcement, may face similar disruptions.

However, these delays are expected to be temporary, with enforcement efficiency likely to improve once the new structures are fully implemented.

The Market Surveillance Department, which was previously under the Ministry of Industry and Trade, has been transferred to the management of provincial governments. This decentralisation may initially impact the coordination and consistency of IP raids and enforcement actions. However, the central government has instructed provincial authorities to maintain enforcement efficiency, minimising potential delays. Over time, this change could lead to more localised and responsive enforcement, tailored to the specific needs of each province.

The restructuring extends to Vietnam’s judiciary, with significant changes expected at the provincial and district levels:

• Some provinces are set to merge, reducing the total number from the current 63; and

• District-level courts may be eliminated, aligning with the recent removal of district-level police forces.

These changes are anticipated to enhance judicial independence by reducing local government influence on court proceedings. However, the restructuring may delay the establishment of a dedicated IP court, initially expected by the end of 2025. Once operational, the streamlined court system is expected to provide faster, more consistent rulings on IP disputes, strengthening judicial enforcement of IP rights.

Customs enforcement, a key component of IP protection at Vietnam’s borders, is expected to experience minimal disruption despite the ongoing merger and streamlining of customs authorities. The core functions of intercepting counterfeit goods and enforcing IP rights at border checkpoints will continue as before, ensuring that cross-border IP protection remains robust.

Vietnam’s government restructuring is set to reshape the country’s IP landscape, bringing both challenges and opportunities. While temporary delays may occur, the consolidation of IP administration under a new ministry with a stronger focus on technology advancement, improved coordination in domain name disputes, and streamlined enforcement mechanisms is expected to enhance efficiency, consistency, and judicial independence in the long run.