Dear Clients and Partners,
As we navigate the midpoint of 2026, the digital landscape in Vietnam is undergoing a tectonic shift. For years, businesses operated in a "gray zone" regarding Artificial Intelligence (AI) and Intellectual Property (IP). However, with the full implementation of the 2025 amendments to the Law on Intellectual Property and the recently enacted AI Law (effective March 1, 2026), the rules of the game have fundamentally changed.
Whether your business uses generative AI to draft marketing copy, employs machine learning to analyze consumer data, or develops proprietary AI models, these legislative updates impact your legal liability and your competitive advantage. At BLaw Vietnam, we believe that understanding these nuances is not just about compliance; it is about learning how to optimize and protect your digital assets in a rapidly evolving market.
In this comprehensive guide, we will explore how Vietnam’s new legal framework governs AI content and what steps your board must take to stay ahead of the curve.
1. The 2025 Breakthrough: AI Training and Data Mining
The most significant change arrived with the amendment to Article 7, Clause 5 of the IP Law. For the first time, Vietnam has provided a legal "green light" for the use of protected works in AI training, under specific conditions.
Under this provision, organizations and individuals are permitted to use texts and data relating to IP objects that are lawfully published and publicly accessible. This usage is allowed for AI training, scientific research, and experimentation without requiring prior consent from the original rights holders.
Why This Matters for Your Business
Previously, the risk of copyright infringement loomed over every developer scraping web data to train a Large Language Model (LLM). This new provision aims to streamline innovation, allowing Vietnamese tech firms to compete globally by reducing the administrative burden of seeking thousands of individual permissions.
However, this freedom is not absolute. The law explicitly states that such use must not "unreasonably affect the legitimate rights and interests of authors and IP rights holders." This is a crucial distinction that requires a high level of transparency in how datasets are curated.
2. The "Human-Centered" Approach to Authorship
A question we frequently receive at BLaw Vietnam is: "Can my company own the copyright to content generated entirely by an AI?"
The short answer in 2026 remains no. Vietnam has maintained a strictly human-centered approach to intellectual property. According to the current legal interpretation, only a human being, a natural person who directly creates a work through their own intellectual labor, can be recognized as an "author."
AI as a Tool, Not a Creator
The new law does, however, grant full protection to works where humans use AI as a creative tool. If your team uses AI to generate a baseline image but then performs significant manual editing, prompt engineering, and creative refinement, the resulting work may be eligible for copyright protection.
The challenge lies in proving the "intellectual labor" involved. For businesses looking to secure their brand identity, understanding the boundary between "AI-generated" and "AI-assisted" is vital. We recommend reviewing our previous analysis on Does copyright registration really matter in 2026? to see how these definitions impact your registration strategy.
3. The 2026 AI Law: Disclosure and Accountability
While the IP Law governs the ownership of content, the new AI Law (effective March 1, 2026) governs the behavior of the systems themselves. This law introduces a risk-based regulatory framework that every corporate entity must understand.
Mandatory Labeling and Transparency
If your business utilizes AI to interact with customers or generate public-facing content, you are now subject to strict disclosure requirements:
- Content Labeling: AI-generated content, particularly deepfakes or highly realistic synthetic media, must be clearly labeled. This is designed to prevent misinformation and ensure consumers know when they are interacting with non-human entities.
- Bot Interaction: If a customer is chatting with an AI bot for support, you must disclose this fact at the beginning of the interaction.
Failure to adhere to these transparency rules doesn't just risk a fine; it risks a total loss of consumer trust and potential litigation under consumer protection statutes.
4. The "Open yet Closed" Catch: Pending Regulations
Despite the progress made in the 2025 IP Law amendments, there remains a degree of uncertainty. The implementation of Clause 5, Article 7, specifically regarding copyright and related rights, is still awaiting detailed Government Decrees to define what constitutes "unreasonable affect" on a rights holder.
This means the framework is currently "open" in principle but "closed" in practice. Until these specific decrees are finalized, businesses should exercise caution when mining proprietary datasets. We advise our clients to maintain rigorous documentation of their data sources and to implement "opt-out" mechanisms for rights holders wherever possible, mirroring international best practices such as the EU AI Act.
Through the above, it is clear that the legal environment is moving toward a more structured and high-accountability model. To ensure your board is prepared for these shifts, consider aligning your internal policies with the 2026 Corporate Governance Code.
5. Strategic Steps for Businesses in 2026
To enhance your IP protection and mitigate risks associated with AI content, BLaw Vietnam recommends the following instructional steps:
- Conduct an IP Audit: Review all AI-generated assets currently used in your marketing and product development. Determine which are "AI-assisted" (protectable) and which are "pure AI-generated" (unprotectable).
- Update Employment Contracts: Ensure that contracts with employees and freelancers explicitly state that any human creative input into AI-assisted works belongs to the company.
- Implement AI Disclosure Protocols: Update your website and app interfaces to include the mandatory 2026 disclosures for AI interactions and generated media.
- Monitor Data Sourcing: If you are developing proprietary models, ensure your data mining processes comply with the "lawful publication" and "publicly accessible" requirements of the 2025 IP Law.
6. Navigating the Intersection of Law and Innovation
Vietnam’s approach to AI and IP is innovative and ambitious. By allowing data mining for AI training, the government is signaling a desire to become a regional hub for high-tech development. However, the heavy emphasis on human authorship and mandatory transparency means that businesses cannot simply automate their creative processes and expect the law to protect them.
The transition to this new era requires a partner who understands the technicalities of the law and the practicalities of business. In addition to IP concerns, many of our clients are also looking at how these changes affect their broader corporate structure and transparency. If you are concerned about how these new rules impact your overall compliance, we invite you to read our guide on Vietnam’s new disclosure rules.
Conclusion
The new IP and AI laws in Vietnam are designed to foster a balanced ecosystem where innovation can thrive without trampling on the rights of creators. For your business, this is an opportunity to innovate responsibly. By adopting these new standards early, you not only avoid the pitfalls of non-compliance but also position your brand as a leader in ethical AI use.
At BLaw Vietnam, we are thrilled to help our clients navigate these complex waters. Our team of highly qualified legal experts is ready to assist you in auditing your IP portfolio or drafting internal AI usage policies that meet the 2026 standards.
Is your business ready for the new era of AI content?
If you have questions about how these laws specifically apply to your industry or need support with copyright registration in this new landscape, please reach out to us. We are committed to providing the legal clarity you need to succeed.
For more insights into Vietnam's evolving legal landscape, visit our Legal Blog or contact us directly for a consultation.
