VIETNAM OVERHAULS IP JUDICIARY: ESTABLISHMENT OF SPECIALIZED IP COURTS



As part of ongoing efforts to modernize the judicial system, Vietnam is restructuring how intellectual property (IP) disputes are handled through key legislative reforms. On 27 June 2025, the Standing Committee of the National Assembly issued Resolution No. 81/2025/UBTVQH15, which formally designates two regional-level People's Courts in Hanoi and Ho Chi Minh City for adjudication of IP cases. This marks a departure from the country's previous decentralized system for handling IP disputes and represents Vietnam's commitment to creating a more sophisticated and efficient mechanism for IP protection in line with its international obligations.

Details of the Reform

Effective 1 July 2025, Vietnam will operationalize specialized IP divisions within the Regional People's Courts of Hanoi and Ho Chi Minh City. These specialized courts will have first-instance jurisdiction over IP disputes, for both civil and administrative litigation. The Hanoi court will cover 20 northern provinces and centrally administered cities, while its Ho Chi Minh City counterpart will handle matters from the remaining 14 southern regions.

A critical feature of the reform is the requirement for appointed judges to possess demonstrated expertise in IP law. This specialization ensures that complex technical and legal issues in IP cases will be adjudicated by jurists with relevant knowledge and experience. For appeals, civil cases will proceed to provincial-level Economic Courts, while administrative appeals will be heard by Administrative Courts.

The creation of a dedicated IP judiciary directly supports Vietnam's commitments under major trade agreements, including the CPTPP and EVFTA, which demand robust IP protection mechanisms. By centralizing jurisdiction, the reform addresses several systemic challenges: inconsistent rulings across regions, procedural delays, and varying levels of judicial expertise that previously characterized Vietnam's IP dispute resolution system.

Looking ahead

The specialized courts are expected to deliver more predictable and technically sound decisions, particularly for complex matters involving patents, trademarks, and copyright infringement. This development is particularly significant for multinational corporations and rights holders who have long sought a more reliable judicial forum for IP enforcement in Vietnam.

This judicial modernization reflects Vietnam's recognition of IP protection as a cornerstone of its innovation-driven economic strategy. The establishment of specialized IP courts represents more than an administrative restructuring—it signals Vietnam's ambition to become an attractive destination for investment in IP-intensive industries. Rights holders and legal practitioners should closely monitor the implementation of this reform as it reshapes Vietnam's IP enforcement landscape.

Source:
https://vbpq.toaan.gov.vn/webcenter/portal/htvb/chi-tiet-vbdt?dDocName=TAND36 1488 (Vietnamese)
https://tttp.toaan.gov.vn/webcenter/portal/htvb/chi-tiet?dDocName=TAND3634 90 (Vietnamese)
https://plo.vn/toa-nao-giai-quyet-vu-viec-pha-san-so-huu-tri-tue-post859631.html (Vietnamese)
https://tapchitoaan.vn/du-kien-sau-ngay-0172025-con-34-tand-cap-tinh-thanh-pho-truc-thuoc-trung-uong-va-355-tand-khu-vuc13447.html (Vietnamese)