Key Changes to Administrative Enforcement of Industrial Property Rights Under Decree No. 186/2026/ND-CP

Introduction

On 26 May 2026, the Vietnamese Government issued Decree No. 186/2026/ND-CP (“Decree 186”), amending Decree No. 99/2013/ND-CP as amended and supplemented by Decrees No. 126/2021/ND-CP and No. 46/2024/ND-CP (“Decree 99”), which governs administrative penalties for industrial property violations. Decree 186 will take effect on 15 July 2026.

Decree 186 is issued primarily to align Decree 99 with the Law Amending the Intellectual Property Law, which came into force on 1 April 2026 (the “Amending IP Law”), and to reflect recent structural reforms to Vietnam’s state administrative machinery. The amendments introduce new remedial measures for domain name infringement, clarify and expand enforcement authority, increase maximum fine thresholds that can be imposed by some administrative enforcement bodies, and streamline certain procedural requirements.

This article summarises the most notable changes under Decree 186.

Notable Amendments

1.New Remedial Measures for Domain Name Infringement

Decree 186 introduces blocking of access to infringing domain names as a new remedial measure and establishes clear coordination responsibilities among relevant agencies:

Blocking obligation: Within five (5) days of receiving a sanctioning decision, telecommunications enterprises must implement the necessary technical measures to block access to the infringing domain name within Vietnam, and must submit a written compliance report to the issuing authority within 10 days of completing the blocking.
Revocation of domain names: The Ministry of Science and Technology (Vietnam Internet Network Information Centre – VNNIC), in coordination with the national “.vn” domain registrar, is responsible for revoking Vietnamese national “.vn” domain names. International domain registrars and New gTLD Registries operating in Vietnam are responsible for revoking international domain names.
Reporting obligations: Domain name registrars and New gTLD Registries in Vietnam must notify the relevant domain registrant of the revocation, carry out the revocation procedures, and submit a written report to the sanctioning decision-maker and to VNNIC.

2.New and Expanded Enforcement Authorities

Decree 186 makes significant changes to the agencies and officials empowered to impose administrative sanctions for industrial property violations.

New designated authorities: The Director General of the National Office of Intellectual Property of Vietnam (IP Vietnam), Heads of Industrial Property Sectoral Inspection Teams established by the Director General of IP Vietnam are formally designated as individuals with authority to impose administrative sanctions in the industrial property field.

This amendment reflects the recent restructuring of Vietnam’s administrative bodies, under which the former Inspectorate of the Ministry of Science and Technology — previously the primary enforcement body in this field — has been abolished. The amendments ensure continuity of enforcement without interruption.

Clarified the competence of ministerial inspection teams: In addition to existing enforcement bodies, Decree 186 clarifies sanctioning authority to Heads of Sectoral Inspection Teams established by the relevant sector-managing Ministers. For example, in addition to customs officers, Heads of Sectoral Inspection Teams established by the Minister of Finance (the ministry overseeing customs) are now empowered to sanction violations relating to the importation, transit, and transportation of goods within customs operational areas.
Expanded police authority: The Police and Heads of Police Sectoral Inspection Teams established by the Minister of Public Security are granted expanded authority to sanction the following specific violations:

Falsification or alteration of IP protection certificates or documents proving industrial property rights;
Fraud or coercion of clients in the conclusion or performance of industrial property representative service contracts;
Disclosure of information not yet authorised for publication by competent state authorities, relating to the receipt, examination, and processing of IP registration applications, appeal, or requests for action against violations; and
Serious malpractice in the course of providing IP representative services, causing harm to the interests of the State or of society.

3.Increased Maximum Fine Thresholds imposed by Enforcement Officials

Decree 186 raises the maximum fines that individual enforcement officials are permitted to impose. Notable increases include:

Market Management Team Leaders: from VND 25 million to VND 75 million;
Customs Sub-Department Heads: from VND 25 million to VND 125 million; and
Provincial Police Directors: from VND 50 million to VND 250 million.

4.Clarified Authority to Issue Administrative Violation Records

Decree 186 expressly provides that inspectors, members of inspection teams, and officials of inspection agencies conducting inspections in the industrial property field are authorised to issue administrative violation records.

5.Clarified Formality Requirements and Clearer Timelines

Decree 186 clarify formality requirements, thereby reducing procedural friction for rights holders pursuing administrative enforcement actions and introduces greater clarity on enforcement timelines:

Simplified Power of Attorney: A Power of Attorney may now be submitted as a certified copy (certified from the original), rather than requiring the original document as previously mandated. This clarification reduces the administrative burden on rights holders and their representatives in enforcement proceedings.
Fine refund deadline: Where an administrative sanctioning decision is amended, annulled, or replaced in a manner that gives rise to an obligation to refund a fine, the refund must be processed within 15 days from the date of issuance of the amending, annulling, or replacement decision. This provides greater legal certainty for parties who have paid fines under decisions subsequently revised in their favour.

Practical Takeaways for IP Right Holders

Domain name infringement is now subject to more robust and time-bound remedies. If you hold industrial property rights being infringed via a domain name, you may request the competent authority to issue a sanctioning decision that includes the new blocking and revocation measures. Telecom operators and domain registrars are legally bound to act within prescribed timeframes.
The abolition of the MOST Inspectorate has been remedied. Enforcement of administrative sanctions in the industrial property field now sits with IP Vietnam’s Director General, and designated inspection team heads. Rights holders should direct administrative complaints and enforcement requests to these bodies going forward.
The significant increases in maximum fines imposed by market management, customs, and police officials reflect a stronger enforcement posture, facilitating the actions by such bodies.
Clarified formality requirements reduce procedural friction. Rights holders and their representatives may now submit certified copies of Powers of Attorney in administrative enforcement proceedings.

Conclusion

Decree 186 modernises the administrative enforcement framework for industrial property rights in Vietnam, addressing both substantive gaps identified by the Amending IP Law and structural changes arising from the recent reorganisation of Vietnam’s state administrative machinery. The amendments provide a clearer and more robust legal basis for the enforcement of industrial property rights through administrative channels.

Industrial property rights holders are encouraged to familiarise themselves with the updated enforcement landscape and to consider whether existing enforcement strategies should be reviewed in light of the new authorities, remedies, and procedural rules introduced by Decree 186, which will take effect on 15 July 2026.

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