Executive Summary
In December 2025, Vietnam’s National Assembly adopted amendments to the Intellectual Property Law and the High Technology Law, introducing a policy shift toward the economic utilization of intellectual property (IP) and strategic technologies. The new framework explicitly recognizes IP as an economic asset that may be valued, transferred, pledged as collateral, and recorded for financial and investment purposes.
The reforms aim to move Vietnam’s IP regime beyond a purely rights-protection model toward a commercialization- and market-oriented approach, while maintaining safeguards against misuse, infringement, and national security risks.
1. Intellectual Property as an Economic Asset
The amended Intellectual Property Law expressly permits rights holders to use IP for civil, commercial, and investment transactions, including valuation for financial and accounting purposes, assignment and licensing, capital contribution, and pledging IP as collateral for loans.
The State encourages the use of IP as a financing and investment instrument under existing laws on enterprises, investment, and credit institutions. This marks a clear policy endorsement of IP as a deployable economic resource, rather than merely a legal entitlement.
2. Transaction Price Databases and Valuation Transparency
A notable institutional development is the mandate to establish databases of intellectual property transaction prices, intended to serve as reference benchmarks for the market.
The Government is tasked with developing transparent IP valuation mechanisms, integrating transaction data into national digital infrastructure, and applying automation, big data, and artificial intelligence to IP administration.
IP transactions are expected to be facilitated through innovation and innovation-support centers, rather than conventional trading exchanges. The emphasis is on information transparency and valuation reference, not on creating a speculative IP trading market.
3. Artificial Intelligence and IP: Legal Clarification
The amended law introduces explicit principles governing artificial intelligence in the IP context.
Artificial intelligence is not recognized as a legal subject capable of owning IP rights. Works or inventions autonomously generated by AI without substantive human creative input are not eligible for IP protection.
Where AI is used as a tool and humans make meaningful creative contributions, those humans remain the recognized authors or inventors.
The law also allows the use of lawfully published works and data for AI research, testing, and training, provided that such use does not unreasonably prejudice the legitimate interests of rights holders. Detailed implementing regulations on copyrighted data for AI training are to be issued by the Government.
4. Expanded Scope of Industrial Design Protection
The amendments extend industrial design protection to non-physical and digital products, including digital designs, user interfaces, and products existing exclusively in digital environments, provided they meet the criterion of industrial applicability.
This development aligns Vietnam’s industrial design regime more closely with the needs of digital and platform-based industries.
5. Conflict Resolution Between Overlapping IP Rights
Where a single subject matter gives rise to multiple IP rights and conflicts arise, the law establishes a clear priority rule: later-arising rights must cease to be exercised if they conflict with earlier rights, subject to judicial determination.
This provision reinforces legal certainty and judicial oversight in complex IP portfolios.
6. Public Interest Safeguards
The law clarifies that IP protection may not be invoked to restrict the use of national symbols, including the national flag, national emblem, and national anthem, in digital environments.
Computer programs continue to be protected as literary works, with explicit permission for lawful backup copies and distribution under licensing agreements via digital platforms.
7. State-Funded Research and Commercialization Rights
For research financed by the state budget, the amended law grants implementing organizations the right to apply for patent and industrial design protection, organize commercialization activities, and distribute benefits in accordance with applicable science, technology, and innovation laws.
This provision is intended to accelerate the translation of publicly funded research into market applications.
8. National IP Development Programs
The law mandates the establishment of a national program to support the creation, protection, and exploitation of IP assets, with targeted support for rural areas, mountainous regions, and ethnic minority communities.
The objective is to broaden participation in IP-based economic development across the economy.
The amended Intellectual Property Law will enter into force on 1 April 2026.
9. High Technology Law: Strategic Technology as a National Priority
In parallel, the National Assembly adopted amendments to the High Technology Law, positioning high and strategic technologies as central drivers of Vietnam’s economic development, national security, and technological autonomy.
Key features include preferential incentives at the highest levels permitted under investment, tax, and land laws; prioritized public funding for research, development, testing, application, and commercialization; and investment in digital, technical, and technological infrastructure to support digital and green transformation.
The law emphasizes strengthened linkages between research institutions, universities, and enterprises, alongside special mechanisms to localize, master, and deploy strategic technologies.
Special policies are also introduced to attract and retain high-technology human resources, including favorable working and living conditions.
Strict prohibitions apply to the misuse of high or strategic technologies to harm national interests, infringe IP rights, or adversely affect security, public health, social morality, or the environment.
The amended High Technology Law will take effect on 1 July 2026.
10. Concluding Note for International Stakeholders
Taken together, these legislative reforms signal Vietnam’s intention to integrate intellectual property more deeply into enterprise finance and investment, improve valuation transparency without creating speculative IP markets, clarify AI-related IP rules, and align IP and technology policy with long-term industrial and strategic objectives.
For foreign investors, technology partners, and research institutions, the changes create new opportunities for structured IP transactions, while also introducing clearer compliance and public-interest boundaries./.
