Vietnam has introduced a significant update to its copyright enforcement regime with the issuance of Decree No. 341/2025/ND-CP, which takes effect on 15 February 2026. Replacing the previous framework that had been in place for over a decade, the new decree reflects Vietnam’s evolving intellectual property landscape and its growing engagement with international treaties governing digital content. While retaining certain familiar elements, the decree modernises administrative enforcement by recalibrating sanctions, expanding infringing acts, and strengthening procedural safeguards to address contemporary enforcement challenges, particularly those arising in online and cross-border contexts.

A notable development under Decree 341 is the broadened scope of enforcement and remedies. Administrative sanctions may now apply to both domestic and foreign entities whose online infringing activities impact users in Vietnam, underscoring the authorities’ intent to respond more effectively to cross-border digital exploitation. Although statutory maximum fines remain unchanged, penalties are now assessed using a more structured and proportionate approach, taking into account illegal profits, harm to rights holders, or the value of infringing goods. Most significantly, the range of remedial measures has been dramatically expanded, granting enforcement bodies greater flexibility to impose sanctions such as content blocking, profit disgorgement, and mandatory corrective actions—tools that were previously associated primarily with civil litigation.

The decree also refines enforcement procedures and clarifies the powers of competent authorities, while introducing safeguards designed to prevent premature administrative action where substantive ownership or scope disputes exist. Although certain aspects of implementation, including the calculation of illicit profits, will require further regulatory guidance, the overall framework represents a decisive step towards stronger and more effective copyright protection. Rights holders with commercial interests in Vietnam should reassess their enforcement strategies in anticipation of this enhanced regime and be prepared to utilise the broader range of administrative tools available from early 2026.

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