Administrative measures are among the most common and effective tools for enforcing intellectual property (IP) rights in Vietnam for a very practical reason: they are fast and can “strike” directly at infringing goods/evidence in circulation (warehouses, points of sale, shelves, and distribution channels).
1) What are administrative measures in IP enforcement?
In essence, administrative enforcement of IP rights is the use of administrative authority by competent state agencies to compel organizations and individuals who violate IP laws to cease the infringing conduct and to bear specific administrative sanctions, based on the principles that violations must be detected and prevented in a timely manner; enforcement must be carried out promptly, publicly, and objectively; and the sanctioning authority bears the responsibility to prove the violation.
Unlike civil measures, administrative measures are not aimed at compensation for damages but rather focus on penalizing unlawful conduct and protecting the state’s administrative order.
2) Depending on the infringed right, businesses typically encounter two key legal frameworks:
(i) Industrial property (trademarks, industrial designs, patents, etc.)
The core framework for administrative sanctions is Decree No. 99/2013/ND-CP on administrative penalties in the field of industrial property. This Decree has been amended and supplemented and was recently further updated by Decree No. 46/2024/ND-CP (effective from 1 July 2024), which amends Decree No. 99/2013/ND-CP (as previously amended by Decree No. 126/2021/ND-CP).
(ii) Copyright and related rights
For administrative sanctions in the field of copyright and related rights, Decree No. 341/2025/ND-CP applies and will take effect from 15 February 2026.
In addition, the “backbone” rules on principles, competence, sanctioning procedures, and remedial measures continue to be governed by the Law on Handling of Administrative Violations.
3) Which authorities have jurisdiction?
In practice, selecting the right enforcement authority is critical to speed and effectiveness. From a practical perspective:
-
Market Surveillance Authority: suitable where infringing goods are circulating domestically and there are identifiable points of sale/warehouses (especially in B2C contexts).
-
Science and Technology Inspectorate: often suitable for industrial property infringements, particularly where technical assessment of the signs/subject matter is required.
-
Police: suitable where there are indications of organized activity, large scale, or factors requiring broader investigation.
-
Customs: suitable for goods that are imported/exported or cross-border (although this is often referred to as a “border measure,” it is closely connected to administrative enforcement in practice).
-
Culture-sector authorities (for copyright and related rights): under Decree No. 341/2025/ND-CP, sanctioning competence is designed for both the cultural authorities and other relevant enforcement forces.
4) What measures can administrative authorities apply?
In IP infringement cases, commonly applied measures include:
-
Sanctions (such as warnings, monetary fines, confiscation of infringing goods/evidence and infringing means/tools, etc.);
-
Remedial measures: requiring removal of infringing elements, ordering recall, ordering destruction of infringing goods/packaging/labels, and other measures to restore the lawful status as appropriate on a case-by-case basis.
The deterrent effect of administrative enforcement does not lie only in the amount of the fine but in whether the economic benefits of infringement are eliminated (confiscation – recall – destruction – removal of infringing elements).
5) Administrative enforcement procedure
Decree No. 99/2013/ND-CP not only sets out infringing acts and penalty levels but also includes provisions on the procedure for filing an enforcement request and the mechanism for handling such requests. A typical process includes the following steps:
Step 1: Before filing a request, clarify:
-
Whether the rights have been registered/proven (especially for trademarks/industrial designs);
-
Who the proper rights holder is (parent company, subsidiary, individual);
-
Whether a power of attorney and/or documents proving lawful use/authority are required.
Step 2: Collect evidence that answers three questions: Who infringes? What is infringed? Where does the infringement occur?
-
Offline: photos/videos of the point of sale, warehouse address, product samples, packaging, invoices (if any), batch information, signage, and sales staff details.
-
Online: timestamped screenshots, chat history, waybills/receipts, and especially test purchases to secure evidence of the goods actually delivered.
Step 3: Submit the enforcement request
A file typically includes:
-
The request letter/petition;
-
Evidence of rights;
-
Evidence of infringement;
-
Information about the infringing location/primary contact/source.
Step 4: The competent authority conducts an on-site inspection of the suspected infringer’s premises, usually without prior notice.
Step 5: If a violation is found, the authority prepares an inspection record/minutes and issues an administrative sanctioning decision.
6) Advantages and limitations of administrative measures
Advantages
-
Fast and suitable for immediate cessation of infringement;
-
Direct impact on infringing goods, reducing the risk of further spread;
-
Often more cost-efficient than lengthy civil litigation;
-
Strong deterrent effect: confiscation and destruction can materially disrupt the infringer’s business operations.
Limitations
-
Does not address compensation for damages as a civil mechanism does;
-
Risks “treating the symptoms” if the upstream source is not identified;
-
For online infringements, if enforcement only results in content takedowns without locating the warehouse/source, repeat infringement can occur very quickly.
______________________
Should you have any inquiries, please do not hesitate to contact us.
𝟏𝟗𝟖𝟗 𝐋𝐀𝐖
Website: 1989law.vn
Hotline: (+84) 945.45.45.11
Address: 18th Floor, The Nexus Building, 3A – 3B Ton Duc Thang Street, Saigon Ward, Ho Chi Minh City 700000, Vietnam