Protecting Software Copyright in Vietnam

Software is protected in Vietnam as a copyright work (computer programs). Protection arises automatically on creation, but registration and good contracting materially strengthen a company's position.

Automatic protection, but register for evidence

Copyright exists from the moment the software is created, without formalities. However, a Copyright Registration Certificate from the Copyright Office provides strong prima facie evidence of ownership, which is valuable in disputes and enforcement — the registrant does not have to prove authorship from scratch.

Ownership of outsourced or employee code

Ownership can be contentious where code is written by employees or outsourced developers. As a rule, rights should be secured through clear employment and development agreements assigning economic rights to the company. Foreign companies commissioning development in Vietnam should ensure their contracts expressly assign copyright.

Enforcement

Software infringement — unlicensed copying, distribution or cracking — can be addressed through administrative measures, civil litigation for damages, and, at commercial scale, criminal liability. Registration and a clear chain of title make enforcement faster.

Frequently asked questions

Is software copyright-registrable in Vietnam?

Yes. Registration is optional but provides strong evidence of ownership.

Who owns code written by an outsourced developer?

It depends on the contract — ensure the development agreement expressly assigns economic rights to your company.

How is software infringement enforced?

Through administrative action, civil litigation and, at commercial scale, criminal prosecution.

How LTV Law helps

LTV Law registers software copyright, drafts assignment and development agreements, and enforces rights for foreign companies. Contact our team.

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