The Government issued Decree No. 100/2026/NĐ-CP amending and supplementing a number of articles of Decree No. 65/2023/NĐ-CP dated 23 August 2023 of the Government detailing a number of articles and measures for implementing the Law on Intellectual Property on industrial property, protection of industrial property rights, rights to plant varieties, and state management of intellectual property, as amended and supplemented by Decree No. 15/2026/NĐ-CP dated 14 January 2026 and Decree No. 33/2026/NĐ-CP dated 21 January 2026 of the Government.

Supplementing regulations on management and exploitation of intellectual property rights

Decree No. 100/2026/NĐ-CP adds Article 9a on management and exploitation of intellectual property rights after Article 9 as follows:

" Article 9a. Management and exploitation of intellectual property rights

1. Intellectual property right holders shall establish and maintain a List of intellectual property rights that do not yet meet the conditions for recognition as assets in accounting books in accordance with accounting law for the following internal management purposes:

a) Managing and monitoring the legal status of intellectual property rights;

b) Serving as a basis for valuation and determining the value of intellectual property rights in civil transactions, commercial business transactions, and other lawful purposes;

c) Providing information to demonstrate the resources, reputation, and potential of enterprises to partners and investors;

d) Developing strategies for the exploitation of intellectual property rights;

đ) Other activities not prohibited by law.

2. The List of intellectual property rights specified in Clause 1 of this Article shall be prepared in paper or electronic form, including the following basic information:

a) Subject of intellectual property rights;

b) Legal status of intellectual property rights (basis for establishment and recognition of rights); protection term; deadlines for fee and charge obligations (if any), etc.;

c) Information on authors and co-authors;

d) Origin (self-created, inherited, gifted, etc.);

đ) Direct costs related to creation, registration, and establishment of rights;

e) Status of use and exploitation (self-exploitation, licensing, etc.); revenue generated from use and exploitation (if any);

g) Estimated value (provided by valuation organizations/experts or internal estimation) (if any).

3. The establishment of the List of intellectual property rights specified in Clause 1 of this Article shall not replace obligations for recording and presenting financial statements in accordance with accounting law.

4. Intellectual property right holders shall review and update the List of intellectual property rights specified in Clause 1 of this Article annually or when there are changes in the legal status or value of intellectual property rights.

5. Ministries, sectors, and local authorities, within their functions and duties, shall implement activities to encourage organizations and individuals concerned to exploit intellectual property rights, including using intellectual property rights as capital contribution or collateral for loans in accordance with law; provide support for valuation of intellectual property rights created from state budget funds; intellectual property rights in strategic technology, high technology, and green technology sectors; and intellectual property rights of SMEs and innovation startups based on intellectual property rights in line with sectoral and local development strategies; promote the formation and development of intermediary organizations supporting the development, exploitation, and use of intellectual property rights."

Automation of processes and procedures for protecting intellectual property rights

At the same time, Decree No. 100/2026/NĐ-CP also adds Article 9đ on automation of processes and procedures for protecting intellectual property rights after Article 9d as follows:

" Article 9đ. Automation of processes and procedures for protecting intellectual property rights

1. Intellectual property protection agencies, in accordance with legal regulations and based on assigned functions and tasks, shall invest in, develop, and implement automated systems for processes and procedures in controlling, detecting, and handling intellectual property infringement, with the following objectives:

a) Automatically detecting, monitoring, and tracking intellectual property infringement on cyberspace through the application of digital technology, big data analytics, and behavior analysis;

b) Handling intellectual property infringement on cyberspace within their authority, including requesting removal of infringing content, suspending or restricting infringing accounts, and coordinating the handling of cross-border cases through international cooperation mechanisms and treaties to which Viet Nam is a party;

c) Access control, logging operations, and periodic system quality checks to prevent errors or interference.

2. Intellectual property protection agencies shall strengthen investment in science, technology, and digital transformation in protection processes and procedures in order to improve prevention, detection, and handling of intellectual property infringement.

3. The scope of automation includes receiving and classifying information and cases; comparing intellectual property data in databases; alerting, statistics, reporting; supporting data extraction for inspection and handling; and other related activities.

4. The results of automation in protecting intellectual property rights are data or professional recommendations and do not replace the authority or responsibility of competent agencies or individuals in intellectual property protection."

