Vietnam: What is the infringement of business secrets?

- Accessing or collecting information in the category of business secret by countering the security measures taken by the lawful owner of such business secret;

- Disclosing or using information in the category of business secret without permission from the lawful owner of such business secret;

- Breaching a confidentiality contract or cheating or abusing the confidence of a person with an obligation to maintain confidentiality, aimed at accessing, collecting and disclosing information in the category of business secret of the owner of such business secret;

- Accessing or collecting information in the category of business secret of an entity which conducts procedures stipulated by law in relation to business or conducts procedures to circulate products by countering security measures taken by State bodies, or using such information for business objectives or for the objective of applying for the issuance of a business-related permit or a permit to circulate products.

Business secret means information which satisfies all of the following conditions:

- It is not common knowledge;

- It is able to be applied in business and when used will create an advantage for the information holder over an entity which does not have or use such knowledge;

- It is protected by its owner by necessary means in order that such information will not be disclosed and will be difficult to access.

Decree No. 71/2014/NĐ-CP of Vietnam’s Government stipulates fines of from VND 10,000,000 to VND 30,000,000 for the above acts of trade secret infringement. In addition to fines, the exhibits, means to commit the violations and profit from the violations of the enterprise committing violations may be confiscated.

Legal basis: Law on Competition 2004 of Vietnam, Decree No. 71/2014/NĐ-CP of Vietnam’s Government

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE