Vietnam's IP Action Plan Copyright Elements

Following the Office of the U.S. Trade Representative’s (USTR) decision on April 30 to designate Vietnam as a Priority Foreign Country in its Special 301 Report, Hanoi responded with a high-priority enforcement push aimed at curbing persistent IP violations. The Vietnamese government issued Official Dispatch No. 38/CĐ-TTg from the Prime Minister as its Action Plan. Key components affecting copyright piracy are: 

• Cross-Agency Enforcement Mandate: Orders coordinated, immediate action across the Ministry of Science and Technology, Ministry of Information and Communications, Ministry of Public Security, and local authorities to investigate and penalize copyright violations, explicitly directing a stance of "no forbidden zones and no exceptions."

• Targeting Digital and Cross-Border Platforms: Focuses heavily on digital environments, e-commerce, social media, and cross-border streaming platforms. It mandates faster administrative processing times for takedown requests and stricter enforcement against illicit streams and cyberlockers targeting global audiences.

• Creation of a Centralized National IP Database: Requires relevant ministries to construct a unified national IP enforcement database to improve state oversight, streamline domain-blocking workflows, and help rights holders track digital infringement actions.

• Strengthened Intermediary Platform Liability: Holds ISPs and host providers directly responsible for monitoring, identifying, and removing infringing material upon receiving notice.

• Shift Toward Criminal Remedies: Urges authorities to go beyond routine administrative fines by increasing criminal referrals and prosecutions against commercial-scale online piracy networks operating in Vietnam.

• Section 301 Legal Strategy: Orders the selection of specialized international legal counsel and establishes a multi-ministry team to draft formal responses, compile domestic IP enforcement data, and participate in consultations with the USTR.

The rest of the year will indicate how this plays out, and we will find out whether Vietnam can build a more effective, less bureacratic, deterrent IP enforcement system.