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THE MINISTRY OF INFORMATION AND
COMMUNICATIONS AND THE MINISTRY OF CULTURE, SPORTS AND TOURISM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 07/2012/TTLT-BTTTT-BVHTTDL
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Hanoi, June 19, 2012
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JOINT CIRCULAR
STIPULATING DUTY OF ENTERPRISES
PROVIDING INTERMEDIARY SERVICE IN PROTECTION OF COPYRIGHT AND RELATED RIGHTS IN
THE INTERNET AND TELECOMMUNICATION NETWORKS ENVIRONMENT
Pursuant to the 2005 Intellectual Property Law; the 2009 Law
amending and supplementing a number of articles of Intellectual Property Law;
Pursuant to the 2009 Telecommunication Law;
Pursuant to the 2006 Law on Information technology;
Pursuant to the Government’s Decree No.105/2006/ND-CP, of September
22, 2006 detailing and guiding the implementation of a number of articles of
The Law on Intellectual Property on protection of intellectual property rights
and on state management of intellectual property; the Decree No.119/2010/ND-CP
of December 30, 2010, amending and supplementing a number of articles the
Decree No.105/2006/ND-CP;
Pursuant to the Government’s Decree No.100/2006/ND-CP, of
September 21, 2006 detailing and guiding the implementation of a number of
articles of the Civil Code and the intellectual property law regarding the
copyright and related rights; the Decree No.85/2011/ND-CP of September 20,
2011, amending and supplementing a number of articles of the Decree
No.100/2006/ND;
Pursuant to the Government's Decree No.25/2011/ND-CP of
April 06, 2011 detailing and guiding the implementation of a number of articles
of the Telecommunications Law;
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Pursuant to the Government’s Decree No.185/2007/ND-CP of
December 25, 2007, defining the functions, tasks, powers and organizational
structure of the Ministry of Culture, Sports and Tourism;
Pursuant to the Directive No.36/2008/CT-TTg of December 31,
2008, of the Prime Minister on strengthening the management and implementation
of copyright and related rights protection;
The Minister of Information and Communications and the
Minister of Culture, Sports and Tourism promulgate Joint Circular stipulating
duty of enterprises providing intermediary service in protection of copyright
and related rights In the internet and telecommunication networks environment.
Chapter I
GENERAL PROVISIONS
Article 1. The scope of adjustment
This Circular stipulates duty of enterprises providing
intermediary service in protection of copyright and related rights in the
internet and telecommunication networks environment in Vietnam.
Article 2. Subjects of application
This Circular applies to enterprises providing intermediary
service, copyright owners, related rights owners and organizations acting as
collective representatives of copyright or related rights.
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In this Circular, the below terms are construed as follows:
1. Intermediary service includes: Telecommunication service,
Internet service, service of online social network, service of digital
information search, and service of leasing digital information storage space
including service of leasing website storage space.
2. Enterprises providing intermediary service include:
a) Enterprise providing internet service,
b) Telecommunication enterprise;
c) Enterprise providing service of leasing digital
information storage space including service of leasing website storage space;
d) Enterprise providing service of online social network;
dd) Enterprise providing service of digital information
search.
3. The content of digital information includes works,
performances, phonograms and video recordings, broadcast programs that have
been digitalized and processed, stored, exchanged, transmitted, supplied in the
internet and telecommunication network environment.
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RIGHT, DUTY OF ENTERPRISES PROVIDING
INTERMEDIARY SERVICE
Article 4. Right of enterprises providing intermediary
service
1. Setting up the system of inspection, supervision, process
of information being put in, stored, transmitted in the internet and
telecommunication network for prevention violation acts of copyright, related
rights.
2. Unilaterally refusing of providing services which are contrary
to provisions of laws on copyright and related rights.
Article 5. Duty of enterprises providing intermediary
service
1. Storing content of digital information in their system of
service provision, that only have transshipment, provisional, automatic,
terminable character, be sufficient to meet technical requirement of digital
information content transmit.
2. Obeying works of inspection, check of competent state
management agencies under provisions on copyright and related rights.
3. Removing and deleting content of digital information
which violates copyright and related rights, cutting, stopping and suspension
of the Internet line, telecommunication line as receiving request in written of
the inspector of the Ministry of Information and Communications or inspector of
the Ministry of Culture, Sports and Tourism or other competent State agencies
as prescribed by law.
4. Supplying information of customers hiring website, digital
information storage space and customers using other intermediary service at the
request of inspector of the Ministry of Information and Communications or
inspector of the Ministry of Culture, Sports and Tourism or other competent
State agencies.
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a) Being source to start publishing, transmitting or
supplying content of digital information by Internet and telecommunication
network without permission of the subject having right;
b) Editing, truncating, copying content of digital
information in any manner without permission of the subject having right;
c) Intentionally canceling or disabling technical measures
performed by the subject having right for protection of copyright and related
rights;
d) Operation as source of secondary distribution of content
of digital information that obtain due to violation of copyright and related
rights.
6. In addition to perform provisions in clauses 1, 2, 3, 4
and 5 of this article, enterprise providing service of online social network
must perform the following duties:
a) Requesting person using service for commitment of
performing duty of ensuring of using legally content of digital information
uploaded and published in the internet and telecommunication network system;
b) Warning duty of civil compensation, ability of
administration sanction, being prosecuted personal criminal liability for
person using online social network having act that violating copyright and
related rights.
Chapter III
ORGANIZATION OF IMPLEMENTATION
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The inspector of the Ministry of Information and
Communications combine with the inspector of the Ministry of Culture, Sports
and Tourism to handle violations of copyright and related rights in the
internet and telecommunication networks environment.
Article 7. Effect of the Circular
This Circular takes effect from August 06, 2012.
Article 8. Duty of performance organization
The head of office, director of the Science and technology
department, the Chief Inspector of the Ministry of Information and
Communications; director general of Copyright Office of Vietnam, the Chief
Inspector of the Ministry of Culture, Sports and Tourism, heads of agencies,
units under the Ministry of Information and Communications, the Ministry of
Culture, Sports and Tourism; director of Information and Communications
Services, Culture, Sports and Tourism Services of centrally-affiliated cities
and provinces, and relevant organizations, individuals shall implement this
Circular.
FOR THE MINISTER OF CULTURE,
SPORTS AND TOURISM
DEPUTY MINISTER
Ho Anh Tuan
FOR THE MINISTER OF INFORMATION
AND COMMUNICATIONS
DEPUTY MINISTER
Do Quy Doan