Vietnam Trademark Law: 8 Essential Matters for Foreign Companies to Secure Their Brand in Vietnam Booming Market

  

Vietnam Trademark Law: Essential Guide for Foreign Companies to Secure Their Brand in a Booming Market

Vietnam’s rapid economic growth, strategic location, and strong trade agreements make it an attractive destination for foreign companies looking to invest, expand, or conduct business. Whether you are setting up a new venture, engaging in commercial transactions, or launching a brand in Vietnam, one of the most crucial steps is to protect your intellectual property assets—especially trademarks.

Vietnam trademark law plays a vital role in ensuring that your brand identity remains exclusive, preventing counterfeiting, and securing your market position. However, navigating Vietnam trademark law can be complex due to local legal nuances, bureaucratic processes, and enforcement challenges.

Vietnam Trademark Law: 8 Essential Guide for Foreign Companies

This guide provides a detailed breakdown of Vietnam trademark law, covering registration, enforcement, licensing, and potential legal risks for foreign companies operating in Vietnam.

Why Trademarks Matter for Foreign Companies in Vietnam

A trademark is a unique sign, word, symbol, or combination that distinguishes goods or services. Trademarks are critical for foreign businesses entering Vietnam because they:
• Establish brand identity and consumer trust.
• Prevent unauthorized use and counterfeiting.
• Provide legal protection in disputes.
• Increase business valuation and investment attractiveness.

Vietnam has a first-to-file trademark system, meaning whoever registers the trademark first gets the rights, regardless of prior use. This makes early registration essential for foreign companies expanding to Vietnam.

Understanding Vietnam Trademark Law: Key Principles

What is a Trademark in Vietnam?

Under Vietnam trademark law, a trademark can include:
-Words, phrases, slogans
-Logos, images, symbols
-Three-dimensional (3D) marks
-Sound marks (newly recognized under the 2022 IP Law amendments)

However, trademarks cannot be generic, deceptive, or similar to existing registered trademarks.

Who Can Register a Trademark?

-Foreign companies must file through a Vietnamese trademark agent or law firm.
-Local entities can file directly with the Intellectual Property Office of Vietnam (IP Vietnam).
-International businesses can register via the Madrid System (for global trademark protection).

Trademark Registration Process in Vietnam

Step 1: Filing the Trademark Application

Applications are submitted to IP Vietnam and must include:
-Applicant details.
-Trademark sample.
-List of goods/services under Nice Classification.
-Power of attorney (for foreign applicants).

Step 2: Formal Examination (1-2 months)

IP Vietnam checks for compliance with procedural requirements.

Step 3: Substantive Examination (6-12 months)

The office examines:
-Distinctiveness of the mark.
-Similarity to existing trademarks.
-Legal compliance.

Step 4: Publication for Opposition (2 months)

Once approved, the trademark is published for potential oppositions by third parties.

Step 5: Issuance of Trademark Certificate (10-year validity, renewable indefinitely)

If no objections arise, the trademark is registered for 10 years and can be renewed.

Trademark Protection & Enforcement in Vietnam

Vietnam has strict trademark protection laws, but enforcement can be challenging.

Trademark Infringement & Legal Remedies

• Common trademark violations include:

Counterfeiting and imitation of well-known brands.
-Unauthorized use of trademarks on goods/services.
-Domain name cybersquatting.

• Legal enforcement options:

-Administrative penalties: Fines, confiscation of infringing goods.
-Civil lawsuits: Injunctions, damages, court orders.
-Criminal penalties (for large-scale counterfeiting).

Trademark Opposition & Cancellation

-Opposition: Third parties can challenge a trademark within 2 months of publication.
-Cancellation: A registered trademark can be canceled if not used for 5 consecutive years.

Protecting Well-Known Trademarks in Vietnam

Vietnam recognizes well-known trademarks under IP Law, even without formal registration. However, proving well-known status requires:
-Market surveys and consumer recognition data.
-Extensive use in commerce.
-Advertising, sales, and financial records.

