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THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 17/2023/ND-CP
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Hanoi, April 26, 2023
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DECREE
ELABORATING THE
LAW ON INTELLECTUAL PROPERTY REGARDING COPYRIGHTS AND RELATED RIGHTS
Pursuant
to the Law on Government Organization dated June 19, 2015; the Law on amendment
to the Law on Government Organization and the Law on Local Government
Organization dated November 22, 2019;
Pursuant
to the Law on Intellectual Property dated November 26, 2005; the Law on
amendments to the Law on Intellectual Property dated June 19, 2009; the Law on
amendments to the Law on Insurance Business, the Law on Intellectual Property
dated June 14, 2019, and the Law on amendments to the Law on Intellectual
Property dated June 16, 2022;
At
request of the Minister of Culture, Sports and Tourism;
The
Government promotes Decree elaborating the Law on Intellectual Property
regarding copyrights and related rights.
Chapter
I
GENERAL PROVISIONS
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1. This
Decree elaborates the Law on Intellectual Property; the Law on amendments to
the Law on Intellectual Property dated 2009; the Law on amendments to the Law
on Insurance Business, the Law on Intellectual Property dated 2019, and the Law
on amendments to the Law on Intellectual Property dated 2022 (hereinafter
referred to as “the Law on Intellectual Property”) regarding copyrights and
related rights.
2. This
Decree does not prescribe royalty rates and payment methods for cases where the
Government represents the ownership of copyrights and related rights, the
Government represents the right to management of copyrights and related rights;
cases that falls under limited copyrights or limited related rights shall
comply with Article 35 of this Decree.
Article
2. Regulated entities
This
Decree applies to:
1. Authors,
holders of copyrights, performers, holders of related rights according to the
Law on Intellectual Property.
2. Other
organizations and individuals whose operations are relevant to copyrights and
related rights.
3. Competent
authorities in copyrights and related rights.
Article
3. Definitions
In this
Decree, terms below are construed as follows:
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2. “anonymous
work” means a work which has an unknown or undisclosed author (real name or
pseudonym) when the work is published.
3. “fixation”
means the expression of a work in form of handwriting, other symbols, lines,
blocks, composition, color, audio, images, or the recreation of audio, images
in a definite tangible form from which the work is recognized, duplicated, or communicated.
4. “original
work” means the first tangible copy upon which creation of the work takes
place for the first time.
5. “copy”
means a direct or indirect imitation of the entirety or part of a work on any
medium or format.
6. “audio
recording, video recording” mean fixation of audio, images of a performance
or other audio, images or fixation of recreation of audio, images other than
fixation accompanying a work of motion picture or a work created in similar
fashion. Audio recordings and video recordings can be recordings that are used
in news outlets on radio, television, internet services; art performance recordings;
recording of activities of one or many people, description of events,
situations, or reality television.
7. “copy
of audio recording, video recording” means an indirect or direct copy of
the entirety or part of audio recording, video recording on any medium or
format.
8. “publication
of fixed work, performance, audio recording, video recording” means
publication, with consent of holders of copyrights and holders of related
rights, of copies of works, fixed performances, video recordings, audio recordings
on any medium in a reasonable quantity for public access depending on the
nature of the works, performances, audio recordings, video recordings Works of
art and works of architecture are considered to have been published if they are
placed in public areas with the consent of holders of copyrights to public
access and duplication.
Performance
of dramatic works, works of music; screening of motion picture; public recital
of works of works of literature; broadcasting of works of literature, works of
art; display of works of art; or building of constructions from works of
architecture is not considered to be publication.
9. “work
of foreign organizations, individuals first published in Vietnam” means a
work which has not been published in any other country prior to being published
in Vietnam.
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11. “rebroadcast”
means to broadcast again after the broadcast has ended or broadcast programs
simultaneously received from another broadcasting organization.
12. “encrypted
program-carrying satellite signals” means a satellite signal carrying a
transmitted program which has its audio, image, or audio and image modified and
altered in order to prevent people who do not possess legal decrypting devices
from illegally receive the program carried by the signal.
13. “other
tangible benefits” mean benefits which authors, holders of copyrights, and
holders of related rights are eligible to receive such as receiving awards,
receiving gift books post-publication, receiving tickets to performance shows
or screening of motion pictures, product exhibition, galleries.
14. “infringing
element” means an element created by the infringement of copyrights,
related rights.
15. “examined
act” means an act suspected of infringing copyrights and/or related rights
and being reviewed in order to determine whether the act infringes copyrights
and related rights.
16. “examined
subject” means a subject suspected for infringing copyrights and/or related
rights and being reviewed in order to determine whether the work infringes
copyrights and related rights.
Article
4. Government's policies pertaining to copyrights and related rights
1. Provide
financial support to allow state agencies and organizations tasked with
disseminating works, performances, audio recordings, video recordings,
broadcasting programs with ideology, scientific, educational, and artistic
value serving public goods and socio-economic development to purchase
copyrights.
2. Prioritize
investment in training and improving public officials, public employees
managing and providing copyright, related right protection from central to
local governments.
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4. Promote
communication to raise awareness and compliance with the law pertaining to
copyrights and related rights. Promote education about copyrights and related
rights in schools and other education institutions depending on level of
education and training.
5. Mobilize
social resources, invest, and provide financial support in order to encourage
creativity, exploitation, transfer, and development of culture industries,
improve copyright and related right protection system, and satisfy
socio-economic development and international integration requirements.
6. Prioritize
copyright and related right protection for organizations, individuals, and
enterprises promoting culture industry development; promoting conversion of
works to a more accessible format for persons with disability as per the law
and enabling persons with disability to access the works.
Article
5. State management responsibilities and details pertaining to copyrights and
related rights
1. The
Government shall perform joint state management pertaining to copyrights and
related rights.
2. The
Ministry of Culture, Sports and Tourism is responsible to the Government for
performing state management pertaining to copyrights and related rights and
shall:
a)
develop and promulgate within their competence or request competent authority
to promulgate, coordinate and organize implementation of regulations, policies,
legislative documents, strategies, planning, plans, programs, schemes
pertaining to copyright and related right protection, development of culture
industries having copyright and related right protected;
b) take
charge and cooperate in implementing measures protecting legal rights and
benefits of organizations, individuals, Government, and society in the field of
copyright and related right protection;
c)
manage and utilize copyrights of works and related rights of performances, audio
recordings, video recordings, broadcasting programs whose ownership or
management is represented by the Government; receive transfer of copyrights and
related rights from organizations and individuals to the Government as per the
law;
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dd)
provide guidelines on providing cooperating, placing orders, using, and
securing copyrights of works and related rights of performances, audio
recordings, video recordings, and broadcasting programs;
e)
approve translating works from foreign languages to Vietnamese and duplicating
the works for lecture, study purposes and non-commercial purposes in accordance
with Appendix of the Berne Convention for the Protection of Literary and
Artistic Works;
g)
manage operation of organizations acting as collective representatives of
copyright or related rights and counseling organizations, service providers
regarding copyright, related rights;
h)
approve royalty rate and payment method developed by organizations acting as
collective representatives of copyright or related rights;
i)
issue, re-issue, revise, and annul Certificate of registered copyrights,
Certificate of registered related rights;
k)
produce and manage the National register of copyrights and related rights;
authenticate copyrights;
l) publish
and promulgate the Registration catalog on copyrights and related rights;
m) take
charge and cooperate with relevant ministries in managing and coordinating
scientific research, training, advanced training, professional personnel
development pertaining to copyrights and related rights; granting commendations
regarding copyrights and related rights;
n)
direct, guide, encourage, and organize education, communication activities to
disseminate knowledge, laws, regulations, and policies regarding copyrights and
related rights; provide professional training and advanced training regarding
copyrights and related rights;
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p)
organize communication and media activities regarding copyrights, related
rights, and culture industries benefiting from copyright, related right
protection;
q)
manage and organize assessment of copyrights and related rights; issue, re-issue,
and revoke assessor’s cards for copyrights and related rights, certification
for assessing body of copyrights and related rights;
r) take
charge and cooperate with competent authorities in examining, inspecting,
resolving complains, accusations, and taking actions against violations
relating to copyrights and related rights;
s)
implement international cooperation regarding copyrights and related rights;
negotiate, sign, join, and organize implementation of international treaties
regarding copyrights and related rights; propose resolution to conflicts
between Vietnam and other countries regarding copyrights and related rights;
t)
implement other tasks assigned by the Government.
3. Ministries,
ministerial agencies, and Governmental agencies, within their functions and
powers, are responsible for cooperating with Ministry of Culture, Sports and
Tourism in performing state management pertaining to copyrights and related
rights.
4. People’s
Committees of provinces and central-affiliated cities (hereinafter referred to
as “provincial People’s Committees”) shall perform state management pertaining
to copyrights and related rights in local government and:
a)
develop, promulgate within competence and organize implementation of
regulations, policies, legislative documents, strategies, planning, plans,
programs, and schemes regarding copyright and related right protection in
provinces;
b)
direct, guide, encourage, and organize education activities, dissemination, and
popularization of knowledge, laws, regulations, and policies regarding
copyrights and related rights in provinces. Coordinate scientific research
operation, provide professional guidance, organize training, advanced training,
and professional training pertaining to copyrights and related rights in
provinces;
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d)
guide and assist organizations, individuals in processing procedures regarding
copyrights and related rights in provinces;
dd)
examining, inspecting, and resolving complaints, accusations, and violations of
the law regarding copyrights and related rights in provinces;
e)
conduct other tasks and powers as per the law.
5. The
Copyright Office of Vietnam affiliated to the Ministry of Culture, Sports and
Tourism is responsible for assisting the Minister of Culture, Sports and
Tourism in performing state management pertaining to copyrights and related
rights.
Chapter
II
COPYRIGHTS AND RELATED RIGHTS
Section
1. COPYRIGHT
Article
6. Types of works eligible for copyright protection
1. Works
of literature, scientific works, textbooks, course books, and other works
expressed in form of handwriting or other symbols specified under Point a
Clause 1 Article 14 of the Law on Intellectual Property:
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b)
Textbooks are published works that specify requirements of full-time education
program, are approved and allowed by the Minister of Education and Training to
be used as official teaching materials in full-time education institutions;
c) Course
books are official teaching, studying, research materials which have contents
appropriate to training programs and are approved, selected by heads of higher
education institutions, vocational education and training facilities or
approved by competent state authorities as per the law;
d)
Works expressed in other symbols are works displayed in form of tactile letters
for visually impaired, shorthand symbols, and symbols representing handwritings
that can be understood and reproduced by individuals and organizations by
different methods.
2. Lectures,
speeches, and other talks specified under Point b Clause 1 Article 14 of the
Law on Intellectual Property are works expressed by spoken language and must be
fixed in a definite tangible medium.
3. Journalism
works specified under Point c Clause 1 Article 14 of the Law on Intellectual
Property mean works which have independent contents and complete structure,
include: Report, newsflash, narration, interview, reflection, investigation,
commentary, leading article, treatise, journalistic prose, and other forms of
journalism which are then published or broadcasted on printed newspaper,
talking newspaper, photo newspaper, online newspaper, or other media.
4. Musical
works specified under Point d Clause 1 Article 14 of the Law on Intellectual
Property are works that are expressed in form of notes in a musical arrangement
or other music symbols regardless whether they are performed or not.
5. Theatrical
works specified under Point dd Clause 1 Article 14 of the Law on Intellectual
Property are works that fall under performance arts and include: “Chèo”,
“tuồng”, “cải lương”, dance, puppetry, contemporary dance, ballet, play, opera,
folk play, physical theater, musical theater, circus, comedy, variety shows,
and other performance arts.
6. Motion
pictures and works created in similar methods specified under Point e Clause 1
Article 14 of the Law on Intellectual Property are works which have contents
expressed by a series of still images in succession or images created by
technical, technological equipment; with or without audio and other effects
according to film language principles. Still images extracted from a motion
picture are parts of that motion picture.
Motion
pictures do not include video recordings serving news propagation on radio
broadcasting services, television services, the internet; performance art
programs, video games; video recordings of activities of one or many people,
events, situations, or reality shows.
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a)
Paintings: Paintings of lacquer, oil paint, powder, water color, dó paper, and
other materials;
b)
Graphics: Wood engravings, metal engravings, rubber engravings, plaster engravings,
unique prints, rock prints, propaganda paintings, graphic design, and other
materials;
c) Sculpture:
Statues, monuments, relief, memorials, symbolic blocks;
d)
Installation arts and other forms of contemporary art.
Works
of art, sculpture, installation art, and other forms of contemporary art exist
as unique copies. Works of graphic art can be depicted to the 50th
iteration which must be numbered and signed by the authors.
8. Works
of applied art specified under Point g Clause 1 Article 14 of the Law on
Intellectual Property are works expressed by lines, color, shapes, and
compositions with useful functions, potentially associated with a useful item,
and manufactured manually or industrially and include: Graphic design
(presentation of product logos, identity, and packaging; presentation of
characters); fashion design; aesthetic design associated with forming products;
aesthetic interior design, interior and exterior decoration. Works of applied
art are expressed by aesthetic shaping of products, cannot be easily created by
persons with average understanding in respective field, and do not require
aesthetic exterior in order to function.
9.
Works of photography specified under Clause 1 Article 14 of the Law on
Intellectual Property are works depicting images of an objective world on
light-sensitive materials or media on which images are created or works
depicting images of an objective world created chemically, electronically, or
by other technical measures. Works of photography may or may not be accompanied
by notes.
10. Works
of architecture specified under Point i Clause 1 Article 14 of the Law on
Intellectual Property are works in the field of architecture, including:
a)
Architectural design drawing of constructions or a combination of constructions,
interior, scenery;
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11. Flow
charts, graphs, maps, drawings specified under Point k Clause 1 Article 14 of
the Law on Intellectual Property include flow charts, graphs, maps, drawings
relating to topography, scientific and architectural constructions.
12. Works
of folk literature and art specified under Point 1 Clause 1 Article 14 and
Clause 1 Article 23 of the Law on Intellectual Property include:
a)
Works of folk literature and art specified under Point a Clause 1 Article 23 of
the Law on Intellectual Property are arts of words;
b)
Works of folk literature and art specified under Point b and Point c Clause 1
Article 23 of the Law on Intellectual Property are performance arts such as
“chèo”, “tuồng”, “cải lương”, puppetry, singing rhythm, folk songs, melodies;
dance, folk dance, play, folk games, folk festivals, village festivals, other
forms of folk ceremonies.
Article
7. Derivative works
Derivative
works specified under Clause 2 Article 14 of the Law on Intellectual Property
are works created on the basis of one or many existing works, including:
1. Works
of translation mean works depicted in languages other than original languages
of the works being translated.
2. A
derived work is a work that imitates the contents of another work, possibly
changes the genre or contains other changes in the same genre, including
changing the composition of the original work to better fit different use
conditions.
3. A
compiled work is a work compiled from a part or the entirety of existing works
in a definite theme and may include commentary, assessment.
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5. A
selected work is a work selected from existing works of one or many authors in
a definite period or theme, including anthology.
6. A
modified work is a work that is re-compiled, re-written, re-arranged, or having
its expression changed relative to the original work for a specific purpose or
requirement.
7. An adapted
work means a work that is adapted from one medium to another or one art style
to another relative to the work based on which the adapted work is created.
Article
8. Works not eligible for copyright protection
1. Purely
reporting news specified under Clause 1 Article 15 of the Law on Intellectual
Property are short, daily information, short news, factual figures which are
informative but not creative in nature.
2. Legislative
documents specified under Clause 2 Article 15 of the Law on Intellectual
Property include documents of Governmental agencies, political organizations,
socio-political organizations, socio-profession-political organizations, social
organizations, socio-profession organizations, and people’s armed forces.
3. Procedures,
systems, methods of operation, concepts, principles, and figures specified
under Clause 3 Article 15 of the Law on Intellectual Property are construed as
follows:
a)
Procedures are sequences of actions which must be complied with in order to
carry out tasks;
b) A
system is a combination of factors, units of the same types or functions that
are closely connected or correlated and create a unified form;
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d)
Concepts are thoughts reflecting overview of real things and phenomena and how
they are connected;
dd)
Principles are basic, general rules that govern a series of phenomenon;
important initial thoughts or theories and starting points for further
development of other theories.
Article
9. Copyrights of lectures, speeches, and other talks
If
authors fix lectures, speeches, or other talks in form of audio recordings or
video recordings, they shall hold copyrights of the lectures, speeches, and
other talks and simultaneously act as right holders of the audio recordings and
video recordings in accordance with Point b Clause 1 Article 44 of the Law on
Intellectual Property.
Article
10. Copyrights of motion pictures
1. Individuals
mentioned under Point a and Point b Clause 1 Article 21 of the Law on
Intellectual Property shall have the right to have their names attached to the
motion pictures and be named when the motion pictures are published or used. It
is permissible to not include name of everyone in the cast and persons carrying
out creative works specified under Point b Clause 1 Article 21 of the Law on
Intellectual Property in a motion picture due to the use of said motion picture.
2. In
case of agreement on naming and/or editing of motion pictures according to
Point d Clause 1 Article 21 of the Law on Intellectual Property, screenwriters
and directors are not allowed to take advantage of their moral rights to
prevent the naming and editing of motion pictures which are compliant with
creative and use requirements of the motion pictures.
Authors
and copyright holders of scripts in musical works and musical works which are
used in motion pictures are only allowed to prohibit distortion of their
scripts in musical works and musical works or revision, editing of their
scripts in musical works and musical works which harm their reputation or
credibility.
3. The
right to lease original or copy of motion pictures mentioned under Point e
Clause 1 Article 20 of the Law on Intellectual Property is the right of
copyright holders to exclusively lease or authorize other individuals to lease
for a limited amount of time.
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1. Authors
who are copyright holders shall benefit from moral rights under Article 19 of
the Law on Intellectual Property and economic rights under Article 20 of the
Law on Intellectual Property.
2. Authors
who are not copyright holders shall benefit from moral rights under Clauses 1,
2, and 4 Article 19 of the Law on Intellectual Property; copyright holders
shall benefit from rights under Clause 3 Article 19 and Article 20 of the Law
on Intellectual Property.
3. Authors
and organizations, individuals investing finance and technical infrastructures
in creation of architectural works can negotiate about repair of architectural
works.
Article
12. Copyrights of computer programs
1. Authors
who are copyright holders shall benefit from moral rights under Article 19 of
the Law on Intellectual Property and economic rights under Article 20 of the
Law on Intellectual Property.
2. Authors
who are not copyright holders shall benefit from moral rights under Clauses 1,
2, and 4 Article 19 of the Law on Intellectual Property; copyright holders
shall benefit from rights under Clause 3 Article 19 and Article 20 of the Law
on Intellectual Property.
3. Organizations
and individuals that have the right to legally use copies of computer programs
are allowed to fix errors of the computer program copies when necessary.
4. The
right to lease computer programs under Point e Clause 1 Article 20 of the Law
on Intellectual Property is the right of copyright holders to exclusively lease
or allow other individuals to lease the computer programs for a limited amount
of time.
5. The
right to lease computer programs does not apply if the computer programs are
not the main subject matter of the lease in accordance with Point e Clause 1
Article 20 of the Law on Intellectual Property such as computer programs associated
with normal operation of traffic vehicles or other technical machinery,
equipment.
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1. Works
of folk literature and art specified under Points a, b, and c Clause 1 Article
23 of the Law on Intellectual Property shall be protected by copyrights
regardless of their fixation.
2. The
use of works of folk literature and art specified under Clause 2 Article 23 of
the Law on Intellectual Property means collecting, studying, performing, and
introducing values of works of folk literature and art.
3. Citing
origins of works of folk literature and art specified under Clause 2 Article 23
of the Law on Intellectual Property means specifying origins, locations of
community where the works of folk literature and art are created.
Article
14. Moral rights
1. The
right to name their works specified under Clause 1 Article 19 of the Law on
Intellectual Property does not apply to works translated from one language to
another. The naming of the works must not violate regulations under Clause 2
Article 7 of the Law on Intellectual Property and other relevant law
provisions.
2. The
right to have their real names or pseudonyms attached to their works under
Clause 2 Article 19 of the Law on Intellectual Property applies even when their
works are used for derivative works. When authors' works are published or used
for derivative works, real names or pseudonyms of the authors must be
specified.
3. The
right to publish their works or permit other persons to publish their works
specified under Clause 3 Article 19 of the Law on Intellectual Property is the
issuing of copies of the works in any format in a reasonable quantity for
public access depending on the nature of the works by authors or copyright
holders or other individuals, organizations with consent of the authors or
copyright holders.
Article
15. Public performance right
The
right to perform publicly either directly or indirectly via audio recordings, video
recordings, or any technological devices in areas accessible to the public
where the public cannot freely choose the time or part of the works specified
under Point b Clause 1 Article 20 of the Law on Intellectual Property is
construed as follows:
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2. With
respect to musical works specified under Point d Clause 1 Article 14 of the Law
on Intellectual Property: Copyright holders have the right to exclusively
enable or permit other persons to enable the public to audibly perceive the
works or perceive the works performed live on stage while the public cannot
freely choose time or part of the works. Perception of the works can be done
from within the presentation locations, via screens, monitors, speakers, or
similar technological devices.
3. With
respect to motion pictures specified under Point e Clause 1 Article 14 of the
Law on Intellectual Property: Copyright holders have the right to exclusively
enable or permit other persons to enable the public to access, perceive motion
pictures via technological devices while the public cannot freely choose time
or part of the works.
4. With
respect to works of fine arts and works of photography specified under Points g
and h Clause 1 Article 14 of the Law on Intellectual Property: Copyright
holders have the right to implement or permit other persons to implement
exhibitions, display, projection of the works to allow the general public to
perceive original works or copies of the works.
Article
16. Joint authorship and joint copyright ownership
1. Co-authors
who also are co-owners of copyrights shall negotiate about the exercising of
moral rights and economic rights of the works in accordance with Clause 3
Article 12a of the Law on Intellectual Property.
2. Co-authors
who are not co-owners of copyrights of the works shall negotiate about the
exercising of moral rights while co-owners of copyrights of the works shall
negotiate about the exercising of economic rights of the works in accordance
with Clause 3 Article 45 and Clause 3 Article 47 of the Law on Intellectual
Property.
3. Co-authors
and co-owners of copyrights are not allowed to reject the use of their works in
a regular manner and for common interests.
