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

Source: https://luatbanquyen.com/en/enforcement/request-to-handle-infringement · Updated: 2026-08-17 · Reviewed: 2026-08-17

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](/enforcement/preserving-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](/enforcement/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

- [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
- [Decree 99/2013/ND-CP on administrative penalties in the field of industrial property](/en/legal-documents/decree-99-2013-industrial-property-penalties) — Partly in force

## Sources

- [Decree 131/2013/ND-CP — authority and procedure for administrative penalties](https://vanban.chinhphu.vn/default.aspx?pageid=27160&docid=170270) (131/2013/NĐ-CP)
- [Decree 99/2013/ND-CP — administrative penalties in the industrial property field](https://vanban.chinhphu.vn/default.aspx?pageid=27160&docid=169530) (99/2013/NĐ-CP)

- Previous: [Cease-and-desist letters — how to write one that works](/en/enforcement/cease-and-desist-letter)
- Next: [IP expert examination — when you need it and what it is for](/en/enforcement/ip-expert-examination)

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