You have built a brand in Vietnam, registered your trademark, or hold the copyright to a product that is now being copied and sold without permission. You want to stop it, but you do not know which government office handles what, which form to file, or whether you should be sending a cease-and-desist letter or going straight to an inspectorate. The language barrier turns every step into a research project, and the wrong filing at the wrong authority can cost you months. The enforcement landscape also shifted significantly in 2026: the 2025 Amended Intellectual Property Law took effect on April 1, 2026, introducing statutory damages of up to VND 1 billion for civil cases, and Decree 186/2026/NĐ-CP, effective July 15, 2026, transferred primary administrative enforcement authority from the Ministry of Science and Technology Inspectorate to the Vietnam Intellectual Property Office (VNIPO). This guide walks you through the administrative complaint route, the required evidence, a copyable request letter, the step-by-step filing procedure, and the common mistakes that get filings rejected.
Legal Basis and Enforcement Routes Under Vietnamese Law
Intellectual property rights in Vietnam are enforceable through three parallel routes: administrative action, civil litigation, and criminal prosecution (reserved mainly for trademark counterfeiting and commercial-scale copyright piracy). This guide focuses on the administrative route because it is the fastest and most commonly used path for foreign rights holders seeking to stop ongoing infringement. It is faster and cheaper than court, and for clear-cut infringement it can produce a quick halt to the infringing activity.
The key legal instruments governing administrative enforcement are:
- Law on Intellectual Property (Law No. 50/2005/QH11, as amended, most recently by the 2025 Amended IP Law effective April 1, 2026).
- Decree 105/2006/NĐ-CP, as amended by Decree 119/2010/NĐ-CP, which sets out the procedures and evidence required for handling IP infringement.
- Decree 131/2013/NĐ-CP, which sets the administrative fines for copyright and related rights violations.
- Decree 186/2026/NĐ-CP, effective July 15, 2026, which reorganizes administrative enforcement authority for industrial property.
Under the amended framework, VNIPO now serves as the primary administrative enforcement body for industrial property (patents, trademarks, industrial designs, trade secrets, and unfair competition), replacing the Science and Technology Inspectorate as the main sanctioning authority. For copyright and related rights, the competent authority remains the Inspectorate of the Ministry of Culture, Sports and Tourism, with the Cultural Industries and Copyright Office playing a strengthened enforcement role following Decision No. 2558/QD-BVHTTDL issued on September 30, 2026.
Required Documents and Evidence for an IP Infringement Complaint
Whether you are filing for copyright infringement or industrial property infringement, the complaint must be accompanied by specific documentary evidence. The core evidence requirements are set out in Article 23 of Decree 105/2006/NĐ-CP for industrial property and Article 76 of Decree 17/2023/NĐ-CP for copyright and related rights.
The mandatory evidence categories are:
- Proof of rights ownership: Evidence that you are the rights holder or an authorized transferee or heir. For registered industrial property, this is the Certificate of Registration or an extract from the National Register. For registered copyright, this is the Certificate of Copyright Registration (present the original for comparison or a certified copy).
- Proof of the infringing act: Evidence that the infringement has actually occurred. This can include photographs, screenshots, purchase receipts, product samples, invoices, or a written record of the infringing goods being sold or advertised. For border control requests (customs suspension), evidence of suspected infringing exports or imports is required.
- Other supporting documents: Any additional evidence necessary to substantiate the request. Under Article 23 of Decree 105/2006/ND-CP, this includes a copy of the cease-and-desist notice you sent to the infringer, along with evidence that the infringer did not stop the infringement.
- Authorization documents (if applicable): If the complaint is filed through an authorized representative, a notarized power of attorney or authorization contract must be attached. If filed through a legal representative, documents proving the representative's legal status are required.
For copyright complaints specifically, the request letter itself must contain the following elements: date of request, name and address of the requesting party, name and address of the infringing party, description of the infringing act, and a list of attached documents and evidence.
Copyable IP Infringement Complaint Letter Template
Below is a copyable request letter template modeled on the official complaint form requirements under Vietnamese law. Replace every bracketed placeholder with your own information. This letter should be signed, dated, and submitted with all supporting evidence to the competent authority.
