Our IP team has been engaged to advise on a nationwide initiative aimed at commercializing IP assets — particularly patents — as part of the country's ambitious strategy to unlock the value of intangible assets and accelerate digital economic transformation. Over the years, our team has actively advocated to lawmakers, sharing insights on how other ASEAN countries have empowered businesses and IP holders to leverage their rights for commercial purposes, including using them as collateral to secure funding from authorized financial institutions. In response to our continued engagement, the government is now taking concrete steps to realize this strategic vision through proposed revisions to the IP Law.
Key takeaways
If enacted, the new draft law will introduce stricter financial accounting compliance obligations for IP, while also expanding opportunities and options for IP commercialization. Key provisions include the following:
- Mandatory IP asset recognition: Enterprises will be required to record and revalue IP assets in their financial statements, potentially strengthening their balance sheets.
- IP-backed financing: IP rights may be used as collateral for loans and capital raising, subject to applicable registration and consent requirements.
- Expanded tax incentives: Preferential tax rates will apply to qualifying income from both IP creation and commercialization activities.
- Support for intermediaries: Organizations facilitating IP commercialization may also be eligible for tax preferences.
- National IP valuation framework: A centralized IP valuation database and accompanying guidelines are being developed to support implementation.
In more detail
Background and policy context
Vietnam's draft 2025 IP Law amendment signals a strategic shift toward innovation-led, IP-driven growth. These newly proposed provisions are part of broader efforts under the "Doi Moi 2.0" initiative, which positions science, technology and intellectual property as key drivers of economic transformation. The draft builds on previous reforms and responds to external pressures from trade negotiations, including those with the United States.
Key provisions on IP commercialization
- Article 8a – Finance Based on IP Assets
This provision introduces financial recognition of IP rights, enabling revaluation and establishing a national IP pricing database. It outlines pilot policies for IP-backed financing, capital raising via stock markets, and IP-related insurance:
- IP rights must be recorded in accounting books and may be revalued at fair market value.
- A national IP valuation database will be developed.
- The government will issue pilot policies, including IP-backed loans, IP-based capital raising, and IP-related insurance products.
- Tax incentives apply to IP creation and income from IP commercialization.
- Article 46a – Mortgaging Copyrights and Related Rights
This provision allows copyrights and related rights to be mortgaged for bank loans, with enforceability contingent on registration and co-owner consent:
- Economic rights of copyright and related rights can be used as loan collateral.
- Mortgage contracts must be registered and must disclose protection status and ownership of the copyright and related rights.
- Mortgagee rights include exploitation and auction, subject to the protection of the moral rights of the pledged copyright and related rights.
- Article 150a – Mortgaging Industrial Property Rights
This provision permits industrial property rights (excluding geographical indications) to be used as loan collateral, with obligations for maintenance and renewal:
- Industrial property rights (excluding geographical indications) can be mortgaged.
- Mortgage contracts must be registered and must disclose protection status of the industrial property rights.
- Mortgagee may exploit or auction the industrial property rights upon default.
- Mortgagors must maintain the validity of the pledged industrial property rights.
Implementation support
While public consultation on the new draft law is still ongoing, the Vietnam IP Office is concurrently assisting the Ministry of Science and Technology in developing the country's first IP valuation guide, referencing ASEAN's and WIPO's IP valuation toolkits. This is expected to facilitate the practical application of the new provisions on IP commercialization once the fourth amendment to the IP Law is passed and comes into effect.
Timeline
Public consultation is open until 21 September 2025. The draft is expected to be fast-tracked for review by the National Assembly in October 2025, with an anticipated effective date in early 2026.
