Decree No. 100/2006/NĐ-CP provides detailed regulations and guidance on implementing certain provisions of the Civil Code and the Intellectual Property Law regarding copyright and related rights.

DECREE

Regulations detailing and guiding the implementation of certain provisions of the Civil Code and the Intellectual Property Law regarding copyright and related rights.

Regulations detailing and guiding the implementation of certain provisions of the Civil Code and the Intellectual Property Law concerning copyright and related rights.

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Civil Code dated June 14, 2005;

Based on the Intellectual Property Law dated November 29, 2005;

Considering the proposal of the Minister of Culture, Sports and Tourism;

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details and guides the implementation of certain provisions of the Civil Code and the Intellectual Property Law concerning copyright and related rights.

Article 2. Applicability

This Decree applies to organizations and individuals in Vietnam; organizations and foreign individuals engaged in activities related to copyright and related rights.

Article 3. Protection of Copyright and Related Rights

1. Protection of copyright means protecting the rights of authors over 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 protecting the rights of performers over performances; the rights of phonogram and videogram producers over phonograms and videograms; the rights of broadcasting organizations over broadcast programs and encrypted satellite signals carrying programs as stipulated in Articles 745, 746, 747, and 748 of the Civil Code and Articles 29, 30, and 31 of the Intellectual Property Law.

Article 4. Definitions

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

1. A posthumous work is a work published for the first time after the author's death.

2. An anonymous work is a work that does not bear the name of the author (real name or pen name) when it is published.

3. The original of a work is the material copy on which the creation of the work was first shaped.

4. A copy of a work is a direct or indirect reproduction of part or all of the work. A photograph of a work is also a copy of the work.

5. Shaping means expressing through writing, other symbols, lines, shapes, layout, colors, sounds, images, or reproducing sounds and images in a material form from which they can be recognized, copied, or transmitted.

6. A phonogram or videogram is a shaping of sounds and images of a performance or other sounds and images, or the shaping of a reproduction of sounds and images not in the form of a shaping attached to a cinematographic work or other audiovisual work.

7. A copy of a phonogram or videogram is a direct or indirect reproduction of part or all of the phonogram or videogram.

8. Publicizing a shaped performance or phonogram, videogram means making copies of the shaped performance or phonogram, videogram available to the public with the consent of the owner of the related rights.

9. Simulcasting is the act of one broadcasting organization simultaneously broadcasting a program of another broadcasting organization. Relay broadcasting is also simulcasting.

10. Encrypted satellite signal carrying a program is a signal transmitting a program via satellite in a form where sound characteristics or image characteristics or both have been altered to prevent unauthorized reception of the program.

Article 5. State Policy on Copyright and Related Rights

The State policy on copyright and related rights as stipulated in Clause 2, 3, and 4 of Article 8 of the Intellectual Property Law includes:

1. Financial support for purchasing copyrights for state agencies and organizations tasked with disseminating works, performances, phonograms, videograms, and broadcast programs of ideological, scientific, and artistic value serving public interest, contributing to economic and social development.

The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Finance, the Ministry of Planning and Investment, and relevant agencies to guide the preparation of financial plans (sources, funds) and mechanisms for purchasing copyrights.

The Ministry of Culture, Sports and Tourism shall approve the list of works eligible for financial support for purchasing copyrights for central agencies and organizations; the People's Committee of each province shall approve the list of works eligible for financial support for purchasing copyrights for local agencies and organizations.

2. Prioritize investment in training and capacity building for officials, civil servants, and employees involved in managing and enforcing copyright and related rights from central to local levels.

Focus on training and capacity building for staff responsible for self-protection of rights in collective representation activities for copyright and related rights.

3. Prioritize research topics related to laws, mechanisms, policies, and application of scientific and technological measures for the protection of copyright and related rights.

4. Strengthen education on knowledge of copyright and related rights in school systems at all levels.

The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism to incorporate teaching content on copyright and related rights into university, college, and vocational high school curricula.

