Criminal Enforcement of IP in Vietnam

Abstract This chapter comprehensively examines intellectual property (IP) criminal enforcement in Vietnam. Situated within a complex legal framework influenced by French civil law, Soviet administrative control, and contemporary international commitments, Vietnam’s IP enforcement regime highlights the tensions of a transitional legal system. This chapter begins by clarifying Vietnam’s distinct hierarchy of legal instruments, especially the significance of sub-law documents for IP regulation. Subsequently, it offers a critical analysis of the civil, administrative, and criminal components of its enforcement framework. While civil remedies offer a theoretically strong avenue, they are practically of limited utility. Administrative enforcement dominates in both volume and speed, albeit at the expense of due process and damages. Criminal sanctions, though increasingly codified, remain under-used, constrained by conceptual ambiguities and procedural rigidity. In this context, the chapter highlights emerging issues in Vietnam’s inadequate criminal tools for combating online piracy, the blurred lines between formal and substantive counterfeiting, and the inconsistent treatment of IP rightsholders in litigation. Recent reforms, such as the introduction of specialized IP courts and expanded recognition of statutory damages and attorney’s fees, suggest a growing institutional maturity. However, the effectiveness is still questioned because of deep-rooted habits in how government works, non-transparent court procedures, and a lack of accessible and trustworthy information about enforcement. Drawing on both doctrinal analysis and leading case studies, the chapter underscores Vietnam’s ambivalent posture: eager to comply with global IP norms, yet persistently reliant on a state-centric, non-litigious model of control.