Decree No. 22/2018/ND-CP provides detailed regulations on certain provisions and enforcement measures of the Intellectual Property Law 2005 and the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law 2009 regarding copyright and related rights.

DECREE

DETAILING CERTAIN PROVISIONS AND MEASURES TO IMPLEMENT THE INTELLECTUAL PROPERTY LAW OF 2005 AND THE AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE INTELLECTUAL PROPERTY LAW OF 2009 REGARDING COPYRIGHT AND RELATED RIGHTS

Pursuant to the Law on Government Organization dated June 19, 2015;

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; to amend and supplement some articles of the Intellectual Property Law dated June 19, 2009;

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

The Government promulgates this Decree detailing certain provisions and measures to implement the Intellectual Property Law of 2005 and the Law amending and supplementing certain provisions of the Intellectual Property Law of 2009 regarding copyright and related rights.ện pháp to implement the Intellectual Property Law 2005 and the Law amending and supplementing some articles of the Intellectual Property Law 2009 on copyright and related rights;This Decree details certain provisions and measures to implement the Intellectual Property Law of 2005 and the Law amending and supplementing certain provisions of the Intellectual Property Law of 2009 (hereinafter referred to collectively as the Intellectual Property Law) regarding copyright and related rights.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates in detail some provisions and measures to implement the Intellectual Property Law 2005 and the Law amending and supplementing some articles of the Intellectual Property Law 2009 (hereinafter referred to collectively as the Intellectual Property Law) on copyright and related rights.

Article 2. Applicability

This Decree applies to:

1. Authors, copyright owners, performers, and related rights owners as provided for in the Intellectual Property Law.

2. Other organizations and individuals engaged in activities related to copyright and related rights.

3. State management agencies with authority over copyright and related rights.

Article 3. Explanation of Terms

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 have or has not yet had the name of the author (either the real name or pseudonym) on the work at the time of publication.

3. Fixed form means the expression through writing, other symbols, lines, shapes, layout, colors, sounds, images, or the reproduction of sounds and images in a tangible form that can be recognized, copied, or transmitted.

4. The original of a work is the material copy in which the creation of the work was first fixed.

5. A copy of a work is a direct or indirect reproduction of part or all of the work by any means or form.

6. An audio or video recording is a fixation of sounds or images from a performance or other sounds or images, or the fixation of the reproduction of sounds or images not in the form attached to a cinematographic work or a work created by similar methods.

7. A copy of an audio or video recording is a direct or indirect reproduction of part or all of the audio or video recording by any means or form.

8. Publishing a fixed performance or audio or video recording means distributing copies of the fixed performance or audio or video recording to the public with the consent of the related rights owner.

9. Simulcasting is the rebroadcasting or relaying of a program from a broadcasting organization.

10. Encrypted satellite signal carrying a program is a satellite signal carrying a program that has been transformed or altered in one or both characteristics of sound and image to prevent unauthorized reception of the program within the signal by those without legitimate satellite signal decoding equipment.

11. A work of a foreign organization or individual first published in Vietnam is a work that has not been published in any country before its publication in Vietnam.

12. Simultaneous publication means the publication of a work of a foreign organization or individual in Vietnam within thirty days from the date of its first publication in any country.

13. Royalty is the amount of money paid by the user of the work to the author or copyright owner when the copyright owner is not also the author.

14. Remuneration is the amount of money paid by the user of the work to the copyright owner; by the user of the performance to the performer or the owner of the performance.

15. Material benefits are the amounts of money paid by the user of the audio or video recording to the producer of the audio or video recording, by the user of the broadcast program to the broadcasting organization.

16. Other material benefits are the advantages enjoyed by the author, copyright owner, or related rights owner, apart from royalties, remuneration, and material benefits, such as receiving awards, complimentary books upon publication, free tickets to view performance programs, film screenings, exhibitions, and displays of works.

Article 4. State policy on copyright and related rights

1. Financial support for the purchase of copyrights for state agencies and organizations with the mission to disseminate works, performances, sound recordings, audiovisual recordings, broadcasting programs of ideological, scientific, educational, and artistic value serving public interest, contributing to economic and social development.

2. Prioritize investment in training and capacity building for civil servants and employees engaged in the management and enforcement of copyright and related rights from central to local levels.

3. Prioritize investment and application of science and technology in the protection of copyright and related rights.

4. Strengthen communication to raise awareness and compliance with laws on copyright and related rights. Enhance education on copyright and related rights knowledge in schools and other educational institutions appropriate to each level of education and training.

