Lawyer Do Ba Thich, Senior Partner
ASL Law Firm
 |
| An artistic performance during the special art programme held on September 2 at Lam Vien Square in Xuan Huong-Da Lat ward, Lam Dong province__Photo: Nguyen Dung/VNA |
In an era of rapid technological advancement, the boundary between creativity and copying has become more fragile than ever. The proliferation of the Internet, artificial intelligence (AI), blockchain and social media platforms has created an expansive creative environment for individuals to generate, share and disseminate their intellectual products almost instantaneously. At the same time, these very technological tools have facilitated increasingly widespread and sophisticated acts of copyright infringement, ranging from unauthorised reproduction and content modification to the use of images, music pieces or creative data without the author’s consent.
In practice, numerous Vietnamese creators, particularly in the fields of art, design, media and technology, face the commercial exploitation of their works without proper attribution or adequate remuneration. Meanwhile, the legal framework and enforcement mechanisms governing copyright protection have not fully kept pace with technological developments, resulting in legal lacunae in addressing online infringements, especially in relation to digital products and AI-generated content.
Accordingly, copyright registration for creative works in the context of technological advancement is not merely a legal formality but a critical safeguard to ensure fairness for creators, strengthen confidence in the creative investment environment and promote the sustainable development of Vietnam’s knowledge-based economy. Continued refinement of the legal framework, intensified enforcement and integration of technology into copyright administration have become imperative for Vietnam’s deeper integration into the global digital economy.
Legal basis for copyright protection in Vietnam
Vietnam’s copyright regime has been progressively established and improved over time, reflecting the State’s strong commitment to safeguarding the lawful rights and interests of creators. The principal legal foundation is set out in the 2005 Law on Intellectual Property, as amended in 2009, 2019, 2022, and most recently in 2025, together with Government Decree 17/2023/ND-CP providing detailed guidance on copyright and related rights.
In addition, Vietnam is a contracting party to several key treaties, including the Berne Convention for the Protection of Literary and Artistic Works, the TRIPS Agreement, the CPTPP and the EVFTA, thereby demonstrating its deep integration into the global intellectual property protection system.
The scope of copyright protection in Vietnam covers a wide range of works, including literary, artistic and scientific works; computer programs; applied art designs; digital media products; and other forms of creative expression. Authors and copyright holders are protected in respect of both moral rights (such as the right of attribution, the right to protect the integrity of the work and the right of publication) and economic rights (including rights of reproduction, distribution, public performance, communication to the public and rental).
With regard to enforcement, the Copyright Office of Vietnam under the Ministry of Culture, Sports and Tourism serves as the competent authority responsible for receiving applications, managing registration data and issuing certificates of copyright registration. The People’s Courts, ministerial inspectorates and administrative sanctioning authorities also play significant roles in handling infringements. Nevertheless, existing regulations primarily focus on remedies, while preventive mechanisms and digital copyright management tools remain limited and not yet fully aligned with the realities of creative activities in the digital environment.
Notable amendments concerning copyright under the 2025 Law on Intellectual Property
On December 10, 2025, at its 10th session, the 15th National Assembly passed Law 131/2025/QH15 Amending a Number of Articles of the Law on Intellectual Property (the 2025 Law), which will take effect on April 1, 2026. The amendments introduce several significant changes directly affecting the rights and interests of Vietnamese copyright holders.
The 2025 amendments do not merely entail technical revisions but reflect a structural adjustment in the legislative approach to intellectual property in the context of the digital economy and innovation. The legislative mindset has shifted from a traditional protection model to a governance model of intellectual assets closely associated with technology, data and commercialisation.
First, Article 1.1 of the 2025 Law revises Article 4.1 of the 2005 Law on Intellectual Property (the 2005 Law), altering the approach to defining the scope of intellectual property rights from a general conceptual formulation to a more direct identification of specific categories of protected subject matter. This change enhances terminological standardisation and technical precision, thereby limiting expansive interpretation based on abstract notions. The shift from an “asset-based” perspective to a “subject-matter-of-rights” perspective clarifies the legal nature of intellectual property rights as rights arising in relation to statutorily defined subject matter rather than as abstract asset.
Second, Article 1.3 adds Clauses 4 and 5 to Article 7 of the 2005 Law, with Clause 5 expressly establishing, for the first time, a legal basis for the use of lawfully published texts and data for scientific research, experimentation and AI training systems. This represents a significant advancement in reconciling intellectual property protection with the need for data exploitation in the digital era, particularly given the data-intensive nature of AI training.
Third, Article 1.9 amends Article 22.1 of the 2005 Law, addressing the creation of backup copies of computer programs supplied in the form of services or via online platforms. This amendment reflects the transition from physical copy transfer models to access- and usage-based digital service models, particularly in the context of cloud computing and Software-as-a-Service (SaaS).
Furthermore, the 2025 amendments add Clause 2a to Article 49, clearly establishing the responsibility of authors and rights holders for the accuracy and truthfulness of information provided in registration dossiers. This signifies a shift from a predominantly procedural administrative mechanism towards a regime emphasising the legal accountability of applicants, particularly amid the growing number and diversity of registered works. It also strengthens deterrence against false declarations and enhances the reliability of the registration system, thereby facilitating enforcement and dispute resolution.
