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The Vietnam Association of Seafood Processing and Exporting (Vasep) has issued recommendations to its member enterprises following a U.S. intellectual property (IP) alert. The United States Trade Representative (USTR) placed Vietnam on the highest warning list for IP protection and enforcement, prompting Vasep to advise companies to treat the move as an early warning to review their compliance management systems.
Vasep recommends that enterprises begin by verifying the legality of software used across business operations, including operating systems, office software, accounting, production management, warehousing, traceability, packaging design, image processing, data governance, and cloud storage platforms. Companies should retain software copyright records, license purchase contracts, invoices, acceptance reports, and user lists, and be prepared to present them to customers or partners upon request.
The association also advises exporters to accelerate the digitization of export records and supply chain data. For seafood, key data groups include:
Vasep further recommends storing data in a role-based access control system with timestamps, edit histories, and fast retrieval capabilities.
For brands and retailers, Vasep says companies should reassess trademarks, packaging, imagery, advertising content, and websites to reduce IP infringement risks from third parties. Enterprises should proactively register trademarks in key export markets, particularly the United States for those planning to develop a standalone brand. Promotional materials, catalogues, product images, and promotional videos should use legitimate sources to avoid copyright infringement.
Another preparation step is to build a digital “corporate compliance dossier” covering legal information about the business, manufacturing licenses, quality management system certifications, labor and environmental policies, food safety, data security, IP, software copyright, and supplier control processes. Vasep says this dossier can serve as a foundation to respond quickly to due diligence requests from importers, retailers, law firms, or regulators.
Vasep notes that the U.S. Trade Representative published the Special 301 Report 2026, placing Vietnam in the “Priority Foreign Country” category for IP protection and enforcement. Vasep describes this as the highest alert under the Special 301 mechanism, which may lead to potential investigations under Section 301 of the 1974 Trade Act.
The association says the warning signals that the U.S. may use more trade tools to increase compliance pressure, particularly for exporters targeting the U.S. market, rather than treating it as a simple IP issue. Under Section 301, the U.S. can investigate practices it considers unfair, unreasonable, or discriminatory, including those that burden or restrict U.S. trade.
In Q1 2026, Vietnam’s seafood exports reached USD 2.64 billion, up 14.4% year-on-year. However, exports to the United States fell 7.4%, reflecting growing policy, purchasing power, and competitive pressures in that market.
Vasep emphasizes that exporters should not wait for concrete trade remedies. As markets increasingly require traceability, data, ESG governance, and anti-fraud measures, transparency of corporate records is described as both a protective measure and a competitive advantage. Companies that standardize data early, maintain strong compliance, and can demonstrate source-responsible and lawful supply chains are expected to be in a stronger position when working with U.S. importers and other markets.
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