Decree No. 21/2015/NĐ-CP on royalties and remuneration for film, fine art, photography, stage works, and other performing arts works.

DECREE

Regulations on royalties and remuneration for film works, fine arts, photography, stage performances, and other forms of performing arts

Issuing regulations on royalties and remuneration for film works, fine arts, photography, stage performances, and other forms of performing arts

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

Pursuant to the Civil Code dated June 14, 2005;

Pursuant to the Intellectual Property Law dated November 29, 2005 and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law dated June 19, 2009;

At the proposal of the Minister of Culture, Sports and Tourism,

The Government issues this Decree stipulating regulations on royalties and remuneration for film works, fine arts, photography, stage performances, and other forms of performing arts.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates regulations on royalties and remuneration for the creation, exploitation, and use of film works, fine arts, photography, stage performances, and other forms of performing arts as prescribed by the Intellectual Property Law.

Article 2. Applicability

This Decree applies to organizations and individuals creating, exploiting, and using works with funding from the state budget, or organizations and individuals exploiting and using works where the copyright owner is the State.

Article 3. Explanation of Terms

1. Royalty is the amount of money paid by an organization or individual exploiting and using a work (hereinafter referred to as the work user) to the author or copyright owner when the work is exploited and used.

2. Encouragement royalty is the additional amount of money paid by the work user to the author or copyright owner to encourage the creation of works belonging to specific topics and special cases as prescribed in this Decree.

3. Remuneration is the amount of money paid by the work user to those who perform tasks related to the creation of the work.

Article 4. Principles for paying royalties and remuneration

1. Royalties and remunerations are paid based on agreements between the work user and the author or copyright owner. In cases where works are commissioned or tendered by the State, royalties and remunerations are paid according to the commissioning or tendering contracts.

2. The level of royalties and remunerations is determined based on the type, quality, quantity, form of exploitation and use, and economic and social benefits of the work.

3. The distribution of royalties and remunerations among co-authors or co-copyright owners is based on their agreement or degree of contribution to the creation of the work.

4. Encouragement royalties are paid to authors or copyright owners for works intended for children, ethnic minorities; Vietnamese authors directly creating works in foreign languages, ethnic Kinh people directly creating works in ethnic minority languages, ethnic minority people directly creating works in other ethnic minority languages, or creating works under difficult and dangerous conditions, and other special cases.

5. When an original work is used to create derivative works, the author or copyright owner of the original work receives a portion of the total royalties when the derivative work is exploited and used.

6. Organizations and individuals using funds from the state budget prepare budgets, settle accounts, and finalize payments for royalties and remunerations within the scope of the state budget funds and other legitimate revenues from public service activities, revenues from allowing the use of state-owned works assigned to management units, sponsorships from organizations and individuals, and other lawful sources as prescribed by law.

Chapter II
ROYALTIES AND REMUNERATION FOR FILM WORKS

Article 5. Remuneration for film works

Remuneration for film works (feature films, documentary films, scientific films, newsreels, animated films), regardless of recording material, shall be based on genre and quality, and paid to creators of film works according to the following percentages of approved production costs:

1. Feature films

2. Documentary films, scientific films

3. Newsreels

4. Animated films

Article 6. Other provisions regarding remuneration for film works

1. In cases where a literary work, stage play, or other similar work is adapted into a film script, the adapter screenwriter shall receive between 60% and 70% of the remuneration for screenwriters of the same genre as stipulated in Article 5 of this Decree, with the remainder being paid to the author or copyright owner of the adapted work.

2. Authors of film works intended for children or ethnic minorities shall receive additional incentive remuneration of 5% to 10% of the remuneration for works of the same genre.

4. In cases where the production cost of a film is high due to special requirements for equipment, materials, or large expenses incurred when filming abroad, the maximum remuneration shall not exceed twice the remuneration for films with average production costs approved by the competent authority.

Chapter III
REMUNERATION FOR WORKS OF FINE ART AND PHOTOGRAPHY

Article 7. Remuneration for fine art works

1. The party using the sample work shall agree with the author or copyright owner on the remuneration percentage of the work's cost price, which shall not exceed the levels prescribed as follows:

a) For works with a cost price up to 10,000 million VND

b) For works with a cost price exceeding 10,000 million VND, the remuneration shall be calculated based on the remuneration for a work with a cost price of 10,000 million VND plus 1% of the portion of the cost price exceeding 10,000 million VND.

