Domain Name Disputes in Vietnam

How does the .vn domain operate?

The “.vn” country-code domain is managed by the Vietnam Internet Network Information Center (VNNIC) on a “first registered, first served” principle, implemented through domain registrars designated by VNNIC. The legal framework includes the Law on Telecommunications, Decree 147/2024/ND-CP on the management, provision and use of Internet services and online information, Circular 24/2015/TT-BTTTT on the management and use of Internet resources (amended by Circular 21/2021/TT-BTTTT), and Circular 21/2021/TT-BTTTT amending and supplementing Circular 24/2015/TT-BTTTT on the management and use of Internet resources (Circular 06/2019/TT-BTTTT was repealed effective 07/02/2022).

The first-registration principle does not mean whoever registers first is absolutely protected: IP law still examines the purpose and manner of domain use. Registering a domain name identical or confusingly similar to a protected trademark in order to occupy, exploit or cause damage may be handled under unfair competition and IP law — regardless of whether the domain was registered before or after.

When is domain registration and use deemed infringement?

Article 130 of the IP Law (amended by Law No. 07/2022/QH15, effective from 01/01/2023) lists unfair competition acts deemed to infringe industrial property rights, including: registering, occupying the right to use, or using a domain name identical or confusingly similar to another’s protected trademark, trade name, or a geographical indication for which one has no right of use — in order to occupy the domain name, exploit, or damage the reputation of the corresponding trademark, trade name or geographical indication.

Three constituent elements must be proven: the domain name is identical or confusingly similar to the protected subject matter; the registrant has no legitimate right or interest in the domain name; and the registration and use are aimed at occupation, exploitation or causing damage (bad faith). Typical bad faith manifestations: offering the domain name for sale to the trademark owner at a high price, using a fake website to defraud customers, or registering in bulk the domain names of famous brands for speculation.

Cases where the domain was registered before the business’s trademark was protected are more complex: the domain owner may invoke prior lawful use rights. The trademark owner then needs to prove the domain is currently being used in bad faith (e.g. redirected to a competing website, offered for sale) or that its trademark was already famous before the domain registration — famous trademarks are protected regardless of registration.

Domain dispute resolution methods

Vietnamese law allows the parties to choose: direct negotiation, mediation, arbitration under arbitral proceedings, or court litigation. For international domains (.com, .net…), there is also ICANN’s UDRP mechanism — a fast, low-cost administrative procedure conducted through ICANN-accredited dispute resolution centres, with three conditions similar to Article 130 of the IP Law.

The choice of method depends on the objective: if only a quick recovery or transfer of the domain name is needed, the UDRP (for international domains) or administrative procedures are effective; if damages are needed, a court or arbitration case must be filed. For “.vn” domains, the UDRP does not apply — disputes are resolved under Vietnamese law through negotiation, mediation, arbitration or court, combined with the administrative handling mechanism of the management authority.

Managing the domain during dispute resolution

A major risk in domain disputes is the domain owner transferring, changing information or deleting the domain while the case is being resolved. Article 16 of Circular 24/2015/TT-BTTTT (amended by Circular 21/2021/TT-BTTTT) provides a mechanism to preserve the status quo (lock) of “.vn” domains in dispute: upon receiving a request from a competent authority or when there is a basis for a dispute, the domain is kept in its current state, with no change of holder or transfer permitted during resolution.

When the dispute is resolved with a result, the winning party has 45 days of priority to re-register the disputed domain name. Therefore, as soon as a dispute is detected, the trademark owner should prepare documents to VNNIC and the registrar requesting preservation of the domain’s status quo — noting that this mechanism under Article 16 is activated on the basis of a request from a competent authority or organisation or when a dispute basis is established (e.g. a lawsuit filing, an acceptance decision), not automatically upon a unilateral request. The earlier the action, the lower the risk of domain dissipation. This is a simple procedural step with great protective value.

Administrative sanctions and domain revocation

Registering, occupying or using a domain name that infringes industrial property rights may be subject to administrative sanctions under Decree 99/2013/ND-CP (on sanctions in the industrial property field). The maximum fine in the industrial property field is VND 250 million for individuals and VND 500 million for organisations. In addition to fines, violators may face remedial measures, including domain revocation.

The mechanism for revoking “.vn” domains for IP law violations is set out in Joint Circular 14/2016/TTLT-BTTTT-BKHCN: upon an administrative sanction decision or an effective court or arbitration judgment or decision determining infringement, the domain management authority revokes the infringing domain. After revocation, the domain returns to free status and the infringed party has priority to re-register. For trademark owners, this is an effective way to reclaim a domain name without paying a “ransom” to the squatter.

.vn domains vs international domains: mechanism differences

The biggest difference: international domain disputes (.com, .net, .org…) can be resolved through the UDRP — a fast procedure (usually 2–3 months), low cost, with decisions enforced directly through the registrar. “.vn” domain disputes have no UDRP and must go through Vietnamese law mechanisms: negotiation, mediation, arbitration, court and administrative handling — usually slower and requiring evidence to Vietnamese procedural standards.

On enforcement: for international domains, the registrant may be anywhere in the world, making jurisdiction and service difficult. For “.vn” domains, VNNIC and domestic registrars are clear contact points for applying status-quo preservation and revocation measures. A brand owner’s strategy should cover both: defensively registering “.vn” and key international domains from the start, rather than only acting when disputes arise.

Evidence to prepare for domain disputes

The standard evidence set has three groups. Rights group: a valid trademark registration certificate (or evidence of a famous trademark if unregistered), documents proving the history of use and brand reputation. Infringement group: printouts and archives of the website at the disputed domain at different times; evidence of the domain being offered for sale; emails and messages offering it; evidence of customer confusion. Bad faith group: the same party’s history of bulk-registering brand domain names, fake website content, or the domain being “parked” unused while refusing transfer at a reasonable price.

For electronic evidence, proper technical preservation is needed: recording URLs and access times, and using independent archiving tools; for important content, notarised records should be made.

Prevention strategy for brand owners

Prevention is far cheaper than cure. First, register your trademark in Vietnam early — a trademark certificate is the strongest weapon in any domain dispute. In parallel, defensively register key domains: “.vn” and “.com.vn” for the Vietnamese market, “.com” for international scope, plus confusingly similar variants and other popular extensions.

Next is monitoring: alert services when new domains identical or similar to the brand are registered, to enable timely response in the early stages.

Coordination among VNNIC, registrars and handling authorities

In practice, resolving “.vn” domain disputes requires coordinating multiple contact points: VNNIC (domain resource management), the domain registrar (where the domain is registered and maintained), the infringement handling authorities (inspectorates, courts, arbitration) and the trademark owner.

Frequently asked questions