7 Mistakes You’re Making with Vietnam’s New Copyright Decree (and How

Dear Clients and Partners,

As we navigate the complexities of 2026, Vietnam’s intellectual property landscape has undergone a seismic shift. The introduction of Decree 134/2026/ND-CP and the enforcement of Decree 341/2025/ND-CP have redefined how businesses create, protect, and monetize digital assets. Whether you are an AI developer, a marketing agency, or a corporate entity, these changes directly impact your bottom line.

At BLaw Vietnam, we have observed that while many businesses are eager to adopt new technologies, they are often inadvertently falling into legal traps set by these new regulations. To ensure your business remains compliant and protected, we have outlined the seven most common mistakes currently being made and, more importantly, how you can fix them.

1. Assuming AI-Generated Content is Automatically Protected

One of the most significant changes introduced by Decree 134/2026/ND-CP relates to the "Human Contribution" requirement. Many businesses are under the impression that because they paid for an AI subscription or prompted a tool, they own the copyright to the output.

The Mistake: Under Article 5a, copyright protection is only granted if a human makes a substantial and decisive intellectual contribution. If you simply enter a basic prompt like "write a blog post about real estate," the resulting text may not be eligible for copyright protection in Vietnam.

The Fix: You must exercise "effective control" over the creative process. To safeguard your assets, keep a detailed "Creative Log." Document the iterative process, the specific creative choices made by your staff, and how the AI was used merely as a supportive tool rather than the sole creator. This evidence is crucial if you ever need to defend your IP in court.

2. Neglecting AI Labeling and Transparency Obligations

Transparency is no longer just a trend; it is a legal mandate in 2026. Vietnam has joined global standards in requiring that AI involvement in content creation be clearly disclosed.

The Mistake: Publishing AI-generated images, videos, or text without clear labeling. Many companies fear that labeling content as "AI-assisted" will reduce its perceived value, so they omit the disclosure entirely.

The Fix: Implement a standard disclosure protocol. Decree 134 requires "technical marking" and clear labeling. This can be as simple as a watermark or metadata tag indicating AI involvement. By being transparent, you not only comply with the law but also build trust with your audience. For more on how transparency affects corporate governance, you can read our recent post on ESG governance and board transparency.

3. Using Copyrighted Data for AI Training Without Authorization

If your business is developing proprietary AI models or fine-tuning existing ones, you likely need vast amounts of data. However, the "wild west" era of data scraping is over.

The Mistake: Assuming that "publicly available" data on the internet is "free to use" for AI training. Article 37a of Decree 134 specifies that copyrighted text and data can only be used for AI training if accessed from legitimate sources and if the use does not conflict with the normal exploitation of the work.

The Fix: Before scraping or purchasing datasets, perform a "Data Audit." Check for Reservation of Rights notices. Many creators now use machine-readable "opt-out" tags. If a creator has reserved their rights, you must obtain a license before using their work for training. Our team can help you navigate these licensing requirements to ensure your model's foundation is legally sound.

4. Failing to Maintain Technical Records (The "Article 37c" Trap)

Compliance is not a one-time event; it is an ongoing administrative requirement. Decree 134 has introduced strict record-keeping duties for AI system operators.

The Mistake: Failing to keep a log of training data, usage statistics, and technical parameters. If the Vietnam Copyright Office (VCO) requests this information and you cannot provide it, you face significant administrative penalties.

The Fix: Establish an internal "IP Compliance Vault." Store all technical records, including the sources of your training data and the logs of AI system outputs. Not only does this fulfill Article 37c, but it also provides a "proven track record" of compliance should your business undergo a legal audit or due diligence during a sale or merger.

5. Underestimating the New "Economic Impact" Fine Structure

Gone are the days when copyright infringement was merely a "cost of doing business" due to low, fixed fines. Decree 341/2025/ND-CP has completely overhauled the penalty system.

The Mistake: Calculating potential legal risks based on old, flat-fee fine structures. Many managers assume a minor infringement will only result in a small fine.

The Fix: Understand that fines are now calibrated based on the economic impact of the infringement and the infringer’s revenue. This means the more successful your business is, the higher the fine could be. To avoid these escalated costs, we recommend a proactive legal review of all your marketing materials and digital assets.

6. Ignoring the Expanded 29 Remedial Measures

The new decrees don't just fine you; they can stop your business operations entirely.

The Mistake: Thinking that you can just "pay a fine and move on." Decree 341 introduced 29 distinct remedial measures, including the forced destruction of infringing digital goods and the suspension of domain names or social media accounts.

The Fix: Take down infringing content immediately upon discovery. In the digital age, cross-border enforcement is more efficient than ever. If you are a foreign investor or an FDI business, the stakes are even higher. You can learn more about securing your business in Vietnam through our guide on starting an FDI business.

7. Circumventing Technological Protection Measures (TPMs)

As creators become more tech-savvy, they are using digital locks (TPMs) and Rights Management Information (RMI) to protect their work.

The Mistake: Using tools to bypass watermarks, digital rights management (DRM), or paywalls to access content for corporate use. Under the new decree, the act of circumvention itself is a punishable offense, regardless of whether you actually use the content.

The Fix: Always respect the "Digital Lock." If your team needs access to specific data or software, ensure they follow the official subscription or licensing channels. It is far more cost-effective to pay for a legitimate license than to face the legal repercussions of circumvention.

How BLaw Vietnam Can Help You Optimize Your IP Strategy

The 2026 legal environment in Vietnam is designed to foster innovation, but it demands a higher level of professional diligence. By avoiding these seven mistakes, you can protect your creative investments and avoid unnecessary legal friction.

At BLaw Vietnam, we are thrilled to help our clients navigate these innovative laws. Whether you need an IP audit, assistance with copyright registration, or advice on AI compliance, our highly qualified team is ready to streamline the process for you.

Our services include:

Comprehensive IP Audits for AI-driven businesses.
Drafting and reviewing licensing agreements tailored to the 2026 decrees.
Representation in copyright disputes and administrative proceedings.
Consultation on tax implications of IP royalties.

Through the above article, we hope you have gained a clearer understanding of the current copyright landscape. Don't wait for a notice from the authorities to start thinking about compliance.

Ready to secure your business's future?
We invite you to reach out for a consultation to see how we can enhance your legal strategy.

Sincerely,

The BLaw Vietnam Team
Your Partner in Legal Excellence