5. Mobilize societal resources to invest in enhancing the capacity of the copyright and related rights protection system, meeting requirements for economic and social development and international integration.

Article 5. Responsibilities and contents of state management over copyright and related rights

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

2. The Ministry of Culture, Sports and Tourism shall be responsible before the Government for implementing state management over copyright and related rights, with the following tasks and powers:

a) Building, promulgating, directing, and organizing the implementation of laws, mechanisms, and policies for the protection of copyright and related rights.

b) Implementing measures to protect the rights and legitimate interests of the State, organizations, and individuals in the field of copyright and related rights protection.

c) Managing and exploiting copyright for works, and related rights for performances, sound recordings, audiovisual recordings, broadcasting programs that belong to state ownership; receiving the transfer of copyright from organizations and individuals to the state according to the provisions of the law.

d) Guiding the provision, cooperation, ordering, use, and ensuring copyright for works, and related rights for performances, sound recordings, audiovisual recordings, broadcasting programs.

đ) Organizing training and capacity building for staff on copyright and related rights.

e) Managing the activities of collective representative organizations for copyright and related rights, advisory and service organizations for copyright and related rights.

g) Issuing, reissuing, changing, and revoking the validity of Copyright Registration Certificates, Related Rights Registration Certificates.

h) Establishing and managing the National Register of Copyright and Related Rights.

i) Publishing and distributing the Official Gazette on copyright and related rights.

k) Organizing and directing activities of education, propaganda, dissemination of knowledge, laws, mechanisms, policies, and information, statistics on copyright and related rights.

l) Managing activities of appraisal regarding copyright and related rights.

m) Inspecting, supervising, handling violations of laws on copyright and related rights; resolving complaints and denunciations regarding copyright and related rights.

n) Implementing international cooperation on copyright and related rights.

3. Ministries, ministerial-level agencies, and government agencies within their respective functions and powers shall cooperate with the Ministry of Culture, Sports and Tourism in managing state affairs concerning copyright and related rights.

4. Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall implement state management over copyright and related rights at the local level, with the following tasks and powers:

a) Organizing activities to protect copyright and related rights at the local level; implementing measures to protect the rights and legitimate interests of the State, organizations, and individuals regarding copyright and related rights.

b) Inspecting, supervising, and handling complaints, denunciations, and violations of laws on copyright and related rights at the local level within their authority.

c) Performing other tasks as prescribed by law.

Chapter II

COPYRIGHT

Article 6. Author and Co-author

1. The author is the person directly creating a part or the entirety of a literary, artistic, and scientific work.

2. Co-authors are authors jointly and directly creating a part or the entirety of a literary, artistic, and scientific work.

3. A person who supports, provides opinions, or supplies materials for another to create a work shall not be recognized as an author or co-author.

Article 7. Works Expressed in Other Characters

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

Article 8. Copyright on Lectures, Speeches, and Other Oral Works

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

2. In cases where the author personally carries out the fixation of lectures, speeches, and other oral works in audio or video recordings, the author enjoys copyright over such works and simultaneously holds ownership rights over the audio or video recordings according to Clause 2, Article 44 of the Intellectual Property Law.

Article 9. Press Works

Press works as defined in point c, Clause 1, Article 14 of the Intellectual Property Law are independent and complete works including types such as reports, quick notes, live coverage, interviews, reflections, investigations, commentaries, editorials, specialized articles, press writings, and other press types intended for publication or broadcast in print newspapers, radio, television, online media, or other means.

Article 10. Musical Works

Musical works as defined in point d, Clause 1, Article 14 of the Intellectual Property Law are works expressed in musical notation or other musical symbols or fixed in audio or video recordings with or without lyrics, regardless of whether they are performed or not.

Article 11. Copyright on Stage Works

1. Stage works as defined in point đ, Clause 1, Article 14 of the Intellectual Property Law are performance art works including Cheo, Tuong, Cai Luong, puppetry, spoken drama, folk drama, physical theater, operetta, circus, stand-up comedy, variety shows, and other performance art forms.

2. Stage works are created by authors as defined in Article 21 of the Intellectual Property Law.

3. Authors enjoy moral rights as stipulated in Article 19 and property rights as stipulated in Article 20 of the Intellectual Property Law.

4. Authors who are not at the same time owners of copyright enjoy moral rights as stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law; copyright owners enjoy rights as stipulated in Clause 3 of Article 19 and Article 20 of the Intellectual Property Law.

