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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No.
100/2006/ND-CP
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Hanoi,
September 21, 2006
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DECREE
DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF
ARTICLES OF THE CIVIL CODE AND THE INTELLECTUAL PROPERTY LAW REGARDING THE
COPYRIGHT AND RELATED RIGHTS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the November 29, 2005 Intellectual Property Law;
At the proposal of the Culture and Information Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
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Article 2.-
Subjects of application
This Decree applies to
Vietnamese organizations and individuals; and foreign organizations and
individuals engaged in activities relating to copyright and related rights.
Article 3.-
Protection of copyright and related rights
1. Protection of copyright means
protection of the rights of authors to all types of literary, artistic and
scientific works specified in Article 738 of the Civil Code and Articles 18, 19
and 20 of the Intellectual Property Law.
2. Protection of related rights
means protection of the rights of performers to their performances; the rights
of producers of phonograms and video recordings to such phonograms and video
recordings; the rights of broadcasting organizations to their broadcasts and
encrypted program-carrying satellite signals specified in Articles 745, 746,
747 and 748 of the Civil Code and Articles 29, 30 and 31 of the Intellectual
Property Law.
Article 4.-
Interpretation of terms
In this Decree, the terms below
shall be construed as follows:
1. Posthumous works means those
first published after their authors’ death.
2. Anonymous works means those
published without indicating their authors’ names (real names or pseudonyms)
thereon.
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4. Copies of works means
directly or indirectly reproduced versions of the entire or part of works.
Photocopies of works are also regarded as copies.
5. Fixation means the expression
in written languages, other characters, lines, three-dimensional figures,
layouts, colors, sounds, images or the reproduction of sounds or images in
whatever material form from which a work can be perceived, reproduced or
otherwise communicated.
6. Phonograms and video
recordings means fixations of sounds and images of performances or other sounds
and images or the reproduction of sounds and images not in fixed forms as part
of cinematographic works or other audiovisual works.
7. Copies of phonograms and
video recordings means directly or indirectly reproduced versions of the entire
or part of fixed phonograms and video recordings.
8. Publication of fixed
performances or phonograms and video recordings means the public presentation
of copies of such fixed performances or phonograms and video recordings with
the consent of related rights holders.
9. Retransmission means the
simultaneous transmission by one broadcasting organization of a broadcast from
another such organization. Relay is also regarded as retransmission.
10. Encrypted program-carrying
satellite signals means program-carrying signals transmitted by satellites in
whatever forms in which audio or visual features or both have been changed so
as to prevent the illegal receipt of such programs.
Article 5.-
The State’s policies on copyright and related rights
The State’s policies on
copyright and related rights provided for in Clauses 2, 3 and 4, Article 8 of
the Intellectual Property Law include:
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The Culture and Information
Ministry shall assume the prime responsibility for, and coordinate with the Finance
Ministry, the Planning and Investment Ministry and concerned agencies in,
guiding the elaboration of financial plans (creation of sources and setting up
of funds) and formulating mechanisms for copyright purchase.
The Culture and Information
Ministry shall approve the lists of works eligible for supports for copyright
purchase by central agencies or organizations, while provincial People’s
Committees shall approve the lists of works eligible for supports for copyright
purchase by local agencies or organizations.
2. To prioritize investment in
training and retraining of cadres, civil servants and state employees engaged
in the management and enforcement of copyright and related rights protection
from the central to local levels.
To concentrate on training and
retraining the contingent of cadres for performing the task of right
self-protection in the collective representation of copyright and related
rights.
3. To prioritize scientific
research subjects concerning law, mechanisms and policies on, and the
application of scientific-technical and technological solutions to, protection
of copyright and related rights.
4. To intensify the education of
knowledge on copyright and related rights in schools of all grades.
The Education and Training
Ministry shall assume the prime responsibility for, and coordinate with the
Culture and Information Ministry in, the inclusion of the copyright and related
rights in the university, college and professional secondary education
curricula.
Article 6.-
Contents of, and responsibilities for, state management of copyright and
related rights
1. The Government shall perform
the unified state management of copyright and related rights.
