Scenario: company “T.” finds a website selling counterfeits of its brand — prices, phone numbers, warehouse address all listed. T. screenshots everything, saves links, prepares to sue. Two months later in court, the defendant claims: “not my website — anyone can fake screenshots.” The court… hesitates. T. loses unjustly, purely because self-collected evidence lacked persuasive weight. Had T. spent a few million VND on a notarized record (vi bang) that day — different story.
What is vi bang? Why does it carry weight?
Vi bang is a record drawn up by a bailiff (Thua phat lai), certifying events and acts personally witnessed. In IP disputes, it records:
- Websites/fanpages selling counterfeits (page content, prices, seller info) — as of the recording moment;
- Infringing products on display at shops/warehouses (with sample purchases);
- Offering/advertising infringing products at fairs/events;
- Infringing domain names and digital content.
Its value: vi bang is high-weight evidence — drawn by a quasi-judicial officer, hard for opponents to dismiss as fabricated like self-taken screenshots. Courts and administrative bodies both accept it.
Golden timing: record BEFORE evidence vanishes
IP-infringement evidence evaporates fast:
- Infringing websites/fanpages get taken down the moment litigation is scented;
- Infringing products get spirited away from warehouses before Market Surveillance arrives;
- Domain names get transferred to others.
The rule: spot infringement → notarize immediately, within the week of discovery, then send warnings/sue. The reverse order (warn first, notarize later) is the classic blunder — warning tips off infringers to clean up.
Procedure and cost
- Contact a local bailiff office, describing the events to record;
- The bailiff personally witnesses (visiting the website, buying samples at the shop, attending the event…) and draws the record — signed, sealed, registered per regulations;
- Cost: a few million VND per record (scope-dependent) — far cheaper than losing a suit for want of evidence;
- Multiple records can cover different times/places, proving systematic, prolonged infringement.
Combined with other evidence
Vi bang is strongest alongside: sample-purchase invoices, assessment conclusions (genuine-vs-fake comparison), transaction records. The “vi bang + samples + assessment” trio is the standard winning-evidence combo in most IP suits.
Frequently asked questions
Are self-taken screenshots usable?
Admissible, but low probative value — opponents easily allege fabrication, and courts struggle to verify timing. Vi bang fixes exactly this weakness.
Does vi bang replace expert assessment?
No — vi bang records events (counterfeits being sold); assessment concludes on substance (whether goods are fake/infringing). They complement each other.
Can vi bang be made in a different province?
Bailiffs must personally witness events — websites can be recorded anywhere (via internet access); shops/warehouses require on-site visits. Contact a convenient bailiff office.
Opponent deletes the website after vi bang — then?
No problem — vi bang “freezes” the event at recording time. Post-record deletion even signals consciousness of guilt.
This article has been quality-reviewed by the FLAW AI Legal Council