Viet Nam’s efforts to strengthen the legal framework for intellectual property
Improving the legal framework is the most important factor and also one of the most effective “tools” enabling authorities and Vietnamese rights holders to protect their interests and creative products. This issue was highlighted during the seminar “Identifying and seeking solutions to copyright infringement”, organised by Nhan Dan Newspaper.
The seminar was attended by Pham Thi Kim Oanh, Deputy Director of the Copyright Office of Viet Nam under the Ministry of Culture, Sports and Tourism; and Phan Cam Tu, member of the Standing Board of the Viet Nam Association of Film Promotion and Development, and consultant to the Motion Picture Association.
Pham Thi Kim Oanh, Deputy Director of the Copyright Office of Viet Nam, stated that the country’s copyright legal framework has now shown increasingly positive signs. First and foremost is international integration in intellectual property protection.
The Vietnamese Government has made tremendous efforts, proactively integrating internationally and implementing its commitments in a robust manner.
Pham Thi Kim Oanh, Deputy Director of the Copyright Office of Viet Nam
Of the nine existing international treaties in this field, Viet Nam is currently a member of eight out of nine multilateral international treaties concerning copyright and related rights. The country has also joined 17 free trade agreements (FTAs) containing copyright-related commitments.
“This demonstrates that the Vietnamese Government has made enormous efforts, proactively integrating and strongly fulfilling its commitments. What are these eight treaties? First is the Berne Convention for the protection of literary and artistic works. Then there is the Rome Convention for the protection of performers, producers of phonograms and broadcasting organisations; and the Geneva Convention for the protection of producers of phonograms against unauthorised duplication of their phonograms. Upon joining the WTO, Viet Nam was immediately required to implement the TRIPS Agreement on trade-related aspects of intellectual property rights. These are broad, diverse and comprehensive commitments covering copyright and intellectual property,” Pham Thi Kim Oanh explained.
According to the Deputy Director, Viet Nam has also joined treaties concerning the digital environment. The WCT and WPPT treaties came into force in Viet Nam in 2022 and 2023 respectively. These are regarded as significant legal instruments for copyright protection as Viet Nam seeks international integration and participation in the global arena. Vietnamese works intended for international distribution and digital protection must be integrated into these frameworks.
At the same time, Viet Nam must also ensure copyright protection for rights holders from member countries. Each treaty includes more than 100 member states, with some involving nearly 200 countries.
“If multiplied together, the scale is enormous and demonstrates the considerable efforts Viet Nam has made,” Pham Thi Kim Oanh said.
Regarding the domestic legal framework, Viet Nam has the Law on Intellectual Property, which has been amended several times by the National Assembly to implement commitments and obligations under not only eight multilateral treaties but also 17 bilateral international agreements, while also preparing the legal basis for several FTAs currently under negotiation.
“Fundamentally, we believe Vietnamese law has reached international standards. Viet Nam enacted the Law on Intellectual Property in 2005 and amended it several times, for example in 2009. That was the year Viet Nam joined the WTO, and as a member, we were obliged to revise provisions concerning the use of works, audio recordings and video recordings in broadcasting programmes. The law clearly distinguishes cases where permission is not required but payment must still be made, cases where neither permission nor payment is required, and how payments should be made. At that time, we had to amend the law to align with the Berne Convention. More recently, provisions related to copyright enforcement in the digital environment have continued to be revised and supplemented in the Law on Intellectual Property,” she noted.
Regarding the legal framework, Pham Thi Kim Oanh said the latest development was Decree No. 341, issued on December 26, 2025 and effective from February 15, 2026, concerning administrative penalties for copyright and related rights infringements. The decree increases penalties and supplements categories of violations, particularly those occurring in the digital environment.
Most recently, on April 6, 2026, the Government issued Decree No. 134 amending and supplementing several provisions of Decree No. 17 of 2023 on copyright and related rights, including provisions relating to artificial intelligence, which took effect on April 9.
Viet Nam: One of the first countries to introduce legal documents relating to AI
One of the greatest challenges facing copyright and intellectual property protection in Viet Nam and globally today is the rapid development of technology. As technology becomes more advanced, it also becomes a more effective tool in the hands of copyright infringers. Therefore, improving the legal framework related to artificial intelligence (AI) and technology is critically important.
Pham Thi Kim Oanh stated that Viet Nam is among the first countries in the world to issue legal normative documents relating to AI. The National Assembly recently passed amendments and supplements to several provisions of the Law on Intellectual Property, including regulations governing the establishment of rights when individuals and organisations use AI during the creative process.
