Requests to handle infringement — where to file and what to include

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When a warning letter is not enough, the next step is asking a competent authority to act. This article maps who to file with and what the file must contain.

When a warning letter fails, you escalate to asking a state authority to act. This route is faster and cheaper than civil litigation, but it only works if you file with the right authority and prepare a complete file.

Who to file with

Authority depends on the right and the nature of the conduct:

Situation Receiving authority
Copyright and related-rights infringement Culture, sports and tourism inspectorate; people's committees at all levels
Industrial property infringement Science and technology inspectorate; market surveillance; people's committees
Counterfeit and infringing goods on the market Market surveillance; police
Goods crossing the border Customs (suspension of customs procedures)
Criminal elements (large commercial scale) Investigating bodies, procuracy

If unsure, file with the relevant specialised inspectorate or a competent people's committee — they will forward or redirect you if it is outside their authority.

What the file must contain

A complete file usually includes:

  1. A request — identifying the requester, the alleged infringer, the conduct, and the specific demand (cessation, destruction, penalty).
  2. Evidence of your right — a protection title, registration certificate, or evidence establishing copyright.
  3. Evidence of the infringement — physical samples, photos, video, a test purchase record, or a bailiff's report.
  4. An expert opinion (where available) — for matters requiring assessment of infringement, an expert conclusion carries real weight.
  5. A power of attorney if filed through a representative.

Evidence must be gathered and preserved lawfully — see gathering evidence.

What to know before filing

The fine does not go to you. In administrative handling, fines go to the state budget. If your goal is compensation, the administrative route cannot deliver it — you must sue. This is widely misunderstood, leading people to pick the wrong route and be disappointed by the result.

Administrative and civil routes are not mutually exclusive. You can seek an administrative penalty to stop the conduct quickly while suing for damages at the same time. The two routes serve different purposes — see the four enforcement routes.

For digital content, consider the takedown procedure under Decree 17/2023/ND-CP before seeking a penalty — removal is often faster and sufficient to meet the goal.

Cited documents

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