THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
61/2002/ND-CP
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Hanoi,
June 11, 2002
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DECREE
ON THE REGIME OF ROYALTIES
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization
of the Government;
Pursuant to the provisions in Chapter I, Part VI of the October 28, 1995 Civil
Code on copyright and the Government’s Decree No. 76/CP of November 29, 1996
guiding the implementation of a number of provisions on copyright in the Civil
Code;
In order to encourage the creative activities of authors and ensure the
property rights of authors and owners to their own works;
At the proposal of the Minister of Culture and Information,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation
scope
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Article 2.- Application
objects
The regime of royalties for works prescribes
money amounts payable to an author or authors (hereinafter called authors) or
owners of works when the works are used in order to ensure the interests of
authors and encourage authors to create more works of high value; and the
remuneration amounts payable to persons who perform jobs related to the works.
Article 3.- Forms of
works entitled to enjoy the royalty regime, according to Article 747 of the
Civil Code, shall include:
1. Written works;
2. Lectures, speeches;
3. Theatrical works and other forms of artistic
performances;
4. Cinematographic and video works;
5. Radio and television works;
6. Press works;
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8. Architectural works;
9. Plastic art works and applied fine art works;
10. Photographic works;
11. Scientific works, textbooks, teaching
materials;
12. Graphics, drawings, sketches and maps
related to topography, architecture or scientific projects;
13. Translated, adapted, rewritten, transformed,
compiled, annotated, selected and anthological works;
14. Computer software;
15. Other works prescribed by law.
Article 4.- Royalty
groups of various forms of works
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1. Royalties for works used in form of publications;
2. Royalties for theatrical works and other
forms of artistic performance;
3. Royalties for cinematographic, video works;
4. Royalties for press works (print press,
on-line press);
5. Royalties for radio and television works (radio
press, television press);
6. Royalties for plastic art works (fine art),
applied fine art and photographic works.
Article 5.- Interpretation
of a number of terms and expressions in this Decree
1. Royalty means a money amount paid by a work
user to an author or owner of a work when the work is used.
2. Incentive royalty means a money amount
additionally paid by the work user to the author with a view to encouraging the
author to create works under the themes and special cases prescribed in this
Decree.
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4. Remuneration means a money amount paid by a
work user to the persons who perform jobs related to the work, prescribed in
this Decree.
5. Material interests are the interests enjoyed
by authors besides royalties, including donated books, cards of invitation to
work publication, dissemination; domestic or international prizes�.
Article 6.- Subjects
enjoying royalties
1. Subjects enjoying royalties are authors or
owners of works belonging to one of the royalty groups prescribed in Article 4
of this Decree.
2. For works without heirs, or with heirs who
refuse to accept the inheritance right or who are not entitled to the
inheritance right, works with unidentified authors or anonymous works
prescribed in Articles 764, 765 and 766 of the Civil Code, the royalties shall
belong to the State. The Government shall assign the Ministry of Culture and
Information to manage and guide the implementation of royalties for works
prescribed in this Clause.
3. The authors who are persons belonging to the
work-using units (on the payroll or under long-term contracts) and create works
prescribed in Article 3 of this Decree outside their assigned tasks shall enjoy
100% of royalties.
4. Besides the subjects prescribed in Clauses 1,
2 and 3 of this Article, persons who participate in performing jobs related to
works shall, depending on the extent of their contributions, be paid remuneration
by the work-using units through negotiable contracts.
Persons of the works- using units (on payroll or
under long-term contracts) who perform the above-mentioned jobs outside their
assigned tasks shall enjoy 100% of remuneration.
The remuneration money shall be calculated into
the royalty fund.
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6. For the following works, writings,
translations and documents prescribed in Article 748 of the Civil Code, when
being used, the users shall pay remuneration to the collectors or the
suppliers:
a) Folk literary and art works;
b) Written documents of State agencies,
political organizations, socio-political organizations, social organizations,
socio-professional organizations, economic organizations and the translations
thereof;
c) News or current affairs purely for
news-casting purposes.
Article 7.- The
principles for royalty payment
1. The royalty payment must ensure the
rationality between the interests of the work authors or owners, the interests
of the work users and the interests of the work beneficiaries in compatibility
with the country’s socio-economic situation.
2. The levels of royalty paid to work authors or
owners must be based on the forms and quality of the works and their
socio-economic efficiency via contracts on the use of works.
3. Works in forms of creation or research shall
be paid with higher royalties than the translated, adapted, rewritten,
transformed, compiled, annotated, selected and anthological works. The authors
of original works shall enjoy a portion of the total royalties when such works
are used as selected, anthological, adapted, rewritten, transformed works,
compiled into new works or translated into other languages.
