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Overview
Vietnam’s rapid digital transformation and increasing use of artificial intelligence technologies have created new legal and commercial challenges in the field of copyright protection. As businesses continue integrating AI systems into content creation, data analysis, and online services, concerns regarding ownership, infringement risks, and platform liability have become increasingly important. In response to these developments, the Vietnamese Government issued Decree No. 134/2026/ND-CP to amend and supplement the existing copyright framework under Decree No. 17/2023/ND-CP. The new Decree introduces significant updates relating to AI-assisted creation, use of copyrighted materials for AI training, and responsibilities of intermediary digital platforms.
The amendments reflect Vietnam’s effort to modernize its intellectual property regime while balancing technological innovation with protection of authors and rights holders. At the same time, the changes also create additional compliance obligations and practical risks for businesses operating in Vietnam’s digital economy.
Copyright Protection for AI-Assisted Works
One of the most notable developments under Decree 134 is the clarification regarding copyright protection for AI-assisted works. Under the new framework, copyright may still arise where AI systems are used as supporting tools, provided that there is significant human contribution during the creative process.
The Decree emphasizes that human involvement must go beyond simply pressing a button or generating automatic outputs. Instead, the creator must exercise meaningful control over the work, such as preparing original input materials, formulating prompts, selecting and editing outputs, determining the structure of the final work, and making artistic or professional judgments. In other words, the resulting work must reflect human creativity rather than purely algorithmic generation.
By contrast, works generated entirely by AI systems without sufficient human intervention may not qualify for copyright protection under Vietnamese law. This distinction is particularly important because businesses are increasingly relying on generative AI tools for marketing materials, designs, written content, and software development. If the human contribution threshold cannot be demonstrated, ownership rights may become uncertain and difficult to enforce.
The Decree also places a practical burden on creators and rights holders to preserve evidence of their creative involvement. In practice, companies may need to maintain records of prompts, drafts, edit history, approvals, and internal creative processes to substantiate ownership claims in future disputes or registration procedures. Applications involving AI-assisted works may additionally require declarations explaining how AI systems were used during the creation process.
From a compliance perspective, businesses should carefully review their internal content creation policies and contractual arrangements with employees, designers, and contractors. Clear provisions relating to ownership of AI-assisted outputs, non-infringement obligations, and record-keeping responsibilities may help reduce future legal uncertainty.
Use of Copyrighted Materials for AI Training
Another significant area addressed under Decree 134 concerns the use of copyrighted text and data for AI training and machine learning activities. The Decree allows certain use of protected materials for scientific research, experimentation, and AI training, but only under strict legal conditions.
According to the new provisions, the materials used for AI training must be lawfully published and obtained from legitimate sources. In addition, users may not circumvent technological protection measures in order to access copyrighted content. The permitted use is also limited to non-commercial purposes and must not conflict with the normal exploitation of the protected works or unreasonably prejudice the legitimate interests of authors and rights holders.
Importantly, the Decree further recognizes the right of authors and rights holders to reserve their rights against the use of their works for AI training purposes. Such reservations may be made through metadata, technological protection measures, machine-readable notices, or public announcements. This means that businesses cannot automatically assume that publicly accessible online materials are freely available for AI development activities.
These provisions demonstrate Vietnam’s cautious approach toward balancing AI innovation with copyright protection. While the law provides limited exceptions for research and experimentation, the overall framework still prioritizes protection of rights holders and lawful use of content. Businesses involved in AI model training, data scraping, or fine-tuning activities should therefore conduct careful legal review of training datasets and evaluate whether their intended use falls within the permitted scope under Vietnamese law.
In practice, compliance may become particularly challenging because global AI development often involves large-scale automated collection of online content from multiple jurisdictions. As enforcement practice in Vietnam continues evolving, businesses operating cross-border AI systems may face increasing pressure to strengthen internal governance and documentation regarding data sourcing and licensing.
Expanded Responsibilities for Digital Platforms
Decree 134 also introduces broader obligations for intermediary service providers and digital platforms operating in Vietnam. The revised framework expands the definition of intermediary service providers to include online social networks, e-commerce platforms, and other intermediary digital services.
Under the new rules, platform operators may be required to block and remove infringing content, disable infringing services or applications, and comply with additional obligations under cybersecurity and e-commerce regulations. These obligations are closely linked to the availability of liability exemptions under Vietnam’s Intellectual Property Law.
The amendments suggest that Vietnam is gradually shifting from a passive “notice-and-takedown” approach toward a more proactive compliance model. Rather than waiting for complaints from rights holders, platforms may increasingly be expected to implement practical measures to detect, prevent, and reduce repeated infringement activities on their systems.
For online marketplaces and digital service providers, this may require strengthening seller onboarding procedures, improving internal monitoring systems, preserving evidence of infringement, and establishing clearer repeat infringer policies. Businesses operating digital platforms should also review their reporting channels, escalation procedures, and content moderation practices to ensure compliance with the evolving legal framework.
The expansion of platform obligations reflects broader global trends in online copyright enforcement. As digital commerce and user-generated content continue growing rapidly, regulators are placing greater responsibility on platforms to participate actively in intellectual property protection efforts.
Conclusion
Decree No. 134/2026/ND-CP represents an important step in Vietnam’s effort to modernize its copyright framework in response to emerging AI technologies and digital business models. The new regulations provide greater clarity regarding AI-assisted creation, use of copyrighted materials for AI training, and obligations of intermediary digital platforms. At the same time, the amendments also introduce additional compliance expectations and operational risks for businesses.
In light of these developments, businesses operating in Vietnam should proactively review their internal compliance practices, contractual arrangements, and digital governance measures. Maintaining proper documentation, strengthening platform enforcement procedures, and carefully evaluating AI-related activities may become increasingly important to reduce legal exposure and support future enforcement or registration efforts. As Vietnam’s enforcement practice continues evolving, businesses should closely monitor future regulatory guidance and developments relating to AI and copyright compliance.