Vietnam has promulgated Decree No. 341/2025/ND-CP, replacing the long-standing Decree No. 131/2013/ND-CP regarding administrative sanctions for infringements of copyright and related rights.

Effective from February 15, 2026, Decree No. 341 marks a substantive shift in how copyright enforcement is structured and applied in practice, particularly concerning online and cross-border infringements.

Cross-border online infringement is now explicitly included within the scope of administrative enforcement. Enforcement is also increasingly focused on relevant content and remedial measures rather than purely punitive measures, while online platforms bear clear "notice and takedown" obligations supported by penalties.

However, fine amounts will largely depend on evidence of economic impact, making evidence collection and cooperation with competent authorities crucial.

The following are the details of key developments that copyright holders should understand.

Explicit Coverage of Cross-Border Online Infringement

Decree No. 341 explicitly expands its geographical scope to cover foreign organizations and individuals who commit infringing acts in an online environment that target or affect Vietnamese users or consumers.

This marks a major advancement in cross-border enforcement, confirming that foreign websites, streaming services, and overseas platforms targeting Vietnamese users are no longer beyond the jurisdiction of Vietnamese administrative authorities.

From a policy perspective, this expansion responds to long-standing concerns regarding online piracy in Vietnam, which have been repeatedly mentioned in international reports (such as the Office of the United States Trade Representative's 2025 Special 301 Report).

In practice, this strengthens the jurisdictional basis for administrative enforcement in cross-border cases and enhances the ability of copyright holders to take action against foreign operators targeting the Vietnamese market.

Expansion of Remedial Measures

Decree No. 341 significantly strengthens the remedial tools available to enforcement agencies, expanding the number of corrective measures that can be taken from only 4 to 29 different remedial measures.

Newly introduced measures include:

• Compulsory apologies to copyright holders;

• Mandatory detailed measures applicable to intermediary service providers, including:

• Establishing "takedown" intake tools to receive requests to remove or block access to infringing digital content;

• Temporary or permanent removal, deletion, or blocking of access to infringing digital content; and

• Restoration of digital content in accordance with prescribed procedures, where applicable; and

• Compulsory compensation to copyright holders for illegal profits obtained through infringing acts.

The expanded remedial measures enable competent authorities to tailor enforcement work based on the nature, scale, and impact of the infringement, focusing on preventing ongoing harm and the reappearance of relevant content.

For copyright holders, this development has the potential to improve the speed, precision, and effectiveness of administrative enforcement, particularly in dealing with infringers operating in digital and platform markets.

Fines Based on Economic Impact

Although the statutory ceilings for administrative penalties remain unchanged, Decree No. 341 restructures how fines are determined.

Individual infringing acts can be fined up to 250 million VND (approximately 9,600 USD), while organizations can be fined up to 500 million VND (approximately 19,200 USD).

Decree No. 341 will no longer set a series of fixed fine amounts based on the type of infringement; instead, it stipulates that fine amounts now need to be adjusted based on the economic impact caused, evaluated based on the following:

• Amount of illegal profits;

• Losses suffered by the copyright holder; or

• Value of the infringing goods.

This value-based approach aims to enhance deterrence, ensuring that larger-scale or more impactful infringements are subject to correspondingly higher penalties.

However, it should be noted that fine amounts remain relatively low, suggesting that copyright holders should seek applicable administrative remedies as well as civil or criminal liability to further increase deterrence.

Implementation of Responsibilities and Obligations for Internet Service Providers

Decree No. 341 plays a key role in implementing recent legislative reforms (particularly the amended Intellectual Property Law and Decree No. 17).

Most notably, it introduces a detailed and enforceable liability regime for Internet Service Providers (ISPs), giving practical effect to Vietnam's "notice and takedown" framework.

Under the new decree, ISPs may face administrative fines of up to 150 million VND (approximately 5,800 USD) for acts including, but not limited to:

• Failure to establish a mechanism for receiving takedown requests;

• Failure to comply with statutory time limits for deletion or restoration;

• Failure to notify affected parties after taking deletion action; and/or

• Abuse of the "notice and takedown" procedure (including submitting false or misleading information).

For platforms, Decree No. 341 emphasizes the urgency of reviewing and updating internal "notice and takedown" procedures to ensure full compliance with new regulatory requirements.

For copyright holders, this creates a more predictable and effective administrative pathway to ensure timely deletion and enforcement against online infringement.

Strengthening Penalties for Circumvention of Technological Protection Measures and Rights Management Information

Decree No. 341 further increases administrative penalties for "acts infringing upon technological measures used to protect copyright and related rights," which include:

• Circumventing technological protection measures (TPMs); and

• Removing or altering rights management information (RMI).

Under the new regime, violations include not only the acts of circumventing TPMs and removing or altering RMI themselves but also the production, distribution, advertising, or commercial transaction of devices or services intended to bypass TPMs and RMI.

Organizations engaged in TPM violations may face graduated administrative fines of up to 500 million VND (approximately 19,200 USD). The highest penalty level applies to the intentional reception and distribution of encrypted satellite program signals after unauthorized decoding. This clearly reflects a policy focus on combating satellite signal piracy.

Meanwhile, Decree No. 341 will impose penalties of up to 200 million VND (approximately 7,700 USD) on organizations that infringe upon the application of RMI used to protect copyright and related rights. This includes the intentional distribution or dissemination of copies of works with knowledge that the RMI has been unlawfully removed, altered, or otherwise tampered with.

Together, these provisions are expected to strengthen the protection of digital access controls and copyright metadata, providing copyright holders with clearer administrative tools to combat:

• Piracy;

• Circumvention technologies; and

• Subsequent distribution of tampered content.

Expansion of Enforcement Agency Authority

Decree No. 341 confirms a wide range of authorities with the power to impose penalties, including:

• Inspectors from the Civil Aviation Authority of Vietnam and the Vietnam Maritime and Inland Waterway Administration;

• Heads of state management agencies in relevant industries; and

• Various enforcement agencies, including the police, border guard forces, coast guard, customs, and market management teams.

Recent government institutional reforms have brought several changes, most notably the abolition of district-level local governments and the Inspectorate of the Ministry of Culture, Sports and Tourism as of July 1, 2025.

The distribution of penalty authority has been adjusted accordingly. The penalty authority of the police force at the commune level has been expanded, and leaders of the Ministry of Culture, Sports and Tourism and provincial/municipal Departments of Culture, Sports and Tourism are now authorized to establish specialized inspection teams to adapt to the specific circumstances of each violation.

These adjustments aim to fill the gap in enforcement forces following institutional reforms.

Adjusting Enforcement Strategies

Decree No. 341 represents a structural upgrade of Vietnam's copyright enforcement framework, with clear implications for rights holders operating in digital and cross-border markets.

To fully benefit from this framework, copyright holders should adjust their enforcement strategies by:

• Expanding their networks;

• Establishing connections with copyright enforcement authorities; and

• Investing in evidence preparation, digital monitoring, and coordinated takedown actions across platforms and jurisdictions.