5. Authors and organizations, individuals investing financial resources, and facilities and technical infrastructure for the creation of works may agree on the modification of the work.

Article 12. Copyright for cinematographic works

1. Cinematographic works and works created by similar methods as provided for in point e, Clause 1, Article 14 of the Intellectual Property Law are works expressed through moving images combined with sound and other means according to the principles of cinematographic language. Static images taken from a cinematographic work are part of that cinematographic work.

2. Cinematographic works are created by authors as defined in Clause 1, Article 21 of the Intellectual Property Law.

3. The author enjoys moral rights as stipulated in Article 19 of the Intellectual Property Law and economic rights as stipulated in Article 20 of the Intellectual Property Law.

4. Authors who are not at the same time owners of copyright enjoy moral rights as stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law; copyright owners enjoy rights as stipulated in Clause 3 of Article 19 and Article 20 of the Intellectual Property Law.

5. Authors and organizations, individuals investing financial resources, and facilities and technical infrastructure for the creation of works may agree on the modification of the work.

Article 13. Visual Art Works and Applied Art Works

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

2. Applied art works as provided for in point g, Clause 1, Article 14 of the Intellectual Property Law are works expressed through lines, colors, shapes, and composition with utilitarian functions, which can be attached to useful objects, produced manually or industrially such as: graphic design (expressions of logos, identity systems, and product packaging), fashion design, product styling, interior design, decoration.

Article 14. Photographic Works

Photographic works as provided for 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 the image is created, or may be created by chemical, electronic, or other technical methods. Photographic works may have captions or not.

Article 15. Copyright for Architectural Works

1. Architectural works as provided for in point i, Clause 1, Article 14 of the Intellectual Property Law include architectural works of the following types:

a) Architectural design drawings for buildings or groups of buildings, interiors, landscapes.

b) Architectural structures.

2. The author enjoys moral rights as stipulated in Article 19 of the Intellectual Property Law and economic rights as stipulated in Article 20 of the Intellectual Property Law.

3. The author who is not simultaneously the owner of copyright enjoys moral rights as stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law; the owner of copyright enjoys the rights stipulated in Clause 3 of Article 19 and Article 20 of the Intellectual Property Law.

4. The author and organizations, individuals, or entities investing financial and material-technical resources to create the work may agree on the modification of the work.

Article 16. Illustrations, Diagrams, Maps, Drawings

Illustrations, diagrams, maps, drawings as provided for in point k, Clause 1, Article 14 of the Intellectual Property Law include illustrations, diagrams, maps, and drawings related to topography, scientific and architectural works.

Article 17. Copyright for Computer Programs

1. The author enjoys the moral rights prescribed in Article 19 of the Intellectual Property Law and the economic rights prescribed in Article 20 of the Intellectual Property Law.

2. The author who is not simultaneously the owner of copyright enjoys the moral rights prescribed in Clauses 1, 2, and Clause 4 of Article 19 of the Intellectual Property Law; the owner of copyright enjoys the rights prescribed in Clause 3 of Article 19 and Article 20 of the Intellectual Property Law.

3. The author and organizations, individuals investing financial resources and material-technical facilities to create computer programs may agree on the repair and upgrade of the computer program.

4. Organizations and individuals with the right to legally use copies of computer programs may make a backup copy to replace the original when it is lost, damaged, or unusable.

Article 18. Folk Literary and Artistic Works

1. Folk literary and artistic works prescribed in Point a Clause 1 of Article 23 of the Intellectual Property Law are forms of verbal art.

2. Folk literary and artistic works prescribed in Points b and c Clause 1 of Article 23 of the Intellectual Property Law are forms of performing arts such as cheo, tuong, cải lương, puppetry, dance tunes, musical melodies; dance routines, folk games, village festivals, folk ritual forms.

3. Folk literary and artistic works prescribed in Points a, b, and c Clause 1 of Article 23 of the Intellectual Property Law are protected regardless of their shape.

4. Using folk literary and artistic works prescribed in Clause 2 of Article 23 of the Intellectual Property Law means collecting, researching, performing, and introducing the true value of folk literary and artistic works.

5. Citing the origin of types of folk literary and artistic works prescribed in Clause 2 of Article 23 of the Intellectual Property Law means indicating the source and place name of the community where the folk literary and artistic works were formed.

Article 19. Objects Not Within the Scope of Copyright Protection

1. Pure news reports prescribed in Clause 1 of Article 15 of the Intellectual Property Law are short daily press information that only convey news without creative elements.

