HANOI - Decree 100/2026/ND-CP stipulates the establishment of an automated system for detecting and handling intellectual property violations, while also supplementing mechanisms for managing, exploiting, and quickly evaluating patent and trademark applications, according to Vietnam.vn - A platform for promoting Vietnam.

The Government has issued Decree No. 100/2026/ND-CP amending and supplementing a number of articles of Decree No. 65/2023/ND-CP dated August 23, 2023, detailing the implementation of the Law on Intellectual Property regarding industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property.

This Decree simultaneously amends and supplements the regulations already adjusted in Decree No. 15/2026/ND-CP dated January 14, 2026 and Decree No. 33/2026/ND-CP dated January 21, 2026 of the Government.

Supplementing regulations on the management and exploitation of intellectual property rights.
Decree No. 100/2026/ND-CP supplements Article 9a (after Article 9) regulating the management and exploitation of intellectual property rights.

Accordingly, intellectual property rights holders are responsible for compiling and maintaining a list of intellectual property rights that are not yet eligible for recognition as assets in the accounting books as prescribed by accounting law. This list serves many internal management purposes such as:

- Managing and monitoring the legal status of intellectual property rights.

- To serve as a basis for valuation and determining value in civil and commercial transactions.

- Demonstrate the company's resources, reputation, and potential to partners and investors.

- Develop a strategy for exploiting intellectual property rights.

And other legitimate purposes as prescribed.

This catalog can be created in paper or electronic form, and includes basic information such as:

- Subject matter of intellectual property rights.

- Legal status (basis for establishing the right).

- Duration of protection.

- Deadlines for fulfilling fee and charge obligations (if any).

- Information about the author and co-authors.

- Origin (self-made, inherited, gifted, etc.).

Automated detection and handling of cyber violations.
One notable point is that the Decree adds Article 9d (following Article 9d) on automating processes and operations for protecting intellectual property rights.

According to regulations, competent authorities will invest in, build, and deploy automated systems for controlling, detecting, and handling intellectual property infringement, with the aim of achieving the following objectives:

- Automatically detect, monitor, and track cyber violations through digital technology , big data analytics, and behavioral analysis.

- Handle violations within your authority, including requesting the removal of infringing content, suspending or restricting the activity of the infringing account.

- Coordinate the handling of cases involving foreign elements through international cooperation and networking mechanisms.

In addition, the system must also ensure:

- Clearly define access permissions.

- Save the operation log.

- Conduct periodic system quality checks.

These requirements are intended to prevent data falsification or the risk of tampering.

Supplementing the mechanism for expedited examination of patents and trademarks.
In addition, the Decree also adds Article 14a (following Article 14b) stipulating the expedited examination of patent and trademark applications.

Specifically, patent applications are subject to expedited examination within the time limit stipulated in Clause 2a, Article 119 of the Intellectual Property Law when all the following conditions are met:

- Belongs to the category of strategic technologies, strategic technology products, or serves emergency situations related to security, defense, natural disasters, and epidemics.

- It has been commercially exploited.

- Early publication is required at the time of application.

- There are no more than 10 claims for protection, of which no more than 2 are independent.

- This is not a split order or a conversion order.

Decree 100/2026/ND-CP is expected to complete the legal framework and promote the application of technology in protecting intellectual property rights, especially in the context of increasing infringements in the digital environment.

(Source: https://www.vietnamplus.vn/trien-khai-he-thong-tu-dong-hoa-phat-hien-xu-ly-vi-pham-quyen-so-huu-tri-tue-post1102816.vnp