Discovering that a competitor is using your trademark does not mean you must jump straight into expensive litigation. In practice, a trademark infringement warning letter (cease & desist letter) is the first — and often the last — step of enforcement: a properly drafted letter can make the infringer stop voluntarily or negotiate a license, without going to court. This guide explains how to draft an effective warning letter under Vietnamese law.
Legal Status of the Warning Letter
A warning letter is a written exercise of the right to self-protection of IP rights — Article 198.1(b) of the Intellectual Property Law (numbering per VBHN 67/VBHN-VPQH following Law 131/2025/QH15): rights holders may require organizations or individuals committing IP infringements to terminate the infringing acts, apologize, publicly rectify, and compensate for damages. (Article 198.1(d): the right to sue before courts or arbitration.)
Three legal points to grasp before drafting:
- A warning letter is NOT a mandatory procedure before suing or seeking administrative handling — the law prescribes no “must send a warning letter first” sequence. It is a practical step that saves litigation costs and shows good faith;
- There is NO state-issued template for warning letters — the document is drafted by the rights holder or their lawyer, not an administrative form. No “Form No. … of Circular …” exists for this letter;
- Technical note: Law 131/2025/QH15 did NOT amend Article 198 — the renamed article is Article 198b (responsibilities of intermediary service providers and digital platform operators). Some online analyses abbreviating this as “amending Article 198” are inaccurate and should not be repeated.
Standard Warning Letter Structure — 8 Components
The following reflects practical professional experience, not statutory requirements. An effective warning letter contains 8 components:
1. Party information
Sender: the trademark owner or authorized IP representative (cite the authorization document number). Recipient: the exact legal name, address, and tax code if available. Verify the correct subject — the shop owner, the manufacturer, and the e-commerce platform operator are different subjects; writing to the wrong one neuters the letter.
2. Basis of rights
State the trademark name, registration certificate number, grant date, goods/services classes, and validity status; attach a copy of the certificate. Claim only within the actual scope of protection — do not exaggerate the covered classes.
3. Specific description of the infringing acts
What the suspected infringing sign is, where it is used (shop address, URL, store name, product link), when discovered, and by what means (physical shop, website, e-commerce platform, fanpage, etc.); cite Article 129.1 of the IP Law. Be as specific as possible; avoid vague descriptions.
4. Accompanying evidence
Product photos, links/screenshots (notarized where available), sample purchase invoices, and especially an IP expert opinion if already obtained — high-weight evidence under Article 201.5 of the IP Law (see IP expert opinions in disputes).
5. Legal citations
Article 129.1 (infringing acts), Article 198.1(b) (right to demand cessation), and the next-level sanctions: civil litigation (Article 198.1(d), Article 205 — damages up to VND 1 billion + moral damages of 10–100x base salary), administrative sanctions (Decree 99/2013/ND-CP as amended by Decree 186/2026/ND-CP — do not cite the expired Decree 131/2013), and criminal liability (Article 226 of the Criminal Code) where the elements are met.
6. Specific demands + deadline
Immediately cease manufacturing/trading/advertising goods bearing the infringing sign; recall and destroy infringing goods; give a written non-repetition commitment; compensate for damages (state an amount or propose negotiation/licensing). Deadline of 7–15 days from receipt — this is professional practice, NOT a legal requirement, and the letter must say so.
7. Consequences of non-compliance + reservation of rights
State clearly that the file will be transferred to the competent authority for administrative handling and/or a lawsuit will be filed with the IP Court of the Regional People’s Court, claiming full damages, court fees and litigation costs; provisional urgent measures will be sought; all rights and legal remedies are reserved.
8. Signature
The owner’s legal representative or the lawyer/IP representative (with the authorization document); company seal for organizations.
Delivery Method — Securing Evidence
- Registered post / express courier with delivery confirmation;
- A bailiff’s record (vi bằng) of the delivery — a means of proving dispatch/receipt, not a mandatory procedure;
- Email only as a supplement (hard to prove the recipient read it).
Keep everything: the original letter, dispatch receipts, delivery confirmations, the bailiff’s record.