Article 6. Content and State Management Responsibilities for Copyright and Related Rights

1. The Government shall uniformly manage state affairs concerning copyright and related rights.

2. The Ministry of Culture and Information shall be responsible before the Government for managing the State's affairs concerning copyright and related rights, with the following tasks and powers:

a) Developing and directing the implementation of strategies, laws, mechanisms, and policies to protect copyright and related rights;

b) Issuing, organizing, and guiding the implementation of legal documents on copyright and related rights as prescribed by law;

c) Implementing measures to protect the legitimate rights of the State, organizations, and individuals in the field of protecting copyright and related rights;

d) Managing copyright for works (including computer programs and databases), and related rights for performances, sound recordings, audiovisual recordings, and broadcasting programs that belong to the State as prescribed by law;

đ) Specifying provisions on the provision, cooperation, commissioning, and ensuring copyright for works, and related rights for performances, sound recordings, audiovisual recordings, and broadcasting programs;

e) Building and managing the administrative apparatus for copyright and related rights; organizing training and capacity building for officials on copyright and related rights;

g) Managing the activities of collective organizations representing copyright and related rights;

h) Issuing, reissuing, changing, and revoking Certificates of Copyright Registration and Certificates of Related Rights Registration, and other procedures related to these certificates;

i) Establishing and managing the National Register of Copyright and Related Rights;

k) Publishing and distributing the Official Gazette on copyright and related rights;

l) Organizing and directing educational, propaganda, dissemination activities regarding knowledge, laws, mechanisms, and policies on copyright and related rights, as well as information and statistical activities on copyright and related rights;

m) Organizing and managing appraisal activities concerning copyright and related rights;

n) Inspecting, supervising, handling violations of laws on copyright and related rights; resolving complaints and denunciations concerning copyright and related rights;

o) Implementing international cooperation on copyright and related rights.

3. The Ministry of Culture and Information shall be responsible before the Government for leading and coordinating with Ministries, agencies at the level of ministries, government agencies, People's Committees of provinces and centrally-administered cities (hereinafter referred to as provincial-level People's Committees) in managing the State's affairs concerning copyright and related rights.

The Copyright Agency for Literature and Arts is an agency under the Ministry of Culture and Information assisting the Minister of Culture and Information in performing the function of managing the State's affairs concerning copyright and related rights. The Minister of Culture and Information shall specify in detail the functions, tasks, and powers of the Copyright Agency for Literature and Arts in implementing the management of the State's affairs concerning copyright and related rights.

The Ministry of Culture and Information shall coordinate with the Ministry of Science and Technology in formulating general policies, laws, and mechanisms for protecting intellectual property rights, compiling general information on intellectual property, implementing joint international cooperation projects on intellectual property, and carrying out other common tasks as directed by the Government.

4. Ministries, agencies at the level of ministries, government agencies, and provincial-level People's Committees within their respective duties and powers shall have the responsibility to coordinate with the Ministry of Culture and Information in managing the State's affairs concerning copyright and related rights.

Article 7. State Management Authority of the Provincial People's Committee

1. The Provincial People's Committee has the following tasks and powers:

a) Organizing and guiding the implementation of legal provisions on copyright and related rights at the local level;

b) Issuing legal documents within its authority to guide and direct the implementation of legal regulations and policies on copyright and related rights that are suitable for the characteristics and circumstances of the locality;

c) Organizing activities to protect copyright and related rights at the local level; Implementing measures to protect the lawful rights and interests of the state, organizations, and individuals regarding copyright and related rights;

d) Inspecting, supervising, and handling complaints, accusations, and violations of legal regulations on copyright and related rights at the local level according to its authority;

đ) Guiding and accepting applications for registration of copyright and related rights according to its authority and legal provisions;

e) Cooperating with the Ministry of Culture, Sports and Tourism, other ministries, sectors, and relevant provincial people's committees in activities to protect copyright and related rights.

2. The Department of Culture, Sports and Tourism assists the Provincial People's Committee in performing state management functions concerning copyright and related rights.

The Chairman of the Provincial People's Committee specifies in detail the functions, tasks, and powers of the Department of Culture, Sports and Tourism, the District People's Committees, and Commune People's Committees in implementing state management over copyright and related rights.

Chapter II

COPYRIGHT

Article 8. Author

1. An author is a person who directly creates a part or all of a literary, artistic, or scientific work including:

a) A Vietnamese individual whose work is protected under copyright;

b) A foreign individual whose work is created and expressed in a tangible form in Vietnam;

c) A foreign individual whose work is published for the first time in Vietnam;

d) A foreign individual whose work is protected in Vietnam pursuant to international treaties on copyright to which Vietnam is a party.

2. Organizations or individuals who assist, provide comments, or supply materials to enable others to create a work shall not be recognized as authors.

Article 9. Works Expressed in Other Characters

Works expressed in other characters as stipulated in point a, Clause 1, Article 14 of the Intellectual Property Law are works expressed through symbols representing written characters such as Braille for visually impaired persons, shorthand symbols, and similar symbols that can be reproduced in various forms by the recipients.

