In brief
A draft decree introducing significant updates to Vietnam’s copyright regulatory framework has recently been released (“Draft Decree”), marking the most substantial revision to Decree No. 17/2023/ND-CP guiding the Intellectual Property Law on copyright and related rights.
The Draft Decree seeks to modernize copyright protection in response to AI-assisted creation, strengthen governance and enforcement, and reduce unnecessary administrative burdens.
Notably, the Draft Decree reinforces a human-centric authorship principle, clarifies when copyrighted materials may be used for AI training and research, and introduces new compliance obligations for AI operators. Together, these changes signal Vietnam's move toward a more technology-aware yet rights-protective copyright regime.
The Draft Decree is expected to be submitted for official review under a fast-track procedure and, if approved, will take effect in the first half of 2026.
Key takeaways
The Draft Decree proposes wide-ranging amendments across definitions, registration procedures, enforcement mechanisms and AI-related rules. Key developments include:
- Establishment of a unified national copyright and related rights database
- Detailed criteria for determining the copyrightability of AI-assisted works
- Conditions and opt-out mechanisms for copyright owners in relation to AI training and research
- New recordkeeping and accountability obligations for AI operators
- Simplified and reduced administrative formalities and procedures
- Updated rules governing the destruction of counterfeit goods
Overall, these reforms aim to enhance transparency, safeguard human creativity, and strengthen the administration and enforcement of copyright and related rights in Vietnam.
In more detail
Establishment of a national copyright and related rights database
- The Draft Decree lays the groundwork for a unified, state-managed database covering copyrights and related rights. This includes structured data collection, interagency information sharing and integration with other relevant official systems.
- Public access to information on the protection status of IP, particularly copyright, is a cornerstone of effective IP protection. It helps prevent inadvertent infringement, clarifies key dates and identifies presumed rightsholders. Therefore, an accessible national database is expected to significantly improve transparency and enhance enforcement coordination.
Copyrightability of AI-assisted works
- The Draft Decree provides detailed criteria for assessing copyright protection for works created with the assistance of AI, reaffirming the fundamental principle that only humans may be recognized as authors. In particular, the Draft Decree states:
- Copyright will not arise where a work is generated entirely by AI or otherwise fails to meet statutory requirements.
- Copyright arises only where a work reflects meaningful human creative input, such as substantive prompting, refinement and editing, post-processing or direct human control.
- Applicants are also required to truthfully disclose the extent of AI involvement when applying for copyright or related rights registration.
- Importantly, the Draft Decree continues to recognize the rights of those who invest effort and creative judgment in producing a work, treating AI strictly as a tool. Copyright is generally attributed to those who substantially contribute to and determine the creative outcome, such as by crafting prompts, editing outputs or making final creative decisions. Accordingly, copyright will vest in the users of AI tools, rather than in the developers or providers of those tools.
Use of copyrighted text and data for AI training, experimentation and scientific research
- The Draft Decree sets out clearer conditions under which copyrighted text and data may be used for AI training, experimentation and scientific research. Under the Draft Decree copyrighted text and data may be used for these purposes when:
- The materials must be lawfully published and lawfully accessed.
- The use must be noncommercial and must not prejudice the legitimate rights and interests of rightsholders.
- AI outputs should not serve as substitutes for the original works in the consumer market or result in unfair competition with those works.
- Rightsholders are also granted opt-out mechanisms, allowing them to prohibit the use of their works for AI purposes through written notices or machine-readable signals.
- Conversely, AI operators are subject to new obligations, including: (i) controlling outputs to avoid harm to rightsholders' reputation and legitimate interests; (ii) maintaining technical, training and usage records; and (iii) providing those records upon request in the event of disputes or enforcement actions.
- Any use of copyrighted materials for AI training for commercial purposes must comply with applicable regulatory requirements, including obtaining permission and paying royalties where required.
- While the Draft Decree incorporates certain concepts found in EU legislation, such as lawful access and rightsholders' opt-out rights, it adopts a relatively cautious and limited approach to text and data mining (TDM) exceptions. This suggests that Vietnamese regulators remain wary of overly broad exceptions that could undermine human creators, facilitate widespread infringement or dampen domestic creativity.
Streamlined formalities and reduced administrative procedures
- The Draft Decree removes or simplifies several administrative requirements related to copyright and related rights registration:
- Introducing a 22-working day deadline for issuing registration certificates for valid applications
- Encouraging online submission of applications, alongside in-person and postal filing options
- These measures are intended to improve efficiency and reduce procedural friction for rightsholders.
Suspension of review during disputes
- The Draft Decree introduces an express mechanism to suspend the review and assessment of copyright or related rights applications in either of the following circumstances:
- A court or arbitral tribunal has accepted a dispute.
- A competent authority has accepted an appeal or formal complaint.
- The suspension will remain in effect until a final and legally enforceable decision is issued.
Updated rules on destruction of counterfeit goods
The Draft Decree clarifies procedures for the destruction of counterfeit goods and introduces exceptions for goods from which infringing elements have been removed and which are suitable for humanitarian, medical or other public interest uses.
Conclusion
The Draft Decree represents a major step toward modernizing Vietnam's copyright framework, particularly in response to rapid advances in AI technologies and evolving digital practices. If enacted, these reforms are expected to offer clearer guidance for rightsholders, greater legal certainty for AI developers and users, and a more coherent regulatory environment for Vietnam's creative and digital industries.
We would be pleased to assist with compliance assessments, policy submissions or tailored guidance as the regulatory landscape continues to develop.
*****
Hoa Tran, Partner, and Cam Tu Nguyen and Thi Nguyet Le, Associates, have co-authored this legal update.
© 2026 BMVN International LLC. All rights reserved. BMVN International LLC is in strategic alliance with Baker & McKenzie (Vietnam) Ltd., a member firm of Baker & McKenzie International, a global law firm with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a “partner” means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an “office” means an office of any such law firm. This may qualify as “Attorney Advertising” requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.