Duong & Tran Intellectual Property

Key Changes on Copyright and Related Rights Under Decree No. 134/2026/ND-CP

Introduction

On 6 April 2026, the Vietnamese Government issued Decree No. 134/2026/ND-CP (“Decree 134”), amending Decree No. 17/2023/ND-CP (“Decree 17”) which provides detailed guidance on the implementation of the Intellectual Property Law in relation to copyright and related rights. Decree 134 took effect on 9 April 2026.

The primary purpose of Decree 134 is to bring Decree 17 into alignment with the Law Amending the Intellectual Property Law, which also came into force on 1 April 2026 (the “Amending IP Law”). The amendments address several significant developments in IP law, most notably the treatment of AI-assisted works, the introduction of a text and data mining exception, updated registration procedures, and expanded responsibilities for digital intermediary platforms.

This article summarises the most notable changes under Decree 134.

Notable Amendments

1.New Definitions of Non-Protectable Subject Matter

Decree 134 introduces definitions for three categories of subject matter that are expressly excluded from copyright protection under the Amending IP Law:

  • Ideas are defined as creative thoughts, intentions, or directions that have not yet been expressed in a fixed, tangible form and do not yet constitute a creative product in the literary, artistic, or scientific domain.
  • Slogans are defined as short phrases or messages of a promotional or identifying nature that do not reflect the author’s personal imprint or independent creative choices beyond ordinary linguistic expression.
  • Work titles standing alone are understood as the name of a work when considered in isolation and separately from the content of the work itself.

2.Copyright and Related Rights in AI-Assisted Works

Decree 134 sets out the conditions under which copyright and related rights may arise in works, performances, sound recordings, audiovisual recordings, or broadcasts created with the use of artificial intelligence systems. Copyright and related rights will only arise where all of the following cumulative conditions are satisfied:

  • Substantial and decisive human contribution

This includes: providing original input data, technical parameters, or design documentation for computer programs; formulating prompts to direct the AI system; evaluating, selecting, editing, interventing, or interpreting AI-generated output; selecting, arranging, and organizing content and form; making decisions reflecting artistic intent or professional skill; and determining the final result to ensure it reflects the creator’s own ideas rather than random algorithmic output.

  • The human creator bears responsibility for the content and legality of the AI-assisted work.
  • No prejudice to copyright or related rights subsisting in materials used as input data for the AI system.

Where these conditions are met, the human creator is recognised as the author. In the case of performances, related rights vest only in the individual who directly performs using their own artistic acts.

Burden of proof and disclosure obligations: When seeking protection for an AI-assisted work, the creator must demonstrate their contribution and truthfully disclose the use of the AI system when required by a competent authority. Supporting evidence may include:

  • Input data, technical parameters, design documentation for computer programs, drafts, and intermediate versions;
  • Prompt history, interaction data, and technical parameters; and
  • Descriptive documentation of the creative process or other lawful materials evidencing human intellectual contribution and control.

Where a work is generated entirely by an AI system, or where the above conditions are not fully met, no copyright or related rights will arise under the Intellectual Property Law.

3.Reservation Right (Opt-Out for AI Training and Text & Data Mining)

Decree 134 introduces a right for authors, performers, copyright owners, and related rights owners to reserve their rights and prohibit their protected texts and data from being used for scientific research, testing, or AI training purposes (exept for the use discussed in section 4 below). This reservation must be expressed through one of the following means:

  • Machine-readable metadata, rights’ technological protection measures, or rights management information attached to the original or electronic copies of the protected work, published publicly and clearly in a manner accessible to users; or
  • Public disclosure on the website of an authorised collective copyrights and related rights management organisation.

4.New Exception for AI Training and Text & Data Mining

Notwithstanding the reservation right above, Decree 134 introduces a new copyright infringement exception permitting the use of lawfully published, publicly accessible texts and data for scientific research, testing, and AI training purposes. This exception applies only where all of the following conditions are cumulatively satisfied:

  • The texts and data subject to copyright or related rights protection are lawfully published;
  • The content is accessed through lawful conduct and from a lawful source;
  • No technological protection measures implemented by the rights holder are circumvented;
  • The use is not for commercial purposes;
  • The use does not conflict with the normal exploitation of the protected content and does not unreasonably harm the legitimate interests of authors, performers, or rights owners; and
  • The AI output does not replace the normal market for the relevant copyright or related rights, nor create unfair competition in respect of their exploitation.