Article 10. Lectures, Speeches, and Other Oral Works

Lectures, speeches, and other oral works as stipulated in point b, Clause 1, Article 14 of the Intellectual Property Law are types of works expressed in spoken language and must be fixed in a tangible form.

Article 11. Press Works

Press works as stipulated in point c, Clause 1, Article 14 of the Intellectual Property Law include categories such as reports, quick notes, live coverage, interviews, reflections, investigations, commentaries, editorials, analytical articles, journalistic essays, and other press categories intended for publication in print, radio, television, online media, or other means.

Article 12. Musical Works

Musical works as stipulated in point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in musical notation or other musical symbols, with or without lyrics, irrespective of whether they are performed or not.

Article 13. Stage Works

Stage works as defined in point d, Clause 1, Article 14 of the Intellectual Property Law are works belonging to performing arts genres, including drama (spoken drama, musical dance drama, opera, mime drama), circus, dance, puppetry, and other types of stage works.

Article 14. Cinematographic Works

Cinematographic works and works created by similar methods as defined in point e, Clause 1, Article 14 of the Intellectual Property Law are works composed of a series of consecutive images creating a motion effect, with or without sound, recorded on a specific medium and capable of being distributed or communicated to the public through technical equipment and technology, including feature films, documentary films, scientific films, animated films, and similar types.

Article 15. Artistic and Applied Art Works

1. Artistic works as defined in point g, Clause 1, Article 14 of the Intellectual Property Law are works expressed through lines, colors, shapes, composition such as painting, graphic art, sculpture, installation art, and similar forms of expression, existing as unique pieces. For graphic art, it may be expressed up to the 50th version, numbered and signed by the author.

2. Applied art works as defined in point g, Clause 1, Article 14 of the Intellectual Property Law are works expressed through lines, colors, shapes, composition with utilitarian functions attached to useful objects, produced in series by hand or machine such as emblems, handicrafts, expressions on products, product packaging.

Article 16. Photographic Works

Photographic works as defined in point h, Clause 1, Article 14 of the Intellectual Property Law are works expressing images of the objective world on light-sensitive materials or media where images can be created or potentially created by any technical method (chemical, electronic, or other methods).

Static images extracted from cinematographic works or similar works are not considered photographic works but are part of those cinematographic works.

Article 17. Architectural Works

Architectural works as defined in point i, Clause 1, Article 14 of the Intellectual Property Law are design drawings in any form expressing creative ideas about houses, construction projects, spatial planning (construction planning) that have been or have yet to be constructed. Architectural works include floor plans, elevation drawings, section drawings, perspectives, expressing creative ideas about houses, buildings, building complexes, spatial organization, landscape architecture of a region, city, urban system, functional urban area, rural residential area.

Models, scale models of houses, construction projects, or spatial planning are considered independent architectural works.

Article 18. Illustrations, Diagrams, Maps, Drawings

Illustrations, diagrams, maps, drawings as defined in point k, Clause 1, Article 14 of the Intellectual Property Law include illustrations, diagrams, maps, drawings related to terrain, various types of scientific and architectural structures.

Article 19. Copyright for Cinematographic Works and Stage Works

1. Cinematographic and stage works created by a collective of authors. Individuals participating in the creation of cinematographic and stage works as defined in Clause 1, Article 21 of the Intellectual Property Law enjoy moral rights over their own creative parts according to Clauses 1, 2, and 4, Article 19 of the Intellectual Property Law.

Producers, directors, scriptwriters may agree on the exercise of the right to name cinematographic works as defined in Clause 1, Article 19 of the Intellectual Property Law and the right to modify the script of cinematographic works as defined in Clause 4, Article 19 of the Intellectual Property Law.

2. Organizations and individuals investing financial resources and material-technical bases to produce cinematographic works and stage works as defined in Clause 2, Article 21 of the Intellectual Property Law are the owners of the rights defined in Clause 3, Article 19 and Article 20 of the Intellectual Property Law.

Organizations and individuals investing financial resources and material-technical bases to produce cinematographic works and stage works may agree on the exercise of the rights defined in Clause 3, Article 19, Article 20 of the Intellectual Property Law and the obligations defined in Clause 3, Article 21 of the Intellectual Property Law.

Article 20. Use of Folk Literary and Artistic Works

1. Folk literary and artistic works specified in points a, b, and c of Clause 1, Article 23 of the Intellectual Property Law are protected regardless of their form.

2. The use of folk literary and artistic works specified in Clause 2, Article 23 of the Intellectual Property Law refers to the research, collection, and introduction of the true value of such works.

