Protecting Building Design Templates in Vietnam to Prevent Intellectual Property Theft

In the construction sector, design templates are not just technical drawings—they represent valuable intellectual property, embodying the creativity, effort, and expertise of a team of architects and engineers. However, many construction companies in Vietnam still do not pay sufficient attention to registering copyright protection for their design templates. As a result, when disputes arise, businesses often find themselves at a disadvantage, struggling to defend their rights legally.

What does copyright for building design templates mean under Vietnamese law?
Copyright for architectural and construction design templates falls under intellectual property rights as defined in the current Intellectual Property Law. Specifically, architectural design templates are considered either applied art or architectural works, thus protected by copyright from the moment they are created in a tangible form (drawings, 3D models, renderings, digital files, etc.).

Is registration necessary?
Legally, copyright exists automatically—but only in theory. In practice, if a dispute occurs, the company must prove that it is the legal owner of the design template. This is where copyright registration becomes most effective: it provides strong legal evidence, serving as a basis to file a lawsuit and demand compensation in case of infringement.

Common risks when design templates are not registered
Many construction firms have faced awkward situations where their creative work was copied or used illegally, with no recourse. Typical risks include:
• A partner or third party reuses the design for another project without permission
• A competitor slightly modifies the design and claims it as their own
• Difficulties proving ownership during a contract dispute
In these situations, if the business lacks a certificate of registered copyright, recovering rights is nearly impossible. By contrast, with registration, companies can request administrative penalties, demand cessation of infringement, and seek damages.

Steps construction companies need to take to protect design template copyright
To effectively protect design templates, businesses should implement both external legal measures and internal controls:

Clarify ownership from the start
From the moment of signing a contract with architects, design partners, or internal staff, stipulate that intellectual property rights belong to the company. The contract should state: “All design templates, ideas, drawings, renderings… produced during the process belong to the company.”

This is a critical initial step to avoid disputes later—especially in large projects with multiple participants.

Register the copyright for the design template
Copyright registration for architectural design templates is conducted through the Copyright Office under the Ministry of Culture, Sports and Tourism. The registration dossier includes:
• Copyright registration form
• Design template (color printed copy and digital file)
• Ownership declaration
• Power of attorney (if submitting via service provider)
The certificate is typically issued within 15 working days after the dossier is accepted. Once obtained, the company has a legal “shield” against unauthorized copying.

Establish monitoring and protection mechanisms for design content
Beyond registration, companies should control their design content by stamping confidential labels on documents, managing design files through secure internal systems, restricting access, and keeping change logs. Regular market monitoring to detect early signs of design copying is also essential for proactive protection.

What to do when a design template is copied or used unlawfully
If infringement is detected, companies can take three actions:

1. Send a cease‑and‑desist letter
   This first step shows goodwill while laying a legal foundation. The letter should clearly state that the design belongs to your company, demand that the infringement cease, and set a deadline for response.

2. Request administrative enforcement
   If the infringing party refuses to cooperate, the company may file a complaint with the Ministry of Culture, Sports and Tourism or the local Culture Department. Under Decree 131/2013/ND‑CP, fines can reach up to VND 250 million and require removal or termination of the infringing action.

3. File a lawsuit for damages
   As a final step, a lawsuit can be very effective if backed by solid legal evidence. The company can request:
   • Cease of infringement
   • Compensation for damages (including lost profit and reputational harm)
   • Public apology or correction

With legal support and valid evidence, winning such cases is highly likely—provided the company registered the copyright early.

Conclusion
In construction, design templates are core assets—intellectual property that deserves the same protection as a brand or company reputation. Proactive registration, clear internal control, and timely enforcement are not only legal safeguards but also ways to strengthen your market position.

If your company is facing challenges in registering copyright or dealing with unauthorized copying of design templates, don’t hesitate to contact DEDICA. Our team of experienced attorneys in intellectual property and construction law is ready to help protect your creative work.

Contact DEDICA Law Firm for expert legal consultation!
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