Introduction
Vietnam has made significant legislative strides in regulating artificial intelligence (AI) and data usage with the recent passage of the amended Law on Intellectual Property (“Amended IP Law”) and the new Law on Artificial Intelligence (“AI Law”) in December 2025.
Previously, under Vietnam’s legal framework, there was no similar exception applicable to AI-related data usage. The absence of relevant exceptions meant that companies undertaking such activities faced significant civil, administrative, and criminal liabilities risks.
With the recent legislative changes, new pathways—as well as compliance opportunities and obligations—are emerging for organizations seeking to digitize printed books and use them for AI training. This article outlines these developments and practical strategies for businesses operating in Vietnam.
Key Provisions of the Amended IP Law and the AI Law
1. AI Training Exception under the Amended IP Law (Effective April 1, 2026)
- Article 7.5 of the Amended IP Law introduces a new exception to copyright infringement, potentially permitting uses of lawfully published, publicly accessible copyrighted texts and data for scientific research, testing, and AI training purposes.
- The exception applies only in cases where such use does not “unreasonably harm” the lawful rights and interests of copyright owners.
- However, the exception is subject to further Government regulations to be issued in the coming time.
2. Related Requirements under the AI Law (Effective March 1, 2026)
The AI Law complements the Amended IP Law by imposing additional obligations and safeguards:
- Prohibited Acts (Article 7.3): Organizations are forbidden from collecting, processing, or using data to develop, train, test, or operate AI systems in violation of intellectual property laws. All AI development activities must comply with the new copyright exception and any forthcoming regulations.
- Inspection and Audit Requirements (Article 28): Organizations must maintain and provide technical documentation, audit logs, training data, and other relevant records to enable authorities to investigate potential violations and assign responsibility. Robust recordkeeping is now a legal imperative.
Compliance Strategies and Recommendations
Given these developments, organizations are advised to take the following steps to ensure compliance when digitizing books and training AI models in Vietnam:
- Maintain Clear Records of Data Acquisition and Copyright Status:
Document the sources and copyright status of all materials used in AI training. Only use lawfully published, publicly accessible works that fall within the permitted scope.
- Implement Comprehensive Technical Documentation and Audit Logs:
Prepare detailed technical and procedural records, including data provenance and usage logs, to demonstrate compliance during inspections or audits.
- Adhere to Data Protection and Security Laws:
Ensure that all disclosures and data handling comply not only with IP and AI regulations but also with rules on state secrets, data security, and personal data protection.
- Monitor Regulatory Updates and Guidance:
Stay alert for the issuance of implementing regulations and official guidance that may clarify or narrow the scope of permitted activities. Be prepared to promptly update internal policies and workflows in response to new requirements.
Conclusion
Vietnam’s legislative updates represent a positive shift for AI and digital technology developers, offering a clearer legal pathway for book digitization and AI training. However, the practical application of the new exceptions will depend on forthcoming regulations and continued government guidance. Until the Amended IP Law takes full effect and its details are clarified, organizations should devise plans and adopt a cautious approach, prioritize documentation and transparency, and remain vigilant for new compliance obligations. By doing so, businesses can harness the potential of AI technologies while minimizing legal and reputational risks in Vietnam’s evolving regulatory landscape. The Amended IP Law will come into effect from 1 April 2026. Detailed regulations of the Amended IP Law are being prepared and will be issued in the next several months.
