On the afternoon of May 6, the Vietnam Chamber of Commerce and Industry (VCCI) issued a statement assessing this as a risky development that could trigger a Section 301 investigation and the imposition of adverse tariff measures.
According to the 2026 Special 301 Report on intellectual property protection among U.S. trading partners released by the Office of the United States Trade Representative (USTR), Vietnam has been placed on the highest warning list under the Special 301 mechanism.
The report indicates that Vietnam has demonstrated ineffective enforcement against digital copyright piracy and insufficient action against counterfeit and trademark-infringing goods.
Furthermore, border enforcement mechanisms remain limited, while there has been no significant enforcement activity regarding the use of unlicensed software within enterprises. The country also lacks comprehensive criminal regulations for the unauthorized reception of encrypted cable and satellite program-carrying signals.
Consequently, for enterprises exporting to the United States, VCCI recommended an immediate audit of internal intellectual property compliance, including the legality of software, images, trademarks, and designs, as well as the transparency and digitalization of the entire export supply chain.
Companies providing digital platforms, e-commerce services, hosting services, data centers, and social networks are advised to proactively strengthen content control and seller verification processes. They should also enhance mechanisms for receiving and handling IP infringement reports to promptly remove goods, storefronts, or content with clear signs of violation.
Businesses should simultaneously engage in transparent communication and provide clear explanations of their practices. If the Office of the United States Trade Representative (USTR) launches an investigation, companies and industry associations are expected to be ready to submit information, comments, and practical feedback to U.S. authorities through appropriate channels.