4. Co-owners
of copyrights of the works have the right to waive the rights specified under
Clause 3 Article 19 and Clause 1 Article 20 of the Law on Intellectual Property
in writing and notify other co-owners of copyrights. Rights of co-owners of
copyrights who have waived their rights shall be automatically transferred to
other co-owners.
Article
17. Copyright term of post-humous works
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Article
18. Copyright holders
Copyright
holders specified under Article 36 of the Law on Intellectual Property include:
1. Vietnamese
organizations and individuals.
2. Foreign
organizations and individuals whose works are created and expressed in a
definite tangible medium in Vietnam.
3. Foreign
organizations and individuals whose works are first published in Vietnam.
4. Foreign
organizations and individuals whose works are protected in Vietnam in accordance
with International treaties to which Vietnam is a signatory.
Section
2. MORAL RIGHTS
Article
19. Rights of performers
1. The
right to directly reproduce performances fixed on audio recordings, video
recordings in accordance with Point b Clause 3 Article 29 of the Law on
Intellectual Property is the right of right holders to exclusively produce or
permit other persons to produce other copies from the audio recordings and video
recordings.
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3. The
right to communicate unfixed performances to the public specified under Point c
Clause 3 Article 29 of the Law on Intellectual Property is the right of right
holders to exclusively communicate or permit other persons to communicate
unfixed performances to the public by any other technological measures other
than broadcasting.
Article
20. Use of broadcasting program
1. Right
holders of broadcasting programs specified under Point c Clause 1 Article 44 of
the Law on Intellectual Property are broadcasting organizations that invest
finance and their technical facilities in broadcasting, unless otherwise
agreed.
2. If
works, audio recordings, video recordings are used for the purpose of producing
broadcasting programs, broadcasting organizations must fulfill obligations
towards copyright holders and related right holders as per the law.
3. Organizations
and individuals using broadcasting programs of other broadcasting organizations
according to Point a and Point b Clause 1 Article 31 of the Law on Intellectual
Property to re-broadcast or transmit via cables, electronic information network,
telecommunication network, the internet, or any other technological means shall
comply with agreements and relevant law provisions. The revision, editing, and
addition to broadcasting programs of other broadcasting organizations for the
purpose of re-broadcasting or transmitting via cables, electronic information
network, telecommunication network, the internet, or any other technological
means require agreement with right holders of the broadcasting programs.
Section
3. LICENSING OF COPYRIGHT AND RELATED RIGHTS, USE OF WORKS, PERFORMANCES, AUDIO
RECORDINGS, VIDEO RECORDINGS, BROADCASTING PROGRAMS IN SPECIFIC SITUATIONS
Article
21. Licensing of copyright and related rights
Licensing
of copyright and related rights specified under Article 47 of the Law on
Intellectual Property include permitting organizations and individuals to
exclusively or jointly use one or some or all of the rights specified under
Clause 1 and Clause 3 Article 19, Clause 1 Article 20, Clause 3 Article 29,
Clause 1 Article 30, and Clause 1 Article 31 of the Law on Intellectual
Property depending on time, location, and scope of use.
Article
22. Use of works, performances, audio recordings, video recordings, and
broadcasting programs where the Government represents copyright ownership and
related right ownership
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a) Use
permission and royalties are required for cases under Clause 3 Article 19,
Clause 1 Article 20, Clause 3 Article 29, Clause 1 Article 30, and Clause 1
Article 31 of the Law on Intellectual Property;
b) Use
permission is not required but royalties are required for cases under Clause 1
Article 26 and Clause 1 Article 33 of the Law on Intellectual Property;
c) Use
permission and royalties are not required for cases under Clause 3 Article 20,
Clause 1 Article 25, Article 25a, Clause 5 Article 29, Clause 3 Article 30,
Clause 3 Article 31, and Clause 1 Article 32 of the Law on Intellectual
Property.
2. Organizations
and individuals shall fulfill obligations under Clause 1 of this Article
towards:
a)
Agencies using state budget to place order, assign tasks, and bid for creation
of works, performances, audio recordings, video recordings, and broadcasting
programs for cases under Point a Clause 1 Article 42 of the Law on Intellectual
Property;
b)
State authorities governing copyright and related rights of Ministry of
Culture, Sports and Tourism for cases under Point b and Point c Clause 1
Article 42 of the Law on Intellectual Property.
3. Organizations
and individuals shall apply for use permission of works, performances, audio
recordings, video recordings, and broadcasting programs where the Government
represents copyright ownership and related right ownership for cases under
Point a Clause 1 of this Article as follows:
a)
Submit application in person or via post service to agencies under Clause 2 of
this Article;
b)
Composition of application:
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Use
plans;
Copies
of document proof of payment for approval for the use of works, performances, audio
recordings, video recordings, and broadcasting programs where the Government
represents copyright ownership and related right ownership (if payment is made
via post service or directly to account);
Power
of attorney (notarized, certified, or consular legalized) if the application is
submitted via authorization.
c)
Within 30 days from the date on which adequate application is received,,
agencies under Clause 2 of this Article shall send notice on royalty payment
and royalty estimates to the applicants;
d) The
applicants, upon receiving the notice, must pay royalties in accordance with
royalty estimates within 5 working days (including proof of royalty payment);
dd)
Within 5 working days from the date on which royalties are received, agencies
under Clause 2 of this Article shall promulgate documents approving the use of
works, performances, audio recordings, video recordings, and broadcasting
programs where the Government represents copyright ownership and related right
ownership;
e)
Applicants, upon having the use permission approved, shall remain under
inspection and examination of competent authorities regarding the use of works,
performances, audio recordings, video recordings, and broadcasting programs in
accordance with the approved applications;
g)
Application shall be rejected when:
The
application is inadequate in accordance with Point b of this Clause;
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4. State
authorities governing copyrights and related rights of the Ministry of Culture,
Sports and Tourism shall be responsible for receiving copyrights and related
rights licensed by organizations and individuals under Point b and Point c
Clause 1 Article 42 of the Law on Intellectual Property as per the law.
5. State
authorities, organizations, and individuals upon discovering infringement of
copyrights or related rights under Clause 1 of this Article have the right to
request competent authorities to take actions as per the law.
Article
23. Use of works, performances, audio recordings, video recordings, and
broadcasting programs where the Government represents the right to management
of copyright, related right
1. Works,
performances, audio recordings, video recordings, and broadcasting programs
where the Government represents the right to management of copyright sand
related rights specified under Clause 2 Article 42 of the Law on Intellectual
Property include:
a)
Works, performances, audio recordings, video recordings, and broadcasting
programs where copyright holders, related right holders, copyright co-owners,
related right co-owners cannot be identified: Mean works, performances, audio
recordings, video recordings, and broadcasting programs which have been
published without any information on authors, performers, copyright holders,
related right holders or with information on authors, performers, copyright
holders, related right holders which are Vietnamese organizations and
individuals which cannot be reached;
b)
Anonymous works: Mean works which have unknown or undisclosed authors (real
name or pseudonym) when the works are published.
Authors,
performers, copyright holders, related right holders, copyright co-owners,
related right co-owners specified under Point a and Point b of this Clause
shall be hereinafter referred to as “right holders”.
2. Organizations
and individuals wishing to use works, performances, audio recordings, video
recordings, or broadcasting programs under Clause 1 of this Article shall apply
to state authorities governing copyrights and related rights of Ministry of
Culture, Sports and Tourism in person or via post service after failing to search
for or contact the right holders.
3. Application
for approval for use of works, performances, audio recordings, video recordings,
broadcasting programs where the Government represents the right to management
of copyright and related rights consists of:
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b) Use
plans;
c)
Documents proving search effort mentioned under Clause 2 of this Article
include:
Documents
proving search effort for right holders in the Registration catalog on
copyrights and related rights on websites of copyrights and related rights;
Documents
on the search for right holders sent to organizations acting as collective
representatives of copyright or related rights in the same field as the works,
performances, audio recordings, video recordings, and broadcasting programs in
question which are not replied or are replied without information on right
holders after 30 days from the date of submission.
If
organizations acting as collective representatives of copyright or related
rights in the same field are absent, the documents must be sent to at least 2
organizations and individuals who have used or are using the works,
performances, audio recordings, video recordings, and broadcasting programs in
question (if any);
Documents
proving the use of electronic devices for the purpose of looking up information
on right holders on telecommunication network and the internet.
d)
Copies of document proof of payment for approval for the use of works,
performances, audio recordings, video recordings, and broadcasting programs
where the Government represents the right to management of copyright and
related right (if payment is made via post service or directly to account);
dd)
Power of attorney (notarized, certified, or consular legalized) if the
application is submitted via authorization.
4. Within
20 days from the date on which adequate application is received, authorities
under Clause 2 of this Article shall:
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b) If
right holders or authorized persons (if any) object to the request, they shall
submit documents on objection and documents proving their position as right
holders to authorities under Clause 2 of this Article. Document proof includes:
Documents
under Clause 1 and Claus 2 Article 77 of this document;
Original
copies or notarized, certified, or consular legalized copies of contracts for
creative works, licensing, gifting, trading, capital contribution, transfer of
use right of copyright and related rights; documents on task assignment,
inheritance or similar documents in case right holders receive transferred
copyright and related rights or inherit copyright and related rights as per the
law.
Letter
of attorney (notarized, certified, or consular legalized) in case persons
making the objection is the authorized persons.
c) If
right holders or authorized persons (if any) within 30 days from the date of
upload under Point a of this Clause, they are considered to have waived the
chance to object.
5. At
the end of the time limit under Point c Clause 4 of this Article, authorities
under Clause 2 of this Article shall review the application and notify the
results as follows:
a) If
documents on objection are received and right holders have been identified in
accordance with assumption of copyright and related rights and other relevant
law provisions, authorities under Clause 2 of this Article shall send notice on
the results within 30 days to right holders and applicants to allow the parties
to negotiate about the use in a law-compliant manner;
b) If
documents on objection are not received or right holders cannot be identified
in accordance with assumption of copyright and related rights and other
relevant law provisions and the application is not rejected in accordance with
Point a and Point c Clause 7 of this Article, authorities under Clause 2 of
this Article shall send notice on royalty payment and royalty estimates within
30 days to the applicants.
The
applicants, upon receiving the notice, must pay royalties in accordance with
the royalty estimates within 5 working days (including proof of royalty
payment);
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The
approved use shall be available a definite amount of time and considered for
extension if the applicants submit applications.
6. Applicants
having their applications approved must pay royalties and stay under examination
and inspection of competent authorities regarding the use of works,
performances, audio recordings, video recordings, and broadcasting programs in
accordance with their approved applications.
7. Application
for approval for use is rejected when:
a) The
application is inadequate in accordance with Clause 3 of this Article;
b) The
right holders have been identified in accordance with Point b Clause 4 of this
Article;
c) The
right holders prohibited the use of their works, performances, audio recordings,
video recordings, or broadcasting programs prior to being unable to be found or
contacted;
d) The
applicants fail to pay royalties before the deadline under Point b of this
Clause.
8. Responsibilities
for managing royalties:
a)
Authorities under Clause 2 of this Article are responsible for collecting
royalties in accordance with Point b Clause 5 of this Article and opening a
royalty account for all right holders who cannot be found or contacted.
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c) If
right holders cannot be found or contacted within 5 years from the date on
which the request is uploaded on websites on copyright and related rights,
royalties shall be used to encourage creative works, publicize and promote
copyright, related right protection as per the law after subtracting costs for
administration and search as per the law.
9. State
authorities, organizations, and individuals upon discovering infringement of
copyrights or related rights under this Article have the right to request
competent authorities to take actions as per the law.
Article
24. Use of works, performances, audio recordings, video recordings, and
broadcasting programs in the public domain
1. Organizations
and individuals using works, performances, audio recordings, video recordings,
and broadcasting programs in the public domain as specified under Article 43 of
the Law on Intellectual Property must respect moral rights under Clauses 1, 2,
and 4 Article 19 and Clause 2 Article 29 of the Law on Intellectual Property.
2. Regulatory
authorities, organizations and individuals holding related rights and
obligations, upon discovering infringement of moral rights under Clauses 1, 2,
and 4 Article 19 and Clause 2 Article 29 of the Law on Intellectual Property of
works, performances, audio recordings, video recordings, or broadcasting
programs whose copyright term has ended have the right to request persons
committing the infringement to cease the infringement, publish public apology
and rectification, file complaints or request complete authorities to take
actions as per the law.
3. Political
organizations, socio-political organizations, professional-social political
organizations, social organizations, professional-social organizations,
organizations acting as collective representatives of copyright and related
rights have the right to request competent authorities to protect moral rights
of works, performances, audio recordings, video recordings, or broadcasting
programs of their members that have ended protection term.
Chapter
III
LIMITS AND EXCEPTIONS OF COPYRIGHTS, RELATED RIGHTS
Section
1. COPYRIGHT EXCEPTIONS, RELATED RIGHT EXCEPTIONS
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1. Reasonable
partial reproduction of works by copying devices for individual scientific
research, studying purposes and not for commercial purposes according to Points
b and e Clause 1 Article 25 of the Law on Intellectual Property means to
reasonably reproduce no more than one copy containing a part of the works.
2. Copying
devices mentioned under Points a, b, and e Clause 1 Article 25 of the Law on
Intellectual Property mean devices that can perform copying function and have
all or part of relevant components automated with or without payments made by
persons not affiliated to organizations possessing, owning, or using the
devices for commercial purposes.
3. With
respect to works expressed in form of handwriting, reasonable reproduction
under Clause 1 of this Article means to reproduce in form of photocopy,
photography, or other means no more than 10% of total page count, storage unit
(bytes), word count of publication, or general length of publication in case of
works provided in form of unpaginated electronic publications.
Reasonable
reproduction using copying devices stated under this Clause must be separate
between organizations and individuals. If any repetition occurs within the same
works, it must be unrelated occurrence.
4. Organizations
and individuals reproducing works expressed in form of handwriting more than
what is allowed under Clause 3 of this Article must acquire permission from
copyright holders, pay royalties, and offer other tangible benefits (if any) to
copyright holders.
Article
26. Reasonable use of works
1. Reasonable
use of works as illustrations in lectures, unfixed performances for lecture
purposes specified under Point c Clause 1 Article 25 of the Law on Intellectual
Property must satisfy requirements below:
a) The
use of works as illustrations in lectures, unfixed performances must ensure
that the works are used only within the class of education institutions and
accessed only by learners and lecturers in the class.
If the
works are used in knowledge or skill tests and exams in formal education
system, the works can be used to a necessary degree;
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2. Reasonable
use of works as illustrations in works, fixed performances, audio recordings, video
recordings, broadcasting programs for the purpose of lecturing specified under
Point c Clause 1 Article 25 of the Law on Intellectual Property must be
contained within education institutions and satisfy other requirements under
Article 28 hereof.
Article
27. Use of works in public affairs of regulatory authorities
The use
of works in public affairs of regulatory authorities mentioned under Point d
Clause 1 Article 25 of the Law on Intellectual Property means the situation
where public officials and officials reproduce, adapt, exhibit, or display
works for the purpose of performing public affairs of regulatory authorities in
accordance with the Law on Officials and Public Officials.
Article
28. Reasonable citation of works
Reasonable
citation of works as specified under Point dd Clause 1 Article 25 of the Law on
Intellectual Property must satisfy all requirements below:
1. The
cited sections only serve to introduce, comment on, or explain issues mentioned
in the works.
2. The
cited sections must not unreasonably damage legal benefits of authors and
copyright holders of the cited works; fit the nature and characteristics of the
type of cited works.
3. Citation
must include direction to origin of the source materials and name of authors if
the authors are named on the works that are being cited.
Article
29. Use of works in libraries for non-commercial purposes
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2. Reasonably
reproducing part of works by copying devices for research and study purposes as
specified under Point e Clause 1 Article 25 of the Law on Intellectual Property
shall conform to Article 25 hereof and must include information copyrights on
the works from which copies are reproduced as per the law or detail notes about
copyright protection of the works if no other information on copyrights is
found on the works from which copies are reproduced.
3. Reproducing
or transmitting archived works for use between libraries via computer network
as specified under Point e Clause 1 Article 25 of the Law on Intellectual
Property must be protected by measures for preventing infringement of
copyrights and measures for preventing the works in digital form from being
accessed by the public outside of the libraries that legally use the copies.
4. Copying
devices located in libraries must be accompanied by notice requiring compliance
with copyright laws when producing copies.
Article
30. Copyright exceptions applied to persons with disabilities
1. Persons
with disabilities specified under Point m Clause 1 Article 25 and Article 25a
of the Law on Intellectual Property and this Article include:
a)
Persons having visual impairment;
b) Persons
with disabilities that render him/her unable to read printed materials or
otherwise read the works in a conventional manner are construed as: Persons
suffering from reduction or loss of awareness or the ability to read which
cannot be improved thereby causing them to be unable to read printed works like
a regular person or persons with disabilities who are unable to hold or use
books or similar printed works or move their eyes to read at a regular level.
2. Accessible
copies mentioned under Article 25a of the Law on Intellectual Property mean
copies of works expressed in form of raised dots, audio recording, digital
transformation, text-to-speech, sign language, or other format or methods that
allow persons with disabilities to access the works conveniently.
3. Organizations
satisfying requirements under Clauses 2, 3, 4, and 5 Article 25a of the Law on
Intellectual Property are non-profit organizations, regulatory authorities
whose operation or functions and tasks involve providing services for persons
with disabilities in the field of education, training, information access, and
reading in appropriate format and methods, including:
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b)
Integrative education development support centers specified under the Law on
Persons with Disabilities;
c) Care
centers for persons with disabilities include service centers for persons with
disabilities, center for independent living of persons with disabilities, and
other care centers for persons with disabilities specified under the Law on
Persons with Disabilities;
d)
Organizations of persons with disabilities, organizations for persons with disabilities
specified under the Law on Persons with Disabilities;
dd)
Schools for persons with disabilities according to the Law on Education;
e)
Libraries serving persons with disabilities according to the Law on Library;
g)
Other organizations meeting requirements above and acquiring approval of
regulatory authorities.
4. Organizations
under Point g Clause 3 of this Article shall apply for approval as follows:
a)
Organizations other than those mentioned under Points a, b, c, dd, and e Clause
3 of this Article that wish to reproduce, distribute, perform, or communicate
works in a form of accessible copies according to Clauses 2, 3, 4, and 5 of
Article 25a of the Law on Intellectual Property shall submit application to state
authorities governing copyrights and related rights affiliated to the Ministry
of Culture, Sports and Tourism together with relevant documents.
Within 30
days from the date on which adequate application is received, state authorities
governing copyrights and related rights affiliated to the Ministry of Culture,
Sports and Tourism shall promulgate decisions allowing or not allowing the
applicants to apply copyright exceptions applied to persons with disabilities;
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c)
Applications consist of:
Form
No. 3 under Appendix III attached hereto;
Use
plans;
Certified
true copies of business registration certificate or certificate of operation
registration or decision on establishment of the applicants and other document
proof meeting requirements under Clause 3 of this Article;
d)
Applicants that have acquired approval are not allowed to transfer the approved
rights to other organizations or individuals.
5. Organizations
mentioned under Clause 3 and Clause 4 of this Article must:
a)
ensure that their accessible copies satisfy requirements under Clause 1 Article
25a of the Law on Intellectual Property;
b) send
list of copies of works in accessible format to state authorities governing
copyrights and related rights affiliated to the Ministry of Culture, Sports and
Tourism and publish this list on their websites if they have their own
websites;
c)
respect right to privacy of persons with disabilities similar to right to
privacy of other people;
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6. Counterparts
under international agreements to which the Socialist Republic of Vietnam is a
signatory specified under Clause 3 and Clause 5 Article 25a of the Law on
Intellectual Property refer to organizations permitted by other member states
of the agreements.
Article
31. Reasonable reproduction of a part of performances, audio recordings, video
recordings, broadcasting programs
Reasonable
reproduction of a part of performances, audio recordings, video recordings, or
broadcasting programs for direct teaching by individuals and for non-commercial
purposes specified under Point c Clause 1 Article 32 of the Law on Intellectual
Property must satisfy requirements below:
1. The
reproduced part of performances, audio recordings, video recordings, and
broadcasting programs must only serve the teaching periods in education institutions
and only be accessed by learners, teachers in said teaching periods.
If the
works are used in knowledge or skill tests and exams in formal education
system, the works can be reproduced to a necessary degree.
2. The
reproduction must not unreasonably damage legal benefits of related right
holders.
3. This
regulation does not apply to published performances, audio recordings, audio
recordings, broadcasting programs used in teaching.
Article
32. Reasonable citation of performances, audio recordings, video recordings,
broadcasting programs
1. Reasonable
citation for the purpose of news production under Point d Clause 32 of the Law
on Intellectual Property refers to the use of excerpts purely for reporting
news.
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a) The
citation serves only to introduce, comment on, or elaborate on issues in news
production;
b)
Cited sections of performances, audio recordings, video recordings, and
broadcasting programs must not unreasonably damage legal benefits of
performers, related right holders of the performances, audio recordings, video
recordings, and broadcasting programs that are being cited; suit the nature and
characteristics of performances, audio recordings, video recordings, and
broadcasting programs that are being cited.
Article
33. Temporary copies
Temporary
copies specified under Point dd Clause 1 Article 32 of the Law on Intellectual
Property mean a limited-term fixed copies implemented by broadcasting
organizations via their equipment and devices to serve next their broadcast
sessions. In special cases, these copies shall be stored in official archive
centers.
Section
2. LIMITATIONS OF COPYRIGHTS AND RELATED RIGHTS
Article
34. Use of works, audio recordings, video recordings in case of limited
copyrights, related rights
1. Using
works that have been permitted by copyright holders to be fixed on audio
recordings, video recordings published for commercial use in business and
commercial operations as specified under Point b Clause 1 Article 26 of the Law
on Intellectual Property; audio recordings and video recordings published for
commercial use in business and commercial operations as specified under Point b
Clause 1 Article 33 of the Law on Intellectual Property means the situation
where organizations and individuals using works, audio recordings, video
recordings published for commercial use in restaurants, cafes, hotels, stores,
supermarkets, playgrounds, recreation areas, shopping malls, sports clubs,
health care - beauty centers, karaoke venues, bars, discotheques, during
operation of aviation sector, public transportation, similar business and
commercial operations.
