Intellectual property in Vietnam has become a serious issue that Thai SMEs need to pay close attention to, not just as a policy rumor. Since the end of May 2016, the Vietnamese government has launched a nationwide crackdown on IP infringement, and the results have been faster and more severe than many anticipated. If you export branded goods, OEM products, or sell through online platforms in Vietnam, this article is a must-read before preparing your next shipment.

What happened in Vietnam, and why so quickly?

The issue stems from the United States launching an investigation into Vietnam under Section 301 of the Trade Act, placing Vietnam in the Priority Foreign Country (IP) category—the most severe status and the first country to be added to this list in 13 years. The factor pressuring the US is the trade deficit with Vietnam, which reached $54.8 billion in the first quarter of 2026 alone.

Vietnam responded with Prime Minister's Order No. 38/CĐ-TTg on May 5, 2026, launching an immediate nationwide proactive operation. Within less than a month, the results included 1,438 IP violation cases, 1,146 administrative actions, 28 criminal charges, fines totaling over 12.6 billion VND (approximately $480,000), and confiscated goods worth approximately $1.4 million. These figures are not just statistics; they highlight the real risk of your business being stopped at customs or removed from a platform.

How do intellectual property rights in Vietnam affect Thai SMEs?

If you're exporting products with your logo, brand, or unique design to Vietnam, whether through an agent, e-commerce platform like Shopee or Lazada Vietnam, or directly to an importer, there are two levels of risk to be aware of: at the customs level and at the market level.

At the customs level, this means that the goods you send may be checked by the Market Surveillance Force or Vietnamese customs officials to ensure that the trademarks, copyrights, or patents on the products are registered in Vietnam. Without proof, the goods may be detained, and the release process could take significantly longer than usual.

At the market level, this means that if your product is complained about by a competitor or the platform detects a lack of clear IP documentation, the product may be removed from the online store or your seller account may be suspended without prior notice. This directly impacts sales and buyer relationships.

What types of products require special caution?

This operation doesn't specify any particular product category, but based on the nature of the cases, the products to be most wary of include those with clear logos or brands, such as clothing, bags, shoes, electronic devices, cosmetics, and skincare products; OEM products manufactured for foreign brands but lacking production licensing documentation; products sold through online marketplaces that already have IP complaint systems in place; and products with designs or packaging that may be perceived as similar to brands registered in Vietnam.

If you manufacture OEM products for foreign brands and ship directly to Vietnam, you will need an authorization letter from the brand owner clearly stating that you are authorized to produce and export products under that brand. This document should be prepared in English and should have verifiable certification from the brand owner.

IP document checklist before shipping goods to Vietnam.

Before you prepare your next batch, check this list to make sure you have everything you need.

• Trademark Certificate Registered in Vietnam or in the country of origin, with a verifiable registration number.
• Authorization letter From the brand owner: If you are an OEM or distributor, please specify the licensee's name, time period, and scope of products.
• Documents proving origin A valid Certificate of Origin, in accordance with trade treaties such as ATIGA or RCEP, is required for customs clearance.
• Invoice and Packing List The brand name, model, and product code listed match the label on the actual product perfectly; there are no discrepancies.
• Product labels in Vietnamese According to Vietnamese law, the product name, country of origin, ingredients, and instructions for use must be fully stated.
• Supplier traceability documentation For example, the factory name, address, and lot number linked to the batch shipped, so that it can be used to answer customs questions immediately.
• Contract or purchase order Between you and the buyer in Vietnam, clearly specify Incoterms such as FOB or CIF to determine who is responsible if the goods are held at destination.

The hidden risks in transportation costs.

Many people think of IP risk only in terms of whether the goods will be seized, but in reality, a more significant impact is the unexpected increased cost. If goods are held at Vietnamese customs, you have to pay for storage at the port or customs warehouse, which is charged on a daily basis. And if the process takes 2-3 weeks, this cost can be much higher than anticipated.

