AsemconnectVietnam - According to newly issued regulations, the Government has added several measures to penalize violations of industrial property rights.

The Government has issued Decree No. 186/2026/ND-CP amending and supplementing several articles of Decree No. 99/2013/ND-CP dated August 29, 2013, of the Government on administrative penalties in the field of industrial property rights, which has been amended and supplemented by Decree No. 126/2021/ND-CP dated December 30, 2021, and Decree No. 46/2024/ND-CP dated May 4, 2024, of the Government (Decree No. 99/2013/ND-CP).
Accordingly, Decree No. 186/2026/ND-CP amends and supplements point a, clause 3, Article 3 of Decree No. 99/2013/ND-CP on remedial measures, adding the measure of "blocking access to domain names infringing industrial property rights" in addition to measures such as "compulsory return" or "revocation".
Specifically, it mandates the removal of infringing elements from goods and business equipment; the return of domain names; the revocation of domain names; the blocking of access to domain names infringing industrial property rights; the mandatory change of business names and household business names; and the removal of infringing elements from business names and household business names.
Decree No. 186/2026/ND-CP amends and supplements Article 30 of Decree No. 99/2013/ND-CP on the principles of penalties and procedures for administrative penalties in the field of industrial property; and amends and supplements clauses 2 and 3. Article 31 of Decree No. 99/2013/ND-CP on the implementation of penalty decisions and enforcement of penalty decisions.
Regarding Clause 3 on remedial measures requiring the return of domain names, Decree No. 186/2026/ND-CP has amended and supplemented it to provide more specific and stringent regulations on remedial measures for infringing domain names. The new regulation replaces the phrase "return the domain name" with "refund the domain name," and clearly defines the responsibilities of relevant agencies and organizations in recovering domain names and adds the obligation to report the results of domain name recovery within 10 days of completion of the recovery.
Notably, Decree No. 186/2026/ND-CP adds Clause 3a after Clause 3 on remedial measures to prevent access to domain names infringing industrial property rights.
Accordingly, in cases where the competent state agency issuing administrative penalties for violations, etc. In the event that a decision is made to block access to a domain name infringing on industrial property rights, within 5 days of receiving the decision, the telecommunications enterprise is responsible for applying necessary technical measures to block access to the domain name on the Internet in Vietnam and sending a written report of the results to the issuing authority within 10 days after completing the blocking of access to the domain name.
In the event that the competent authority issues a decision to restore access to the domain name, the telecommunications enterprise is responsible for restoring access to the domain name on the Internet in Vietnam within 3 days of receiving the decision to restore access to the domain name and sending a written report to the issuing authority within 10 days after completing the restoration of access.
Furthermore, Decree No. 186/2026/ND-CP has detailed the authority to impose penalties for each position belonging to various enforcement forces under the relevant Ministries, sectors, and agencies: Ministry of Science and Technology The authority to impose fines on the heads of specialized enforcement forces includes: Art, Market Management, Customs, Police; Chairpersons of People's Committees at all levels; and Directors of Departments of Science and Technology. This includes very high fines, up to 250,000,000 VND.
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Source: VITIC/congthuong.vn