 |
| Artists from the Ninh Binh Traditional Arts Theatre perform at the opening ceremony of the sixth International Experimental Theatre Festival in Ninh Binh province in November 2025__Photo: Dai Nghia/VNA |
The latest copyright litigations in the music and digital content sector mark a tougher phase in Vietnam’s efforts to protect intellectual property rights in cyberspace, where creative works can be copied, edited and monetised across digital platforms.
The recent institution of criminal proceedings against five well-known entities in music, entertainment and digital content has drawn public attention as one of the clearest signs of this tougher enforcement approach.
The cases involve Bihaco Trade and Media Service Joint Stock Company, better known as BH Media; Lululola Entertainment Company Limited; 1900 Group; May Sai Gon Company Limited; and Giong ca de doi Centre. Competent authorities instituted proceedings against several individuals linked to these entities on allegations of infringing upon copyright and related rights under Article 225 of the Penal Code.
Notably, the cases do not involve only individual or small-scale violators, nor are they merely disputes over the use of songs at live performances. The five entities are alleged to have organised performances, recorded and filmed songs, and then edited and copied them into different versions for commercial purposes on digital platforms through content exploitation partnerships.
In fact, copyright infringements in Vietnam’s digital environment have been common for years, but majority of cases have been handled mainly as civil disputes or administrative violations. The copying, editing and re-distribution of sound and video recordings, followed by commercial exploitation on YouTube, Facebook and other digital platforms, have often been seen as falling into a “grey area”, where the boundary between lawful content exploitation and copyright infringements has not always been clearly identified.
The latest prosecutions suggest that this boundary is now being drawn more clearly. Where an infringement is organised, commercial in nature and generating illicit gains, it may be subject to criminal handling rather than being treated just as an administrative violation or a civil matter.
No prohibited zones, no exceptions
The prosecutions took place in the context of the Prime Minister’s Official Telegraph 38/CD-TTg dated May 5, 2026, which called for drastic, synchronous and effective measures to combat, prevent and handle acts of intellectual property infringement.
The telegraph noted that although the fight against intellectual property violations had recorded positive changes in recent years, infringements remained complicated in a number of sectors and localities, affecting the investment and business climate as well as the lawful rights and interests of individuals, businesses and organisations.
It required ministries, sectors and localities to launch a nationwide enforcement campaign from May 7 to May 30, with violations to be handled strictly in the spirit of “no prohibited zones, no exceptions”. The Ministry of Public Security was assigned to take the lead in verifying, investigating and prosecuting serious cases involving copyright, related rights, marks and geographical indications, and in dismantling high-traffic online piracy websites, especially those storing or providing pirated films, music, mobile games and television programmes in Vietnamese and foreign languages.
The Government leader’s instruction was quickly followed by action from the public security forces. Speaking to the Government News, a representative of the Ministry of Public Security’s Investigation Police Department for Corruption, Smuggling and Economic Crimes, known as C03, said after one week of implementing Telegraph 38, police forces had detected, investigated and verified 18 cases involving acts of intellectual property infringement. They instituted proceedings in nine cases with 12 defendants, seized exhibits worth over VND 4.4 billion, administratively handled two cases and imposed fines totalling VND 38 million. Seven other cases were still under investigation and verification. C03 alone had instituted proceedings for five cases with seven defendants for infringement of copyright and related rights under Article 225 of the Penal Code.
Cyberspace as a new enforcement battleground
Legal experts say the latest enforcement campaign marks a notable shift in the way Vietnam handles copyright violations in the digital space, especially cases involving organised and commercial exploitation of protected works.
Lawyer Hoang Thi Huong Giang from Chinh Phap Law Office told online magazine Moi truong va Cuoc song (Environment and Life) that the latest prosecutions showed a more comprehensive and resolute approach by state agencies. While previous cases such as Phimmoi.net in 2021 and BestBuy IPTV in 2024 had brought about a certain deterrent effect, they mainly focused on individual platforms. The latest campaign, she said, directly targets larger entertainment systems and well-known entities accused of copyright infringement.
According to Giang, the key difference between administrative sanctions and criminal prosecution lies in the severity of the act and its impact on society and state management work, as assessed through the consequences caused by the infringer. For a criminal case to be instituted, investigating authorities must prove that the infringing act directly generated an illicit gain of at least VND 50 million or caused a material damage of at least VND 100 million to the rights holder.
She added that administrative sanctions usually involve warnings, fines and remedial measures, and are therefore not stringent enough to deter large-scale violations. Criminal sanctions, by contrast, are more severe. In addition to fines imposed as a principal penalty, offenders may face imprisonment and additional penalties such as confiscation of assets.
Sharing a similar view, lawyer Tran Manh Diep from M.I.T Intellectual Property Co., Ltd. told the Government News that Official Telegraph 38, together with the handling of a series of cases in music and digital content, showed that Vietnam’s approach to copyright enforcement was changing in a more determined and substantive direction.
In the past, Diep said, online copyright violations were difficult to handle although legal provisions were already in place, partly because enforcement mechanisms were not clear enough and violations had not always been given due attention. State agencies are now paying closer attention to the element of commercial exploitation, meaning that legal liability may arise not only from simple copying, but also from the use of copyrighted content to attract views, earn advertising revenue, seize business opportunities or build brands on digital platforms.
Towards a healthier digital content market
The tougher enforcement campaign takes place in a broader context as Vietnam is seeking to develop the digital economy and cultural industries into new growth drivers. In this environment, intellectual property is no longer a legal asset merely, but a foundation for investment, fair competition and creative production.
The message is hence not limited to handling violations, but points to a more strategic approach to restoring order in the digital content market.
“From a legal perspective, I believe the message of ‘no prohibited zones, no exceptions’ in the latest prosecutions should not be understood just as a deterrent slogan, but as a strategic shift in state agencies’ management approach. The State has always regarded the protection of intellectual property assets as a core foundation for the sustainable development of the digital economy and cultural industries,” Giang said, adding that maintaining a transparent and strict legal environment is also a practical demonstration of Vietnam’s commitments under free trade agreements.
Moreover, the handling of copyright infringement today is no longer about protecting authors or artists only. It is directly linked to the health of the digital content market and Vietnam’s ability to attract investment in technology, entertainment and creative industries. Without effective control over intellectual property violations, legitimate content creators would lose the incentive to invest, while the digital market would remain less transparent and less competitive.
Stronger enforcement, in this sense, is not simply about punishment. It is also a way to clean up the market, ensure that profits return to legitimate businesses, support domestic creative capacity and affirm Vietnam’s position as a safe and reliable destination for international investors.
The message is therefore clear: copyright is no longer a “blank space” of the law. For cyberspace to become a healthy digital ecosystem for creativity and business, enforcement must go hand in hand with better compliance, transparent licensing and respect for the economic value of intellectual assets.- (VLLF)
