Joint Circular No. 07/2012/TTLT-BTTTT-BVHTTDL stipulates the responsibilities of intermediary service providers in protecting copyright and related rights on the Internet and telecommunications networks.

JOINT CIRCULAR

Regulations on the responsibilities of intermediary service providers in protecting copyright and related rights on the Internet and telecommunications networks

copyright and related rights on the Internet environment and telecommunications networks

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Based on the Intellectual Property Law 2005; the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2009;

Pursuant to the Law on Telecommunications 2009;

Pursuant to the Law on Information Technology 2006;

Based on Decree No. 105/2006/NĐ-CP dated September 22, 2006 detailing and guiding the implementation of certain provisions of the Intellectual Property Law regarding the protection of intellectual property rights and state management of intellectual property; Decree No. 119/2010/NĐ-CP dated December 30, 2010 amending and supplementing certain provisions of Decree No. 105/2006/NĐ-CP;

Based on Decree No. 100/2006/NĐ-CP dated September 21, 2006 detailing and guiding the implementation of certain provisions of the Civil Code and the Intellectual Property Law regarding copyright and related rights; Decree No. 85/2011/NĐ-CP dated September 20, 2011 amending and supplementing certain provisions of Decree No. 100/2006/NĐ-CP;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Based on Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications; Decree No. 50/2011/NĐ-CP dated June 24, 2011 of the Government amending Decree No. 187/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

Article 1. Other types of artistic performances

Based on Directive No. 36/2008/CT-TTg dated December 31, 2008 of the Prime Minister on strengthening management and enforcement of the protection of copyright and related rights;

The Minister of Information and Communications and the Minister of Culture, Sports and Tourism issue this Circular stipulating the responsibilities of intermediary service providers in protecting copyright and related rights on the Internet and telecommunications networks.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the responsibilities of intermediary service providers in protecting copyright and related rights on the Internet and telecommunications networks in Vietnam.

Article 2. Applicability

This Circular applies to intermediary service providers, copyright owners, related rights owners, and organizations representing collective copyright and related rights.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Intermediary services include: telecommunications services, Internet services, online social networking services, digital information search services, digital information storage rental services including website hosting services.

2. Intermediary service providers include:

a) Internet service providers;

b) Telecommunications enterprises;

c) Digital information storage rental service providers including website hosting services;

d) Online social networking service providers;

e) Digital information search service providers.

3. Digital information content includes works, performances, sound recordings, audiovisual recordings, broadcast programs that have been digitized and processed, stored, exchanged, transmitted, and provided on the Internet and telecommunications networks.

Chapter II RIGHTS AND OBLIGATIONS OF ENTERPRISES PROVIDING INTERMEDIARY SERVICES

Article 4. Rights of enterprises providing intermediary services

1\. Establishing systems for monitoring, supervising, and processing information uploaded, stored, and transmitted on the Internet and telecommunications networks to prevent acts infringing copyright and related rights.

2\. Unilaterally refusing to provide services contrary to the provisions of laws on copyright and related rights.

Article 5. Obligations of enterprises providing intermediary services

1\. Storing digital content information within their service systems only has a transitional, temporary, automatic, and limited nature sufficient to meet technical requirements for transmitting digital content information.

2\. Complying with inspection and supervision work conducted by competent state management agencies according to the provisions on copyright and related rights.

3\. Removing and deleting digital content information violating copyright and related rights, cutting off and suspending Internet and telecommunications transmissions upon receiving written requests from the Inspectorate of the Ministry of Information and Communications or the Inspectorate of the Ministry of Culture, Sports and Tourism or other competent state agencies as prescribed by law.

4\. Providing customer information leasing storage space for digital content information, web pages, and customers using other intermediary services at the request of the Inspectorate of the Ministry of Information and Communications or the Inspectorate of the Ministry of Culture, Sports and Tourism or other competent state agencies.

5\. Directly bearing responsibility for compensating damages resulting from infringements of copyright and related rights according to the provisions of laws on intellectual property and other relevant laws in the following cases:

a\. Being the initial source of uploading, transmitting, or providing digital content information through telecommunications networks and the Internet without permission from the right holder;

b\. Modifying, excerpting, or reproducing digital content information in any form without permission from the right holder;

c\. Intentionally deleting or rendering ineffective technical measures implemented by the right holder to protect copyright and related rights;

d\. Operating as a secondary distribution source of digital content information due to violations of copyright and related rights.

6\. In addition to implementing the provisions stipulated in Clauses 1, 2, 3, 4, and 5 of this Article, enterprises providing online social networking services must also perform the following responsibilities:

a\. Requiring users to commit to fulfilling responsibilities to ensure lawful use of digital content information uploaded for publication on Internet and telecommunications networks;

b\. Warning about civil liability for compensation, the possibility of administrative penalties, and criminal prosecution against individuals using online social networks who engage in acts infringing copyright and related rights.

Chapter III

IMPLEMENTATION

Article 6. Cooperation in Handling Violations

The Inspectorate of the Ministry of Information and Communications shall cooperate with the Inspectorate of the Ministry of Culture, Sports and Tourism in handling acts infringing copyright and related rights on Internet and telecommunications environments.

Article 7. Effectiveness of the Circular

This Circular takes effect from August 6, 2012.

Article 8. Responsibility for Implementation

The Director of the Office, the Head of the Science and Technology Department, the Inspector General of the Inspectorate of the Ministry of Information and Communications; the Director of the Office, the Director of the Copyright Agency, the Inspector General of the Inspectorate of the Ministry of Culture, Sports and Tourism; Heads of agencies and units under the Ministry of Information and Communications and the Ministry of Culture, Sports and Tourism; Directors of Provincial Departments of Information and Communications, Directors of Provincial Departments of Culture, Sports and Tourism of centrally governed cities and provinces, and relevant organizations and individuals are responsible for enforcing this Circular.