Challenges in the technological era
The rapid evolution of digital technology poses substantial legal and technical challenges to copyright registration and enforcement.
Firstly, the uncontrolled dissemination of digital content across social media platforms, file-sharing services and cloud storage websites makes tracing origin and monitoring use exceedingly difficult. Within seconds, a work may be reproduced, modified and distributed to millions without the author’s authorisation, creating high-risk conditions for digital works such as images, videos, music and software.
Secondly, the emergence of AI has blurred the distinction between “creator” and “creative tool”. Many AI models are capable of autonomously generating artistic works, articles, music pieces or designs based on machine learning datasets. A critical legal question remains whether AI-generated works qualify for copyright protection and, if so, who should be recognised as the right holder: the programmer, the user or another party?
The 2025 Law introduces a provision empowering the Government to regulate the establishment and determination of intellectual property rights in cases where a subject matter is created with the use of AI systems. Although the issue has been acknowledged, specific and comprehensive regulations remain forthcoming.
Thirdly, the absence of robust digital tools for infringement control constitutes a major obstacle. Vietnamese digital platforms have not yet effectively implemented automated content identification systems comparable to those employed by major global platforms. The collection, preservation and verification of electronic evidence for civil litigation or administrative proceedings also present significant practical challenges.
Finally, public awareness about copyright remains limited. Many individuals and enterprises, particularly in online content creation, lack a clear understanding of the boundary between fair use and infringement. Unauthorised copying, citation without attribution and content modification remain prevalent, diminishing the value of original creation and hindering the development of Vietnam’s creative industries.
Impacts on creators and investors
Copyright protection challenges affect not only individual creators but also the broader creative ecosystem and investment climate in Vietnam.
For creators, widespread infringement substantially undermines creative incentives. Unauthorised reproduction, distribution or commercial exploitation leads to both economic loss and diminished control over intellectual outputs. In many instances, distortion or misattribution directly infringes upon moral rights, which form the foundation of professional reputation and honour.
For enterprises and investors, insufficient copyright protection increases risks associated with intangible assets. Companies operating in technology, media, design and entertainment typically invest heavily in content development. If such assets are easily copied or misappropriated, the commercial value of these investments is eroded, potentially deterring foreign investors from introducing technology, software or creative content into Vietnam.
Conversely, these challenges also create opportunities for innovation. The prevalence of infringement has stimulated the development of modern digital rights management (DRM) systems, non-fungible tokens (NFTs) and blockchain-based ownership verification platforms. With a clear legal framework, such technological solutions may lay a solid foundation for the advancement of Vietnam’s creative economy.
Proposed solutions for strengthening copyright protection
To ensure effective copyright protection in the context of technological advancement, Vietnam should adopt a comprehensive approach encompassing legislative refinement, enhanced enforcement and technological application.
Legislatively, detailed regulations concerning AI-generated works, rights in virtual environments such as the metaverse and benefit-sharing mechanisms between creators and digital platform operators should be developed. Clarification of fair use exceptions is also necessary to balance authors’ rights with public access to knowledge.
In terms of enforcement, authorities should intensify inspections and administrative sanctions, particularly against online platforms that store or disseminate infringing content. The establishment of online dispute resolution (ODR) mechanisms would facilitate timely and cost-effective resolution of digital copyright disputes.
From a technological perspective, the development of a national electronic copyright registration system is essential. Blockchain technology may assist in timestamping works, proving ownership and transparently tracking usage. The promotion of AI-based content identification tools would also enable early detection and prevention of infringements.
Finally, raising public awareness is indispensable. Continuous education and outreach initiatives should foster a culture of copyright respect within the digital content community, academic institutions and start-ups, reinforcing lawful use as both a professional obligation and an ethical standard.
Practical recommendations from a legal advisory perspective
From practical advisory experience, effective copyright protection in Vietnam’s technological era requires a pragmatic and risk-based approach extending beyond formal legal compliance.
Enterprises and individual creators should proactively register copyrights, particularly for commercially valuable assets such as software, creative designs, digital content and media brands. Although copyright arises upon fixation of the work, formal registration constitutes the most persuasive evidential basis in enforcement and dispute resolution.
Organisations should establish internal intellectual property management systems, clearly delineating rights among companies, employees and partners; implementing compliance procedures for the use of copyrighted materials; and defining responsibilities when utilising AI tools or third-party software in creative processes.
In the context of international integration, Vietnamese enterprises must ensure compliance with international agreements to which Vietnam is a party, including the TRIPS Agreement, the CPTPP and the RCEP. Adherence to these commitments enhances legal certainty and facilitates market expansion abroad.
Enhanced cooperation among enterprises, regulatory authorities and collective management organisations is also essential. Mechanisms for data sharing, coordinated takedown procedures and early warning systems for infringements would alleviate administrative burdens and improve enforcement efficiency.
In emerging technological domains such as generative AI, blockchain and the metaverse, close collaboration among academics, policymakers and businesses is necessary to develop an open yet robust legal framework. Regulatory sandbox mechanisms may serve as an appropriate interim solution to foster innovation while mitigating legal risks.-
