On December 10, 2025, the National Assembly, enacted the Law on Intellectual Property, No. 131/2025/QH15 (“Amended IP Law“), amending and supplementing a number of articles of the Law on Intellectual Property No. 50/2005/QH11 (“Law 50“)[1]. It took effect on April 1, 2026.
For the first time, AI matters have been recognized in Vietnam’s IP Law. However, under the Amended IP Law, AI is not yet an intellectual property right (“IPR“). That is, products made and works created totally by AI are not protected unless they reflect human creativity. This article highlights the most pressing AI-related issues under the amended law.
The Amended IP Law is supported by the following legal documents:
- Decree No. 100/2026/ND-CP (“Decree 100“) dated March 31, 2026, amends and supplements a number of articles of Government Decree No. 65/2023/ND-CP dated August 23, 2023[2], and
- Decree No. 134/2026 (“Decree 134“), dated April 6, 2026, supplementing existing Decree 17, 2023/ND-CP, dated April 26, 2023 (“Decree 17“).
Together, the Amended IP Law and Decrees 100 and 134 generally set out (i) circumstances when AI‑related outputs can be protected, (ii) when copyrighted texts/data may be used for AI training, (iii) how industrial‑property rules treat AI‑assisted inventions and designs, and (iv) stronger platform/takedown and enforcement regimes.
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IPRs currently recognized in Vietnam include:
- Copyright of literary, artistic, and scientific works; copyright related rights of performance; audio and visual fixations, broadcasts, and encrypted program-carrying satellite signals;
- Industrial property rights which comprise inventions, industrial designs, layout designs of integrated circuits, trade secrets, trademarks, trade names, and geographical indications;
- Plant varieties and plant reproductive materials.
- A fourth category has now been added. According to Article 1.2 of the Amended IP Law, “the Government will recognize the intellectual property rights for works which have been created using an AI system”
We discuss AI matters as they relate to IPRs:
I. AI as a copyright and copyright related right:
- AI-assisted works may receive protection if they meet specific conditions–the primary requirement is that there be significant human contribution. That is, the work must reflect human intellectual input in directing, prompting, selecting, determining the final outcome, ensuring that the result reflects their ideas rather than automated algorithmic arrangements.
When seeking protection as a copyright or a copyright related right for works which have been created, shaped, or performed using artificial intelligence systems, the creators, shapers, or performers must truthfully declare the use of the artificial intelligence systems that they used to create, shape or perform the works.
In addition, creators, shapers or performers are responsible for the content and legality of the works they create, shape or perform using AI systems.[3]
- AI training data and copyright exceptions: the Amended IP Law now permits the use of lawfully published data (texts, images, etc.) for AI training, provided that such use does not harm the legitimate interests of the original creators. (Article 1.2 of the Amended IP Law).
On the other hand, the law reserves the right to authors and copyright holders to protect their rights, preventing their copyrighted works from being used in AI training.[4]
In this connection, the amended law should clearly specify to what extent human contribution is required in order to protect a work that was created using AI. Authors should document human input and control over the AI processes to support claims of authorship or ownership.
II. In respect of industrial property rights:
Industrial property rights are also affected by the Amended IP Law.
Similar to copyright, AI-generated inventions (patents), industrial designs and layout designs of integrated circuits, which involve AI may be protected when the human contribution satisfies statutory conditions.
Industrial property rights relating to trademarks, trade names, geographic indications and trade secrets, which have been created using AI can be protected provided that they meet certain requirements. [5]
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Remaining issues:
As AI is new to Vietnam, Vietnam’s intellectual property regulations will likely need further development and elaboration. Detailed guidance should be issued to address, at least the following issues.
- criteria required for minimum human contribution thus permitting a work to be copyrighted;
- guidance on inventorship and patentability for AI-assisted inventions emphasizing human inventive contribution.
- specify who is liable–developers, deployers, platforms, users, etc, if an AI-generated work infringes upon others’ IP rights.
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[1] Law 50/2005 has been amended and supplemented several times. The latest amendment was Law No. 07/2022/QH15.
[2] Decree 65/2023/ND-CP provides guidance of the Law on Intellectual Property concerning industrial property, protection of industrial property rights, rights to plant varieties, and State management of intellectual property.
[3] Article 4 of Decree 134, supplement Article 5 of Decree 17.
[4] Article 14 of Decree 134.
[5] Article 5 of Decree 100 provides details when rights arise for industrial property rights created with use of AI and on evidentiary/practical procedures for examination. Where outputs are purely machine-generated without human contribution, protection will not be recognized.
