Your video re-uploaded on YouTube, your music used as a TikTok soundtrack without permission — thousands of content creators in Vietnam face this every day. The good news: Vietnamese law gives you a clear escalation ladder, from negotiation, platform complaints, takedown requests under Decree 17/2023, administrative penalties, to civil lawsuits. What you must remember: administrative sanctions for copyright changed comprehensively on 15 February 2026 — any material still citing Decree 131/2013 is outdated.
1. The legal foundation: where your rights begin
- Copyright arises automatically — Article 6 of the Law on Intellectual Property: from the moment a work is created and fixed in a tangible form, regardless of publication or registration. You do not need to register to be protected — but a registration certificate is your strongest evidence when enforcing.
- Protected subject matter — Article 14 of the IP Law: YouTube/TikTok videos, background music, and images in clips all fall within protected work categories (cinematographic, musical, fine-art/applied-art, computer-program works…).
- Infringing acts — Article 28 of the IP Law: unauthorised reproduction, derivative works, distribution, communication to the public…
- Determining “infringing elements” — Articles 5 and 7 of Decree 105/2006/ND-CP (checked 14/10/2026: no amending/replacing text found).
- International treaties: Vietnam joined the Berne Convention (in force in Vietnam 26/10/2004) — national treatment + automatic protection; WIPO member; TRIPS (via WTO since 11/01/2007).
2. The key update: Decree 341/2025 replaces all old sanctions
Decree No. 341/2025/ND-CP (issued 26/12/2025, effective 15/02/2026) governs administrative penalties for copyright and related rights; it wholly replaces Decree 131/2013/ND-CP, Decree 28/2017/ND-CP, Decree 158/2013/ND-CP (culture sector) and Article 3 of Decree 129/2021/ND-CP. Consequences:
- Never cite Decree 131/2013 or 28/2017 for any sanction — repealed since 15/02/2026.
- Maximum fines: individuals VND 250,000,000, organisations VND 500,000,000 (organisations fined at 02× the individual rate for the same act). Additional sanctions: confiscation of exhibits/means; suspension of the copyright assessor’s card for 01–03 months.
- The most important new point for this topic: the penalty scope extends to Vietnamese and foreign organisations and individuals committing administrative copyright violations on telecommunications/Internet networks targeting users or digital content exploited in Vietnam.
- Detailed fine frames per act are set out in the Decree’s articles (e.g., Article 13 on distribution-right infringement; Article 44 on registration violations) — consult the original Decree 341/2025, not the old Decree 131/2013 rates.
3. Intermediary platform liability (YouTube, TikTok)
Article 198b of the IP Law (added by Law 07/2022/QH15; amended by Law 131/2025/QH15, effective 1/4/2026) requires intermediary service providers to deploy technical measures and cooperate with state authorities and right holders; they are exempt if they merely transmit/store and promptly remove content upon learning of infringement. Note: platforms have no duty to self-monitor or proactively hunt for infringing evidence.
4. The 6-step escalation ladder
Step 1 — Direct negotiation/warning with the infringing channel owner. Many cases end here if the other side cooperates.
Step 2 — Complaint via the platform’s internal mechanism (a platform mechanism, not Vietnamese law — say so when advising): YouTube Copyright complaint form / Content ID; TikTok IP protection portal.
Step 3 — Takedown request under Article 114 of Decree 17/2023/ND-CP (amended by Decrees 116/2026/ND-CP and 134/2026/ND-CP). The right holder submits via the platform’s intake tool, with: requester information; evidence of right ownership; a commitment to bear legal liability (including compensation for wrongful claims); evidence of infringement; the content URL + description; a power of attorney (if via a representative). The timeline:
- 72 hours: platform temporarily removes/blocks access + notifies both sides;
- 10 working days: formal removal if no counter-notice with evidence is received;
- If a valid counter-notice arrives → 72-hour restoration + forwarding of the counter-notice (the dispute moves to civil/administrative/litigation channels).
Warning: false claims trigger legal liability and compensation. The “24-hour/48-hour” mechanism in Decree 147/2024 applies to national-security violations — not necessarily to private civil copyright complaints; never promise “the platform must remove within 48 hours of your copyright report”.
