Ho Chi Minh City (VNA) – The Vietnam Association of Seafood Exporters and Producers (VASEP) has issued recommendations to member companies after the Office of the US Trade Representative (USTR) placed Vietnam on its highest-level watch list for intellectual property (IP) protection and enforcement.
Accordingly, VASEP advised firms to treat the US move as an early warning and immediately review their entire compliance management apparatus. The first step is to verify the legality of all software running inside the enterprise, including operating system, office software, accounting, production management, warehouse platforms, traceability system, packaging design, image processing tools, data management, and cloud storage platforms. They should maintain complete records of software copyrights, licensing agreements, invoices, acceptance reports and user lists, all of which may be subject to inspection by customers or business partners.
They were also urged to accelerate the digitalisation of export records and supply chain data.
For seafood exporters, key data categories include raw material supplier records, aquaculture farms or fishing vessels, raw material batch codes, production logs, testing results, food safety certificates, traceability documents, customs declarations, contracts, invoices, bills of lading, certificates of origin, health certificates and documents related to Certificates of Admissibility (COA) under the Marine Mammal Protection Act (MMPA) or specific requirements imposed by US importers. Data should be stored in systems with access controls, timestamps, edit histories and rapid retrieval capability.
For companies holding proprietary brands or running retail distribution channels, VASEP recommended reviewing trademarks, packaging, images, advertising content, and websites to avoid potential third-party IP infringements. They should proactively register trademark protection in major export markets, particularly the US, if they intend to develop their own brands. Marketing materials, catalogues, product images, and promotional videos should use legally sourced content, steering clear of unauthorised images, music, design software, or copyrighted materials.
Another key recommendation is building a digital corporate compliance dossier. This should contain legal registration documents, production licenses, quality management certificates, labour and environmental policies, food safety standards, data protection measures, IP and software copyright documentation, and supplier control procedures. Such a dossier would allow enterprises to respond quickly to due diligence requests from importers, retailers, law firms or regulatory agencies in destination markets.
For seafood companies, VASEP stressed that they should not wait for specific trade measures to hit before getting ready. As major markets tighten requirements on traceability, data transparency, environmental-social-governance (ESG) standards, anti-trade fraud measures and supply chain compliance, transparent corporate records are becoming not only a defensive shield but a competitive edge. Those that standardise data early, maintain strong compliance governance, and can demonstrate the origin, accountability and legality of their entire production chains will be better positioned when dealing with US importers and other international buyers.
Recently, the USTR released its 2026 Special 301 Report, designating Vietnam a “Priority Foreign Country” for IP protection and enforcement, the highest warning level under the Special 301 mechanism, which could trigger consideration of a Section 301 investigation under the US Trade Act 1974. The move serves as a major warning signal for exporters to the US as requirements for transparency, compliance and supply chain data become increasingly stringent.
VASEP noted that for exporters, particularly those heavily reliant on the US market, the warning goes beyond IP issues and reflects a broader trend of using trade tools to intensify compliance pressure. Section 301 allows the US to investigate acts, policies or practices deemed unfair, unreasonable or discriminatory and that burden or restrict US commerce. Against such backdrop, major export industries need to closely monitor developments even though current allegations do not single out a specific sector.
In the first quarter this year, Vietnam’s fishery exports hit 2.64 billion USD, up 14.4% year-on-year. Exports to the US, however, fell 7.4%, reflecting the mounting impact of policy changes, weakening demand, and intensifying competition pressure in the market./.
Vietnam requests US to deliver objective, balanced assessment of IP protection efforts
In recent years, Vietnam has made substantial efforts to protect intellectual property, including improving its legal framework, raising public awareness, and strengthening international cooperation with the World Intellectual Property Organisation (WIPO), the US, and many other countries.