For foreign famous brands, legal battles against counterfeiters are frequent. Early trademark registration reduces legal risks and strengthens brand protection.

Trademark Licensing & Assignment in Vietnam

Licensing Trademarks

-Foreign companies can license trademarks to local distributors, franchisees, or subsidiaries.
-Licenses must be registered with IP Vietnam to be legally enforceable.

Assigning Trademarks

-Trademarks can be transferred (sold) to another entity.
-Assignments must be notarized and registered.

Challenges in Vietnam Trademark Law & Potential Improvements

Current Challenges:
-Lengthy registration process (18-24 months).
-Bad-faith trademark registrations (trademark squatting).
-Weak enforcement in online marketplaces.
-Inconsistent legal decisions across enforcement agencies.
-Difficulty proving well-known trademarks without a clear framework.

Suggested Improvements:
-Faster trademark processing through digital systems.
-Stronger penalties for trademark squatters.
-Better coordination between customs, courts, and IP Vietnam.
-Stricter rules for online trademark enforcement.

Recommendations for Foreign Companies Doing Business in Vietnam

To protect your intellectual property assets, follow these best practices:

Register Your Trademark Early
-Use Vietnam trademark law strategically to secure rights before entering the market.

Monitor & Enforce Your Trademark
-Regularly check for counterfeit products.
-Take legal action against infringers.

Work With a Local Trademark Attorney
-Foreign companies must file through local trademark agents.
-A Vietnamese IP lawyer can help with registration, opposition, and enforcement.

Conclusion

Vietnam trademark law is essential for foreign companies looking to protect their brand, engage in business transactions, and invest in Vietnam. While Vietnam provides strong legal protections, enforcement challenges remain. By registering trademarks early, enforcing rights proactively, and partnering with local legal experts, foreign businesses can safeguard their intellectual property in Vietnam.

If you plan to enter Vietnam’s booming market, make trademark protection a priority to secure long-term business success.

ANT Lawyers, Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/ip/vietnam-trademark-law-8-essential-guides.html

Read More

7 Essential Insights from Employment Dispute Law Firms in Vietnam: Navigating the Challenges of Contract Termination

  In today’s interconnected global economy, businesses in Vietnam face increasing pressure to adapt to challenges brought on by global geopolitical tensions and shifting market dynamics.

Workforce reductions and terminations have become more common, as companies navigate shrinking markets and strive to remain competitive.

For employees, however, a termination is rarely just a professional matter, it can have significant emotional, financial, and personal repercussions. They would seek most cost effective legal help.

Employment Dispute Law Firms in Vietnam: Navigating the Challenges of Contract Termination

This reality is particularly pronounced for expatriates in Vietnam who have traveled far from their home countries to work and build new lives.

When their employment contracts are terminated, the impact can be profoundly destabilizing.

Navigating the complex labor laws and addressing disputes that arise from such terminations requires professional guidance. This is where employment dispute law firms in Vietnam play a critical role.

In the following, we will explore the legal and practical aspects of employment contract termination in Vietnam and highlight the importance of engaging employment dispute law firms in Vietnam to manage the process effectively.

Understanding Employment Contract Termination in Vietnam

Employment contract termination in Vietnam is governed by the country’s Labor Code, which outlines specific scenarios under which a contract can be ended lawfully. These include mutual agreement between the parties, the expiry of the contract, the completion of tasks, structural or technological changes, and terminations driven by economic difficulties.

However, terminations are rarely straightforward. When disputes arise over severance pay, notice periods, or the grounds for termination, they can escalate into legal battles that disrupt both the employer’s operations and the employee’s livelihood. For expatriates, cultural and legal unfamiliarity can make such disputes even more daunting.

This underscores the value of having professional support from employment dispute law firms in Vietnam, which can help both employers and employees navigate this sensitive process.