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---REQUEST FOR HANDLING OF INTELLECTUAL PROPERTY INFRINGEMENTTo: [Name of Competent Authority][Address of Competent Authority]Date of request: [DD/MM/YYYY]REQUESTING PARTY (Rights Holder):Full name / Company name: [Applicant Full Legal Name]Passport / ERC number: [Passport Number or Enterprise Registration Number]Address: [Full Address in Vietnam]Phone: [Phone Number]Email: [Email Address]Tax code (if applicable): [Tax Code]INFRINGING PARTY:Full name / Company name: [Infringer Name]Address: [Infringer Address]Phone: [Infringer Phone, if known]Website / E-commerce platform: [URL, if applicable]DESCRIPTION OF INFRINGEMENT:The requesting party is the lawful owner of the following intellectualproperty rights:Type of right: [Trademark / Patent / Industrial Design / Copyright /Related Rights / Trade Secret]Registration number: [Registration Number]Date of grant / registration: [DD/MM/YYYY]Protected subject matter: [Brief description of the protected mark,work, or invention]The requesting party has discovered that the infringing party iscommitting the following infringing acts:[Describe the infringing acts in detail: e.g., "selling counterfeitproducts bearing the registered trademark [Trademark] withoutauthorization," or "reproducing and distributing copies of thecopyrighted work [Title] without permission."]The infringing goods were identified at:[Location where infringing goods were found, e.g., shop address,website URL, warehouse]Evidence of infringement: [List evidence attached: photographs,purchase receipts, product samples, screenshots, cease-and-desistletter, etc.]REQUEST:The requesting party respectfully requests that the competent authority:Conduct an inspection and verify the infringing acts described above;Issue a decision imposing administrative sanctions on the infringingparty in accordance with Decree 131/2013/NĐ-CP (for copyright) orDecree 186/2026/NĐ-CP (for industrial property);Order the infringing party to immediately cease the infringingactivities and remove infringing goods from circulation;Order the destruction or removal of infringing goods and materials;Order the infringing party to publicly correct the information orapologize as provided by law;Take any other measures within the authority's competence toprotect the legitimate rights of the requesting party.ATTACHED DOCUMENTS AND EVIDENCE:[List document 1, e.g., Certified copy of Certificate of Registration][List document 2, e.g., Photographs of infringing goods][List document 3, e.g., Purchase receipt dated DD/MM/YYYY][List document 4, e.g., Copy of cease-and-desist letter][List document 5, e.g., Notarized power of attorney, if applicable]The requesting party declares that the information provided in thisrequest is true and accurate and accepts legal responsibility forits content.Respectfully submitted,[City], [Date]Signature[Applicant Name / Authorized Representative]Step-by-Step Procedure for Filing and Handling an IP Complaint
The administrative complaint procedure follows a defined sequence from preparation through to the sanction decision. Understanding each step helps you anticipate delays and prepare a complete filing on the first submission.
- Prepare the complaint dossier: Complete the request letter template above and assemble all required evidence. Ensure all foreign-language documents have certified Vietnamese translations. If filing through a representative, attach the notarized power of attorney.
- Identify the correct authority: For industrial property infringement (trademarks, patents, industrial designs), file with VNIPO or the competent provincial Department of Science and Technology, depending on the nature and location of the infringement. For copyright and related rights infringement, file with the Inspectorate of the Ministry of Culture, Sports and Tourism or the provincial Department of Culture, Sports and Tourism. For border control (suspected infringing imports/exports), file a customs inspection and supervision application with the relevant customs authority.
- Submit the dossier: Submit the complete dossier in person, by post, or through the national public service portal, depending on the receiving authority's accepted channels. Keep a stamped copy of the submitted dossier for your records.
- Undergo preliminary review: The receiving authority reviews the complaint for completeness and validity. If the dossier is incomplete or fails to meet the evidentiary requirements, the authority will notify you in writing and request supplementation. You generally have one opportunity to complete the dossier without restarting the process.
- Inspection and verification: If the dossier is accepted, the authority may conduct an inspection raid without prior notice to the infringer. Inspectors will verify the infringing acts, seize evidence, and document the violation.
- Sanction decision: If infringement is confirmed, the competent authority issues a decision on administrative sanctions. The sanctions may include a fine, confiscation and destruction of infringing goods, suspension of business operations, and—under Decree 186/2026—for online violations, forced blocking of infringing domain names within 5 days.
- Follow-up enforcement: If the infringer fails to comply with the sanction decision, the authority may take additional measures, including forced business name changes for businesses using infringing trade names and continued domain blocking.
Administrative Fines and Penalties for IP Infringement
The administrative fines available under Vietnamese law vary by the type of intellectual property right infringed. The table below summarizes the maximum penalties under the current framework.
| Type of Infringement | Legal Basis | Maximum Fine (Individual) | Maximum Fine (Organization) |
|---|---|---|---|
| Copyright and related rights | Decree 131/2013/NĐ-CP | VND 250,000,000 | VND 500,000,000 |
| Industrial property (trademarks, patents, etc.) | Decree 186/2026/NĐ-CP | Per Decree 99/2013/NĐ-CP framework as amended | Per Decree 99/2013/NĐ-CP framework as amended |
Important limitation: Administrative fines are paid to the state budget, not to the rights holder. If you have suffered financial loss from the infringement, you must pursue a separate civil action for damages. Under the 2025 Amended IP Law, civil courts can award statutory damages of up to VND 1 billion where actual loss cannot be precisely determined, in addition to injunctions, destruction of infringing goods, and recovery of legal costs.