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a/ To formulate and direct the
implementation of strategies, laws, mechanisms and policies on protection of
copyright and related rights;
b/ To promulgate and organize
and guide the implementation of legal documents on copyright and related rights
according to the provisions of law;
c/ To take measures to protect
lawful interests of the State, organizations or individuals in the domain of
protection of copyright and related rights;
d/ To manage copyright to works
(including computer programs and compilations of data), related rights to
performances, phonograms, video recordings or broadcasts belonging to the State
according to the provisions of law;
e/ To provide for the supply,
cooperation, placement of orders and assurance of copyright to works and
related rights to performances, phonograms, video recordings or broadcasts;
f/ To build up and manage the
apparatus in charge of copyright and related rights; to organize the training
and retraining of personnel in charge of copyright and related rights;
g/ To manage activities of
organizations acting as collective agents of copyright and related rights;
h/ To grant, re-grant, renew or
revoke copyright registration certificates, related rights registration
certificates and other relevant procedures;
i/ To compile and manage the
national register of copyright and related rights;
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k/ To organize and direct the
education, propagation and dissemination of knowledge, law, mechanisms,
policies on copyright and related rights and the activities of supplying
information and making statistics on copyright and related rights;
l/ To organize and manage the
assessment of copyright and related rights;
m/ To conduct inspection,
examination and handling of violations of law on copyright and related rights;
to settle complaints and denunciations about copyright and related rights;
n/ To enter into international
cooperation on copyright and related rights.
3. The Culture and Information
Ministry shall be responsible before the Government for assuming the prime
responsibility for, and coordinating with ministries, ministerial-level
agencies, government-attached agencies, and provincial/municipal People’s
Committees (hereinafter referred to as provincial-level People’s Committees)
in, performing the state management of copyright and related rights.
The Copyright Office of Vietnam
is a body attached to the Culture and Information Ministry, assisting the
Culture and Information Minister in performing the function of state management
of copyright and related rights. The Culture and Information Minister shall
specify the functions, tasks and powers of the Copyright Office of Vietnam in
performing the state management of copyright and related rights.
The Culture and Information
Ministry shall coordinate with the Science and Technology Ministry in
formulating general guidelines, policies and law on protection of intellectual
property rights, synthesizing general information on intellectual property,
executing projects on international cooperation on intellectual property, and
performing other common tasks under the Government’s direction.
4. Ministries, ministerial-level
agencies, government-attached agencies and provincial-level People’s Committees
shall, within the ambit of their respective tasks and powers, have to
coordinate with the Culture and Information Ministry in performing the state
management of copyright and related rights.
Article 7.-
The state management competence of provincial-level People’s
Committees
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a/ To organize and guide the enforcement
of legal provisions on copyright and related rights in their respective
localities;
b/ To promulgate according to
their competence legal documents guiding and directing the enforcement of legal
provisions, regimes and policies on copyright and related rights in suitability
with local characteristices and conditions;
c/ To organize activities of
protecting copyright and related rights in their localities; to apply measures
to protect legitimate rights and interests of the State, organizations or individuals
in relation to copyright and related rights;
d/ To inspect, examine and
handle according to their competence complaints, denunciations and violations
of legal provisions on copyright and related rights in their localities;
e/ To guide and receive
applications for registration of copyright and related rights according to
their competence and the provisions of law;
f/ To coordinate with the
Culture and Information Ministry, concerned ministries, branches and
provincial-level People’s Committees in protecting copyright and related
rights.
2. Provincial/municipal Culture
and Information Services shall assist provincial People’s Committees in
performing the function of state management of copyright and related rights.
Presidents of provincial-level
People’s Committees shall specify functions, tasks and powers of
provincial/municipal Culture and Information Services, district-level and
commune-level People’s Committees in performing the state management of
copyright and related rights.
Chapter II
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Article 8.-
Authors
1. Authors means persons who
personally create part of or the entire literary, artistic or scientific works
and include:
a/ Vietnamese individuals who
have works covered by copyright protection;
b/ Foreign individuals who have
works created and expressed in whatever material forms in Vietnam;
c/ Foreign individuals who have
works first published in Vietnam;
d/ Foreign individuals who have
works protected in Vietnam
under international conventions on copyright to which Vietnam
is a contracting party.
2. Organizations and individuals
that render supports, give comments or supply documents to others to create
works shall not be recognized as authors.
Article 9.-
Works presented in other characters
Works presented in other
characters specified at Point a, Clause 1, Article 14 of the Intellectual
Property Law means works presented in signs or symbols instead of written
languages, i.e., Braille for the blind, shorthand signs and other similar
signs, which can be reproduced or copied in different forms by interested
parties.
