Counterfeit goods carry your brand — but how do you prove “infringement” before a court or an enforcement authority? In practice, the answer is often an intellectual property assessment (giam dinh): an independent expert opinion on the protected subject matter, the scope of protection and signs of infringement. This article answers the two most practical questions: when is an assessment really needed, and who pays, and how much.
1. What an IP assessment is — and its legal value
Under Article 201.1 of the Intellectual Property Law (consolidated document 67/VBHN-VPQH, 23/3/2026), an IP assessment is the use of professional knowledge and expertise by a qualified organisation or individual to evaluate and conclude on IP matters as requested. It covers three areas: copyright and related rights; industrial property rights; and plant variety rights (Article 201.1a).
On legal value (Article 201.5): the assessment conclusion is one source of evidence among others — not the only evidence — and crucially it may not conclude on whether an act of infringement occurred nor on the dispute itself. Deciding “infringement or not” belongs to the court or the handling authority, based on the assessment together with other evidence.
The current legal framework is Article 201 of the consolidated IP Law + Decree 100/2026/ND-CP (31/3/2026, effective 01/4/2026), detailing the organisation and operation of assessments of industrial property and plant variety rights (per item 66, Article 1 of Law 131/2025). Note: Decree 105/2006/ND-CP (the old Articles 39–40) is now only of historical reference value — do not cite it as current law.
2. When an assessment is really needed — not every case requires one
The law does not require an assessment in every case. One is needed when the rights holder, the court or a competent authority requires expert opinion to determine: whether the subject matter is protected; how far the scope of protection extends; whether there are signs of infringement; or the extent of the damage.
Three situations where assessments are routinely needed in practice:
(a) Civil cases over trademark or patent infringement: courts need an expert basis for comparing the suspected sign with the scope of the protection title — especially for patents and industrial designs with complex technical elements.
(b) Complex administrative sanction cases: where market surveillance, police or customs lack the expertise to conclude whether goods violate IP rights.
(c) Suspension of customs clearance: where customs does not yet have sufficient grounds to determine whether a shipment infringes IP rights before ordering a suspension.
3. Who may request an assessment
Under Article 201.5: IP rights holders and related organisations or individuals may request an assessment to protect their lawful rights and interests. Competent state authorities handling infringing acts may request an assessment when resolving a case under their consideration.
4. Who pays: by agreement — there is no state price list
The most-asked question: how much does an assessment cost, and who pays? The law’s answer (Article 201.4(dd)): assessment costs are determined by agreement between the requesting party and the organisation or individual conducting the assessment. The law sets no general price scale — so there is no such thing as a universal “an assessment costs X million VND” figure.
On the payment sequence:
- The requesting party pays upfront under its agreement with the assessment provider.
- In civil proceedings: the requesting party must advance the assessment costs (Article 161, Civil Procedure Code 2015). Upon judgment, the court allocates costs under general principles — normally the losing party bears them.
- In administrative sanctioning: the law does not rigidly assign the cost — in practice it is usually borne by the requesting party.
5. Qualifications of assessors — new points from Law 131/2025
Not everyone may act as an IP assessor. Article 201.3 requires: Vietnamese citizenship with permanent residence in Vietnam; good moral character; a university degree or higher in a relevant speciality plus 5 years of professional experience in assessment, or 15 years participating in dispute resolution or supporting assessment work. Qualified persons are issued an IP Assessor Card; the card is revoked when the conditions are no longer met (Article 201.3a).
A notable new point (Article 201.2a): foreign law-practising organisations in Vietnam may NOT conduct IP assessment services as a business.
Practice principles (Article 201.4): comply with the law and procedures; be honest, accurate, objective, impartial and timely; conclude only on professional matters within the requested scope; and bear legal responsibility for the assessment conclusion.
6. Practical notes
- Do not wait until trial to think about an assessment: the conclusion is an important evidence source — preparing early strengthens the case.
- Do not name specific assessment organisations in general advice without checking the latest list from the competent authority.
- Violations in copyright/related-rights assessment work may be administratively sanctioned under Decree 341/2025/ND-CP (26/12/2025, effective 15/2/2026) — this decree governs copyright and related rights (not industrial property).
FAQ
Q: Must every trademark infringement case have an assessment before suing?
A: No. The law does not require it in every case. An assessment is needed when expert opinion is required on the subject matter, scope of protection, signs of infringement or extent of damage — simple cases with clear evidence may not need one.
Q: How much does an IP assessment cost?
A: There is no state price list. Costs are agreed between the requesting party and the provider (Article 201.4(dd)) — depending on the complexity of the matter.
Q: Is the assessment conclusion a “judgment” on infringement?
A: No. It is only one source of evidence and may not conclude on the infringing act or the dispute (Article 201.5). The final decision belongs to the court or the handling authority.
Legal sources
- Intellectual Property Law — consolidated document 67/VBHN-VPQH (23/3/2026) — Article 201 (paragraphs 1, 1a, 2, 2a, 3, 3a, 4, 5, 6): concept, assessor qualifications, principles, costs by agreement, value of conclusions — new points 2a and 3a from Law 131/2025, effective 01/4/2026
- Decree 100/2026/ND-CP (31/3/2026) guiding the 2025 IP Law — organisation and operation of assessments of industrial property and plant variety rights — effective 01/4/2026
- Decree 341/2025/ND-CP (26/12/2025) — administrative sanctions for copyright and related rights — effective 15/2/2026
- Civil Procedure Code 2015 — Article 161 (advance payment of assessment costs) — effective 01/7/2016
- Full texts: thuvienphapluat.vn (accessed 14/10/2026)
Need advice on evidence and assessment in an IP matter? The FLAT Law Firm team helps rights holders prepare files, request assessments and pursue cases. Contact us at contact us.
The information in this article is for general reference only under the law in force at the time of writing (14 October 2026) and does not constitute legal advice for a specific case.
Transparency note: This article was produced by the AI content production system of FLAT Law Firm and is undergoing internal review (AI Legal Council QA and owner approval before publication). It has not been reviewed by a human lawyer.