2. Organizations
and individuals using works, audio recordings, and video recordings under
Clause 1 Article 26 and Clause 1 Article 33 of the Law on Intellectual Property
are required to directly communicate with copyright holders, performers, and
related right holders of audio recordings, video recordings or organizations
acting as collective representatives of copyright or related rights regarding
the use, list containing name and duration of works, audio recordings, and
video recordings used, and pay royalties as per the law.
If
copyright holders, performers, or related right holders of audio recordings or
video recordings cannot be found or reached, organizations and individuals
using the works, audio recordings, and video recordings shall fulfill
obligations to competent authorities according to Clause 6 Article 23 hereof while
competent authorities continue to search and manage according to Clause 8
Article 23 hereof.
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Article
35. Royalty payment in case of limited copyrights, related rights
1. Organizations
and individuals using works, audio recordings, video recordings published for
commercial purposes in broadcasting with sponsorships, advertisements, or any
form of charges as specified under Point a Clause 1 Article 26 and Point a
Clause 1 Article 33 of the Law on Intellectual Property are not required to
acquire permission but are required to pay royalties for copyright holders,
performers, related right holders for audio recordings, video recordings as per
agreement from the date of use; if agreement cannot be reached, royalties must
be paid in accordance with Appendix I hereof or lawsuits must be filed at court
as per the law.
2. Organizations
and individuals using works, audio recordings, video recordings published for
commercial purposes in broadcasting without sponsorships, advertisements, and any
form of charges specified under Point a Clause 1 Article 26 and Point a Clause
1 Article 33 of the Law on Intellectual Property are not required to acquire
permission but are required to pay royalties for copyright holders, performers,
and related right holders for audio recordings and video recordings in
accordance with Appendix I hereof.
3. Broadcasting
organizations using works, audio recordings, and video recordings in according
with Clause 1 and Clause 2 of this Article shall pay royalties on the basis of
one calendar year. If broadcasting organizations fail to pay royalties within
90 days from the end of a financial year in accordance with Clause 1 and Clause
2 of this Article, the organizations must stop using the works, audio recordings,
and video recordings.
This
Clause does not apply in case the parties have other agreements.
4. Organizations
and individuals using audio recordings and video recordings published for
commercial purposes in their business and commercial operations according to Point
b Clause 1 Article 26, Point b Clause 1 Article 33 of the Law on Intellectual
Property and Clause 1 Article 34 hereof are not required to acquire permission
but are required to pay royalties for copyright holders, performers, related
right holders for the audio recordings and video recordings as per agreement;
if no agreement is reached, royalties must be paid in accordance with Appendix
II hereof or lawsuits must be filed at court as per the law Failure to pay
royalties within 90 days from the date of use requires immediate suspension of
use.
Article
36. Use of the right to translate works in foreign languages to Vietnamese for
teaching and research of non-commercial nature
1. Vietnamese
organizations and individuals that wish to translate works that have been distributed
or expressed to the public legally for teaching and research of non-commercial
nature shall submit application for approval of translation from foreign
language to Vietnamese for teaching and research of non-commercial nature to state
authorities governing copyright and related right affiliated to the Ministry of
Culture, Sports and Tourism in person together with proof indicating that the
applicants have previously requested copyright holders to grant them permission
to translate the works into Vietnamese and have been rejected or failed to
reach an agreement or have failed to find copyright holders as long as any of
the requirements below are met:
a)
Copyright holders have not translated or allowed any organization, individual
to translate their works into Vietnamese within 3 years from the initial
publication of the works;
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2. Procedures
for application:
a)
Applicants shall submit application to state authorities governing copyright
and related rights affiliated to the Ministry of Culture, Sports and Tourism in
person or via post service;
b)
Within 20 days from the date on which adequate application is received,
authorities under Point a of this Clause shall send notice on the applicant’s
application for approval of translating works from foreign languages to
Vietnamese for teaching and research of non-commercial nature to copyright holders
and websites on copyright and related rights;
c)
Within at least 6 months from the date on which notice is uploaded in
accordance with Point b of this Clause, authorities under Point a of this
Clause shall send notice on royalty payment and royalty estimates to the
applicants;
d) The
applicants, upon receiving the notice, must pay royalties in accordance with
royalty estimates within 5 working days (including proof of royalty payment);
dd)
Upon receiving royalty payment, authorities under Point a of this Clause shall
promulgate documents approving the translation of works from foreign languages
to Vietnamese for teaching, research of non-commercial nature within 5 working
days;
e)
Authorities under Point a of this Clause are responsible for transferring
royalty payment to copyright holders in accordance with regulations on foreign
exchange management and other relevant law provisions. If copyright holders
cannot be found, comply with Clause 8 Article 23 hereof.
3. Application
consists of:
a) Form
No. 4 under Appendix III attached hereto;
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c)
Documents proving failed effort to request permission from copyright holders to
translate their works to Vietnamese or failed effort to search for copyright
holders;
d)
Documents proving fulfillment of conditions under Point a or Point b Clause 1
of this Article;
dd)
Copies of payment orders for fees for approval of translating works from
foreign languages to Vietnamese for teaching and research of non-commercial
nature (if fees are paid via post service or directly to accounts);
e)
Power of attorney (notarized, certified, or consular legalized) if the
application is submitted via authorization.
4. Organizations
and individuals that have acquired approval are only allowed to translate and
publish translation of approved works and are not allowed to transfer the right
to translate to other organizations and individuals.
Authorities
under Point a Clause 2 of this Article must not allow any other organizations
and individuals to translate works approved for translation to Vietnamese if
documents granting approval have not expired or have expired for less than 6
months.
5. If
copyright holders have published Vietnamese translation of their works which
are similar to printed materials that are the subject of approval documents
under this Article and have distributed printed materials at a reasonable price
in Vietnam, authorities under Point a Clause 2 of this Article shall issue
decision revoking the approval documents. Remaining copies of printed materials
implemented or published before decisions on revocation of competent
authorities are promulgated are allowed to be distributed.
6. Organizations
and individuals that have acquired approval are not allowed export copies of
materials or publications approved for Vietnamese translations, except for
cases where:
a) The
recipients in foreign countries are Vietnamese nationals;
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c) The
distribution of the printed materials is not of commercial nature;
d)
Countries in which the printed materials is distributed allow distribution of
printed materials from Vietnam or from within the countries.
Article
37. Use of the right to reproduce in teaching and research of non-commercial
nature
1. Vietnamese
organizations and individuals wishing to reproduce works that have been
distributed or expressed to the public legitimately for teaching and research
of non-commercial nature must submit application for works reproduction for
teaching and research of non-commercial nature to authorities governing
copyright and related rights affiliated to the Ministry of Culture, Sports and
Tourism together with proof indicating that the applicants have previously
requested copyright holders to grant them permission to reproduce the works
have been rejected or failed to reach an agreement as long as any of the
requirements below are met:
a)
Copyright holders have not distributed their works to the general public in
Vietnam within 5 years from the first publication or 3 years from the first
publication in case of works in the field of natural sciences, physics,
mathematics, technology or 7 years from the first publication in case of
novels, poems, stage plays, musical works, artistic works;
b)
Copyright holders have distributed copies and there are no more copies
available on the market past the time limits under Point a of this Clause.
2. The
application of Clause 1 of this Article must comply with requirements below:
a) The
applicants have requested permission to reproduce and publish the works from
copyright holders and have been rejected or have failed to find copyright
holders by all means necessary;
b) If
the applicants fail to find copyright holders, the applicants have then
submitted a copy of their request for authorization to publishers that are
named on the works via post at least 3 months prior to the application;
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d) Name
of the authors and specific name of publication of the works are printed on all
copies of the works;
dd) The
authors have not withdrawn from existing copies of the works.
3. Procedures
for application:
a)
Vietnamese organizations and individuals that wish to reproduce works that have
been distributed or expressed to the general public legitimately for teaching
and research of non-commercial nature shall submit application to state
authorities governing copyrights and related rights affiliated to the Ministry
of Culture, Sports and Tourism in person or via post service;
b)
Within 20 days from the date on which adequate application is received,
authorities under Point a of this Clause shall send notice on applicant's
application for approval of reproducing works that have been distributed or
expressed to the public legitimately for teaching and research of
non-commercial nature to copyright holders and websites on copyright and
related rights;
c)
Authorities under Point a of this Clause shall send notice on royalty payment
and royalty estimates to the applicants after at least 6 months for works in
the field of natural sciences, physics, mathematics, technology or 3 months for
other works from the date on which the notice is sent in accordance with Point
b of this Clause;
d) The
applicants, upon receiving the notice, must pay royalties in accordance with
royalty estimates within 5 working days (including proof of royalty payment);
dd)
Upon receiving royalty payment, authorities under Point a of this Clause shall
promulgate documents approving the reproduction of works for teaching, research
of non-commercial nature within 5 working days;
e)
Authorities under Point a of this Clause are responsible for transferring
royalty payment to copyright holders in accordance with regulations on foreign
exchange management and other relevant law provisions. If copyright holders
cannot be found, comply with Clause 8 Article 23 hereof.
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a) Form
No. 5 under Appendix III attached hereto;
b) Use
plans;
c)
Documents proving failed effort to request permission from copyright holders to
reproduce their works or failed effort to search for copyright holders;
d)
Documents proving fulfillment of conditions under Point a and Point b Clause 1
of this Article;
dd)
Copies of payment orders for fees for approval of reproducing works for
teaching and research of non-commercial nature (if fees are paid via post
service or directly to accounts);
e)
Power of attorney (notarized, certified, or consular legalized) if the
application is submitted via authorization.
5. Organizations
and individuals that have acquired approval are only allowed to reproduce and
publish copies of approved works and are not allowed to transfer the right to
reproduce to other organizations and individuals.
Chapter
IV
COPYRIGHT AND RELATED RIGHT REGISTRATION
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1. Authors,
copyright holders, related right holders that are Vietnamese individuals and
organizations, foreign individuals residing in Vietnam, foreign organizations
placing head offices, representative offices, or branches in Vietnam shall
submit application for registration of copyright and related rights in person
or via legal representatives in Vietnam.
2.
Authors, copyright holders, related right holders that are foreign individuals
not residing in Vietnam on a regular basis or foreign organizations without
head offices, representative offices, or branches in Vietnam shall submit
application for registration of copyright and related rights on level 4 online
public service portal or by authorizing counseling organizations and service
providers regarding copyright and related rights in Vietnam.
3. Legal
representatives under Clause 1 of this Article include:
a) In
case of individual applicant: Authorized legal representatives, counseling
organizations, service providers regarding copyright and related rights;
b) In
case of organization applicant: Legal representatives of the applicants or
individuals affiliated to organizations authorized by legal representatives of
the applicants; counseling organizations, service providers regarding copyright
and related rights authorized by the applicants; heads of head offices,
representative offices, or branches in Vietnam in case of foreign applicant
organizations.
4. Eligibility
for issuance, re-issuance, and revision of Certificate of registered copyright
or a Certificate of registered related rights:
a)
Authors, co-authors, copyright holders, copyright co-owners of works,
performers, related right holders, related right co-owners of performances, audio
recordings, video recordings satisfy requirements under Article 12a, Article
13, and Article 16 of the Law on Intellectual Property;
b)
Works, performances, audio recordings, video recordings, broadcasting programs
fall under formats or categories specified under Article 14 and Article 17 of
the Law on Intellectual Property;
c)
Composition of application conforms to Article 39, Article 40, and Article 41
hereof.
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a)
Applicants shall submit application in accordance with Clauses 1, 2, 3, and 8
of this Article, Clause 1 Article 39, Clause 2 Article 40, and Clause 2 Article
41 hereof and pay fees, charges as per the law;
b)
Competent authorities shall review, classify, and consider legitimacy of the
application within 1 month from the date on which they receive the application;
c) In
case of inadequate application, competent authorities shall request the
applicants to make adjustments to the application.
The
applicants must adjust their application within 1 month from the date on which
they receive notice requesting adjustment to their application except for force
majeure or other objective hindrance as per the law. If the applicants fail to
make adequate adjustment or any adjustment at all, competent authorities shall
return their application;
d)
Competent authorities shall keep 1 copy of the works of which copyright is
registered or 1 fixed copy of the subject of which related rights are
registered; return 1 copy of the works of which copyright is registered or 1 fixed
copy of the subject of which related rights are registered that have been
sealed and specified with number of certificate of registered copyright,
certificate of registered related right to the applicants as an inseparable
component of the certificate of registered copyright, certificate of registered
related right.
6. If
application is submitted via authorization, the application must contain power
of attorney. The power of attorney must include specific contact information of
the authorizing party, the authorized party; name of works, performances, audio
recordings, video recordings, broadcasting programs, scope of authorization,
and duration of authorization.
If
authorizing party are individuals, the power of attorney must be certified as
per the law.
7. Documents
in application for registration of copyright, related rights must be presented
in Vietnamese; or translated from other languages to Vietnamese (certified or
consular legalized); typed out or printed using permanent, clear, clean ink,
not erased or edited. If any insignificant typographical error is found in the
submitted documents, the applicants are allowed to correct the error as long as
they append their countersignature (and seal, if any) to the correction.
8. Application
for registration of copyright and related right shall be submitted to state
authorities governing copyright and related rights affiliated to the Ministry
of Culture, Sports and Tourism in person or via post service or via online
public service portal.
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1. Application
for issuance of Certificate of registered copyright, Certificate of registered
related rights under Clause 2 Article 50 of the Law on Intellectual Property
consists of:
a)
Application for registration of copyright, related rights (using specified
form) attached with signature or fingerprints of authors, copyright holders,
related right holders unless they are physically incapable of appending their
signatures and fingerprints;
b) 2
copies of the works (including electronic copies) or 2 fixed copies of
performances, audio recordings, video recordings, broadcasting programs;
c)
Power of attorney if the applicants are authorized by authors, copyright holders,
related right holders in accordance with Clause 6 Article 38 hereof;
d)
Proof of copyright ownership:
Identification
documents for individuals: 1 copy of Identity Card or Citizen ID Card or
Passport;
Legal
status documents for organizations: 1 copy of business registration certificate
or business establishment license or decision on establishment;
Documents
proving right ownership due to assignment of creative works mean documents
assigning tasks or confirmation of tasks assigned to affiliated individuals;
Documents
proving right ownership due to creative contracts mean contracts, regulations,
rules of competition;
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Documents
proving right ownership due to transfer of rights mean contracts for transfer,
gift, trading, capital contribution in writing and notarized, certified as per
the law;
If
authors are not right holders, the authors must present commitment on creative
freedom and creativity under decisions on confirmation of assignment;
contracts; competition participation, and be responsible for the commitment.
Documents
proving right ownership due to assignment of creative tasks, creative contracts
under this Clause must be the original copy or notarized, certified true
copies;
dd)
Written consent of co-authors, if there are multiple authors;
e)
Written consent of co-owners if copyright, related rights are under joint
ownership;
g) If
the works contain images of other individuals, written consent produced by
these individuals is required as per the law.
2. Competent
authorities shall reject the application for issuance of Certificate of
registered copyright, Certificate of registered related right, return the application,
and notify the applicants in writing when:
a)
Requirements under Clause 4 Article 38 hereof are not met;
b) The
works, performances, audio recordings, video recordings, broadcasting programs
are found to have format or contents that: Violate the Constitution,
regulations and law; plot against the Communist Party or the Government of the
Socialist Republic of Vietnam; contradict fine traditions, customs, morals of
the people; engage in superstition and details of other nature as per the law;
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d)
Competent authorities do not receive adequate application or adequate adjusted
application after the time limit under Point c Clause 5 Article 38 hereof.
3. In
case of adequate application, competent authorities are responsible for issuing
Certificate of registered copyright, Certificate of registered related right
within 15 working days.
Article
40. Re-issuance of Certificate of registered copyright, Certificate of
registered related rights
1. Certificate
of registered copyright, Certificate of registered related right shall be
re-issued if the previous copy is lost or damaged.
2. Application
for re-issuance of Certificate of registered copyright, Certificate of
registered related right consists of:
a)
Application for registration of copyright, related rights (using specified
form) attached with signature or fingerprints of authors, copyright holders,
related right holders unless they are physically incapable of appending their
signatures and fingerprints;
b) 2
copies of works, fixed copies of performances, audio recordings, video
recordings, broadcasting programs;
c)
Power of attorney if the applicants are authorized by authors, copyright
holders, related right holders in accordance with Clause 6 Article 38 hereof;
d)
Original copies of Certificate of registered copyright, Certificate of
registered related right that have been damaged together with copies of works,
fixed copies of performances, audio recordings, video recordings, broadcasting
programs that bear the seal and number of Certificate of registered copyright,
Certificate of registered related right.
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a)
Certificate of registered copyright, Certificate of registered related right is
not damaged enough to warrant re-issuance of the certificates;
b) The
works, performances, audio recordings, video recordings, broadcasting programs
for which Certificate of registered copyright, Certificate of registered
related right have been changed.
c)
Cases under Points b, c, and d Clause 2 Article 39 hereof occur.
4. In
case of adequate application, competent authorities are responsible for
re-issuing Certificate of registered copyright, Certificate of registered
related right within 7 working days.
Article
41. Revision of Certificate of registered copyright, Certificate of registered
related rights
1. Certificate
of registered copyright and Certificate of registered related rights shall be
revised due to changes to copyright holders, related right holders, or changes
to information on authors, copyright holders, related right holders, works,
performances, audio recordings, video recordings, or broadcasting programs.
2. Application
for revision of Certificate of registered copyright, Certificate of registered
related right consists of:
a)
Application for registration of copyright, related rights (using specified
form) attached with signature or fingerprints of authors, copyright holders,
related right holders unless they are physically incapable of appending their
signatures and fingerprints;
b) 2
copies of works, fixed copies of performances, audio recordings, video
recordings, broadcasting programs;
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d)
Original copies of Certificate of registered copyright, Certificate of
registered related right together with copies of works, fixed copies of
performances, audio recordings, video recordings, broadcasting programs that
bear the seal and number of Certificate of registered copyright, Certificate of
registered related right.
3. Competent
authorities shall reject revision request, return the application, and notify
the applicants in writing when:
a) The
works, performances, audio recordings, video recordings, broadcasting programs
for which Certificate of registered copyright, Certificate of registered
related right have been changed;
b)
Cases under Points b, c, and d Clause 2 Article 39 hereof occur.
4. In
case of adequate application, competent authorities are responsible for issuing
revised Certificate of registered copyright, Certificate of registered related
right within 12 working days.
Article
42. Annulment of Certificate of registered copyright, Certificate of registered
related rights
1. State
authorities governing copyright and related rights affiliated to the Ministry
of Culture, Sports and Tourism are allowed to annul Certificate of registered
copyright, Certificate of registered related right for cases under Clause 2 and
Clause 3 Article 55 of the Law on Intellectual Property.
2. Organizations
and individuals holding Certificate of registered copyright, Certificate of
registered related right shall apply for annulment of Certificate of registered
copyright, Certificate of registered related right as follows:
a) The
applicants shall submit application for annulment of Certificate of registered
copyright, Certificate of registered related right and pay fees as per the law;
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Form
No. 6 under Appendix III attached hereto;
Power
of attorney if the applicants are authorized by authors, copyright holders,
related right holders in accordance with Clause 6 Article 38 hereof;
Proof
(if any);
Original
copies of Certificate of registered copyright, Certificate of registered
related right together with copies of works, fixed copies of performances, audio
recordings, video recordings, broadcasting programs that bear the seal and
number of Certificate of registered copyright, Certificate of registered
related right;
c)
Competent authorities shall review, classify, and consider legitimacy of the
application within 1 month from the date on which they receive the application;
d) In
case of inadequate application, competent authorities shall request the
applicants to make adjustments to the application.
The
applicants must adjust their application within 1 month from the date on which
they receive notice requesting adjustment to their application except for force
majeure or other objective hindrance as per the law. If the applicants fail to
make adequate adjustment or any adjustment at all, competent authorities shall
return their application;
dd) In
case of adequate application, competent authorities are responsible for issuing
revised Certificate of registered copyright, Certificate of registered related
right within 15 working days.
Article
43. Requirements of works, performances, audio recordings, video recordings,
broadcasting programs in application for registration of copyright and related
rights
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2. Works,
performances, audio recordings, video recordings, and broadcasting programs
which are entirely or partially expressed in languages other than Vietnamese must
be accompanied by transcriptions in Vietnamese.
3. Works
expressed in shorthand or other similar format must be accompanied by
transcriptions in Vietnamese which are verified by competent authorities as per
the law.
4. Woks
of motion pictures must include screenplays which are written creative works of
screenwriters which depict the entire development of the plot; shooting scripts
which are written creative works of directors which depict professional
techniques and methods of shooting a motion picture based on the screenplays.
5. With
respect to works of fine arts: Copies of the works mean photos taken from any
angle that accurately depict the composition, contours, color, and shapes of
the works.
6. Works
of applied art must meet requirements below:
a)
Copies of the works must be depicted on A4 paper with accurate composition,
contours, color, and shapes;
b) If
the works contain letters or words that are not Vietnamese, these letters and
words must be accompanied by Vietnamese pronunciation and translated to
Vietnamese (if possible). If the works contain numbers other than Arabic or
Roman numbers, the numbers must be translated to Arabic numbers;
c)
Works containing information relating to medical, education, or other field
require confirmation and assessment documents issued by competent authorities.
7. Works
of architecture must include technical drawings depicting architectural
components (including floor plan, elevation from different angles, first-angle
projection) and 3D visualization. The works must be paginated in order.
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9. Computer
programs: Copies of computer programs include CDs containing the computer
programs (with a piece of paper containing the name of the computer program
stick to one side of the CD) and photocopies on A4 paper containing the entire
interface and code of the computer programs. If printed copies of code of
computer programs are at least 100 pages in length, applicants are only
required to print the first 25 pages, the middle 25 pages, and the last 25
pages.
10. Copies
of works for copyright registration are replaced by photos depicting
distinctive works such as paintings, statues, monuments, relief, murals; works
that are large in size, clunky, or unique prints in three dimensions.
Article
44. Effective period of Certificate of registered copyright, Certificate of
registered related rights
All
types of Certificate of registered copyright and Certificate of registered
related rights issued by the Copyright Protection Firm of Vietnam, the
Copyright Protection Agency of Vietnam, Literature – Art Copyright Office or
the Copyright Office of Vietnam still remain valid.