Techniques to Increase Effectiveness
- Attach the IP expert opinion (if available): turning “I believe you infringe” into “the professional body concludes there are infringing elements” carries entirely different weight;
- Keep a professional, firm but not overly threatening tone; always leave the door open for negotiation (licensing, coexistence agreements);
- Address the decision-maker (director/business owner, legal department); consider writing simultaneously to the e-commerce platform to request store removal under the platform’s mechanism;
- Send before the limitation period expires and before the infringement spreads.
Risks of a Wrong Warning — A Balanced Caution
A warning letter is a double-edged sword. Done wrong, it backfires:
- The title has expired or the mark does not qualify for protection, yet you warn anyway — the recipient rebuts, seeks cancellation of your title, or publicizes the letter, damaging your reputation;
- Misjudging the infringing elements (the sign is not confusingly similar) — the letter loses deterrence; if you sue and lose, you bear the litigation costs;
- Writing to the wrong subject or demanding beyond your rights (demanding a “fine” — only state authorities may fine) — exposing legal ignorance and weakening pressure;
- Citing the wrong provisions or threatening excessively (“we’ll have the police arrest you”) — counterproductive; may be deemed defamation/unfair competition (Competition Law 2018) or trigger a counterclaim for damages from unlawful business obstruction;
- Vietnamese law has no specific rules on abusive warning letters as some countries do — do not invent provisions; warn only on general principles;
- Sending a letter while your own mark’s validity is under dispute — exposing your own weakness.
Golden rule: warn only after verifying (i) the title is valid, (ii) there are grounds for infringement (ideally an expert opinion), and (iii) the correct subject.
The Warning Letter in the Enforcement Ladder
- Warning letter (self-protection — Article 198);
- Administrative handling (market surveillance, police, commune-level People’s Committees, customs — Decree 99/2013 as amended by Decree 186/2026, effective 15 July 2026);
- Civil litigation before the IP Court of the Regional People’s Court;
- Criminal complaint (Article 226 of the Criminal Code) where the elements are met.
A good warning letter can resolve the matter at step 1 without going further.
Notes for Foreign Investors
- The warning letter should be bilingual Vietnamese–Chinese when the recipient is a Chinese enterprise; attach a translation of the trademark registration certificate; consider WeChat/business email alongside postal delivery;
- After the warning letter: (1) the infringer complies — record minutes/commitments and monitor against repetition; (2) no response or refusal — seek administrative handling; (3) file a civil lawsuit with the IP Court of the Regional People’s Court; (4) where criminal elements exist — report to the investigation authority (Article 226 of the Criminal Code).
Frequently Asked Questions
Must I send a warning letter before suing?
No. The law does not require it. A warning letter is a recommended practical step that saves costs and shows good faith.
Is there a state-standard warning letter template?
No. There is no “Form No. … of Circular …” for warning letters — the document is drafted by the rights holder or lawyer for the specific case. This article presents an outline and illustrative sample wording for professional reference; engage a lawyer to draft for your specific matter.
Is the 7–15 day deadline a legal requirement?
No. It is professional practice, not a statutory rule — the letter must state this clearly to avoid misunderstanding.
Is email delivery valid?
Email should only supplement, as it is hard to prove the recipient read it. For evidence, use registered post/express courier with confirmation, or a bailiff’s record of delivery.
What if the recipient does not respond?
Move to the next rung of the enforcement ladder: administrative handling, a civil lawsuit before the IP Court of the Regional People’s Court, or a criminal complaint where the elements are met.
Sources
- IP Law (VBHN 67/VBHN-VPQH), amended by Law 131/2025/QH15 (effective 1 April 2026) — Articles 129.1, 198.1(b)(d), 198b, 201.5, 202–205;
- Decree 99/2013/ND-CP (amended by Decrees 126/2021, 46/2024, 186/2026/ND-CP effective 15 July 2026);
- Criminal Code (amended 2025) — Article 226;
- Competition Law 2018;
- Resolution 81/2025/UBTVQH15 (effective 1 July 2025) — IP Court jurisdiction under Regional People’s Courts.
Disclaimer: The information in this article is for reference only and does not constitute legal advice. The outline and sample wording are for professional reference — engage a lawyer to draft a letter for your specific matter.
Content transparency: This article was drafted with AI assistance, based on the cited legal instruments, and has been editorially reviewed by the FLAT LAW FIRM content team before approval.
If you have discovered infringement of your trademark and need a technically sound warning letter, contact FLAT LAW FIRM.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
