Vietnam Proposes Stricter Penalties and Higher Thresholds for IP-Related Crimes in Draft Criminal Code
15 Apr 2025
Vietnam
share
On April 3, 2025, the Ministry of Justice unveiled the draft Criminal Code 2015, marking a significant update from its previous revision in 2019. This new draft introduces substantial changes to IP-related crimes, specifically addressing Copyright and Related Rights Infringement under Article 225, as well as Industrial Property Infringement under Article 226. These amendments propose stricter penalties and heightened criminality for such infringements.
Accordingly, the draft Criminal Code suggests doubling the value of the thresholds of the crimes as follows:
Copyright, Related rights Infringement Crime:
• Illicit profits of the infringer from VND 100,000,000 (approx. EUR 3,400) to VND 600,000,000 (approx. EUR 20,600); or
• Damages of the copyright, related right owner from VND 200,000,000 (approx. EUR 6,850) to VND 1,000,000,000 (approx. EUR 34,300); or
• Value of the seized goods from VND 200,000,000 (approx. EUR 6,850) to VND 1,000,000,000 (approx. EUR 34,300).
Industrial Property Infringement Crime:
• Illicit profits of the infringer from VND 200,000,000 (approx. EUR 6,850) to VND 600,000,000 (approx. EUR 20,600); or
• Damages of the copyright, related right owner from VND 400,000,000 (approx. EUR 13,700) to VND 1,000,000,000 (approx. EUR 34,300); or
• Value of the seized goods from VND 400,000,000 (approx. EUR 13,700) to VND 1,000,000,000 (approx. EUR 34,300).
While the length of imprisonment remains unchanged, the monetary fines have been significantly increased. For individuals, the primary fine has been raised to a range of VND 100,000,000 (approx. EUR 3,400) to VND 2,000,000,000 (approx. EUR 68,640), and organizations face a doubled fine. Additionally, individuals may incur an extra fine ranging from VND 40,000,000 (approx. EUR 1,370) to VND 400,000,000 (approx. EUR 13,730).
The Ministry of Public Security is responsible for drafting a proposal to raise the threshold for certain crimes. This change reflects the need to adjust for inflation since the thresholds were originally set in 2009. Additionally, the proposal includes stronger punishments to enhance deterrence and more effectively protect the public's legitimate interests.
The National Assembly is anticipated to approve the Draft Criminal Code in October 2025.
If you have any inquiries regarding intellectual property protection in Vietnam, please contact us at [email protected].
