VIETNAM Law and Practice Contributed by: Minh Duong, Phong Nguyen and Justin Gisz, Asia Counsel Vietnam Law Company Limited
a legal author or inventor. While there is no outright denial of protection, AI-generated works currently face challenges in obtaining IP rights due to the lack of specific provisions and the human-centric focus of the law. From 1 January 2025, Vietnam launched two special - ised IP courts under the amended Law on the Organi - sation of the People’s Courts, marking a major step forward in IP dispute resolution. The Hanoi IP Court will handle first-instance cases from 20 northern prov - inces, while the Ho Chi Minh City IP Court will cover the others. This is expected to improve consistency in rulings, and foster greater confidence among rights holders and investors in the IP regime. Vietnam has also released a draft law amending the IP Law for public consultation with an aim to establish a comprehensive legal framework for the valuation, Vietnam’s data protection landscape has been upgraded with the issuance of the Law on Person - al Data Protection No 91/2025/QH15 (“PDP Law”), which will take effect from 1 January 2026, replac - ing Decree No 13/2023/ND-CP (“Decree 13”) as the nation’s primary and comprehensive legal framework for personal data. The PDP Law reflects the principles of Decree 13 and further introduces enhanced safe - guards for specific categories of personal data and financing, and mortgaging of IP assets. 11.3 Data Protection and Privacy Considerations
contexts requiring special protection. These catego - ries include the following. • Vulnerable data subjects, including children, individuals with limited or lost civil act capacity, and those with impaired cognition or behavioural control. • Business-related activities, including recruitment, employee management and usage; insurance operations; financial, banking, and credit informa - tion services; advertising services; social media and online communication platforms; public audio/ video recording; and emerging technologies such as big data, artificial intelligence, blockchain, virtual environments, and cloud computing. • Sensitive personal data, including location data and biometric data. The PDP Law also outlines the following principles for administrative sanctions applicable to violations of personal data protection by organisation. For viola - tions committed by individuals, the applicable sanc - tions will be half of those imposed on organisations for the same violations: • a maximum fine of 10 times the revenue generated from the illegal trading of personal data; • a maximum fine of 5% of the previous year’s rev - enue for organisations violating cross-border data transfer regulations; and • a maximum fine of VND3 billion (USD113,200) for other violations in the personal data protection sector.
737 CHAMBERS.COM
Powered by FlippingBook