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Vietnam has made significant strides in developing its intellectual property (“IP“) system over the past decade. However, in practice, businesses have continued to face familiar pain points, slow examination timelines, uneven enforcement, and uncertainty when dealing with newer areas such as digital content and artificial intelligence (“AI“).
For many IP rights holders, securing protection was only half the battle. Delays in prosecution and limited enforcement tools, especially in the online space, often meant that IP rights were difficult to commercialise or defend effectively. These issues became more pronounced as Vietnam’s digital economy expanded and cross-border trade increased. Recognising these structural gaps, Vietnam has introduced a new round of legislative reform aimed at modernising its IP framework and making it more commercially relevant.
Vietnam’s amended Intellectual Property Law (Law No. 131/2025/QH15) was passed by the National Assembly on 10 December 2025 and is scheduled to come into force on 1 April 2026.
The amendments introduce a number of practical changes. More importantly, each of these changes is clearly aimed at solving specific issues that businesses have been facing:-
| NO. | AREA | RELEVANT PROVISIONS | NEW INTRODUCTION | PRACTICAL IMPACT |
|---|---|---|---|---|
| 1. | Faster Examination | Articles 109, 119, 119a (amended) | Introduction of accelerated/expedited examination mechanisms for patents and trademarks | Enables earlier grant of rights, improving enforceability and commercial readiness |
| 2. | Shorter Deadlines & Procedures | Articles 110, 112, 117 | Streamlined procedures for publication, opposition, and examination request | Reduces backlog at NOIP and addresses historically long prosecution timelines |
| 3. | Opposition Framework (Refined) | Article 112a | Clarification and tightening of third-party opposition procedures | Improves procedural certainty and reduces tactical delays by competitors |
| 4. | AI & Data Use | Article 25 (copyright exceptions – amended) | Introduction of exceptions permitting text and data mining under certain conditions | Provides initial legal basis for AI training while balancing rights holder interests |
| 5. | Industrial Design Expansion | Articles 63, 64 | Broader scope of protection (including parts of products and updated design concepts) | Aligns protection with modern product design and digital/partial designs |
| 6. | Stronger Enforcement Measures | Articles 198, 198a, 202 | Enhanced civil remedies and additional enforcement mechanisms, including online measures | Strengthens ability to act quickly against infringement, especially in digital markets |
| 7. | Platform / Intermediary Liability | Articles 198b, 200 | Increased obligations on online platforms and intermediaries to address infringement | Targets growth of counterfeit goods and infringing content on e-commerce platforms |
| 8. | Commercialisation of IP Assets | Articles 4, 7, 138 | Recognition of IP as transferable, licensable, and financeable assets | Facilitates IP monetisation, valuation, and use as collateral in commercial transaction |
The amended law will officially take effect on 1 April 2026, with further implementing regulations expected to follow. Looking ahead, these reforms are expected to improve the overall efficiency of the system and strengthen Vietnam’s position as an attractive destination for investment and innovation.
That said, as with most legislative changes, the real test will lie in how consistently these new provisions are applied in practice, particularly in enforcement and administrative decision-making.
Navigating these changes requires not just knowledge of the law, but also practical experience across jurisdictions. With over 20 years of experience in IP prosecution, opposition, and enforcement across Southeast Asia, Pintas IP Group regularly advises businesses on how to protect and commercialise their IP in evolving regulatory environments like Vietnam.
We support clients with:-
- IP filing strategies across ASEAN;
- opposition, cancellation, and enforcement actions;
- IP commercialisation and licensing structures; and
- coordinated cross-border IP protection and IP dispute management.
As Vietnam’s IP landscape continues to develop, early and well-informed action can make a significant difference. We invite you to schedule a complimentary consultation with our team to discuss how these changes may impact your IP portfolio and business strategy.