I. Three Primary Enforcement Channels
1. Administrative Remedies – Fast and Practical
Authorities: National Office of Intellectual Property (NOIP), Ministry of Science and Technology's Inspection Team, Vietnam Customs, among others.
Measures:
General Administrative Actions: Warnings, fines (up to ~RMB 75,000 for individuals; RMB 150,000 for enterprises), confiscation of infringing goods/tools, license revocation, etc. Typical duration: 1–6 months.
Customs Border Protection: Rights holders may record trademarks with customs (valid for two years). Customs can then proactively inspect suspicious shipments. If infringement is suspected, the rights holder must file a suspension application within 3 working days and post a deposit equal to 20% of the goods' value (minimum ~RMB 6,000). Customs completes verification within 10–20 working days.
Limitation: No damages awarded. Economic compensation must be pursued separately through civil litigation.
2. Civil Litigation – Essential for Damages
New Specialized IP Courts (Effective 2025):
Established under the Law on Organization of People's Courts (effective Jan 1, 2025). These courts will handle first-instance IP civil and administrative cases and enforce judgments.
Tentative Jurisdiction (from July 1, 2025):
- Hanoi IP Court: Covers 20 provinces/cities (e.g., Hanoi, Hai Phong, Hue).
- Ho Chi Minh City IP Court: Covers 14 provinces/cities (e.g., Ho Chi Minh City, Can Tho, Da Nang).
The Supreme People's Court has issued draft guidelines for transferring cases after July 2025. Full operation is expected in late 2025 or early 2026.
Prior Court Practice:
- Remedies: Injunctions, elimination of infringing effects, damages (up to ~RMB 150,000 if losses unproven), reasonable attorney fees, etc.
- Timeline: First-instance cases take 18–24 months; appeals another 12–18 months. Total: 3–4 years.
- Jurisdiction: Foreign-related disputes are handled by provincial courts. Evidence and powers of attorney require notarization.
3. Criminal Proceedings – Effective Against Serious Infringement
Applicability: Large-scale counterfeiting or infringement generating substantial illegal profits.
Legal Basis: Vietnam's 2017 revised Criminal Code, which recognizes both individuals and legal entities as infringers.
Filing Criteria: Thresholds based on illegal profits or the value of infringing goods.
Penalties: Fines up to VND 2 billion (~RMB 570,000) for legal entities; individuals may face imprisonment, fines, or bans from serving in corporate positions.
II. Conclusion – From Compliance to Strategy
With shifting tariffs and stricter rules of origin, trademark protection in Vietnam has become more than a compliance exercise—it is a strategic investment. Companies should adopt a full-cycle trademark strategy:
- Upfront: Comprehensive searches and standardized registration.
- Ongoing: Active portfolio maintenance and watch services.
- Enforcement: Using a mix of administrative, civil, and criminal tools to deter and stop infringement.
- Brand Building: Employing combined marks, filing oppositions/invalidation actions, and integrating trademarks into Vietnam's supply chains to reinforce "Made in Vietnam" brand competitiveness.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