3. A person using folk literary and artistic works as specified in Clause 2 of this Article must agree on remuneration for the person preserving the folk literary and artistic works and enjoy authorship rights over their own research, collection, and introduction.

4. Citing the origin of the type of folk literary and artistic work specified in Clause 2, Article 23 of the Intellectual Property Law means indicating the name of the community where the folk literary and artistic work originated.

Article 21. Objects Not Within the Scope of Author's Rights Protection

1. Pure news information as stipulated in Clause 1, Article 15 of the Intellectual Property Law includes short daily press information that only serves to report without creative elements.

2. Administrative documents as stipulated in Clause 2, Article 15 of the Intellectual Property Law include documents from state agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, economic organizations, people's armed forces units, and other organizations as prescribed by law.

Article 22. Personal Rights

1. The right to name a work as stipulated in Clause 1, Article 19 of the Intellectual Property Law does not apply to works translated from one language to another.

2. The right to publish a work or permit others to publish a work as stipulated in Clause 3, Article 19 of the Intellectual Property Law involves distributing the work to the public with a sufficient number of copies to meet reasonable public demand, depending on the nature of the work, carried out by the author or the owner of the copyright, or by individuals or organizations with the author's or owner's consent.

Publishing a work does not include performing a theatrical, film, or musical work; reading a literary work before the public; broadcasting literary and artistic works; exhibiting visual art works; or constructing buildings based on architectural works.

3. The right to protect the integrity of a work, preventing others from altering or excerpting it as stipulated in Clause 4, Article 19 of the Intellectual Property Law involves not allowing others to alter or excerpt the work unless there is an agreement with the author.

4. The author of computer programs and investors in the production of computer programs may agree on naming and developing computer programs.

Article 23. Property Rights

1. The right to perform a work publicly as stipulated in point b, Clause 1, Article 20 of the Intellectual Property Law is exclusively exercised by the copyright owner or granted to others to perform the work directly or through audio, video recordings, or any technical means accessible to the public.

In this clause, performing a work publicly includes performing the work at any place except in private homes.

2. The right to reproduce as stipulated in point c, Clause 1, Article 20 of the Intellectual Property Law is the exclusive right of the copyright owner to create copies of the work by any means or form, including the temporary or permanent storage of the work in electronic form.

3. The right to distribute original or copied works as stipulated in point d, Clause 1, Article 20 of the Intellectual Property Law is the exclusive right of the copyright owner to sell, lease, or transfer original or copied works to the public by any means or technical methods accessible to the public.

For visual art works and photographic works, the distribution right also includes displaying or exhibiting them to the public.

4. The right to communicate a work to the public via wired, wireless, internet, or any other technical means as stipulated in point đ, Clause 1, Article 20 of the Intellectual Property Law is the exclusive right of the copyright owner or granted to others to make the work or its copy accessible to the public at locations and times chosen by the public.

5. The right to lease original or copied works of cinematographic works and computer programs as stipulated in point e, Clause 1, Article 20 of the Intellectual Property Law is exclusively exercised by the copyright owner or granted to others to lease for limited use.

The leasing right does not apply to computer programs when the program itself is not primarily intended for leasing, such as those integrated into the normal operation of transportation vehicles and other technical equipment.

Article 24. Fair Use and Importation of Copies of Works

1. The fair use of a work without distorting the author's intent for commentary or illustration in one's own work as stipulated in point b, Clause 1, Article 25 of the Intellectual Property Law must comply with the following conditions:

a) The portion quoted serves only to introduce, comment on, or clarify issues mentioned in one's own work;

b) The quantity and nature of the portion quoted from the work used for quotation do not harm the author's rights over the work being quoted; it is appropriate to the characteristics and nature of the type of work being quoted.

2. The importation of copies of another person's work for personal use as stipulated in point k, Clause 1, Article 25 of the Intellectual Property Law applies only to the importation of no more than one copy.

3. The use of works in cases prescribed in Clause 1, Article 25 of the Intellectual Property Law does not apply to the reproduction of architectural works, visual art works, and computer programs.

Article 25. Reproduction of Works

1. Self-reproduction of one copy as stipulated in point a, Clause 1, Article 25 of the Intellectual Property Law applies to individual cases of scientific research and teaching that are not for commercial purposes.

2. Reproduction of a work for storage in a library for research purposes as stipulated in point đ, Clause 1, Article 25 of the Intellectual Property Law involves reproducing no more than one copy. The library may not reproduce and distribute copies of the work to the public, including digital copies.

Article 26. Term of Protection of Copyright

1. The term of protection of economic rights and moral rights as stipulated in Clause 3, Article 19 of the Intellectual Property Law for posthumous works is fifty years, counted from the first publication of the work.

