The VNIPO – New competent authority for dealing with IPR infringement
On July 1st, 2025, the Government issued Decree No. 189/2025/ND-CP (“Decree 189”) providing details on competent authorities for sanctioning administrative violations to implement the Law on Handling of Administrative Violations, as amended on June 25, 2025. Of particular note, Decree 198 stipulates for the first time that the VNIPO’s director is one of the positions who have authority to sanction administrative violations (Article 6 of Decree 189).
Before Decree 189 was issued, the Inspectorate of the Ministry of Science and Technology (“MoST”) was the competent authority to handle administrative violations in the industrial property (“IP”) field, along with a number of other agencies such as people’s committees, provincial departments of science and technology, police, market management forces and customs. However, on April 13, 2025, the Prime Minister issued Decision No. 755/QD-TTg to terminate the operation of the MoST Inspectorate and merge its personnel into the general Government Inspectorate.
On July 31, 2025, the MoST issued Decision No. 1962/QD-BKHCN to adjust its inspection plan for 2025, accordingly, the Inspectorate stopped the inspection process for pending 18 cases, including 7 cases related to IP infringement.
According to the transitional provisions of Decree 189, during the time of waiting for the Government to issue a new decree to replace Decree No. 99/2013/ND-CP providing details on sanctioning administrative violations in the IP field, the VNIPO is expected to exercise the authority to handle IPR infringement.
Decree 189 takes effect from the date of promulgation.