Law 7.5: Understanding AI to Better Protect Copyrighted Works

Article 7.5 of Vietnam’s amended Intellectual Property Law (“Law 7.5”) marks the first time Vietnamese law expressly permits the use of legally published texts and data for scientific research, testing, and the training of artificial intelligence (“AI”) systems, subject to conditions designed to safeguard the legitimate rights and interests of authors and intellectual property right holders.

This provision establishes a legal framework intended to balance technological innovation with copyright protection in the digital era. However, as AI increasingly interacts with creative works, it has also raised concerns among content creators regarding the scope and limits of such use. Understanding the legal nature of Law 7.5 and adopting appropriate protective measures - particularly copyright registration—has therefore become increasingly important.

1. What Is “Law 7.5” and Why Has It Attracted Attention?

“Law 7.5” is an informal term commonly used within the creative community to refer to Clause 5, Article 7 of the amended Intellectual Property Law adopted by the National Assembly in 2025 in accordance with Vietnam’s legislative procedures.

This provision directly addresses, for the first time, the lawful use of published texts and data for AI research, experimentation, and model training. Since its introduction, the provision has generated considerable discussion, as it touches upon a sensitive issue: whether human-created works may be used by AI systems to generate new outputs without the author’s consent.

Against the backdrop of ongoing global debates on copyright and AI training, Vietnam’s approach has prompted many authors and content creators to reassess how their legitimate rights may be affected.

2. Legal Framework: AI Use of Data Within Defined Limits

Clause 5, Article 7 of the Intellectual Property Law provides that:

Organizations and individuals may use texts and data relating to intellectual property objects that have been lawfully published and are accessible to the public for the purposes of scientific research, experimentation, and training of artificial intelligence systems, provided that such use does not unreasonably prejudice the legitimate rights and interests of authors or intellectual property right holders.
For texts and data protected by copyright and related rights, such use must comply with Government regulations.

Contrary to initial assumptions that the provision allows unrestricted AI use of all published works, a proper reading of the law reveals two key layers of legal control:

1. The use must not unreasonably prejudice the legitimate rights and interests of authors or right holders; and

2. In the case of copyrighted works and related rights, such use is subject to detailed regulations to be issued by the Government.

The term “unreasonably prejudice” is not a vague concept but a standard widely recognized in international copyright law governing limitations and exceptions. It is reflected, for example, in Article 9(2) of the Berne Convention and Article 13 of the TRIPS Agreement, both of which require that exceptions must not conflict with the normal exploitation of a work or unreasonably harm the legitimate interests of the right holder.

Accordingly, AI systems may not freely use all published works where such use undermines the normal economic exploitation of the work or unreasonably infringes upon the author’s legitimate interests.

3. Policy Rationale Behind the Exception

Legal and academic analyses following the adoption of the amended law suggest that the objective of this provision is not to diminish authors’ rights, but rather to enable Vietnam to keep pace with global AI development while establishing a structured legal framework for intellectual property protection in the digital environment.

Permitting the use of lawfully published data does not equate to sacrificing copyright protection. On the contrary, the State retains regulatory oversight through forthcoming implementing regulations that will further define the scope, conditions, and limitations of such use.

From a broader perspective, some scholars observe that this approach also facilitates the effective valuation and lawful commercialization of intellectual property in the digital economy. When works are properly protected, copyright functions not only as a moral right but also as a valuable economic asset capable of lawful management and exploitation.

4. Why Should Authors Register Their Copyright Now?

Under Vietnamese law, copyright arises automatically upon the creation and fixation of a work. Nevertheless, in the context of rapid AI development and expanding statutory exceptions, copyright registration plays an increasingly significant role.

Copyright registration enables authors to:

• Establish clear legal evidence of ownership in the event of disputes;

• Provide a legal basis for authorities to assess and address uses that exceed statutory exceptions; and

• Enhance the economic value of copyrighted works in legitimate commercial activities.

Importantly, registration strengthens an author’s legal position when asserting rights and seeking remedies, particularly as detailed regulations governing AI-related data use are expected to be introduced in the near future.

On this basis, Asoka recommends that authors proactively register their copyrights and related rights at the earliest opportunity.

5. Conclusion: AI Is Permitted, but Authors Remain Protected

Clause 5, Article 7 of the Intellectual Property Law does not weaken copyright protection. Rather, it establishes a balanced legal framework that supports technological advancement while preserving incentives for human creativity. AI systems may access and use certain categories of data related to creative activities under defined conditions and subject to detailed legal regulation.

With a preventive approach in mind, content creators are encouraged to proactively secure copyright registration and related protections, rather than relying solely on post-infringement enforcement.

Asoka stands ready to assist authors in understanding their legal rights, completing copyright registration procedures, and developing effective intellectual property protection strategies in the age of AI.

Analysis by: Phan Dat, International IP Specialist, Asoka Law (M.A. in Media, Technology and Intellectual Property, UNSW, Australia).