As Vietnam’s intellectual property legal framework continues to be refined to meet the demands of the digital economy and international integration, the promulgation of Decree No. 100/2026/ND-CP marks an important step in further implementing the amended Law on Intellectual Property.
This Decree does not merely revise procedural matters, but also reflects a new policy direction in the management, exploitation, and protection of intellectual property rights, particularly in the context of digital transformation and emerging technologies.
1. Improvement of the framework for management and exploitation of intellectual property rights
One of the notable new points of the Decree is the supplementation of provisions on the management and exploitation of intellectual property rights.
Accordingly, organizations and individuals may:
- establish an inventory of intellectual property rights;
- determine the value of IP rights for the purposes of:
- recording such value in accounting books;
- production and business activities;
- commercial transactions and other lawful purposes.
This reflects a clear policy trend toward the assetization of intellectual property rights, thereby providing a legal basis for enterprises to better exploit the economic value of intangible assets.
2. Development of intellectual property databases
The Decree also adds provisions on the establishment and operation of:
- an industrial property database; and
- a database on transaction prices of intellectual property rights.
These databases include information relating to:
- applications and titles of protection;
- established industrial property rights;
- transactions such as assignment, licensing, and capital contribution;
- transaction values and dates.
The development of a unified database system on a nationwide basis is expected to:
- enhance transparency;
- support search and administration;
- facilitate the commercial exploitation of IP rights.
This is an important step in the digitalization of the intellectual property system in Vietnam.
3. New provisions on intellectual property objects created with the use of artificial intelligence (AI)
For the first time, the Decree directly addresses the issue of establishing rights to industrial property objects created with the use of artificial intelligence systems.
Under the new provisions:
- rights do not belong to the AI system itself;
- rights belong to the organizations or individuals who:
- invest financial resources and material facilities; and
- organize the creation of the relevant IP object;
- an important condition is that there must be human contribution.
This provision not only addresses a newly arising legal issue, but also demonstrates Vietnam’s proactive approach in regulating intellectual property relationships in the technological era.
4. Introduction of accelerated substantive examination
The Decree introduces provisions on accelerated substantive examination for:
- patent applications; and
- trademark applications.
This mechanism applies in certain cases where prescribed conditions are satisfied and upon request by the applicant.
The introduction of this mechanism may:
- shorten the examination timeline; and
- enable enterprises to exploit their IP assets earlier.
This represents a significant improvement aimed at enhancing the efficiency of the industrial property registration system.
5. Strengthening the use of data and automation in IP rights protection
The Decree further supplements provisions on:
- a database on intellectual property rights protection; and
- the automation of processes for monitoring, detecting, and handling infringing acts.
These provisions aim to:
- improve the effectiveness of State administration;
- support competent authorities in detecting infringements; and
- better align with the digital business environment and e-commerce activities.
This is an important shift from traditional administration to data-driven and technology-based management.
6. Security control over inventions before filing abroad
The Decree amends the regulations concerning the filing of patent applications abroad.
Accordingly, inventions falling within the list of State secrets or involving national defense and security elements must obtain approval from the competent authority before a foreign filing may be made.
This requirement aims to:
- safeguard national interests; and
- prevent the transfer of sensitive technologies abroad.
At the same time, it imposes stricter compliance requirements on enterprises operating in technology-related sectors.
7. Improvement of the management mechanism for geographical indications
The Decree also supplements provisions on:
- an information system for geographical indication management; and
- the mechanism for the management, exploitation, and use of geographical indications.
These amendments are expected to:
- improve management efficiency;
- strengthen the protection and development of local intellectual assets; and
- enhance the commercial value of regional specialty products.
8. Important changes in Appendix I – Update of official forms
In addition to policy-related amendments, Decree No. 100/2026/ND-CP also updates the system of official forms used in industrial property procedures in Appendix I.
Specifically, the Decree:
- amends and supplements declaration forms relating to:
- registration for the establishment of industrial property rights;
- recordal of assignments and licensing agreements;
- other relevant administrative procedures;
- standardizes forms in order to:
- align them with the amended Intellectual Property Law; and
- ensure consistency with the data system and digital transformation process;
- introduces certain new forms to support:
- accelerated examination procedures; and
- the management and exploitation of intellectual property rights.
Although these changes are technical in nature, they may have a direct impact in practice.
The use of outdated forms may result in:
- formal invalidity of the application;
- requests for amendment or supplementation; and
- delays in processing time.
Accordingly, enterprises should proactively:
- update and use the new forms;
- carefully review filing documents before submission; and
- adjust their internal procedures where necessary.
This update clearly reflects the direction toward the standardization, digitalization, and synchronization of administrative procedures in the field of intellectual property.
9. Conclusion
It can be seen that Decree No. 100/2026/ND-CP introduces a number of important changes, reflecting three major trends:
- the assetization of intellectual property rights;
- the digitalization and data-based administration of the IP system; and
- stronger control and protection of rights in the context of new technologies.
For enterprises, these changes are not only compliance obligations, but also an opportunity to:
- restructure their IP asset portfolio;
- enhance corporate value; and
- optimize the exploitation and protection of their right
TRAN & TRAN – Accompanying enterprises in the protection and commercialization of intellectual assets
As an industrial property representative, TRAN & TRAN Intellectual Property Law Firm is committed to accompanying enterprises in the establishment, protection, and optimization of intellectual property value, thereby helping transform knowledge into assets and innovation into sustainable value.
TRAN & TRAN INTELLECTUAL PROPERTY LAW FIRM
Room 802, Talico Building, No. 22 Ho Giam Street, Van Mieu – Quoc Tu Giam Ward, Hanoi, Vietnam
+84-24-37327466
0917 913 266 (Mr. Phuong)
[email protected]
www.trantranlaw.com