The issue of input data for AI training is also highly challenging. Under what conditions is it lawful to use another person’s work? If AI is used to create products resembling another person’s script, image or voice, copyright infringement may occur. The legal framework must address questions such as: when AI is used, who is considered the author, and what qualifies as a protected copyrighted work?
“Article 5A of Decree No. 134 dated April 6, 2026 clearly stipulates that, in principle, we protect human intellectual creativity. If AI is merely used as a supporting tool and legal conditions are satisfied, the resulting work may qualify for copyright protection. Secondly, the process of creating AI training data must comply with certain conditions. While technological development is encouraged, the rights of authors and rights holders who have invested effort and money in creating works cannot be ignored. Copyright requires balance. Articles 37A, 37B, 37C and 37D of the Decree establish new legal principles aimed at facilitating AI development while protecting rights holders,” Pham Thi Kim Oanh explained.
The Deputy Director also raised concerns regarding AI-generated works resembling original creations and emphasised the need for the legal framework to continue evolving.
Legal regulations put into practice strengthen confidence among copyright defenders
Addressing copyright protection from the perspective of those working with film studios, Phan Cam Tu, member of the Standing Board of the Viet Nam Association for Film Promotion and Development and consultant to the Motion Picture Association, stated that Viet Nam’s legal system relating to copyright protection has made significant progress in recent years. The years 2024 and 2025 marked the first time copyright infringement cases were criminally prosecuted in Viet Nam.
Phan Cam Tu also praised the trials of prominent film copyright infringement cases such as Phimmoi and Fmovies, describing them as highly encouraging developments for creative professionals and copyright defenders.
In recent years, Viet Nam’s legal system concerning copyright protection has made substantial progress.
Phan Cam Tu, member of the Standing Board of the Viet Nam Association for Film Promotion and Development and consultant to the Motion Picture Association
Discussing the enforcement of copyright protection laws in Viet Nam, Pham Thi Kim Oanh noted that Viet Nam is among the few countries that apply administrative sanctions to civil rights violations such as copyright infringement.
She referred to Decree No. 341, issued on December 26, 2025 and effective from February 15, 2026, on administrative penalties for copyright and related rights violations, which introduced major changes. One remedial measure requires infringing parties to return profits obtained from violations to rights holders. This represents an important mechanism alongside criminal prosecution, which often involves complex procedures. Penalties have been increased, and compensation is now linked to the number of views on websites.
“In addition, during 2022–2023, we successfully incorporated Articles 110 to 114 into Decree No. 17 of 2023, issued on World Intellectual Property Day (April 26). This marked a major policy shift in copyright enforcement within the digital environment through the ‘notice-and-takedown’ mechanism. Rights holders can directly request intermediary service providers (ISPs) to remove infringing content without having to go through state agencies. To prevent abuse of this mechanism, Decree No. 341 also introduces penalties for individuals who intentionally make false notifications. If intermediary service providers fail to cooperate in removing infringing content, they will lose ‘safe harbour’ protection and bear legal responsibility. This is a very new legal framework that reflects our considerable efforts,” Pham Thi Kim Oanh said.
In addition, she revealed that Viet Nam is expected to develop an independent Copyright Law separate from the Law on Intellectual Property, with submission to the National Assembly planned for 2027–2028.
“We are making efforts to study and develop a stronger and clearer legal framework, similar to the separate copyright laws adopted by nearly 150 countries worldwide,” she affirmed.
The journey towards copyright protection and intellectual property enforcement is clearly still long and challenging, requiring coordination from multiple stakeholders. Nevertheless, the efforts of Vietnamese authorities to improve the legal framework and anticipate technological trends demonstrate a strong commitment to providing the most robust protection possible for creative communities.
“Copyright issues should not only protect rights holders but also facilitate users and enable rights holders to exploit their assets effectively. The law also aims to establish a national copyright database, requiring rights holders to update data so enforcement agencies can better verify and protect rights. At the same time, I hope there will be greater consistency with the Criminal Code and civil procedure regulations. We have proposed amendments to ensure regulations are compatible with the digital environment, enabling rights holders to quickly request enforcement action rather than relying solely on procedures designed for the physical environment. We will coordinate closely with ministries and agencies to ensure the legal framework is genuinely convenient for all parties,” Pham Thi Kim Oanh affirmed.
