A Vietnamese lawmaker has called for stronger safeguards against the unauthorized commercialization of ethnic cultural heritage, warning that traditional music, designs and knowledge could be exploited without community consent.
During a National Assembly discussion on the draft Law on Cultural Industry Development on November 10, Chau Quynh Dao, a deputy representing An Giang Province, expressed concern that the proposed legislation lacked adequate mechanisms to protect heritage-owning communities and traditional artisans.
Calls to prohibit unauthorized commercial exploitation
Addressing provisions on a proposed cultural products trading platform, Dao noted that the draft law requires sellers to disclose information about the origins of their products.
However, it does not establish sufficient mechanisms for access and benefit-sharing or require free, prior and informed consent in line with international standards.
"Without specific safeguards, businesses could use the names of cultural heritage traditions, such as Thai Xoe dance or Khmer folk songs, to market commercial products without ensuring that the communities preserving and owning that heritage receive any benefits," she warned.
National Assembly deputy Chau Quynh Dao of An Giang Province calls for stronger protections for ethnic minority communities and traditional cultural heritage.
The lawmaker cited several examples illustrating the vulnerability of traditional cultural practices.
In An Giang's Bay Nui region, Khmer palm-leaf manuscripts containing Buddhist scriptures, teachings and traditional knowledge face the risk of disappearing because of inadequate livelihood support and limited opportunities to pass these traditions on to younger generations.
Meanwhile, traditional brocade patterns of the Ede ethnic community could be copied by fashion companies and reproduced in commercial clothing collections.
Such products could generate substantial profits, while the women who spend long hours weaving the original textiles might earn only a few tens of thousands of dong.
Dao also expressed concern about the inappropriate commercial use of traditional music.
"We cannot accept seeing the sound of the Mong people's traditional khen instrument cut up and remixed into commercial dance music, undermining the sacred nature of this cultural heritage," she said.
Based on these concerns, she proposed incorporating access and benefit-sharing mechanisms directly into the law.
Products and property rights derived from the cultural heritage of ethnic minority communities should be eligible for trading only when agreements on benefit-sharing have been reached and the communities concerned have given their consent.
Dao also called for explicit prohibitions against unauthorized commercial exploitation, distortion and the use of digital technologies or artificial intelligence to illegally reproduce intangible cultural heritage or traditional knowledge without community consent.
Balancing artistic freedom and cultural protection
Pham Anh Tuan, a National Assembly deputy representing Ninh Binh Province, emphasized the need to balance creative freedom with the protection of Vietnam's historical and cultural values.
National Assembly deputy Pham Anh Tuan of Ninh Binh Province discusses the balance between artistic freedom and the protection of national historical and cultural values.
He questioned how the country could maximize artistic creativity while maintaining safeguards against historical distortion and the erosion of national identity in a market economy.
"If regulations are too restrictive, they will stifle creativity and prevent domestic cultural products from achieving breakthroughs. But if the market is left entirely to regulate itself, excessive commercialization and historical distortion could threaten ideological security and national pride," he said.
Tuan proposed that the legislation explicitly prohibit the misuse of cultural industry activities to distort national history, deny revolutionary traditions, insult national symbols or misrepresent fundamental cultural heritage.
At the same time, he stressed the importance of distinguishing artistic fiction from deliberate historical falsification.
The law should protect artists' freedom to use fictional elements when interpreting and promoting historical and cultural values, he said.
However, artistic expression should not misrepresent the essential nature of historical events or the achievements of previous generations, defame national heroes, trivialize sacred rituals or infringe upon territorial sovereignty.
Copyright protection identified as a central priority
Responding to lawmakers' concerns, Minister of Culture, Sports and Tourism Lam Thi Phuong Thanh said supporting creativity and establishing intellectual property rights in cultural industries were fundamental priorities.
Minister of Culture, Sports and Tourism Lam Thi Phuong Thanh responds to lawmakers' concerns about copyright protection and support for Vietnam's cultural industries.
She described these as core elements of the proposed legislation, intended to expand access to creative tools, particularly for individuals and communities with limited financial resources, technological capabilities or market opportunities.
"Community-based creativity is a defining characteristic of Vietnam's cultural industries. The law will introduce policies to strengthen people's creative capacity through state-provided technology while helping protect copyright and related rights," the minister said.
The draft law has introduced definitions of creativity-supporting software and digital platforms designed to assist with intellectual property protection.
It has also been revised to provide these tools and platforms free of charge.
However, responding to lawmakers' concerns about the proposed support mechanism, Thanh said implementation arrangements would require careful consideration to ensure effectiveness, prevent waste and guarantee that resources were used for their intended purposes.
The legislation also seeks to help creators access educational materials and shared resources, connect with intellectual property registration systems and receive training in creative skills and technology applications.
Regarding the broader legal framework for copyright protection, the minister said the government planned to develop a dedicated copyright law during 2027–2028.
The legislation would provide an important foundation for clarifying intellectual property protections and strengthening their enforcement.
Prioritizing cultural products with high economic value
Several lawmakers also raised questions about how the draft law defines cultural industry products reflecting Vietnamese identity and identifies priority cultural products.
Thanh explained that the draft contains provisions intended to encourage the development of products embodying Vietnam's cultural identity.
At the same time, it seeks to identify products with high added value, strong competitiveness and the potential to generate wider economic and cultural benefits.
These products would receive priority in resource allocation and investment.
The approach is intended to address fragmented investment while linking the preservation and promotion of national cultural identity with innovation and the development of Vietnam's national brand.
The government will consider lawmakers' recommendations and continue reviewing the draft to clarify the definitions and selection criteria for eligible cultural products.
Thanh emphasized that the selection process must be substantive and ensure that public resources are directed toward products capable of delivering meaningful cultural and economic benefits.
Vietnamnet.vn
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