Short answer: When you find goods infringing your IP rights on an e-commerce platform, submit a complaint through the platform public complaint channel, attaching your protection titles and infringement evidence — the platform handles it under its published regulations. Do not confuse the 24-hour deadline: the 24-hour removal obligation applies only when the platform receives a request from a competent state authority; direct requests from brand owners are handled under each platform own regulations, with no hard 24-hour statutory deadline.
1. The new legal framework from 01/7/2026
From 1 July 2026, the e-commerce legal framework has fundamentally changed:
- E-commerce Law 122/2025/QH15 (passed 10/12/2025, effective 01/7/2026; 7 chapters, 41 articles) replaces the old e-commerce framework;
- Decree 248/2026/ND-CP (issued 30/6/2026, effective 01/7/2026) provides detailed implementation, including platform obligations to remove information on goods and services infringing IP rights.
Note: do not rely on old framework documents as current grounds — the framework has been replaced.
2. Platform liability at two legal levels
- IP Law level — Article 198b of Consolidated Document 67: “Legal liability for IP rights of intermediary service providers and digital platform managers” (added by Law 131/2025/QH15, effective 01/4/2026). Digital platform managers must implement measures to protect IP rights in cyberspace; intermediary service providers enjoy conditional liability exemptions (mere transmission, caching, hosting at user request + prompt removal upon knowledge of infringement).
- E-commerce Law level: Law 122/2025/QH15 and Decree 248/2026/ND-CP set the liability framework for platform managers in handling violations, including the obligation to remove information on infringing goods and services within 24 hours of receiving a request from a competent state authority, and to cooperate with right holders in reviewing, temporarily removing or blocking access under the platform published regulations.
3. The practical 4-step procedure for right holders
- Step 1 — Collect and preserve evidence: screenshot the storefront, save URLs, record videos, notarize evidence (vi bang), buy test products for comparison. Weak evidence is the most common reason complaints are rejected.
- Step 2 — Prepare protection titles: trademark registration certificates, copyright registration certificates or equivalent titles. The clearer the title, the faster the platform acts.
- Step 3 — File through the platform public complaint channel: attach protection titles and infringement evidence. The platform processes the complaint under its published regulations — intake procedures differ between platforms, so follow each platform own channel and forms.
- Step 4 — Escalate if the platform does not act: complain to the Vietnam E-commerce and Digital Economy Agency (Ministry of Industry and Trade) or ask competent authorities to issue a removal request. Once a competent state authority request exists, the 24-hour deadline applies strictly to the platform.
4. Distinguish the two deadline scenarios
- Direct request from the right holder: the platform handles it under its published regulations — the law sets no hard 24-hour deadline for this scenario. Actual timing depends on each platform regulations.
- Request from a competent state authority: the platform must remove the content within 24 hours of receiving the request (per the principles in Decree 248/2026/ND-CP).
Confusing these two is a common error: many brand owners believe “the law forces the platform to remove within 24 hours of my request” — that is not correct. To get a hard deadline, go through the state-authority channel.
5. Supporting sanctions against willful sellers
- Administrative sanctions: under Decree 99/2013/ND-CP (amended by Decree 186/2026/ND-CP, effective 15/7/2026) — the sanction framework has been strengthened for online infringements;
- Criminal: under Article 226 of the Penal Code when the conduct meets the quantitative thresholds (counterfeit trademark or geographical indication goods).
FAQs
What if the platform refuses to remove?
Recheck your file: are the protection titles clear, is the evidence strong enough, did you use the platform public channel? If the file is complete and the platform still does not act, escalate to the Vietnam E-commerce and Digital Economy Agency or ask competent authorities to issue a removal request — the 24-hour deadline then applies.
Can I complain without a registration certificate?
Copyright arises without registration, but having a certificate speeds up proof. For trademarks, complaining without a protection title is very weak — register first.
Do I need notarized evidence?
Not mandatory when filing with the platform, but notarized evidence (vi bang) carries high probative value if you later sue or seek administrative sanctions. Do it early — online content can disappear at any time.
Does the 24-hour deadline apply to brand-owner requests?
No. The 24 hours apply only to requests from competent state authorities. Right-holder requests are handled under each platform published regulations.
Legal sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (consolidated up to Law 131/2025/QH15, effective 01/4/2026): Art. 198b (liability of intermediary service providers and digital platform managers); Art. 202, 211.
- E-commerce Law 122/2025/QH15 (passed 10/12/2025, effective 01/7/2026): platform-manager liability framework; handling of violations.
- Decree 248/2026/ND-CP (30/6/2026, effective 01/7/2026): 24-hour removal upon state-authority request; cooperation with right holders.
- Decree 100/2026/ND-CP (31/3/2026, amending Decree 65/2023, effective 01/4/2026): implementation details for industrial property protection online.
- Decree 99/2013/ND-CP (amended by Decree 186/2026/ND-CP, effective 15/7/2026): handling online infringements.
A trademark or copyright owner finding infringing goods on e-commerce platforms, needing to build a takedown file, notarize evidence, or escalate to state authorities? Reach us via the Contact page of FLAT Law Firm.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.