Directive No. 02/CT-TTg: A Decisive Turning Point in Vietnam’s Intellectual Property Protection
HANOI – On January 30, 2026, Prime Minister Pham Minh Chinh officially issued Directive No. 02/CT-TTg, marking a significant shift in Vietnam’s strategy for enforcing intellectual property (IP) rights. This Directive signals a transition from administrative measures to a more rigorous criminal enforcement framework, aimed at fostering a transparent investment environment and honoring international commitments.
The Urgency for Change
Despite recent legislative improvements, IP infringement in Vietnam—particularly regarding patents, trademarks, and industrial designs—remains “complex and sophisticated.” Prime Minister Pham Minh Chinh has emphasized that these violations not only undermine the legitimate rights of businesses but also negatively impact Vietnam’s national reputation and its investment climate.
Core Pillars of Directive 02/CT-TTg
The Directive sets out a “six-clear” principle (clear person, clear task, clear time, clear responsibility, clear product, and clear effectiveness) for relevant ministries:
- Tougher Criminal Sanctions: The Ministry of Justice has been tasked with proposing amendments to the Penal Code. The objective is to expand the scope of IP-related crimes and significantly increase penalties to ensure a strong deterrent effect against organized and cross-border infringements.
- A Technology-Driven Approach: The Ministry of Science and Technology will spearhead the development of a National Database on IP Enforcement. Leveraging AI and Blockchain technology, this system will enhance the tracking and handling of violations in both physical and digital marketplaces.
- Inter-Agency Coordination: The Ministry of Public Safety will intensify investigations and prosecutions, focusing on large-scale syndicates, while the Ministry of Finance (Customs) will tighten border controls to prevent the flow of counterfeit goods.
Implications for Businesses and Investors
Directive 02/CT-TTg, in conjunction with the amended IP Law effective from April 1, 2026, creates a robust legal safety net. Intellectual property theft will no longer be viewed merely as a minor administrative violation but as a serious criminal offense.
For enterprises operating in high-risk sectors such as technology, pharmaceuticals, and consumer goods, this is a clear signal to:
- Proactively Audit IP Portfolios: Ensure all industrial property rights are properly registered and maintained.
- Monitor the Market: Utilize the new national database and legal tools to report infringements promptly.
- Engage with Legal Experts: Stay updated on the evolving Penal Code to leverage the full protection of the law.
WINCO’s Commitment
As a leading international patent, trademark, and copyright law firm, WINCO continues to monitor these legislative developments closely. We are committed to assisting our clients in navigating this new landscape, ensuring that your innovations and brand assets are protected by the most stringent legal measures available in Vietnam.
WINCO – International Patent, Trademark & Copyright Law Firm Website: www.wincolaw.com.vn Email: winco@winco.vn | patent@winco.com.vn