2. In cases where the author only sketches a model without completing it as a sample work, the sketching author shall receive between 50% and 70% of the remuneration prescribed in Clause 1 of this Article, with the remainder being paid to others who use the sketch to complete the sample work.

3. Authors of derivative fine art works as provided by law shall receive between 40% and 55% of the remuneration prescribed in Clause 1 of this Article, with the remainder being paid to the author or copyright owner of the original work.

Article 8. Royalties for visual art and photography works used for display and exhibition

1. The party using visual art and photography works for display and exhibition shall pay royalties to the author or copyright owner as follows:

Unit of measurement: Base salary

2. In cases where visual art and photography works are used for display and exhibition in charitable activities, festivals, exchanges, or other non-commercial activities, the amount of royalties shall be agreed upon between the user and the author or copyright owner.

Chapter IV
ROYALTIES AND FEES FOR STAGE WORKS AND OTHER PERFORMING ART FORMS

OTHER FORMS OF PERFORMING ARTS

Article 9. Forms of payment for royalties and fees for stage works and other performing art forms

The party using stage works and other performing art forms shall agree with the author or copyright owner to pay royalties and fees according to the royalty and fee framework or as a percentage (%) of the revenue from the performance.

Article 10. Royalties and fees according to the royalty and fee framework

1. Royalties and fees for stage works belonging to the types of tuong cheo, cải lương, spoken drama, poetic drama, folk drama, mime drama, physical theater, and puppetry, based on scale and quality, shall be paid to the following creative positions as follows:

Unit of measurement: Base salary

2. Royalties and fees for comprehensive artistic programs based on scale and quality shall be paid to the following creative positions as follows:

a) For indoor performing arts programs

Unit of measurement: Base salary

b) For outdoor performing arts programs, parade, art procession, festival (Carnival, Festival)

Unit of measurement: Base salary

c) For stadium performing arts programs

Unit of measurement: Base salary

3. Royalties and fees for dance works based on scale and quality shall be paid to the following creative positions as follows:

a) Small group dance works

Unit of measurement: Base salary

b) Dance works with plot and storyline; small dance poetry (works for four performers or more)

Unit of measurement: Base salary

c) Part of dance in dance suite

Unit of measurement: Base salary

d) Part of dance in dance poetry

Unit of measurement: Base salary

e) Part of dance created for dance in circus, puppetry, spoken drama, musical drama, dance accompaniment for songs, instrumental pieces, films, scenes...

Unit of measurement: Base salary

Suite-symphony, symphony cycle

Unit of measurement: Base salary

Concerto for one, two, or three solo instruments with orchestra in multiple movements

Multi-movement symphony

Unit of measurement: Base salary

Short piece

Unit of measurement: Base salary

Romance (art song with accompaniment)

Unit of measurement: Base salary

Multi-movement accompanied chorus

Unit of measurement: Base salary

Designer (including maket, scenery, stage, costumes, props)

Unit of measurement: Base salary

Article 11. Royalties and Fees Based on Revenue from Performances

Royalties and fees calculated as a percentage (%) of revenue from performances shall be paid to creative positions for works as follows:

1. For theatrical works such as tuong, cheo, cai luong, spoken drama, poetic drama, folk drama, mime, physical theatre, and puppetry, artistic programs:

a) Screenwriter receives from 4.20% to 6.00% of revenue;

b) Director receives from 3.50% to 5.00% of revenue;

c) Choreographer receives from 0.86% to 1.25% of revenue;

d) Composer (including composition, orchestration, editing) receives from 1.40% to 2.00% of revenue;

đ) Stage conductor receives from 0.70% to 1.00% of revenue;

e) Visual artist (including stage design, costumes, props) receives from 2.10% to 3.00% of revenue;

g) Lighting designer receives from 0.70% to 1.00% of revenue;

h) Sound designer receives from 0.35% to 0.50% of revenue;

i) Authors of new puppet designs, puppetry techniques, and creative puppet figures shall receive according to the agreed ratio in the contract.

