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ARTICLE · 18 NOVEMBER 2024

Changes To Domain Name Dispute Resolution Under Vietnam's New Internet Decree

Tilleke & Gibbins
Tilleke & Gibbins
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Tilleke & Gibbins

Tilleke & Gibbins

Tilleke & Gibbins has been present in Vietnam since 1992, when it became the first foreign law firm...

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Vietnam's new Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information ("Decree 147"), which will come into effect...

VietnamMedia, Telecoms, IT, Entertainment

Vietnam's new Decree No. 147/2024/ND-CP on the management, provision, and use of internet services and online information ("Decree 147"), which will come into effect on December 25, 2024, replacing Decree No. 72/2013/ND-CP ("Decree 72"), introduces several changes to the regime for domain name dispute resolution. The new decree aims to clarify the legal framework and address some longstanding inconsistencies between Vietnam's laws on intellectual property and information technology.

The main changes related to domain name dispute resolution under Decree 147 are summarized below.

Removal of Prescriptive Actions

Decree 147 no longer lists specific actions for resolving domain name disputes. Decree 72 had outlined three methods: negotiation/mediation, arbitration, and court. However, IP practitioners had long criticized this approach, arguing it conflicted with the IP Law, which additionally allows administrative action.

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