Vietnam Adds Draft Amendment to Intellectual Property Law to 2025 Legislative Program

Vietnam Adds Draft Amendment to Intellectual Property Law to 2025 Legislative Program

Hanoi, Vietnam – On 13 August 2025, the Government of Vietnam has officially issued Resolution No. 233/NQ-CP, adding the Draft Law Amending and Supplementing a Number of Articles of the Intellectual Property (IP) Law to the 2025 Legislative and Ordinance Development Program of the National Assembly. The Ministry of Science and Technology (MOST) has been designated as the lead agency responsible for drafting, coordinating closely with relevant ministries, agencies, and stakeholders.

On 27 August 2025, MOST convened a meeting of the Drafting Committee, chaired by the Deputy Minister of Science and Technology and Head of the Committee. The session brought together policy experts, representatives from state management agencies, research institutes, universities, industry associations, enterprises, and industrial property representative organizations.

Toward a Modern, Innovation-Driven IP Legal Framework

The amendment aims to modernize Vietnam’s intellectual property legal system in line with international treaties, emerging global trends, and domestic innovation priorities. It reflects the Government’s strategic vision to make IP an essential tool for national competitiveness and economic development.

The Draft Law focuses on five core policy pillars:

  1. Promoting the creation and commercialization of IP rights to foster innovation and entrepreneurship;
  2. Simplifying administrative procedures and improving accessibility to IP registration and protection mechanisms;
  3. Strengthening enforcement of IP rights, especially in the digital space;
  4. Fulfilling Vietnam’s commitments under international IP agreements;
  5. Aligning with new global developments in IP protection relevant to Vietnam’s socio-economic context.

Unlocking Innovation through Commercialization of Intellectual Assets

Positioning intellectual property (IP) as a key driver of the innovation ecosystem, the Draft Law introduces specific provisions to:

  • Establish state-supported mechanisms for creating and commercializing IP rights;
  • Pilot financial policy frameworks based on IP as a valued asset class;
  • Regulate and enhance IP management in state-owned enterprises (SOEs).

The draft further identifies IP valuation and market readiness as priorities to foster a dynamic IP market in Vietnam. Key proposals include:

  • Developing a reference pricing database to facilitate transparent IP valuation;
  • Building a professional network of certified IP valuation experts;
  • Establishing uniform valuation standards and criteria to ensure consistency;
  • Encouraging IP filings (patents, trademarks, copyrights), while streamlining administrative steps to reduce barriers.

Reinforcing IP Enforcement With Emphasis on the Digital Landscape

In response to increasing digital IP violations and cross-border infringement, the Draft Law outlines a stronger enforcement framework:

  • Expanding institutional responsibilities for IP protection among state bodies;
  • Designating a centralized coordination agency to assist IP owners in enforcement proceedings;
  • Broadened definitions of administrative violations and criminal offenses;
  • Enhanced provisions for civil liability, damages, and management of infringing goods, including destruction or non-commercial redistribution.

Digital IP Protection – A Top Priority

The draft includes specialized measures to safeguard IP rights online:

  • Penalties for non-compliance with take-down requests on digital platforms;
  • Introduction of civil remedies for online infringements;
  • Legal updates related to cross-border data flows, digital assets, domain names, and other digital identifiers.

Driving Administrative Reform and Digital Transformation in IP Governance

In line with national efforts on digital government and public service reform, the draft law aims to:

  • Reduce processing time for IP registration and examination;
  • Upgrade and expand online IP application systems for efficiency and transparency;
  • Establish a dedicated complaint and dispute resolution mechanism for IP issues;
  • Promote electronic documentation and digital signatures;
  • Strengthen decentralization and delegation in IP governance to enhance responsiveness.

Comprehensive Amendments Across IP Domains

Copyright and Related Rights

Working with the Copyright Office, IP Vietnam has proposed reforms to:

  • Simplify registration processes for copyright and neighboring rights;
  • Regulate collective rights management organizations (CMOs);
  • Introduce criminal liability for violations such as unauthorized interception of encrypted satellite or cable signals.

Industrial Property

Improvements proposed in the field of industrial property include:

  • Allocating additional resources to IP administrative agencies;
  • Shortening processing time for IP applications;
  • Ensuring compliance with international commitments (e.g. TRIPS, CPTPP, EVFTA);
  • Updating regulations to reflect developments in trademarks, trade names, and digital IP assets.

Plant Variety Protection

The Draft Law also includes measures to strengthen plant variety rights:

  • Simplifying procedures for plant variety registration;
  • Clarifying ambiguous provisions to ensure legal certainty;
  • Setting clear processing timelines for self-tested varieties by organizations and individuals.

A Strategic Legal Reform for the Digital Economy and Global Integration

The Draft Law Amending and Supplementing a Number of Articles of the Intellectual Property Law marks a critical milestone in aligning Vietnam’s IP framework with global standards while supporting its digital transformation and innovation-driven development agenda.

This legislative reform is expected to:

  • Empower businesses and inventors to protect, manage, and commercialize their IP assets more effectively;
  • Respond to the rapid pace of digitalization and global market integration;
  • Elevate national competitiveness by making intellectual property a key pillar of Vietnam’s knowledge-based economy.

As Vietnam moves toward becoming a regional hub for innovation, these updates will help transform intellectual property into a strategic resource—not just for legal protection, but as an engine of sustainable economic growth.

 

Should you need assistance with patent validation, trademark registration, or IP compliance in Vietnam or across ASEAN jurisdictions (e.g., Laos, Cambodia, Myanmar), please contact our legal experts at bud-prairie@bud-prairie.com for tailored support and professional guidance.

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