In a rare move, the United States has taken a distinct position against intellectual property enforcement in Vietnam. In a recent 2026 Special 301 Report, the Office of the U.S. Trade Representative listed Vietnam as a “Priority Foreign Country,” the most severe classification under the statute.
The USTR has not used this classification for any country in over thirteen years. It is reserved for the worst IP-related acts, policies, or practices that most harm US products.
This update, therefore, marks a shift: IP concerns have evolved beyond trade friction into broader enforcement and policy discussions. For brands working with and in Vietnam, understanding this change is essential.
Vietnam’s Response
Vietnam’s response suggests it understands the stakes. Vietnamese authorities launched a multi-week nationwide enforcement campaign against counterfeit goods and online piracy. This response not only demonstrated good faith, but also increased detection of IP infringement and counterfeit imports by at least 20 percent in May.
Why This Matters for Brands & Rights Holders
With the United States as Vietnam’s largest export market—totaling $153 billion in 2025—pressure from Washington is intensifying. This makes IP enforcement a major factor in ongoing commercial and geopolitical negotiations.
As a result, today’s enforcement climate has direct implications for businesses in Vietnam. We are advising brands and rights holders that these developments have two distinct impacts.
First, a more aggressive enforcement climate can create opportunity. Companies fighting counterfeits, software piracy, or unauthorized content may find authorities more willing to act, at least for now.
Second, increased enforcement pressure like this tends to quickly expose weak spots in IP infrastructure. Companies should use these signals to finalize trademark filings, clean up ownership chains, and tighten manufacturing and distribution agreements.
The Minx Law Perspective
From the Minx Law perspective, this is the moment to get practical. We strongly recommend clients and partners with exposure in Vietnam to review trademark coverage, strategy, and anti-counterfeit protocols across all channels. Now is a prime time to revisit contracts between local partners, manufacturers, and distributors.
Whenever there is a shift from passive concern to aggressive enforcement, it is a cue for businesses to strengthen their position, identify where they are exposed, and develop a strategy to address potential infringements.
