Situations can arise in the course of using a domain name that lead to a domain dispute. To protect their lawful interests, registrants should be aware of the following.

Principles for resolving domain disputes

  • .VN domain disputes are resolved in accordance with Vietnamese law.
  • International domain disputes follow ICANN's standard process.
  • Where a dispute concerns another country-code domain, you must comply with all regulations set by the country that domain belongs to.

Dispute resolution methods

Through negotiation, mediation:

The parties may mediate before, during or after legal proceedings in order to agree on a means of resolving the dispute that is appropriate and balanced for both sides. If no agreement is reached, the parties may turn to arbitration.

Through arbitration:

The parties may choose arbitration to resolve a domain name dispute at an arbitration center, conducted in accordance with the law. If no consensus is reached, the parties may go on to bring the matter before a court.

Filing a court claim:

For Vietnamese domains, the holder may file suit with the People's Court where they reside; for international domains, the holder submits the claim to the WIPO arbitration and mediation body

A few notes

  • Domain registration and use follow the principles of "equality and non-discrimination" and "first come, first served". Agencies, businesses, organizations, and individuals should therefore register early and register related domain names defensively to avoid disputes from arising.
  • When registering a domain you must declare accurate registrant information, so that the Registrar and international bodies can make contact if a dispute arises.

Reference

  • ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP) applies when you register an international domain. For details, seehttp://archive.icann.org/en/udrp/udrp-policy-24oct99.htm
  • The policy on resolving .VN domain name disputes follows Article 16 of Decree 72/2013/ND-CP (Nghị định 72/2013/ND-CP) and Circular 24/2015/BTTTT (Thông tư 24/2015 BTTTT), as amended and supplemented by Circular 06/2019/TT-BTTTT (Thông tư 06/2019/TT-BTTTT) of the Ministry of Information and Communications on the management and use of internet resources. Detailshttps://vnnic.vn/tranhchaptenmien