# The four enforcement routes

Source: https://luatbanquyen.com/en/enforcement/four-enforcement-routes · Updated: 2026-08-17 · Reviewed: 2026-08-17

Civil, administrative, criminal and border control — each delivers a different outcome, and the wrong choice will not get you what you need.

When you find an infringement you have four routes. They are not mutually exclusive, but each delivers a different outcome — and many people are disappointed because they took the route that could never give them what they wanted.

## 1. Civil — when you want damages

Sue in the people's court. This is the **only** route to compensation. The court can order the infringement to stop, a public apology and correction, performance of civil obligations, damages, and destruction or non-commercial distribution of infringing goods.

Slower and more expensive than the alternatives, and it demands solid evidence of both the act and the loss. But if your losses are substantial it is the only meaningful option.

**2026 update:** Law 131/2025/QH15 raised statutory damages and added civil remedies for online infringement, making this route more attractive than before.

## 2. Administrative — when you want it stopped quickly

Ask a competent authority to impose administrative penalties: specialised inspectorates, market surveillance, police or people's committees depending on the situation.

Maximum fines for copyright and related rights are **VND 250 million for individuals** and **VND 500 million for organisations** under Decree 131/2013/ND-CP, alongside remedial measures such as destruction of infringing goods, removal of electronic copies and public correction.

Faster and cheaper than litigation — but **the fine goes to the state budget, not to you**. This is widely misunderstood. If your goal is compensation, the administrative route will not deliver it.

## 3. Criminal — when the scale is large enough

The Penal Code contains two directly relevant offences: **Article 225** (copyright and related rights) and **Article 226** (industrial property). Both require commercial-scale conduct meeting thresholds of infringing goods value or illicit profit. Commercial legal entities can also be prosecuted.

Reserved for serious matters — large-scale counterfeiting or organised piracy.

## 4. Border control — when goods cross customs

A rights holder may ask customs to suspend clearance of goods suspected of infringing IP rights.

A powerful and under-used tool. If you hold a registered trademark and know counterfeits are being imported, stopping them at the border is far more effective than chasing goods already distributed.

## Before choosing

Three things to do first: **preserve evidence** (content can vanish within hours of your first warning); **consider an IP expert examination**, whose opinion carries real weight in an enforcement file; and **send a cease-and-desist letter** — many matters end here at near-zero cost. The letter should state your right with the title or certificate number, describe the infringing conduct, set out specific demands and give a deadline for reply.

## Cited documents

- [Law No. 131/2025/QH15 amending the Law on Intellectual Property](/en/legal-documents/ip-law-amendment-2025) — 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 violations](https://vanban.chinhphu.vn/default.aspx?pageid=27160&docid=170270) (131/2013/NĐ-CP)
- [Law 131/2025/QH15 — higher damages and digital-environment remedies](https://vanban.chinhphu.vn/?pageid=27160&docid=216511&classid=1&orggroupid=1) (131/2025/QH15)

- Next: [Taking down infringing content online](/en/enforcement/online-takedown)

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