2. For dance performance works within the categories and scales specified in Clause 3, Article 10 of this Decree:

a) Choreographer receives from 4.00% to 6.00% of revenue;

b) Screenwriter (including literary script and scene script, staging) receives from 1.00% to 1.50% of revenue;

c) Composer (including composition, orchestration, editing) receives from 4.00% to 6.00% of revenue;

d) Visual artist (including stage design, costumes, props) receives from 1.00% to 2.00% of revenue.

3. For musical performance works within the categories and scales specified in Clause 4, Article 10 of this Decree:

a) Author of musical work receives from 4.00% to 6.00% of revenue;

b) Arranger for vocal accompaniment with full score for chamber orchestra, national orchestra, or piano accompaniment receives from 1.22% to 1.80% of revenue;

c) Arranger for adaptation of music for chamber orchestra, symphony orchestra, national ensemble, or other forms of orchestra performance receives from 1.40% to 2.10% of revenue;

d) Conductor for symphonic and choral works, symphonic works for operatic, ballet, oratorio, and large-scale choral works receives from 0.80% to 1.20% of revenue.

4. For circus performance works:

Unit: % Performance Revenue

Article 12. Other Provisions Regarding Royalties and Fees for Theatrical Works and Other Types of Performing Arts

1. In cases where a musical work includes both music and lyrics, the composer receives 70% and the lyricist receives 30% of the royalty for that musical work.

2. In cases where a literary work is adapted into a theatrical script, the adapter screenwriter receives from 50% to 70% of the screenwriter's royalty for works of the same genre and scale as stipulated in Article 10 of this Decree, the remainder being paid to the author or copyright owner of the work used for adaptation.

3. In cases where a theatrical script is adapted from one type of theatrical form to another, the adapter screenwriter receives from 30% to 40% of the screenwriter's royalty for works of the same genre and scale as stipulated in Article 10 of this Decree, the remainder being paid to the author or copyright owner of the work used for adaptation.

4. In cases where a literary work is adapted into a libretto for dramatic arts like opera, operetta, oratorio, and similar genres, the adapter receives from 30% to 40% of the screenwriter's royalty for works of the same genre as stipulated in Article 10 of this Decree, the remainder being paid to the author or copyright owner of the work used for adaptation.

5. In cases where traditional art works such as tuong, cheo, cai luong, folk drama, puppetry, symphony, operatic drama, children's works, ethnic minority works, the author receives additional encouragement royalties from 10% to 20% of the royalty for works of the same genre and scale.

6. Assistant choreographers, assistant directors, and assistant conductors for theatrical works, musical works, dance works, and comprehensive music and dance programs receive fees equal to 20% of the choreographer, director, and conductor's royalties for works of the same genre and scale.

7. Arrangers for vocal accompaniment with full score for chamber orchestra, national orchestra receive 30% of the composer's royalty for that song.

8. Arrangers for adaptation of music for chamber orchestra, symphony orchestra, national ensemble, or other forms of orchestra performance receive 35% of the composer's royalty for that piece of music of the same genre and scale.

9. Conductors for symphonic and choral works, symphonic works for chamber orchestra, national orchestra, solo instrument with orchestra, ballet, chorus, multi-movement chorus, cantata, and other musical genres not specified in Article 10 of this Decree receive from 15% to 25% of the composer's royalty for works of the same genre and scale.

10. For performers, direct artists, other professional positions, and other types of performing arts not specified in Articles 10 and 11 of this Decree, the user of the work pays remuneration and royalties through an agreed contract.

Chapter V
IMPLEMENTING PROVISIONS

Article 13. Effective Date

This Decree takes effect from April 15, 2015.

Chapters I, III, IV, VII, VIII, IX, and Chapter X of Decree No. 61/2002/NĐ-CP dated June 11, 2002 of the Government on Remuneration Regulations cease to be effective from the date this Decree takes effect.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with relevant ministries and sectors to guide and implement this Decree.

2. The ministers, heads of ministerial-level agencies, heads of government agencies, chairpersons of provincial people's committees under the central government, relevant organizations, and individuals shall be responsible for implementing this Decree.