Rights to industrial property subject matter created using artificial intelligence systems

In addition, Decree No. 100/2026/NĐ-CP also adds Article 10a on rights to industrial property subject matter created using artificial intelligence systems after Article 10 as follows:

" Article 10a. Rights to industrial property subject matter created using artificial intelligence systems

1. Industrial property rights to inventions, industrial designs, and layout designs created by humans using artificial intelligence systems shall only be established in accordance with Point a, Clause 3, Article 6 of the Law on Intellectual Property if humans make a substantial contribution to the creation of such subject matter.

A person who makes a substantial contribution to the creation of inventions, industrial designs, or layout designs using artificial intelligence systems shall be considered the author in accordance with Clause 1, Article 122 of the Law on Intellectual Property.

2. A human is considered to have made a substantial contribution if all of the following activities are performed:

a) Identifying the problem to be solved, including the idea of the solution, not merely describing the problem in general terms;

b) Selecting input data, objectives, constraints, and parameters from human creative ideas, not relying solely on available data or automatic AI suggestions;

c) Evaluating, selecting, refining, testing (if any), and interpreting outputs generated by the AI system, where refinement must change the structure or core function of the AI output to create new value;

d) Deciding the final result as an invention, industrial design, or layout design to be protected.

3. For inventions, industrial designs, and layout designs created using AI systems that do not meet the provisions in Clauses 1 and 2 of this Article, the creator has the right to use and allow others to use such subject matter provided that it does not infringe upon the lawful rights and interests of other organizations and individuals.

4. Industrial property rights to trademarks, trade names, geographical indications, and trade secrets created using artificial intelligence systems shall be protected if they meet the conditions prescribed by intellectual property law."

Conditions for expedited substantive examination of patent and trademark applications

In addition, Decree No. 100/2026/NĐ-CP also adds Article 14a on expedited substantive examination of patent and trademark applications after Article 14b as follows:

" Article 14a. Expedited substantive examination of patent and trademark applications

1. Patent applications shall be substantively examined under an expedited procedure within the time limit specified in Clause 2a, Article 119 of the Law on Intellectual Property if all of the following conditions are met:

a) The invention belongs to the List of strategic technologies and strategic technology products under high technology law, or is researched and exploited for emergency situations related to national security, defense, natural disasters, or epidemics;

b) The invention in the application has been commercially exploited;

c) The application includes a request for early publication submitted at the time of filing;

d) The application contains no more than 10 claims, including no more than 2 independent claims;

đ) The application is not a divisional or converted application;

e) Payment of expedited examination fees as prescribed.

2. Trademark applications shall be substantively examined under an expedited procedure within the time limit specified in Clause 2a, Article 119 of the Law on Intellectual Property if all of the following conditions are met:

a) The trademark application falls under one of the following cases:

a1) The trademark is used for goods produced under inventions belonging to the List of strategic technologies and strategic technology products under high technology law, or inventions researched and exploited for emergency situations related to national security, defense, natural disasters, or epidemics;

a2) The trademark registration certificate is one of the required documents or mandatory conditions for the applicant to carry out registration or licensing procedures to conduct production and business activities in accordance with law.

b) The trademark application is filed directly with the state management agency for industrial property rights (not an international application under Article 120 of the Law on Intellectual Property);

c) The trademark in the application is not a collective mark, certification mark, three-dimensional mark, or sound mark;

d) In case the application covers multiple goods or services, the condition in Point a must be satisfied for all goods and services listed;

đ) Payment of expedited examination fees as prescribed.

3. Requests for expedited substantive examination must be made in writing according to the prescribed form and submitted at the same time as the patent or trademark application.

4. Patent and trademark applications with expedited examination requests shall continue to be processed under the normal time limits specified in Points a and b, Clause 2, Article 119 of the Law on Intellectual Property in the following cases:

a) The expedited examination request does not meet the conditions specified in Clauses 1 and 2 of this Article;

b) Disputes, complaints, or oppositions arise under Article 112a of the Law on Intellectual Property regarding the application;

c) The sign in the expedited trademark application is identical or similar to a prior application still pending resolution that has an earlier filing date or priority date;

d) The applicant voluntarily amends, supplements, or divides the application after requesting expedited examination.

5. The Minister of Science and Technology shall prescribe the form of expedited examination request and detailed procedures for receiving and processing such requests for patent and trademark applications."