Removing IP-Infringing Listings from E-Commerce Platforms: Complaint Steps

Finding listings on an e-commerce platform selling products that infringe your trademark, industrial design, or copyright is a situation many IP owners face. Vietnam’s e-commerce legal framework has fundamentally changed: Law on E-Commerce 122/2025/QH15 (effective 01/7/2026) has replaced the old regime under Decree 52/2013/ND-CP. This article explains how to complain and request removal of IP-infringing goods from e-commerce platforms under current law.

The new framework: 2025 Law on E-Commerce

Law on E-Commerce 122/2025/QH15 was passed on 10/12/2025 and took effect on 01/7/2026, replacing the framework of Decree 52/2013/ND-CP (and its amending Decree 85/2021/ND-CP). Its implementing regulation is Decree 248/2026/ND-CP (effective 01/7/2026).

Transitional note: websites and apps registered under Decree 52/2013 may continue operating until 30/6/2027 (Article 41 of Law 122/2025). All legal bases in this article follow Law 122/2025 and Decree 248/2026 — Decrees 52/2013 and 85/2021 are not cited as current law (mentioned only as the “old regime” where comparison is needed).

Platform obligations regarding IP-infringing goods

Article 6 of Law 122/2025: prohibits trading, or facilitating the trading, on e-commerce platforms of goods infringing intellectual property rights.
Article 30: platforms must inspect, review, and promptly handle violations upon detection or upon receiving reports; infringing goods information must be removed once the platform receives a request from a competent state authority.
Decree 248/2026: platforms must cooperate with right holders in reviewing and removing infringing products, and must verify sellers’ information.

In short, the platform’s duty to cooperate in reviewing and removing infringing goods is a direct statutory obligation, not merely an internal policy.

Two parallel complaint channels

Channel 1: Complain directly to the platform

Right holders file complaints under each platform’s Operating Regulations and violation-reporting mechanism. A complaint dossier typically includes:

The protection certificate (trademark/industrial design registration) or equivalent proof of rights;
Links to the allegedly infringing listings or storefronts;
Infringement evidence: side-by-side comparisons, product photos, test-purchase receipts where available;
A power of attorney if filing through a representative.

Internal complaint procedures vary by platform — read the relevant platform’s regulations before filing. Note: do not assume a “24-hour” handling deadline as a general standard; that belonged to the old regime and has not been confirmed in the new guidance.

Channel 2: Request competent state authorities

In parallel with — or after an unsuccessful — platform complaint, right holders may seek intervention by competent authorities: the Market Surveillance Authority, the Inspectorate of Science and Technology, or the Police. Once a platform receives a request from a competent state authority, it must remove the infringing goods information (Article 30 of Law 122/2025).

Right holders also enjoy the right of self-protection of their IP rights (Article 198 of the Law on Intellectual Property) and may apply measures against infringing acts under Article 199 (consolidated document 67/VBHN-VPQH of 2026).

Sanctions for platform violations

Article 39 of Law 122/2025 provides sanctions including: removal of infringing content; suspension or termination of violating accounts; blocking platform access; compulsory remediation; damages; and criminal handling where criminal signs exist. These sanctions reach both infringing sellers and — within their responsibility — platforms that fail their inspection and removal duties.

Practical risks and recommendations

Secure protection certificates before complaining: platforms only act when the complainant proves ownership of the rights. Without a certificate, complaints are almost certain to be rejected.
Run both channels in parallel when needed: complain to the platform under its regulations while preparing the dossier for state authorities — do not wait for one channel to stall before starting the other.
Preserve infringement evidence: screenshot listings, save product links, conduct test purchases and keep receipts — the more concrete the evidence, the stronger the takedown request.
Monitor after takedown: infringing sellers may reopen under new names; periodic monitoring and follow-up complaints are needed.
Do not mechanically apply old rules: all procedures and timelines under Decree 52/2013 belong to the old regime — always check against Law 122/2025 and Decree 248/2026.

Frequently asked questions

What if the platform refuses to remove the listings?

Move to channel 2: request intervention by a competent state authority (Market Surveillance, Inspectorate of Science and Technology, or Police). Upon such a request, the platform must remove the listings under Article 30 of Law 122/2025.

Is a protection certificate required to complain?

As a rule, yes — documents proving you own the rights (protection certificate or equivalent) are a prerequisite in both channels.

Does Decree 52/2013 still apply?

Not as current law. Law 122/2025 replaced the Decree 52/2013 regime (and its amending Decree 85/2021). Websites/apps registered under Decree 52 may only continue operating until 30/6/2027 under the transitional provision.

Can listings by overseas sellers be removed?

The platform’s removal duty arises upon detection/report or upon a competent authority’s request, regardless of the seller’s residence. However, pursuing an overseas infringing seller may require additional coordination measures.

Legal references

Law on E-Commerce 122/2025/QH15 (passed 10/12/2025, effective 01/7/2026) — Articles 6, 30, 39, 41.
Decree 248/2026/ND-CP (effective 01/7/2026): guiding implementation of the Law on E-Commerce.
Law on Intellectual Property, consolidated document 67/VBHN-VPQH of 2026 — Article 198 (self-protection), Article 199 (measures against infringement).