Joint Circular No. 1314-TTLB/XD-VH stipulates the copyright of architectural works

CIRCULAR

OF THE JOINT MINISTRY OF CONSTRUCTION - MINISTRY OF CULTURE, INFORMATION, SPORTS AND TOURISM DECREE NO. 1314/TTLB-XD-VH ON JULY 23, 1991 REGULATING
ON THE COPYRIGHT OF ARCHITECTURAL WORKS

Pursuant to Clause 2, Article 2 of the Government Decree No. 142/HĐBT dated November 14, 1986 on copyright, the Joint Ministry of Construction - Ministry of Culture, Information, Sports and Tourism hereby issues this Circular regulating the copyright of architectural works as follows:

I. ARCHITECTURAL WORKS

1. An architectural work is understood as an artistic creation in the field of construction, including:

- Design documents: urban planning master plans (or functional area planning) and rural settlement plans; preliminary design at the economic and technical feasibility study stage (or economic and technical report), and technical design; typical designs of projects; competition proposals for planning or projects.

- Completed buildings and houses.

2. According to the form of creative organization, architectural products are classified as follows:

- Architectural works made upon commission: works created based on a contract between the commissioner (an individual or a legal entity) and the author to create a specific work.

- Architectural works created in design competitions (open or commissioned).

II. AUTHOR

1. The author of an architectural work is the person who creates it.

2. The author of an architectural work may be:

a) One person: the direct creator of the work.

b) Multiple persons:

- Co-authors are two or more people who collaborate directly in creating the work, where the contribution of each cannot be separated from the others, and if standing alone they would not constitute independent creations forming a work.

Those with solutions in technical fields that are decisive in shaping the architectural work or have utility inventions (the concepts of invention and utility model are explained in Article 4 of the Law on Protection of Industrial Property issued by the State Council on January 28, 1989) are also considered co-authors of the architectural work.

- Collective authors are a group of authors of individual components of a composite project. The author of a composite project is the person who decides the purpose of the work, selects, combines, and arranges the contributions of the authors of individual components.

A collective author is also a group of authors who have created the work through various periods of its existence and development.

III. SUBJECT MATTER OF COPYRIGHT

1. Copyright applies to all architectural works listed in Section I (1), including:

a) Architectural works of authors with Vietnamese citizenship or residing permanently in Vietnam, whether published or unpublished.

b) Architectural works first published in Vietnam regardless of the nationality or place of residence of the authors of such works.

c) Architectural works of foreign nationals will be protected under copyright in Vietnam based on agreements signed by those countries and Vietnam or consistent with international treaties to which Vietnam is a party.

2. However, architectural works carried out within the country fall under the scope of copyright protection according to current laws on basic construction of the Socialist Republic of Vietnam.

IV. COPYRIGHT

The copyright of an architectural work is affirmed and protected throughout the process from creation to construction and use. The copyright of an architectural work includes:

1- Right to publish and name the work.

a) The author has the right to publish the architectural work he or she has created himself or herself or allow others to publish it in the following forms:

- Competition entries or design drawings.

- On mass media such as radio, television...

- In publications: newspapers, magazines, books, films, documentary tapes presented at seminars.

- Exhibited at exhibitions.

- Registered with the copyright protection agency of the architectural work.

Publishing an architectural work abroad by a Vietnamese author must comply with the regulations of the Socialist Republic of Vietnam.

b) The content of the architectural work to be published must meet the following requirements:

- Design documents: main drawings reflecting the intent and architectural solution (floor plan, elevation, section, context...).

- Completed construction projects (with additional photographs).

c) An architectural work is considered published when:

- Submitted for competition and accepted.

- Registered with a design organization with legal status and approved by the authority.

Registered with the copyright protection agency of the architectural work.

- Presented at exhibitions or in specialized architectural publications.

- The construction project is completed.

d) Naming the work.

- In any form of publication as specified above, the author has the right to record his or her name (birth name or pen name) as the author.

- Mass media organizations should include the author's name when introducing an architectural work.

- For completed construction projects, the installation of plaques shall be carried out according to the form, content, and location specified by the Ministry of Construction in separate documents.

2. Right to protect the work.

a) The author has the right to protect his or her work during design review, construction, and use of the project.

b) The author has priority in designing subsequent stages after the competition proposal, economic and technical feasibility study (or economic and technical report) has been approved.

c) During the construction process, the author has the right to supervise the work according to current regulations. Any modifications to the approved design drawings must be approved by the author, the project owner, and the approving authority. In cases where modifications are not accepted, a committee consisting of representatives from the project owner, the relevant state management agency (Ministry, Department of Construction), the construction unit, and the author shall examine and decide.

d) The author is a member of the representative design organization in the acceptance committees at various levels.

e) During the process of use, the owner of the work wishing to change the form, the combination factors of the facade, spatial organization, and the main load-bearing structure must consult with the author or with the construction management authority having jurisdiction in cases where the author cannot be contacted (the author is far away or has died).

3. Material benefits.

- The authors of architectural works made on commission shall enjoy design fees and bonuses according to the current state regulations, or according to the agreement with the commissioner.

- The distribution of design fees and bonuses for authors who are members of the design organization shall be regulated under the general state management.

- The author shall enjoy material benefits according to the current regulations when promoting, introducing, advertising, or reusing their own work.

4. Protection of copyright.

- Copyrights are protected by law, and all authors are equally protected before the law.

- Any violations and disputes regarding copyrights shall be resolved by the decision of the copyright protection agency for architectural works with the participation of the State Design and Construction Appraisal Bureau, specialized management authorities having jurisdiction, or courts pursuant to Article 6 of Decree No. 142-HĐBT.

V. COPYRIGHT HOLDER OF THE WORK

1. For architectural works created by authors within the framework of employment contracts (recruitment), the copyright shall belong to the author (the recruited person), or to the recruiting entity, or to both the recruiter and the recruited person, depending on the agreement in the contract.

2. For works made on commission.

- The commissioner (project sponsor, payer) is the owner of the work.

- The copyright belongs to the author or the organization that recruited the author, according to the agreement of the commissioner.

3. For architectural works created in design competitions.

- The determination of the copyright holder is based on the agreement between the competition organizer and the participating author as stipulated in the competition rules.

VI. PERIOD OF COPYRIGHT ENJOYMENT

The period of enjoyment of copyright for architectural works shall be implemented according to Article 5 of Decree No. 142/HĐBT.

VII. IMPLEMENTATION PROVISIONS

1. The copyright protection agency for architectural works: the protection of Vietnamese copyright falls under the Ministry of Culture, Sports and Tourism, supported by the State Design and Construction Appraisal Bureau.

2. The organization and procedures for registering copyright protection for architectural works will be guided by the copyright protection agency for architectural works in the subsequent Circular.

During the implementation of the Council of Ministers' Decree on copyright and this Circular, agencies, organizations, and individuals encountering issues should report them to the Ministry of Construction or the Ministry of Culture, Sports and Tourism for timely correction, supplementation, and guidance.

This Circular takes effect from the date of issuance.