Short answer: Do not complain to VNNIC to “claim back” the domain — VNNIC is not a dispute adjudicator; it only handles administrative complaints about registration procedures and keeps the domain unchanged during disputes. The right path is proving the three elements under Article 52 of the Telecommunications Law 2023, then choosing one of four paths: negotiation/mediation, commercial arbitration, court, or administrative action — with the court + administrative combo usually the most effective in practice.
1. .vn domains vs trademarks: the infringement basis
Article 129.2(d) of the Intellectual Property Law (Consolidated Document 67/VBHN-VPQH) is explicit: using a sign identical or confusingly similar to a protected trademark on an Internet domain name constitutes trademark infringement. In other words, someone registering and using a .vn domain identical or confusingly similar to your trademark is not a “first to register wins” matter — it is an IP infringement, with the full toolkit of IP enforcement available.
The “first registered, first granted” principle governs only the domain allocation procedure; it does not decide disputes. What matters is prior trademark rights + likelihood of confusion + bad faith of the domain registrant.
2. Three elements to prove (Telecommunications Law 2023, Art. 52)
Article 52 of the Telecommunications Law 24/2023/QH15 (effective 01/7/2024) sets three grounds for resolving .vn domain disputes. The complainant must prove all three:
- (a) the domain is identical or confusingly similar to a name, trademark, geographical indication or trade name in which the complainant holds lawful rights and interests;
- (b) the rights and lawful interests of the parties relating to the domain;
- (c) the respondent uses the domain in bad faith, exploiting the complainant reputation for illicit profit — for example, offering the domain for sale at an inflated price, diverting the trademark owner customers, or blocking a competitor.
In practice, element (c) — bad faith — is often decisive: a respondent registering a domain matching a trademark without using it, merely “parking” it for resale, is a classic bad-faith scenario.
3. Four paths and practical trade-offs
- (a) Negotiation, mediation: fast, cheap, preserves relationships — worth trying first, especially when the respondent may not realize the infringement.
- (b) Commercial arbitration: theoretically fast and confidential, but in practice nearly impossible without a pre-existing arbitration agreement — trademark owners and domain holders rarely have one.
- (c) Court: civil action seeking termination of infringement and damages (Articles 202 and 205 of Consolidated Document 67). A court judgment is the basis for revoking or transferring the domain — the strongest tool for legally recovering the domain.
- (d) Administrative: administrative sanctions under Decree 99/2013/ND-CP (amended by Decree 186/2026/ND-CP, effective 15/7/2026), with new remedies: compulsory domain return; compulsory change of enterprise or business-household name; blocking access to the infringing domain (clause 3a of Article 31 of Decree 99/2013: telecom enterprises block within 5 days, report within 10 days; restore within 3 days when grounds exist).
Trade-off: arbitration is fast but unavailable without an agreement; courts give enforceable judgments on the domain but take time; administrative action is fast with immediate blocking, but awards no damages. The court + administrative combo is common: administrative action blocks immediately, court resolves domain rights definitively.
4. During the dispute: the domain stays unchanged
Circular 48/2025/TT-BKHCN on Internet resource management (effective 10/2/2026) provides:
- Article 17: while a dispute is pending, the domain keeps its current status — no change of holder, no change of registrar, no transfer, no return. This prevents the respondent from “disposing of” the domain mid-dispute.
- Article 11.1: enforcement of decisions, judgments and enforcement decisions ordering the return of .vn domains is one of the domain-return cases.
- A winning complainant gets priority to register the domain within 45 days.
5. Practical notes
- Do not complain to VNNIC to recover a domain: VNNIC has no jurisdiction to adjudicate domain disputes — a misdirected complaint only wastes time.
- Collect bad-faith evidence early: screenshots of the website at the disputed domain, emails offering the domain for sale, proof of customer confusion.
- The current legal basis is the Telecommunications Law 2023 + Circular 48/2025/TT-BKHCN; do not rely on old domain-management circulars as the primary basis.
- The plan for a specialized IP court remains at the policy-direction stage — it is not confirmed to be operating.
FAQs
The domain was registered before the trademark — who wins?
Domain registration order does not decide the outcome. What matters is prior trademark rights, likelihood of confusion and the registrant bad faith (Telecommunications Law 2023, Art. 52).
Can I complain to VNNIC to get the domain back?
No. VNNIC does not adjudicate domain disputes. During a dispute, VNNIC only keeps the domain status unchanged under Article 17 of Circular 48/2025/TT-BKHCN.
Can a court judgment force domain transfer?
Yes. A judgment is the basis for revoking or transferring the domain; enforcing a judgment ordering the return of a .vn domain is a return case under Article 11.1 of Circular 48/2025/TT-BKHCN.
How does domain-access blocking work?
Under clause 3a of Article 31 of Decree 99/2013 (added by Decree 186/2026): telecom enterprises block within 5 days, report within 10 days; restore within 3 days when grounds exist.
Legal sources
- Intellectual Property Law — Consolidated Document 67/VBHN-VPQH (consolidated up to Law 131/2025/QH15, effective 01/4/2026): Art. 129.2(d) (domain use as trademark infringement); Art. 202, 205 (civil remedies).
- Telecommunications Law 24/2023/QH15 (effective 01/7/2024): Art. 52 (three grounds for .vn domain dispute resolution).
- Decree 99/2013/ND-CP (amended by Decree 186/2026/ND-CP, effective 15/7/2026): remedies — domain return, access blocking (Art. 31, clause 3a), enterprise/business-household name change.
- Circular 48/2025/TT-BKHCN (effective 10/2/2026): Art. 11.1 (return of .vn domains); Art. 17 (status quo; 45-day registration priority).
A business finding a .vn domain identical or confusingly similar to its trademark, needing to assess dispute grounds, prepare court filings or request administrative remedies? 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.