4. The authors of the lyrics of songs or the
words of picture stories shall enjoy a portion of the total royalty. The
royalty- dividing percentages shall be negotiated by authors with the
participation of the work users.
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6. Works created for internal circulation and
non-commercial purpose shall be paid with lower royalties than works of
corresponding forms for commercial purpose. The royalty levels shall be agreed
upon between the work authors or owners and the work users.
7. Works of any royalty group shall be paid with
royalties according to that group.
8. For publicized or disseminated works, when
being re-used, the authors or owners thereof shall still enjoy royalties as
prescribed.
9. For works with co-authors, the royalty-dividing
ratio shall be negotiated by the authors with the participation of the work
users.
10. The work- using units must make deductions
for setting up the royalty funds within the prescribed sources.
The royalty funds shall be used for payment of royalties
to authors or work owners whose works are used; payment of remuneration,
material interests; and organization of creation-promoting activities.
11. For works of particular feature not yet
specified in this Decree, the royalty payment shall be agreed upon between the
work users and the work authors or owners through package contracts.
12. Within 60 days as from the date the works
are publicized or disseminated, the work users must pay up the royalties to the
work authors or owners strictly according to the signed contracts. In case of
late payment, the consents of the work authors or owners are required.
13. The use of works and payment of royalties
must be effected through written contracts according to the provisions of law.
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ROYALTIES FOR WORKS USED
IN FORM OF PUBLICATIONS
Article 8.- Subjects
enjoying royalties
1. The work authors or owners whose works are
used in form of publications.
2. Besides the subjects prescribed in Clause 1
of this Article, the collectors and the suppliers of works, documents
prescribed at Points a and b of Clause 6, Article 6 of this Decree, as well as
compilers shall, depending on the extent of their contributions, be paid
remuneration by the work-using agencies.
The compilers who belong to the work-using
agencies (on payroll or under long-term contracts) shall enjoy remuneration
according to the provisions in Clause 4, Article 6 of this Decree.
The remuneration shall be calculated into the
costs of the publications.
Article 9.- Royalties
for works used in form of publications
Royalties for works used in form of publications
shall, depending on genres, quality and quantity of the publications, be paid
according to percentage (%) within the royalty bracket below:
Group
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Percentage
(%)
I
Created books
1
Prose
6 - 15%
2
Musical books
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3
Poem
10 - 15%
4
Theatrical or film scenario
10 - 15%
5
Picture books, photo books
6 - 10%
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Picture stories
2 - 8%
7
Dictionaries, reference books
10 - 15%
8
Politically, culturally, socially or
educationally theoretical studies book
10 - 12%
9
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8 - 15%
10
Political, cultural, social, educational, scientific,
technological and technical knowledge dissemination books
6 - 10%
11
University, college or intermediate vocational
school textbooks, books on methods for teachers and pupils parents
6 - 12%
12
Lessons books, exercise book, notebooks,
teachers books, target program books, teachers training college textbooks
(according to programs of the Ministry of Education and Training)
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13
General education reference books under
textbook programs
2 - 10%
II
Adapted, rewritten, transformed, compiled,
annotated, selected or anthological books
2 - 8%
III
Translated books
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Translation from Vietnamese into foreign language(s)
8 - 12%
2
Translation from foreign language into
Vietnamese (excluding picture stories in Group I)
6 - 10%
3
Translation from Vietnamese into ethnic
minority language(s) in Vietnam
12 - 15%
4
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15 - 18%
IV
Electronic books, CD-ROM
8 - 10%
V
Maps
5 - 20%
VI
Tapes, discs
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Video tapes and discs
4 - 5%
6 - 8%
Article 10.- Other
provisions
1. The correctors of translated works shall
enjoy 5- 30% of the royalty for the translated works, depending on the
correction extent and quality.
Where correction is made for over 30% of a
translated work, the corrector shall be the co-author of that work.
2. For translated, adapted, rewritten,
transformed, compiled, annotated, selected or anthological works, the parties
using the works must ask for permission of and pay royalties to, the authors of
the original works. The royalty levels shall be agreed upon between the work
users and the authors or owners of the original works. Particularly for the
translation and dissemination of works from Vietnamese into languages of ethnic
minorities in Vietnam and vice versa, the permission is not required and royalties
must not be paid to the authors or owners of the original works.
3. The authors of the lyrics of songs or the
words of picture stories shall enjoys from 20- 50% of the royalties for those
works.
4. Authors of works for children or ethnic
minority people shall additionally enjoy the incentive royalties being equal to
10- 30% of the royalties for such works.
