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U.S. Opens Section 301 Probe Into Vietnam’s IP Enforcement

The investigation could lead to U.S. tariffs or other unilateral measures after the USTR found persistent enforcement gaps.

Overview

  • The Office of the U.S. Trade Representative opened a Section 301 investigation on May 29 into Vietnam’s intellectual property practices, creating a statutory review that could authorize tariffs if Washington deems responsive action necessary.
  • The probe follows an April 30 USTR designation of Vietnam as a “Priority Foreign Country,” the highest Special 301 classification and the first use of that label in 13 years, which cited online piracy, counterfeiting, weak border controls, unlicensed software use, and cable and satellite theft.
  • Hanoi has passed recent laws to modernize IP protection, including Decree 341 and the 2025 Amended IP Law effective April 2026, but U.S. officials and some industry lawyers say implementation and penalties remain uneven.
  • Vietnam launched a centralized nationwide enforcement push from May 7–30 to boost cases by at least 20% and report daily to the prime minister, a rapid mobilization that responds to USTR pressure but may not resolve deeper institutional gaps.
  • A 2025 administrative reorganization that downgraded the national market‑management agency and moved provincial enforcement to local authorities coincided with a 31.8% decline in the value of detected IP violations, an outcome that raises questions about whether the drop reflects transition-related disruption or sustained enforcement weakness and could affect trade, sourcing, and consumer prices if tariffs follow.