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Lectures, addresses and other
sermons specified at Point b, Clause 1, Article 14 of the Intellectual Property
Law constitute a type of work presented in spoken languages and required to be
fixed in whatever material forms.
Article
11.- Press works
Press works specified at Point
c, Clause 1, Article 14 of the Intellectual Property Law shall take the
following forms: news articles, quick notes, news reports, interviews, features,
investigative stories, commentaries, editorials, special articles, memoirs or
other forms, which are published or transmitted on the print, audio, visual or
online media or other media.
Article
12.- Musical works
Musical works specified at Point
d, Clause 1, Article 14 of the Intellectual Property Law means works presented
in the form of musical notes in musical pieces or other musical characters,
with or without lyrics, regardless of whether they are performed or not.
Article
13.- Dramatic works
Dramatic works specified at
Point e, Clause 1, Article 14 of the Intellectual Property Law means works of
various performing arts, including drama (play, ballet, opera, pantomime),
circus, dance, puppetry and works of other theatrical genres.
Article
14.- Cinematographic works
Cinematographic works and works
created by a process analogous to cinematography specified at Point f, Clause
1, Article 14 of the Intellectual Property Law means works each consisting of a
sequence of images that, when viewed in rapid succession, gives the appearance
of movement, with or without soundtracks, fixed on a specific medium, able to
be distributed or communicated to the public by technical devices and
technologies, and including feature films, documentaries, scientific films,
cartoons and other similar genres.
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1. Plastic-art works specified
at Point g, Clause 1, Article 14 of the Intellectual Property Law means works
presented by lines, colors, three-dimensional figures or layouts, such as works
of fine-arts, graphic arts, sculpture, installation arts and similar forms of
presentation, which are available in unique copies. Particularly, a work of
graphic art may be presented in as many as 50 copies which are ordinally numbered
and bear the author’s signature.
2. Works of applied arts
specified at Point g, Clause 1, Article 14 of the Intellectual Property Law
means works presented by lines, colors, three-dimensional figures or layouts,
having useful features associated with useful objects, and being mass-produced
by hand or by machines, such as: logos; handicraft and fine-arts articles;
expressions on products or packages.
Article
16.- Photographic works
Photographic works specified at
Point h, Clause 1, Article 14 of the Intellectual Property Law means works
showing images of the objective world on photosensitive materials or other
media on which images are created or can be created by any technical methods
(chemical, electronic or other methods).
Still images taken from a
cinematographic work or a work created by a process analogous to cinematography
shall not be regarded as photographic work but part of that cinematographic
work.
Article
17.- Architectural works
Architectural works specified at
Point i, Clause 1, Article 14 of the Intellectual Property Law means design
drawings in any forms conveying creative ideas about houses, construction works
or spatial plans (construction plans), completely built or not. An
architectural work consists of design drawings of floor space, elevation,
cross-section and perspective, which convey creative ideas about a house, a
work or an architectural complex, spatial organization or landscape
architecture of an area, an urban center, system or functional quarter, or a
rural population area.
Models or relief plans of
houses, construction works or spatial plans shall be recognized as independent
architectural works.
Article
18.- Sketches, plans, maps and drawings
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Article
19.- Copyright to cinematographic works and dramatic works
1. A cinematographic or dramatic
work is created by a collective of authors. Persons who take part in the
creation of a cinematographic or dramatic work defined in Clause 1, Article 21
of the Intellectual Property Law shall enjoy the moral rights to their parts of
creative work according to the provisions of Clauses 1, 2 and 4, Article 19 of
the Intellectual Property Law.
Producers, directors and
screenwriters may agree on the exercise of the right to title their
cinematographic works provided for in Clause 1, Article 19 of the Intellectual
Property Law, and the right to modify screenplays of their cinematographic
works provided for in Clause 4, Article 19 of the Intellectual Property Law.
2. Organizations and individuals
that invest finance and material-technical facilities in the production of
cinematographic works or the staging of dramatic works defined in Clause 2,
Article 21 of the Intellectual Property Law shall be holders of the rights
provided for in Clause 3, Article 19, and Article 20 of the Intellectual
Property Law.