The Growing Importance of Employment Dispute Law Firms in Vietnam

1. Adapting to a Changing Labor Market

Global challenges have intensified the need for businesses to restructure, and Vietnam’s dynamic labor market reflects this trend. Workforce reductions, organizational changes, and cost-cutting measures have become commonplace, leading to a rise in labor disputes.

Employment dispute law firms in Vietnam are uniquely positioned to help businesses navigate these challenges. Their expertise ensures that employers adhere to labor laws while minimizing risks, such as claims of unfair dismissal or inadequate compensation.

2. Protecting Employee Rights

For employees, particularly expatriates, termination can raise questions about severance pay, relocation support, and the fairness of their treatment. Employment dispute law firms in Vietnam advocate for employees, ensuring that their rights are protected and that they receive what they are legally entitled to under the Labor Code.

Key Scenarios Requiring Legal Support

1. Economic or Structural Terminations

One of the most common reasons for termination is economic necessity, such as declining revenue or market contraction. Employers must prepare detailed labor utilization plans, calculate severance allowances, and notify labor authorities in advance. Employment dispute law firms in Vietnam can guide employers through these steps to avoid non-compliance penalties.

2. Wage and Benefit Disputes

Disagreements over unpaid salaries, delayed bonuses, or incorrect benefit calculations often escalate into disputes. Legal professionals can step in to mediate these issues and provide clarity based on the law.

3. Contractual Ambiguities

Poorly drafted or vague employment contracts are a frequent source of conflict. Employment dispute law firms in Vietnam can review and revise contracts to prevent disputes before they arise.

4. Workplace Misconduct Allegations

Claims of harassment, discrimination, or workplace abuse are sensitive matters that require careful handling. Legal experts can investigate such claims and ensure that they are addressed fairly.

How Employment Dispute Law Firms in Vietnam Provide Support

1. Expertise in Labor Law

Employment dispute law firms in Vietnam possess an in-depth understanding of the country’s labor laws, enabling them to provide accurate and up-to-date advice. Their expertise ensures that both employers and employees can make informed decisions about termination and dispute resolution.

2. Drafting and Reviewing Contracts

From initial drafting to contract termination, employment dispute law firms in Vietnam offer comprehensive services to ensure compliance with labor regulations. They help businesses create clear, enforceable agreements that reduce the risk of disputes.

3. Handling Disputes

When disputes arise, legal firms provide representation and mediation services, facilitating resolutions that are fair and lawful. This can include negotiating severance packages, clarifying contractual obligations, or representing clients in discussions with labor authorities.

4. Supporting Expatriates

Expatriates often face unique challenges in Vietnam’s labor market, such as language barriers, unfamiliarity with local laws, and logistical concerns when contracts are terminated. Employment dispute law firms in Vietnam provide tailored support to expatriates, ensuring that their rights are upheld and that they receive fair treatment.

Benefits of Engaging Employment Dispute Law Firms in Vietnam

1. Ensuring Compliance

The Vietnamese Labor Code is detailed and prescriptive, with specific requirements for termination processes, severance calculations, and dispute resolution. Employment dispute law firms in Vietnam ensure that businesses comply with these laws, reducing the risk of legal repercussions.

2. Efficient Resolution

Legal experts can resolve disputes quickly, preventing prolonged conflicts that disrupt business operations and employee morale. Their involvement often leads to more amicable outcomes, preserving relationships between employers and employees.

3. Protecting Organizational Reputation

Handling disputes professionally and transparently reflects positively on an organization’s values. Employment dispute law firms in Vietnam help businesses manage conflicts discreetly, avoiding public controversies.

4. Advocating for Fairness

For employees, particularly those unfamiliar with labor laws, legal support ensures equitable treatment during disputes. Employment dispute law firms in Vietnam work to secure fair compensation, protect rights, and resolve issues in a manner that upholds dignity and justice.