Furthermore, if you sell under a CIF or DDP agreement, you assume all the risk. However, if you sell under an FOB agreement, the buyer in Vietnam will be responsible. Nevertheless, if the goods are seized due to incomplete IP (Input) documents and it's your fault, the buyer may claim damages or cancel future orders. Therefore, checking the documents before shipment is crucial to protecting both costs and business relationships.

For temperature-sensitive goods such as food or cosmetics, delays at customs have an even greater impact. In addition to storage costs, there's the risk of the goods being damaged or expiring before reaching the buyer, meaning the entire batch might have to be discarded.

Questions to ask your customs broker before shipping.

If you are using a customs broker in Vietnam or have an agent handling import procedures, try asking these questions before the goods leave Thailand.

1. Are Vietnamese customs currently checking more IP (Initial Product) documents for the categories of goods we are shipping? 2. If the goods are detained, what additional documents do we need to prepare, and how long will it take? 3. Are our trademarks registered in Vietnam? If not, what are the risks? 4. Are the product labels we are currently using compliant with current Vietnamese law? 5. If there are IP issues during customs clearance, how long does the appeal process take, and what are the approximate costs?

Vietnamese online platforms and the risks that cannot be overlooked.

Another dimension that many haven't considered is the risks on e-commerce platforms in Vietnam, such as Shopee VN, Lazada VN, Tiki, and TikTok Shop Vietnam. These platforms already have IP complaint systems in place. Furthermore, with the Vietnamese government launching a crackdown on counterfeit goods and consumer protection specifically in e-commerce, these platforms are under increased pressure to scrutinize their stores and products.

If you have an online store in Vietnam or agents selling your products on these platforms, you should check if your store or your agent's store has uploaded IP (Initial Permit) documents to the platform's system. Because if a complaint is filed and the documents are not ready, your products may be removed before an appeal can be filed later, causing your sales to stall immediately.

Furthermore, the Vietnamese government has proposed a draft decree granting state agencies the power to directly block domain names that violate IP regulations. This means that if you have an online store in Vietnam and encounter IP issues in the future, your website could be blocked without going through a court process.

Should I register my trademark in Vietnam?

If you sell your own branded products in Vietnam and haven't yet registered your trademark there, now is a time to seriously consider it. Vietnam uses a first-to-file system, meaning whoever registers first gets the rights first. If a competitor or distributor you've used before registers your brand in Vietnam first, you might not be able to use your brand in that market at all.

The trademark registration process in Vietnam generally takes around 12-18 months and is relatively inexpensive considering the potential risks. If you haven't started yet, you should consult an IP lawyer in Vietnam or an international IP registration service provider to assess the risks your brand faces in that market.

Things to watch out for over the next 3-6 months.

This situation is far from over with a single operation, as the Vietnamese government plans to establish a national IP law enforcement database within this year. This will enable faster and more comprehensive investigation and tracking of cases. Furthermore, the Market Surveillance Force has announced it will continue to intensify its law enforcement efforts.

Key issues to watch over the next 3-6 months include the progress of trade negotiations between Vietnam and the US. If the negotiations are successful, IP pressure may ease somewhat; however, if they fail, actions could intensify. Additionally, it's important to monitor whether the draft decree on domain blocking has passed and how Vietnamese e-commerce platforms are updating their IP policies.

If you have an agent or importer in Vietnam, you should ask them to update you, at least monthly, on any changes to regulations or increased inspections in your product category. Information from local sources is often faster than official news.

Summarizing before preparing the next batch.

What's happening in Vietnam isn't just a temporary policy adjustment, but a signal that the Vietnamese market is seriously raising its IP standards. In the long run, this could be beneficial for legitimate brands, but in the short term, if you haven't prepared your documentation, the risk of your products being detained, seized, or removed from the platform is real and can happen quickly.

