The Ministry of Science and Technology in Vietnam has submitted a draft amendment to the Law on Intellectual Property, highlighting a significant new provision: recognizing intellectual property (IP) rights as assets that can be valued, traded, and utilized in financial activities.
According to the draft, IP rights that have not been recorded in accounting books may still be self-assessed and managed by their owners, who can then use them as a basis for commercial transactions. This includes the possibility of contributing capital, raising funds, or participating in other business activities. The provision is introduced under a newly proposed Article 8a, titled “Finance based on intellectual property rights.”
In addition, the draft law stipulates that the Vietnam’s Goverment will establish a national database of IP values that have been legally transacted. This database is intended to ensure transparency in valuation and provide references for enterprises and individuals when using IP rights in commercial deals. The Ministry of Science and Technology will also issue standardized valuation methods to ensure consistency nationwide.
The draft also outlines pilot financial policies related to IP assets, such as allowing the use of IP rights as collateral for bank loans, raising capital through the securities market by issuing financial products linked to IP, and developing insurance products and other financial instruments based on IP rights.
On September 18, during a preliminary review session, the National Assembly’s Committee on Legal and Judicial Affairs discussed the proposal. The Committee considered the addition of Article 8a an important change but requested clearer mechanisms for valuation, management, and supervision to ensure feasibility.
The Committee emphasized the need to define the responsibilities of regulatory authorities in monitoring the valuation process to prevent discrepancies or abuse in transactions. It also stressed that new provisions must align with existing laws, such as the Law on Accounting, the Law on Banking, the Law on Securities, and the Civil Code, to avoid inconsistencies and overlaps.
Representatives of the drafting body explained that the amendment aims to remove obstacles to the commercialization of IP assets. Currently, many patents, research results, trademarks, and industrial designs—although legally protected—cannot be recorded in accounting books or used as collateral for loans, limiting their economic potential.
The draft amended Law on Intellectual Property is expected to be presented to the National Assembly for discussion at its 10th session at the end of 2025.
