MINISTRY OF CULTURE AND INFORMATION AND
MINISTRY OF FINANCE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 58/2003/TTLT-BVHTT-BTC
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Hanoi, 17 October 2003
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JOINT
CIRCULAR
PROVIDING GUIDELINES ON
COPYRIGHT PROTECTION AT CUSTOMS OFFICES WITH RESPECT TO IMPORTED AND EXPORTED
GOODS
Pursuant to the Civil Code of the Socialist Republic of Vietnam dated 28
October 1995; Pursuant to the Law on Customs 29-2001-QH10 dated 29 June
2001; Pursuant to Decree 76-CP of the Government dated 29 November 1996
providing guidelines for implementation of a number of the provisions of the
Civil Code with respect to copyright (hereinafter referred to as Decree
76-CP); Pursuant to Decree 60-CP of the Government dated 6 June 1997
providing guidelines for implementation of provisions of the Civil Code with
respect to civil relations involving foreign elements (hereinafter referred to
as Decree 60-CP); Pursuant to Decree 101-2001-ND-CP of the Government dated
31 December 2001 making detailed provisions for implementation of a number of
articles of the Law on Customs on customs procedures, customs inspection and
control (hereinafter referred to as Decree 101-2001-ND-CP); The Ministry
of Culture and Information and the Ministry of Finance hereby provide the
following guidelines on copyright protection at customs offices with respect to
imported and exported goods involving copyright:
I. INTERPRETATION OF TERMS
In this Circular, a number of terms shall be construed as
follows:
1. Authors are persons provided for in article 745 of
the Civil Code.
2. Owners of works are individuals and organizations
provided for in article 746 of the Civil Code.
3. Works which are protected in Vietnam consist of types of
works which are protected as provided for in article 747 of the Civil Code and
article 4 of Decree 76-CP; which do not have any contents provided for in
clause 1 of article 749 of the Civil Code, and are one of the following
works: 3.1 A work the author of which is a Vietnamese citizen;
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3.3 A work of a foreign individual or foreign legal entity
which is created and expressed in a definite material form in Vietnam;
3.4 A work of a foreign individual or foreign legal entity
which is first published or disseminated in Vietnam;
3.5 A work of a foreign individual or foreign legal entity
which is protected in Vietnam in accordance with international treaties to
which Vietnam is a signatory or participant.
Works which are protected must be expressed in a definite
material form, irrespective of the form and language used and the quality of
the work, of whether or not it is published, or of whether or not it has been
issued with a copyright certificate.
4. Publication or dissemination of a work is the expression
of the work to the public by way of presentation, exhibition, publication,
performance, radio or television broadcasting, and other material forms.
5. Work which is first published or disseminated in Vietnam
is the work of a foreign individual or foreign legal entity which has not yet
been published or disseminated in any country prior to publication or
dissemination in Vietnam. A work shall be considered as a work which is
first published or disseminated in Vietnam when such work is published or
disseminated in Vietnam within thirty (30) days from the date on which the work
is first published or disseminated in any country.
6. Temporary suspension of performance of customs
procedures means the temporary suspension by a customs office of the
performance of customs procedures for a consignment of imported or exported
goods which is suspected to be in breach of copyright.
7. Customs clearance means the decision-making by a customs
office for goods to be imported or exported.
8. Imported or exported goods in breach of copyright are
imported or exported goods which are in breach of the personal rights and
property rights of an author or owner of a work, comprising the following
goods:
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8.2 Imported or exported goods which are copies of a work
the contents of which are in breach of copyright.
II. SUBJECTS ENTITLED TO REQUEST AND SCOPE OF REQUESTS FOR
COPYRIGHT PROTECTION AT CUSTOMS OFFICES
1. Subjects entitled to request copyright protection at
customs offices:
The following subjects shall be entitled to request the
customs office to provide copyright protection: 1.1 An author or owner of
a work which is protected in Vietnam;
1.2 An individual or organization issued with a licence to
use works which are protected in Vietnam;
1.3 An individual or organization providing copyright
services and authorized by the subjects referred to in clauses 1.1 and 1.2 of
Section II of this Circular;
1.4 A relevant organization in charge of collective
management of copyright.