Step 4 — Request Vietnamese state authorities to act: the specialised culture inspectorate (Ministry of Culture, Sports and Tourism) and the cultural-industry & copyright authority impose penalties under Decree 341/2025; the state authority for electronic information handles cross-border platforms (Decree 147/2024/ND-CP). Agency names may change after apparatus reorganisations — verify at the time of action.
Step 5 — Administrative penalties under Decree 341/2025 per the frames in Section 2.
Step 6 — Civil lawsuit (Article 202 of the IP Law): cessation of infringement; public apology and correction; damages — statutory damages up to VND 1 billion (a new Law 131/2025 rule; check the article number in the latest consolidated text); orders to remove, hide, or disable access to infringing content, accounts, websites, or apps. Provisional urgent measures under the Civil Procedure Code may be sought.
Criminal prosecution (Article 225 of the Penal Code): only where “commercial scale” or illicit gain/large damage is involved — do not infer quantitative thresholds; consult the current Penal Code.
5. Exceptions: not every re-upload is infringement
Article 25 of the IP Law lists uses requiring no permission and no payment (reasonable quotation, teaching, research…). Parody, remix, and cover versions must be assessed case-by-case under Article 28 combined with the exceptions — never state absolutely that all parodies/remixes/covers infringe.
6. Prepare your file: copyright registration as an evidentiary shield
Although rights arise automatically, a registration certificate is your strongest evidence for takedowns and lawsuits:
- Fees (Circular 211/2016/TT-BTC, still in force): written/press/musical/photographic works VND 100,000; architecture VND 300,000; fine-art/applied-art VND 400,000; cinematographic works VND 500,000; computer programs VND 600,000/certificate.
- A valid dossier → certificate within 15 working days (Decree 17/2023) — a statutory limit; actual processing may differ.
- File with the state copyright authority (currently the Department of Cultural Industry and Copyright, Ministry of Culture, Sports and Tourism — renamed 30/9/2026; verify at filing).
7. Practical points for foreign right holders
- Protected in Vietnam under national treatment (Berne/TRIPS) without registering in Vietnam; but a Vietnamese registration is the strongest evidence.
- Decree 341/2025 extends penalties to foreign actors infringing online targeting Vietnamese users — protection for you, and a compliance note when operating content channels in Vietnam.
- Prepare for cross-border takedowns: registration certificate (if any), the original work, a side-by-side comparison, a power of attorney for your Vietnamese lawyer/representative; preserve notarised evidence before the content is deleted.
- AI note: AI-assisted products attract copyright only where a human made a significant, decisive contribution; purely AI-generated products attract no copyright (new amendments to Decree 17/2023 — read the full text before citing details).
8. FAQ
Q: I reported copyright — must the platform remove within 48 hours?
A: No solid basis. The proper channels are: (1) the platform’s internal complaint mechanism; (2) a takedown request under Article 114 of Decree 17/2023 — 72-hour temporary removal and 10 working days for formal removal.
Q: Which instrument governs administrative sanctions now?
A: Decree No. 341/2025/ND-CP, effective 15/02/2026, wholly replacing Decrees 131/2013, 28/2017, 158/2013 (culture part) and Article 3 of Decree 129/2021. Anything still citing Decree 131/2013 is outdated.
Q: Can I enforce without registering copyright?
A: Yes — rights arise automatically upon creation (Article 6 of the IP Law). But with a registration certificate, your evidentiary position is far stronger.
9. Sources
- Law on Intellectual Property (Articles 6, 14, 25, 28, 198b, 202; current consolidated text); Law No. 07/2022/QH15; Law No. 131/2025/QH15
- Decree No. 341/2025/ND-CP (effective 15/02/2026)
- Decree No. 17/2023/ND-CP (Article 114); Decree No. 116/2026/ND-CP; Decree No. 134/2026/ND-CP; Decree No. 147/2024/ND-CP
- Decree No. 105/2006/ND-CP (Articles 5, 7); Circular No. 211/2016/TT-BTC
- Penal Code (Article 225); Berne Convention; TRIPS Agreement
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.
Facing copyright infringement on YouTube/TikTok and need legal support? Contact FLAT Law Firm via our contact page.
For reference only, not legal advice. Content quality-checked by the AI Legal Council; not yet reviewed by a human lawyer.
