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.