Practical Scenarios Where Legal Firms Add Value

• Termination Procedures

Employers facing the need to lay off staff due to restructuring or downsizing can rely on legal firms to manage the process lawfully. Employment dispute law firms in Vietnam assist in preparing the required documentation, calculating severance pay, and notifying relevant authorities.

• Dispute Mediation

For disputes over wages, benefits, or termination conditions, legal professionals act as intermediaries, facilitating dialogue and ensuring that both parties’ concerns are addressed.

• Workplace Policies

Legal firms also provide guidance on creating workplace policies that align with labor laws, helping businesses prevent disputes before they arise.

How to Choose the Right Employment Dispute Law Firm in Vietnam

1. Consider Their Expertise

Select a firm with a strong track record in employment law and a deep understanding of Vietnam’s labor market. Employment dispute law firms in Vietnam with specialization in workplace disputes are better equipped to handle complex cases.

2. Look for Industry Experience

A firm familiar with your industry will better understand its unique challenges and legal requirements, offering more tailored solutions.

3. Evaluate Communication Skills

Effective communication is crucial, particularly for expatriates. Choose a law firm that provides bilingual services and explains legal processes clearly.

Challenges and Trends in Employment Law

• Rising Disputes

Economic challenges and growing awareness of employee rights have led to an increase in labor disputes. Employment dispute law firms in Vietnam are adapting to this trend by emphasizing proactive measures, such as contract reviews and workplace training.

• Future Changes

Vietnam’s labor laws are evolving to address modern workplace dynamics, with potential reforms aimed at improving dispute resolution mechanisms and safeguarding employee rights.

Conclusion

Employment contract termination in Vietnam is a complex and sensitive process that requires careful navigation of labor laws and cultural nuances. For employers, compliance with the Labor Code is essential to avoid disputes and protect their reputation. For employees, particularly expatriates, professional legal support can provide clarity, advocacy, and reassurance during a challenging time.

Employment dispute law firms in Vietnam play a vital role in managing these processes, ensuring fairness, efficiency, and adherence to the law. Whether you are an employer restructuring your workforce or an employee seeking to protect your rights, engaging a trusted legal partner is an investment in a smoother, more equitable resolution.

By choosing the right firm and seeking guidance early, businesses and individuals alike can navigate Vietnam’s labor landscape with confidence and integrity.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/employment-dispute-law-firms-in-vietnam-7.html

Read More

Vietnam’s AD22 Anti-Dumping Case on Colorless Float Glass

  

What is Vietnam’s AD22 Anti-Dumping Case and Why Now?

On 18 July 2025, Vietnam’s Ministry of Industry and Trade (MoIT) initiated an anti-dumping investigation into colorless float glass from Indonesia and Malaysia (case AD22). The investigated goods are classified under HS 7005.29.20 / 7005.29.90. The case was opened upon a petition from domestic producers alleging dumped imports and material injury. 

Vietnam’s AD22 Anti-Dumping Case on Colorless Float Glass

The Immediate Action Item: Respond to the Foreign Producer/Exporter Questionnaire in AD22 Anti-dumping Case

Announcement Regarding the Issuance Of The Investigation Questionnaire for Foreign ProducersExporters in AD22 Anti-Dumping CaseDownload

Foreign producers and exporters have been issued an official questionnaire and must submit responses by the end of 8 September 2025 (Hanoi time). Submissions must be made through TRAV ONLINE, and the filing is only considered timely after all documents are uploaded. Then, send a signed hard copy (confirmation page) and a USB containing the full submission to the authority’s Hanoi address.   

MoIT’s public notice confirms the deadline and references Notice No. 109/TB-PVTM (1 Aug 2025). The authority emphasizes confidentiality protection under the Law on Foreign Trade Management and warns that non-cooperation or late/incomplete responses may trigger “facts available” treatment.   

Scope Details and Methodology Signals of Vietnam’s AD22 Anti-Dumping Case

Definition: The product is colorless float glass produced by horizontal drawing/float process, without mesh core and without absorbent/reflective/non-reflective coatings; not unprocessed optical glass. 

