IP Vietnam Takes on Key Enforcement Role

On 26 May 2026, Vietnam issued Decree No. 186/2026/ND-CP (“Decree 186”) [1], amending and supplementing Decree No. 99/2013/ND-CP (“Decree 99”) on administrative sanctions in the field of industrial property.

Effective from 15 July 2026, Decree 186 introduces changes to enforcement authority and new remedial measures such as site blocking and actions against household business names. One of the most significant developments is the shift in Vietnam’s IP enforcement landscape, with the Intellectual Property Office of Vietnam (“IP Vietnam”) now taking on a central enforcement role. This update summarises the key changes and highlights practical points for businesses managing IP rights in Vietnam.

1. Expanded and Clarified Enforcement Authority

• IP Vietnam and Directors of provincial Departments of Science and Technology are newly empowered with enforcement authority. Notably, IP Vietnam now replaces the Ministry of Science and Technology Inspectorate as the main administrative enforcement body.[2] The Board of Appeal and Enforcement within IP Vietnam is now probably the key department responsible for handling enforcement matters and has begun preparing training programs for its members to support this expanded mandate.
• Police jurisdiction has been expanded to include cyber police units. In particular, Decree 186 clarifies and explicitly empowers the Cyber Security and High Technology Crime Prevention force, thereby supporting more coordinated enforcement, especially for online infringements.[3]
• The Decree also introduces new wordings regarding the competence of enforcement authorities, including the police, Customs, and Market Surveillance authorities. These updates align with administrative restructuring since 2025, reflecting the current organizational levels of these enforcement bodies.
• Fine-imposing powers for several enforcement positions have been recalibrated, though the maximum penalty ceiling remains unchanged.[4]

2. New Remedial Measures: Site Blocking & Household Business Names

• Site blocking: Decree 186 introduces blocking access to domain names that infringe industrial property rights as a remedial measure. Telecoms operators must block infringing domains within five days of an order and restore access within three days of a reversal order and must report the implementation result within ten days after completion. The existing decree already provided for temporary seizure of domain names as an interim measure; compulsory blocking by telecoms operators is the new element.[5]

• Household business names: Remedial measures now extend to household business names, not just company names. Authorities can require changes or removal of infringing elements from both enterprise and household business names, targeting all types of infringers.[6]

Key Takeaways

The key takeaways are summarised below.

• Stronger enforcement tools: Decree 186 expands enforcement force and clarifies the authority of enforcement bodies, with particular attention to online and digital infringements. The new role of IP Vietnam is expected to drive more comprehensive and effective enforcement actions.
• New remedies available: Right holders can now request site blocking and action against household business names, broadening the scope of enforcement. Internet service providers (ISPs) should also be prepared to take compulsory action if requested.
• Practical considerations: How the new remedies are applied in practice, particularly in online cases, will become clearer as enforcement authorities develop their approach under the new framework. Businesses may find it helpful to monitor developments and assess whether the new remedies are relevant to their enforcement matters in Vietnam.

Authors:

Yen Vu 
Khanh Nguyen
Quynh Ngo
Anh Pham

Footnotes

[1] For further details, see the official text of Decree 186 here https://vanban.chinhphu.vn/?pageid=27160&docid=218288

[2] Articles 3, 4 and 9 of Decree 186, which revise Article 15 and insert Article 15a into of Decree 99. New Article 15 transfers primary sanctioning authority from the Science and Technology Inspectorate to the Director of the IP Vietnam, and confers enforcement authority on Directors of provincial Departments of Science and Technology for the first time.

[3] Articles 3 and 8 of Decree 186, which revise Articles 15 and 20 of Decree 99. The revision provisions reallocate and clarify sanctioning authority among the police units including the Cyber Security and Crime Prevention Using High Technology force.

[4] Articles 6, 7 and 8 of Decree 186, which revise Articles 18, 19 and 20 of Decree 99. The revision provisions adjust the fine ceilings applicable to mid-level officials across market surveillance (new Article 18), customs (new Article 19), and police (new Article 20) units. The maximum penalty ceiling for individuals of VND 250 million for the highest-ranking officials is unchanged.

[5] Articles 1, 2 and 13 of Decree 186. Article 1 amends Article 3(3)(a) of Decree 99 to add blocking access to infringing domain names as a general remedial measure applicable across all categories of industrial property violation. Article 2 amends Article 14(18)(c) of Decree 99 to extend the blocking remedy to unfair competition cases specifically. Article 13 inserts new Article 31(3a) into Decree 99, which imposes specific obligations on telecoms operators to block access within five days of an order, restore access within three days of a reversal order, and report completion within ten days.

[6] Articles 1 and 13 of Decree 186. Article 1 amends Article 3(3)(a) of Decree 99 to extend remedial measures to household business names in addition to company names. Article 13 amends Article 31(2) of Decree 99 to include household business names in the enforcement procedure for name changes, requiring operators to change or remove infringing elements from their household business name within 60 days of a sanctioning decision.