Vietnam Copyright & IP Law

Reference on copyright, related rights, industrial property and plant varieties in Vietnam — structured by topic, every claim cited to its legal instrument, with protection-term and cost calculators.

Topics

Overview of the IP system

The three branches of rights, the authorities, how rights arise, and the legislative timeline.

Copyright

Protected subject matter, moral and economic rights, terms, exceptions and transfers.

Rights of performers, phonogram producers and broadcasting organisations.

Industrial property

Patents, utility solutions, designs, trademarks, geographical indications, trade secrets.

Plant variety rights

Protection conditions, terms and registration for new plant varieties.

Registration guides

Dossiers, filing channels, workflows, costs and timelines for each right.

Enforcement

The four enforcement routes, penalties, damages, digital takedown and expert examination.

Insights

AI and copyright, open source, creators, startups, and common misconceptions.

International treaties

The treaties Vietnam has joined and what they mean for rights holders in practice.

Types of intellectual property right

Types of intellectual property right Scope Competent authority Protection term
Copyright Literary, artistic and scientific works — including computer programs. Copyright Office of Vietnam (Ministry of Culture, Sports and Tourism) Moral rights (except the right of publication): Protected indefinitely.; Ordinary works — the author's life plus 50 years: The author's lifetime plus 50 years after death, ending at the close of 31 December of the final year.; Cinematographic, photographic, applied-art and anonymous works: 75 years from first publication; if unpublished within 25 years of fixation, 100 years from the date of fixation.
Performers' rights A performance fixed in a sound or audiovisual recording. Copyright Office of Vietnam 50 years from the year following the year the performance was fixed: 50 years from the date of fixation.
Rights of producers of sound and audiovisual recordings Sound recordings and audiovisual recordings. Copyright Office of Vietnam Published recording — 50 years from the year following publication: ; Unpublished recording — 50 years from the year following fixation: 50 years from the date of fixation.
Rights of broadcasting organisations Broadcasts of a broadcasting organisation. Copyright Office of Vietnam 50 years from the year following the year the broadcast was made: 50 years from the date of fixation.
Patent (invention) A technical solution in the form of a product or a process. Intellectual Property Office of Vietnam (Ministry of Science and Technology) 20 years from the filing date, non-renewable: 20 years from the filing date, not renewable.
Utility solution A technical solution that is not common general knowledge. Intellectual Property Office of Vietnam 10 years from the filing date, non-renewable: 10 years from the filing date, not renewable.
Industrial design The external appearance expressed by lines, shapes and colours. Intellectual Property Office of Vietnam 5 years from filing, renewable twice consecutively for 5 years each: 5 years from the filing date, renewable for 5 years each time, up to 2 times.
Trademark Words, figures, 3D shapes, colours and — since 2022 — sound marks. Intellectual Property Office of Vietnam 10 years from filing, renewable indefinitely for 10 years at a time: 10 years from the filing date, renewable for 10 years each time, with no cap on renewals.
Geographical indication A place name attached to a product whose characteristics derive from that place. Intellectual Property Office of Vietnam Indefinite, as long as the conditions for protection remain met: Protected indefinitely.
Semiconductor integrated-circuit layout design The spatial layout of circuit elements and their interconnections. Intellectual Property Office of Vietnam Up to 10 years from the filing date: 10 years from the filing date, not renewable.
Trade secret Information obtained from financial or intellectual investment, undisclosed and commercially usable. No registering authority — the right arises automatically once the conditions are met Indefinite, until the information ceases to be secret: Protected indefinitely.
Trade name The name an organisation or individual uses in business. Not registered with the IP Office Lasts as long as lawful use continues: Protected indefinitely.
Plant variety rights Propagating material and harvested material of a new variety. The state authority for plant variety rights Woody plants and vines — 25 years from the grant date: 25 years from the filing date, not renewable.; Other varieties — 20 years from the grant date: 20 years from the filing date, not renewable.

Registration guides

Contents