2. Administrative documents prescribed in Clause 2 of Article 15 of the Intellectual Property Law include documents from state agencies, political organizations, political-social organizations, political-social-professional organizations, social organizations, social-professional organizations, and units of the People's Armed Forces.

Article 20. Moral Rights

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

2. The right to publish the work or authorize others to publish the work prescribed in Clause 3 of Article 19 of the Intellectual Property Law is the act of distributing the work to the public with a reasonable number of copies to meet the public's needs according to the nature of the work, carried out by the author or the owner of the copyright, or by other individuals or organizations with the consent of the author or the owner of the copyright. Publishing the 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; constructing buildings based on architectural works.

3. The right to protect the integrity of the work, preventing others from modifying or cutting the work prescribed in Clause 4 of Article 19 of the Intellectual Property Law is the act of not allowing others to modify or cut the work or to repair and upgrade computer programs except with the agreement of the author.

Article 21. Property Rights

1. The right to publicly perform works as stipulated in point b, Clause 1, Article 20 of the Intellectual Property Law is the exclusive right of the copyright owner to perform or authorize others to perform the work directly or through sound recordings, video recordings, or any technical means that the public can access. Publicly performing a work includes performing it at any place where the public can access.

2. The right to reproduce works 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 electronic copies.

3. The right to distribute original or copies of 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 in any other manner the original or copies of the work by any form or technical means that the public can access.

4. The right to communicate works to the public through 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 to transmit the work or copies thereof to the public at places and times chosen by them.

5. The right to lease original or copies of cinematographic works, computer programs as stipulated in point e, Clause 1, Article 20 of the Intellectual Property Law is the exclusive right of the copyright owner to lease for limited exploitation and use.

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

Article 22. Reproduction of Works

1. Self-reproduction of a copy as stipulated in point a, Clause 1, Article 25 of the Intellectual Property Law applies to individual cases of scientific research and teaching without commercial purposes.

2. Reproducing works for storage in libraries for research purposes as stipulated in point đ, Clause 1, Article 25 of the Intellectual Property Law involves making no more than one copy. Libraries may not reproduce and distribute copies of the work to the public, including digital copies.

Article 23. Fair Use of Works

Fair use of works for commentary or illustration in one's own work without distorting the author's intent as stipulated in point b, Clause 1, Article 25 of the Intellectual Property Law must meet the following conditions:

1. The quotation is solely for the purpose of introducing, commenting on, or clarifying issues mentioned in one's own work.

2. The portion quoted from the work used for quotation does not harm the copyright holder's rights over the work used for quotation; it is appropriate to the nature and characteristics of the type of work being quoted.

Article 24. Term of Protection for Author's Rights on Posthumous Works

The term of protection for personal rights as stipulated in Clause 3, Article 19 and property rights as stipulated in Article 20 of the Intellectual Property Law for posthumous works is fifty years, counted from the first publication of the work.

Article 25. Owner of Author's Rights

The owner of author's rights as stipulated in Article 36 of the Intellectual Property Law includes:

1. Vietnamese organizations and individuals.

2. Foreign organizations and individuals whose works were created and materialized in Vietnam.

3. Foreign organizations and individuals whose works were published for the first time in Vietnam.

4. Foreign organizations and individuals whose works are protected in Vietnam under international treaties to which the Socialist Republic of Vietnam is a party.

Article 26. Assignment of Rights for Anonymous Works

The enjoyment of rights for anonymous works as stipulated in Clause 2, Article 41 and Point a, Clause 1, Article 42 of the Intellectual Property Law shall be carried out as follows:

1. Organizations and individuals currently managing anonymous works may transfer rights over such works to other organizations and individuals and receive remuneration from such assignment.

2. Organizations and individuals receiving the assignment of rights as provided in Clause 1 of this Article shall enjoy the rights of the owner until the identity of the author is determined.

Article 27. Use of Works Belonging to the State

1. Organizations using state budget funds to commission, assign tasks, or enter into contracts with authors to create works are representatives of the State - the owner of author's rights for those works.

2. Organizations and individuals using works belonging to the state as stipulated in Clause 1 of this Article must obtain permission from the owner of author's rights and respect personal rights as stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law.

3. Organizations and individuals using works belonging to the state as stipulated in Points b and c, Clause 1, Article 42 of the Intellectual Property Law must respect personal rights as stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law.