2. Scope of copyright protection by customs offices:
This Circular shall be applicable to all imported or
exported goods involving protected copyright, except for the following cases:
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2.2 Goods temporarily imported for a definite period serving
the work and daily living of foreign organizations and individuals during their
stay in Vietnam and then re-exported;
2.3 Goods temporarily imported or exported for a definite
period for shows, exhibitions and introduction of products or for helping
consumers in distinguishing or recognizing goods in breach of copyright, which
are re-exported or re-imported;
2.4 Goods in transit;
2.5 Goods being gifts and donations in a quantity entitled
to duty exemption; personal baggage as stipulated in the Law on Customs.
III. PROCEDURES FOR COPYRIGHT PROTECTION AT CUSTOMS OFFICES
1. Submission of applications for copyright
protection to the customs office (hereinafter referred to as application for
protection):
For copyright protection at the customs office, the
subjects referred to clause 1 of Section II of this Circular (hereinafter
referred to as applicant) may submit an application for protection in
accordance with the provisions of clause 1.1 or 1.2 of Section III of this
Circular.
1.1 Submission of an application for long-term
protection: Where there is no information on a specific consignment of
imported or exported goods in breach of copyright, the applicant may submit an
application for long-term protection. The application for protection shall
be accompanied by the following documents:
1.1.1 Application for copyright protection at the customs
office (in the form of Appendix 1 attached to this Circular);
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1.1.3 Documents evidencing the right to request:
1.1.3.1 Copyright certificate (if any). Where a
request for protection is made without a copyright certificate, the applicant
must, in the application for protection, prove and guarantee its copyright with
respect to the work for which protection is requested;
1.1.3.2 Contract for use of a work (in the case where the
applicant is a subject provided for in clause 1.2 of Section II of this Circular);
1.1.3.3 Documents evidencing transfer or inheritance of
copyright (in the case of subjects receiving a transfer or inheritance);
1.1.3.4 Other documents evidencing the right to request in
accordance with the law of Vietnam or international treaties to which Vietnam
is a signatory or participant (in the case of the author or owner of a work
provided for in clauses 3.3, 3.4 and 3.5 of Section I of this Circular);
1.1.4 Description of the work and sample or photograph of
the work, specifying signs for recognition or distinction between goods in
breach and goods not in breach;
1.1.5 A deposit1 or letter of guarantee of a
credit institution in order to guarantee the payment of expenses and damages
caused by the temporary suspension by a customs office of the performance of
customs procedures for a consignment of imported or exported goods at the
request of an applicant in the case where the temporarily suspended goods are
found not to be in breach of copyright. In this case, the deposit or letter
of guarantee shall be provided for as follows:
1.1.5.1 The deposit shall be a specific amount of at least
twenty (20) million Vietnamese dong; or
1.1.5.2 The letter of guarantee shall provide a guarantee
for a specific amount of at least fifty (50) million Vietnamese dong; or
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Where an applicant has submitted an application for
protection to the customs office in accordance with the provisions of clause
1.1 of Section III of this Circular, and subsequently obtains information on
the specific consignment of goods in breach of its copyright, it may submit an
application for protection on a case-by-case basis to the customs office for temporary
suspension of the performance of customs procedures for the consignment which
is suspected to be in breach of copyright as provided for in clause 1.2 of
Section III of this Circular. In this case, the applicant shall be
exempted with respect to the papers and documents stipulated in clause 1.2.4 of
Section III of this Circular.
1.2 Submission of an application for protection on a
case-by-case basis: Where there is suspicion that a specific consignment
of imported or exported goods is in breach of copyright, an applicant may
submit an application for protection on a case-by-case basis to the customs
office for temporary suspension of the performance of customs procedures for
the consignment of imported or exported goods specified in the application for
protection. The application for protection shall be accompanied by the
following documents:
1 Phillips Fox Note: The literal translation is
"advance".