2. The term of protection of economic rights and moral rights as stipulated in Clause 3, Article 19 of the Intellectual Property Law for photographic works and applied art works as stipulated in point a, Clause 2, Article 27 of the Intellectual Property Law is fifty years, counted from the first publication of the work. Within the fifty-year period, if the work has not been published, the term of protection is fifty years, counted from when the work was created.

3. From the date the Intellectual Property Law took effect on July 1, 2006, the term of protection for photographic works and applied art works shall be calculated according to the provisions of Clause 2 of this Article.

Article 27. Owners of Copyright

The owners of copyright as stipulated in Article 36 of the Intellectual Property Law include:

1. Vietnamese organizations and individuals;

2. Foreign organizations and individuals whose works were created and expressed in material form in Vietnam;

3. Foreign organizations and individuals whose works were first published in Vietnam;

4. Foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright to which Vietnam is a party.

Article 28. Owners of Copyright for Anonymous Works

1. Anonymous works as stipulated in point a, Clause 1, Article 42 of the Intellectual Property Law belong to the State.

2. In cases where anonymous works are managed by organizations or individuals, those organizations or individuals enjoy the rights of the owner.

3. When the true identity of the owner of the work is identified, ownership rights revert to that owner from the date the identity is established.

Article 29. Use of Works Owned by the State

1. Organizations and individuals using works owned by the State as specified in points a and b, Clause 1, Article 42 of the Intellectual Property Law, except for cases stipulated in Clauses 2 and 3 of Article 28 of this Decree, shall perform the following obligations:

a) Apply for permission to use;

b) Pay remuneration, royalties, and other material benefits;

c) Submit a copy of the work within thirty days from the date of its publication or circulation.

2. Organizations and individuals shall fulfill the obligations prescribed in Clause 1 of this Article at the Copyright Office for Literature and Arts.

3. The Copyright Office for Literature and Arts shall be responsible for receiving the transfer of copyright under any form from organizations and individuals as specified in point c, Clause 1, Article 42 of the Intellectual Property Law in accordance with the provisions of the law.

The Ministry of Culture, Sports and Tourism and the Ministry of Finance shall prescribe financial management regulations as stipulated in point b, Clause 1 of this Article.

Article 30. Use of Works Belonging to the Public

1. Organizations and individuals using works belonging to the public as specified in Article 43 of the Intellectual Property Law must respect the personal rights as provided in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law.

The owner of the copyright for works belonging to the public shall not enjoy the right to publish as provided in Clause 3 of Article 19 and the property rights as provided in Article 20 of the Intellectual Property Law.

2. State agencies, organizations, and individuals having related rights and obligations, upon discovering acts infringing on the personal rights as provided in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law concerning works that have ended their protection period, have the right to request the person committing the infringement to cease the infringing act, apologize, make a public correction, and compensate for damages; they also have the right to lodge complaints, report, and request competent state authorities to handle the matter. Depending on the nature and degree of infringement, organizations and individuals committing the infringement may be subject to administrative, civil, or criminal legal proceedings.

Political-social-professional organizations, social-professional organizations, and organizations representing collective copyrights and related rights have the right to request competent state authorities to protect personal rights for works of members that have ended their protection period.

Chapter III

RELATED RIGHTS

Article 31. Rights of Performers

1. Direct reproduction of a performance fixed in an audio or video recording as specified in point b, Clause 3, Article 29 of the Intellectual Property Law means creating other copies from the original audio or video recording.

2. Indirect reproduction of a performance fixed in an audio or video recording as specified in point b, Clause 3, Article 29 of the Intellectual Property Law means creating other copies not from the original audio or video recording, such as reproducing from an electronic information network, broadcasting program, telecommunications service, and similar forms.

3. Transmitting in another way to the public a performance not yet fixed as specified in point c, Clause 3, Article 29 of the Intellectual Property Law means disseminating the performance not yet fixed to the public through any technical means other than broadcasting.

Article 32. Use of Related Rights Without Permission and Payment of Remuneration

In cases where the use of related rights is not for commercial purposes, permission is not required and remuneration does not need to be paid, including:

1. Self-copying one copy for personal scientific research purposes as stipulated in point a, Clause 1, Article 32 of the Intellectual Property Law.

2. Self-copying one copy for teaching purposes, except when the performance, sound recording, audiovisual recording, or broadcast program has been published for teaching purposes as stipulated in point b, Clause 1, Article 32 of the Intellectual Property Law.

