Enforcing Intellectual Property Rights in Vietnam: A Guide for Rights-Holders (2026)

Registering an intellectual property right in Vietnam is only half the job — the value lies in enforcement. Foreign rights-holders often find Vietnam's enforcement landscape unfamiliar, but it offers a genuinely effective, multi-track toolkit when used strategically.

The four enforcement routes

Vietnam provides four main avenues, which can be used alone or in combination:

• Administrative action — the workhorse of Vietnamese IP enforcement. Market-surveillance authorities and specialised inspectorates can inspect premises, seize infringing goods and impose fines under Decree 99/2013. It is fast and cost-effective, which is why most rights-holders start here.
• Customs recordal and border measures — record your rights with the General Department of Customs and request the detention of suspected infringing imports or exports.
• Civil litigation — sue for injunctions and damages before the People's Courts. This is the route to recover monetary compensation.
• Criminal prosecution — available for serious, commercial-scale counterfeiting; corporate offenders can face substantial fines under the Penal Code.

Building the case: evidence first

Successful enforcement starts with evidence. Rights-holders should document the infringement (test purchases, notarised records), and — where scope is disputed — obtain an assessment/expert opinion from the competent authority confirming infringement. A valid registration certificate is the foundation of any action.

A typical strategy for foreign rights-holders

In practice, a common and effective sequence is: (1) send a cease-and-desist letter; (2) if ignored, pursue administrative action to stop the infringement quickly and seize goods; (3) run customs recordal to choke off the supply of counterfeits at the border; and (4) where the harm is significant, bring a civil claim for damages or refer serious cases for criminal handling. Combining administrative speed with a civil damages claim usually delivers the best commercial outcome.

Damages

Vietnamese courts can award damages based on actual losses and the infringer's profits, plus a capped amount for non-material damage. Where losses are hard to quantify, courts may apply a statutory ceiling. Legal costs may also be recoverable in appropriate cases.

Frequently asked questions

What is the fastest way to stop IP infringement in Vietnam?

Administrative action. Specialised authorities can inspect, seize goods and fine infringers relatively quickly and at lower cost than litigation.

Can I claim damages through administrative action?

No — administrative action stops the infringement and imposes fines payable to the State. To recover damages you must bring a civil claim.

Do I need a Vietnamese registration to enforce?

For registrable rights (trademarks, patents, designs), a valid Vietnamese registration is the practical basis for enforcement. Copyright is protected automatically but registration greatly helps proof.

Can customs stop counterfeit imports?

Yes. After recording your rights with customs, you can request detention of suspected infringing goods at the border.

How LTV Law helps

LTV Law builds enforcement strategies for foreign rights-holders — evidence-gathering, administrative complaints, customs recordal, and civil and criminal referrals. See our IP infringement handling service or contact our team.

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