Vietnam's Amended IP Law (2026): What Businesses, Brand Owners & IP Managers Must Know

Last updated May 12, 2026, implements Law No.131/2025 and Decree No.100/2026

Vietnam’s amended IP law, enacted as Law No.131/2025 and effective from 1 April 2026, represents the most sweeping overhaul of the country’s intellectual property regime in over a decade. Accompanied by Decree No.100/2026/ND-CP and Circular 10/2026, the reforms compress trademark registration timelines, introduce clearer rules on AI-generated inventions, and create a workable legal framework for using IP as loan collateral and capital contribution. For in-house counsel, IP managers and foreign investors operating in Vietnam, the practical effect is a tighter compliance window and a broader set of strategic opportunities. This guide delivers the step-by-step checklists, enforcement playbooks and sample clauses needed to act now.

1. At-a-Glance: Key Changes Under the Vietnam Amended IP Law

Three clusters of reform demand immediate attention from rights-holders doing business in Vietnam. Each touches a different part of the IP lifecycle, registration, monetisation and enforcement, and each is now governed by new implementing rules under Decree No.100/2026.

• Faster trademark prosecution. The amended IP law Vietnam framework shortens formality examination, publication and opposition windows. Applicants now benefit from an accelerated examination track and, for the first time, sound marks are registrable subject matter.
• Clearer AI-invention rules. Law No.131/2025 codifies the requirement that a natural person must be named as inventor, while Decree No.100/2026 prescribes the evidence applicants must file when AI tools have been used in the inventive process.
• IP as collateral and capital contribution. New provisions allow registered trademarks, patents, copyrights and trade secrets to be pledged as security for loans or contributed as capital to a company, subject to registration, valuation and perfection requirements set out in the decree.

Legislative Timeline

Industry observers expect further guidance circulars to be issued throughout 2026 as IP Vietnam refines its examination practices. Rights-holders should monitor the IP Vietnam legal documents portal for updates.

2. Trademark Registration Vietnam: Faster Timelines and How to File Under the 2026 Rules

The reformed trademark registration Vietnam framework under Decree No.100/2026 compresses every major procedural stage. The likely practical effect for brand owners is that a straightforward application can now reach registration significantly faster than under the previous regime, provided formality requirements are met from the outset.

Timeline Comparison: Old vs New Procedures

The compressed opposition window, now three months from publication, is particularly significant. Opponents must file earlier and with stronger initial evidence, while applicants gain faster certainty on registrability.

Step-by-Step Filing Checklist

1. Pre-filing clearance search. Run a comprehensive search on IP Vietnam’s online database covering identical and similar marks in the relevant Nice classes. Consider extending the search to well-known mark records.
2. Prepare the application dossier. Include the applicant’s details, a clear reproduction of the mark, a list of goods/services classified under the Nice Classification (12th edition), and a power of attorney (notarised and legalised for foreign applicants).
3. Claim priority (if applicable). File within six months of the first foreign application. Attach the priority document with a certified Vietnamese translation.
4. Non-traditional marks. For sound marks, now registrable for the first time under the amended IP law, include an audio file in MP3 format, a musical staff notation or sonogram, and a written description of the sound.
5. Request accelerated examination. Under Circular 10/2026, applicants may request an accelerated track by filing an additional fee and a declaration of urgency. Early indications suggest the accelerated track can reduce substantive examination to approximately three months.
6. Translation and specimen notes. All foreign-language marks must include a transliteration and meaning statement. Specimens of use, while not mandatory at filing, should be prepared for any post-examination office action.
7. Monitor the IP Gazette. Once published, actively monitor for third-party oppositions, particularly during the now-shorter three-month window.
8. Respond to office actions promptly. Under the new regime, response deadlines are strictly enforced. Missed deadlines may result in deemed abandonment of the application.

What to do now: Audit pending applications to confirm they meet updated formality requirements. Any applications filed before 1 April 2026 that have not yet entered substantive examination may be subject to the new timelines under Decree No.100/2026’s transitional provisions.

3. AI Inventions Vietnam: Patentability, Inventorship and Prosecution Strategy

The treatment of AI inventions Vietnam applicants face has been among the most anticipated aspects of Law No.131/2025. Vietnam joins a growing number of jurisdictions that require a natural person to be named as inventor while providing a structured pathway for disclosing AI involvement in the inventive process.

Under the amended law, an invention remains patentable if it satisfies the standard three-part test, novelty, inventive step and industrial applicability, regardless of whether AI tools were used during development. However, Decree No.100/2026 introduces new documentary requirements for applications where AI has played a material role. The decree mandates that applicants file a human contribution statement explaining the specific intellectual contribution of the named inventor(s) and the role of the AI system.

