1. THE CHALLENGES OF RESOLVING “.VN” DOMAIN NAME DISPUTES IN VIETNAM
Truong Quoc Viet, Associate – Indochine Counsel
In Vietnam, the first “.vn” domain name was registered in 1997 and the quantity of “.vn” domain
names has rapidly increased and achieved 286,561 registered items in September 2014
(Source: APTLD Member Statistics and Growth Report in September 2014). The more domain
names exist, the more disputes arise, but there are not many cases regarding “.vn” domain
name disputes which have been absolutely resolved. This article will provide analyses to clarify
some challenges of resolving “.vn” domain name disputes in Vietnam.
Generally, the resolution result of a “.vn” domain name dispute is determined by a written
agreement between the related parties or decision of the competent authorities and will be
executed by the Vietnam Internet Network Information Center (“VNNIC”) under the Ministry of
Information and Communications (“MIC”). There are two groups of solutions of resolving “.vn”
domain name disputes, which are provided in two main branches of law on Information
Technology and Intellectual Property.
The Law on Information Technology dated 29 June 2006 and its guiding Circular No.
10/2008/TT-BTTT dated 24 December 2008 provide three resolution solutions, namelyamicable
settlement, arbitration remedies and civil remedies, as mentioned below.
Amicable Settlement
The parties in a dispute negotiate with each other may negotiate and reach an amicable
agreement regarding the domain name in question. The amicable agreement will be sent to the
registrar of such domain name or VNNIC for execution.
In fact, it is difficult to reach an amicable agreement because the requested party holding the
domain name in question often does not have the goodwill to negotiate with the requesting
party. In most cases, the requested party always demands an unreasonable large fee for
transferring the domain name in question. If the requesting party does not accept that proposal,
the requested party can stop the negotiation and the case will come to a standstill.
Arbitration Remedies
Both of the parties can agree to resolve the “.vn” domain name dispute at a valid arbitration
center via arbitration procedure. This solution is quite similar to rules of Uniform Domain Name
Dispute Resolution Policy (“UDRP”) when the dispute will be considered by a panel and the
decision on resolution made by this panel is the final judgment. However, by contrast, there are
two different conditions, including(i) the dispute must have arisen in commercial activities; and
(ii) both parties must establish a written document stating their unanimity in resolving the dispute
via arbitration procedure.
The above condition (i) has limited the number of disputes which can be resolved via arbitration
procedure, and the condition (ii) in practice may make this solution become mostly impossible

2. because the requested parties have to agree on resolving via arbitration procedure when they
know that it takes more time and there is an increased risk of losing the domain name in
question.
Civil Remedies
Each party can file a lawsuit against the other at a competent court. Normally, the party holding
the domain name in dispute is the defendant and the other is the complainant. The advantage of
this solution is the court can make a judgment regardless of the non-cooperation or the absence
of the defendant.
In fact, engaging in any litigation always involves a lot of time and cost. In Vietnam, it may takes
from six months to over two years to complete a common litigation and reach a judgment at the
first hearing. It will take even more time if this judgment is appealed and must be considered at
the upper level courts.
One more solution provided under the Law on Intellectual Property
It is noted that the branch of law on Intellectual Property has other independent regulations
which consider the registering and using of a disputed domain name that causes damage to the
goodwill and reputation of protected trademarks, trade names or geographical indicators as
unfair competition. Therefore, in addition to three solutions mentioned above, there is one more
resolution solution provided in the amended Law on Intellectual Property, Decree No.
99/2013/ND-CP, dated 29 August 2013, and Circular No. 11/2015/TT-BKHCN, dated 26 June
2015, namely administrative remedies.
According to the above legal documents on intellectual property, the complainant can submit a
request for handling administrative violation comprising the evidence against the party holding a
disputed domain name to the inspectorates in the field of science and technology or information
and communication. The competent inspectorates will consider the request and if the requested
activities are considered as unfair competition, they can unilaterally impose administrative
sanctions comprising a monetary fine and request for return of the disputed domain dispute to
VNNIC. It is the opportunity for the complainant to register this domain name and completely
resolve the dispute. Compared to other solutions, the administrative remedies applied for
resolving “.vn” domain name disputes seem to be the most useful and effective solution.
In fact, current regulations on administrative remedies do not provide interim injunctions such as
maintaining the status quo or the prohibition of transferring the disputed domain name to a new
holder and changing the registrar of the disputed domain name. It can cause a resolution via an
administrative proceeding to be stopped if there is a major change of status quo during such
proceedings. Additionally, when the offending party does not voluntarily return the disputed
domain name, it is also difficult to coerce them into obedience via VNNIC. The State authority,
however, have full powers to do so, because administrative remedies are contrary to regulations
on technology information, therefore VNNIC refuses to implement them. Although the
inspectorates have made much effort to handle “.vn” domain name disputes and issue decisions
on sanctioning administrative violations, many of them are pending at VNNIC. There are a few

3. exceptions after lodging appeals against VNNIC to force them to implement the inspectorates’
decisions. In order to deal with the contradictions between two branches of law, MIC and MOIT
are working together to issue a joint circular in respect of an effective “.vn” domain name dispute
resolution.
The foregoing information illustrates an outline of remedies for resolving “.vn” domain name
disputes in Vietnam. All of them have obstacles and disadvantages to be smoothly and
effectively executed. In practice many disputes over international domain names which have
similar essence with “.vn” domain name disputes have been successfully resolved via UDRP or
other international dispute resolution policies. So recognizing UDRP or other suitable policies
can be a good solution to overcome most of the current challenges for resolving “.vn” domain
name disputes in Vietnam.