A competitor launches a website/app with an interface “suspiciously similar” to yours: the same layout, the same colour scheme, near-identical icons. The question: is this copyright infringement? Vietnamese law does not answer with a simple “yes” or “no” — the answer is “it may infringe, depending on the extent of copying”, assessed through three distinct layers of protection. And since 1 April 2026, the law has added a brand-new layer for digital interfaces.
One caveat up front: Vietnamese law has no standalone provision titled “protection of website/app interfaces”. Every analysis must run through the general regimes below.
1. Three layers of interface protection
Layer 1 — Source code. Website HTML/CSS/JS and app source code are protected as computer programs. Copying code (even copy-paste with minor edits) is the clearest infringement and the easiest to prove.
Layer 2 — Individual graphic elements. Logos, icons, illustrations, banners, and custom-designed fonts are protected as fine-art / applied-art works or photographic works. Verbatim copying of these elements = infringement.
Layer 3 — Overall layout (“look and feel”). This is the greyest zone: layouts, colour schemes, and arrangements at the level of general ideas or industry conventions (e.g., a top navigation bar, an orange “buy now” button) usually lack sufficient originality for protection. Only interfaces with distinctive creativity and a clear personal imprint may qualify as applied-art works. For this layer, always say “may” — never claim absolutely that every interface copy infringes.
2. New since 1 April 2026: GUI/icons recognised as industrial designs for the first time
Article 1(1) of Law No. 131/2025/QH15 amends Article 4(13) of the IP Law: an industrial design is the outward appearance of all or part of a product in physical or non-physical form, expressed through shape, lines, colours or combinations thereof, and visible during exploitation of the product’s utility.
Consequence: since 1 April 2026, Vietnamese law has for the first time recognised GUIs/icons as industrial-design subject matter (non-physical products); the Government provides details in Decree 100/2026/ND-CP. Website/app owners gain a new proactive layer: register the GUI as an industrial design with the IP Office of Vietnam. Copying a registered GUI → infringement of industrial property rights, handled under the IP Law and guiding instruments.
3. Applicable legal framework (validity as of 14 October 2026)
- Copyright arises automatically — Article 6 of the IP Law: from creation, no registration needed.
- Idea/expression boundary — Article 8 of Decree 17/2023/ND-CP: ideas, processes, operating methods, concepts, principles, and pure data do not fall within copyright protection. “Inspired by” ≠ “copying the expression”.
- Infringing acts — Article 28 of the IP Law; “infringing elements” under Articles 5 and 7 of Decree 105/2006/ND-CP: unlawfully created copies; unlawfully created derivative works; unlawfully excerpted/copied/assembled portions.
- Commissioned works — the IP Law’s rules on rights in works created under employment/commissioning contracts: rights vest as the contract provides (check the article number in the latest consolidated text after Law 131/2025). Note: US-style “work for hire” does not automatically apply in Vietnam — it must be written into the contract.
- Law No. 131/2025/QH15 (effective 1/4/2026): recognises industrial designs for non-physical products (GUI/icons); shortens design-application timelines (substantive examination 07 → 05 months; publication 02 → 01 month).
4. Sanctions for infringement
- Copyright infringement: penalties under Decree No. 341/2025/ND-CP (effective 15/02/2026, replacing Decrees 131/2013 + 28/2017) — up to VND 250 million (individuals), VND 500 million (organisations); scope extended to foreign actors infringing online. Never cite Decree 131/2013.
- Industrial-property infringement (registered designs, registered marks/logos on the interface): penalties under Decree 99/2013/ND-CP and its amending instruments (check the latest text at the time of application, including domain-name-related remedies).
- Civil: lawsuits seeking cessation, damages (statutory damages up to VND 1 billion under Law 131/2025), and orders to remove/disable access.
5. Proactive protection — procedures and costs
Registering the GUI as an industrial design: file with the IP Office of Vietnam → formality examination → publication (01 month) → substantive examination (05 months) under Law 131/2025. Industrial-property filing fee VND 75,000/application until 31/12/2026; from 01/01/2027: VND 150,000 (Decision 2113/QD-BKHCN); design substantive-examination fees follow the schedule to Circular 263/2016 (as amended) — check the exact figures at filing.
Copyright registration (not mandatory, but strong evidence): a valid dossier → certificate within 15 working days (Decree 17/2023). Fees (Circular 211/2016/TT-BTC): computer programs VND 600,000/certificate; applied art VND 400,000/certificate.
Takedown via intermediaries: Article 114 of Decree 17/2023 — 72-hour temporary removal; 10 working days for formal removal absent a counter-notice.
IP assessment (giám định): an assessment conclusion from a competent body is key evidence in litigation — needed to compare the extent of copying.
6. Exceptions and notes
- Copying for technical compatibility, research, or using common functional elements (standard buttons, forms) — assessed under the idea/expression boundary (Article 8 of Decree 17/2023).
- Vietnamese case law on interface copying is very thin → do not fabricate case citations; foreign examples must be labelled as references, not Vietnamese law.
- AI note: a fully AI-generated interface may not be protectable — AI-assisted products attract copyright only where a human made a significant, decisive contribution (new amendments to Decree 17/2023; do not cite article/paragraph details without reading the full text).
7. Practical points for foreign investors
- Bringing an app/website to Vietnam: register the GUI as an industrial design in Vietnam (first-to-file — Article 90 of the IP Law) + register the trademark for the app logo/name; copyright is automatic under the Berne Convention (Vietnam joined 26/10/2004).
- Outsourcing design to Vietnamese developers: state clearly the assignment of copyright + the right to register the industrial design, to avoid later ownership disputes.
- Due diligence when acquiring a Vietnamese website/app: registration certificates, contracts with designers/developers, licences for third-party fonts/libraries.
8. FAQ
Q: A competitor’s interface is “70% similar” to my website — can I sue?
A: It depends which layer was copied. Copied code or individual graphics: clear infringement. Mere similarity in general layout or industry-standard colour schemes: difficult — you must prove originality and personal imprint. Get an IP assessment before suing.
Q: Can I register an app GUI as an industrial design?
A: Yes — since 1 April 2026, Law 131/2025 recognises GUIs/icons as industrial-design subject matter (non-physical products). It is the newest proactive layer for digital interfaces.
Q: I hired a freelancer for the design — who owns the rights?
A: Under the IP Law, works created under a commissioning contract vest as the contract provides. No clear assignment clause = dispute. Always write “full assignment of copyright + the right to register the industrial design” into the contract.
9. Sources
- Law on Intellectual Property (Articles 6, 28, 90; current consolidated text); Law No. 131/2025/QH15 (Article 1(1) amending Article 4(13))
- Decree No. 17/2023/ND-CP (Articles 8, 114); Decree No. 100/2026/ND-CP; Decree No. 105/2006/ND-CP (Articles 5, 7)
- Decree No. 341/2025/ND-CP (effective 15/02/2026); Decree No. 99/2013/ND-CP and amending instruments
- Circular No. 211/2016/TT-BTC; Circular No. 263/2016/TT-BTC; Decision No. 2113/QD-BKHCN; Berne Convention
The information in this article is for reference only and is not legal advice. Laws may change; please check the original texts or consult a lawyer before applying.
This article was prepared by the FLAT Law Firm editorial team with the assistance of artificial intelligence (AI); legal statements were checked against original legal texts as of 14 October 2026.
Suspect your website/app interface has been copied? Contact FLAT Law Firm via our contact page for a legal assessment.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.