Vietnam Faces Copyright Protection Challenges in the Digital Age

Vietnam has ratified 7 out of 8 international  copyright and related rights  treaties, yet it ranks among the top three countries in the region with the highest piracy rates. Approximately 15.5 million people regularly access illegal websites, with pirated content   consisting mainly of TV programs, movies, music, and books—many of which have been "altered" in various ways.  

Full movies streamed on illegal websites

"Copyright infringements in cyberspace are serious and take many different forms. The Intellectual Property Law specifically defines copyright infringement against authors (Article 28) and ofrelated rights  (Article 35), covering sound recordings, video recordings, and broadcast programs", said Lawyer Le Quang Vinh, Director of Bross & Partners Intellectual Property Law Firm.  

Lawyer Le Quang Vinh, Director of Bross & Partners Intellectual Property Company, shares insights on copyright infringement in Vietnam today.

According to Mr. Vinh, criminal prosecution remains challenging because copyright infringement is often considered only a civil or administrative violation. Article 226 of the Penal Code stipulates that  three key criteria must be met to criminalize   copyright infringement. First, the act must be committed intentionally by the infringing party. Second, the  infringement must involve property rights, such as the exclusive right to reproduce and distribute the work. Third, the consequences of the infringement must reach a commercial scale, with damages exceeding a specified threshold (in some cases, this amount may start at VND100 million VND). Notably, in the digital environment,  it is even more difficult  to identify the infringing party due to the high  degree of anonymity.

As digital transformation progresses, addressing copyright infringement on digital platforms remains problematic despite existing intellectual property laws. Some argue that while the legal system and penalties are sufficient as a deterrent, enforcement remains weak. Others argue that the fines imposed are too low to be effective.  

Mr. Vinh emphasized that  legal flaws  present the biggest obstacle. Specifically, Vietnamese regulations on handling digital copyright infringements, especially cases involving defendants and servers located overseas, lack clear guidelines and practical experience.  

"Enforcement   requires a  high level of expertise,  but the current capacity of the authorities is insufficient. Additionally, the judicial system for handling intellectual property disputes—particularly in copyright cases—has not been optimized in the absence of specialized courts", Mr. Vinh noted.  

In the case of “Tao Quan”, a VTV program, the  infringer not only committed copyright infringement but also inadvertently caused the original creator to face copyright claims. Previously, many YouTube channel owners in Vietnam unexpectedly received copyright infringement notices and were forced to pay the claimants to have the allegedly infringing content removed. These incidents raise concerns about the fairness and effectiveness of copyright claim mechanisms on digital platforms, where content creators sometimes suffer losses while trying to protect their rights.  

Many social media channels unabashedly upload news programs and segments produced by Vietnam Television (VTV) continuously.

Currently, online platforms operate under the Digital Millennium Copyright Act (DMCA) of the United States. This framework allows copyright owners to report infringements on digital platforms and request that content be removed  within 10–14 days if no counterclaim is filed. However, this process is relatively weak, as it does not strictly verify the legal status of claimants, enabling fraudulent actors to falsely claim ownership and exploit the system.  

"To address these gaps, Vietnam has introduced Decree 17 with the '72H10' procedure. Under this framework, suspicious content is temporarily suspended within 72 hours, followed by a 10-day  review and resolution process. This system not only ensures compliance with Vietnamese law but also helps authenticate the legitimacy of claimants", Mr. Vinh explained.  

In recent days, artificial intelligence (AI) has become a hot topic with the rapid emergence of new AI-generated products, raising complex legal questions about copyright. The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is considered one of the most important global   intellectual property treaties. While it provides clear regulations on copyright, patents, and the protection of intellectual property holders, it does not yet address works created by AI. Although Vietnam’s 2022 amendments to the Intellectual Property Law introduced some adjustments, there is still no specific legal framework  for  the ownership of AI-generated works.  

"Under Vietnamese law, an author must be a human creator. Since AI is not a human being, it cannot be considered an author and, therefore,  does not enjoy copyright protection under current regulations. Moreover, AI is trained on vast datasets, including copyrighted material collected without permission, which is  leading to lawsuits. For example, several journalists and media companies in India have sued OpenAI for copyright infringement", Mr. Vinh stated.  

The most crucial factor in digital copyright protection today is speed. Digital platforms and technologies are evolving rapidly, making enforcement efforts increasingly complex. If authorities fail to respond  quickly, the  economic damage could become unmanageable.