POI & injury period: Dumping POI (Jul 2024 – Jun 2025); injury period (Jul 2021 – Jun 2025). 

Alleged margins (from petition/decision summary): Indonesia ~60.68%; Malaysia ~23.02% (indicative at this stage; actual rates depend on the investigation). 

How to File Correctly

1. Register and download the pack. Use questionnaire from the authority’s sites/TRAV ONLINE. 

2. Prepare two versions: Confidential and Limited circulation (non-confidential) electronic sets, with proper bracketed redactions and meaningful summaries. 

3. Submit via TRAV ONLINE first; then signed hard copy (confirmation page) plus USB to Trade Remedies Authority of Vietnam.   

4. Audit your sales & cost trails. Align invoice, payment, shipment, and accounting records to the POI; reconcile to financials. (If selected for on-site verification, this is where most submissions crack.) The authority has explicitly reserved the right to verify on site. 

5. Coordinate with importers & end-users in Vietnam. Their questionnaire data (prices/volumes/uses) often corroborate your narrative and gaps can invite adverse inferences. 

6. Register as an interested/related party within the designated window to receive disclosures and participate fully. 

7. If timing is tight, request an extension early. Vietnam practice allows extensions on reasoned requests.

Risks of Non-Cooperation

Failing to respond on time or supplying incomplete/incorrect information can lead the authority to apply “facts available,” which typically results in much higher provisional/final margins than cooperative respondents. The notice is explicit on this point. 

What Exporters Should Prepare

Master product mapping: thickness, sizes, processing, and how your models fit the scope definition. 

Sales databases: POI exports to Vietnam; home-market/third-country sales as required; transaction-by-transaction with price terms and adjustments.

Cost of production (COP): Bills of materials, utilities, labor, depreciation, yield/loss, overhead allocation keys.

Affiliations & ownership: Any links with Vietnam importers or other entities in the chain.

Policy & process memos: Discounts/rebates, freight policies, warranty, and accounting practices (to show consistency).

Verification kit: Index of source records (trial balance, ledgers, invoices, GRNs, payment proofs) and ready for on-site review.

Market/Strategy Watch

Given parallel float glass trade actions in other jurisdictions, multijurisdictional alignment of your data story matters. While each system differs, consistency across filings protects credibility and reduces the risk of adverse inferences.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/vietnam-ad22-anti-dumping-case.html

Read More

Vietnam Anti-Dumping Investigation AD23: What Exporters Must Know and Do Now

  Vietnam has officially launched Vietnam anti-dumping investigation AD23 against ceramic and porcelain tiles originating from India. This case, announced through Decision No. 2333/QD-BCT on August 18, 2025, represents a significant trade development for exporters and importers alike.

The Ministry of Industry and Trade (MOIT), through the Trade Remedies Authority of Vietnam (TRAV), has issued a Sampling Questionnaire to foreign producers and exporters, requiring urgent attention. The deadline for submission is September 10, 2025 (Hanoi time).

Vietnam Anti-Dumping Investigation AD23: What Exporters Must Know

We refer to Announcement No. 131/TB-PVTM dated August 25, 2025 and Vietnam’s alignment with WTO anti-dumping rules to provide a structured guide on the investigation process, legal obligations, deadlines, and practical strategies that exporters should follow to safeguard their commercial interests.

Announcement No. 131/TB-PVTMDownload

Background of Anti-dumping Investigation AD23

The Vietnam anti-dumping investigation AD23 concerns certain ceramic and porcelain tiles exported from India to Vietnam. Vietnamese producers alleged that imports were being dumped, thereby threatening or causing material injury to the domestic industry.

Based on preliminary evidence, MOIT initiated the case to determine whether dumping exists and whether trade remedies are warranted.

The period of investigation runs from July 1st, 2024 to June 30th, 2025. Additional years of data may be reviewed to assess trends in injury.

