AsemconnectVietnam - The Government has just issued Decree No. 186/2026/ND-CP amending and supplementing several articles of Decree No. 99/2013/ND-CP on administrative sanctions in the field of industrial property to improve the legal basis and enhance the effectiveness of management and enforcement of industrial property rights in the new situation.

The principles of sanctions and procedures for administrative sanctions in the field of industrial property amended
The Government has issued Decree No. 186/2026/ND-CP amending and supplementing a number of articles of Decree No. 99/2013/ND-CP dated August 29, 2013 of the Government stipulating sanctions for administrative violations in the field of industrial property, 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 (hereinafter referred to as Decree No. 99/2013/ND-CP).
Specifically, 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, by adding the measure of "blocking access to domain names infringing industrial property rights" in addition to measures such as "compulsory return" or "revocation". Specifically:
"a) Compulsory removal of infringing elements on goods and business means; compulsory return of domain names; compulsory revocation of domain names; blocking access to domain names infringing industrial property rights; compulsory change of enterprise name, household business name; Remove the infringing element from the business name, household business name;".
Amendments to the principles of penalties and procedures for administrative violations in the field of industrial property
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 violations in the field of industrial property.
Accordingly, when an administrative violation in the field of industrial property is detected, the competent authority and the civil servants and officials performing their duties have the authority to draw up a record of the administrative violation.
Each administrative violation shall only be penalized once. In cases where multiple organizations or individuals commit the same administrative violation, each violating organization or individual shall be penalized for that violation. In cases where an organization or individual commits multiple administrative violations or commits an administrative violation multiple times as prescribed in this Decree, they shall be penalized for each violation. Each violation.
The determination of whether an administrative violation has ended or is ongoing, for the purpose of calculating the statute of limitations for administrative penalties, shall be carried out in accordance with Clause 1, Article 8 of Government Decree No. 118/2021/ND-CP dated December 23, 2021, detailing some articles and measures for implementing the Law on Handling Administrative Violations, as amended and supplemented by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.
The handling of administrative violations concerning industrial property rights in the electronic environment shall be carried out when the conditions regarding infrastructure, technology, information, and requirements as stipulated in Article 18a of the Law on Handling Administrative Violations are ensured.
The procedures for imposing administrative penalties shall be carried out in accordance with Section 1, Chapter III of the Law on Handling Administrative Violations.
Additional measures to prevent access to infringing domain names shall be included. Industrial Property Rights Violation
Decree No. 186/2026/ND-CP amends and supplements Clauses 2 and 3 of Article 31 of Decree No. 99/2013/ND-CP on the enforcement of penalty decisions and coercive enforcement of penalty decisions. Specifically:
Regarding Clause 2 on remedial measures requiring the change of business name or the removal of infringing elements in the business name, Decree No. 186/2026/ND-CP has amended and supplemented it to expand the scope of application from businesses to household businesses for the measure of requiring the change of name or removal of infringing elements in the name. At the same time, it adds the responsibility to report the results of implementation after the name change, and strengthens the coordination mechanism between the penalty-issuing agency and the business registration agency. Notably, the new regulation also adds the responsibility to handle cases where business names or household businesses infringe on industrial property rights to improve the effectiveness of management and protection of rights.
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," while clearly defining the responsibilities of relevant agencies and organizations in recovering domain names and adding 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.
CK
Source: VITIC/tapchicongthuong.vn