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6. The royalties for bilingual publications
shall be equal to 1/2 of the royalties for the translated books of the same
genre, prescribed in the royalty bracket.
7. The royalties for non-commercial publications
(for internal circulation or free distribution to the public) shall be equal to
80- 90% of the royalties for commercial works of the same genre.
8. In addition to the royalties, the authors are
entitled to receive 3 copies of the publication. Where a publication belongs to
many authors, the reception of publications shall be agreed upon between the
work authors or owners and the work users.
Article 11.- Mode of
royalty calculation for payment
1. The royalty shall be calculated for payment
with the percentage (%) prescribed in the royalty bracket multiplied by the retail
price of the publications and by the quantity of the printed publications.
Royalty = Percentage (%) x Retail price of
publication x Printed quantity
In which:
a) The percentage (%) is the percentage in the
royalty bracket, agreed upon between the work authors or owners and the users,
expressed in the contracts for the use of the works.
b) The retail price of the publication means the
pecuniary price printed at the bottom of the fourth cover of the publication or
the retail price inscribed in the publication-selling invoice at the time of
royalty payment to the authors or the owners of the works.
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For works published on goods orders or for
donation, of which the retail price is lower than the ordinary price, the
retail price for royalty calculation shall be the average price of the
commercial corresponding publications of the same genre.
c) The quantity of printed copies means the
quantity inscribed in the work-using contracts.
The royalty for reprinted publications
calculated in percentages prescribed in the royalty bracket shall be added with
0.5- 2% and calculated on the new retail price.
2. Particularly for the publications prescribed
under No.12 of Group I in the royalty bracket, the royalty shall be calculated
for payment with percentages (%) in the royalty bracket multiplied by the
minimum wage level prescribed by the State for public employees in the
administrative and non-business sector (hereinafter called the minimum wage
level) and by the number of lessons or study periods.
Royalty = Percentage (%) x minimum wage level x
number of lessons or study periods.
For publications of this type, the royalty for
reprinted publications shall be equal to 10-25% of the royalty for the
first-time publication.
Article 12.- Royalty
funds
The agencies using works in form of publications
shall make deductions for setting up royalty funds from their total publication
turnover based on the percentages in the bracket of royalties for publications.
Chapter III
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Article 13.- Subjects
entitled to enjoy royalties
1. The authors or owners whose works are used in
theatrical form and other forms of artistic performance.
2. Directors, playwrights, choreographers,
musicians and painters.
3. Authors being personnel of the work-using
units (on the payroll or under long-term contracts) shall enjoy royalties under
the provisions in Clause 3, Article 6 of this Decree.
4. Apart from the subjects prescribed in Clauses
1, 2 and 3 of this Article, theatrical actors and actresses and those of other
forms of artistic performance, music directors, lighting designers, art
assistants, aestheticians, program directors (for programs on variety artistic
performance) shall be paid remuneration by the work users, depending on their
respective contributions.
Those who perform the above jobs and belong to
the work-using units (on payroll or under long-term contracts) shall enjoy
remuneration as provided for in Clause 4, Article 6 of this Decree.
The remuneration money shall be calculated into
the costs or total expenses for program staging.
Article 14.- Royalties
for theatrical works and other forms of artistic performance
Royalties for theatrical works and other forms
of artistic performance shall be agreed upon between the work users and the
authors or owners of the works and paid by either of the two modes: according
to the royalty bracket or percentages of turnover of the performance.
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Royalties for theatrical works and other forms
of artistic performance based on the work genre and quality shall be calculated
according to grades in the tables prescribed below:
1. Royalties for works of the genres of
classical drama, traditional operetta, reformed drama, play, versified play,
folk opera, modern opera, puppetry.
a) Directors, playwrights:
Calculation unit: The minimum wage level
Ordinal
number
Genre and
scale of works
Directors
Playwrights
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Grade I
Grade II
Grade III
Grade IV
Grade I
Grade II
Grade III
Grade IV
1
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13.80
27.61
41.90
55.23
19.00
41.90
62.85
83.80
2
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27.61
41.90
55.23
68.57
41.90
62.85
83.80
104.76
3
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41.90
55.23
68.57
81.00
62.85
83.80
104.76
123.80
b) The choreographers shall enjoy royalties
equal to 25% of the directors royalty.
