Handling Copyright Infringement in Vietnam

When a copyright work is used without authorisation in Vietnam, the owner has several ways to respond. The right approach depends on the nature of the infringement, the evidence available and the outcome the owner wants, whether that is stopping the activity, obtaining compensation or deterring repeat conduct.

Establishing the infringement

Before taking action, the owner should gather evidence of ownership and of the unauthorised use. A copyright registration certificate is helpful here because it supports the presumption of ownership. Evidence of the infringing use, such as copies, screenshots or records of distribution, should be preserved and, where appropriate, documented in a way that will stand up later.

Available routes

Vietnamese law offers several enforcement paths that can be used alone or in combination:

• A cease-and-desist or warning letter, often the quickest way to open negotiations and stop the activity;
• Administrative action, where competent authorities can handle certain infringements and impose measures;
• Civil proceedings, through which the owner can seek orders to stop the infringement and claim damages;
• Criminal handling, reserved for serious cases meeting the thresholds set by law.

Customs measures may also assist where infringing goods cross the border.

Choosing an approach

Many disputes are resolved through a warning letter and negotiation, which is faster and less costly than litigation. Where the infringement is commercial in scale or the parties cannot agree, administrative or civil action may be necessary. Assessing the strength of the evidence and the likely remedies at the outset helps the owner choose a proportionate strategy.

Frequently asked questions

Do I need a registration certificate to enforce copyright?

No, but a certificate makes proving ownership much easier and strengthens your position.

How long do I have to act?

Enforcement is subject to time limits under the law, so acting promptly and preserving evidence is important.

Can I recover damages?

Civil proceedings allow an owner to seek compensation, in addition to orders to stop the infringing activity.

How LTV Law helps

LTV Law assesses infringement, gathers evidence and pursues warning letters, administrative complaints or civil action as appropriate; to protect your rights, contact our team.

This article is for general information only and does not constitute legal advice.