Legal Basis of Anti-dumping Investigation AD23

The investigation is conducted under:

• The Law on Foreign Trade Management (2017);
• Decree No. 86/2025/ND-CP on trade remedies;
• Circular 26/2025/TT-BCT; and
• WTO Anti-Dumping Agreement provisions.

This ensures that Vietnam anti-dumping investigation AD23 is consistent with international standards of transparency, due process, and rights of defense.

The Sampling Questionnaire

The central immediate task for foreign producers/exporters is the Sampling Questionnaire.

AD23 – Sampling Questionnaire For Foreign Producers/ExportersDownload

• Purpose: To allow TRAV to select representative companies for the full investigation.
• Content: Information on company structure, production, sales, costs, exports to Vietnam, and domestic sales.
• Format: Two versions – a Confidential version and a Limited Circulation version.
• Submission: Must be uploaded via TRAV system and followed by a signed hard copy plus USB submission .

Failure to submit by the deadline will result in the company being treated as non-cooperative, which can lead to reliance on adverse facts available, typically resulting in higher dumping margins.

Timeline and Procedures

The investigation follows a step-by-step process:

1. Initiation – MOIT’s decision to investigate.
2. Questionnaire Phase – September 10th, 2025 as the deadline.
3. Verification – TRAV may conduct on-site verification at company headquarters or production sites to confirm submitted data.
4. Preliminary Findings – MOIT may impose provisional duties within 90–180 days if evidence supports dumping and injury.
5. Final Decision – within 12 months (extendable to 18 months), a final ruling on dumping and anti-dumping duties is made.

For exporters, full cooperation at each stage of Vietnam anti-dumping investigation AD23 is essential.

Confidentiality and Data Protection

Under Article 75 of the Law on Foreign Trade Management, exporters can request confidential treatment of sensitive business information. However, non-confidential summaries must also be provided. Companies should carefully mark confidential sections and prepare parallel public versions to avoid disclosure of trade secrets while still complying with the rules.

Risks of Non-Cooperation

Failure to respond to the Sampling Questionnaire or incomplete/incorrect submissions can result in:

• Application of highest possible dumping margins;
• Loss of procedural rights, including access to case files;
• Reduced ability to challenge findings.

In short, ignoring or mishandling the questionnaire in Vietnam anti-dumping investigation AD23 is likely to lead to a much worse outcome.

Cooperation Guidance for Exporters

Exporters facing Vietnam anti-dumping investigation AD23 should take the following actions immediately:

1. Engage experienced legal counsel familiar with Vietnam’s trade remedy system.
2. Assign internal resources to collect, translate, and verify accounting, sales, and production data.
3. Submit on time via TRAV system, ensuring technical and procedural compliance.
4. Prepare for verification visits by TRAV, which may include plant tours and access to original records.
5. Coordinate with industry associations or other exporters where appropriate, to ensure consistent arguments.

Implications for Importers and Vietnamese Buyers

Importers in Vietnam relying on Indian tile supplies should anticipate potential cost increases. If anti-dumping duties are imposed, landed prices may rise significantly, and supply chain adjustments may be necessary. Monitoring the progress of Vietnam anti-dumping investigation AD23 is therefore equally critical for downstream businesses.

Conclusion

The launch of Vietnam anti-dumping investigation AD23 signals a serious development in Vietnam’s trade remedy practice. Exporters and importers should treat the Sampling Questionnaire and upcoming deadlines with utmost priority. Early, accurate, and cooperative participation is the only effective way to mitigate risks and safeguard market access in Vietnam.

Our firm is closely monitoring the investigation and is ready to assist exporters and importers in preparing submissions, responding to TRAV, and ensuring compliance with Vietnamese and WTO trade remedy rules.

Deadline reminder: Responses to the Sampling Questionnaire must be submitted by September 10, 2025.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/vietnam-anti-dumping-investigation-ad23.html

Read More