Organizations and individuals
that invest finance and material-technical facilities in the production of
cinematographic works or the staging of dramatic works may agree on the
exercise of the rights provided for in Clause 3, Article 19, and Article 20 of
the Intellectual Property Law and the performance of the obligations specified
in Clause 3, Article 21 of the Intellectual Property Law.
Article
20.- Use of folklore and folk art works
1. Folklore and folk art works
specified at Points a, b and c, Clause 1, Article 23 of the Intellectual
Property Law shall be protected regardless of their fixation.
2. The use of folklore and folk
art works specified in Clause 2, Article 23 of the Intellectual Property Law
means the research into, collection and introduction of true values of such
folklore and folk art works.
3. Users of folklore and folk
art works mentioned in Clause 2 of this Article must agree on the payment of
remuneration to keepers of such folklore and folk art works and shall enjoy
copyright to their researches, collections or introductions.
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Article
21.- Objects not covered by copyright protection
1. News of the day as mere items
of press information specified in Clause 1, Article 15 of the Intellectual
Property Law means daily news briefs which are merely of informatory nature and
contain no creative elements.
2. Administrative documents
specified in Clause 2, Article 15 of the Intellectual Property Law include
documents issued by state agencies, political organizations, socio-political
organizations, socio-political-professional organizations, social
organizations, socio-professional organizations, economic organizations,
people’s armed forces units and other organizations defined by law.
Article
22.- Moral rights
1. The right to title works
provided for in Clause 1, Article 19 of the Intellectual Property Law shall not
apply to works translated from one language into another.
2. The right to publish works or
authorize other persons to publish works provided for in Clause 3, Article 19
of the Intellectual Property Law means the right of the author or copyright
holder of a work or another individual or organization authorized by the author
or copyright holder to make a work available to the public in a sufficient
amount of copies to satisfy the reasonable demand of the public, depending on
the nature of the work.
Publication of a work does not
mean the performance of a dramatic, cinematographic or musical work; public
recitation of a literary work; broadcasting of a literary or artistic work; exhibition
of a plastic work; or construction of structures based on an architectural
work.
3. The right to protect the
integrity of works and to prevent other persons from modifying or mutilating
works provided for in Clause 4, Article 19 of the Intellectual Property Law
means the right of the author of a work to prevent other persons from modifying
or multilating his/her work without his/her consent.
4. Authors of computer programs
and investors in production of computer programs may agree on the titling and
development of such computer programs.
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1. The right to perform works
before the public provided for at Point b, Clause 1, Article 20 of the
Intellectual Property Law means the exclusive right of copyright holders or
their authorized persons to perform works either directly or through phonograms
or video recordings or with whatever technical devices accessible by the
public.
In this Clause, public
performance of works means performance of works anywhere except in the family.
2. The right to reproduce works
provided for at Point c, Clause 1, Article 20 of the Intellectual Property Law
means the exclusive right of copyright holders or their authorized persons to
make copies of works by whatever means or in whatever form, including permanent
or provisional backup of works in electronic form.
3. The right to distribute
original works or copies thereof provided for at Point d, Clause 1, Article 20
of the Intellectual Property Law means the exclusive right of copyright holders
or their authorized persons in whatever forms or with the assistance of
whatever technical devices accessible by the public to sell, lease or otherwise
assign their original works or copies thereof.
For plastic or photographic
works, the distribution of works also means the public display or exhibition
thereof.
4. The right to communicate
works to the public by wire or wireless means, electronic information networks
or any other technical means provided for at Point e, Clause 1, Article 20 of
the Intellectual Property Law means the exclusive right of copyright holders or
their authorized persons to make their works or copies thereof available to the
public, in such a way that members of the public may access such works from a
place and at a time they themselves select.
5. The right to lease original
cinematographic works and computer programs or copies thereof provided for at
Point f, Clause 1, Article 20 of the Intellectual Property Law means the
exclusive right of copyright holders or their authorized persons to lease their
works for use within a definite term.
The right to lease works shall
not apply to computer programs which do not themselves constitute principal
objects for lease, such as computer programs conducive to the normal operation
of means of transport as well as other machines and technical devices.
Article
24.- Reasonable recitation and importation of copies of works
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a/ The recited parts aim merely
to introduce, comment or clarify matters touched upon in his/her work;
b/ The number and essence of
parts recited from the work used for recitation are not prejudicial to the
copyright to such work and suitable to the nature and characteristics of the
type of work used for recitation.