Common Mistakes That Get IP Complaints Rejected
- Filing with the wrong authority: Since July 15, 2026, industrial property enforcement authority has shifted to VNIPO. Filing an industrial property complaint with the former Science and Technology Inspectorate may cause delays while the file is transferred. Verify the correct receiving authority before submission.
- Submitting uncertified translations: Vietnamese authorities require foreign-language documents to be translated with notarization or authentication. Freelance translations without a seal will be rejected.
- Missing the cease-and-desist evidence: Under Article 23 of Decree 105/2006/ND-CP, if you sent a cease-and-desist letter and the infringer ignored it, you must attach a copy of the letter and evidence that the infringer did not stop. Omitting this weakens your complaint.
- Insufficient proof of rights ownership: If you hold a registered trademark or copyright in Vietnam, attach the certificate. If your rights are based on foreign registration, provide certified translations and evidence of protection in Vietnam. A complaint without clear proof of ownership will be returned.
- Describing the infringement vaguely: The request letter must describe the infringing acts in specific detail—what was copied, where it was sold, when it was discovered, and what evidence proves it. A vague description of "someone is copying my product" is not sufficient.
- Not including a power of attorney for representative filing: If your lawyer or agent files on your behalf, the power of attorney must be notarized or certified by local authorities. An unnotarized authorization will cause the filing to be rejected.
- Expecting compensation from the administrative route: Administrative fines go to the state. If you want money for your losses, you must file a civil lawsuit separately. Do not assume the administrative decision will include a payment order to you.
Processing Time, Fees, and Submission Locations
Processing time: Vietnamese law does not prescribe a single fixed processing timeline for the entire administrative complaint procedure from filing to sanction decision. The timeline depends on the complexity of the case, the completeness of the evidence, and the workload of the receiving authority. The preliminary review stage typically takes several working days to a few weeks. If an on-site inspection is required, scheduling the raid and completing the verification adds additional time. For a case-specific estimate, consult the receiving authority directly.
Fees: There is no general filing fee to submit an administrative complaint for IP infringement. However, costs may arise from: translation and notarization of foreign documents, legal representation if you engage a Vietnamese IP attorney, evidence collection (purchasing samples of infringing goods, obtaining inspection reports), and enforcement costs if the authority requires the rights holder to bear certain verification expenses. Exact fee schedules vary by locality and procedure. Confirm all applicable costs with the receiving authority or your legal representative before submission.
Submission locations:
- VNIPO (Vietnam Intellectual Property Office): For industrial property infringement complaints (trademarks, patents, industrial designs, trade secrets, unfair competition). Address: 386 Nguyen Trai, Thanh Xuan District, Hanoi. Provincial Departments of Science and Technology also accept filings for localized infringements.
- Inspectorate of the Ministry of Culture, Sports and Tourism: For copyright and related rights infringement complaints. The Cultural Industries and Copyright Office under MOCST also plays a direct enforcement role.
- Provincial Departments of Culture, Sports and Tourism: For localized copyright infringement and enforcement actions within the province.
- Customs authorities: For border control requests involving suspected infringing imports or exports. IP rights holders may file customs inspection and supervision applications with the Department of Customs or, from March 1, 2027, with a convenient Regional Customs Sub-Department under the 2026 Amended Customs Law.
Frequently Asked Questions
Which authority handles IP infringement complaints in Vietnam?
For industrial property (trademarks, patents, industrial designs), the Vietnam Intellectual Property Office (VNIPO) is now the primary administrative enforcement body following Decree 186/2026/NĐ-CP, which took effect on July 15, 2026. For copyright and related rights, the competent authority is the Inspectorate of the Ministry of Culture, Sports and Tourism.
What evidence do I need to file an IP infringement complaint in Vietnam?
You must provide evidence proving you are the rights holder (such as a Certificate of Registration), evidence that the infringing act occurred (photographs, purchase receipts, product samples, screenshots), and any other supporting documents. Under Article 23 of Decree 105/2006/ND-CP, if you sent a cease-and-desist letter, you should also attach a copy and evidence that the infringer did not stop.
Does administrative enforcement compensate me for lost revenue?
No. Administrative fines are paid to the state budget, not to the rights holder. To recover financial compensation for your losses, you must file a separate civil action in court. The 2025 Amended IP Law allows civil courts to award statutory damages of up to VND 1 billion where actual loss cannot be precisely determined.
Can I file an IP infringement complaint in English?
No. All foreign-language documents, including the complaint letter and supporting evidence, must be translated into Vietnamese with notarization or authentication. An unsealed freelance translation will be rejected by the receiving authority.
What happens if the infringer ignores the administrative sanction decision?
If the infringer fails to comply with the sanction decision, the authority may take additional enforcement measures. Under Decree 186/2026, for online violations, telecoms operators can be ordered to block access to infringing domain names within 5 days. For businesses using infringing trade names, the authority can order a forced business name change.