Chapter
V
ORGANIZATIONS ACTING AS COLLECTIVE REPRESENTATIVES,
AND COUNSELING ORGANIZATIONS, SERVICE PROVIDERS REGARDING COPYRIGHT, RELATED
RIGHTS
Article
45. Organizations acting as collective representatives of copyright and related
rights
Organizations
acting as collective representatives of copyright, related rights in accordance
with Clause 1 Article 56 of the Law on Intellectual Property shall adhere to
their scope of operation, functions, and authorizing contracts between
copyright holders, related right holders, and organizations acting as
collective representatives of copyright, related rights pertaining to
management of one or several specific property rights.
Article
46. Royalty rate
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Organizations
acting collective representatives of copyright and related rights shall submit
application for approval of royalty rate and payment methods to the Minister of
Culture, Sports and Tourism prior to implementation.
2. Application
for approval of royalty rate and payment methods consists of:
a) Form
No. 7 under Appendix III attached hereto;
b)
Solutions for developing royalty rate include:
Analysis
of the proposed royalties: Properties (format, type, quality, quantity,
structure, scale, use frequency, and other basis); factors constituting royalties;
local socio-economic conditions; time and location of use (accompanied by
classification and assessment); analysis of impact of royalty rate/amount on
creating, using, and benefiting from results of creative works; and fulfillment
of obligations with the state budget;
Issues
that have not been settled with users (if any);
Proposed
royalty rate and payment methods, other recommendations (if any).
3. Organizations
and individuals using works, performances, audio recordings, video recordings,
broadcasting programs, and organizations acting as collective representatives
of copyright and related rights are responsible for reaching an agreement on
royalty amount and payment methods.
4. Costs
for reviewing and approving royalty rate, payment methods shall be incurred by
the applicants as per the law.
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1. The
Minister of Culture, Sports and Tourism shall review and promulgate documents
on approval within 90 days from the date on which they receive adequate
application for approval of royalty rate and payment method sent by
organizations acting as collective representatives of copyright, related rights
in accordance with Clause 1 Article 46 hereof.
2. If
necessary, the Minister of Culture, Sports and Tourism shall establish Advisory
council for copyright and related rights to review royalty rate and payment
methods under Clause 1 of this Article and promulgate Regulations on operation
of the Advisory council for copyright and related rights.
3. Royalty
rate and payment methods upon being approved must be applied for at least 3
years.
The
Minister of Culture, Sports and Tourism shall consider revision to royalty rate
in case of changes to consumer price index and national economic growth
relevant to the basis for determining royalty rate. Organizations requesting
revision to royalty rate include: Organizations acting as collective
representatives of copyright, related rights, Vietnam Chamber of Commerce and
Industry; state authorities governing copyright, related rights affiliated to the
Ministry of Culture, Sports and Tourism.
Article
48. Collection and distribution of royalties
1. Organizations
acting as collective representatives of copyright, related rights must develop
supervising regulations to ensure that collected royalties are contained in
accounts separate from other assets, accounts, revenues, and expenditure of the
organizations, even when royalties cannot be distributed due to failure to find
or contact authorizing authors, co-authors, copyright holders, copyright
co-owners, related right holder, related right co-owners in accordance with
Clause 5 Article 56 of the Law on Intellectual Property.
2. Organizations
acting as collective representatives of copyright, related rights shall
distribute royalties in accordance with Point d and e Clause 3 Article 56 of
the Law on Intellectual Property on the basis of agreement with authorizing authors,
copyright holders, related right holders within a specific period of time but
not exceeding 6 months from the date on which they receive the royalties unless
otherwise agreed.
3. Organizations
acting as collective representatives of copyright, related rights are allowed
to retain a part of royalties collected to cover their task implementation in
accordance with Point dd Clause 3 Article 56 of the Law on Intellectual
Property.
Costs
for task implementation mean the sum of expenditure on activities conducted by
organizations acting as collective representatives of copyright, related rights
as authorized by authors, copyright holders, related right holders and other
administrative expense without exceeding reasonable costs for managing
copyright and related rights in each development phase of the organizations. Costs
must be recorded in financial statements of organizations acting as collective
representatives of copyright, related rights after receiving confirmation of
independent auditing companies.
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a) Not
exceed 40% of total royalties collected for the first 5 years following the
establishment of the organizations;
b) Not
exceed 30% of total royalties collected for the next 5 years;
c) Not
exceed 25% of total royalties collected if the organizations have been
established for at least 10 years.
5. If
organizations that collect and distribute royalties as authorized by authors,
copyright holders, related holders are not organizations acting as collective
representatives of copyright and related rights, the organizations must comply
with Point c Clause 2 Article 57 of the Law on Intellectual Property and
Article 55 hereof while fulfilling obligations of organizations acting as collective
representatives of copyright, related rights under Clause 2 of this Article,
Article 53 and Article 54 hereof.
Article
49. Failure to find or contact authorizing authors, copyright holders, related
right holders
1. If organizations
acting as collective representatives of copyright, related rights fail to find
or contact authorizing authors, co-authors, copyright holders, related right
holders, copyright co-owners, and related right co-owners in accordance with
Clause 5 Article 56 of the Law on Intellectual Property, the organizations must
publicly upload search information their websites.
After 6
months from the date of upload, the organizations acting as collective
representatives of copyright, related rights must transfer the royalties to a
general bank account for all authorizing authors, co-authors, copyright
holders, related right holders, copyright co-owners, related right co-owners
but cannot be found or contacted.
If
authorizing authors, co-authors, copyright holders, related right holders, copyright
co-owners, related right co-owners are found, organizations acting as
collective representatives of copyright and related rights shall distribute
royalties as per agreement.
2. If
authorizing authors, co-authors, copyright holders, related right holders,
copyright co-owners, related right co-owners are not found within 5 years for
the purpose of royalty distribution, the royalties, interest thereof, and
documents relating to authorization and collection of royalty shall be
transferred to competent authorities after incurring all administrative and
search expenses as per the law.
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4. If
legitimate and effective Judgments or Decisions of competent Courts are issued
determining that authors, co-authors, copyright holders, related right holders,
copyright co-owners, related right co-owners have deceased or missing (in case
of individuals) or dissolved or gone bankrupt (in case of organizations) within
the time limits under Clause 2 and Clause 3 of this Article, royalties and
interests thereof (if any) minus administrative and search expenses shall be sent
to beneficiaries as per relevant law provisions.
Article
50. Use of audio recordings, video recordings licensed by organizations acting
as collective representatives of copyright, related rights
1. If
works, audio recordings, video recordings used in accordance with Clause 1
Article 26 and Clause 1 Article 33 of the Law on Intellectual Property have
been authorized to organizations acting as collective representatives of
copyright, related rights by copyright holders, performers, and related right holders,
these organizations are allowed to negotiate, unify, and authorize negotiation,
collection of royalties as per the law. Royalty distribution percentage shall
be agreed upon by these organizations. If an agreement cannot be reached,
comply with Clause 3 Article 34 hereof.
2. Authorizing
organizations acting as collective representatives of copyright and related
rights are responsible for developing list of members, works, audio recordings,
video recordings, broadcasting programs of their members and accountable when
signing contracts authorizing organizations acting as collective representative
of copyright and related rights to negotiate and collect royalties.
3.
Organizations acting as collective representatives of copyright and related
rights are responsible for negotiating royalties in accordance with the list of
members, works, performances, audio recordings, video recordings, and
broadcasting programs under authorizing contracts.
Article
51. Composition of organizations acting as collective representatives of
copyright and related rights
1. Organizations
acting as collective representative of copyright and related rights must hold meetings
and annual conferences.
2. Meetings
shall cover:
a)
Change to name of organizations; amendments to their charters (if any);
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c)
Other information in accordance with relevant law provisions and charters of
the organizations.
3. Annual
conferences shall cover:
a)
Revision to operating regulations of the organizations if the regulations are
not revised by charters;
b)
Reports on fulfillment of obligations of members, approval of salaries and
other benefits of members holding leading, managerial, and control positions of
the organizations;
c)
Reports on operation and financial statement of the organizations;
d)
Decision on percentage of royalties retained in accordance with Clause 4
Article 48 hereof;
dd)
Approval of Regulations on royalty collection and distribution;
e)
Other information in accordance with relevant law provisions and charters of
the organizations.
4. Members
holding leading, managerial, control positions of organizations must include
authorizing members.
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1. Members
of organizations acting as collective representatives of copyright and related
rights include:
a)
Authorizing members that are organizations or individuals owning one or many
property rights mentioned under Clause 1 Article 20, Clause 3 Article 29,
Clause 1 Article 30, or Clause 1 Article 31 of the Law on Intellectual Property
that authorize organizations acting as collective representative of copyright
and related rights in writing to manage their property rights for the purpose
of conducting activities according to Clause 2 Article 56 of the Law on
Intellectual Property;
b)
Other members as per the law.
2. Authorizing
members have the right to participate and cast votes in meetings and annual
conferences, or authorize other organizations and individuals to participate
and cast votes as per the law.
3. Votes
in meetings and annual conferences of authorizing members shall be counted
depending on percentage of works, fixed performances, audio recordings, video
recordings, fixed broadcasting programs, and royalties authorized to
organizations acting as collective representatives of copyright and related
rights by the members.
Article
53. Transparency and openness in management, administration of organizations
acting as collective representatives of copyright and related rights
1. Organizations
acting as collective representatives of copyright and related rights must
disclose annual reports and audited annual financial statements, which contain
revenues generated by licensing, amounts payable, amounts paid, amounts
collected but not paid due to failure to find or contact authorizing authors,
co-authors, copyright holders, copyright co-owners, related right holders,
related right co-owners in accordance with Clause 5 Article 56 of the Law on
Intellectual Property, amounts retained, tax amounts, fees, charges, and
interests of undistributed royalties (if any) at annual conferences and on
their website.
2. Organizations
acting as collective representatives of copyright and related rights shall
disclose the following information on their websites:
a) Name
of authors, copyright holders, related right holders;
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c) Name
of works, name of subjects of related rights (performances, audio recordings,
video recordings; broadcasting programs);
d)
Contents of the works, performances, audio recordings, video recordings,
broadcasting programs;
dd)
Scope of authorization; effect of authorizing contracts;
e)
Licensing, collecting, and distributing of royalties;
g)
Operation of organizations acting as collective representative of copyright,
related rights;
h) Other
relevant information.
3. When
distributing royalties to authorizing authors, copyright holders, related right
holders in accordance with Clause 2 Article 48 hereof, organizations acting as
collective representatives of copyright and related rights must also include:
a)
Amounts payable for each work, performance, audio recording, video recording,
broadcasting program licensed for use, rights for licensing, and purpose of
use;
b)
Duration of use serving as the basis for collecting and distributing royalties.
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1. Organizations
acting as collective representatives of copyright and related rights shall
submit reports on amendments to charters, operating regulations; financial
management regulations; changes to managerial positions; participation to
international organizations; other diplomatic activities; royalty rate and
payment methods; long-term and annual plans and programs; operation situations,
signing of contracts for authorizing, licensing use right; situation of
authorizing members, quantity of works, performances, audio recordings, video
recordings, broadcasting programs to be authorized; royalties and collection,
amount collected, distribution method, distribution implementation, collection
and distribution regulations thereof; annual reports, audited annual financial
statements; other relevant activities to the Ministry of Culture, Sports and
Tourism, Ministry of Home Affairs, Ministry of Finance, and presiding
authorities.
Amendments
to the charters must be reported to competent authorities for approval prior to
implementation.
2. Organizations
acting as collective representatives of copyright, related rights shall develop
their website to connect to state authorities governing copyright and related
rights affiliated to the Ministry of Culture, Sports and Tourism and other
organizations acting as collective representatives of copyright, related
rights.
3. Organizations
acting as collective representatives of copyright, related rights must have
database on their copyright and related rights which is connected to national
database on copyright and related rights.
Article
55. Counseling organizations and service providers regarding copyright, related
rights
1. Counseling
organizations and service providers regarding copyright, related rights under
Clause 1 Article 57 of the Law on Intellectual Property include:
a)
Enterprises established and operating in accordance with enterprise laws;
b)
Cooperatives and cooperative unions established and operating in accordance
with cooperative laws;
c)
Public service providers;
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2. Counseling
organizations and service providers regarding copyright, related rights shall
be established in accordance with Clause 1 Article 57 of the Law on
Intellectual Property if heads of the organizations and persons providing
counsel, services regarding copyright and related rights:
a) are
Vietnamese nationals, have full legal capacity;
b)
reside in Vietnam;
c) have
undergraduate law degree.
3. Acknowledgement
of counseling organizations and service providers regarding copyright, related
rights:
a)
Organizations satisfying conditions under Clause 1 Article 57 of the Law on
Intellectual Property and Clause 2 of this Article acknowledged by state
authorities governing copyright and related rights affiliated to the Ministry
of Culture, Sports and Tourism as counseling organizations and service
providers regarding copyright and related rights in the National register of
copyright, related right counsel and services and publicized on websites on
copyright and related rights at request of the organizations if their
application is approved.
Branches
and other affiliated entities of organizations satisfying conditions under
Clause 1 Article 57 of the Law on Intellectual Property are only allowed to
provide counsel and services regarding copyright and related rights using name
of organizations to which they are affiliated.
b)
Application shall be submitted in person or via post services to state
authorities governing copyrights and related rights affiliated to the Ministry
of Culture, Sports and Tourism.
a)
Application for acknowledgement of counseling organizations, service providers
regarding copyright and related rights in the National register of copyright,
related right counsel and services must be filed under the name of
organizations satisfying conditions under Clause 1 Article 57 of the Law on
Intellectual Property and consist of:
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List of
affiliated individuals providing counsel and services regarding copyright,
related rights and copies of ID Cards or Citizen ID Cards;
Personal
information sheets of heads of organizations verified by regulatory authorities;
Certified
true copies of undergraduate law degrees of heads of organization and
individuals providing counsel and services regarding copyright, related rights;
Copies
of business registration certificate or certificate of operation registration
of the organizations.
d)
Within 30 days from the date on which adequate application is received, state
authorities governing copyright and related rights affiliated to the Ministry
of Culture, Sports and Tourism shall review the application and respond to the
applicants whether their application is approved or rejected.
4. Removal
of counseling organizations and service providers regarding copyright, related
rights from National register of copyright, related right counsel and services:
a) State
authorities governing copyright and related rights affiliated to the Ministry
of Culture, Sports and Tourism shall remove counseling organizations and
service providers regarding copyright, related rights from the National
register of copyright, related right counsel and services and the removal shall
be published on websites on copyright and related rights when:
Organizations
providing counsel and services regarding copyright and related rights cease to
provide counsel or services regarding copyright and related rights;
Organizations
providing counsel and services regarding copyright and related rights fail to
continue to satisfy conditions under Clause 1 Article 57 of the Law on
Intellectual Property and Clause 2 of this Article;
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c)
Counseling organizations and service providers regarding copyright and related
rights must application requesting state authorities governing copyright and
related rights affiliated to the Ministry of Culture, Sports and Tourism to
remove their name from the National register of copyright, related right
counsel and services for cases under Point a of this Clause;
d)
Application shall be submitted in person or via post services to state
authorities governing copyrights and related rights affiliated to the Ministry
of Culture, Sports and Tourism;
dd)
Application for removal of counseling organizations and service providers
regarding copyright and related rights from the National register consists of: Form
No. 8 under Appendix III attached hereto or settlement results of complaints, denunciations,
or decisions of competent authorities relating to the application for removal;
e) The
application for removal of counseling organizations and service providers
regarding copyright and related rights shall be processed by regulatory
authorities affiliated to the Ministry of Culture, Sports and Tourism within 30
days from the date on which they receive the application in the same manner as
the application for acknowledgement of counseling organizations and service
providers regarding copyright and related rights.
5. In
case of any change to information of counseling organizations and service
providers regarding copyright and related rights, these organizations must
submit written notice regarding the changes to state authorities governing
copyright and related rights affiliated to the Ministry of Culture, Sports and
Tourism.
6. State
authorities governing copyright and related rights affiliated to the Ministry
of Culture, Sports and Tourism shall produce list of counseling organizations
and service providers regarding copyright and related rights and upload this
list on their websites on copyright and related rights.
7. Counseling
organizations and service providers regarding copyright and related rights
shall report and communicate with state authorities governing copyright and
related rights affiliated to the Ministry of Culture, Sports and Tourism on an
annual or irregular basis regarding copyright, related right counseling and
services.
Chapter
VI
COPYRIGHT PROTECTION, RELATED RIGHT PROTECTION
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Article
56. General provisions regarding copyright, related right protection
1. Copyright
holders and related right holders shall exercise and protect their copyright,
related rights in person or by authorizing organizations acting as collective
representatives of copyright, related rights or other organizations and
individuals as per the law. The authorized party is responsible for disclosing
their information to enable other organizations, individuals to contact them in
order to negotiate about use.
2. Organizations
and individuals using works, performances, audio recordings, video recordings,
and broadcasting programs are responsible for contacting copyright holders,
related right holders, or the authorized party in order to negotiate about the
use of said works, performances, audio recordings, video recordings, and
broadcasting programs in accordance with copyright, related right laws.
3. Disputes
regarding copyright, related rights shall be settled in accordance with civil
proceeding or arbitration laws.
Article
57. Adoption of civil, administrative, criminal measures in protecting
copyright, related rights
Organizations
and individuals infringing copyright, related rights of other organizations and
individuals, depending on the nature and severity of the infringement, shall be
met with civil, administrative, or criminal measures specified in accordance
with Part Five (Protection of Intellectual Property) of the Law on Intellectual
Property and regulations below:
1. Civil
measures shall be taken against infringement at request of copyright holders,
related right holders or organizations, individuals suffering from damage as a
result of the infringement even when the infringement was or is being met with
administrative or criminal measures.
Procedures
for requesting adoption of civil measures, entitlement, procedures for adopting
civil measures shall comply with civil proceeding or arbitration laws.
2. Administrative
measures shall be taken against infringement that falls under any of the cases
mentioned under Article 211 of the Law on Intellectual Property at request of
copyright holders, related right holders, organizations and individuals
suffering from damage caused by the infringement, organizations and individuals
discovering the infringement, or competent authorities discovering the
infringement.
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3. Criminal
measures shall be taken against infringement if the infringement constitutes
criminal actions as per the Criminal Code.
Entitlement
and procedures for adopting criminal measures shall conform to criminal
proceeding laws.
Article
58. Exercising of the right to self-protection of copyright, related rights
1. Authors,
copyright holders, performances, related right holders, and authorized
organizations, individuals shall exercise the right to self-protection in
accordance with Article 198 of the Law on Intellectual Property and this
Article.
2. Information
on management of right management and technology solutions for right protection
under Point a Clause 1 Article 198 of the Law on Intellectual Property shall
conform to Article 60 and Article 61 hereof.
3. Written
notice requesting termination of infringement of copyright, related rights
under Point b Clause 1 Article 198 of the Law on Intellectual Property shall be
sent to organizations, individuals committing the infringement by authors,
copyright holders, performers, related right holders, or authorized
organizations, individuals.
The
written notice must include:
a) Name
of authors, copyright holders, performers, related right holders, and
authorized organizations, individuals (if any);
b) The
basis of copyright and related rights, Certificate of registered copyright,
Certificate of registered related rights (if any);
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d)
Request for immediate termination of infringement; time limit for termination
of infringement;
dd)
Request for royalty payment, damages (if any).
4. Requesting
competent authorities to take actions against infringement of copyright,
related rights specified under Point c Clause 1 Article 198 of the Law on
Intellectual Property shall conform to Articles 75 through 80 hereof.
Article
59. Assumption of copyright and related rights
1. The
first fixed copies of performances, audio recordings, video recordings,
broadcasting programs under Clause 2 Article 198a of the Law on Intellectual
Property means the tangible copies where audio, images of performances, audio
recordings, video recordings, broadcasting programs are fixed for the first
time.
2. Individuals
whose names (or pseudonyms) are listed as author on copies of published works
or on original copies of fine arts in a conventional manner are considered the
authors of said works until otherwise specified by evidence.
3. If
the authors are not named on published works in accordance with Clause 2 of
this Article, publishers that are named on copies of the works are considered
holders of rights to works.
4. Holders
of rights to works mentioned under Clause 2 and Clause 3 of this Article have
the right to make request stated under Article 198 of the Law on Intellectual
Property. This Clause does not affect existing agreements between relevant
parties.
5. If
original copies or copies of works, fixed copies of performances, audio recordings,
video recordings, broadcasting programs no longer exist, copyright holders and
related right holders under Clause 2 Article 198a of the Law on Intellectual
Property must also be credited on original copies or copies of other related works,
fixed copies of other related performances, audio recordings, video recordings,
broadcasting programs, including name of authors, performers, producers of audio
recordings, video recordings, broadcasting organizations to a certain extend to
clarify ownership.
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1. Using
right management information to prevent infringement of copyright and related
rights as stated under Point a Clause 1 Article 198 of the Law on Intellectual
Property means to include identifiers of works, performances, audio recordings,
video recordings, broadcasting programs, encrypted program-carrying satellite
signals, authors, performers, copyright holders, related right holders, use
conditions in original copies and copies of works, fixed copies of
performances, audio recordings, video recordings, broadcasting programs; code
and numbers indicating information above may or may not be protected by
technological measures. Right management information does not include
information relating to people using the copies such as name, account, address,
or other contact information.
Right
management information must be associated with copies or established simultaneously
with works, performances, audio recordings, video recordings, broadcasting
programs when the works, performances, audio recordings, video recordings, and
broadcasting programs are communicated to the public.
2. Cases
of infringement of copyright and related right relating to right management
information are specified under Article 28 and Article 35 of the Law on
Intellectual Property.
Article
61. Technological measures for right protection
1. Technological
measures for right protection mentioned under Point a Clause 1 Article 198 of
the Law on Intellectual Property mean the use of any instrument, technique,
technology, or component during regular operation in order to mark,
distinguish, recognize, and protect copyright, related rights in accordance
with Articles 19, 20, 29, 30, and 31 of the Law on Intellectual Property.
2.
Effective technological measures mean technological measures for right
protection that allow copyright holders, related right holders to control the
use of works, performances, audio recordings, video recordings, broadcasting
programs, encrypted program-carrying satellite signals via:
a)
Applications that control access: Means applications that employ techniques,
technology, equipment, or components to control access to protected copies;
b)
Protection procedures: Means solutions that employ techniques, technology,
equipment, or components to prevent or minimize any action that constitutes
infringement of copyright, related rights against protected copies;
c) Copy
control mechanism: Means solutions that employ techniques, technology,
equipment, or components to control reproduction from protected copies.