5.Obligations of Users Under the AI Training / Text & Data Mining Exception

Organisations and individuals relying on the new exception must comply with the following obligations:

  • Maintain technical records, training data, and usage data in accordance with AI-related legislation, and make such information available upon request from competent state authorities for purposes of verification, dispute resolution, or enforcement; and
  • Respect the reservation rights of authors, performers, copyright owners, and related rights owners.

6.Copyright Registration: Procedural Updates

  • Mandatory use of local representatives for foreign applicants: Foreign individual authors, copyright owners, or related rights owners not permanently resident in Vietnam, and foreign organisations without a registered office, representative office, or branch in Vietnam, must now file copyright and related rights registration applications through a Vietnamese copyright and related rights agent. Direct onlie filing, as previously permitted, is no longer available to such applicants.
  • Reduced processing timeframes: The processing period for re-issuance of copyright or related rights certificates is reduced from one month to 8 working days; the period for replacement of certificates is reduced from one month to 13 working days.
  • Electronic certificates recognised as equivalent to paper originals: Copyright and related rights certificates issued in electronic form now have the same legal validity as paper certificates.
  • Suspension of grant of certificates of copyrights and related rights: The competent authority may suspend grant of certificates where the subject matter is involved in a dispute, complaint, denunciation, or related criminal proceedings before a court or arbitral body.

7.More Detailed Guidance on Mandatory Destruction of Pirated Goods

Decree 134 provides clearer guidance on the mandatory destruction of pirated goods. As a general rule, pirated goods must be destroyed at the request of the copyright or related rights owner without any compensation. However, measure of use for non-commercial purposes — may be applied in the following circumstances:

  • The infringing elements have been removed and the goods are essential items serving humanitarian, medical, disaster or epidemic prevention or control, or public interest purposes; or
  • The infringing elements have been removed and destruction of the goods would be contrary to social ethics or would seriously harm the public interest, community health, social welfare, or the environment.

8.Expanded Definition and Liability of Intermediary Service Providers

  • Expanded definition: Intermediary service providers now expressly include, among other, operators of digital intermediary platforms, such as online social media services, e-commerce platforms, and other digital intermediary platforms.
  • Enhanced obligations: Intermediary service providers and digital platform operators are responsible for preventing the sharing and disseminating, removing of information, and taking down infringing services or applications, and other relevant obligations in accordance with applicable cybersecurity, e-commerce, and other relevant legislation.

Practical Takeaways

For IP Right Holders and Authors

  • Foreign applicants need to file applications for registration of copyrights and related rights via a Vietnamese authorized agent.
  • If you create works using AI tools, be aware that copyright protection will only arise if you can demonstrate substantial and decisive human creative input. Maintain records of your creative process, for example, prompt history, intermediate drafts, editorial decisions, and final selections — as this evidence will be critical in establishing copyright ownership and responding to authority requests.
  • If you do not wish your work to be used for AI training, scientific research, or testing, actively exercise your reservation right by embedding machine-readable opt-out notices in your content’s metadata or publishing a reservation notice through an authorized collective management organisation. Note the new exception discussed above.
  • Pirated goods affecting your rights are now subject to clearer mandatory destruction rules — you may request destruction without being required to provide compensation in many circumstances.
  • Electronic copyright/related right certificates now carry the same legal weight as paper certificates, facilitating digital document management.

For third parties who use copyrights, related rights of others

  • Organisations developing or deploying AI systems that train on third-party data should establish data governance and record-keeping systems to demonstrate compliance with the new text & data mining exception conditions.

Conclusion

Decree 134 provides important implementing guidance on the Amending IP Law’s new provisions relating to copyright and related rights registration and enforcement. Its most significant contributions lie in establishing a framework for AI-assisted works, introducing an opt-out mechanism for use in AI training, scientific research, or testing, and clarifying the obligations of AI developers and intermediary platforms. Taken together, these changes mark a meaningful step in adapting Vietnam’s copyright regime to the realities of the AI era.

Rights holders, authors, and third parties who use copyrights, related rights of others should review their current practices in light of these developments and take proactive steps to protect and manage their rights under the updated framework.

This newsletter provides a general update and does not constitute specific legal advice. For further information, please contact: hanoi@duongtran.vn.