2. Importation of copies of
another person’s work for personal use as provided for at Point j, Clause 1,
Article 25 of the Intellectual Property Law shall only apply to case of
importation of no more than one copy of a work.
3. The use of works in the cases
specified in Clause 1, Article 25 of the Intellectual Property Law shall not
apply to the reproduction of architectural or plastic works and computer
programs.
Article
25.- Reproduction of works
1. Duplication of works by their
authors provided for at Point a, Clause 1, Article 25 of the Intellectual
Property Law shall apply to the case of non-commercial scientific research or
teaching by individuals.
2. Reprographic reproduction of
works by libraries for archival and research purpose provided for at Point e,
Clause 1, Article 25 of the Intellectual Property Law means reproduction of no
more than one copy of a work. Libraries must not reproduce and distribute
copies of works, including digital copies, to the public.
Article
26.- Term of copyright protection
1. The term of protection of economic
rights and moral rights provided for in Clause 3, Article 19 of the
Intellectual Property Law for a posthumous work shall be fifty years as from
the date of its first publication.
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3. As from July 1, 2006 - the
effective date of the Intellectual Property Law, the term of protection of
photographic works and works of applied art shall be calculated according to
the provisions of Clause 2 of this Article.
Article
27.- Copyright holders
Copyright holders defined in
Article 36 of the Intellectual Property Law include:
1. Vietnamese organizations and
individuals;
2. Foreign organizations and
individuals that have works created and expressed in whatever material forms in
Vietnam;
3. Foreign organizations and
individuals that have works first published in Vietnam;
4. Foreign organizations and
individuals that have works protected in Vietnam
under international conventions on copyright to which Vietnam
is a contracting party.
Article
28.- Holders of copyright to anonymous works
1. Anonymous works specified at
Point a, Clause 1, Article 42 of the Intellectual Property Law shall be under
the state ownership.
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3. When the name of the real
owner of a work is identified, the ownership of the work shall belong to such
owner as from the date his/her name is identified.
Article
29.- Use of works under the state ownership
1. Except in the cases specified
in Clauses 2 and 3, Article 28 of this Decree, when using works under the state
ownership specified at Points a and b, Clause 1, Article 42 of the Intellectual
Property Law, organizations and individuals shall have to perform the following
obligations:
a/ Asking for the use permission;
b/ Paying royalty, remuneration
and other material benefits;
c/ Depositing a copy of the work
within thirty days as from the date of publication or distribution.
2. Organizations and individuals
shall perform the obligations specified in Clause 1 of this Article at the
Copyright Office of Vietnam.
3. The Copyright Office of Vietnam
shall be responsible for receiving copyright assigned in any form by
organizations and individuals defined at Point c, Clause 1, Article 42 of the
Intellectual Property Law according to the provisions of law.
The Culture and Information
Ministry and the Finance Ministry shall prescribe the financial management
regime applicable to amounts specified at Point b, Clause 1 of this
Article.
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1. Organizations and individuals
that use works belonging to the public, which are specified in Article 43 of
the Intellectual Property Law, must respect the moral rights provided for in
Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law.
Holders of copyright to works
belonging to the public shall not enjoy the right to publish such works,
provided for in Clause 3, Article 19, and the economic rights provided for in
Article 20 of the Intellectual Property Law.
2. When detecting acts of
infringing upon the moral rights provided for in Clauses 1, 2 and 4, Article 19
of the Intellectual Property Law to works for which the term of protection has
expired, state agencies, organizations and individuals that have related rights
and obligations may request persons committing acts of infringement to stop
such acts, make public apology or correction, and pay damages; may lodge
complaints or denunciations or request competent state agencies to handle such
acts. Depending on the nature and severity of violations, violating
organizations or individuals may be handled according to the provisions of
administrative, civil or penal law.
Socio-political-professional
organizations, socio-professional organizations, organizations acting as
collective representatives of copyright or related rights may request competent
state agencies to protect the moral rights to works of their members for which
the term of protection has expired.
Chapter III
RELATED RIGHTS
Article
31.- Rights of performers
1. Direct reproduction of
performances which have been fixed on phonograms or video recordings according
to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property
Law means the making of other copies from these phonograms or video recordings.
