Vietnam Advances Intellectual Property Rights as Capital and Loan Collateral Under New Legal Framework

HÀ NỘI — Intellectual property rights in Vietnam are gaining recognition as valuable economic assets that can be leveraged for capital contributions, loan collateral, and commercial transactions, following the implementation of new regulations, government officials and experts have confirmed.

Nguyễn Văn Bảy, deputy director general of the Intellectual Property Office of Việt Nam, explained that the country’s intellectual property framework is undergoing comprehensive reform. This follows the entry into force of Law No 131/2025/QH15, which amends the Law on Intellectual Property, alongside Decree No 100/2026/NĐ-CP and Circular No 10/2026/TT-BKHCN.

These measures signify a strategic shift from primarily protecting intellectual property rights to unlocking their economic value. Under the new legal framework, intellectual property rights—including patents, trademarks, and creative works—can now be used as capital contributions, serve as collateral for loans, and participate in civil and commercial transactions.

To support these developments, the State plans to establish a database of transaction prices. This initiative aims to improve market transparency and facilitate the valuation, transfer, and commercialization of intellectual property assets.

By enabling IP rights to become more tangible business assets, the reforms are expected to help companies raise capital, expand markets, and enhance competitiveness through clearer valuation and transaction mechanisms.

The updated framework also strengthens intellectual property protection within the digital environment. It introduces additional civil remedies, clarifies the responsibilities of digital platform operators, increases compensation for damages, and enforces stronger measures against infringing goods.

These enhancements respond to the growing complexity of intellectual property infringement as business operations, distribution, and content consumption increasingly shift online.

Digital transformation remains a core focus of the reforms. Authorities are streamlining procedures for receiving and processing IP applications and integrating technology and artificial intelligence into professional operations.

National databases on industrial property are being developed to reduce processing times and improve service quality for businesses and the public.

The regulations also address the complex intersection between intellectual property rights and artificial intelligence. They seek to protect works involving substantial human contribution while permitting reasonable use of data for AI training.

Officials emphasized the importance of balancing the protection of creators’ legitimate interests with avoiding restrictions that could impede research and technological development.

Phạm Nghiêm Xuân Bắc, president of the Vietnam Intellectual Property Association, highlighted the need for direct guidance and dialogue from the Intellectual Property Office. Such engagement is crucial to ensuring consistent understanding and application of the new rules nationwide.

He also advocated for training programs to provide platforms where regulators, experts, and practitioners can discuss practical challenges and resolve differing interpretations of the regulations.

The association pledged to continue collaborating with the Intellectual Property Office to offer practical input on the legal framework and enhance enforcement.

Officials and experts agreed that effective implementation at the local level will be vital. Transparent protection and trading of intellectual property rights will enable them to become reliable sources of financing and productive assets for businesses and innovation.