In brief
The Government of Vietnam has formally responded to the U.S. Trade Representative's (USTR) Section 301 investigation into intellectual property (IP) protection and enforcement in Vietnam, presenting one of the country's most detailed public defenses of its IP regime in recent years. In a substantial submission filed in July 2026, Vietnam argues that its IP framework is modern, non-discriminatory and increasingly effective, and that the record does not support the imposition of trade measures under Section 301.
Key takeaways
- Nearly 20,000 IP infringement cases handled by market surveillance authorities between 2021 and 2025.
- Over 700 criminal cases involving counterfeit goods offences initiated during 2021–2025.
- More than 115,000 infringing product listings and 30,000 online stores removed or blocked in the first half of 2026 alone.
- Vietnam is increasingly positioning IP protection as an investment, innovation and competitiveness issue, not only a trade compliance issue.
In more detail
1. Vietnam is making a "progress" argument
- The most notable feature of Vietnam's response is not any single enforcement statistic, but the broader narrative it seeks to establish.
- Throughout the submission, Vietnam argues that the relevant question under Section 301 is not whether infringement continues to exist, but whether the country is making meaningful progress towards stronger protection and enforcement. The response points to extensive legal reforms since 2022, increased enforcement activity and ongoing cooperation with US authorities and rights holders as evidence that Vietnam is moving in the right direction.
- The scale of enforcement activity cited is central to that message. Between 2021 and 2025, market surveillance authorities handled nearly 20,000 IP-related violations, while police handled more than 13,800 violations involving counterfeit and infringing goods. Administrative penalties imposed by market surveillance and police authorities exceeded VND 683 billion (approx. USD 26 million) in aggregate, while infringing goods worth more than VND 1.3 trillion (approx. USD 49.4 million) were seized, destroyed or otherwise dealt with by authorities.
- The message is clear: Vietnam wants USTR to focus on enforcement momentum, not only enforcement gaps.
2. Online enforcement has become the centerpiece
- If the submission is intended to show where enforcement has changed most visibly, the digital environment is at the center of the story.
- Vietnam acknowledges longstanding US concerns regarding online piracy and e-commerce infringement. It responds, however, with a substantial set of statistics designed to show that online enforcement has become a major priority. Authorities reported blocking access to 1,052 infringing websites during 2026, including websites distributing pirated films, television content and other protected works.
- The e-commerce figures are even more striking. Between 2020 and 2025, authorities worked with major online platforms to remove more than 258,000 infringing products and block or close almost 91,000 infringing online stores. In the first six months of 2026 alone, e-commerce platforms reportedly removed 115,656 infringing products and blocked more than 30,467 stores.
- For rights holders, those figures underscore that online marketplaces, digital platforms and social commerce channels are becoming the primary battleground for IP enforcement in Vietnam.
3. Criminal enforcement is no longer exceptional
- Another recurring theme in the submission is the growing use of criminal enforcement as part of Vietnam's IP enforcement toolkit.
- Between 2021 and 2025, authorities initiated 138 criminal cases involving industrial property rights offences under Article 226 of the Criminal Code. More significantly, they initiated 721 criminal cases involving 1,391 accused persons relating to the manufacture and trade of counterfeit goods, with prosecutors pursuing hundreds of those cases through the courts.
- Vietnam also appears keen to highlight its willingness to pursue large-scale, organized activity. One featured copyright case involved a network of more than 100 websites providing access to over 26,000 unauthorized films and allegedly generating approximately USD 12.85 million in advertising revenue. Authorities also highlighted actions involving major piracy platforms such as Fmovies and Y2Mate as examples of increasingly sophisticated enforcement.
- For rights holders, this may be one of the most significant developments in the submission. Vietnam is effectively signaling that criminal prosecution is becoming a mainstream enforcement tool, rather than a measure of last resort.
4. A more coordinated enforcement ecosystem
- The submission repeatedly references cooperation among police, customs, market surveillance authorities, prosecutors and government ministries. It also points to partnerships with e-commerce platforms, rights holders and international enforcement agencies as evidence that enforcement is becoming more institutionalized.
- Customs authorities alone reported handling 351 cases involving counterfeit or infringing goods between 2021 and 2025, with further enforcement activity in the first half of 2026. Vietnam also highlighted numerous memoranda of understanding with industry groups and multinational companies focused on anti-counterfeiting and IP protection.
- Notably, the Government's submission draws on a number of representative enforcement cases and cooperation initiatives involving major international rights holders and foreign-invested enterprises. Several examples cited involve rights holders represented by BMVN, with the firm specifically named multiple times throughout the submission. While these references primarily showcase Vietnam's enforcement achievements, they also highlight the role played by experienced intermediaries in facilitating engagement between rights holders and enforcement authorities. In that context, BMVN's repeated appearance in a submission intended to demonstrate Vietnam's enforcement credentials to USTR is noteworthy and reflects the firm's longstanding involvement in anti-counterfeiting and IP enforcement efforts in Vietnam.
5. This is ultimately an economic story
- Perhaps the most interesting aspect of the response is that it is not only about IP. Throughout the submission, Vietnam links stronger IP protection to broader economic objectives, including foreign investment, innovation, digital transformation and integration into global supply chains. Vietnam repeatedly argues that IP protection is a domestic policy priority because it supports economic upgrading and competitiveness, not merely because it fulfils international commitments.
- In that sense, the response reads less like a narrow legal defense and more like an investment narrative. Vietnam is effectively telling USTR, and the wider business community, that stronger enforcement is part of its ambition to become a higher-value, innovation-driven economy.
Conclusion
The key takeaway is not simply whether the Section 301 investigation ultimately results in trade action.
More importantly, Vietnam's submission signals that IP enforcement is becoming a more permanent feature of the country's economic and regulatory strategy. Through increasing criminal prosecutions, large-scale online enforcement, stronger inter-agency coordination and closer engagement with rights holders, Vietnam is seeking to demonstrate that the direction of travel is as important as the destination.
For businesses operating in Vietnam, that may be the most significant message emerging from the response.
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Hoa Tran, Partner, Dung Pham, Special Counsel, and Alison Nguyen, Associate, have co-authored this legal update.
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