1.2.1 Application for copyright protection at the customs
office (in the form of Appendix 1 attached to this Circular), providing
sufficient information on the specific consignment of goods which is requested
to be temporarily suspended in order for the customs office to identify such
consignment of goods, such as: name and address of importer, exporter;
importing, exporting country; country of origin of consignment of goods; method
of transportation, details of means of transportation, carrier, number of bill
of lading; proposed port of import, export; proposed customs office to perform
procedures; detailed description of suspected goods or sample or photograph of
suspected goods; name of manufacturer or distributor of goods suspected to be
in breach;
1.2.2 Initial evidence of the suspicion that the imported
or exported goods are in breach of copyright, such as:
1.2.2.1 The origin of the consignment of goods being not
from countries, regions, individuals or organizations authorized to produce
legal copies of the work;
1.2.2.2 A sample or photograph of the copies in breach (if
any);
1.2.3 A deposit or letter of guarantee of a credit
institution in order to guarantee the payment of expenses and damages caused by
the temporary suspension by a customs office of the performance of customs
procedures for a consignment of imported or exported goods at the request of an
applicant in the case where the temporarily suspended goods are found not to be
in breach of copyright. In this case, the deposit or letter of guarantee
shall be provided for as follows:
1.2.3.1 The deposit or letter of guarantee shall be equal
to twenty (20) per cent of the value of the consignment of goods at the price
stipulated in the contract and shall be paid into an escrow account of the
customs office opened at the State Treasury; or
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1.2.3.3 The letter of guarantee of a credit institution
shall guarantee payment of all expenses and damages caused by the temporary
suspension by the customs office of the performance of customs procedures for
the consignment of imported or exported goods at the request of the applicant
in the case where the temporarily suspended goods are found not to be in breach
of copyright;
1.2.4 Papers and documents stipulated in clauses 1.1.2,
1.1.3 and 1.1.4 of Section III of this Circular.
1.3 The applicant must pay a fee in accordance with the
regulations of the Ministry of Finance.
2. Receipt and processing of applications for protection:
2.1 Bodies receiving and processing applications for
protection:
2.1.1 The General Department of Customs shall receive
applications which are submitted in accordance with the provisions of clause
1.1 of Section III of this Circular if the scope of the request for protection
by customs offices falls within the localities under the control of two or more
provincial or municipal Customs Departments.
2.1.2 A provincial or municipal Customs Department shall
receive applications which are submitted in accordance with the provisions of
clause 1.1 or 1.2 of Section III of this Circular if the scope of the request
for protection by customs offices falls within the locality under the control
of such provincial or municipal Customs Department.
2.1.3 A customs office shall receive applications which are
submitted in accordance with the provisions of clause 1.1 or 1.2 of Section III
of this Circular if the scope of the request for protection by customs offices
falls only within the locality under the control of such customs office.
2.2 Receipt and processing of applications for protection:
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2.2.1 Conditions for acceptance of an application for
protection:
2.2.1.1 The applicant is a person entitled to submit an
application for protection as provided for in clause 1 of Section II of this
Circular;
2.2.1.2 The contents of the application for protection fall
within the scope of rights of the applicant;
2.2.1.3 The duration and point of time of application for
protection falls within the duration of copyright protection as provided for in
article 766 of the Civil Code, article 14 of Decree 76-CP or bilateral
agreements and international treaties to which Vietnam is a signatory or
participant;
2.2.1.4 The work for which protection is requested must be
a work protected in Vietnam;
2.2.1.5 The application for protection and enclosed
documents contain sufficient information for the customs office to use as the
basis for taking copyright protection measures in accordance with this
Circular;
2.2.1.6 The applicant pays a deposit or provides a letter
of guarantee of a credit institution as provided for in clause 1.1.5 or 1.2.3
of Section III of this Circular.
2.2.2 Time-limit for acceptance of an application for protection:
2.2.2.1 With respect to applications for protection
submitted in accordance with clause 1.1 of Section III of this Circular, the
applicant must be notified in writing within ten (10) days whether its
application is accepted or not. Where an application is not accepted, the
reason therefor must be specified.
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3. Inspection and identification of imported or exported
goods which are suspected to be in breach of copyright:
After accepting an application for protection, a
customs office shall:
3.1 Forward information relating to the application for
protection to all units under the customs office for implementation.
3.2 Inspect the imported or exported goods which are
suspected to be in breach of copyright:
The customs office receiving information shall, on the
basis of the information provided in the application and file for copyright
protection, be responsible for monitoring, inspecting and identifying imported
or exported goods which are suspected to be in breach of copyright.
3.3 Make a decision on temporary suspension of performance
of the customs procedures:
3.3.1 The head of the customs office which identifies
imported or exported goods which are suspected to be in breach of copyright
shall make a decision on temporary suspension of the performance of customs
procedures (in the form of Appendix 2 to this Circular):
3.3.1.1 In the case of an application for long-term
protection, upon identifying a breach, the customs office shall make a decision
on temporary suspension without requiring additional application from the
applicant;
3.3.1.2 In the case of an application for protection on a
case-by-case basis, upon obtaining information on a specific consignment, the
customs office shall make a decision on temporary suspension based on such
application for protection on a case-by-case basis.
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3.3.3 The decision on temporary suspension of performance
of customs procedures must be sent to the applicant and the owner of imported
or exported goods.
3.3.4 The duration of temporary suspension and the
extension of the duration of temporary suspension of performance of customs
procedures shall be determined in accordance with the provisions of article 14
of Decree 101-2001-ND-CP of the Government (the decision on extension of the
duration of temporary suspension shall be in the form of Appendix 3 to this
Circular).
4. Inspection to determine the legal status of the
copyright and to deal with goods which are subject to temporary
suspension: Verification of the legal status of copyright with respect to
temporarily suspended goods is the physical inspection of goods, enclosed
documents and evidence in order to determine whether such consignment of
imported or exported goods is in breach of copyright.
4.1 Rights and responsibilities of organizations and
individuals concerned in the inspection and determination of the legal status
of copyright with respect to temporarily suspended goods:
4.1.1 Rights and obligations of applicants for temporary
suspension:
4.1.1.1 To request the customs office to take samples from
the temporarily suspended consignment of imported or exported goods in order to
determine whether such consignment of imported or exported goods is in breach
of copyright;
4.1.1.2 To present and provide sufficient truthful
information and evidence to the customs office to prove that the consignment of
imported or exported goods has been in breach of their copyright;
4.1.1.3 To produce evidence or conclusions of a competent
body (if any) to prove to the customs office that the consignment of imported
or exported goods is in breach of copyright.
4.1.2 Rights and obligations of owners of goods:
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4.1.2.2 To present and provide truthful information and
evidence to the customs office to prove that the consignment of imported or
exported goods is not in breach of copyright;
4.1.1.3 To produce evidence or conclusions of a competent
body to prove to the customs office that the consignment of imported or
exported goods is not in breach of copyright.
4.1.3 Rights and responsibilities of customs offices:
4.1.3.1 To determine, based on the actual available goods,
evidence and information, whether the consignment of goods is in breach of
copyright;
4.1.3.2 To request the applicant for temporary suspension
to prove where it is impossible to determine whether a consignment is in breach
of copyright;
4.1.3.3 Where there is a conclusion of an authorized State
body on the legal status of the copyright of a consignment, the customs office
shall deal on the basis of such conclusion.
4.1.4 Rights and obligations of State bodies in charge of
culture and information:
When consulted by customs offices, the Department of
Literary and Art Copyright, Departments of Culture and Information of provinces
and cities, and specialized culture and information inspection bodies shall be
responsible:
4.1.4.1 To participate in consideration and study of files
and samples of goods;
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4.1.4.3 To reach a conclusion and to propose measures to
deal with the consignment of imported or exported goods.
4.2 Bases for determination of legal status of copyright of
temporarily suspended imported or exported goods:
4.2.1 Bases for determination that temporarily suspended
imported or exported goods are in breach of copyright:
4.2.1.1 Conclusion of an authorized State body (if any)
indicating that the temporarily suspended imported or exported goods are in
breach of copyright; or
4.2.1.2 Evidence provided by the parties which enables the
customs office to determine that the temporarily suspended imported or exported
goods are in breach of copyright; or
4.2.2 Bases for determination that temporarily suspended
imported or exported goods are not in breach of copyright:
Temporarily suspended imported or exported goods
shall be deemed not to be in breach of copyright in the following cases:
4.2.2.1 The applicant unilaterally withdraws its
application for protection or requests termination of the decision on temporary
suspension (if any); or
4.2.2.2 The conclusion of an authorized State body (if any)
indicates that the temporarily suspended imported or exported goods are not in
breach of copyright; or
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5. Resolution after determination of the legal status of
the copyright of temporarily suspended imported or exported goods:
5.1 Where it is determined that the temporarily
suspended imported or exported goods are in breach of copyright:
5.1.1 Bases for resolution:
5.1.1.1 The customs office shall issue a decision on
penalty for an administrative breach with respect to the conduct of import or
export of goods in breach of copyright in accordance with the laws on penalties
for administrative offences in the culture and information sector.
5.1.1.2 Where an authorized State body has made a decision
on penalty for the conduct of import or export of goods in breach of copyright,
the customs office shall execute the decision on penalty of the authorized
State body.
5.1.2 Resolution:
Upon resolution, the customs office shall:
5.1.2.1 Issue a decision on penalty for an administrative breach
with respect to the consignment of imported or exported goods in breach of
copyright or execute the decision on penalty of the authorized State body (if
any);
5.1.2.2 Compel the offender to pay expenses incurred from
the temporary suspension of the performance of customs procedures and to
compensate for any damages to the applicant in accordance with law;
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5.2 Where it is determined that the temporarily suspended
imported or exported goods are not in breach of copyright:
The head of the customs office shall decide:
5.2.1 To continue the performance of customs procedures for
the consignment of goods;
5.2.2 To use the deposit for payment of expenses and
damages caused by the temporary suspension of the consignment of imported or
exported goods. To request the applicant to make additional payment where
the deposit is not sufficient for payment of such items;
5.2.3 With respect to an applicant submitting an
application for protection in accordance with the provisions of clause 1.2 of
Section III of this Circular: to return the remaining deposit to the applicant
upon payment of all expenses and compensation for damages to the owner of
imported or exported goods;
5.2.4 With respect to an applicant submitting an
application in accordance with the provisions of clause 1.1 of Section III of
this Circular: to request the applicant to pay an additional deposit in order
to satisfy the provisions on payment of deposits or guarantees of clause 1.1.5
of Section III of this Circular.
6. Resolution of certain cases:
6.1 Where the court requests in writing that the customs
office hand over the temporarily suspended imported or exported goods, the
customs office shall hand over the imported or exported goods to the court for
resolution in accordance with civil or criminal legal proceedings as provided
for in applicable laws.
6.2 Where an applicant requesting temporary suspension
withdraws its application because the applicant and the owner of imported or
exported goods have reached an agreement for settlement of the consignment of
imported or exported goods, the customs office shall request the parties
concerned to produce the agreement and undertake to perform in accordance with
the agreement. Upon payment of expenses and damages relating to the
temporary suspension, the customs office shall return the deposit or the letter
of guarantee of the credit institution to the applicant requesting temporary
suspension and shall continue to perform the customs procedures for the
consignment of imported or exported goods as stipulated.
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Where an owner of imported or exported goods or a copyright
owner concerned disagrees with the conclusion on resolution of the breach, it
shall be entitled to lodge a complaint with the body authorized to resolve
complaints.
The procedures and limitation period for complaints; the
time-limit, procedures and powers to resolve complaints shall be in accordance
with the laws on complaints and other relevant laws.