Before shipping your next batch, review whether your trademark is registered in Vietnam, if all authorization documents are complete, if the product labels are correct, and if the Incoterms used align with your acceptable risk level. Answering these questions before shipment is far better than having to resolve issues after the goods arrive at their destination.

For more information regarding exporting to Vietnam and customs documentation issues, please refer to the following references. SME SHIPPING

Intellectual Property in Vietnam: Documents to have ready before a Vietnamese buyer or distributor asks further questions.

If you sell branded products with unique logos and packaging, or already have distributors in Vietnam, you should prepare not only an invoice and packing list, but also proof of trademark rights, details of the rights holder and licensee, and documents demonstrating that the product batch originated from a traceable source.

This point is crucial because as enforcement tightens, end buyers may request documentation verifying their rights sooner to mitigate the risk of counterfeits, inferior products, or products with labels that don't match the brand owner. If you respond slowly, the shipment may not be immediately canceled, but the trust of your trading partner will significantly decrease.

Check the distributor agreement and brand usage rights; make sure they tell the same story.

Many Thai businesses have distributors in Vietnam, but the documents regarding appointment, trademark rights, and label information are in different versions. When customs inspectors intensify their checks or marketplaces request additional evidence, even a single discrepancy could force partners to temporarily suspend sales or delay the receipt of new shipments.

• Verify that the brand owner's name matches the name on the certificate, power of attorney, and other commercial documents.
• Check that the importer or distributor has clear permission to use the logo, slogan, and packaging images in Vietnam.
• Keep the final version of the artwork file, along with the approval date and approver, for use in answering past questions.
• Check that the product labels in Vietnamese and English do not conflict with the information of the copyright holder.
• Ask your partners: If the marketplace or staff requests additional documents, who responds and how long does it take?
• Establish a procedure for halting sales or holding inventory in advance, specifying who is responsible for the costs and who decides to release the remaining stock.

Risk factors in marketplaces and online channels that Thai SMEs should not overlook.

If your products are sold through multiple agents or online channels, the risk isn't just counterfeit goods, but also from product images, names, and descriptions that might lead inspectors to suspect unclear brand usage. As Vietnam intensifies its crackdown, sellers with incomplete documentation are always questioned.

What you should ask your partner is: Who is currently responsible for removing inappropriate listings? Who has the authority to report violations to the platform? And what evidence do they have readily available? If the answers are unclear, you should consider this a back-end risk that will ultimately impact your in-store sales.

Hidden costs that may arise when inspections are conducted or additional documents are requested.

Even if the goods aren't seized, the importer or distributor incurs immediate costs when having to halt sales while waiting for documentation. These include storage costs, lost retail space opportunities, paused advertising, and the staff costs associated with fulfilling the paperwork. Therefore, when setting prices or offering credit terms, you should discuss potential costs associated with strict customs checks beforehand. Otherwise, your expected profits may be lost due to the expenses of resolving issues after the goods reach their destination.

If your product category relies heavily on brand credibility, such as cosmetics, supplements, household goods, or products with unique designs, you should incorporate the cost of compliance response time into your plan. This is because increasingly stringent markets tend to reward suppliers who submit documents promptly and eliminate those who respond slowly.

Intellectual Property in Vietnam: A Quick Checklist for Export Teams

To effectively use this article, the sales team, documentation team, and freight forwarder should discuss, before the next shipment, what documents are required to verify brand rights in Vietnam, who owns the trademark, and who will answer questions from customs or platforms when inspected.

Points to double-check include the brand name on the invoice, product images, packaging, authorization letter, and contract with the distributor. In Vietnam, intellectual property regulations affect not only counterfeit goods but also OEM products and products with unique designs. If the documentation is unclear, even good products may be delayed due to insufficient responses to inquiries.

For Thai SMEs, a safe approach is to keep a file containing intellectual property documents for Vietnam alongside every export shipment and clearly identify the responsible party for responding before the goods leave Thailand.

Source: DITP