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2. Royalties for choreographic works
a) Choreographers:
Calculation unit: The minimum wage level
Ordinal
number
Genre and
scale of works
Scale of
authors royalties
Grade I
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Grade III
Grade IV
1
Collective dancing without circumstances or
stories for 4’-8’
10.47
11.90
13.33
15.23
2
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12.38
13.80
15.70
17.60
3
Dance with circumstances, stories, little
versified dance of 9’-15’
17.10
19.00
21.42
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4
Dance for partita dancing
a/ Short partita dancing of 20’-45’
b/ Medium partita dancing of 46’-90’
c/ Long partita dancing of 91’ or longer
30.60
50.14
70.62
35.10
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75.47
40.95
60.66
80.23
45.60
65.42
81.00
5
Dance for versified dancing
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b/ Medium versified dancing of 46’-90’
c/ Long versified dancing of 91’ or longer
45.80
85.50
110.80
50.90
90.60
115.00
55.00
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125.20
60.20
100.90
131.50
6
Dance for ballet drama:
a/ Short ballets of 20’-45’
b/ Medium ballets of 46’-90’
c/ Long ballets of 91’
or longer
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100.00
130.50
60.40
110.00
140.00
66.00
115.60
155.60
75.60
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165.10
7
Dances created for circus, puppet shows,
plays, operas, films, partita,…
calculated according to each dancing minute
1.00
1.20
1.30
1.47
b) Music composers (including instrumentalists)
for choreographic works shall enjoy a level equal to the royalty of
choreographers of the works of the same genre, scale and grade.
c) Playwrights shall enjoy royalties as follows:
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- Playwrights (including literary scenario,
segmental scenario) for genres of versified dancing, ballets shall enjoy
royalties equal to 30% of the choreographer’s
royalty for works of the same genre, scale and grade.
d) Painters for choreographic works shall enjoy
royalties as follows:
- Painters for big works (including marquette,
landscape, rostrum, costumes, properties), depending on art volume and quality,
shall enjoy royalties according to 4 levels being equal to 15%, 20%, 25% and
30% of the choreographer’s
royalty for works of the same genre, scale and grade.
- Painters for small items shall enjoy royalties
according to the quantity of decorative scene patterns and costume patterns.
Depending on the quality and complexity, each decorate scene pattern shall have
4 coefficients of 1.4, 2.0, 2.4 and 2.9 as compared to the minimum wage level;
each costume pattern shall have 4 coefficients of 0.7, 0.9, 1.0 and 1.2 as
compared to the minimum wage level.
e) Choreographers for song dancing shall enjoy
royalties being equal to 50- 70% of the choreographer’s
royalties of genres 1 and 2, depending on dance quality and use extent.
3. Royalties for musical works:
a) Composers:
Calculation unit: The minimum wage level
Ordinal
number
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Grade I
Grade II
Grade III
Grade IV
1
Song
9.50
11.90
14.28
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2
Ballads, romance
11.90
14.28
19.00
23.80
3
Medley
14.28
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23.80
28.57
4
One-chapter orchestra
19.00
21.40
23.80
28.57
5
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47.60
71.40
95.20
119.0
6
Wind-instrument mini-item of 3-plus double
stanzas
11.90
19.00
28.57
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7
Sonata and the like
38.10
42.85
47.60
57.10
8
Symphonic poem and the like
57.10
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76.20
85.70
9
- Symphony
- Concerto of 3 or more chapters
- Ballet for symphony orchestra
119.0
133.30
147.60
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10
Scenario music - scenario singing
- Of small scale (15’
or more)
- Of medium scale (25’
or more)
- Of large scale (45’
or more)
47.60
66.66
80.95
52.38
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85.70
57.10
76.20
90.47
61.90
80.95
95.20
11
Vocal drama
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- Of large scale (45’
or more)
71.40
95.20
80.95
104.76
90.47
114.28
100.00
128.57
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Opera
147.60
166.60
188.30
260.60
b) For a music piece with lyrics, the music
composer shall enjoy 70% while the lyrics writer-30% of the royalty payable to
musicans.
c) Composers of instrumentation accompaniment
for songs with general musical setting shall enjoy royalty equal to 25% of the
royalty payable to composers of songs of the same genre and grade.
d) Composers who transform a music piece for
other orchestra shall enjoy royalty equal to 30% of the royalty payable to
composer of a music piece of the same genre and grade.
e) Painters for musical works of the genres of
scenario music, scenario singing, opera shall enjoy royalties as follows:
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- Painters for small items shall enjoy royalties
according to the quantity of decorative scene patterns and costume patterns as
provided for choreographic works.
f) For genres of scenario singing, opera, the
playwrights of scenario singing shall enjoy royalties equal to 5%, 7% and 10%;
playwrights of opera shall enjoy royalties equal to 10%, 15%, 20% of the
royalty payable to composers of musical pieces of the same genre and grade.
