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Vietnam’s Amended IP Law 2025 (Law No. 131/2025/QH15): Key Highlights

On December 10, 2025, continuing the agenda of the 10th Session, the 15th National Assembly voted to pass the Law Amending and Supplementing a Number of Articles of the Intellectual Property Law (Law No. 131/2025/QH15). This is the 5th amendment since the Intellectual Property Law 2005 was promulgated. The Vietnam IP Law amendment 2025 takes effect from October 1, 2025. The promulgation of this law marks an important step forward in meeting the requirements of socio-economic development, international integration, and effective protection of intellectual property rights.

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    Summary of Vietnam’s Amended IP Law 2025 (Law No. 131/2025/QH15): Key Highlights

    Summary of Vietnam’s Amended IP Law 2025 (Law No. 131/2025/QH15): Key Highlights

    Summary of Vietnam’s Amended IP Law 2025

    • Regulations on intellectual property associated with artificial intelligence.
    • Regulations shortening the time limit for substantive examination of industrial property registration.
    • Simplification of industrial property registration dossier components.
    • Shifting from “protection of rights” to “assetization, commercialization” of intellectual property.
    • Tightening legal liability regarding IP of digital platforms and payment intermediaries.

    Regulations on intellectual property associated with artificial intelligence (AI)

    For the first time, the legal framework on IP officially recognizes the influence of AI. The Law assigns the Government to regulate “the generation and establishment of intellectual property rights […] in cases where the object of intellectual property rights is created using artificial intelligence systems”. This is a pioneering step aimed at resolving disputes regarding authorship and ownership in the new technology era.

    Regulations on AI/Big Data: allowing the use of published works for training

    Additionally, the Amended IP Law 2025 has supplemented Clause 5, Article 7 of the Intellectual Property Law, officially allowing organizations and individuals to train AI using published intellectual property rights “provided that such use does not unreasonably prejudice the legitimate rights and interests of the author, owner of intellectual property rights”.

    This new regulation both opens up opportunities to apply technology in creativity and sets certain limits for the use of AI, as it only permits AI to use others’ works for the purposes of scientific research, testing, and AI training, while ensuring no unreasonable prejudice to the author’s rights.

    Mechanism for handling violations in the digital environment (Takedown notice)

    The Law 2025 has supplemented Article 202 on Civil measures to handle IP rights infringement with a content removal mechanism – Takedown notice associated with the digital environment and e-commerce. Specifically, the new Law allows right holders to use the measure:

    “7. Force the removal, hiding or disabling of access to information, content, accounts, websites, applications or Internet address identifiers related to intellectual property rights infringement acts.”

    Along with regulations on the actions of e-commerce floors in the mechanism against IP violations in the digital environment in Decree 85/2021/NĐ-CP on e-commerce, the original regulation of the Amended IP Law has filled the gap regarding the right to request of the right holder – the root right in IP. This is the basis for enforcing regulations in the decree on e-commerce more strongly, setting sanctions forcing e-commerce floors to have timely response mechanisms due to pressure from the right holders themselves.

    Regulations shortening the time limit for substantive examination of industrial property registration

    Regulations shortening the time limit for substantive examination of industrial property registration

    Regulations shortening the time limit for substantive examination of industrial property registration

    Time limit for substantive examination of trademarks, industrial designs and geographical indications shortened from 6 months to 5 months

    Previously, according to Clause 2, Article 119 of the Intellectual Property Law, the time limit for substantive examination of industrial property registration applications was as follows:

    • Inventions: within 12 months from the date of application publication;
    • Trademarks, industrial designs, and geographical indications: within 6 months from the date of application publication.

    However, the new regulation in the IP Law 2025 has shortened the time limit for substantive examination of trademark, industrial design, and geographical indication applications to 5 months.

    Fast-track substantive examination mechanism for inventions, trademarks within only 3 months

    The IP Law 2025 has added Clause 2a after Article 119 of the Intellectual Property Law, specifically:

    “2a. In cases prescribed by the Government, the applicant has the right to request fast-track substantive examination for invention registration applications and trademark registration applications. The fast-track substantive examination is performed within three months from the time specified at Point a or Point b, Clause 2 of this Article.”

    Thus, the Intellectual Property Law 2025 has supplemented the “fast-track substantive examination” mechanism, allowing the time for reviewing invention and trademark registration applications to be shortened to only 03 months (instead of 12 months for inventions and 05 months for trademarks as before).

    This regulation holds strategic significance in optimizing the roadmap for commercializing intellectual property assets, helping technology enterprises and startups seize market opportunities to assert ownership in rapidly changing fields such as AI or biotechnology.

    At the same time, this is also a breakthrough in administrative reform, creating a national competitive advantage to attract multinational corporations to establish R&D centers in Vietnam, where creative achievements are legally protected in record time.

    Simplification of industrial property registration dossier components

    One of the Vietnam’s Amended IP Law 2025 (Law No. 131/2025/QH15): Key Highlights is the structural amendment at Article 100, completely changing the approach in preparing industrial property registration dossiers. Specifically:

    From rigid listing to flexible principle framework

    Instead of maintaining a list of documents as per the old regulation (declarations, power of attorney, documents proving genetic resources, receipts of state fees…), the new law only provides a comprehensive regulation: “The dossier includes documents on the object requesting protection and other relevant documents”.

