Vietnam's Intellectual Property Registration Framework from April 1, 2026

Clarifying the basis for IP rights establishment

Under the revised framework, Vietnam reaffirms and refines the legal grounds for the creation and recognition of IP rights. From April 2026, IP rights are formally defined as the rights of organizations and individuals over:

• Copyright and related rights;
• Industrial property rights; and
• Plant variety rights.

This consolidated definition aligns Vietnam’s legal framework more closely with international standards.

Notably, the revised law also empowers the government to define the conditions for establishing IP rights for creations involving artificial intelligence (AI), signaling a forward-looking regulatory approach.

Copyright and related rights

Copyright arises automatically once a work is created and fixed in a tangible form, regardless of publication status or registration. Similarly, related rights (e.g., performances, recordings, broadcasts) are established upon fixation or execution, provided they do not infringe existing copyrights.

Industrial property rights

These rights are primarily established through registration or official recognition:

• Patents, industrial designs, layout designs, and trademarks require a protection title issued by competent authorities or recognition under international treaties.
• Well-known trademarks are protected based on use, without requiring registration.
• Geographical indications are protected through registration or treaty-based recognition.
• Trade names and trade secrets are established through lawful use and confidentiality measures.
• Rights against unfair competition arise from actual business practices.

Plant variety rights

These are granted upon issuance of a Plant Variety Protection Certificate granted by competent authorities in accordance with the provisions of the revised IP Law.

Updated filing procedures

The revised regulations also modernize filing procedures:

• Eligible applicants:
  • Vietnamese entities and foreign individuals residing or operating in Vietnam may file directly or through authorized representatives.
  • Foreign applicants without a local presence must file through a licensed IP representative in Vietnam.
• Submission formats:
  • Applications can be filed in paper form or electronically via the national IP filing system.

These changes reflect Vietnam’s ongoing push toward digitalization and improved accessibility in administrative procedures.

General requirements for IP applications

The amended law introduces clearer and stricter requirements for industrial property applications:

• Applications must include documentation describing the protected subject matter and related materials.
• All filings must be in Vietnamese, although certain supporting documents may be submitted in other languages, provided they are accompanied by required translations.
• Each application must generally relate to a single IP object, with limited exceptions:
  • A group of inventions with a unified inventive concept may be filed together;
  • Multiple industrial designs may be included if they share a common creative concept; and
  • A single trademark application may cover multiple goods or services.
• Applicants bear full responsibility for the accuracy of submitted information. Misrepresentation may lead to the revocation of granted protection titles.

Shortened examination timelines

One of the most impactful changes is the reduction and standardization of examination periods for IP applications:

The new approach replaces maximum time limits with fixed deadlines and consolidates timelines across different IP categories. This is expected to improve predictability and reduce administrative delays.

Implications for businesses and investors

The 2026 amendments strengthen Vietnam’s IP protection regime by:

• Enhancing clarity on how rights are established;
• Reducing processing times for IP registration;
• Increasing accountability for applicants; and
• Expanding the legal framework to accommodate emerging technologies such as AI.

For businesses, particularly foreign investors and innovation-driven enterprises, these reforms are likely to improve confidence in Vietnam’s IP enforcement environment while lowering procedural barriers to protection.