Directive No. 04/2007/CT-TTg on Strengthening the Protection of Copyright for Computer Programs

DIRECTIVE

Regarding the strengthening of copyright protection for

computer programs

In recent years, activities related to copyright and related rights protection have made significant progress. The State has issued many legal normative documents on copyright and related rights. Vietnam's legal provisions have been developed and perfected based on practical management and operational activities concerning copyright, incorporating international standards to meet the requirements for effective protection and international integration. With regard to intellectual property protection, Vietnam has signed many bilateral and multilateral international treaties related to copyright and related rights. Accordingly, the Vietnamese State has the obligation to protect copyright and related rights, including copyright for computer programs of organizations and individuals from member countries within Vietnam, while computer programs of Vietnamese organizations and individuals are also protected in member countries of these international treaties.

In recent times, there have been many self-protection activities of enterprises investing in designing computer programs, with enhanced inspection, supervision, and handling activities, but the results have not been high. The situation of using unauthorized computer programs still occurs widely, infringing upon the rights and interests of organizations and individuals both domestically and internationally, affecting creative activities, economic-cultural-social development of the country, and the process of integrating into the global economy.

To ensure strict compliance with Vietnamese legal regulations and international commitments regarding the protection of computer programs, the Prime Minister requests:

1. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities to direct and take specific measures to protect copyright for computer programs; budget annually for purchasing legitimate copyrights for computer programs for subordinate units; develop plans to gradually address unauthorized computer programs at agencies, units, sectors, and localities under their jurisdictional management.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities shall be responsible for implementing copyright protection for computer programs at agencies and units under their management in accordance with the law.

2. The Ministry of Finance, the Ministry of Planning and Investment to allocate state budget estimates and guide ministries, sectors, and localities in building budget estimates for legally purchasing computer program copyrights according to the State Budget Law.

The Ministry of Finance directs the General Department of Customs to strictly handle organizations and individuals exporting and importing computer programs that violate copyright according to the law.

3. The Ministry of Culture, Sports and Tourism shall be responsible for:

a) Building and submitting to competent authorities for issuance or issuing within its authority to complete legal normative documents on copyright for computer programs.

b) Guiding and inspecting the implementation of Vietnamese laws and international commitments on computer program protection; providing technical support for transactions involving computer program copyrights; providing information about goods violating copyright for computer programs.

c) Directing the publication of books and specialized magazines on copyright and related rights, including computer programs, to inform, publicize, and educate to raise public awareness and understanding.

4. The Ministry of Industry and Trade shall be responsible for directing inspection, supervision, and handling of organizations and individuals whose goods circulating in the market violate copyright for computer programs according to Vietnamese laws and international commitments.

5. The Ministry of Public Security shall be responsible for directing efforts to combat violations of copyright law for computer programs; preventing violations in production, business, export, import, storage, circulation of goods and services related to copyright for computer programs.

6. The Ministry of National Defense shall direct border guard forces to control and handle all acts of storing and transporting goods that violate copyright for computer programs according to the law.

7. The Ministry of Foreign Affairs shall direct and guide Vietnamese diplomatic missions abroad to collect information on copyright protection for computer programs to support and advise Vietnamese organizations and individuals in transactions related to copyright for computer programs; assist Vietnamese organizations and individuals in protecting their legitimate rights and interests regarding copyright for computer programs exploited and used abroad.

8. The Ministry of Justice shall lead and coordinate with relevant ministries and sectors to review and propose amendments and supplements to legal normative documents on copyright for computer programs to be submitted to competent state authorities for issuance to timely and effectively protect the rights and interests of organizations and individuals.

9. The Ministry of Posts and Telecommunications shall clearly define the rights and obligations of organizations and individuals participating in applying and developing information technology to comply with intellectual property laws; cooperate with the Ministry of Culture, Sports and Tourism in activities related to copyright protection for computer programs.

10. Central and local radio and television stations and other press agencies shall strengthen publicity, dissemination, and education on the law; open special columns introducing laws, organize contests to understand copyright for computer programs.

The Ministry of Culture, Sports and Tourism shall be responsible for monitoring and urging the implementation of this Directive, reporting periodically to the Prime Minister on the progress, results, and difficulties encountered during the implementation, and recommending solutions to address them./.