The HCMC Police Investigation Agency recently issued an indictment against singer Phuong Diem Huyen (real name Nguyen Thi Hien, owner of the YouTube channel "Phuong Diem Huyen") for the crime of "Infringement of copyright and related rights."

Authorities determined that Huyen had repeatedly used and uploaded musical works to YouTube without authorization or paying the mandatory copyright fees.

For years, digital platforms, most notably YouTube, have served as vital income streams for vocalists, particularly mid- and lower-tier performers. This group includes young artists, talent show winners and runners-up, lounge singers, and performers specializing in bolero and lyrical music genres.

Unlike top stars who command million-dollar performance fees or produce music videos with hundreds of millions of views, these singers often rely on uploading audio recordings or videos of live performances to digital platforms, generating a steady stream of revenue.

Phuong Diem Huyen is one such example. As a lounge singer known for bolero and sentimental music, she had built a sizable online following.

By the time she was charged, her YouTube channel had about 200,000 subscribers and more than 1,600 uploaded videos, most featuring bolero and sentimental songs. Her most-viewed video had attracted 14 million views.

Investigators determined that the activities infringed copyright, causing hundreds of millions of Vietnamese dong in losses to copyright owners while generating hundreds of millions of dong in illegal profits through monetized videos on social media platforms.

A similar case involves singer Quang Lap, who, in addition to operating the Giong Ca De Doi music center, runs the YouTube channel "Quang Lap Official." The channel has 1.33 million subscribers and nearly 600 uploaded videos.

Although Quang Lap is not considered a mainstream celebrity, many of his videos have attracted massive audiences. His compilation "Quang Lap's Timeless Songs | Selected Classic Bolero Medley" has garnered 236 million views, while "Thu Tinh Em Gai" (performed with Thu Huong) has 65 million views, "Dap Mo Cuoc Tinh" has 44 million views, and "Cat Bui Cuoc Doi" has 50 million views. 

Most are simple recordings of live performances requiring relatively low production costs.

In May 2026, Quang Lap was also criminally charged with copyright and related rights infringement.

A VietNamNet survey of dozens of similar cases found that many singers operate their own YouTube channels with subscriber counts ranging from several thousand to several hundred thousand.

Each of these channels typically contain between 200 and 600 videos, while some have uploaded more than 1,000 videos covering a wide variety of genres. Album compilations or one- to two-hour bolero collections frequently attract millions of views.

Given the large volume and diversity of copyrighted content, it remains unclear whether all of these channels have obtained the necessary licenses and paid royalties in accordance with Vietnamese law.

Following the case involving Phuong Diem Huyen, several singers told VietNamNet they had not expected copyright violations to carry criminal consequences.

"I didn't realize the consequences could be this serious," one said.

Another commented, "I never thought this could lead to criminal charges."

Lawyer Hoang Ha of the HCMC Bar Association explained that under Vietnamese law, copyright and related rights infringement could result in civil, administrative, or criminal liability, depending on the nature and severity of the violation.

Under Article 225 of the 2015 Penal Code, as amended in 2025, individuals who intentionally reproduce copyrighted works, sound recordings or video recordings, or distribute protected copies without authorization could face criminal prosecution if they illegally earn at least VND50 million, cause at least VND100 million in damages to copyright holders, or if the infringing goods are valued at VND100 million or more.

The penalties include fines ranging from VND50 million to VND300 million or up to three years of non-custodial reform.

If the illegal profit reaches VND300 million, damages exceed VND500 million, the offense is committed in an organized manner, or the offender commits the crime more than once, harsher penalties apply, including fines of VND300 million to VND1 billion or imprisonment for six months to three years.

The lawyer also warned against a common practice among artists: obtaining only verbal permission before using copyrighted works. Many singers assume that verbal approval from a composer or rights holder is sufficient protection.

However, Article 48 of the 2005 Law on Intellectual Property, as amended in 2025, clearly requires that copyright licensing agreements be made in writing and specify essential terms, including the scope of licensed rights, licensing fees, payment methods, and the rights and obligations of each party.

Mi Le