Intellectual Property Enforcement in Vietnam: New Pressure from the USTR Section 301 Investigation

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On 29 May 2026, the United States Trade Representative (USTR) formally initiated an investigation into Vietnam under Section 301 of the Trade Act of 1974, concerning the protection and enforcement of intellectual property (IP) rights.

This follows the USTR's designation of Vietnam as a "Priority Foreign Country" in its 2026 Special 301 Report, citing concerns over counterfeit goods, digital copyright infringement, and the effectiveness of IP enforcement.

Why should businesses pay attention?

While the investigation targets policy at the national level, its effects may extend to the broader business community in Vietnam.

What should businesses review?

The investigation focuses on counterfeit goods, digital copyright infringement, and IP enforcement effectiveness — making this a timely moment for businesses to review:

• Whether the software currently in use is properly licensed
• Whether the use of music, images, or materials for commercial purposes has been duly authorized by the rights holders
• Whether the supply chain carries any risk of counterfeit goods or IP-infringing products
• Whether the business has adequate measures in place to protect and enforce its own IP rights

Taking proactive steps now will help businesses reduce legal exposure and strengthen their position when engaging with partners, clients, or government authorities.