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4. Clause
3 of this Article does not apply to cases of legitimate access and use of
works, performances, audio recordings, video recordings, broadcasting programs
in accordance with Clause 3 Article 20, Clause 5 Article 29, Clause 3 Article
30, Clause 3 Article 31, Article 25, Article 25a, and Article 32 of the Law on
Intellectual Property.
Section
2. DISPUTES ABOUT COPYRIGHT, RELATED RIGHTS, AND DETERMINING OF INFRINGEMENT OF
COPYRIGHT, RELATED RIGHTS
Article
62. Disputes about copyright
1. Disputes
between individuals about copyright of works of literature, art, science,
derivative works.
2. Disputes
between co-authors about separation of joint authorship.
3. Disputes
between copyright co-owners about separation of rights of co-owners in use and
transfer of one or some or all copyright.
4. Disputes
between individuals and organizations about copyright of works.
5. Disputes
between copyright holders and authors about royalties paid to creative authors
on the basis of creative tasks or creative works.
6. Disputes
about exercising of moral rights or property rights of authors, copyright
holders, co-authors, copyright co-owners.
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8. Disputes
between individuals making financial and facility-technical investment in
production of works of motion picture, theater and individuals engaging in
creative work, individuals producing works of motion picture, theater about
copyright of works of motion picture, theater or royalties and other tangible
benefits.
9. Disputes
between copyright holders and individuals using published works that do not
require permission and royalty payment about the use conflicting with conventional
use of works and causing unreasonable damage to legitimate benefits of authors,
copyright holders.
10. Disputes
between copyright holders and individuals using published works that do not
require permission but do require royalty payment about failure to pay
royalties or the use conflicting with conventional use of works and causing unreasonable
damage to legitimate benefits of authors, copyright holders.
11. Disputes
about contracts for transfer of copyright, contracts for licensing of use right
of copyright or disputes about contracts for counsel, services regarding
copyright.
12. Disputes
that arise as a result of copyright infringement.
13. Disputes
about inheritance of property rights under Article 20 and moral rights under
Clause 3 Article 19 of the Law on Intellectual Property.
14. Other
disputes about copyright as per the law.
Article
63. Disputes about related rights
1. Disputes
about right holders of performances, audio recordings, video recordings,
broadcasting programs.
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3. Disputes
between producers of audio recordings, video recordings and individuals using
property rights of audio recordings, video recordings.
4. Disputes
between broadcasting organizations and individuals using property rights of
broadcasting programs.
5. Disputes
about the use conflicting with conventional use of performances, audio
recordings, video recordings and causing unreasonable damage to legitimate
benefits of performers, producers of audio recordings, video recordings, or
broadcasting organizations between performers, producers of audio recordings,
video recordings, broadcasting organizations and individuals using related
rights that are not required to acquire permission and pay royalties.
6. Disputes
about failure to pay royalties or the use conflicting with conventional use of
performances, audio recordings, video recordings and causing unreasonable
damage to legitimate benefits of performers, producers of audio recordings,
video recordings, or broadcasting organizations between performers, producers
of audio recordings, video recordings, broadcasting organizations and
individuals using related rights that are not required to acquire permission but
are required to pay royalties.
7. Disputes
about contracts for licensing of related rights, contracts for transfer of use
rights of related rights or disputes about contracts for counsel, services
regarding related rights.
8. Disputes
that arise as a result of related right infringement.
9. Disputes
about inheritance of related rights.
10. Other
disputes about related rights as per the law.
Article
64. Basis for determining infringement of copyright, related rights
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1. Examined
subjects fall within the scope of subjects under copyright, related right
protection: Works having copyright protected according to Article 14 of the Law
on Intellectual Property; subjects having related right protected according to
Article 17 of the Law on Intellectual Property.
2. There
are elements infringing copyright, related rights in examined subjects.
3. Persons
committing the examined act are not copyright holders or related right holders
except for cases where co-authors, copyright co-owners, related right co-owners
commit infringement against remaining co-authors, copyright co-owners, related
right co-owners and are not individuals permitted by the law or competent
authorities in accordance with Clause 3 Article 20, Clause 5 Article 29, Clause
3 Article 30, Clause 3 Article 31, Article 25, Article 25a, Article 26, Article
32, and Article 33 of the Law on Intellectual Property.
4. The
examined act occurs in Vietnam. The examined act is also considered to occur in
Vietnam if it occurs on telecommunication network or the internet whose users
are located in Vietnam.
Article
65. Basis for determining subjects under copyright, related right protection
1. Whether
a subject is under protection or not shall be determined by reviewing documents
and proof in accordance with Clause 1 and Clause 2 Article 6 of the Law on
Intellectual Property and identifying whether the subject falls under copyright
projection according to Article 15 of the Law on Intellectual Property.
2. With
respect to copyright and related rights registered to competent authorities,
subject of protection shall be determined by Certificate of registered
copyright, Certificate of registered related rights and attachments of these
certificates.
3. With
respect to copyright and related rights not registered to competent
authorities, these rights shall be determined depending on assumption of
copyright and related rights under Article 198a of the Law on Intellectual
Property and Article 59 hereof.
Article
66. Determining copyright infringing elements
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a)
Infringing the right to name works: Changing name of works without permission
of authors or co-authors, unless otherwise specified by the law;
b)
Infringing the right to be named on the works or credited: Impersonating
authors, imitating name or signatures of authors, failing to accurately specify
name of authors and origin of works during use;
c)
Infringing the right to publish works: Publishing works without permission of
copyright holders, copyright co-owners; appropriating copyright;
d)
Infringing the right to protect integrity of works thereby harming reputation or
credibility of authors: Distorting works; editing, or otherwise altering works
thereby harming reputation or credibility of authors;
dd)
Infringing the right to produce derivative works: Using existing works to
create derivative works without permission of copyright holders, copyright
co-owners as per the law.
e)
Infringing the right to deliver public performance of the works: Performing,
reading, displaying, exhibiting, screening, showing works in public places or
charging entrance fees without permission of copyright holders, copyright
co-owners as per the law, except for cases under Article 25 and Article 25a of
the Law on Intellectual Property;
g)
Infringing the right to reproduce works: Duplicating, creating copies of works
without permission of copyright holders, copyright co-owners as per the law;
reproducing a part of works, excerpting, editing without permission of
copyright holders, copyright co-owners as per the law, except for cases under
Point a Clause 3 Article 20, Article 25, and Article 25a of the Law on
Intellectual Property;
h)
Infringing the right to distribute, import for public distribution:
Distributing, importing in order to distribute tangible original copies and
tangible copies of works to the public without permission of copyright holders,
copyright co-owners as per the law, except for cases under Point b Clause 3
Article 20 and Article 25 a of the Law on Intellectual Property;
i)
Infringing the right to broadcast, communicate to the public: Broadcasting, communicating
works to the public via telecommunication network or the internet without
permission of copyright holders, copyright co-owners as per the law, except for
cases under Article 25 and Article 25a of the Law on Intellectual Property;
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l)
Failing to adequately fulfill legal liabilities specified under Article 25,
Article 25a, and Article 26 of the Law on Intellectual Property;
m)
Intentionally removing or deactivating effective technological measures
implemented by authors, copyright holders on original copies, copies of work to
protect copyright of their works as per the law, except for cases under Clause
3 Article 20, Article 25, and Article 25a of the Law on Intellectual Property;
n)
Producing, distributing, importing, offering, selling, advertising, marketing,
leasing, or storing equipment, products, or components of commercial nature,
introducing or providing services with full knowledge or grounds suggesting
that the equipment, products, components, or services are produced, used to
deactivate effective technological measures protecting copyright as per the
law;
o)
Intentionally removing, deleting, or otherwise altering right management
information without permission of authors, copyright holders with full
knowledge or grounds suggesting that such action will incite, enable,
facilitate, or conceal copyright infringement as per the law;
p)
Intentionally distributing, importing to distribute, broadcasting, communicate,
or provide copies of works to the public with full knowledge or grounds
suggesting that right management information has been removed, deleted, or
otherwise altered without permission of copyright holders; with full knowledge
or grounds suggesting that such action will incite, enable, facilitate, or
conceal copyright infringement as per the law;
q)
Failing to adequately comply with the law in order to be exempt from legal
liability regarding copyright of intermediary service providers regarding works
under Clause 3 Article 198b of the Law on Intellectual Property, Article 113,
Article 114 hereof, and other relevant law provisions.
2. The
basis for determining elements infringing copyright is the scope of copyright
protection identified by medium of original copies; characters, symbols,
characterization, symbols, facts of original works in case of derivative works.
Determining
of copyright infringing elements must take into account the originality of work
creation and expression of ideas that is not the ideas themselves.
3. In
order to determine whether a copy or a work is an infringing element or not, it
is necessary to compare the copy or the work with the original copy of the work
or the original work, originality of work creation, expression of creative
ideas in the work; date of completion of the work; access and time thereof of
the author to existing work.
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a) The
copy is a partial or total reproduction of a work of other people that is being
protected;
b) The
work (or part thereof) is a part or the entirety of a work of other people that
is being protected;
c) The
work (or part thereof) contains characters, symbols, characterization, symbols,
facts of a work of other people that is being protected.
4. Products,
goods, services created as a result of copyright infringement under Clause 1 of
this Article are considered products, goods, services that infringe copyright.
5. Products
created as a result of copyright infringement under Point g Clause 1 of this
Article are considered pirated goods in accordance with Article 213 of the Law
on Intellectual Property.
Article
67. Determining related right infringing elements
1. Infringement
of related rights of performances can be:
a)
Infringing the right to be introduced of performers: Failing to introduce or
intentionally and incorrectly introducing name of performers when delivering
performances, publishing audio recordings, video recordings, broadcasting
performances, except for cases where full name of performers cannot be
introduced due to objective reasons, nature, scale, form of performance;
b)
Infringing the right to protect imagery of the performance thereby harming
reputation and credibility of performers: Distorting performance imagery;
editing or otherwise altering performances thereby harming reputation and credibility
of performers;
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d)
Infringing the right to reproduce performances fixed on audio recordings, video
recordings: Duplicating, reproducing, excerpting, cutting a part or the
entirety of fixed copies of performances without permission of performers as
per the law, except for cases under Point a Clause 5 Article 29 and Article 32
of the Law on Intellectual Property;
dd)
Infringing the right to broadcast, communicate unfixed performances to the
public: Broadcasting, communicating unfixed performances to the public without
permission of performers as per the law, except for cases where the
performances are broadcasted and cases under Article 32 of the Law on
Intellectual Property;
e)
Infringing the right to distribute, import to distribute tangible original
copies, copies of fixed performances to the public: Distributing, importing to
distribute tangible original copies, copies of fixed performances to the public
without permission of performers as per the law, except for cases under Point b
Clause 5 Article 29 of the Law on Intellectual Property;
g)
Infringing the right to lease original copies, copies of performances fixed in audio
recordings, video recordings to the public for commercial purposes: Leasing
original copies, copies of performances fixed in audio recordings, video
recordings to the public for commercial purposes without permission of
performers as per the law;
h)
Infringing the right to broadcast, communicate fixed performances to the
public: Broadcasting, communicating fixed performances to the public without
permission of performers as per the law, except for cases under Article 32 of
the Law on Intellectual Property;
i)
Cases under Clause 4 of this Article.
2. Infringement
of related rights of audio recordings, video recordings can be:
a)
Infringing the right to reproduce audio recordings, video recordings partially
or entirely: Duplicating, reproducing, excerpting, editing a part or the
entirety of audio recordings, video recordings without permission of right
holders as per the law, except for cases under Point a Clause 3 Article 30 and
Article 32 of the Law on Intellectual Property;
b)
Infringing the right to distribute, import to distribute tangible original
copies, copies of audio recordings, video recordings to the public:
Distributing, importing to distribute tangible original copies, copies of audio
recordings, video recordings without permission of right holders for audio
recordings, video recordings as per the law, except for cases under Point b
Clause 3 Article 30 and Article 32 of the Law on Intellectual Property;
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d)
Infringing the right to broadcast, communicate audio recordings, video
recordings to the public: Broadcasting, communicating audio recordings, video
recordings to the public without permission of right holders as per the law,
except for cases under Article 32 of the Law on Intellectual Property;
dd)
Cases under Clause 4 of this Article.
3. Infringement
of related rights of broadcasting programs can be:
a)
Infringing the right to broadcast, re-broadcast broadcasting programs:
Broadcasting, re-broadcasting programs without permission of right holders for
broadcasting programs as per the law, except for cases under Article 32 of the
Law on Intellectual Property;
b)
Infringing the right to reproduce fixed broadcasting programs: Receiving,
decrypting, duplicating, reproducing, copying a part or the entirety of fixed
broadcasting programs without permission of right holders for broadcasting
programs as per the law, except for cases under Point a Clause 3 Article 31 and
Article 32 of the Law on Intellectual Property;
c) Infringing
the right to fix broadcasting programs: Fixing broadcasting programs without
permission of right holders for broadcasting programs as per the law;
d)
Infringing the right to distribute, import to distribute fixed broadcasting
programs in tangible form to the public: Distributing, importing to distribute
fixed broadcasting programs in tangible form to the public without permission
of right holders for broadcasting programs as per the law, except for cases
under Point b Clause 3 Article 31 and Article 32 of the Law on Intellectual
Property;
dd)
Cases under Clause 4 of this Article.
4. Infringement
of related rights can also be:
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b)
Intentionally eliminating or deactivating effective technological measures
implemented by related right holders for original copies, copies of fixed
performances, audio recordings, video recordings, broadcasting programs to
protect their rights as per the law, except for cases under Clause 5 Article
29, Clause 3 Article 30, Clause 3 Article 31, and Article 32 of the Law on
Intellectual Property;
c)
Producing, distributing, importing, offering, selling, advertising, marketing,
leasing, or storing equipment, products, or components of commercial nature,
introducing or providing services with full knowledge or grounds suggesting
that the equipment, products, components, or services are produced, used to
deactivate effective technological measures protecting related rights as per
the law;
d)
Intentionally removing, deleting, or otherwise altering right management
information without permission of related right holders with full knowledge or
grounds suggesting that such action will incite, enable, facilitate, or conceal
related right infringement as per the law;
dd)
Intentionally distributing, importing to distribute, broadcasting, communicating,
or otherwise providing performances, copies of fixed performances, audio
recordings, video recordings, broadcasting programs to the public with full
knowledge or grounds suggesting that right management information has been
deleted, removed, or otherwise altered without permission of related right
holders; with full knowledge or grounds suggesting that such action will
incite, enable, facilitate, or conceal related right infringement as per the
law;
e)
Producing, assembling, altering, distributing, importing, exporting, offering,
selling, or leasing equipment or system with grounds suggesting that these
equipment or system illegally decrypt or assist illegal decryption of encrypted
program-carrying satellite signals as per the law;
g)
Intentionally receiving or continuing to distribute encrypted program-carrying
satellite signals that have been decrypted without permission of legitimate
distributors as per the law;
h)
Failing to adequately implement regulations in order to be exempt from legal
liability regarding related rights of intermediary service providers of
performances, audio recordings, video recordings, broadcasting programs under
Clause 3 Article 198b of the Law on Intellectual Property, Article 113 and
Article 114 hereof and other relevant law provisions.
5. The
basis for determining related right infringing elements is the scope of related
right protection identified by medium of the first fixed copies of
performances, audio recordings, video recordings, and broadcasting programs.
6. In
order to determine whether a copy or a fixed performance, audio recording,
video recording, broadcasting program is an infringing element of related
rights, it is necessary to compare the copy or performance, audio recording,
video recording, broadcasting program with original copy of the fixed
performance, audio recording, video recording, broadcasting program; date of completion
and fixing of the performance, audio recording, video recording; access and
time thereof of author to the existing fixed performance, audio recording,
video recording, broadcasting program.
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a) The
copy duplicates a part or the entirety of the first fixed copy of performance, audio
recording, video recording, broadcasting program of other people that is under
protection;
b) The
work (or part thereof) is a part or the entirety of the first fixed copy of the
performance, audio recording, video recording, broadcasting program of other
people that are under protection.
7. Products,
goods, services created as a result of infringement of related rights under
Clauses 1 through 4 of this Article are considered to have violated related
rights.
8. Products
created as a result of infringement of related rights under Point d Clause 1,
Point a Clause 2 and Point b Clause 3 of this Article are considered pirated
goods according to Article 213 of the Law on Intellectual Property.
Article
68. The basis for determining infringement nature and severity
1. The
infringement nature mentioned under Clause 1 Article 199 of the Law on Intellectual
Property is determined on the basis of:
a)
Context, motive of infringement: Innocent infringement, deliberate
infringement, infringement due to suppression or dependency, first-time
infringement, repeated infringement;
b)
Method of infringement: Separate infringement, organized infringement,
infringement of one’s own volition, via bribery, deception, or coercion.
2. The
infringement severity mentioned under Clause 1 Article 199 of the Law on
Intellectual Property is determined on the basis of:
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b)
Effect and consequences of the infringement.
Section
3. DETERMINING DAMAGED CAUSED BY INFRINGEMENT OF COPYRIGHT, RELATED RIGHTS
Article
69. Rules for determining damage caused by infringement of copyright, related
rights
1. Damage
caused by infringement of copyright, related rights under Article 204 of the
Law on Intellectual Property means actual physical and mental damage caused by
the infringement to copyright holders, related right holders.
2. Actual
damage is deemed to exist if:
a)
Physical or mental benefits are real and belong to the infringed persons:
Physical and/or mental benefits are results (products) of copyright, related
rights which the infringed persons are entitled to gain; and
b) The
infringed persons are capable of gaining benefits under Point a of this Clause:
The infringed persons would gain (receive) the physical or mental benefits
under certain conditions if copyright, related right infringement did not
occur; and
c) The
infringed persons gain less benefits following copyright, related right
infringement or none at all compared to what they would have gained without the
infringement as a direct result of the copyright, related right infringement: Prior
to the infringement, the infringed persons have gained physical or mental
benefits, after the infringement, the infringed persons gain less benefits or
none at all compared to what they previously received prior to the infringement
and there must be a causation relationship between the infringement and the
loss, reduction of benefits gained.
3. The
level of damage shall be determined depending on the infringing elements of
copyright, related rights.
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Article
70. Mental damage
Mental
damage means damage to reputation, dignity, credibility, and other mental
damage done to authors, performers, copyright holders, related right holders as
a result of copyright, related rights being infringed which leads to damaged
reputation, dignity, reduced or lost credibility, reputation, trust due to
misunderstanding, duration of suffering, level of grief, sorrow, emotional loss
to the point where infringing organizations, individuals are required to make
public apology, remediate, and provide compensation for mental damage.
Article
71. Property damage
1. Property
damage is determined by the level of reduction or loss in monetary value of a
subject under copyright, related right protection.
2. Monetary
value of a subject of copyright, related rights under Clause 1 of this Article
shall be determined by any of the following basis:
a) Ownership
licensing costs or use right transfer costs for copyright, related rights;
b) Value
of capital contribution in form of copyright, related rights;
c) Value
of copyright, related rights within total assets of enterprises;
d)
Investment in study, creation, and development in order to create works,
subjects of copyright, related rights, including costs for investment, study,
provision of technical equipment, facilities, marketing, advertising, labor,
tax, and other costs.
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Article
72. Reduction of income, profits
1. Income,
profits under Point a Clause 1 Article 204 of the Law on Intellectual Property
include:
a)
Income, profits gained directly or indirectly by using subjects of copyright,
related rights;
b)
Income, profits gained by leasing subjects of copyright, related rights that
are original copies, copies of works of motion pictures, computer programs;
c)
Income, profits gained by transfer of use right of copyright, related rights;
d)
Income, profits gained by licensing of copyright ownership, related right
ownership.
2. Reduction
of income, profits shall be determined by any of the following basis:
a) Regular
use of works, performances, audio recordings, video recordings, broadcasting
programs is affected: Compare the quantity of actual copies sold or provided
before and after the infringement occurs; frequency of use, screening,
broadcast, transmission, access to works, performances, audio recordings, video
recordings, broadcasting programs before and after the infringement occurs;
number of users, subscribers before and after the infringement occurs;
b)
Compare sale price on the market of copies before and after the infringement
occurs;
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Article
73. Loss of business opportunity
1. Business
opportunity mentioned under Point a Clause 1 Article 204 of the Law on
Intellectual Property includes:
a)
Potential profits, increase in brand value via direct use of subjects of
copyright, related rights in business; increase in number of users;
b)
Potential profits, increase in brand value via advertisement and marketing that
involves the use of subjects of copyright, related rights;
c)
Potential profits, increase in brand value via leasing of subjects of
copyright, related rights in form of original copies or copies of works of
motion pictures, computer programs, audio recordings, video recordings;
d)
Potential profits, increase in brand value via licensing of use right of
copyright, related rights, transfer of subjects of copyright, related rights to
other people;
dd)
Other business opportunities lost as a direct result of copyright, related
right infringement.
2. Loss
of business opportunity means damage to monetary value of income that the infringed
persons would gain otherwise via actions under Clause 1 of this Article if the
infringement did not occur.
Article
74. Reasonable costs for preventing, remediating damage
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Section
4. REQUEST AND SETTLEMENT OF REQUEST FOR ACTIONS AGAINST COPYRIGHT, RELATED
RIGHT INFRINGEMENT
Article
75. Request for actions against copyright, related right infringement
1. Written
request for actions against copyright, related right infringement must contain:
a) Date
of request;
b)
Name, address of organization, individual requesting actions against the
infringement; full name of representative if the request is made via the
representative;
c) Name
of agency receiving the request;
d)
Name, address of infringing organization(s), individual(s); name, address of
suspected infringing organization(s), individual(s) when requesting suspension
of customs procedures in case of suspected infringing imports, exports;
dd)
Name, address of organization(s), individual(s) with relevant rights and
benefits (if any);
e)
Name, address of witness (if any);
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h)
Summary of the infringement: Date and location of infringement, brief
description of subject of copyright, related rights being infringed, the
infringement; web address, link if copyright, related right infringement takes
place on telecommunication network, the internet, and other information (if
any).
i)
Detailed request for actions against infringement;
k) List
of documents and proof attached to the request;
l)
Signature and seal of filing individual (if any).
2. The
request for actions against copyright, related right infringement must be
accompanied by documents and proof under Article 76 hereof.
