Vietnam is among countries with the highest rate of software piracy in the world, although the rate has reduced from 92% in 2004, to 81% in 2011, 78% in 2015 according to the report of BSA, The Software Alliance that promote legal software use and advocates for public policies that foster technology innovation and drive growth in the digital economy. Computer software is protected as literary works, one of types of works eligible for copyright protection...

1. Measures to Prevent and Ensure Administrative Sanctions
of Software Piracy in Vietnam
Vietnam is among countries with the highest rate of software piracy in the world,
although the rate has reduced from 92% in 2004, to 81% in 2011, 78% in 2015 according
to the report of BSA, The Software Alliance that promote legal software use and
advocates for public policies that foster technology innovation and drive growth in the
digital economy.
Computer software is protected as literary works, one of types of works eligible for
copyright protection in accordance with Article 14 of Vietnam law on intellectual
property 2005, amended and supplemented in 2009. Unlicensed software is unauthorized
use or distribution of copyrighted software. Copyright infringements include publishing,
distributing, copying, using, leasing out, duplicating, importing, exporting a work without
permission from the author or copyright holder according to Article 28 of Vietnam law
on intellectual property 2005, amended and supplemented in 2009.
The government of Vietnam has been striving to coordinate between ministries to
increase awareness and encourage the software license compliance. Further, Ministry of
Culture, Sports and Tourism has coordinated with Ministry of Public Security to increase

2. frequency of inspecting the software license compliance in Vietnam as part of intellectual
property right enforcement effort.
According to the provisions of Article 215 of the 2005 Intellectual Property Law, there
are measures under the law of Vietnam to prevent and secure administrative sanctions.
In the following cases, organizations and individuals may request Vietnam competent
agencies to apply preventive measures and ensure administrative sanction as provided for
in Clause 2, Article 215 of the 2005 Intellectual Property Law:
-An act of infringement of intellectual property rights is likely to cause serious loss and
damage to consumers or society;
-Material evidence of the infringement is likely to be dispersed or there are indications
that the offender will evade responsibility;
In order to secure enforcement of a decision imposing an administrative penalty,
preventive measures and/or measures to secure enforcement of administrative penalties
which may be applied in accordance with administrative procedures to acts
of infringement of intellectual property rights shall comprise:
-Temporary detention of persons;
-Temporary custody of infringing goods, material evidence and facilities;
-Body searches;
-Searches of means of transport and objects; searches of places where infringing goods,
material evidence and facilities are hidden;
-Other administrative preventive measures in accordance with the law on dealing with
administrative breaches.
Our software piracy lawyers in Vietnam at ANT Lawyers always monitor legal
regulations to update our clients with changes and provide the best service.