Vietnam’s intellectual property push drives change in the creative industry

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Vietnam’s intellectual property push drives change in the creative industry

Mr Ricardo Arce and Mr Christian Berg (RMIT Vietnam) shared their perspectives on the impact of Official Dispatch No. 38 on Vietnamese creators and the broader digital industry.

Vietnam’s continued inclusion on the United States’ Priority Watch List for intellectual property (IP) in 2026 underscores the growing pressure on the country to strengthen IP protection in the digital economy. Amid increasingly sophisticated online copyright infringement, Official Dispatch No. 38 was issued as a strong signal reinforcing the rule of law and Vietnam’s commitment to strengthening IP enforcement.

Launched by the Prime Minister in May 2026, Official Dispatch No. 38 marks a strategic step in intensifying the crackdown on IP crimes. One of the most significant shifts is the move from primarily administrative penalties towards stronger criminal prosecution, while previous enforcement loopholes are gradually being addressed through more detailed provisions in the amended Intellectual Property Law.

RMIT Bachelor of Design (Digital Media) Program Manager Mr Ricardo Arce, who has 30 years of international experience in the animation and digital media industries, regards the dispatch as “a necessary escalation”.

It is worth noting that the dispatch arrives in a broader international context. Vietnam’s continued placement on the United States’ Priority Watch List for IP in 2026 serves as a warning bell for the country’s reputation in the digital economy landscape.

Official Dispatch No. 38 marks a strategic step in intensifying the crackdown on IP crimes. (Image: Magnific)

Drawing on his professional experience, Associate Lecturer Christian Berg said the gap between policy and practice has often remained wide.

“As a working photographer in Vietnam I have had my images published on commercial websites without attribution, payment, or consent on multiple occasions,” Mr Berg said.

“This type of infringement is common, well-known and often not resolved. Individual creators in Vietnam rarely possess resources and legal support to pursue these issues on their own, which can make even well-intentioned directives less effective at the individual level.”

He believes that any discussion of IP protection in Vietnam should also acknowledge the demand dynamics of piracy.

“International content – film, TV shows, live sports, games and music – has historically reached Vietnam late, in limited form, or not at all,” he said.

“Various international TV channels have withdrawn from the local market. When legal access is limited, too expensive or simply not available, consumers tend to look for unlicensed alternatives.”

Mr Arce sees the stakes of IP protection for the digital industry as a whole and the animation industry in Vietnam in particular, as Vietnamese animation now contributes an estimated 10–15% to the country’s overall film industry.

“But this growth depends on and is strengthened through enforceable IP rights protection,” he said.

Mr Ricardo Arce (left) and Mr Christian Berg, RMIT Vietnam

Mr Arce recommends four practical actions for digital creators operating in Vietnam.

First, creators should formally register copyrights and keep evidence of origin, ownership, and creation of the content, including metadata and records of the process such as screenshots and screen recordings, project files, and making-of footage, depending on the works.

Second, creators should engage with industry associations to strengthen the creative community and gain access to relevant resources and information, advocacy, and representation.

Third, creators should understand that the dispatch “works as a two-way street”.

“It not only advocates for the fair use of creative content, helping artists, designers, writers, musicians, and everyone taking part in the creative industries ecosystem to benefit from their works, but also prompts everyone in the pipeline, from creators to right holders, to an active and organised participation to function,” he said.

“For example, to use originally licensed software in the creation process to lead by example.”

Finally, he encouraged creators and industry stakeholders to treat Vietnam’s new IP enforcement as “an opportunity to boost its international presence and relevance by raising awareness on the rich Vietnamese cultural values and further developing a stronger local digital culture and sovereignty.”

Story: June Pham

Communication and design

Media Release

14 May 2026

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