Article 16.- Royalties
paid according to turnover of a show
Royalties for works used in form of artistic
performance shall be calculated in percentages (%) of turnover of a show:
1. For classical drama, traditional operetta,
reformed drama, play, versified drama, folk opera, modern opera, puppetry, the
work-using parties shall deduct 15- 21% of the show�s turnover to pay
royalties to the authors according to the following regulations:
a) The directors shall enjoy 5- 7% of the
turnover.
b) The playwrights shall enjoy 6-8% of the
turnover.
c) The musicians shall enjoy 2.5- 3% of the
turnover.
d) The painters shall enjoy 2.5- 3% of the
turnover.
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f) From the 51st show of a classical drama, a
traditional operetta, a reformed drama, a play, a folk opera on, the author
shall additionally enjoy the incentive royalty equal to 2% of the turnover of
the show.
2. For choreographic works, the work users shall
deduct 15-21% of the show’s
turnover to pay royalties to the choreographer, the dance director, the
playwright, the musician and the painter according to percentages agreed upon
in the contracts.
3. For musical works, the work users shall
deduct 15-21% of the show’s
turnover to pay royalties to the playwright, the musician, the instrumentation
musician, transformation musician and painter according to the agreement in the
contract.
From the 21st show of an opera on, the author
shall additionally enjoy the incentive royalty equal to 2% of the show’s turnover.
4. For circus: The work users shall deduct a
portion in percentage (%) of the show’s
turnover to pay royalties to the authors according to the royalty bracket
below:
Calculation unit: % of the show’s turnover
Ordinal
number
Genre
Playwright
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Choreographer
Musician
Painter
Total (%)
1
Items in comic form
0.05-0.15
0.1-0.2
0.05-0.13
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0.05-0.13
0.35-0.79
2
Items with circumstance
0.1-0.2
0.15-0.25
0.05-0.13
0.1-0.18
0.05-0.19
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3
Comedy
0.1-0.2
0.15-0.25
0.05-0.13
0.1-0.18
0.05-0.13
0.45-0.89
4
...
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0.1-0.2
0.15-0.25
0.05-0.13
0.1-0.18
0.05-0.13
0.45-0.89
5
New high-tech creation
Creation of 1-2 comedies
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Creation of 6 comedies or more
0.1-0.2
0.1-0.3
0.4-0.9
1-2
0.15-0.25
0.1-0.3
0.4-0.9
1-2
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0.3-0.6
0.2-0.6
0.8-1.8
2-4
Article 17.- Other
provisions
1. For works transformed, adapted or rewritten from
literary works in prose or poem into theatrical scenarios or from scenario of
one theatrical form into another one, the authors shall enjoy royalties equal
to the royalties for theatrical scenarios of the same genre, of whom the
authors of the transformed works shall enjoy 50-70% while the authors of the
original works enjoy the rest.
2. For works of traditional art genres
(classical drama, traditional operetta, reformed drama, puppetry); symphony,
opera, choreographic drama; works for children or ethnic minority people, the
authors shall additionally enjoy incentive royalties equal to 10-20% of the
royalties for those works.
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The incentive royalty money shall be calculated
into the costs of a show program or a play.
3. The authors of the translated theatrical
scenarios which are put to use shall enjoy royalties equal to 50-70% of the
royalties for scripts of the works of the same genre, scale and grade.
Particularly for the translation of the lyrics
of musical pieces (including lyrics in opera), the royalty shall be calculated
according to royalty for creation of the lyrics of the musical pieces as
prescribed at Point b, Clause 3, Article 15 of this Decree.
4. For theatrical works and other forms of
artistic performance, which are published in publications: audio tapes and
discs; video tapes and discs, the royalties shall be calculated according to
the followings:
a) The regulations for works used in form of
publications in Chapter II of this Decree.
b) The royalty percentages among authors,
calculated according to genres and grades prescribed in Article 15 of this
Decree.
Article 18.- The
royalty funds
The parties using theatrical works and other
forms of artistic performance shall make deductions for setting up royalty
funds from the total expenditures on program elaboration, based on coefficients
in the royalty bracket or the show’s
total turnovers according to the prescribed percentages.
Chapter IV
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Article 19.- Subjects
entitled to enjoy royalties
1. The authors or owners, whose works are used
in cinematographic or video form (referred collectively to as cinematographic).
2. The directors, playwrights, cameramen, film
producers, musicians, painters.
3. The authors who belong to the work-using
units (on payroll or under long-term contracts) shall enjoy royalties as
provided for in Clause 3, Article 6 of this Decree.
