New Circular No. 08/2026/TT-BVHTTDL: 4 Breakthrough Changes in Copyright Registration & AI Regulation in Vietnam

The explosion of generative artificial intelligence (AI) has presented unprecedented challenges to global and local intellectual property frameworks. Keeping pace with global technological trends and tightening control over creative digital assets, the Ministry of Culture, Sports and Tourism of Vietnam officially issued Circular No. 08/2026/TT-BVHTTDL. This landmark regulation introduces a highly updated system of mandatory forms for copyright and related rights registration.

As a premier full-service IP Agent in Vietnam, SBLAW highlights the 4 critical breakthroughs that creators, developers, and global enterprises must comply with starting in 2026.

1. Regulatory Context & Effective Dates

• Effective Date: Circular No. 08/2026/TT-BVHTTDL officially entered into force on April 22, 2026, completely superseding the previous Circular No. 08/2023/TT-BVHTTDL.

• Mandatory Compliance: All copyright and related rights application dossiers submitted to Vietnamese state management authorities must strictly adapt to this new regulatory framework.

• Transition Regulation: Older statutory forms remain valid only if they were successfully filed with the competent government agency before the absolute cut-off date of April 22, 2026.

2. The 4 Core Breakthroughs for Applicants

Breakthrough 1: Separation and Specialization of 14 Declaration Forms

To overcome the systematic bottlenecks caused by the old combined application templates—which heavily hindered precise administrative filing and data indexing—the new Circular establishes an architecture of 14 completely separate declaration forms (under Appendix I).

Under the repealed Circular No. 08/2023/TT-BVHTTDL, the system relied on only 9 general application forms. The 2026 updates introduce highly specialized application forms explicitly engineered for post-issuance procedures:

• Forms No. 10 and 11: Application forms dedicated exclusively to the re-issuance of the Copyright/Related Rights Certificate.

• Forms No. 12 and 13: Application forms engineered for the replacement of the Certificate.

• Form No. 14: Application form to initiate the formal cancellation of a Certificate’s legal validity.

This high degree of specialization allows state examiners to accurately evaluate, verify, and categorize applications right from the preliminary intake phase.

Breakthrough 2: Absolute Transparency in the Use of Artificial Intelligence (AI)

This stands as the most revolutionary legal update designed to monitor AI-generated works in the tech era. The Circular enforces two separate, mandatory appendices that applicants must fully disclose and complete if any AI system was deployed during the creative lifecycle:

• A formal description and declaration regarding the usage of artificial intelligence-assisted systems in the creative process of the work.

• A detailed description and assurance regarding the structural deployment of AI in shaping or exercising related rights.

Technical Metadata Required for Disclosure:
1. The exact brand/name of the AI engine used and the specific stage of the creative process where the AI intervention occurred.
2. The definitive nature of its use (e.g., whether the AI acted as a basic tool, generative creator, or suggestion mechanism) and the precise text commands (prompts) engineered to operate the AI system.
3. A clear, quantifiable distinction: Drawing a firm line between components directly authored by human intellect and segments generated by the AI. Crucial Legal Liability: The author must explicitly guarantee that the integration of AI does not substitute the direct creative role of human intellect. Furthermore, the applicant bears sole and absolute legal responsibility if any infringement disputes crop up regarding AI-generated content in the future.

Breakthrough 3: Tightening and Heavy Verification of Author Commitments

While the old framework allowed for brief, generalized declarations casually embedded within the application form, the new Circular heavily tightens and details the terms of the author’s/co-author’s personal declarations to prevent legal violations:

• Anti-Plagiarism Commitment: The author must execute a binding commitment that the entire work is their own original creation, is not cloned, and zero parts infringe upon the intellectual property of third parties.

• Content Compliance: The underlying assets must be free from elements that violate or distort statutory laws, or harm national sovereignty, territorial integrity, borders, history, religious harmony, or local public customs and morals.

• For Computer Programs and Video Games: Applicants must execute a specific declaration affirming that the software is completely non-fraudulent and contains no illegal mechanisms for cash conversion.

Breakthrough 4: Structural Reform of the Protection Certificate Architecture

The updated administrative framework increases the total variation of Copyright Protection Certificates from 2 forms (under the 2023 rules) to 4 distinct Certificate formats. Alongside the 2 conventional formats issued for fresh applications, Circular 08/2026 adds 2 specialized models:

• Form No. 03: Certificate form engineered strictly for renewals/replacements.

• Form No. 04: Certificate form engineered strictly for re-issuances.

3. Strategic Recommendations by SBLAW’s IP Attorneys

The modern filing protocols under Circular No. 08/2026/TT-BVHTTDL demand a significantly higher degree of technical precision, particularly regarding the disclosure of engineering prompts and the separation of human vs. AI contribution bounds. Any data inconsistencies or false declarations can lead to immediate application rejections or subsequent certificate cancellations due to a breach of commitment.

To bulletproof your creative assets and minimize registration turnaround times, authors, digital artists, software developers, and enterprises should partner with an accredited legal agent. SBLAW offers expert, end-to-end management:

• Reviewing creative works to audit AI intervention metrics and structure compliant prompt disclosures.

• Drafting and optimizing application files across the new system of 14 separate declaration forms.

• Representing clients in application prosecution, certificate renewals, re-issuances, and aggressive copyright enforcement actions.