Article
76. Documents and proof attached to written request for actions against
copyright, related right infringement
1. Individuals
requesting actions against infringement must attach documents, proof below to
their written request:
a)
Proof of copyright, related right ownership if requesting individual is the
author, performer, copyright holder, related right holder, person receiving
licensed, inheriting copyright, related rights;
b)
Proof of occurrence of copyright, related right infringement; proof suggesting
that imports, exports infringe copyright, related rights;
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2. If
the request is made via authorized representative, notarized or certified power
of attorney is required; if the request is made via legal representative,
document proving legal representative status is required.
Article
77. Proof of copyright, related right holders
1. Regarding
copyright, related rights that have been registered, the proof can be:
a)
Copies of Certificate of registered copyright, Certificate of registered
related rights either accompanied by the original copies for comparison or
certified;
b)
Excerpts of National register of copyright, related rights or proof of
copyright certification issued by competent authorities.
2. Regarding
copyright, related rights that have not been registered, the proof shall be
documents, exhibits, information on the basis of copyright, related rights in
accordance with Clause 1 and Clause 2 Article 6 of the Law on Intellectual
Property and documents below:
a)
Original copies or copies of works, fixed performances, audio recordings, video
recordings, broadcasting programs, encrypted program-carrying satellite signals
carrying name of right holders in accordance with Article 198a of the Law on
Intellectual Property and Article 59 hereof;
b)
Other documents proving the creation, publication, performance, distribution,
broadcasting, transmission of subjects mentioned above and attached documents,
proof (if any).
3. In
case requesting individual previously received or inherited the copyright,
related rights as per the law, they are also required to present original
copies or certified, notarized, consular legalized copies of contracts for
licensing, gift, trading, capital contribution, transfer of use right of copyright,
related rights, or documents verifying inheritance in addition to documents
under Clause 1 and Clause 2 of this Article.
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1. Documents,
exhibits below are considered proof of infringement:
a)
Original copies or legitimate copies of works, performances, audio recordings,
video recordings, broadcasting programs (subjects of copyright, related
rights);
b)
Related documents, exhibits, photos, audio recordings, video recordings of the
examined subjects;
c)
Written presentation, comparison between the examined subjects and subjects of
copyright, related rights;
d)
Transcriptions, testimonies, bailiff’s reports, other documents proving the
infringement.
2. Documents,
exhibits under Clause 1 of this Article must be compiled into lists which must
be signed by requesting individual.
Article
79. Responsibilities of individuals requesting actions against copyright,
related right infringement
Individuals
requesting actions against copyright, related right infringement must guarantee
and be responsible for accuracy of information, documents, proof that they
provide.
Article
80. Submission and settlement of request for actions against copyright, related
right infringement
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2. Upon
receiving the request for actions against infringement, if the request is
within the power of other authorities, the receiving authorities shall guide
the applicants to submit to competent authorities or transfer the request to
competent authorities within 10 days from the date on which they receive the
request.
3. If
the request lacks essential documents, evidence, or exhibits, sanctioning
authorities shall request the applicants to submit additional documents,
evidence, and exhibits within a reasonable time limit no more than 30 days.
4. Sanctioning
authorities shall reject the request and state reason for rejection when:
a) The
time limit under Clause 3 of this Article expires before the applicants submit
additional documents, evidence, exhibits at request of sanctioning authorities;
b) Prescriptive
period of copyright, related right infringement expires as per the law;
c)
Verification results issued by sanctioning authorities or police authorities
show no infringement as described in the request;
d)
Competent authorities issue documents on insufficient grounds for taking
actions against the infringement.
5. In
case of disputes or complaints regarding right holders, subjects under
protection, scope of protection, copyright, related right protection term,
authorities that have received the request shall guide applicants to adopt
procedures for dispute, complaint settlement at competent authorities within 10
days from the date on which disputes or complaints arise.
Section
5. ACTIONS AGAINST COPYRIGHT, RELATED RIGHT INFRINGEMENT
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1. Regarding
goods infringing copyright, related rights:
a) Infringing
goods mean components, details (hereinafter referred to as “parts”) of products
that contain infringing elements and can be sold as an independent product;
b) If
infringing elements cannot be separated into a part of product that be sold
independently in accordance with Point a of this Clause, infringing goods shall
be the entire product that contains infringing elements.
2. Value
of goods infringing copyright, related rights shall be determined by
sanctioning authorities at the time of infringement and based on grounds listed
below in order of priority:
a)
Listed price of infringing goods;
b) Sold
price of infringing goods;
c)
Final cost of infringing goods if the goods are not sold yet;
d)
Import cost of infringing goods.
3. Value
of goods infringing copyright, related rights shall be calculated depending on
infringing parts of the products according to Point a Clause 1 of this Article
or depending on value of the entire infringing products according to Point b
Clause 1 of this Article.
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The
establishment, composition, and working principles of the Evaluating council
shall conform to civil proceeding, criminal proceeding, and administrative
penalty laws.
Article
82. Handling of goods infringing copyright, related rights
1. Regarding
pirated goods and ingredients, materials, instruments primarily used for the
production thereof, sanctioning authorities shall:
a)
Distribute or introduce into use for non-commercial purposes in accordance with
Article 83 hereof; or
b)
Dispose in accordance with Article 84 hereof; or
c)
Mandate elimination of infringing elements and adopt appropriate measures under
Clause 4 of this Article on a case-by-case basis.
2. If
infringing goods are not pirated goods or ingredients, materials, instruments
primarily used for the production thereof, sanctioning authorities shall
request individuals owning, transporting, and storing these goods to eliminate
infringing elements and adopt appropriate measures under Clause 4 of this
Article.
3. Ingredients,
materials, or instruments whose only function is to create or facilitate the
use of pirated goods or infringing goods, or only practical use is to create or
facilitate the use of pirated goods or infringing goods shall be considered
ingredients, materials, and instruments primarily used for the production of
pirated goods, infringing goods.
4. Sanctioning
authorities shall adopt solutions under Point a and Point b Clause 1 of this
Article or, when requested by right holders, request organizations and
individuals that produce infringing goods to recall all infringing goods
introduced to the offenders’ distribution channels in order to adopt solutions
under Point a and Point b Clause 1 of this Article or other solutions if
necessary on a case-by-case basis. Sanctioning authorities are allow to take
request of relevant parties into account during promulgation of decisions on
actions against infringement.
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1. Mandating
distribution or introduction into use for non-commercial purposes of pirated
goods, infringing goods must meet conditions below:
a) The
goods have use value, do not harm humans, domestic animals, plants, and the
environment, and are not cultural products containing harmful contents; and
b)
Infringing elements in the goods have been eliminated; and
c) The
distribution and use are not for profit and must not unreasonably affect normal
exercising of rights of copyright holders, related right holders, prioritizing
humanitarian purpose, charity, or social interests;
d)
Individuals who receive the goods are not potential customers of copyright
holders, related right holders.
2. Clause
1 of this Article also applies to ingredients, materials, instruments primarily
used for the production or sale of pirated goods, infringing goods.
Article
84. Mandated disposal
Mandated
disposal of pirated goods, infringing goods or ingredients, materials,
instruments primarily used for the production thereof shall be applied if
conditions for mandated distribution or introduction into use for non-commercial
purposes under Article 83 hereof are not met.
Article
85. Confiscation
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Section
6. CONTROL OF IMPORTS, EXPORTS RELATING TO COPYRIGHT, RELATED RIGHTS
Article
86. The right to request control of exports, imports relating to copyright,
related rights
Copyright
holders and related right holders have the right to submit request for
inspection and supervision of exports, imports showing signs of copyright,
related right infringement or request for suspension of customs procedures of
exports, imports suspected of copyright, related right infringement.
Article
87. Competent customs authority to receive written request
Competent
customs authority that receive written request for inspection, supervision, or
suspension of customs procedures shall conform to Clause 1 Article 75 of the
Law on Customs.
Article
88. Request processing
1. Within
20 days from the date on which the request for inspection, supervision of
exports, imports and adequate documents under Clause 2 Article 74 of the Law on
Customs are received or within 2 working hours from the date on which the
request for suspension of customs procedures and adequate documents under
Clause 3 Article 74 of the Law on Customs are received, customs authority are
responsible for reviewing, issuing notice on request reception if the
applicants have fulfilled obligations under Points a, b, and c Clause 1 and
Clause 2 Article 271 of the Law on Intellectual Property. In case of rejection,
customs authority must respond to the applicants in writing and state reason.
2. On
the basis of notice issued by the General Department of Customs approving the
request for inspection, supervision of imports and exports, Customs Departments
of provinces and cities and Anti-smuggling and Investigation Department shall
look up system data in order to implement inspection and supervision within
their jurisdiction.
3. Customs
Sub-departments are responsible for conducting inspection, supervision in order
to detect goods showing signs of copyright, related right infringement or
issuing decisions on suspension of customs procedures on the basis of request
for suspension of customs procedures or suspending customs procedures in
accordance with Article 89 hereof.
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1. During
customs inspection, supervision, and control, if there are clear grounds to
suspect that imports or exports are pirated goods, Customs Sub-departments
shall suspend customs procedures of said goods.
2. Customs
Sub-departments must issue decisions on suspension of customs procedures and
notify copyright holders, related right holders if possible and importers,
exporters about the suspension.
3. Duration
of customs procedure suspension shall be 10 working days from the date on which
Customs Sub-departments issue decisions on suspension of customs procedure.
4. During
the suspension of customs procedures, Customs Sub-departments that issue
decision on suspension of customs procedures are responsible for:
a)
requesting importers or exporters or copyright holders or related right holders
(if possible) to provide documents relevant to the goods (such as catalogs,
assessment conclusions, foreign documents, similar case studies);
b) sampling
or allowing organizations, individuals to sample to conduct assessment,
additional assessment, re-assessment at professional customs organizations or
other assessment bodies as per the law (if necessary);
c)
cooperating and communicating with state authorities governing copyright,
related rights affiliated with the Ministry of Culture, Sports and Tourism
regarding right holders, protection capability, scope of protection, and
entitlement to take actions against copyright, related right infringement (if
necessary);
d)
reporting to Customs Sub-departments of provinces and cities and General
Department of Customs in order to promptly deal with complicated cases.
5. At
the end of suspension duration of customs procedures:
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b) If
applicants initiate a civil proceeding, customs authority shall comply with
remarks of the court;
c) If
copyright, related right infringement contains signs of criminal intentions
according to the Criminal Code, customs authority shall transfer the cases to
competent authorities for investigation and prosecution as per the law;
d) If
customs authority deem suspended goods to be not pirated goods, customs
authority shall proceed with customs procedures of the shipment and notify
relevant parties.
6. If
customs authority incorrectly suspends customs procedures thereby causing
damage to goods owners, Customs Sub-departments must pay damages and other
costs to the goods owners as per the law.
Article
90. Handling of goods showing signs if copyright, related right infringement
1. Customs
authority shall issue decisions on suspension of customs procedures, notify
copyright holders, related right holders and goods owners about suspension of
customs procedures in case of goods showing sign of infringement or at request
of copyright holders, related right holders or for the purpose of imposing
administrative penalties. The notice must include name, address, fax, phone
number of the parties, reason and duration of suspension.
2. Customs
authority shall proceed with customs procedures of shipments that were
previously suspended in accordance with Clause 3 Article 218 of the Law on
Intellectual Property and cases below:
a) The Decision
on suspension of customs procedures is suspended or revoked in accordance with
decisions on resolution of complaints, accusations;
b)
Individuals requesting suspension of customs procedures withdraw their request.
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Procedures
for control of imports, exports relating to copyright, related rights shall
conform to this Decree and other relevant customs laws.
Section
7. ASSESSMENT REGARDING COPYRIGHT, RELATED RIGHTS
Article
92. Assessment regarding copyright and related rights
1. Assessment
regarding copyright and related rights means when competent organizations and
individuals utilize their knowledge and professional operations in order to
assess and conclude issues relating to copyright, related rights at request of
requesting organizations, individuals.
2. Assessment
regarding copyright and related rights includes:
a)
Determining of grounds for copyright, related rights in accordance with Article
65 hereof;
b)
Determining of whether examined subjects qualify as infringing elements of
copyright, related rights in accordance with Clause 2 Article 64, Article 66,
and Article 67 hereof;
c)
Determining of whether overlap, similarity, equivalence, confusion, difficulty
in distinguishing, or reproduction occurs between examined subjects and
subjects under copyright, related right protection;
d)
Determining of value of copyright, related rights, damages in accordance with
price laws.
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Article
93. Copyright, related right assessor
1. Copyright,
related right assessors are individuals who have sufficient knowledge and
professional skills in assessing, concluding issues relating to assessment
contents, satisfy conditions under Clause 3 Article 201 of the Law on
Intellectual Property, and are acknowledged by competent authorities and issued
with copyright, related right assessor's card (hereinafter referred to as
“assessor’s card”).
2. Copyright,
related right assessors have the right to:
a) Refuse
to conduct assessment in case of insufficient relevant documents or
insufficient value;
b)
Refuse to receive assessment samples due to potential health harm or clunkiness
of the samples and/or insufficient storage infrastructures;
c) Use
appraisal results or professional conclusion, expertise remarks to serve the
assessment;
d)
request organizations and individuals to provide information, documents
relating to subject of assessment in order to conduct assessment in case of
independent copyright, related right assessors unless otherwise regulated by
the laws;
dd)
exercise other rights as per the law.
3. Copyright,
related right assessors have the obligation to:
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b)
produce assessment dossiers; provide explanation for assessment conclusion when
requested;
c)
preserve and store documents, samples relevant to the case as per the law;
d) independently
produce assessment results and be responsible for their assessment results;
compensate for damage done to relevant individuals, organizations as a result
of incorrect assessment results produced by the assessors;
dd)
refuse to conduct assessment if the assessors have rights and benefits relevant
to subjects of assessment, assessment cases or other reasons affect fairness of
assessment results or other regulations require the assessors to reject;
e)
maintain confidentiality of information and documents at request of applicants
and compensate for damage done to relevant individuals, organizations as a
result of disclosing information;
g)
assume legal responsibilities for taking advantage of assessment expertise and
assessment operation for personal gain or intentionally producing incorrect
assessment results;
h)
comply with regulations on assessment procedures;
i)
communicate and submit reports on 6-monthly and yearly assessment operation to state
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism;
k)
perform other obligations as per the law.
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1. Copyright,
related right assessors operate within copyright, related right assessing
bodies in the name of the assessing bodies or as independent assessors.
2. Methods
of operation of assessors are recorded under Decisions on issuance, re-issuance
of assessor’s card and the list of copyright, related right assessors under
Clause 6 Article 98 hereof.
3. If
assessors operate under the name of copyright, related right assessing bodies,
information on assessors must be recorded under Decision on issuance,
re-issuance of Certificate of copyright, related right assessing bodies and the
list of assessors affiliated with assessing bodies under Clause 6 Article 99
hereof.
Article
95. Copyright, related right assessing bodies
1. Copyright,
related right assessing bodies are organizations fulfilling regulations under
Clause 2 and Clause 2a Article 201 of the Law on Intellectual Property,
relevant law provisions and being issued with the Certificate of copyright,
related right assessing bodies (hereinafter referred to as “Certificate of
assessing bodies”).
2. Copyright,
related right assessing bodies have the right to:
a) hire
copyright, related right assessors to conduct ad hoc assessment;
b)
request organizations and individuals to provide information and documents
relating to assessment subject for the purpose of the assessment, unless
otherwise prescribed by law;
c)
exercise other rights as per the law.
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a)
operate within the field of assessment specified under Certificate of business
registration or Certificate of operation registration and Certificate of assessing
bodies;
b)
conduct assessment following rules under Clause 4 Article 201 of the Law on
Intellectual Property;
c)
preserve and store documents relating to the case;
d)
maintain confidentiality of information and documents at request of applicants
and compensate for damage done to relevant individuals, organizations as a
result of disclosing information;
dd)
refuse to receive the case and conduct assessment if other regulations and law
require the assessing bodies to refuse to conduct assessment;
e)
communicate and submit reports on 6-monthly and yearly assessment operation to state
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism;
g)
perform other obligations as per the law.
Article
96. Entitlement to issue, re-issue, and revoke assessor’s card, certificate of
assessing bodies
State
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism are entitled to issue, re-issue, and revoke assessor’s
card, certificate of assessing bodies.
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1. Individuals
who apply for assessor’s card without written qualification of assessment
examination under Article 98 hereof shall submit application for assessment
examination to state authorities governing copyright and related rights
affiliated with the Ministry of Culture, Sports and Tourism in person or via
post service. Application for assessment examination consists of:
a) Form
No. 9 under Appendix III attached hereto;
b)
Certified true copies or copies extracted from master registers of
undergraduate or graduate degrees;
c)
Written confirmation issued by employers regarding a minimum period of
professional operation relating to the field of assessment of 5 consecutive
years or 15 consecutive years of individuals applying for exemption from
assessment examination under Clause 5 of this Article;
d) 2
colored head shots in 3 x 4 cm format;
dd)
Written request for exemption from assessment examination for individuals
exempt from attending assessment examination under Clause 5 of this Article.
2. Within
20 days from the date on which adequate application is received, state
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism are responsible for notifying receipt of
application and establishing assessment examination council. In case of
rejection, the regulatory authorities must respond in writing and state
reasons.
3. Assessment
examination council
a) The
Minister of Culture, Sports and Tourism shall issue decision on establishment
of assessment examination councils (hereinafter referred to as “examination
councils”) at request of state authorities governing copyright and related rights
affiliated with the Ministry of Culture, Sports and Tourism.
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4. Contents
of assessment examination
Contents
of assessment examination include knowledge of the law and knowledge of fields
in copyright, related right assessment.
5. Eligibility
for exemption from assessment examination
Individuals
who compile and provide guidance on implementation of legislative documents on
copyright, related rights; conduct inspection, settle disputes, complaints
regarding copyright, related rights at state authorities governing copyright
and related rights affiliated with the Ministry of Culture, Sports and Tourism
for at least 15 consecutive years shall be exempt from assessment examination.
6. Notifying
of assessment examination results
Assessment
examination results shall be notified on website of state authorities governing
copyright and related rights affiliated with the Ministry of Culture, Sports
and Tourism. Within 30 days from the date on which assessment examination is
conducted, state authorities governing copyright and related rights affiliated
with the Ministry of Culture, Sports and Tourism shall issue written
confirmation of examination results to individuals passing the examination.
Article
98. Procedures for issuance, re-issuance, and revocation of copyright, related
right assessor’s card
1. Individuals
satisfying conditions under Clause 3 Article 201 of the Law on Intellectual
Property and applying for copyright, related right assessor's card shall submit
application for issuance of assessor's card in person or via post service to
state authorities governing copyright and related rights affiliated with the
Ministry of Culture, Sports and Tourism. The application consists of:
a) Form
No. 10 under Appendix III attached hereto;
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c) 2
colored head shots in 3 x 4 cm format.
2. Within
20 days from the date on which adequate application is received, state
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism shall issue decision on issuance of assessor’s
card. In case of rejection, the regulatory authorities must respond in writing
and state reasons. Samples of copyright, related right asset assessor’s card
are under Form No. 11 of Appendix III attached hereto.
3. Effect
of assessor’s card starts from the date of issue.
4. Re-issuance
of assessor’s card:
a)
Assessor’s card shall only be re-issued when previous assessor’s card is lost
or damaged or in case of changes to information on assessor’s card;
b)
Assessors who wish to apply for re-issuance of assessor’s card shall submit
Form No. 10 under Appendix III attached hereto and documents under Point a and
Point c Clause 1 of this Article to state authorities governing copyright and
related rights affiliated with the Ministry of Culture, Sports and Tourism in
person or via post service. If old assessor’s card is damaged, the damaged card
is also required;
c)
Within 20 days from the date on which application for re-issuance of assessor’s
card is received, assessor's card shall be re-issued.
5. Assessor’s
card shall be revoked when:
a)
Individuals who were previously issued with assessor's card no longer satisfy
conditions under Article 93 hereof;
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c)
There are grounds confirming that assessor’s card has been issued in an
illegitimate manner.
6. State
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism shall produce list of assessors according to the
Decision on issuance, re-issuance, revocation of assessor’s card and publish on
their websites.
Article
99. Procedures for issuance, re-issuance, revocation of certificate of
copyright, related right assessing bodies
1. Organizations
satisfying conditions under Clause 2 and Clause 2a Article 201 of the Law on
Intellectual Property, relevant law provisions shall submit application for
issuance of certificate of assessing bodies to state authorities governing
copyright and related rights affiliated with the Ministry of Culture, Sports
and Tourism in person or via post service. The application consists of:
a) Form
No. 12 under Appendix III attached hereto;
b)
Certified true copies or copies extracted from master registers of certificate
of operation registration or decision on establishment issued by competent
authorities;
c)
Certified true copies or copies extracted from master registers of decision on
recruitment or employment contracts or working contracts between the applicants
and affiliated assessors.
2. Within
20 days from the date on which adequate application is received, state
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism shall issue decision on issuance of certificate
of assessing bodies. In case of rejection, state authorities shall respond in
writing and state reasons. Samples of certificate of copyright, related right
assessing bodies are specified under Form No. 13 of Appendix III attached
hereto.
3. Effect
of certificate of assessing bodies starts from the date of issue.
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a)
Certificate of assessing bodies shall only be re-issued if the previous
certificate is lost or damaged or in case of changes to information on the
previous certificate;
b) Assessing
bodies shall submit application for re-issuance of certificate of assessing
bodies to state authorities governing copyright and related rights affiliated
with the Ministry of Culture, Sports and Tourism in person or via post service.
The application consists of:
Form
No. 12 under Appendix III attached hereto;
Certified
true copies or copies extracted from master registers of decision on
recruitment or employment contracts or working contracts between the applicants
and affiliated assessors (in case of changes to information on certificate of
assessing bodies).
In case
of damaged certificate of assessing bodies, the applicants must submit the
damaged certificate. In case of changes to information, legitimate documents
proving the changes and previous certificate must be submitted together with
the application;
c)
Within 20 days from the date on which adequate application is received,
certificate of assessing bodies shall be reissued.
5. Certificate
of assessing bodies shall be revoked when:
a) Assessing
bodies no longer satisfy conditions under Article 95 hereof;
b)
Assessing bodies violate the law on assessment operation at which point
competent authorities request revocation of certificate of assessing bodies as
per the law;
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d)
Assessing bodies cease to conduct assessment operation.