4. In addition to the subjects prescribed in
Clauses 1, 2 and 3 of this Article, film actors and actresses, sound directors,
high-technique cameramen, action painters (for cartoons) shall, depending on
their contributions, be paid remuneration by work users.
Those who perform the above-mentioned jobs and
belong to the work-using units (on the payroll or under long-term contracts)
shall enjoy remuneration as provided for in Clause 4, Article 6 of this Decree.
The remuneration money shall be calculated into
the total costs of compilation of works.
Article 20.- Royalties
for cinematographic works
The royalties for cinematographic works (feature
films, documentary films, science films, reportage films, cartoons), regardless
of video recording materials and based on their quality and genres, shall be
calculated in percentages (%) of the approved total production costs (for films
produced on the order or with financial support of the State) or the selling
prices of the cimematographic works.
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The royalties shall be calculated and paid
according to three grades as follows:
Calculation unit: Works' production cost
Ordinal
number
Titles
Grade I
Grade II
Grade III
1
Director
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2.50%
2.75%
2
Scriptwriter
2.25%
2.50%
2.75%
3
Cameraman
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1.35%
1.50%
4
Film producer
0.37%
0.43%
0.50%
5
Musician
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0.80%
0.90%
6
Painter
0.80%
0.90%
1.00%
2. Documentary, science films
The royalties shall be calculated and paid according
to three grades as follows:
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Ordinal
number
Titles
Grade I
Grade II
Grade III
1
Director
4.21 %
4.72%
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2
Scriptwriter
4.21 %
4.72%
5.30%
3
Cameraman
2.15%
2.50%
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4
Film producer
0.43%
0.51%
0.60%
5
Musician
0.86%
1.05%
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6
Painter
1.00%
1.20%
1.35%
3. Reportage
The royalties shall be calculated and paid
according to two grades as follows:
Calculation unit: Works' production cost
Ordinal
number
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Grade I
Grade II
1
Director
2.7%
3.2%
2
Scriptwriter
2.7%
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3
Cameraman
2.2%
2.5%
4
Film producer
0.3%
0.4%
5
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0.6%
0.7%
4. Cartoon
The royalties shall be calculated and paid
according to three grades as follows:
Calculation unit: Works' production cost
Ordinal
number
Titles
Grade I
Grade II
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1
Director
3.65%
4.30%
4.95%
2
Scriptwriter
3.65%
4.30%
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3
Cameraman
1.80%
2.15%
2.50%
4
Film producer
0.33%
0.43%
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5
Musician
1.30%
1.55%
1.80%
6
Principal painter
2.70%
3.20%
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Article 21.- Other
provisions
1. For works transformed from literary,
theatrical works into cinematographic scripts, the authors of the original
works shall enjoy royalties equal to 30-40% of the royalties payable to
scriptwriters of works of the same genre, grade; the authors of the transformed
works shall enjoy the remaining percentages of the royalties payable to
scriptwriters.
2. For works reserved for children or ethnic
minority people, the authors shall additionally enjoy an incentive royalty
equal to 5% of the average royalty of a cinematographic work in the year, which
is approved by the competent body.
3. From the 11th copy of the motion-picture on,
the authors shall additionally enjoy an incentive royalty equal to 8% of the
total film sale turnover.
4. The incentive royalty percentages among
authors shall comply with the prescribed modes.
5. For cinematographic works with high
production costs due to special equipment and materials requirements, the
highest royalty level shall not double the royalty for cinematographic works
with approved average total production cost.
Article 22.- Royalty
funds
Agencies using cinematographic works shall make
deductions for setting up the royalty funds according to percentages (%) of the
highest grade in the royalty bracket prescribed in Article 20 of this Decree
plus 30% of those percentages, multiplied by the selling prices or the approved
annual average total production cost of the cinematographic works.
For cinematographic works with financial
assistance, the total costs shall include also the managerial expenses.
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ROYALTIES FOR PRESS
WORKS (PRINT PRESS, ON-LINE PRESS)
Article 23.- Subjects
entitled to enjoy royalties
1. Authors or owners whose works are used by
press agencies.
2. The authors who belong to the press agencies
using the works (on the payroll or under long-term contracts) shall enjoy
royalties as provided for in Clause 3, Article 6 of this Decree.
3. In addition to the subjects prescribed in
Clauses 1 and 2 of this Article, the collectors and suppliers of works,
documents and/or materials prescribed in Clause 6, Article 6 of this Decree,
and editors shall be paid remuneration by the press agencies, depending on the
extent of their contributions.
Editors who belong to the press agencies (on
payroll or under long-term contracts) shall enjoy royalties as provided for in
Clause 4, Article 6 of this Decree.
