In the 2026 knowledge economy, copyright has evolved from a mere legal concept into a strategic asset that determines a business’s competitive advantage. Mastering the provisions of intellectual property law is now a mandatory requirement for every administrator.
In this article, LawPlus reviews and updates the latest changes in copyright law to help entities better prepare and ensure compliance.
Table of Contents/Mục lục
1. Systematizing the 2026 Legal Framework for Copyright
The year 2026 marks the stabilization of the intellectual property legal system following major reforms. Businesses should pay close attention to the following instruments currently in force:
– Core Law: Law on Intellectual Property No. 50/2005/QH11, as amended in 2009, 2014, 2019, 2022, and most recently by Law No. 131/2025/QH15.
– Guiding Decrees: Decree No. 17/2023/NĐ-CP, as amended and supplemented by Decree No. 134/2026/NĐ-CP, providing guidelines on the Law on Intellectual Property regarding copyright and related rights.
– Administrative Sanctions: Decree No. 341/2025/NĐ-CP on administrative penalties for violations in the field of copyright and related rights, featuring significantly increased fines for infringements in the Internet environment.
2. Allocation of Ownership between Businesses and Employees: Avoiding Legal Traps
One of the greatest risks for a business is ownership disputes over creative products developed by employees or collaborators.
Pursuant to Article 39 of the Law on Intellectual Property 2005 (as amended), if a work is created during the performance of official duties or under a work contract, the business shall be the owner of the economic rights (the right to publish, reproduce, create derivative works, etc.), unless otherwise agreed.
However, employees retain non-transferable moral rights, such as the right to be named as the author. Furthermore, according to Clause 1, Article 19 of the Law on Intellectual Property 2005 (as amended): “Authors have the right to transfer the right to name the work to organizations or individuals who receive the transfer of economic rights as prescribed in Clause 1, Article 20 of this Law.”
Crucial update for technology firms: Under Clause 1, Article 22 of the Amended Intellectual Property Law 2025, regarding computer programs, the author and the owner have the right to agree in writing on repairs and upgrades. Businesses must specify this clause in labor contracts to ensure absolute control over source code and future software updates.
3. Copyright Registration Process: A Solid Shield for Protection
Although copyright arises automatically from the moment a work is created and expressed in a certain material form, registration with the Copyright Office of Vietnam remains the most vital legal shield.
The registration dossier, pursuant to Article 50 of the Law on Intellectual Property 2005 (as amended), includes:
– Declaration Form: Use the latest 2026 template. The declaration must be in Vietnamese, providing full details of the author and owner, a summary of the work, and the signatures or fingerprints of the relevant parties.
– Copies of the Work: Submit two copies with an overlapping seal (giáp lai) or business certification. For digital works, files may be submitted on storage devices.
– Proof of Entitlement: Labor contracts, job assignment decisions, or creative/outsourcing contracts for design or content writing. If the author is not the owner, a written undertaking of independent creation and legal compliance is required.
– Power of Attorney: Required if the business utilizes the services of professional consultancy organizations under Article 57 of the Law on Intellectual Property 2005 (as amended). Documents in foreign languages must be translated into Vietnamese and notarized or legalized.
4. Protecting Copyright in the Digital Environment and Technological Protection Measures (TPMs)
In 2026, rights enforcement in cyberspace is a top priority. Businesses have the right to apply technological measures to prevent infringement under Article 198 of the Law on Intellectual Property 2005 (as amended). These measures include:
– Using software locks and data encryption.
– Attaching Rights Management Information (Watermarks, Metadata) to identify the owner.
– Utilizing systems to prevent unauthorized reproduction.
The law protects these measures with strict sanctions. Under Article 39 of Decree No. 341/2025/NĐ-CP, the act of intentionally removing or neutralizing TPMs shall result in a fine ranging from VND 30,000,000 to VND 50,000,000 for individuals (and double for organizations).
5. Risk Management through Assignment and Licensing Contracts
All transactions related to copyright must be established in writing to ensure legal validity. According to Articles 46 and 48 of the Law on Intellectual Property 2005 (as amended), assignment and licensing contracts for copyright and related rights must include core contents:
– Scope of assignment/license: Whether it is a total transfer of ownership or merely a permission to use for a specific duration.
– Price and payment method: Clearly define royalties, whether as a fixed fee or based on revenue.
– Warranty and Indemnity: The assignor/licensor must guarantee that the work does not infringe upon the rights of any third party.
6. Conclusion
In the context of strict law enforcement in 2026, copyright management is no longer an option but a mandatory requirement for corporate governance. Negligence in establishing rights or lack of precision in labor contracts can lead to prolonged disputes and administrative fines reaching hundreds of millions of VND under Decree No. 341/2025/NĐ-CP. To optimize competitive advantage, businesses should immediately implement these three steps:
(i) Review Contract Systems: Ensure that intellectual property ownership clauses are clearly defined, in accordance with Article 39 of the Intellectual Property Law 2025 (as amended).
(ii) Timely Registration: Perform registration procedures at the Copyright Office of Vietnam to establish the highest legal grounds.
(iii) Deploy Protection Technology: Implement TPMs to self-protect assets in the digital environment pursuant to Article 198 of the Law on Intellectual Property 2005 (as amended).
