# Cease-and-desist letters — how to write one that works

Source: https://luatbanquyen.com/en/enforcement/cease-and-desist-letter · Updated: 2026-08-17 · Reviewed: 2026-08-17

A well-drafted warning letter ends many disputes at near-zero cost. The standard structure, the traps, and a template.

A cease-and-desist letter is the cheapest and most often skipped step in enforcement. Many matters — especially accidental use of an image, music or logo — end right here, because the infringer simply did not know they were infringing.

## When to send one

Sending before suing or seeking administrative penalties makes sense when the conduct looks **inadvertent** or born of **ignorance**, when the other side is a partner, customer or someone you want to keep a relationship with, or when you are unsure of the scale of harm.

Do not rely on a warning letter alone when dealing with large-scale counterfeiting, organised conduct, or a repeat infringer — those belong in a formal route (see [the four enforcement routes](/enforcement/four-enforcement-routes)).

## The structure of an effective letter

A good letter has four parts:

1. **Your right.** State the right, with the title or registration number where you have one. For unregistered copyright, identify the work and your evidence of ownership.
2. **A description of the infringement.** Pinpoint the object, its specific location (URL, position, product), and why it infringes. The more specific, the harder to deny.
3. **Specific demands.** Removal, cessation, destruction or compensation — with figures and basis where possible.
4. **A deadline for reply** and the consequence of silence (you will escalate to administrative, civil action or a takedown under Decree 17/2023/ND-CP).

## Four traps to avoid

1. **Threatening without a real right.** Sending a letter when you are unsure you are the lawful owner can backfire — the other side gains grounds to counterclaim.
2. **Not preserving evidence first.** Digital content can vanish the moment the letter arrives. Collect evidence beforehand — see [gathering evidence](/enforcement/preserving-evidence).
3. **Vague demands.** "Please cease infringing" is far weaker than "remove the post at URL … and compensate … within 7 days".
4. **Insulting language or baseless criminal threats.** This damages your position if the matter reaches court.

## A reference template

> **CEASE-AND-DESIST NOTICE — INTELLECTUAL PROPERTY INFRINGEMENT**
>
> To: [infringer]
>
> I/we are [name], the owner of the [copyright/trademark/patent/…] in [subject matter], under [title/certificate number or basis of the right].
>
> I found [the infringing object] at [specific location/URL] that [describe the conduct]. This infringes the right above under [relevant provision].
>
> I ask that you, within [N] days of receiving this letter: (1) cease and remove [object]; (2) [compensate/correct if applicable].
>
> If I receive no response by then, I will have no choice but to refer the matter to the competent authority, and any resulting costs will be yours.
>
> Sincerely,
> [Signed, dated]

This is a reference template, not legal advice. For high-value matters, have a lawyer or IP representative review it before sending.

## Cited documents

- [Decree 17/2023/ND-CP detailing the Law on Intellectual Property regarding copyright and related rights](/en/legal-documents/decree-17-2023-copyright) — Partly in force
- [Decree 131/2013/ND-CP on administrative penalties for copyright and related rights violations](/en/legal-documents/decree-131-2013-copyright-penalties) — Partly in force

## Sources

- [Decree 131/2013/ND-CP — administrative penalties for copyright and related rights](https://vanban.chinhphu.vn/default.aspx?pageid=27160&docid=170270) (131/2013/NĐ-CP)
- [Decree 17/2023/ND-CP — takedown at the request of the rights holder](https://thuvienphapluat.vn/van-ban/So-huu-tri-tue/Nghi-dinh-17-2023-ND-CP-huong-dan-Luat-So-huu-tri-tue-ve-quyen-tac-gia-quyen-lien-quan-565147.aspx) (17/2023/NĐ-CP)

- Previous: [Preserving evidence before you act](/en/enforcement/preserving-evidence)
- Next: [Requests to handle infringement — where to file and what to include](/en/enforcement/request-to-handle-infringement)

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Reference material only; it does not replace legal advice on a specific matter.