Major legal changes impacting Vietnam’s IP regime: 2025 legislative updates

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Major legal changes impacting Vietnam’s IP regime: 2025 legislative updates

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The measures represent a ‘strategic leap’ for Vietnam’s intellectual property landscape, say Thuy Thi Ngoc Huynh and Yen Thi Hai Pham of T&G Law Firm LLC (TGVN), the local associate firm of Tilleke & Gibbins

Over the first half of 2025, the government of Vietnam has implemented a comprehensive suite of legislative reforms that significantly impact the country’s intellectual property (IP) framework. These amendments, most of which took effect on July 1 2025, span the criminal, civil, administrative, and judicial sectors, and are part of a broader initiative to modernise Vietnam’s legal infrastructure, strengthen enforcement mechanisms, and harmonise domestic regulations with international standards.

A summary of the key legislative changes and their potential implications for IP protection and enforcement across Vietnam is provided below.

Criminal Code: stricter penalties

Under the 2025 amendments to Vietnam’s Criminal Code, penalties for offences involving the manufacturing and trading of counterfeit goods have been significantly escalated. Individuals convicted of such violations now face fines ranging from VND 200 million to VND 2 billion (approximately $7,700 to $77,000; up from VND 100 million to VND 1 billion). For corporate entities, the penalties are even more severe, with fines ranging from VND 2 billion to VND 40 billion (up from VND 1 billion to VND 20 billion).

These heightened penalties reflect the government’s intensified efforts to deter counterfeit-related crimes and protect consumer rights.

Law on Handling Administrative Violations: extended statute of limitations and electronic procedures

The statute of limitations for addressing administrative violations in the IP sector is still two years. However, in cases where such violations are referred by procedural authorities, this period is extended by one year. The time taken by these authorities to process the case is now included within the overall limitation period.

In addition, the Law on Handling Administrative Violations facilitates the use of electronic procedures, provided that the necessary infrastructure, technical systems, and information conditions are in place. Specifically, enforcement authorities are now permitted to deliver decisions, records, and related documents to violators through digital means such as email, online platforms, and SMS. The adoption of these technologies is expected to improve procedural efficiency and streamline administrative workflows.

Law on Organisation of People’s Courts: specialised courts and jurisdiction

The 2025 amendments called for the establishment of specialised courts at both provincial and regional levels, including dedicated divisions for IP and technology transfer disputes. Pursuant to Resolution No. 81/2025/UBTVQH15, two specialised IP courts have been instituted – one in Hanoi and the other in Ho Chi Minh City. The Hanoi Intellectual Property Court will exercise first-instance jurisdiction over IP disputes arising in 20 northern and central provinces and cities, while the Ho Chi Minh City Intellectual Property Court will oversee cases from the remaining 14 provinces and cities nationwide. Appeals from these specialised IP courts will be adjudicated by the relevant provincial-level courts.

Provincial-level courts will continue to exercise first-instance jurisdiction over IP disputes that were filed and formally accepted prior to July 1 2025. In contrast, IP cases that were initiated and accepted by district-level courts before this date will be transferred to one of the two newly established specialised IP courts.

Additionally, Resolution No. 01/2025/NQ-HDTP by the Council of Judges of the Supreme People’s Court sets out guidance for managing pending cases and delineates authority among court tiers.

Law on Inspection: inspectorate levels simplified

Inspectorates previously operating under ministries, departments, and sectoral agencies – such as those affiliated with the Ministry of Science and Technology, the Ministry of Culture, Sports and Tourism, or city or provincial-level departments of science and technology – have been officially dissolved. Under the amended Law on Inspection, the inspection framework has been streamlined into two core levels: the Government Inspectorate and provincial inspectorates. However, as of the law’s effective date, July 1 2025, there was still a lack of implementing guidelines, which are essential for translating the law’s provisions into practical enforcement and ensuring procedural clarity.

Other key developments

Trademark-infringing company names

Under Decree No. 168/2025/ND-CP, the business registration framework has been streamlined to accelerate the handling of company names that infringe trademarks. The review period by authorities has been significantly reduced from 10 days to just 3 days, and businesses found to be infringing must now complete the name change procedure within 60 days or face administrative penalties. This reform empowers IP rights holders to combat brand misappropriation more swiftly and effectively.

Targeting e-commerce platforms

Regulations under Decree No. 117/2025/ND-CP, in addition to tightening tax management, mandate that e-commerce traders provide complete and verifiable personal identification or tax numbers. Platforms are required to furnish this data upon request by competent authorities, thereby enhancing the efficiency of investigation and enforcement procedures against online IP infringements.

Defining and handling unsafe drugs

Circular No. 30/2025/TT-BYT from the Ministry of Health introduces a definition of unsafe pharmaceuticals. This includes new provisions for drugs suspected of being counterfeit, substandard, or of dubious origin, along with clear reporting mechanisms for unsafe drug products and protocols for investigating and penalising entities involved in their distribution.

IP violations removed from advertising law

The provision on advertisements that violate IP regulations is abolished from the revised Law on Advertising. According to the opinions of National Assembly members, the provision of separate regulations was deemed unnecessary, as all acts of infringing IP rights are already prohibited under the Intellectual Property Law.

Final thoughts on the reshaping of Vietnam’s IP landscape

Vietnam’s 2025 legal reforms constitute a strategic leap towards modernised IP enforcement, and represent a bold recalibration of the nation's IP regime. With the introduction of specialised IP courts, stricter penalties, digitised workflows, and streamlined inspection processes, the IP landscape is set to become more transparent, accessible, and robustly deterrent. These developments underscore Vietnam’s commitment to strengthening its IP regime in line with international best practices and its obligations under global trade agreements.

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