Article 33. Fair Use

Reasonable quotation for the purpose of providing information as stipulated in point c, Clause 1, Article 32 of the Intellectual Property Law is the use of excerpts solely for the purpose of reporting news, which must comply with the following conditions:

1. The excerpted portion is only for the purpose of introducing, commenting on, or clarifying issues in the provision of information;

2. The quantity and nature of the excerpt from the performance, sound recording, audiovisual recording, or broadcast program do not harm the performer's rights, the producer's rights of sound recordings and audiovisual recordings, or the broadcasting organization's rights over the performance, sound recording, audiovisual recording, or broadcast program used for quotation; it must be appropriate to the nature and characteristics of the performance, sound recording, audiovisual recording, or broadcast program used for quotation.

Article 34. Temporary Copy

A temporary copy of a broadcasting organization enjoying broadcasting rights as stipulated in point d, Clause 1, Article 32 of the Intellectual Property Law is a fixed copy with a limited duration, made by the broadcasting organization using its own equipment, for the purpose of serving the immediate subsequent broadcast by the same broadcasting organization. In special cases, such copies may be stored in the official archive center.

Article 35. Use of Sound Recordings and Audiovisual Recordings

1. Direct use of published sound recordings and audiovisual recordings for commercial purposes to implement sponsored, advertised, or revenue-generating broadcasts as stipulated in point a, Clause 1, Article 33 of the Intellectual Property Law means that the broadcasting organization uses these sound recordings and audiovisual recordings themselves for broadcasting via wireless or wired means, including satellite transmission and digital environments.

Indirect use of published sound recordings and audiovisual recordings for commercial purposes to implement sponsored, advertised, or revenue-generating broadcasts as stipulated in point a, Clause 1, Article 33 of the Intellectual Property Law means rebroadcasting or retransmitting programs that have already been broadcast; transferring programs in a digital environment onto airwaves.

2. Use of published sound recordings and audiovisual recordings in business and commercial activities as stipulated in point b, Clause 1, Article 33 of the Intellectual Property Law means that organizations or individuals directly or indirectly use published sound recordings and audiovisual recordings at restaurants, hotels, shops, supermarkets; karaoke service establishments, postal and telecommunications services, digital environments; in tourism, aviation, public transportation, and other business and commercial activities.

3. The entitlement to remuneration of performers in cases where sound recordings and audiovisual recordings are used as stipulated in Article 33 of the Intellectual Property Law depends on the agreement between the performer and the producer of the sound recording or audiovisual recording when implementing the recording program.

The ratio of distribution of remuneration and other material benefits among right holders or collective management organizations of copyright and related rights shall be agreed upon.

Collective management organizations of copyright and related rights may entrust another collective management organization of copyright and related rights to carry out the collection and distribution of remuneration and other material benefits. The entrusted collective management organization of copyright and related rights shall receive a certain fee according to the agreement.

Article 36. Owner of Broadcasting Programs

The owner of broadcasting programs as stipulated in Clause 3, Article 44 of the Intellectual Property Law is an organization that broadcasts and invests its own financial resources and material-technical infrastructure to broadcast.

When using works, sound recordings, audiovisual recordings to produce broadcasting programs, the broadcasting organization must fulfill obligations towards the copyright owner and related rights owner as prescribed by law.

Chapter IV

CERTIFICATE OF REGISTRATION FOR COPYRIGHT AND RELATED RIGHTS

Article 37. Registration for Copyright and Related Rights

1. Authors, copyright owners, and related rights owners as provided for in Article 50 of the Intellectual Property Law may directly or authorize another individual or organization to submit an application for registration of copyright and related rights to the Copyright Agency of Literature and Art or may submit the application at the Department of Culture and Information where the author, copyright owner, or related rights owner resides or has a registered office.

2. Foreign individuals and legal entities with works, performance programs, sound recordings, audiovisual recordings, broadcasting programs protected under copyright and related rights as stipulated in Clause 2, Article 13 and Article 17 of the Intellectual Property Law may directly or authorize a consultancy or service organization for copyright and related rights to submit an application for registration of copyright and related rights to the Copyright Agency of Literature and Art or at the Department of Culture and Information where the author, copyright owner, or related rights owner resides or has a registered office.

Article 38. Copies of Works Registered for Copyright, Copies of Fixed Performances, Sound Recordings, Audiovisual Recordings, and Broadcasting Programs Registered for Related Rights

1. The Copyright Agency of Literature and Art shall be responsible for retaining a copy of the work registered for copyright and a copy of the fixed object registered for related rights as provided for in Point b, Clause 2, Article 50 of the Intellectual Property Law, after issuing the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights.

