Guide · Intellectual property
Who owns your team's work in Vietnam?
How ownership of code, designs and inventions moves from an employee in Vietnam to your company.
Updated 22 October 2026 · General information, not legal or tax advice
Short answer
Who owns the intellectual property your Vietnam employees create?
Under Vietnam's Intellectual Property Law, intellectual property that an employee creates in the course of assigned work belongs by default to the employer: the economic rights in copyright works such as software, and the right to register inventions and industrial designs. With an employer of record, the legal employer is the EOR, so a written assignment is needed to move ownership on to you. A sound arrangement closes the chain in two links: the labour contract confirms that work created in employment belongs to the employer, and the service agreement assigns those rights onward to the client. The employee keeps moral rights, such as the right to be named as author, which cannot be assigned. Patent assignments must also be recorded with Vietnam's IP Office to take effect.
The chain of title
How ownership reaches you.
| Type of work | Owner by default | How it reaches the client |
|---|---|---|
| Software, documents, designs (copyright) | Employer holds the economic rights | Assignment in the service agreement |
| Inventions (patents) | Employer may register | Assignment, recorded with the IP Office |
| Industrial designs, layout designs | Employer may register | Assignment, recorded with the IP Office |
| Know-how, customer lists, source code | Protected as business secrets | Confidentiality agreement |
| Moral rights (name, integrity) | Always the author | Cannot be assigned |
Contract clauses
What the contracts should contain.
- Labour contract: a description of duties broad enough to cover the work; confirmation that work created in employment belongs to the employer; a confidentiality clause or separate agreement, which Article 21 of the Labour Code allows.
- Service agreement: assignment to the client of all rights the employer acquires, at creation, with cooperation to record registrable rights.
- On exit: return of equipment, code and documents, and continuing confidentiality.
Both links are standard in Nhân Kiệt's contracts, so code, designs and documents your team produces are yours. See hiring developers in Vietnam.
Sources: Law on Intellectual Property (as amended), Articles 19, 39, 86, 138 and 148; Labour Code 2019, Article 21.
Questions
Employee IP in Vietnam: frequently asked questions
Who owns code written by an employee in Vietnam?
The employer holds the economic rights in software created in the course of assigned work. With an EOR, the service agreement assigns them on to you.
Can moral rights be transferred in Vietnam?
No. The author always keeps the right to be named and to the integrity of the work.
Do patent assignments need registration?
Yes. An assignment of a registered industrial property right must be recorded with Vietnam's IP Office to take effect.
How is confidential information protected?
Through a written confidentiality agreement, which the Labour Code expressly allows, covering business and technology secrets.
Hiring in Vietnam? We handle all of this as your employer.
Nhân Kiệt employs your team, runs payroll, insurance, tax and work permits. Fee: US$99–199 per employee a month, plus VAT.
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