The test of IP enforcement credibility

Vietnam's designation as a priority foreign country (PFC) in the United States Trade Representative Office's 2026 Special 301 Report has brought renewed attention to intellectual property (IP) enforcement within the broader trade and investment relationship between Vietnam and the United States.

- By Manh Hung Tran Managing partner, BMVN and Anh Thu Nguyen Associate, BMVN

As the only country placed in this category, Vietnam faces the possibility of a formal US investigation under Section 301 of the Trade Act, with potential trade implications.

The designation comes at a time when Vietnam has emerged as one of the United States’ most important trading partners, underpinned by strong export growth in electronics, garments, footwear, and other manufactured goods. As Vietnam’s role in global supply chains deepens, IP enforcement is increasingly viewed not only as a compliance issue, but also as an element shaping market confidence, supply chain resilience, and long-term trade sustainability.

Notably, Vietnamese authorities have responded promptly and decisively. On May 5, the Government Office directed ministries, central agencies, and provincial authorities to intensify efforts to combat, prevent and handle IP rights violations nationwide.

It mandated a concentrated enforcement campaign across May 7-30, with instructions that all violations be addressed strictly and without exception. It explicitly references prior government policy instruments, including legislation issued in December 2025 and the following month, framing the campaign as part of an ongoing enforcement trajectory rather than an isolated response.

Under the directive, the Ministry of Science and Technology is designated as the central coordinating authority, responsible for consolidating enforcement data and reporting weekly to the prime minister. The Ministry of Public Security is tasked with investigating and prosecuting serious infringement cases, including dismantling high-traffic piracy websites distributing films, music, software and online games in both Vietnamese and foreign languages.