In brief
Vietnam's amended Law on Intellectual Property ("2025 IP Law" or "Law"), adopted by the National Assembly on 10 December 2025, officially takes effect today, 1 April 2026.
The amendments modernize intellectual property (IP) protection, streamline industrial property procedures, and strengthen enforcement, supporting Vietnam's technology-driven and digital economy.
Please refer to our previous alert, which outlined the key features of the 2025 IP Law.
This alert provides an overview of the key amendments, together with the relevant transitional provisions and the upcoming implementing regulations following the Law's entry into force.
Recommended actions
- Review your IP portfolio to identify registrations, pending applications, and enforcement priorities that may be affected by the 2025 IP Law.
- Reassess filing strategies for patents, trademarks, industrial designs, and geographical indications in light of the shorter publication, opposition, and examination timelines.
- Monitor pending applications closely, especially those filed before 1 April 2026, to determine which procedural aspects will now be subject to the new law.
- Strengthen watch and opposition strategies to respond more quickly to conflicting third-party filings within the revised timelines.
- Update digital IP protection measures, particularly for online platforms, intermediaries, and businesses operating in the digital space, given the expanded intermediary liability framework.
- Review enforcement readiness to ensure internal teams and external advisers are prepared to use the new administrative and civil tools available under the amended law.
- Track upcoming decrees and circulars closely, as further guidance will be critical to the practical application of the 2025 IP Law.
In more detail
1. Key highlights
- Modernization of industrial property procedures
- Shorter timelines for publication, opposition, and substantive examination across patents, trademarks, industrial designs, and geographical indications
- Fast-track examination mechanisms for patents and trademarks
- An expanded definition of industrial designs, covering non-physical forms, parts of products, and additional acts of use
- Expanded intermediary liability
- Stronger obligations for internet service providers (ISPs) and digital platform operators to protect IP rights in the online environment
- Extension of the safe harbor regime to all categories of IP, rather than only copyright and related rights
- A new requirement for platforms to adopt proactive IP protection measures, reflecting a shift toward more active enforcement in the digital space
- Stronger enforcement framework
- New and more robust enforcement tools, particularly for digital environments, increasing potential liability for infringers and clarifying available administrative and civil remedies
- Greater ability for rights holders, courts, and authorities to address both traditional and online IP infringements more effectively
- Strong digital focus
- Clearer rules on the protection of computer programs, backup rights, and the lawful use of data for artificial intelligence (AI) training and research purposes
2. Transitional provisions
Upon taking effect, the 2025 IP Law introduces transitional provisions to clarify which matters will be governed by the new law and which will remain subject to the previous law during the transition period.
- Pending industrial property applications
As a general rule, industrial property applications filed before 1 April 2026 will continue to be processed under the law in force at the time of filing. However, the following matters will be governed by the 2025 IP Law:
- Formality examination: applies to applications filed before 1 April 2026 that have not yet been accepted as to formality by that date
- Opposition timeline: applies to applications published on or after 1 April 2026
- Substantive examination timeline: applies to applications published on or after 1 April 2026
- Ongoing infringement cases
- IP infringement cases received by the competent authorities before 1 April 2026 but not yet resolved will continue to be handled under the previous IP Law, in particular the Law on Intellectual Property No. 50/2005/QH11, as amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15, and Law No. 93/2025/QH15
3. Guiding decrees under the 2025 IP Law to watch
While the 2025 IP Law sets out key reforms and broad principles, a number of provisions will require more detailed guidance to ensure consistent application in practice, as many remain framework-level rules for IP owners and practitioners.
Following the Law’s entry into force, the Vietnamese Government is revising the relevant guiding decrees to align with the new law, including:
- Decree 65/2023/ND-CP (industrial property, plant varieties, and enforcement)
- Decree 17/2023/ND-CP (copyright and related rights)
- Decree 99/2013/ND-CP (administrative sanctions in industrial property)
Further guidance on the amended provisions is expected to be issued through these decrees, followed by implementing circulars from the relevant authorities in the coming months.
Conclusion
The 2025 IP Law marks an important milestone in aligning Vietnam's IP regime with the needs of a digital, innovation-led economy. By modernizing IP protection, streamlining industrial property procedures, and reinforcing enforcement mechanisms, the Law provides a stronger foundation for businesses, innovators, and rights holders to protect and maximize the value of their intellectual assets.
We will continue to monitor the forthcoming implementing regulations and provide updates as further developments emerge.
In the meantime, IP owners should take proactive steps to prepare for the 2025 IP Law by reviewing their IP portfolios, reassessing protection and commercialization opportunities, and refining their filing, prosecution, and monitoring strategies to reflect shorter procedures. Particular attention should also be given to monitoring conflicting third-party filings and strengthening enforcement strategies in response to growing digital risks and expanded intermediary liability.
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Hoa Tran, Partner, Nhung Nguyen, Associate, and Van Do, Patent Attorney, have co-authored this legal update.
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