2. A copy of the work registered for copyright as provided for in Point b, Clause 2, Article 50 of the Intellectual Property Law may be replaced by a three-dimensional photograph for works with specific characteristics such as paintings, sculptures, monuments, reliefs, large-scale paintings attached to architectural structures; works with excessively large sizes or cumbersome dimensions.

Article 39. Authority to Issue Certificates of Registration for Copyright and Related Rights

1. The Copyright Agency of Literature and Art has the authority to issue, reissue, replace, and revoke the effect of the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights as provided for in Clauses 1 and 2, Article 51 of the Intellectual Property Law.

a) If the author, copyright owner, or related rights owner requests to reissue or replace the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights, they must submit an application stating the reasons and the documents as prescribed in Article 50 of the Intellectual Property Law;

b) The Copyright Agency of Literature and Art will reissue the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights in cases where the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights are lost; it will replace the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights in cases of damage, deterioration, or change in the copyright owner or related rights owner;

c) The Copyright Agency of Literature and Art will revoke the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights in cases where it is determined that the person who was issued the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights is not the author or owner, and in cases where the registered works, performances, sound recordings, audiovisual recordings, and broadcasting programs do not fall within the scope of protection as prescribed by law.

2. The Department of Culture and Information, upon receiving applications for registration, reissuance, and replacement of the Certificate of Registration for Copyright and the Certificate of Registration for Related Rights as prescribed by law, shall transfer them to the Copyright Agency of Literature and Art for examination and resolution according to its authority.

The Department of Culture and Information shall be responsible for transferring the results of the examination and resolution by the Copyright Agency of Literature and Art to the submitting organizations or individuals immediately after receipt.

3. Organizations and individuals have the obligation to pay fees and charges when conducting procedures related to copyright and related rights to the Copyright Agency of Literature and Art as prescribed by law.

4. The Ministry of Culture and Information shall promulgate models of application forms for registration, the Certificate of Registration for Copyright, and the Certificate of Registration for Related Rights.

Article 40. Effectiveness of the Copyright Registration Certificate, Related Rights Registration Certificate

The types of Copyright Registration Certificates issued by the Vietnam Copyright Protection Agency, the Vietnam Copyright Protection Authority, the Copyright Office, and the Literary and Artistic Copyright Office before the Civil Code and the Intellectual Property Law come into effect shall continue to maintain their effectiveness.

Chapter V

ORGANIZATIONS REPRESENTING COLLECTIVE RIGHTS, ADVISORY AND SERVICE ORGANIZATIONS FOR COPYRIGHTS AND RELATED RIGHTS
RIGHTS OF AUTHORS, RELATED RIGHTS

Article 41. Organizations Representing Collective Copyrights and Related Rights

1. Organizations representing collective copyrights and related rights as stipulated in Clause 1 of Article 56 of the Intellectual Property Law must comply with the following conditions when operating:

a) The organization representing collective copyrights and related rights must be authorized by the author, copyright owner, or related rights owner;

b) The organization representing collective copyrights and related rights, upon authorization, represents the author, copyright owner, or related rights owner for the management of a specific right or group of rights;

c) The collection, distribution of royalties, remuneration, and other material benefits arising from the exploitation of the rights or groups of rights specified in the operational charter of the organization representing collective copyrights and related rights;

2. The Ministry of Culture and Information shall guide the division of royalties, remuneration, and other material benefits for cases where the authors, copyright owners, or related rights owners have not yet authorized the organizations representing collective copyrights and related rights;

3. In cases where a work, sound recording, film, or broadcast program is related to the rights and interests of multiple authorized representative organizations for different rights or groups of rights, the parties may agree that one organization will negotiate licensing, collect, and distribute funds, and report to the Ministry of Culture and Information before implementation;

4. Organizations representing collective copyrights and related rights must implement a reporting and information system to the Literary and Artistic Copyright Office every six months, annually, or at any time regarding their activities.

Article 42. Advisory and Service Organizations for Copyrights and Related Rights

1. Advisory and service organizations for copyrights and related rights established according to Clause 1 of Article 57 of the Intellectual Property Law must meet the following conditions when the head of the organization and individuals engaged in advisory and service activities for copyrights and related rights:

a) Be a Vietnamese citizen with full civil capacity;

b) Reside permanently in Vietnam;

c) Hold a bachelor's degree in law;

2. Implement a reporting and information system to the Literary and Artistic Copyright Office every six months, annually, or at any time regarding advisory and service activities for copyrights and related rights.

