Under Law on Information Technology No. 67/2006/QH11 (which came into force as of 1 January, 2007), dispute on registration and use of domain names under ccTLD ".vn" can be resolved through three different proceedings: (i) Negotiation and conciliation; (ii) Abitration proceedings; or (iii) Court proceedings. However, there is no under-law document providing detailed regulations and guidelines on domain name dispute resolution to be issued since then, therefore domain name dispute resolution in Vietnam is still a big problem. In fact, no domain name dispute is resolved through these proceedings up to date.
In a view thereof, on 24 December, 2008, Ministry of Information and Telecommunication issued Circular No. 10/2008/TT-BTTTT ("Circular 10") providing regulations on domain name dispute resolution regarding ccTLD ".vn". According Circular 10, conditions for bring a domain name dispute to the court are (i) the domain name in question is identical or confusingly similar to the name of the plaintiff; identical or confusingly similar to the trademark or service mark in which the plaintiff has rights; (ii) the defendant (the domain name registrant) has no rights or legitimate interests in respect of the domain name in question; and (iii) the domain name has been used in bad faith by the defendant. Of note, these conditions are consistent to those that are required for a domain name dispute resolution using UDRP Administrative Procedure provided by WIPO.
With these new regulations, it is expected that situation on domain name dispute resolution in Vietnam will be considerably improved in the near future and court proceedings will become an effective way to recover the domain names which have been registered by cybersquatters.