6. State
authorities governing copyright and related rights affiliated with the Ministry
of Culture, Sports and Tourism shall produce and update list of assessing
bodies according to decisions on issuance, re-issuance, revocation of
certificate of assessing bodies and publish on their websites.
Article
100. Request for copyright, related right assessment
1. Organizations
and individuals that have the right to request copyright, related right
assessment include:
a)
Copyright, related right holders;
b)
Organizations, individuals requested to be met with actions for infringement of
copyright, related rights or complaints, denunciations regarding copyright,
related rights;
c)
Other organizations, individuals related to the disputes, infringement,
complaints, denunciations regarding copyright, related rights.
2. Organizations
and individuals having the right to request assessment under Clause 1 of this
Article have the right to request copyright, related right assessing bodies or
assessors to conduct assessment by themselves or by authorizing other
organizations, individuals to do so.
3. Organizations
and individuals requesting for copyright, related right assessment have the
right to:
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b)
request assessing bodies, assessors to provide explanation for conclusion
results;
c)
request additional assessment or re-assessment in accordance with Article 106
hereof;
d)
negotiate about costs for requesting assessment.
4. Organizations
and individuals requesting for copyright, related right assessment have the
obligation to:
a)
adequately and truthfully provide documents, evidence, information relating to
assessment subjects at request of assessing bodies, assessors;
b)
clearly and specifically present issues that need to be assessed;
c)
incur assessment costs as per agreement; incur advance assessment costs at
request of assessing bodies, assessors;
d)
receive assessment subjects at request of assessing bodies, assessors.
Article
101. Receipt of request for copyright, related right assessment
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a)
Written request for assessment which contains basic information below:
Name
and address of individuals, organizations requesting assessment;
Number
of ID Card or Citizen ID Card or decision on establishment or certificate of
operation registration, date of issue, place of issue of individuals or
organizations applying for assessment;
Phone
number, email address of individuals or organizations applying for assessment;
Position
of applicants (authors; copyright holders; related right holders; individuals
having related rights and benefits; others);
Grounds
for requesting assessment;
Subjects
and contents requested for assessment;
Other
relevant details.
b)
Attachments:
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Documents
proving authorship, copyright ownership, related right ownership, works,
subjects of related rights;
Other
relevant documents.
2. Independent
assessors or assessing bodies shall receive application for assessment,
estimate assessment costs, negotiate and sign assessment agreements with the
applicants, except for cases where the application is rejected in accordance
with Clause 3 of this Article.
3. Independent
assessors or assessing bodies shall reject the application when:
a) The
assessment details are not specified under Clause 2 Article 92 hereof;
b)
Cases under Point a Clause 2 and Point dd Clause 3 Article 93 hereof.
Article
102. Copyright, related right assessment service agreement
1. Application
for assessment must be compiled into assessment service agreements between the
applicants and assessing bodies or assessors.
2. Assessment
agreement consists of:
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b)
Subjects and contents requested for assessment;
c)
Location and time of assessment;
d)
Assessment costs and payment methods thereof;
dd)
Rights and obligations of the parties;
e)
Contract take-over and finalization;
g)
Responsibilities for incurring damages; solutions for settling disputes;
h)
Other conditions as per agreement (if any).
Article
103. Handover, receipt, and return of subjects of copyright, related right
assessment
If
application for assessment includes subjects of assessment, the handover,
receipt, and return of subjects of assessment must be logged in form of written
records which contain basic information below:
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2. Name
and address of parties handing over and receiving subjects of assessment or
representatives.
3. Name
of subjects of assessment; relevant documents or items.
4. Conditions
and methods of preservation of assessment subjects upon handover, receipt,
return.
5. Signatures
of parties handing over and receiving subjects of assessment.
Article
104. Sampling for copyright, related right assessment
1. Assessing
bodies and assessors shall collect assessment samples by themselves (specific
exhibits that are infringing elements and subjects of copyright, related right
protection) or by requesting applicants to provide samples. Sampling process
must be logged in form of written records which must be witnessed and
countersigned by relevant parties.
2. The handover,
receipt, and return of assessment samples shall conform to Article 103 hereof.
Article
105. Conducting copyright, related right assessment
1. Copyright,
related right assessment shall be conducted by one or multiple copyright,
related right assessors. Individual assessment means assessment conducted by
one assessor. Group assessment means assessment conducted by at least two
assessors.
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Article
106. Additional assessment and re-assessment
1. Additional
assessment shall be conducted when assessment conclusion is inadequate or
unclear regarding issues to be assessed or more details need to be clarified. Application
for additional assessment and conducting of additional assessment shall conform
to regulations applicable to first-time assessment.
2. Re-assessment
shall conducted when applicants disagree with assessment results or assessment conclusions
conflict with one another regarding the same issues. Re-assessment can be
conducted by assessing bodies, assessors that conducted the previous assessment
or other assessing bodies, assessors ate request of the applicants.
3. In
case of difference between assessment conclusions or between assessment conclusions
and remarks of state authorities governing copyrights and related rights of
Ministry of Culture, Sports and Tourism regarding the same issues, the
applicants have the right to request other assessing bodies, assessors to
conduct re-assessment.
Article
107. Advisory council for copyright, related right assessment
1. During
assessment of copyright and related rights, independent assessors and assessing
bodies are allowed to establish advisory council for copyright, related right
assessment.
2. Independent
assessors and assessing bodies shall select members of the advisory council
depending on the assessment specialty and issue decisions on establishment of
advisory council for copyright, related right assessment.
Advisory
council for copyright, related right assessment consists of chairpersons and
members. There must be an odd number of advisory council members with a minimum
of 3 members.
3. Advisory
council for copyright, related right assessment shall operate in a manner that
respects democracy and open ballot system for field-specific matters. Members
of advisory council for copyright, related right assessment shall hold
collective discussion regarding field-specific matters and have their remarks
recorded in meeting minutes of advisory council for copyright, related right
assessment.
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Article
108. Conclusion of copyright, related right assessment
1. Assessment
conclusion under Clause 5 Article 201 of the Law on Intellectual Property must
be presented in written form.
2. Written
assessment conclusion must contain:
a) Name
and address of assessing bodies, assessors;
b) Name
and address of applicants;
c)
Subjects, details, and scope of assessment;
d)
Assessment methods;
dd)
Assessment conclusion;
e) Time
and location of assessment.
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4. If
more time for assessment is required, independent assessors and assessing
bodies shall inform applicants in writing.
Article
109. Costs for copyright, related right assessment
1. Costs
for assessing copyright, related rights depends on service requirements agreed
upon by the parties and include costs below in part or in whole:
a)
Experiment costs;
b)
Machinery and equipment costs;
c)
Document study costs;
d)
Discussion, commentary, evaluation costs;
dd)
Management costs and other necessary costs.
2. Collection,
management, and use of assessment costs shall conform to regulations and law.
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Article
110. Intermediary service providers
1. Intermediary
service providers under Article 198b of the Law on Intellectual Property mean
domestic and foreign enterprises that provide any of the services below:
a)
“Mere conduit” service means a service that transmits digital information
provided by service users via telecommunication network and the internet or a
service providing access to telecommunication network and the internet;
b)
“Caching” service means a service that transmits digital information provided
by service users via telecommunication network and the internet that involves
automatic, intermediate, and temporary storage of the digital information. The
automatic, intermediate, and temporary storage is implemented for the sole
purpose of allowing allocation of the digital information to other users at
their request to be more effective;
c) “Hosting”
service means a service that allows users to store digital information provided
by users at their request.
2. Intermediary
service providers include:
a)
Telecommunication enterprises providing internet access service, internet
connection service;
b)
Telecommunication enterprises providing line leasing service in case leased
lines are not used to provide services in accordance with Point c and Point d
of this Clause;
c)
Enterprises leasing server collocation, leasing dedicated server in case servers
are not used to provide services in accordance with Point d of this Clause;
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dd)
Enterprises providing online social network services;
e)
Enterprises providing digital information search services;
g) Other
enterprises providing one, several, or all services similar to those under
Clause 1 Article 198b of the Law on Intellectual Property and Clause 1 of this
Article.
Article
111. Responsibilities of intermediary service providers in protecting
copyright, related rights on telecommunication network and the internet
1. Intermediary
service providers under Point c Clause 1 Article 110 hereof must develop tools
to receive request for removal or disabling of access to digital information
infringing copyright, related rights. Tools that receive request can be:
a)
Computer programs that receive request;
b)
Website that receive request;
c)
Email addresses that receive request;
d) Web
portals that receive request;
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Confirmation
of successful request submission via receiving tools means that intermediary
service providers have received the request.
2. Intermediary
service providers shall notify state authorities governing copyrights and
related rights of Ministry of Culture, Sports and Tourism about their contact
points for matters regarding copyright and related rights and publish on their
websites. Contact points must include: email address, phone number.
3. Intermediary
service providers must warn service users about their legal liabilities if they
infringe copyright, related rights, authenticate information when users
register digital accounts; maintain security of information, accounts of users;
provide user information at written request of competent authorities for the
purpose of verifying, taking actions against violations of copyright, related
right laws.
4. Intermediary
service providers under Point c Clause 1 Article 110 hereof shall remove or
disable access to digital information when they know that the digital
information infringes copyright, related rights in accordance with Article 113
and Article 114 hereof.
Intermediary
service providers that implement Point a and Point b Clause 1 Article 114
hereof are responsible for publishing internal procedures for processing
request for removal or disabling of access to digital information infringing
copyright, related rights or request for rejection of request for temporary
removal or disabling of access to digital information on their service.
5. Intermediary
service providers must comply with inspection and investigation of competent
authorities in accordance with copyright, related right laws.
6. If
intermediary service providers use information under copyright, related right
protection uploaded by their users onto telecommunication network and the
internet for commercial purposes, the intermediary service providers must apply
for permission and pay royalties in accordance with Clause 2 Article 20, Clause
4 Article 29, Clause 2 Article 30, or Clause 2 Article 31 of the Law on
Intellectual Property.
Article
112. Legal liabilities of intermediary service providers regarding copyright,
related right infringement
1. Intermediary
service providers which do not adequately adopt regulations in order to be
exempt from legal liabilities in accordance with Clause 3 Article 198b of the
Law on Intellectual Property and Article 113, Article 114 hereof must be
jointly responsible for incurring damages caused by copyright, related right
infringement caused by people using their services.
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Article
113. Procedures for removing or disabling access to digital information of
intermediary service providers at request of competent authorities
1. In
order to be exempt from legal liabilities in accordance with Point c Clause 3
Article 198b of the Law on Intellectual Property, intermediary service
providers under Point c Clause 1 Article 110 hereof must remove or disable
access to digital information infringing copyright, related rights within 24
hours from the moment in which they receive written request of competent
authorities entitled to sanction copyright, related right infringement in
accordance with Article 200 of the Law on Intellectual Property or state
authorities governing copyrights and related rights of Ministry of Culture,
Sports and Tourism, notify parties owning digital information that is removed
or disabled from being accessed, and submit reports on implementation results
to requesting authorities and state authorities governing copyrights and
related rights of Ministry of Culture, Sports and Tourism within 24 hours after
processing the request.
Notice
and reports under this Clause shall be implemented in written form or email or
similar forms.
2. If
parties owning digital information that is removed or disabled from being
accessed or intermediary service providers reject request for removal or
disabling of access, they shall adopt procedures for filing complaints,
denouncing, filing lawsuits as per the law regarding decisions of competent
authorities.
3. Request
for removal or disabling of access to digital information infringing copyright,
related rights under Clause 1 of this Article serves as proof of intermediary
service providers’ knowledge regarding copyright, related right infringement of
the digital information.
Article
114. Procedures for removal or disabling of access to digital information of
intermediary service providers at request of copyright holders, related right
holders
In
order to be exempt from legal liabilities in accordance with Point c Clause 3
Article 198b of the Law on Intellectual Property, intermediary service
providers under Point c Clause 1 Article 110 hereof must comply with
regulations below:
1. Upon
receiving request from copyright holders, related right holders (hereinafter
referred to as “requesting party”) together with documents and proof in
accordance with Clause 4 of this Article via receiving tools under Clause 1
Article 111 hereof:
a)
Within 72 hours from the moment in which the request is received, intermediary
service providers shall remove or disable access to digital information
requested to be removed or disabled from being accessed and notify requesting
parties and the parties owning the digital information in question (hereinafter
referred to as “requested parties”) regarding temporary removal or disabling of
access to the digital information together with documents and proof requested
by the requesting parties under Points a, b, c, d, dd, and e Clause 4 of this
Article;
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c) If
the requesting party and/or the requested party does not file civil lawsuit or
request competent authority to take actions against infringement or if the
court or competent authority does not accept the lawsuit as per the law after
documents and request are forwarded to the requesting party in accordance with
Point b of this Clause, intermediary service providers shall restore the
digital information which has been removed or disabled.
If the
court or competent authority accepts lawsuit of the requesting party or the
requested party, intermediary service providers shall conform to decisions of
the court or competent authority as per the law.
2. In
case of digital information that is broadcasted live in real time, if copyright
holders, related right holders pro-actively provide documents and proof
according to Points a, b, c, and e Clause 4 of this Article for intermediary
service providers at least 24 hours prior to broadcasting live in order to
prevent copyright, related right infringement on telecommunication network and
the internet, the intermediary service providers shall:
a)
temporarily remove or disable access to the digital information upon receiving
request for removal or disabling of access to digital information, inform the
requesting party, requested party about the temporary removal or disabling of
digital information and attach documents, proof provided by the requesting
party;
b)
comply with Points b and c under Clause 1 of this Article.
3. The
notifying, sending, forwarding of documents and proof by intermediary service
providers, the requesting party, and the requested party under Clause 1 of this
Article shall be implemented via email or other similar means.
4. Documents
and proof under Clause 1 of this Article consist of:
a)
Information of the requesting party or the requested party: Name; current address;
email address; phone number; ID Card, Citizen ID Card, or passport number in
case of individuals; enterprise registration, establishment decision, or
establishment license number in case of organizations;
b)
Proof of right ownership in accordance with Article 77 hereof and commitment to
legitimacy of the documents;
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d)
Proof of copyright, related right infringement in accordance with Article 78
hereof and damage done;
dd) For
the requesting party, information on location and link to the digital
information that infringes copyright, related rights, and description of
infringement. For the requested party, information on location and link to the
digital information that is being removed or disabled;
e)
Power of attorney as per the law if the requesting party or the requested party
is the authorized party.
5. Request
for removal or disabling of access to digital information that infringes
copyright, related rights under Clauses 1, 2, and 4 of this Article serves as
proof of intermediary service providers’ knowledge regarding copyright, related
right infringement of the digital information.
6. Any
party that provide incorrect documents, proof thereby infringing legitimate
rights and benefits of other relevant parties shall be met with corresponding
legal liabilities as per the law.
Chapter
VII
IMPLEMENTATION
Article
115. Entry into force
1. This
Decree comes into force from April 26, 2023.
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Article
116. Responsibilities for implementation
Ministers,
heads of ministerial agencies, heads of Governmental agencies, Chairpersons of
provincial People’s Committees, agencies, organizations, and individuals with
relevant rights and obligations are responsible for the implementation of this
Decree.
ON BEHALF OF. THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha
APPENDIX I
ROYALTY RATES FOR BROADCASTING
WORKS, AUDIO RECORDINGS, VIDEO RECORDINGS UNDER LIMITED COPYRIGHT AND RELATED
RIGHTS
(Attached to Decree No. 17/2023/ND-CP dated April 26, 2023 of the
Government)
I. If broadcasting organizations and copyright holders, performers, related
right holders in regard to audio recordings, video recordings fail to reach an
agreement on royalty payment in accordance with Article 36 hereof:
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Broadcasting channel
Percentage (for copyright holder)
Percentage (for related right
holders)
VOV
0,1
0,1
In special urban areas
0,09
0,09
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0,08
0,08
In class II urban areas
0,07
0,07
In class III urban areas
0,05
0,05
In class IV urban areas
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0,03
In class V urban areas
0,01
0,01
Local channels of Voice of Vietnam shall apply percentage
corresponding to urban area classification.
Royalties of re-broadcasted programs shall equal 15% of
royalties of the first broadcast.
2.
In the field of television broadcasting: Royalties to be paid annually to
copyright holders and related right holders shall be calculated by multiplying
total duration (in minutes) in which the works, audio recordings, video
recordings are broadcasted by broadcasting organizations in the current year by
a percentage of statutory pay rate as follows:
Television channel
Percentage (for copyright holder)
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Central
Essential
VTV1, VTC1
1,2
1,2
Other essential national channels
0,6
0,6
Non-essential
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1,56
1,56
Local
Essential
Essential channels in special
urban areas
1
1
Essential channels in class I
urban areas
0,8
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Essential channels in class II
urban areas
0,7
0,7
Essential channels in class III
urban areas
0,5
0,5
Essential channels in class IV
urban areas
0,3
0,3
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Non-essential channels in special
urban areas
1,3
1,3
Non-essential channels in class I
urban areas
1,04
1,04
Non-essential channels in class II
urban areas
0,91
0,91
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0,65
0,65
Non-essential channels in class IV
urban areas
0,39
0,39
Local channels of Voice of Vietnam shall apply percentage
corresponding to urban area classification.
Royalties of re-broadcasted programs shall equal 20% of
royalties of the first broadcast
Royalties of broadcasting programs that are transmitted
simultaneously, rebroadcasted, or repeated through all other similar channels
and broadcasting medium, including cables, information network,
telecommunication network, the internet shall equal 15% of royalties of the
first broadcast.
If new program channels are transmitted, broadcasted via
cables, information network, telecommunication network, the internet, or any
other similar technical means, their royalties shall be calculated in the same
manner as non-essential channels under the schedule above; if the programs are
rebroadcasted or repeated, their royalties shall equal 15% of royalties of the
first broadcast.
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III. Royalties of special programs dedicated to children or ethnic minorities
or broadcasted to remote areas, rural areas, severely disadvantaged areas, or
special programs serving major national holidays of Vietnam shall equal 30% of
royalties calculated in accordance with Section I of this Appendix.
APPENDIX II
ROYALTY RATES FOR WORKS, AUDIO
RECORDINGS, VIDEO RECORDINGS IN BUSINESS, COMMERCIAL OPERATIONS UNDER LIMITED
COPYRIGHT, RELATED RIGHTS
(Attached to Decree No. 17/2023/ND-CP dated April 26, 2023 of the
Government)
Royalty rates (in year) = Statutory
pay rate x Adjustment coefficient
Unit: Statutory pay rate/month
No.
Business, commercial operations
Adjustment coefficient by
occupancy or area/location and year of use
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Café - drinking establishment (total area/year)
Up to 15 m2
From exceeding 15 m2 to
50 m2
Exceeding 50 m2
Adjustment coefficient of 0,35/15
m2/year
Adjustment coefficient of 0,04/m2/year
for every additional m2
Adjustment coefficient of 0,02/m2/year
for every additional m2 (Maximum royalties per year: 8 x
Statutory pay rate)
2
Restaurant, seminar room,
conference room (total
area/year)
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From exceeding 50 m2 to
100 m2
Exceeding 100 m2
Adjustment coefficient of 2,0/50 m2/year
Adjustment coefficient of 0,05/m2/year
for every additional m2
Adjustment coefficient of 0,03/m2/year
for every additional m2 (Maximum royalties per year: 8 x
Statutory pay rate)
3
Store, showroom (total area/year)
Up to 50 m2
From exceeding 50 m2 to
100 m2
...
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Adjustment coefficient of 0,35/50
m2/year
Adjustment coefficient of 0,008/m2/year
for every additional m2
Adjustment coefficient of 0,006/m2/year
for every additional m2 (Maximum royalties per year: 5 x
Statutory pay rate)
4
Sports, healthcare - beauty club (total area/year)
Up to 50 m2
From exceeding 50 m2 to
100 m2
Exceeding 100 m2
Adjustment coefficient of 0,5/50 m2/year
...
...
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Adjustment coefficient of 0,009/m2/year
for every additional m2 (Maximum royalties per year: 10 x Statutory
pay rate)
5
Karaoke establishment with karaoke
room, karaoke box (number of room or box/year, depending on room area)
Number of room
Up to 20 m2
From exceeding 20 m2 to
30 m2
Exceeding 30 m2
From 1 to 4 rooms
Adjustment coefficient of 1,5/room/year
...
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Adjustment coefficient of
1,7/room/year
From 5 to 10 rooms
Adjustment coefficient of
1,2/room/year
Adjustment coefficient of
1,28/room/year
Adjustment coefficient of
1,36/room/year
From 11 rooms
Adjustment coefficient of
1,05/room/year
Adjustment coefficient of
1,12/room/year
Adjustment coefficient of
1,19/room/year
...
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6
Bar, bistro, club, discotheque (total area/year)
Up to 50 m2
From exceeding 50 m2 to
200 m2
Exceeding 200 m2
Adjustment coefficient of 2,35 -
4,0/50 m2/year
Adjustment coefficient of 0,06/m2/year
for every additional m2
Adjustment coefficient of 0,05/m2/year
for every additional m2 (Maximum royalties per year: 27 x
Statutory pay rate)
7
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4 - 5 stars (or equivalent)
1 - 3 stars (or equivalent)
Other services (restaurant, bar,
karaoke, swimming pool, sports training, massage, spa, lobby, parking lot,
shopping mall, playground, etc.) in the premise shall comply with sections 1,
2, 3, 4, 5, and 6 of this Appendix
0,03/room/year
0,02/room/year
8
Play area (total area/year)
Up to 200 m2
From exceeding 200 m2
to 500 m2
...
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Other services in the premise
shall comply with sections 1, 2, 3, 4, 5, and 6 of this Appendix
Adjustment coefficient of 0,7/200
m2/year
Adjustment coefficient of 0,003/m2/year
for every additional m2
Adjustment coefficient of 0,001/m2/year
for every additional m2 (Maximum royalties per year: 12 x
Statutory pay rate)
9
Shopping mall, Office building (total area/year)
Up to 200 m2
From exceeding 200 m2
to 500 m2
Exceeding 500 m2
...
...
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Adjustment coefficient of 1,5/200
m2
Adjustment coefficient of 0,3/100
m2/year for every additional 100 m2
Adjustment coefficient of 0,2/100
m2/year for every additional 100 m2 (Maximum
royalties per year: 50 x Statutory pay rate)
10
Supermarket (total area/year)
Up to 500 m2
From exceeding 500 m2
to 1000 m2
Exceeding 1000 m2
Adjustment coefficient of 1,25/500
m2
...