The likely practical effect is that examiners at IP Vietnam will scrutinise inventive-step arguments more closely where AI disclosure is present. Applicants should therefore structure claims to emphasise the human decision-making that directed or refined the AI output.

Patentability Checklist for AI-Assisted Inventions

• Name a natural person as inventor. An AI system cannot be listed as inventor under Vietnamese law. The named inventor must have made an identifiable intellectual contribution to the conception of the invention.
• Prepare a human contribution statement. This should describe: (a) the problem the inventor sought to solve; (b) the AI tool used and its function; (c) the specific creative or technical decisions made by the human inventor to arrive at the claimed solution.
• Maintain AI development logs. Retain dated records of training data selection, parameter tuning, output evaluation and any iterative modifications. These logs may be requested during examination or in post-grant proceedings.
• Draft claims to highlight human-directed innovation. Avoid purely functional claim language that could be characterised as machine-generated output. Instead, frame claims around the technical effect achieved through human-selected design choices.
• File supporting evidence early. Where the human contribution statement is insufficient, examiners may issue an office action requesting supplementary evidence. Having logs and internal documentation ready accelerates prosecution.

What to do now: Establish an internal protocol for documenting AI involvement in R&D. Any patent application filed after 1 April 2026 involving AI-assisted invention must include the human contribution statement at the time of filing or within the prescribed deadline set out in Circular 10/2026.

4. Use IP as Collateral Vietnam: Capital Contribution, Pledges and Practical Steps

One of the most commercially significant reforms under the Vietnam amended IP law is the establishment of a clear legal basis to use IP as collateral for secured lending and as non-cash capital contribution to companies. While the concept existed in principle under the Civil Code, Law No.131/2025 and Decree No.100/2026 now provide the procedural mechanics that lenders and investors previously lacked.

Eligible collateral types include registered trademarks, granted patents and utility solutions, registered industrial designs, copyright (including software copyright registered with the Copyright Office of Vietnam), and, subject to valuation requirements, trade secrets. The security interest must be registered with the relevant national registry (IP Vietnam for industrial property rights, or the Copyright Office for copyright-based collateral) to achieve perfection and priority over competing claims.

Due Diligence Checklist for IP-Backed Transactions

Sample IP Pledge Clause

The following is a simplified template for illustrative purposes and must be reviewed by local counsel before execution.

“The Pledgor hereby pledges to the Pledgee, as security for the Secured Obligations, all of the Pledgor’s right, title and interest in and to the IP Right(s) described in Schedule A (the ‘Pledged IP’), including without limitation the right to use, license, transfer and enforce such Pledged IP. This pledge shall be perfected by registration with the Intellectual Property Office of Vietnam within [15] working days of execution. The Pledgee’s priority over competing security interests shall be determined by the date of such registration.”

What to do now: Review existing loan agreements and joint-venture contracts for IP-related provisions. Where IP is being contributed as capital or pledged as security, ensure that the new registration and perfection requirements under Decree No.100/2026 are met.

5. IP Enforcement Vietnam: Anti-Counterfeiting Raids, Customs Coordination and Remedies

The enforcement provisions under the amended IP law strengthen the position of rights-holders pursuing IP enforcement Vietnam actions across administrative, civil and criminal channels. Decree No.100/2026 raises the ceiling on administrative fines, clarifies the threshold for criminal referral and streamlines the customs recordation process for border seizures.

From a practical standpoint, the most important changes are threefold: higher administrative penalties that create a genuine deterrent; a clearer pathway for criminal prosecution of large-scale counterfeiting operations; and a faster customs recordation procedure that enables rights-holders to intercept infringing goods at the border before they enter domestic commerce.

Administrative vs Criminal Enforcement: Remedies Comparison

Customs and Border Measures: Step-by-Step

1. Record IP rights with Vietnamese Customs. File a customs recordation application with the General Department of Vietnam Customs, attaching a certified copy of the IP registration certificate, specimen images of genuine and suspected counterfeit goods, and a power of attorney.
2. Provide intelligence. Supply customs officers with shipping routes, known counterfeit manufacturers, typical packaging details, and any barcode or serial-number verification methods.
3. Monitor and respond to detention notices. When Customs detains a suspected shipment, the rights-holder receives a notification and must confirm within the prescribed period whether the goods are infringing. Failure to respond in time may result in the release of the goods.
4. Coordinate with local counsel. On confirmation of infringement, counsel can initiate administrative or civil proceedings. Where the consignment exceeds the criminal-referral threshold under Decree No.100/2026, a referral to the Economic Police should be considered.
5. Preservation of evidence. Request that Customs maintain photographs, sample goods and import documentation as evidence for any subsequent enforcement proceedings.