Chapter VI

PROTECTION OF COPYRIGHTS AND RELATED RIGHTS

Article 43. Self-Protection Rights

1. Applying technological measures to prevent acts infringing copyrights and related rights as provided in Point a, Clause 1, Article 198 of the Intellectual Property Law involves the rights holders embedding management information with the original or copy of the work, sound recording, film, or broadcast program; displaying management information simultaneously with the public transmission of the work to identify the work, its author, the rights holder, information about the term and conditions of use of the work, and all data or codes expressing such information to protect copyrights and related rights. At the same time, rights holders can apply technological measures to protect management information and prevent unauthorized access to works and illegal exploitation of their property rights as prescribed by law.

2. Rights holders may apply other measures as provided in Clause 1, Article 198 of the Intellectual Property Law to protect their legitimate rights and interests.

Article 44. Civil Suit Rights Regarding Copyright and Related Rights

1. The following subjects of rights have the right to initiate civil suits before competent courts to protect their legitimate interests related to copyright and related rights:

a) Authors;

b) Owners of copyright and related rights;

c) Legal heirs of authors or owners of copyright and related rights;

d) Individuals or organizations that have been assigned the rights of owners of copyright and related rights;

đ) Individuals or organizations using works under contracts;

e) Performers;

g) Producers of sound recordings and audiovisual recordings;

h) Broadcasting organizations;

i) Collective management organizations for copyright and related rights authorized by the rights holders;

k) Other subjects of rights as prescribed by law.

2. State agencies and organizations within the scope of their tasks and powers have the right to initiate civil cases to request the court to protect public interests and the state's interests in the field of copyright and related rights.

Article 45. Complaints and Reports Related to Copyright and Related Rights Registration

1. The following persons have the right to submit complaints and reports:

a) Authors, owners of copyright, owners of related rights, organizations or individuals authorized to complain about the issuance, reissuance, amendment, or revocation of the Certificate of Copyright Registration or the Certificate of Related Rights Registration;

b) Any third party has the right to report on the issuance of the Certificate of Copyright Registration or the Certificate of Related Rights Registration.

2. The procedures for complaints and reports are as follows:

a) A person complaining about copyright and related rights registration must submit a complaint letter to the Copyright Agency of Literature and Art. The letter must clearly state the date of complaint; the name and address of the complainant; the name and address of the agency, organization, or individual being complained against; the content, reasons for the complaint, and the complainant's requests. The complaint letter must be signed by the complainant. Attached to the complaint letter are relevant documents such as the Certificate of Copyright Registration, the Certificate of Related Rights Registration, decisions revoking validity, refusal letters for issuance, reissuance, or amendment of the Certificate of Copyright Registration or the Certificate of Related Rights Registration, and other relevant evidence;

b) A person reporting must submit a report letter to the competent state agency. The letter must clearly state the date of the report; the name and address of the reporter; the name and address of the agency, organization, or individual being reported against; the content, reasons for the report, and the reporter's requests. The report letter must be signed by the reporter. Attached to the report letter are relevant documents and evidence.

3. Within the time limit prescribed by the Law on Complaints and Reports, the Copyright Agency of Literature and Art, the Ministry of Culture and Information, or the competent state agency must respond in writing to the complainant or reporter.

4. In case of disagreement with the response from the Copyright Agency of Literature and Art, the Ministry of Culture and Information, or the competent state agency, the complainant or reporter has the right to appeal or report to a higher authority according to the provisions of the law.

Chapter VII

IMPLEMENTING PROVISIONS

Article 46. Transition Period

1. Copyright and related rights protected under the provisions of legal documents in effect before the effective date of the Intellectual Property Law, if still within the protection period on the effective date of the Intellectual Property Law, shall continue to be protected according to the provisions of the Intellectual Property Law.

2. Copyright and related rights registration applications submitted to the competent authority before the effective date of the Intellectual Property Law shall continue to be processed according to the provisions of the legal documents in effect at the time of application submission.

3. Any acts infringing upon copyright and related rights or violating implementation contracts occurring before the effective date of the Intellectual Property Law shall be handled according to the provisions of the current laws in effect at the time of the infringement.

Article 47. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette. This Decree replaces Government Decree No. 76/CP dated November 29, 1996 guiding the implementation of certain provisions on copyright in the Civil Code.

Article 48. Responsibility for Implementation

1. Ministers, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government, agencies, organizations, and individuals with related rights and obligations are responsible for implementing this Decree.

2. The Minister of Culture and Information is responsible for guiding the implementation and organizing the enforcement of this Decree./.