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Adjustment coefficient of 0,2/100
m2/year for every additional 100 m2 (Maximum
royalties per year: 10 x Statutory pay rate)
11
Aviation activities and public transport (average number of passenger/year)
Aviation - International flight
0,0031 - 0,004/100 passengers/year
Aviation - Domestic flight
0,0019 - 0,0025/100
passengers/year
Railway or other means of transport such as: motor
vehicle, vessel, hydrofoil, electric train, etc.
0,0016 - 0,0021/100
passengers/year
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- In regard to business and commercial operations under
sections 1 through 10 of this Appendix, urban area classification shall be
applied as follows:
√ Hanoi City and Ho Chi Minh City: apply the royalty rate;
√ Class I urban area: apply 80% of the royalty rate;
√ Class II urban area: apply 60% of the royalty rate;
√ Class II urban area: apply 40% of the royalty rate;
√ Class IV urban area: apply 20% of the royalty rate;
√ Class V urban area: apply 10% of the royalty rate.
- Royalty rate above applies to copyright holders and
similarly to related right holders in regard to audio recordings and video
recordings.
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FORMS RELATING TO COPYRIGHT, RELATED
RIGHTS
(Attached to Decree No. 17/2023/ND-CP dated April 26, 2023 of the
Government)
Form No. 01
Application for approval for use of works, performance,
audio recording, video recording, broadcasting program where the Government
represents copyright ownership and related right ownership
Form No. 02
Application for approval for use of works, performance,
audio recording, video recording, broadcasting program where the Government
represents the right to management of copyrights and related rights
Form No. 03
Application for approval for copyright exceptions applied
to persons with disabilities
Form No. 04
Application for approval for translation from foreign
language to Vietnamese for teaching and research of non-commercial nature
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Application for approval for reproduction of the works for
teaching and research of non-commercial nature
Form No. 06
Application for annulment of Certificate of registered
copyright, Certificate of registered related rights
Form No. 07
Application for approval for royalty rate and payment
method
Form No. 08
Application for acknowledgement, removal of counseling
organization, service provider regarding copyright and related rights
Form No. 09
Application for examination of copyright, related right
assessment
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Application for issuance, re-issuance of copyright,
related right assessor’s card
Form No. 11
Sample copyright, related right assessor's card
Form No. 12
Application for issuance, re-issuance of certificate of
copyright, related right assessing body
Form No. 13
Sample certificate of copyright, related right assessing
body
Form No. 01
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FOR APPROVAL FOR USE OF WORKS,
PERFORMANCE, AUDIO RECORDING, VIDEO RECORDING, BROADCASTING PROGRAM WHERE THE
GOVERNMENT REPRESENTS COPYRIGHT OWNERSHIP AND RELATED RIGHT OWNERSHIP
To: ……………………………………………
APPLICANT
Full name: /Name in English, abbreviation (if any):
Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
Phone: Fax: E-mail:
AUTHORIZED
ORGANIZATION/INDIVIDUAL (if application is submitted via authorization)
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Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
Phone: Fax: E-mail:
DETAILS
Hereby request competent authority to approve the use of
works, performance, audio recording, video recording, broadcasting program
where the government represents copyright ownership and related right
ownership.
WORK/PERFORMANCE/AUDIO
RECORDING/VIDEO RECORDING/BROADCASTING PROGRAM OF WHICH USE RIGHT IS
REQUESTED
Name of work, performance, audio recording, video
recording, broadcasting program:
Form of the work:
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Information/access to the work, performance, audio
recording, video recording, broadcasting program:
Certificated of registered copyright/Certificate of
registered related rights (if any):
COSTS
Type of costs
Amount
□ Costs for approving the use of works, performance, audio
recording, video recording, broadcasting program where the government
represents copyright ownership and related right ownership
Total amount attached to the application:
...
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Payment order number (when making payments via post
service or directly to accounts of competent authority):
APPLICATION CONTENTS
CONTENT INSPECTION
(For public official receiving
the application)
□ The application
□ Use plan
□ Copies of payment order (when making payments via post
service or directly to accounts of competent authority)
...
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□
□
□
□
Public official receiving the
application
(Signature and full name)
COMMITMENT
OF APPLICANT/AUTHORIZED APPLICANT
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Filed in ………….…………… (Location
and date)
Signature and
full name of applicant/authorized applicant
(Including position and seal, if any)
____________________
* Note: Organizations and individuals shall tick an “x” in
boxes □ if the information following the boxes is appropriate.
Form No. 02
APPLICATION*
FOR APPROVAL FOR USE OF WORKS,
PERFORMANCE, AUDIO RECORDING, VIDEO RECORDING, BROADCASTING PROGRAM WHERE THE
GOVERNMENT REPRESENTS THE RIGHT TO MANAGEMENT OF COPYRIGHTS AND RELATED RIGHTS
...
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APPLICANT
Full name: /Name in English, abbreviation (if any):
Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
Phone: Fax: E-mail:
AUTHORIZED
ORGANIZATION/INDIVIDUAL (if application is submitted via authorization)
Full name: /Name in English, abbreviation (if any):
Legal representative:
...
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Address:
Phone: Fax: E-mail:
DETAILS
Hereby request the Copyright Protection Agency of Vietnam
to approve the use of works, performance, audio recording, video recording,
broadcasting program where the government represents the right to management
of copyrights and related rights.
WORK/PERFORMANCE/AUDIO
RECORDING/VIDEO RECORDING/BROADCASTING PROGRAM OF WHICH USE RIGHT IS
REQUESTED
Name of work, performance, audio recording, video
recording, broadcasting program:
Form of the work:
Information on author/copyright holder/related right
holder:
Information/access to the work, performance, audio
recording, video recording, broadcasting program:
...
...
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COSTS
Type of costs
Amount
□ Costs for approving the use of works, performance, audio
recording, video recording, broadcasting program where the government
represents copyright ownership and related right ownership
Total amount attached to the application:
Payment order number (when making payments via post
service or directly to account of Copyright Protection Agency of Vietnam):
...
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CONTENT INSPECTION
(For public official receiving
the application)
□ The application
□ Use plan
□ Documents proving effort to search for right holder in
the Registration catalog on copyrights and related rights
□ Documents proving effort to search for right holder via
organizations acting as collective representatives of copyright and related
rights
□ Documents proving effort to search for right holders via
current or previous users
□ Documents proving effort to search for right holder on
the internet
...
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□ Power of attorney (notarized, certified, or consular
legalized) if the application is submitted via authorization
□
□
□
□
□
□
□
□
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COMMITMENT
OF APPLICANT/AUTHORIZED APPLICANT
We hereby guarantee the accuracy and adequacy of the
information above and assume full legal responsibilities.
Filed in ………….…………… (Location
and date)
Signature and
full name of applicant/authorized applicant
(Including position and seal, if any)
...
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____________________
* Note: Organizations and individuals shall tick an “x” in
boxes □ if the information following the boxes is appropriate.
Form No. 03
APPLICATION*
FOR APPROVAL FOR COPYRIGHT
EXCEPTIONS APPLIED TO PERSONS WITH DISABILITIES
To: Copyright Protection Agency of
Vietnam, the Ministry of Culture, Sports and Tourism.
APPLICANT
Full name: /Name in English, abbreviation (if any):
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Business registration/Operation registration/Establishment
decision No. issued on: (date) in: (location)
Address:
Phone: Fax: E-mail:
DETAILS
Hereby request for approval for applying copyright
exceptions applied to persons with disabilities in accordance with Article
25a of the Law on Intellectual Property in regard to:
□ The right to create copies in accessible format,
reproduce works in form of accessible copies in accordance with Clause 2
Article 25a of the Law on Intellectual Property
□ The right to perform works in form of accessible copies
in accordance with Clause 2 Article 25a of the Law on Intellectual Property
□ The right to distribute works in form of accessible
copies in accordance with Clause 2 Article 25a of the Law on Intellectual
Property
□ The right to distribute works in form of accessible
copies in accordance with Clause 3 Article 25a of the Law on Intellectual
Property
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□ The right to communicate works in form of accessible
copies in accordance with Clause 2 Article 25a of the Law on Intellectual
Property
□ The right to communicate works in form of accessible
copies in accordance with Clause 3 Article 25a of the Law on Intellectual
Property
□ The right to communicate works in form of accessible
copies in accordance with Clause 4 Article 25a of the Law on Intellectual
Property
□ The right to import works in form of accessible copies
in accordance with Clause 5 Article 25a of the Law on Intellectual Property
□ Other rights (present in Use plan)
APPLICATION CONTENTS
CONTENT INSPECTION
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□ The application
□ Use plan
□ Certified true copies of Certificate of Business
Registration/Certificate of Operation Registration/Establishment Decision
□ Other documents of the applicant proving their
eligibility
□
□
□
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Public official receiving the
application
(Signature and full name)
COMMITMENT
OF APPLICANT
We hereby guarantee the accuracy and adequacy of the
information above and assume full legal responsibilities.
Filed in ………….…………… (Location
and date)
Signature and
full name of filing individual
(Including position and seal, if any)
...
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____________________
* Note: Organizations and individuals shall tick an “x” in
boxes □ if the information following the boxes is appropriate.
Form No. 04
APPLICATION*
FOR APPROVAL FOR TRANSLATION FROM
FOREIGN LANGUAGE TO VIETNAMESE FOR TEACHING AND RESEARCH OF NON-COMMERCIAL
NATURE
To: Copyright Protection Agency of
Vietnam, the Ministry of Culture, Sports and Tourism.
APPLICANT
...
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Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
Phone: Fax: E-mail:
AUTHORIZED
ORGANIZATION/INDIVIDUAL (if application is submitted via authorization)
Full name: /Name in English, abbreviation (if any):
Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
...
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DETAILS
We hereby request the Copyright Protection Agency of
Vietnam to approve the translation from foreign language to Vietnamese for
teaching and research of non-commercial nature.
WORKS
OF WHICH TRANSLATION PERMISSION IS REQUESTED
Name of works:
Form of the work:
Information on author/copyright holder:
Full name: Nationality:
Address:
Phone number: Email:
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Other information on the works (if any):
COSTS
Type of costs
Amount
□ Costs for approving translation from foreign language to
Vietnamese for teaching and research of non-commercial nature
Total amount attached to the application:
...
...
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APPLICATION CONTENTS
CONTENT INSPECTION
(For public official receiving
the application)
□ The application
□ Use plan
□ Documents proving effort to acquire permission/search
for copyright holder
□ Other documents of the applicant proving their eligibility
...
...
...
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□ Power of attorney (notarized, certified, or consular
legalized) if the application is submitted via authorization
□
□
□
□
□
□
Public official receiving the
application
(Signature and full name)
...
...
...
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COMMITMENT
OF APPLICANT/AUTHORIZED APPLICANT
We hereby guarantee the accuracy and adequacy of the
information above and assume full legal responsibilities.
Filed in ………….…………… (Location
and date)
Signature and
full name of applicant/authorized applicant
(Including position and seal, if any)
____________________
* Note: Organizations and individuals shall tick an “x” in
boxes □ if the information following the boxes is appropriate.
...
...
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APPLICATION*
FOR APPROVAL FOR REPRODUCTION OF THE
WORKS FOR TEACHING AND RESEARCH OF NON-COMMERCIAL NATURE
To: Copyright Protection Agency of
Vietnam, the Ministry of Culture, Sports and Tourism.
APPLICANT
Full name: /Name in English, abbreviation (if any):
Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
Phone: Fax: E-mail:
...
...
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Full name: /Name in English, abbreviation (if any):
Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
Phone: Fax: E-mail:
DETAILS
We hereby request the Copyright Protection Agency of
Vietnam to approve the reproduction of the works for teaching, research of
non-commercial nature
WORKS
OF WHICH REPRODUCTION IS REQUESTED
Name of works:
...
...
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Information on author/copyright holder:
Full name: Nationality:
Address:
Phone number: Email:
Information/access to the works:
Other information on the works (if any):
COSTS
Type of costs
...
...
...
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□ Costs for approving the reproduction of works for
teaching, research of non-commercial nature
Total amount attached to the application:
Payment order number (when making payments via post
service or directly to account):
APPLICATION CONTENTS
CONTENT INSPECTION
(For public official receiving
the application)
...
...
...
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TVPL Pro Membership to see English documents.
□ The application
□ Use plan
□ Documents proving effort to acquire permission/search
for copyright holder
□ Other documents of the applicant proving their
eligibility
□ Copies of payment orders (when making payments via post
service or directly to account of Copyright Protection Agency of Vietnam)
□ Power of attorney (notarized, certified, or consular
legalized) if the application is submitted via authorization
□
□
□
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□
□
Public official receiving the
application
(Signature and full name)
COMMITMENT
OF APPLICANT/AUTHORIZED APPLICANT
We hereby guarantee the accuracy and adequacy of the
information above and assume full legal responsibilities.
Filed in ………….…………… (Location
and date)
Signature and
full name of applicant/authorized applicant
(Including position and seal, if any)
...
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____________________
* Note: Organizations and individuals shall tick an “x” in
boxes □ if the information following the boxes is appropriate.
Form No. 06
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
APPLICATION FOR ANNULMENT OF CERTIFICATE
OF REGISTERED COPYRIGHT/CERTIFICATE OF REGISTERED RELATED RIGHTS
To: Copyright Protection Agency of
Vietnam, the Ministry of Culture, Sports and Tourism.
I. ORGANIZATION, INDIVIDUAL ISSUED WITH CERTIFICATE OF
REGISTERED COPYRIGHT, CERTIFICATE OF REGISTERED RELATED RIGHTS
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Full name: ……………………………………………….. Nationality .....................................
Date of birth: ……………………………………..……………….. ........................................
ID Card/Citizen ID Card/Passport number: ....................................................................
Issued on: …………………………………………. (date) in: ............................................... (location)
Address: .....................................................................................................................
Phone number: ............................................................................................................
Email: .........................................................................................................................
□ Organization
Name of organization: .................................................................................................
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...................................................................................................................................
Issued on: …………………………………………. (date) in: ............................................... (location)
Address: .....................................................................................................................
Phone number: ............................................................................................................
Email: .........................................................................................................................
II. REPRESENTATIVE OF APPLICANT
Full name/Name of organization: ..................................................................................
Date of birth: ……………………………………..………………...........................................
ID Card/Citizen ID Card/Passport number (or enterprise
registration, establishment decision in case of organization):
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Address: .....................................................................................................................
Phone number: …………………………………… Email (if any) .........................................
III. INFORMATION ON CERTIFICATE OF REGISTERED COPYRIGHT,
CERTIFICATE OF REGISTERED RELATED RIGHTS REQUESTED TO BE ANNULLED
1. Certificate number: Date
of issue:
2. Reason, basis for requesting annulment:
...................................................................................................................................
...................................................................................................................................
...................................................................................................................................
We hereby guarantee the accuracy and adequacy of the
information above and assume full legal responsibilities.
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Filed in ………….…………… (Location and
date)
Signature and
full name of applicant/authorized applicant
(Including position and seal, if any)
Form No. 07
APPLICATION
FOR APPROVAL FOR ROYALTY RATE AND
PAYMENT METHOD
To: Minister of Culture, Sports and
Tourism
INFORMATION
ON APPLICANT FOR APPROVAL FOR ROYALTY RATE AND PAYMENT METHOD
Name of organization:
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Address:
Phone: Fax: Email:
DETAILS
□ Approving royalty rate and payment method for:
APPLICATION CONTENTS
CONTENTS
(For public official receiving
the application)
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□ (Certified) copies of Decision on
establishment/Operation registration of the organization
□ Royalty rate and payment method for which approval is
requested
□ Methods for developing royalty rate and payment method
for which approval is requested
□ Other documents: …………………………………………………
□
□
□
□
□
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COMMITMENT
OF APPLICANT
We hereby guarantee the accuracy and adequacy of the
information above and assume full legal responsibilities.
Filed in: ………………………… (location
and date)
Filing
individual
(Signature, full name, position, and seal)
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APPLICATION*
FOR ACKNOWLEDGEMENT/REMOVAL OF
COUNSELING ORGANIZATION, SERVICE PROVIDER REGARDING COPYRIGHT AND RELATED
RIGHTS
To: Copyright Protection Agency of
Vietnam, the Ministry of Culture, Sports and Tourism.
APPLICANT
Full name: /Name in English, abbreviation (if any):
Legal representative:
Citizen ID Card/Business Registration No. issued on: (date)
in: (location)
Address:
Phone: Fax: E-mail:
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□ Acknowledging Counseling organization, service provider
regarding copyright and related rights
□ Removing Counseling organization, service provider
regarding copyright and related rights
APPLICATION CONTENTS
CONTENT INSPECTION
(For public official receiving
the application)
□ The application
□ List of affiliated individual and copies of their ID
Card/Citizen ID Card
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□ Certified true copies of undergraduate degrees in law
major of heads of the organization and affiliated individuals
□ Copies of certificate of business
registration/certificate of operation registration
□
□
□
□
□
Public official receiving the
application
(Signature and full name)
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COMMITMENT
OF APPLICANT
We hereby guarantee the accuracy and adequacy of the
information above and assume full legal responsibilities.
Filed in ………….…………… (Location
and date)
Signature and
full name of filing individual
(Including position and seal, if any)
____________________
* Note: Organizations and individuals shall tick an “x” in
boxes □ if the information following the boxes is appropriate.
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APPLICATION
FOR EXAMINATION OF
COPYRIGHT AND RELATED RIGHT ASSESSMENT
To: Copyright Protection Agency of Vietnam, the Ministry
of Culture, Sports and Tourism.
Photo
(3 x 4 cm)
INFORMATION OF APPLICANT
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Date of birth:
ID Card/Citizen ID Card No.
Address:
Telephone:
Place of birth:
Issued on: (date)
Email:
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DETAILS TO BE EXAMINED
DETAILS EXEMPT FROM EXAMINATION
□ Knowledge regarding the law, copyright assessment,
related right assessment
□
□ Knowledge specializing in copyright
□
□ Knowledge specializing in related rights
□
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ATTACHMENTS OF THE APPLICATION
CONTENTS
(For public official receiving
the application)
□ Application
□ (Certified) copies of undergraduate or graduate degree
□ Confirmation of working process
□ 2 colored head shots in 3 x 4 cm format
□ Request for exemption from assessment examination
□
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□
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Public official receiving the
application
(Signature and full name)
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We hereby guarantee the accuracy of information and
attachments of the application and assume full legal responsibilities.
Filed in: ………………………… (location
and date)
Applicant
(Signature and full name)
Form No. 10
APPLICATION
FOR ISSUANCE/RE-ISSUANCE
OF COPYRIGHT, RELATED RIGHT ASSESSOR'S CARD
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Photo
(3 x 4 cm)
INFORMATION OF APPLICANT
Full name:
Date of birth:
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Address:
Telephone:
Place of birth:
Issued on: (date)
Email:
APPLICATION DETAILS
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□ Application for re-issuance Number of issued card:
Reason for re-issuance: □ Lost card □ Damaged card □
Change to information of assessor’s card
FIELD OF ASSESSMENT
□ Copyright
□ Related rights
FORM OF ASSESSMENT
□ Independent assessment
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APPLICATION CONTENTS
CONTENTS
(For public official receiving
the application)
□ The application
□ Copies of written qualification of copyright, related
right assessment examination
□ Copies of ID Card/Citizen ID Card
□ 2 colored head shots in 3 x 4 cm format
□ Previously issued card (if applying for re-issuance,
except when previous card is lost)
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□ Written request for re-issuance
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□
□
□
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Public official receiving the
application
(Signature and full name)
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COMMITMENT
OF APPLICANT
We hereby guarantee the accuracy of information and
attachments of the application and assume full legal responsibilities.
Filed in: ………………………… (location
and date)
Applicant
(Signature and full name)
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Form No. 11
SAMPLE COPYRIGHT, RELATED RIGHT
ASSESSOR'S CARD
(Dimension of copyright, related right assessor’s card is
12 cm x 18 cm)
Form No. 12
APPLICATION
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To: Copyright Protection Agency of
Vietnam, the Ministry of Culture, Sports and Tourism
INFORMATION OF APPLICANT FOR
ISSUANCE/RE-ISSUANCE OF CERTIFICATE OF COPYRIGHT, RELATED RIGHT ASSESSING
BODY
Name of organization:
Establishment decision/Operation registration No. issued
on (date) in (location)
Address:
Phone: Fax: Email:
APPLICATION DETAILS
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□ Application for re-issuance of Number of issued
certificate:
Reason for re-issuance: □ Lost certificate
□ Damaged certificate □ Change to information of the
certificate
LIST OF AFFILIATED ASSESSOR
No.
Full name
Assessor's card No.
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APPLICATION CONTENTS
CONTENTS
(For public official receiving
the application)
□ The application
□ (Certified) copies of Decision on
establishment/Operation registration of the organization
□ (Certified) copies of decision on recruitment,
employment contract, working contract
□ Previously issued certificate of assessing body (if
applying for re-issuance, except when previous certificate is lost)
□ Written request for re-issuance
□
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□
□
□
Public official receiving the
application
(Signature and full name)
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COMMITMENT
OF APPLICANT
We hereby guarantee the accuracy of information and
attachments of the application and assume full legal responsibilities.
Filed in: ………………………… (location
and date)
Filing
individual
(Signature, full name, position, and seal)
Form No. 13
THE MINISTRY OF CULTURE, SPORTS
AND TOURISM
COPYRIGHT PROTECTION AGENCY OF VIETNAM
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No. /GCNTCGD-BQTG
(Location and date)
CERTIFICATE
Copyright, related right assessing
body
DIRECTOR OF COPYRIGHT PROTECTION
AGENCY OF VIETNAM
Pursuant to Clause 2 and Clause 2a Article 201 of the Law on
Intellectual Property of 2005 amended in 2009, 2019, and 2022;
Pursuant to Article … of Decree No. …… dated ……… of the
Government elaborating the Law on Intellectual Property regarding copyright and
related rights;
Pursuant to Decision No. … dated ……… of the Minister of
Culture, Sports and Tourism on functions, tasks, powers, and organizational
structures of the Copyright Protection Agency of Vietnam.
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Organization:
Business name:
Establishment decision/Operation registration No. issued on:
(date) in: (location)
Address:
As copyright, related right
assessing body
Full name of legal representative of the organization:
List of copyright, related right assessors:
No.
Full name
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Specialty
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DIRECTOR