2. Indirect reproduction of
performances which have been fixed on phonograms or video recordings according
to the provisions of Point b, Clause 3, Article 29 of the Intellectual Property
Law means the making of other copies from sources other than these phonograms
or video recordings, such as websites, broadcasts, services of relevant post
and telecommunications networks and similar media.
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Article
32.- Use of related rights, requiring no permission and payment of
royalties and/or remunerations
Cases of use of related rights
not for commercial purposes shall not require permission and payment of
royalties and/or remunerations, including:
1. Duplication of works by
authors for scientific research purpose as specified at Point a, Clause 1,
Article 32 of the Intellectual Property Law.
2. Duplication of works by
authors for teaching purpose, except for performances, phonograms, video
recordings or broadcasts which have been published for teaching purpose as specified
at Point b, Clause 1, Article 32 of the Intellectual Property Law.
Article
33.- Reasonable recitation
Reasonable recitation for
informatory purpose specified at Point c, Clause 1, Article 32 of the
Intellectual Property Law means the use of quotations for merely informatory
purpose and must satisfy the following conditions:
1. Recited parts aim only to
introduce, comment or clarify some matters in the supplied information;
2. The number and essence of
parts recited from performances, phonograms, video recordings or broadcasts are
not prejudicial to the rights of performers, the rights of producers of
phonograms or video recordings, the rights of broadcasting organizations to
their performances, phonograms, video recordings or broadcasts used for recitation;
and are suitable to the nature and characteristics of performances, phonograms,
video recordings or broadcasts used for recitation.
Article
34.- Provisional copies
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Article
35.- Use of phonograms and video recordings
1. Direct use of phonograms or
video recordings already published for commercial purposes in making broadcasts
which are sponsored, advertised or charged in whatever form specified at Point
a, Clause 1, Article 33 of the Intellectual Property Law means the transmission
by broadcasting organizations of such phonograms or video recordings by wire or
wireless means, including the transmission by satellites or in digital
environment.
Indirect use of phonograms or
video recordings already published for commercial purposes in making broadcasts
which are sponsored, advertised or charged in whatever form specified at Point
a, Clause 1, Article 33 of the Intellectual Property Law means the relay or
retransmission of transmitted broadcasts; or putting of broadcasts in digital
environment on air.
2. Use of phonograms or video
recordings already published in business or commercial activities specified at
Point b, Clause 1, Article 33 of the Intellectual Property Law means the direct
or indirect use by organizations or individuals of published phonograms or
video recordings in restaurants, hotels, shops and department stores; in
establishments providing karaoke, post, telecommunications or ditigal
environment services; in tourist, aviation, mass transit activities and other
business and commercial activities.
3. When phonograms or video
recordings are used as specified in Article 33 of the Intellectual Property
Law, performers shall enjoy remunerations on the basis of agreements made with
producers or in the course of producing such phonograms or video recordings.
The proportional sharing of
royalties, remunerations and other material benefits shall be agreed upon by
rights holders or organizations acting as collective representatives of
copyright and related rights.
Organizations acting as
collective representatives of copyright and related rights may entrust one of
them to collect and distribute royalties, remunerations and other material
benefits. Entrusted organizations being collective representatives of copyright
and related rights shall enjoy a charge as agreed upon.
Article
36.- Owners of broadcasts
Owners of broadcasts specified
in Clause 3, Article 44 of the Intellectual Property Law means broadcasting
organizations which invest their finance and material-technical facilities in
broadcasting activities.
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Chapter IV
COPYRIGHT AND RELATED
RIGHTS REGISTRATION CERTIFICATES
Article
37.- Registration of copyright and related rights
1. Authors, copyright holders
and related rights holders specified in Article 50 of the Intellectual Property
Law may directly file applications for registration of copyright or related
rights with the Copyright Office of Vietnam and Culture or Information Services
of provinces or cities where they are based or reside, or authorize other
organizations or individuals to do so.
2. Foreign individuals and
organizations whose works, performances, phonograms, video recordings or
broadcasts are covered by copyright and related rights protection specified in
Clause 2, Article 13 and Article 17 of the Intellectual Property Law may
directly file applications for copyright and related rights registration with
the Copyright Office of Vietnam or Culture and Information Services of
provinces or cities where they are based or reside, or authorize copyright and
related rights consultancy or service organizations to do so.