V. MEASURES TO SUPPORT AND IMPROVE CAPACITY TO PERFORM
COPYRIGHT PROTECTION OF CUSTOMS OFFICES
1. Strengthening the co-operation between copyright owners
and customs offices:
1.1 Copyright owners shall provide on their own initiative
information relating to their copyright for which protection at the customs
office is requested;
1.2 Copyright owners shall co-ordinate with customs offices
to carry out training courses for customs officers to recognize legal imported
or exported goods and imported or exported goods in breach of copyright;
1.3 Copyright owners may provide financial support to
customs offices for disposal by way of destruction of consignments of imported
or exported goods in breach of copyright.
2. Improvement of knowledge of copyright of customs
officers:
The Ministry of Culture and Information and organizations
in charge of collective management of copyright, authors and owners of
protected works shall be responsible for improving and updating knowledge of
copyright of customs officers.
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The Department of Literary and Art Copyright (Ministry of
Culture and Information) and the General Department of Customs (Ministry of
Finance) shall co-ordinate to establish a database serving the work of
copyright protection at customs offices.
VI. ORGANIZATION OF IMPLEMENTATION
1. The General Department of Customs (Ministry
of Finance), the Department of Literary and Art Copyright and specialized
culture and information inspection bodies (Ministry of Culture and Information)
shall be responsible for providing guidelines to organizations and individuals
for implementation of this Circular.
2. Organizations and individuals concerned shall be
responsible for implementation of the provisions and guidelines provided in
this Circular.
3. This Circular shall be of full force and effect after
fifteen (15) day from the date of its publication in the Official Gazette.
4. During the implementation of this Circular, individuals
and organizations concerned shall report timely any problems or unclear issues
to the Ministry of Culture and Information and the Ministry of Finance for
guidance.
FOR THE MINISTER OF FINANCE
Truong Chi Trung
FOR THE MINISTER OF CULTURE
AN INFORMATION
DEPUTY MINISTER DEPUTY MINISTER
Tran Chien Thang
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ANNEX 1
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom- Happiness
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APPLICATION FOR REQUESTING COPYRIGHT PROTECTION AT
CUSTOMS AUTHORITIES
To:
………………………………………………..(1)
I/We:
…………………………………………………………….(2)
Legal basis
of application: ………………………………………(3)
It is hereby
requested that the customs authorities take measures to protect the copyright
that is stated in this Application, pursuant to the provisions in the Joint
Circular No 58 of
the Ministry
of Culture and Information and the Ministry of Finance on guidance to the
implementation of copyright protection at customs authorities in respect of
export or import goods, for the period: ………………… and to the extent:
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Presentation
of grounds for finding that the export or import goods infringe copyright:
………………………………………………………....(5)
Exposition of
potential damages caused by the importation of unlawful copies of the work
…………………………………………………………...(6)
Information
the persons requesting protection at customs authorities request to be kept
secret or considered as privilege: …………………………(7)
I undertake
to pay all expenses and damages that arise in case the suspension of customs
procedures for export or import goods has been decided on the basis of the
request made in this application but the suspended goods are found not to
infringe the copyright whose protection is requested in this application.
Done
at ….date….month…..year 200
Name of the applicant(8)
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Endnotes:
(1) Authority
receiving application stipulated in point 2.1. Section III of this Circular
(2) Name,
address, telephone number, facsimile number, e-mail, business headquarters of
the owner of copyright or name, address, telephone number, facsimile number,
e-mail, business headquarters of the representative of the owner of copyright
before customs authorities (if any)
(3) Provision
of information on:
- Description
of the work requested to be protected, type of work, name of the initial owner
of copyright in the work, name of the author of the work
- Number,
date of issue of the Copyright Certificate (if any);
- Scope of
copyright protection;
- Duration of
protection;
- In case the
work is eligible for protection in Vietnam under international treaties signed
or acceded to by Vietnam, explanation of their applicability to the protection
of the work in Vietnam;
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+ Name of the
country, producer or persons concerned in the production of lawful copies of
the work on the basis of contract, joint venture, co-operation....
+ Name of the
country, producer licensed or consented by the owner of the work to make lawful
copies of the work, title of the work
+ Name of the
country, producer licensed or consented by the initial owner of the work to
make lawful copies of the work without the authorization of the actual owner of
the work
+ Extent of
the use of the work specified in such contracts for use of work or
authorizations (e.g. right to production, right to distribution, right to use
in industrial productions, number of authorized copies, place of market sale,
duration...)
(4) Statement
of the content and duration of the request for protection, territory in which
protection is requested (nation-wide, particular localities). In the case of
applications filed pursuant to the provisions in point 1.2. of this Circular,
the statement of the duration is not required
(5) Provision
of information on:
- Distinct
aspects of infringing goods and lawful goods
- Country of
production, producer, country of market sale, buyer of unlawful copies (if any)
- Specified
lots of goods suspected to infringe (if any) (exporter, importer, name of
carrier, port of departure, port of destination, itinerary, form of
infringement of rights, description of suspected goods, quantity of goods,
weight of goods, value of the lots of goods...)
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(6)
Description of circumstances in which the importation or intended importation
of copies of the protected work caused or is going to cause damages.
(7) Coverage
of information.
(8) If being
legal person: signature, seal; if being individual: certified signature.
(9)
Accompanying documents, evidences
ANNEX 2
General
Department of Customs
Customs Department…………..
Sub-Customs Department………
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Number:
……………………….
………
date…. month…. year 200
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DECISION
ON THE SUSPENSION OF CUSTOMS PROCEDURES IN
RESPECT OF GOODS FOR WHICH THE PROTECTION OF COPYRIGHT IS REQUESTED
- Based on the
Joint Circular No 58 of the Ministry of Culture and Information and the
Ministry of Finance on guidance to the implementation of copyright protection
at customs authorities in respect of export or import goods;
- Based on
the application for requesting copyright protection No: ………. date:….filed by
the owner of copyright (Mr., Mrs., Unit, Organization………), which has been
accepted according to the letter dated……..issued by ……………………
IT
IS DECIDED
Article1:
To suspend the customs procedures in respect of the lot of export/import goods
of unit/individual …………… (Name, address), number of bill of lading
………date……freighter………(in case of import goods), number of customs
declaration………….. date ……….. registered with Sub-Department of Customs
……….. (in
case of export goods) for the reasons that the goods are suspected of
infringing the copyright of (name, address, telephone number, facsimile number
of the owner of rights) represented by..…….(name, address, telephone number,
facsimile number of the representative) to the extent (statement of suspected
infringements).
Article 2:
This Decision shall be effective in a period of 10 days counted from its
signature.
Article 3:
(Name of units, individuals concerned), officers of Sub-Department of
Customs……. shall be responsible for the execution of this Decision.
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To:
- As listed in Article 3
- General Department of Customs (as report)
- Department of Customs ………. (as report)
- Deposit
Head
of Sub-Department of Customs
ANNEX 3
General
Department of Customs
Customs Department…………..
Sub-Customs Department………
-------
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
Number:
……………………….
………
date…. month…. year 200
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DECISION
ON THE PROLONGATION OF SUSPENSION OF CUSTOMS PROCEDURES
IN RESPECT OF GOODS FOR WHICH THE PROTECTION OF COPYRIGHT IS REQUESTED
- Based on the Joint Circular
No 58 of the Ministry of Culture and Information and the Ministry of Finance on
guidance to the implementation of copyright protection at customs authorities
in respect of export or import goods;
- Based on the Decision number ….. date ….. on the suspension of customs
procedures in respect of goods for which the protection of copyright is
requested
- Based on the application for requesting the prolongation of suspension period
for customs procedures pursuant to the above-mentioned Decision number ….. date
…..
- After having considered the application, it is found that all conditions for
prolonging suspension period of customs procedures are met,
IT
IS DECIDED
Article1:
To prolong by 10 days counted from ………….1 the suspension period of
customs procedures in respect of goods, for which the protection of copyright
is requested,
Article 2:
(Name of units, individuals concerned), officers of Sub-Department of Customs….
shall be responsible for the execution of this Decision.
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...
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Head
of Sub-Department of Customs
1 Date of
the expiration of previous Decision.