Vietnam expands use of IP rights as collateral and capital assets under new reforms

Vietnam is placing greater emphasis on the commercial value of intellectual property rights, with new rules allowing IP rights to be used for capital contributions, loan security, and civil and commercial transactions.

Vietnam is moving toward treating intellectual property rights as economic assets that can play a more active role in business financing and commercial transactions.

The development follows the entry into force of Law No. 131/2025/QH15, which amends the country’s Law on Intellectual Property, together with Decree No. 100/2026/NĐ-CP and Circular No. 10/2026/TT-BKHCN. The three measures took effect on April 1, 2026.

According to Vietnam News, Nguyễn Văn Bảy, deputy director general of the Intellectual Property Office of Vietnam, said the reforms represent a broader shift from focusing primarily on IP protection toward unlocking the economic value of IP rights.

IP rights as commercial assets

Under the amended framework, IP rights can be used to contribute capital, secure loans, and participate in civil and commercial transactions.

The amended IP Law added Article 8a, which provides for the management and commercial exploitation of IP rights and recognizes their use for capital contributions and mortgages for loans in accordance with investment, enterprise, credit, and other relevant laws.

The change could be significant for businesses holding valuable patent, trademark, and other IP portfolios. It provides a clearer legal basis for treating those rights not only as instruments of protection, but also as assets that can contribute to a company’s wider financing and commercial strategy.

However, the reforms do not mean that every IP right will automatically be accepted as collateral or assigned a particular monetary value. The use of IP rights for capital contributions and loan security remains subject to other applicable legal requirements, including rules governing investment, enterprises, and credit.

New database for IP transaction prices

One of the most commercially significant developments is the creation of a national database of IP transaction prices. Under Decree No. 100/2026/NĐ-CP, the Ministry of Science and Technology is to establish a nationwide electronic database containing information on lawful transactions involving IP rights. The database covers transactions including assignments, licensing, mortgages, and capital contributions, as well as information such as transaction prices.

The development is intended to improve transparency in the IP market and provide information that can support the valuation, transfer, and commercialization of IP assets.

For businesses and financial institutions, greater availability of transaction data could help address one of the longstanding difficulties associated with IP-backed financing: establishing a reliable basis for assessing the value of intangible assets.

Implications for patent owners

For patent owners, the reforms could encourage a more commercially focused approach to portfolio management.

A patent portfolio may represent not only protection for a company’s technology, but also an asset that can potentially be used in financing or investment transactions where the relevant legal and commercial requirements are satisfied.

This could make decisions about patent filing, maintenance, licensing, and commercialization increasingly relevant to corporate finance and investment strategies.

The new transaction-price database may also help create a more transparent market for IP transactions over time. By collecting information on the value of completed transactions, Vietnam is seeking to develop a stronger information base for businesses and other participants in the IP market.

Part of a wider IP modernization

The changes form part of a broader modernization of Vietnam’s IP system. The amended framework also introduces measures aimed at digital transformation, including the development of national IP databases and the greater use of technology and artificial intelligence in IP administration and enforcement.

The new rules also address IP protection in the digital environment, including measures relating to online infringement, enforcement, and the responsibilities of digital platforms. Vietnam News reported that the reforms are intended to respond to increasingly complex forms of infringement as business, distribution, and content consumption move online.

The framework also addresses the relationship between IP rights and artificial intelligence, including protection for works involving substantial human contribution and the use of data for AI training.

For Vietnam’s patent sector, the financial aspects of the reforms are particularly noteworthy. The country’s IP framework is moving beyond the traditional emphasis on obtaining and enforcing rights toward creating mechanisms through which IP can be valued, commercialized, and used as an economic asset.

The success of that approach will depend on implementation, the development of reliable valuation practices, and the willingness of businesses and financial institutions to incorporate IP into commercial transactions. Nevertheless, the reforms mark a significant step in Vietnam’s efforts to strengthen the economic role of intellectual property and make IP rights a more active component of its innovation and business ecosystem.

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