Vietnam: New Copyright Decree now in effect. Piracy is part of it

The Vietnamese government issued Decree No. 341/2025/ND-CP, which went into effect on February 15, 2026.  The Decree details what constitute infringing acts, the forms of penalties and remedies, and mechanisms for enforcement. It replaces Decree No. 131/2013/ND-CP, from October 13, 2013.

The Decree applies both to individuals and to organizations, and the penalties primarily are monetary fines.  Additional penalties can include the confiscation of infringing items, and in the case of online infringement, the disabling of their means of delivery.

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Provisions of the Decree

Thirty five infringing acts are defined in the Decree.  Many of them apply to the creation of media content, including:

1. Infringement of the right to name a work or the right to be identified by the author’s real name or pseudonym when the work is published or used (fine from VND 1–30 million, depending on the violation);
2. Infringement of the right to protect the integrity of a work (fine from VND 20–40 million);
3. Infringement of the right to publish a work (fine from VND 10–20 million);
4. Infringement of the right to create derivative works (fine from VND 10–30 million);
5. Infringement of the right to perform a work before the public (fine from VND 20–50 million);
6. Infringement of the right to rent the original or copies of cinematographic works or computer programs (fine from VND 10–20 million);
7. Infringement of the right to distribute the original or copies of a work to the public (fine from VND 5–100 million);
8. Infringement of the right to import the original or copies of a work for distribution to the public (fine from VND 200–250 million);

Other clauses relate to distribution

1. Infringement of the right to broadcast or communicate sound recordings or audiovisual recordings to the public (fine from VND 30–50 million);
2. Infringement of the right to broadcast or rebroadcast broadcast programs (fine from VND 150–200 million);
3. Infringement of the right to distribute fixed broadcast programs to the public (fine from VND 5–100 million);
4. Infringement of the right to import the original or copies of fixed broadcast programs for distribution to the public (fine from VND 200–250 million);
5. Infringement of the right to fix broadcast programs (fine from VND 20–30 million);
6. Infringement of the right to reproduce fixed broadcast programs (fine from VND 5–100 million);
7. Transportation or storage of pirated copies of works (fine from VND 1–100 million);

Several clauses apply to the protection of media

1. Infringement of the right to apply effective technological measures to protect copyright and related rights (fine from VND 30–250 million);
2. Infringement of the right to apply rights management information to protect copyright and related rights (fine from VND 30–100 million);
3. Violation of legal responsibilities relating to copyright and related rights applicable to intermediary service providers and other organizations and individuals (fine from VND 10–150 million).

Penalties

At the time this Decree went into effect, one US dollar equaled VND 3,850 (3,850 Vietnamese Dong).  Therefore, the maximum penalty for transportation or storage of pirated copies would equate to US$3,850.61.

In addition to penalties for copyright violations as defined in the Decree, additional penalties apply to eight other administrative violations relating to copyright approvals, registration and assignment of copyright, collection of royalties, consulting activities and seizure of infringing exhibits and means.

Why it matters

Piracy has been a major problem in Vietnam.  Research published by the Asia Video Industry Association in mid-2025 found Vietnam to be a video piracy hotspot where 80% of violations occur on digital platforms. 56% of respondents have accessed pirated content, and 62% have cancelled subscriptions to access free pirated content instead.

Futher reading

Government issues new Decree on administrative penalties for Copyright and related rights infringements. January 5, 2025. Winter IP.

Vietnam is among the countries wiht the highest rates of digital content copyright infringement in the region. Article. June 8, 2025. by Quynh Trang. Journal of Intellectual Property and Innovation (Vietnam)