What to do now: If your IP rights are not yet recorded with Vietnamese Customs, file a recordation application immediately. Under the anti-counterfeiting Vietnam provisions of the amended law, customs recordation is a prerequisite for proactive border seizures.

6. Immediate Compliance Sprint: 30/90/180-Day Plan for Rights-Holders

With the Vietnam amended IP law now in force, rights-holders should treat the post-effective period as a structured compliance sprint. The following phased plan prioritises the highest-impact actions.

30-Day Checklist (Priority Items)

• Audit your IP portfolio. Map all registered and pending IP rights in Vietnam. Confirm renewal status, ownership records and any outstanding office actions.
• File customs recordation. Submit recordation applications for all core trademarks and any patents at risk of border infringement.
• Accelerate critical filings. For high-priority marks not yet filed, submit applications under the new accelerated examination track.
• Review pending applications. Confirm that any applications filed before 1 April 2026 comply with updated formality requirements to avoid rejection under transitional provisions.

90/180-Day Tasks (Longer-Term Remediation)

• Update IP-related contracts. Review licence agreements, franchise agreements, loan documents and joint-venture contracts for compliance with the new IP-as-collateral registration and perfection requirements.
• Establish AI-invention documentation protocols. Implement internal procedures for recording human contribution statements, AI development logs and inventive-step evidence for future patent applications.
• Set an enforcement watchlist. Identify marketplaces, e-commerce platforms and geographic hotspots for counterfeit activity. Prepare takedown templates and coordinate with local enforcement counsel.
• Train internal teams. Conduct workshops for R&D, legal and procurement teams on the amended law’s impact on filing strategies, collateral documentation and enforcement triggers.

7. Practical Templates and Sample Clauses

The following templates are provided as starting points for common transactions affected by the amended IP law. Each must be localised and reviewed by Vietnamese counsel before execution.

(a) IP Pledge Clause, Secured Lending

“The Borrower irrevocably pledges to the Lender all right, title and interest in the registered trademark(s) identified in Schedule 1 (the ‘Pledged Marks’). This pledge shall be perfected by registration with the Intellectual Property Office of Vietnam. Upon an Event of Default, the Lender shall be entitled to enforce its security interest in the Pledged Marks in accordance with applicable law, including the right to transfer or license the Pledged Marks to satisfy the Secured Obligations.”

Required attachments: Certified copy of trademark registration certificate(s); independent valuation report; board resolution authorising the pledge.

(b) IP Capital Contribution, Board Resolution Notes

“RESOLVED that the Company accepts the contribution by [Shareholder Name] of the patent(s) described in Annex A as non-cash capital contribution, valued at VND [amount] based on the valuation report of [Licensed Valuation Firm], and that the Company Secretary shall file the requisite registration with IP Vietnam to record the transfer of ownership within [15] working days.”

Required attachments: Patent registration certificate; valuation report; amended investment registration certificate (for foreign-invested enterprises).

(c) Enforcement Preservation Letter, to Police/Customs

“Dear [Authority], we write on behalf of [Rights-holder], the registered owner of trademark No. [X] (copy attached), to request the detention and preservation of goods suspected of infringing the aforesaid trademark. The suspected goods are described as [description], imported by [importer name/vessel details], and are believed to arrive at [port/border gate] on or about [date]. We respectfully request that the Authority detain the goods and preserve all available evidence, including photographs, packaging samples and shipping documents, for use in subsequent enforcement proceedings.”

Required attachments: Power of attorney; certified copy of IP registration; specimen images of genuine and suspected infringing goods; customs recordation confirmation.

Conclusion

The Vietnam amended IP law is now in force, and the compliance window is narrowing. Whether the priority is securing faster trademark registrations, documenting AI-assisted inventions for patent prosecution, structuring IP-backed lending, or strengthening anti-counterfeiting enforcement, every rights-holder operating in Vietnam needs a concrete action plan. The legislative reforms under Law No.131/2025 and Decree No.100/2026 reward those who move early with clearer rights, stronger enforcement tools and new monetisation options. Delay, by contrast, risks non-compliance, missed deadlines and weakened IP positions in one of Southeast Asia’s fastest-growing markets.

Sources

1. Intellectual Property Office of Vietnam, Legal Documents
2. Baker McKenzie, Vietnam’s Newly Amended IP Law Takes Effect
3. Vietnam Briefing, Vietnam Amends Intellectual Property Law: Key Changes for Businesses
4. Rouse, Vietnam’s 2025 Amended IP Law: Major Reforms Effective from April 2026
5. WIPO, WIPOLex Vietnam Legislation
6. IPKEY, Getting to Know the Revised IP Law of Viet Nam