    Note: This change does not mean that supporting documents (such as power of attorney or priority rights) are abolished. Instead, it creates a more flexible legal corridor, allowing detailed guiding decrees to adjust the list of dossiers according to each period without needing to amend the original law.

    Standardizing protection scope: “One application – One diploma”

    A notable new point is that the law has legalized the principle: Each registration application may only request the issuance of one protection diploma for a single object. This helps the data management system become transparent, avoiding overlap and making the search and substantive examination process more coherent.

    Shifting focus from “Pre-check” to “Post-check”

    The Law 2025 places the highest responsibility on the applicant. The applicant has the right to self-declare information in a minimalist manner but must be fully responsible for honesty.

    If the competent authorities detect any fraud or information deviation, the protection diploma will be revoked immediately.

    This simplification is not only to reduce administrative barriers for enterprises but also demonstrates trust in the self-discipline of creative entities, while helping Vietnam move closer to international intellectual property registration standards.

    Shifting from “protection of rights” to “assetization, commercialization” of intellectual property

    The amended Law has also added Article 8a – a completely new article, directly regulating the management and exploitation of IP rights as an asset for the first time.

    The Law adds flexible mechanisms to turn intellectual assets into true economic resources:

    • Governance responsibility: Enhancing the role of the owner in internal governance of intellectual assets.
    • Diversification of transactions: Affirming IP rights are legal assets used for capital contribution, mortgage, and business investment.
    • Support mechanisms: The State commits to encouraging enterprises to exploit IP rights to mobilize capital and create momentum for sustainable production development.

    This is an important highlight to move IP rights (especially inventions/utility solutions, trademarks…) from “legal rights” to “financial assets” in banking – commercial transactions, while setting requirements to raise standards on valuation, legal records of assets, and risk management (validity status, scope of protection, disputes, maintenance obligations…).

    Tightening legal liability regarding IP of digital platforms and payment intermediaries

    To protect legitimate rights in cyberspace, the Law supplements Article 198b on legal liability regarding intellectual property rights for intermediary service providing enterprises and digital platform owners, specifically regulating the responsibilities of related parties:

    • Digital platform owners: Mandatory implementation of technical and administrative solutions to prevent IP violations.
    • Coordination mechanism: Requiring intermediary enterprises to collaborate closely with management agencies and right holders to thoroughly handle online IP infringement acts.

    Impact of Vietnam IP Law amendment 2025 on groups of subjects

    For Tech Start-ups

    The group of technology enterprises, especially AI development units, are the biggest beneficiaries but also face the highest responsibilities:

    • Time-to-market optimization: The fast-track examination mechanism in 3 months is a huge “boost”. Startups can establish ownership rights almost immediately to raise capital or sign exclusive contracts, instead of waiting for more than a year as before.
    • Legalizing input data: Regulations allowing the use of published works to train AI help remove the bottleneck regarding copyright “gray zones”. Enterprises can confidently build Big Data sets without fearing stagnant legal risks, as long as they comply with lawful access principles.
    • Capitalization of intellect: Opening up opportunities to use protected source code and algorithms as collateral for bank loans, helping to solve the problem of lack of tangible assets for creative startups.

    For Artists/KOLs

    • Control AI copying: Although AI is allowed to learn from public works, artists have legal tools to object if this “learning” causes unreasonable prejudice (e.g., AI creates style-imitating products causing direct economic damage to the author).
    • Responsibility of digital platforms: With Article 198b of the IP Law, artists/KOLs now have the right to require e-commerce floors, social networks, and even payment intermediaries to actively prevent infringing content. The removal of infringing content (unauthorized derivative works, deepfakes) will be faster and more thorough thanks to the mandatory coordination mechanism.
    • AI right establishment mechanism: The Law recognizes objects created using AI, helping artists clearly define ownership rights when they use AI tools to support creation, avoiding disputes over authorship.

    For Import-Export Enterprises

    New regulations help import-export enterprises better adapt to new generation free trade agreements (CPTPP, EVFTA):

    • Strict border control: The Law tightens measures to control IP counterfeit goods at the border. Enterprises owning strong brands will be better protected against imported fake goods, while Vietnam’s exported goods also increase credibility regarding legitimacy in the international arena.
    • Simplification of international procedures: Registration dossiers following the “principle framework” help enterprises easily synchronize dossiers when registering trademarks/inventions abroad, reducing administrative costs and technical errors.
    • Transparency of responsibility: The shift from “pre-check” to “post-check” forces import-export enterprises to be extremely careful in the information declaration stage. Honesty becomes a vital requirement to maintain the validity of protection diplomas in many different markets.

    With the focus on commercializing intellectual assets, simplifying administrative procedures, and promoting technology application in state management of intellectual property, the Intellectual Property Law Amending 2025 is expected to be an important legal foundation, contributing to promoting innovation and enhancing national competitiveness in the new development period.

    The above are the key notable updates introduced by Vietnam IP Law amendment 2025 (Law No. 131/2025/QH15. Clients wishing for advice on registering for protection of intellectual property rights objects, please contact Viet An Law Firm for the best advice and support!

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