Copyright infringement in Vietnam has seen a sharp increase in recent years, driven by rapid digital transformation and expanding commercial markets. For authors and copyright owners, protecting “brainchildren” from unauthorized exploitation is now more critical than ever.
As a leading IP law firm, SBLAW provides essential insights into copyright infringement acts and the legal remedies available under the Vietnam Civil Code and Intellectual Property (IP) Law.
1. What Constitutes Copyright Infringement in Vietnam?
According to Vietnamese IP legislation, an author or copyright owner has the right to take legal action if any entity conducts the following activities without their explicit consent:
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Unauthorized Publicizing & Dissemination: Publicly sharing or distributing a work, performing a theatrical production, broadcasting a film or videotape, or making audio/visual recordings or live broadcasts from a performance venue.
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Unauthorized Alterations: Adding, reducing, or amending the core contents of a protected work.
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Imitation for Gain or Use: Imitating plastic/visual art works either for sale or personal usage.
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Plagiarism: Copying the contents of another person’s work and embedding it into one’s own work.
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Commercial Piracy & Duplication: Duplicating, setting, or assembling radio/TV programs, audio/music tapes and discs, films, and computer software for commercial purposes.
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Derivative Violations: Translating, re-creating, transforming, or adapting original works without permission.
2. Legal Remedies: How to Deal with Infringements
When a copyright violation is detected, the Vietnam Civil Code and IP Law empower owners to take swift action.
Owners are entitled to request inspectors from the Vietnam authority to step in. The competent authorities can compel the infringer to:
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Cease the infringement immediately.
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Issue a public apology and a public rectification.
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Compensate the copyright owner for proven damages.
3. The Three Enforcement Mechanisms in Vietnam
Under the Vietnam IP Law, copyright disputes and piracy are not handled through a single track. Depending on the scale, severity, and intent of the violation, cases can be resolved through three primary procedures:
Administrative Procedures
This is the most common and cost-effective route for halting piracy quickly. Authorities like the MIC inspectors, Market Management Bureau, or Customs can raid facilities, seize pirated goods (such as illegal software or copied books), and issue monetary fines.
Civil Procedures
If you are seeking significant financial compensation for damages, a civil lawsuit at a competent court is necessary. The court can order preliminary injunctions, force the destruction of infringing materials, and award damages based on actual losses or lost profits.
Criminal Procedures
For large-scale commercial piracy—especially involving willful replication of computer software, music, or cinematographic works—infringers can face criminal prosecution. This can result in heavy corporate fines or imprisonment for individuals.
Why Partner with SBLAW for Copyright Enforcement?
Navigating anti-piracy enforcement in Vietnam requires deep local expertise and strong coordination with state ministries. SBLAW acts as your trusted local representative to:
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Monitor, detect, and collect evidence of copyright piracy.
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Draft and send formal Cease and Desist letters.
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Represent your interests before the Ministry of Information and Communications, Tòa án (Courts), and enforcement police to secure your rights and compensation.
Protect your creative assets before it’s too late. Contact ipright.vn and SBLAW today for a comprehensive copyright protection strategy in Vietnam.
