Model release and location release: mandatory when?
It is not the photo itself, but the way the photo is used that determines whether you need a consent document.
When images feature recognizable individuals and are used for commercial purposes, you need a consent document from that person, known as a model release. For locations that are recognizable private properties, you also need a consent document from the owner, referred to as a location release or property release. According to Article 32 of the Civil Code 2015, the use of an individual's image must be consented to by that person. When used for commercial purposes, compensation must be paid to the individual, unless otherwise agreed.
- all recognizable images of people used for advertising
- shooting in private spaces as the subject
- industry of medical cosmetics, finance, education involving children
- pure flat lay product images without people or distinctive props
Model releases (consent documents for images of individuals) and location releases (consent documents for images of locations) are two types of documents that many Vietnamese businesses overlook. Many only recognize this oversight when issues arise. Understanding these two core conditions helps you avoid the risk of having to remove an entire photo set after it has been released.
Two deciding conditions for whether a release is needed
With model releases, the key questions are twofold, not where the shoot takes place or who hired the shoot. One: is the person in the image recognizable? Two: is the image used for commercial purposes? If both are true, a model release is needed, regardless of whether the person in the image is a professional model, an employee, or a customer.
For location releases, similar logic applies to the location. If the location is a recognizable private property, including a private home, a store of another brand, a hotel, or a resort, you need the owner's consent. The condition is that the location must be clearly visible in the advertising images. Vietnamese law does not have a specific regulation called location release as is customary in the U.S.; this document primarily serves to obtain permission to shoot, avoid disputes with the property owner, and address any potential conflicts with other rights such as architectural works or trademarks of the store appearing in the frame.
It’s not the photo, but how the photo is used that determines whether a release is necessary.
ASMP, Releases for Professionals
Regulations in Vietnam to know more about
According to Article 32 of the Civil Code of Vietnam 2015, the use of personal images requires the consent of the individual. When used for commercial purposes, the person whose image is used should receive compensation, unless otherwise agreed. This means you need to handle two parallel tasks: a consent document outlining the scope of use and an agreement on image compensation. Missing either creates a legal loophole. Images featuring recognizable individuals are also considered personal data under the Personal Data Protection Law 2025, so the consent document should clearly state the purpose, scope, and duration of use. For children, parental or guardian consent is required, and children aged 7 and older must also provide their own consent. This is for reference only and does not substitute for legal advice.
Note: there are no model releases or location releases that automatically exist just because the shoot has taken place or payment has been made. Releases must be documented separately and delivered to the correct party.
When is it mandatory to tighten up, and when can it be lighter?
A complete release is recommended: advertising images, product packaging, brand websites featuring recognizable individuals; images taken in private spaces of third parties; industries such as cosmetics, healthcare, finance, and education involving children. In these industries, images of real people are often associated with expectations of effectiveness, so the risk of disputes is higher.
Can be simplified: pure product images, flat lay (shot from above, without people), no people and no distinctive proprietary assets appearing in the frame.
Common errors in project practice
- Using employee or guest photos for advertising without written consent poses the greatest risk when that person leaves the company or has a conflict later.
- After paying the model's fee, it's assumed to be done, overlooking that the release must specify the scope of channels and duration of image use.
- Shooting in rented spaces or using another brand's location without permission from the venue owner.
- Sign off on a release for one campaign and then reuse that image for another campaign outside the agreed scope.
- Ignore easily forgotten groups: children, background staff, and casual visitors accidentally caught in the frame at private venues.
How to finalize the scope before the shoot
Whether the business organizes the shoot itself or hires another party, you should create a list of everyone and every location that will appear, then specify the scope of image use (channels, duration, area) in the release before shooting. The release scope should match the image use scope stated in the brief to avoid situations where the agreement is signed but the usage is different. In sensitive industries with real people in the photos, this is a step that should not be rushed: a missing document or vague scope can force the entire photo set to be removed upon release, and the cost of redoing it is often much higher than doing it correctly from the start.
Decision checklist
Topic: Model and location release rights. Sinh Vũ Handbook, sinhvu.com
Tick each item that applies or that you can already answer, then print or save as PDF to take with you.
If you have marked most of the signs above, this is the time to discuss in more detail. Sinh Vũ can help you review and propose a direction.
This article provides general information according to the documents in effect as of October 6, 2026. This is not legal advice and does not substitute for a lawyer's opinion for your specific case. Rights and obligations between Sinh Vũ and clients arise only according to the signed contract.
References
ASMP, Releases for Professionals; ASMP, Property and Model Releases; Civil Code of Vietnam 2015, Article 32 (referenced via WIPO Lex). Project practice based on coordination experience from Sinh Vũ Studio.
Frequently asked questions
After paying the model's fee, is it necessary to sign a model release?
Required. The fee is the compensation for the shoot, while the model release is the document that clearly defines the scope and duration for which the image can be used and for what purpose. Missing either carries legal risks. If you want to use the images long-term or across multiple channels, that scope must be clearly stated in the release, not just in the fee documentation. For specific disputes, consult a lawyer.
Is a release needed for shooting in public spaces?
Public locations often require fewer location releases, but there are exceptions, such as architectural works or public art with specific copyrights. For individuals appearing in photos, regardless of the space, if they can be recognized and the images are used commercially, a model release is still required. The shooting space does not change this obligation.
Do you need to do anything when using employee photos for the website?
A consent document for images is required, usually handled as a clause in the employment contract or a separate release. Many businesses skip this step thinking employees automatically agree. However, when an employee leaves and requests the removal of images, the company may have no grounds to refuse or continue using them. Even if consent has been signed, the individual still has the right to withdraw their consent for personal data processing, so the handling of released images when that person withdraws should also be agreed upon in advance. It is advisable to have a lawyer review the clause before implementation.
This article is for reference. The scope, pricing, and specific commitments of Sinh Vũ are detailed in the proposal and signed contract.