Article
38.- Copies of works registered for copyright, copies of fixations of
performances, phonograms, video recordings or broadcasts registered for related
rights
1. The Copyright Office of Vietnam
is responsible for keeping one copy of a work registered for copyright or one
copy of a fixation of an object registered for related rights specified at
Point b, Clause 2, Article 50 of the Intellectual Property Law after granting a
copyright registration certificate or related rights registration certificate.
2. Copies of works registered
for copyright specified at Point b, Clause 2, Article 50 of the Intellectual
Property Law may be substituted by three-dimensional photos thereof, for works
with particular features, such as paintings, statues, monuments, bas reliefs or
murals attached to architectures; and oversized works.
Article
39.- Competence to grant copyright registration certificates and related
rights registration certificates
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a/ Authors, copyright holders
and related rights holders that wish to have their copyright registration
certificates or related rights registration certificates re-granted or renewed
shall file applications, clearing stating reasons for re-grant or renewal, and
dossiers according to the provisions of Article 50 of the Intellectual Property
Law;
b/ The Copyright Office of Vietnam
shall re-grant copyright registration certificates or related rights
registration certificates in case such copyright registration certificates or
related rights registration certificates are lost; renew copyright registration
certificates or related rights registration certificates which are torn or
damaged or of which copyright holders or related rights holders are changed;
c/ When the Copyright Office of
Vietnam determines that persons granted copyright registration certificates or
related rights registration certificates are not authors or copyright or
related rights holders or the registered works, performances, phonograms, video
recordings or broadcasts are not covered by copyright protection, it shall
revoke copyright registration certificates or related rights registration
certificates according to the provisions of law.
2. After receiving applications
for registration, re-grant or renewal of copyright registration certificates or
related rights registration certificates according to the provisions of law,
provincial/municipal Culture and Information Services shall forward them to the
Copyright Office of Vietnam for examination and handling according to its
competence.
Right after receiving results of
examination and handling of applications from the Copyright Office of Vietnam,
provincial/municipal Culture and Information Services shall have to forward
such results to application-filing organizations and individuals.
3. When carrying out procedures
related to copyright or related rights, organizations and individuals are
obliged to pay charges and fees to the Copyright Office of Vietnam according to
the provisions of law.
4. The Culture and Information
Ministry shall set forms of registration application, copyright registration
certificate and related rights registration certificate.
Article
40.- Validity of copyright registration certificates and related rights
registration certificates
Various kinds of copyright
certificates granted by the Copyright Protection Firm of Vietnam, the Copyright
Protection Agency of Vietnam or the Copyright Office of Vietnam prior to the
effective dates of the Civil Code and the Intellectual Property Law shall
continue to be valid.
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ORGANIZATIONS ACTING AS
COLLECTIVE REPRESENTATIVES OF COPYRIGHT AND RELATED RIGHTS, ORGANIZATIONS
PROVIDING COPYRIGHT AND RELATED RIGHTS CONSULTANCY OR SERVICES
Article
41.- Organizations acting as collective representatives of copyright or
related rights
1. Organizations acting as
collective representatives of copyright or related rights specified in Clause
1, Article 56 of the Intellectual Property Law must satisfy the following
conditions for their operation:
a/ They are authorized by
authors, copyright holders or related rights holders;
b/ They are authorized to
represent authors, copyright holders or related rights holders in managing a
specific right or group of rights;
c/ The collection and
distribution of royalties, remunerations and other material benefits generated
from the exercise of a right or a group of rights specified in their operation
charters.
2. When authors, copyright
holders or related rights holders have not yet authorized any organizations to
act as collective representatives of copyright or related rights, the Culture
and Information Ministry shall guide the division of royalties, remunerations
and other material benefits.
3. Where a work, phonogram,
video recording or broadcast is related to rights and benefits of many
organizations authorized to act as collective representatives of different
rights or groups of rights, the involved parties may agree to designate one of
them to negotiate on their behalf on the grant of use licenses, collect and
divide money, and report to the Culture and Information Ministry before doing
so.
4. Organizations acting as
collective representatives of copyright or related rights shall biannually,
annually or extraordinarily report and supply information on their activities
to the Copyright Office of Vietnam.
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1. Organizations providing
copyright and related rights consultancy or services shall be established
according to the provisions of Clause 1, Article 57 of the Intellectual
Property Law when their heads and individuals engaged in the provision of
copyright and related rights consultancy or services fully satisfy the
following conditions:
a/ Being Vietnamese citizens and
having full civil act capacity;
b/ Permanently residing in Vietnam;
c/ Possessing law university
degree.