The remuneration money shall be calculated into
the costs or total press expenditure.
Article 24.- Royalties
for press works
The royalties for press works (print press,
on-line press) shall, depending on their genres and quality, be calculated
according to the coefficients in the royalty bracket below:
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Genre
Coefficient
1
New report
Replies to readers
1-10
2
Pictures
1-10
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Photos
1-10
4
Political commentary
10-30
5
Reportage
Memoir
Interview
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6
Literary works
8-30
7
Studies
10-30
1. Depending on the works genres and quality,
the editors-in-chief shall decide on the royalty coefficients of the works.
2. For works not prescribed in the royalty
bracket and news reports prescribed at Point c, Clause 6, Article 6 of this
Decree, the editors-in-chief shall base themselves on the nature and
characteristics of the works to decide on the royalty coefficients for authors
and corresponding remuneration for collectors, suppliers.
3. The value of a royalty coefficient unit is
equal to 10% of the minimum wage level. For press agencies which can balance by
themselves the funding and earn profits from the press activities and support
economic activities, the editors-in-chief, basing themselves on the quality and
genre according to the royalty bracket, can pay royalties to the authors higher
than the common average royalty, which, however, must not exceed the levels permitted
by the royalty funds.
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Royalty = The royalty coefficient x the value of
a royalty coefficient unit.
Article 25.- Other
provisions
1. The authors of the lyrics of musical pieces
or the words of picture stories shall enjoy 20-50% of the royalties for those
works.
2. Authors of the translations from foreign
languages or ethnic minority languages into Vietnamese or vice versa shall
enjoy 40-65% of the royalties for works of the corresponding genre in
Vietnamese. The royalty levels shall be decided by the editors-in-chief.
3. Authors of works for children or ethnic
minority people shall additionally enjoy an incentive royalty amount equal to
10-20% of the royalties for those works.
4. Vietnamese authors who directly write in
foreign languages, authors of Kinh ethnic majority who directly write in ethnic
minority languages, people of one ethnic minority group who directly write in
the language of another ethnic minority group shall additionally enjoy an
incentive royalty amount equal to 30-50% of the royalties for those works.
5. Authors of works created under difficult
and/or dangerous conditions shall additionally enjoy incentive royalties which
must not exceed the royalty of those works.
6. The percentages of royalty enjoyed by
interviewers and interviewees shall be agreed upon between the two parties.
Article 26.- Royalty
funds
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a) For press agencies operating mainly with the
State budget provided by their managing bodies, the annual royalty funds shall
be calculated as follows: The quantity of the average royalty coefficient in a
paper, magazine issue multiplied by the value of a royalty coefficient unit,
multiplied by the number of paper, magazine issues in the year; plus the
incentive royalty and remuneration.
b) For press agencies which finance by
themselves the funding and earn profits from their press activities, the
royalty funds shall be calculated from the turnovers of their press activities
according to the following percentages:
- 1- 5% of the turnover for press agencies with
circulation of over 100,000 copies.
- 5-10% of the turnover for press agencies with
circulation of 100,000 copies or less.
2. The royalty funds shall also be added from
other revenue sources of the press agencies, if so agreed upon by their
managing bodies.
Chapter VI
ROYALTIES FOR RADIO, TELEVISION
WORKS (RADIO, TELEVISION PRESS)
Article 27.- Subjects
entitled to enjoy royalties
1. Authors or owners whose works are used by
radio and/or television agencies.
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3. Scriptwriters, directors, cameramen, film
producers, musicians (excluding musics from documentary tapes), painters, for
television.
4. Authors who belong to the work-using agencies
(on the payroll or under long-term contracts) shall enjoy royalties as provided
for in Clause 3, Article 6 of this Decree.
5. In addition to the subjects prescribed in
Clauses 1, 2, 3 and 4 of this Article, broadcasters, theatrical or
cinematographic actors and actresses and entertainers of other forms of
artistic performance, program directors, music directors, lighting designers,
art assistant, sound directors, high-technique cameramen shall, depending on
the extent of their contributions, be paid remuneration by radio and/or
television agencies.
Those who perform the above jobs and belong to
the radio or television agencies (on the payroll or under long-term contracts)
shall enjoy remuneration as provided for in Clause 4, Article 6 of this Decree.
The remuneration money shall be calculated into
the cost or total expenses for compilation of the works.
Article 28.- Royalties
for radio and television works
1. The authors or owners prescribed in Clause 1,
Article 27 of this Decree shall enjoy royalties as provided for in Chapter V of
this Decree.
2. Royalties shall be paid to authors or owners
prescribed in Clause 2, Article 27 of this Decree as follows:
a) For genres 1, 4, 5 and 7 in the press royalty
bracket, the authors or owners shall enjoy royalties equal to 20-30% of the
royalties of the corresponding genres.
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c) For theatrical works and other forms of
artistic performance, the authors or owners shall enjoy royalties equal to 50-70%
of the royalty levels prescribed in Chapter III of this Decree.
3. Royalties shall be paid to authors or owners
prescribed in Clause 3, Article 27 of this Decree as follows:
a) For genres 1, 4, 5 and 7 in the press royalty
bracket, the authors or owners shall enjoy royalties equal to 50-100% of the
royalties of the corresponding genres.
b) For genre 6 in the press royalty bracket, the
authors or owners shall enjoy royalties equal to 100- 200% of the royalties of
the corresponding genre.
c) For theatrical works and other forms of
artistic performance, cinematographic works, the authors or owners shall enjoy
royalties equal to the corresponding royalties prescribed in Chapter III or
Chapter IV of this Decree. The general directors (directors) of the television
stations are entitled to pay royalties to the work authors or owners at higher
levels, but the total royalties and remuneration shall not exceed 20%, for
feature film, television theatre, and not exceed 60% for documentary and
science films, of the total production costs of the works (excluding the
television equipment costs).
Article 29.- Other
provisions
1. Works broadcast many times shall be paid with
royalties agreed upon in the contracts.
2. For works which have been used in other press
agencies or in form of publications, if re-used for radio and/or television not
for commercial purposes, the work authors or owners shall not enjoy royalties
prescribed in Clause 1, Article 28 of this Decree.
Article 30.- Royalty
funds
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2. For radio or television stations which can
balance their funding or are given by the State revenue package and expenditure
package and have their revenues in excess of their expenditures, the royalty
funds shall be added with a deduction of 3-15% of the total revenue, including
the portion allocated by the State budget and other revenue amounts (revenues
from advertisement, from program-selling services and other radio or television
services).
3. The royalty funds shall be added also with
other revenue sources of the radio or television stations, if so agreed upon by
their managing bodies.
Chapter VII
ROYALTIES FOR PLASTIC
ART (FINE ART), APPLIED FINE ART AND PHOTOGRAPHIC WORKS
Article 31.- Subjects
entitled to enjoy royalties
The authors or owners of plastic art (fine art),
applied fine art or photographic works which are used.
Article 32.- Royalties
for plastic art (fine art), applied fine art or photographic works
1. The royalty levels for plastic art (fine
art), applied fine art and photographic works, regardless of the materials,
sizes, scales of expression of the works, shall be agreed upon between the work
users and the authors or owners through work-using contracts.
2. The Ministry of Culture and Information is
assigned to assume the prime responsibility and coordinate with the Finance
Ministry in prescribing and guiding the payment of royalties for the use of
works with the State budget.
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1. For plastic art (fine art), applied fine art
and photographic works which are used for displays or exhibitions organized by
State bodies, the organizing committees shall pay remuneration to the authors
or owners thereof according to the following regulations:
a) For international and national exhibitions:
Each work displayed at an exhibition shall be paid with an amount at least
equal to 100% of the minimum wage level.
b) For regional and local exhibitions: Each work
displayed at an exhibition shall be paid with an amount at least equal to 50%
of the minimum wage level.
2. For plastic art (fine art), applied fine art
and/or photographic works used for displays or exhibitions organized by
political organizations, socio-political organizations, social organizations,
socio-professional organizations or at displays or exhibitions for commercial
purposes, campaign, charity, festival, exchange, the organizing committees
shall reach agreement with authors or owners on the remuneration levels.
Chapter VIII
WORK-USING CONTRACTS
Article 34.- The
royalty regime shall be effected through work-using contracts according to the
provisions in Chapter III of the Government’s
Decree No.76/CP of November 29, 1996 and guiding documents related to the
works-using contracts.
Chapter IX
STATE MANAGEMENT OVER
ROYALTY REGIME
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Chapter X
IMPLEMENTATION
PROVISIONS
Article 36.-
Implementation effect
This Decree takes implementation effect 15 days
after its signing.
Decree No. 59/HDBT of June 5, 1989 of the
Council of Ministers on the regime of royalties for socio-political works,
cultural and education works, literary and art works, science and technology
works and the documents guiding the implementation thereof shall become invalid
as from the date this Decree takes effect.
The previous provisions contrary to the
provisions of this Decree are thereby all annulled.
Article 37.- Responsibility
for implementation guidance
The Ministry of Culture and Information shall guide
the implementation of this Decree.
Article 38.-
Responsibility for implementation of this Decree
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai