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What Is Copyright Infringement? How Is It Penalized?

Are you wondering what constitutes copyright infringement and the legal consequences of such actions? This article will clarify the definition, common forms of copyright violations, and explain in detail how copyright infringement is penalized under Vietnamese law. From civil and administrative to criminal measures, you’ll gain a thorough understanding of the applicable penalties.

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What Is Copyright Infringement?

According to Article 28 of the current Intellectual Property Law of Vietnam, the following acts are considered copyright infringements of literary, artistic, and scientific works:

Infringement of Moral Rights

Falsely claiming authorship or misappropriating authorship.
Publishing or distributing a work without the author’s consent, even in cases of joint authorship.
Arbitrarily editing, cutting, or distorting a work in a way that harms the author’s honor and reputation.

Infringement of Economic Rights

Copying, using, or exploiting a work without the permission of the author or copyright holder.
Creating derivative works without the consent of the original copyright owner.
Renting, distributing, publishing, or communicating the work to the public by any means without authorization.
Using a work without paying royalties, fees, or other financial compensation as required.

Infringement of Technological Measures and Rights Management Information

Intentionally removing or bypassing technological protection measures established by the copyright owner.
Illegally deleting or altering electronic rights management information attached to the work.
Producing, distributing, importing, or exporting devices or tools intended to disable copyright protection measures.

Other Violations

Forging the author’s signature on a work.
Distributing, importing, or exporting copies of a work without the copyright owner’s permission.

Note: In certain cases, users may use published works without permission or payment if the use falls within the exceptions provided in Clause 1, Article 25 of the Intellectual Property Law. However, such use must respect the purpose and not infringe on the legitimate rights and interests of the author or copyright owner.

Ngoài ra người dùng có thể tham khảo thêm một số nội dung liên quan khác như:

How Is Copyright Infringement Penalized?

When a work is used without authorization, the copyright holder may seek legal remedies under civil, administrative, or criminal law, depending on the nature and severity of the infringement.

Civil Measures

Legal basis: Article 202, Intellectual Property Law 2005 (amended 2009)
The court may apply the following remedies:

Order the cessation of the infringing act
Require a public apology and correction
Compensate for damages
Fulfill civil obligations
Destroy or redistribute the infringing goods, materials, or means for non-commercial purposes

How Is Copyright Infringement Penalized?

Administrative Measures

Legal basis: Article 211, Intellectual Property Law 2005
Organizations and individuals committing any of the following acts may be subject to administrative penalties:

Committing IP infringements causing harm to authors, right holders, consumers, or society
Producing, importing, transporting, or trading counterfeit goods related to IP rights (as per Article 213)
Trading or storing counterfeit labels, packaging, or geographical indications

The Government provides specific regulations on administrative IP violations, penalty forms, fine levels, and procedures. Unfair competition in the IP field is also subject to administrative sanctions under competition laws.

According to Decree 131/2013/NĐ-CP, the fine levels for copyright and related rights violations are as follows:

Infringement Type	Fine (Individual, VND)	Fine (Organization, VND)
Omission or mislabeling of author/performer name	2,000,000 – 3,000,000	4,000,000 – 6,000,000
Unauthorized modifications harming reputation, deleting or altering RMI, impersonating performer	3,000,000 – 5,000,000	6,000,000 – 10,000,000
Unauthorized copying, distorting, public communication, derivative works, etc.	5,000,000 – 10,000,000	10,000,000 – 20,000,000
Unauthorized public performance, fake signature, commercial use of recordings	10,000,000 – 15,000,000	20,000,000 – 30,000,000
Producing/distributing devices that bypass protection, modifying broadcasts	10,000,000 – 20,000,000	20,000,000 – 40,000,000
Distributing unauthorized copies/performances	10,000,000 – 30,000,000	20,000,000 – 60,000,000
Using music/videos in karaoke, postal, or digital businesses without payment	15,000,000 – 25,000,000	30,000,000 – 50,000,000
Unauthorized online or broadcast transmission of works	15,000,000 – 30,000,000	30,000,000 – 60,000,000
Copying works without permission	15,000,000 – 35,000,000	30,000,000 – 70,000,000
Import/export illegal satellite decoding devices	20,000,000 – 30,000,000	40,000,000 – 60,000,000

Additional administrative penalties may include:

Confiscation, destruction, or re-export of infringing goods
Public corrections
Removal of unauthorized online/publicly disclosed works

Criminal Measures

Legal basis: Penal Code 2015 (amended 2017)

Violation	Individual	Organization
Unauthorized reproduction or distribution of protected works	Fine: 300M – 1B VND or imprisonment 6 months – 3 years	Fine: 300M – 1B VND
Aggravating factors (organized crime, repeat offense, profit ≥ 300M VND, damage ≥ 500M VND, infringing goods ≥ 500M VND)	Fine: 300M – 1B VND or imprisonment 6 months – 3 years	Fine: 1B – 3B VND or operational suspension for 6 months – 2 years

Additional penalties may include:

Fines from 20M to 200M VND
Bans from professional roles for 1–5 years
Organizational fines from 100M to 300M VND
Bans from certain industries or fundraising activities for 1–3 years

Suggested Violation Handling Procedure

Issue a Violation Notice to the unauthorized user.

If they continue the infringing act, the right holder may:

File a complaint to the authorities
Seek support from inspectors, market regulators, police, or court

How to Respond to Copyright Violation Penalties

Step 1: Analyze the Violation

Collect evidence
Determine if the act qualifies as infringement
Decide on next steps based on severity

Step 2: Send a Warning Letter

Request the violator to cease their actions
Allow for negotiation and avoid complex legal procedures
- If the violator complies and compensates → End process
  If not → Proceed to Step 3

Step 3: File a Complaint

Submit to relevant authorities per Article 200 of the IP Law
(e.g., courts, market regulators, customs, police, local governments)

Examples of Copyright Infringement

Unauthorized Use of a Work
Example: Ms. A authored “Folk Tet Paintings” and registered it with the Copyright Office in May 2020. In Tet 2021, a company used her images for advertising without permission or paying royalties. This is a violation of her economic rights.

Misappropriating Producers’ Rights
Example: A music distributor copied and distributed recordings without the producer’s consent or profit sharing, often through unlicensed platforms.

Photocopying Textbooks Without Permission
Example: Some university copy shops illegally duplicate textbooks for sale. This infringes on reproduction and distribution rights. Even reselling prohibited books can qualify as infringement.

In the digital age, copyright infringement not only harms creators but also exposes individuals and businesses to serious legal risks. Raising awareness, complying with the law, and proactively registering copyright are sustainable solutions for protecting intellectual property.
With years of experience in digital copyright, BH Media is proud to be a trusted partner supporting thousands of Vietnamese authors, artists, and businesses in registering, protecting, and monetizing their copyrights across digital platforms. Let BH Media help you build a secure, transparent, and sustainable content ecosystem.