2. They shall biannually,
annually or extraordinarily report and supply information on their copyright
and related rights consultancy or services to the Copyright Office of Vietnam.
Chapter VI
PROTECTION OF COPYRIGHT
AND RELATED RIGHTS
Article
43.- Right to self-protection
1. The application of
technological measures to prevent acts of infringing upon copyright and related
rights specified at Point a, Clause 1, Article 198 of the Intellectual Property
Law means the communication by right holders of right management information
attached to original works, phonograms, video recordings or broadcasts or
copies thereof; the disclosure of right management information to make them
available together with the public communication of works in order to identify
works, their authors and right holders, and to supply information on term of
protection, conditions for use of works as well as all data, codes or signs
used to express such information for the purpose of protection of copyright and
related rights. At the same time, right holders may apply technological
measures to protect right management information and prevent acts of making
access to works or illegally exercising their ownership right according to the
provisions of law.
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Article
44.- Right to initiate civil lawsuits on copyright or related rights
1. The following right holders
may initiate lawsuits at competent courts to protect their legitimate rights
and interests related to copyright or related rights:
a/ Authors;
b/ Copyright or related rights
holders;
c/ Lawful heirs of authors or
copyright or related rights holders;
d/ Individuals or organizations
assigned with rights of copyright or related rights holders;
e/ Individuals or organizations
using works under contracts;
f/ Performers;
g/ Producers of phonograms or
video recordings;
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i/ Organizations acting as
collective representatives of copyright or related rights, vested with power of
attorney;
j/ Other right holders specified
by law.
2. Involved state agencies and
organizations shall, within the ambit of their tasks and powers, have the right
to initiate civil lawsuits to request the court to protect the public interest
and the State’s interest in the domain of copyright and related rights.
Article
45.- Complaints and denunciations about the registration of copyright or
related rights
1. The following persons may
lodge complaints or denunciations:
a/ Authors, copyright holders,
related rights holders, their authorized organizations or individuals may
complain about the grant, re-grant, renewal or revocation of copyright
registration certificates or related rights registration certificates;
b/ Any third party may denounce
the grant of copyright registration certificates or related rights registration
certificates.
2. Procedures for lodging
complaints or denunciations are specified as follows:
a/ Persons complaining about the
registration of copyright or related rights must lodge complaints with the
Copyright Office of Vietnam, clearly stating the date of making complaints;
their names and addresses; names and addresses of complained agencies,
organizations or individuals; contents of and reasons for complaints, and their
requests. Complaints must bear signatures of complainants. Enclosed with
complaints must be such documents as copyright registration certificates,
related rights registration certificates, decisions on revocation of such
certificates or written refusals to grant, re-grant or renew such certificates,
and other relevant documents and proofs;
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3. Within a time limit set by
the Law on Complaints and Denunciations, the Copyright Office of Vietnam, the
Culture and Information Ministry or competent state agencies shall have to
reply in writing complainants or denouncers.
4. If complainants or denouncers
disagree with replies of the Copyright Office of Vietnam, the Culture and
Information Ministry or competent state agencies, they may further lodge their
complaints or denunciations with competent authorities according to the
provisions of law.
Chapter VII
IMPLEMENTATION PROVISIONS
Article
46.- Transitional duration
1. Copyright and related rights
which are protected under the provisions of the legal documents with effective
dates prior to the effective date of the Intellectual Property Law and still in
the term of protection on the effective date of the Intellectual Property Law
shall be further protected under the provisions of the Intellectual Property
Law.
2. Applications for registration
of copyright or related rights, already filed with competent agencies before
the effective date of the Intellectual Property Law, shall be handled according
to the provisions of legal documents in force at the time of filing.
3. All acts infringing upon copyright
or related rights or breaching contracts committed before the effective date of
the Intellectual Property Law shall be handled according to the provisions of
law which are in force at the time of commission.
Article
47.- Effect
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Article
48.- Implementation responsibilities
1. Ministers, heads of
ministerial-level agencies and government-attached agencies, presidents of
People’s Committees of provinces or centrally run cities, agencies,
organizations and individuals that have related rights and obligations shall
have to implement this Decree.
2. The Culture and Information
Minister shall have to guide and organize the implementation of this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung