Vietnam Strengthens Administrative Enforcement of Industrial Property Rights under Decree 186/2026/ND-CP
On May 26, 2026, the Vietnamese Government issued Decree No. 186/2026/ND-CP (“Decree 186“), amending and supplementing several provisions of Decree No. 99/2013/ND-CP (“Decree 99“) governing administrative sanctions in the field of industrial property. The amendments come amid Vietnam’s broader reform of both its administrative and judicial systems and reflect the Government’s increasing emphasis on strengthening the enforcement of industrial property rights, particularly in the digital economy.
Decree 186 takes effect on July 15, 2026.
The key developments are outlined below.
- The Vietnam Intellectual Property Office Assumes Administrative Enforcement Powers
Decree 186 revises the provisions governing the competence of administrative authorities to impose sanctions for industrial property infringements, reflecting Vietnam’s recent institutional restructuring and the reorganisation of state enforcement bodies.
One of the most notable changes is that the Vietnam Intellectual Property Office (“VNIPO”) assumes administrative enforcement powers previously exercised by the Inspectorate of the Ministry of Science and Technology, following the latter’s abolition under the Government’s institutional restructuring. The reform is expected to improve the efficiency and consistency of administrative enforcement by allowing infringement assessments to be carried out by officials with specialised expertise in patents, trademarks and industrial designs.
The traditional enforcement authorities—including the Market Management Agency (“MMA”), People’s Committees at all levels, Departments of Science and Technology, Customs and the Police—retain their enforcement powers, although the monetary thresholds determining their sanctioning competence have been adjusted to reflect the new institutional framework. The maximum statutory penalties generally remain unchanged.
Another noteworthy development is the express conferral of sanctioning powers on the Cyber Security and High Technology Crime Prevention Force, underscoring the Government’s increasing focus on combating online infringements.
- Website Blocking Introduced as a New Administrative Remedy
Decree 186 introduces an important new remedial measure specifically designed to address online infringements by allowing competent authorities to order the blocking of access to infringing domain names.
Under the new provisions, hosting service providers may be required to implement technical measures to block access to an infringing domain name within five days of receiving an enforcement order. Access must be restored within three days after the blocking order is lifted, and the service provider must report the implementation results within ten days after completion.
This mechanism provides enforcement authorities with a practical means of promptly disrupting online infringements while administrative proceedings remain pending. Depending on the outcome of the proceedings, the competent authority may subsequently order the revocation or return of the infringing domain name.
The new measure is expected to strengthen the effectiveness of administrative enforcement against online trademark infringement, particularly where websites or domain names are used to advertise or sell counterfeit or unauthorised goods.
- Remedial Measures Extended to Household Business Names
Decree 186 expands the scope of remedial measures to cover not only infringing company names, as under the previous regime, but also household business names.
This amendment fills an important enforcement gap by providing a clearer legal basis for rights holders to seek administrative action against infringements committed by household businesses, a business model widely used by small retailers throughout Vietnam. In practice, this is likely to facilitate administrative complaints filed with the MMA against infringing household businesses.
- Simplified Power of Attorney Requirements
One of the most welcome changes for rights holders is the removal of the notarisation and consular legalisation requirements for powers of attorney (“POAs”) submitted in administrative enforcement proceedings.
Under the previous version of Decree 99, foreign rights holders were generally required to submit notarised and consular legalised POAs. In practice, completing these formalities could take several weeks—or even months—allowing infringers valuable time to dispose of infringing goods or conceal evidence before enforcement action could be initiated.
Under Decree 186, rights holders need only submit the original or a certified copy of the POA. Notarisation and consular legalisation are no longer required. Where the POA is executed in a foreign language, it is sufficient to provide a Vietnamese translation certified by a competent authority or confirmed by the authorised Vietnamese IP representative.
Decree 186 also introduces a useful administrative simplification for repeat enforcement actions. Where the original POA has previously been submitted to the same enforcement authority and remains valid, the applicant may simply refer to the earlier case file instead of resubmitting the original document. This change should reduce unnecessary administrative formalities for rights holders pursuing multiple enforcement actions before the same authority.
Practical Implications
Decree 186 represents a significant step in Vietnam’s ongoing efforts to modernise the administrative enforcement of industrial property rights. Beyond reflecting the Government’s broader institutional reforms, the amendments introduce practical mechanisms designed to improve the speed and effectiveness of enforcement, particularly in the digital environment.
For rights holders, the combination of expanded enforcement powers, new tools to address online infringements and simplified procedural requirements is expected to make administrative enforcement a more efficient and attractive option for protecting industrial property rights in Vietnam.
Businesses relying on brands, technology or innovation should review their intellectual property enforcement strategies in light of these developments, enabling them to respond more effectively to infringements while taking advantage of the enhanced enforcement mechanisms introduced under the new framework.