4. State agencies, organizations, and individuals when discovering acts infringing author's rights as stipulated in Clauses 2 and 3 of this Article have the right to request competent state authorities to handle according to the provisions of the law.

Article 28. Use of Works Belonging to the Public

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

2. State agencies, organizations, and individuals with related rights and obligations when discovering acts infringing personal rights as stipulated in Clauses 1, 2, and 4 of Article 19 of the Intellectual Property Law for works that have ended their term of protection have the right to request the person committing the infringement to cease the act, apologize, and make public corrections; they have the right to lodge complaints, report, and request competent state authorities to handle according to the provisions of the law.

3. Political organizations, political-social organizations, social-professional organizations, social organizations, social-professional organizations, and collective bodies representing author's rights and related rights have the right to request competent state authorities to protect personal rights for works of members that have ended their term of protection.

Chapter III

RELATED RIGHTS

Article 29. Rights of Performers

1. The right to directly reproduce a fixed performance on an audio or video recording, as stipulated in point b, Clause 3, Article 29 of the Intellectual Property Law, is the exclusive right of the owner of the performance to carry out or authorize others to create other copies from such audio or video recordings.

2. The right to indirectly reproduce a fixed performance on an audio or video recording, as stipulated in point b, Clause 3, Article 29 of the Intellectual Property Law, is the exclusive right of the owner of the performance to carry out or authorize others to create other copies not from such audio or video recordings, such as reproducing from broadcast programs, electronic information networks, telecommunications, and similar forms.

3. The right to transmit to the public in another manner a live performance, as stipulated in point c, Clause 3, Article 29 of the Intellectual Property Law, is the exclusive right of the owner of the performance to carry out or authorize others to publicly disseminate the live performance to the public through any technical means other than broadcasting.

Article 30. Fair Use of Performances, Audio and Video Recordings, Broadcast Programs

1. Fair use 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.

2. The fair use provided for in Clause 1 of this Article must satisfy the following conditions:

a) The excerpt is used only for the purpose of introducing, commenting on, or clarifying issues in the provision of information.

b) The excerpt from the performance, audio or video recording, broadcast program does not harm the rights of the performer, the producer of the audio or video recording, or the broadcasting organization regarding the performance, audio or video recording, broadcast program used for the excerpt; it is appropriate to the nature and characteristics of the performance, audio or video recording, broadcast program used for the excerpt.

Article 31. Temporary Copies

A temporary copy as stipulated in point d, Clause 1, Article 32 of the Intellectual Property Law is a fixed copy with a limited duration, carried out 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 at the official storage center.

Article 32. Use of Audio and Video Recordings

1. Direct use of published audio or video recordings for commercial purposes to implement sponsored, advertised, or revenue-generating broadcast programs, as stipulated in Clause 1, Article 33 of the Intellectual Property Law, is the act of broadcasting organizations using those audio or video recordings themselves via wireless or wired means, including satellite transmission and digital environments.

2. Indirect use of published audio or video recordings for commercial purposes to implement sponsored, advertised, or revenue-generating broadcast programs, as stipulated in Clause 1, Article 33 of the Intellectual Property Law, is the act of rebroadcasting or replaying previously broadcast programs; transferring programs in digital environments onto airwaves.

3. Use of published audio or video recordings in business and commercial activities, as stipulated in Clause 2, Article 33 of the Intellectual Property Law, is the act of organizations or individuals using such audio or video recordings directly or indirectly for use in restaurants, hotels, shops, supermarkets; karaoke service establishments, postal and telecommunications services, digital environments; in tourism, aviation, public transportation activities.

4. The entitlement to remuneration of performers when their audio or video 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 audio or video recording when implementing the recording program.

Article 33. Utilization of Broadcasting Programs

1. The owner of broadcasting programs as stipulated in Clause 3, Article 44 of the Intellectual Property Law shall invest financial resources and material-technical infrastructure to broadcast, except in cases where there are other agreements.

2. When using works, sound recordings, audiovisual recordings to produce broadcasting programs, broadcasting organizations must fulfill their obligations towards the copyright owners and related rights owners in accordance with the provisions of the law.

3. Organizations and individuals utilizing broadcasting programs of other broadcasting organizations as provided for in point a and point b, Clause 1, Article 31 of the Intellectual Property Law for rebroadcasting or transmission via telecommunications networks, electronic information or any technical means must comply with the agreement and relevant legal provisions. Any modification, cutting, supplementation of broadcasting programs of other broadcasting organizations for rebroadcasting or transmission via telecommunications networks, electronic information or any other technical means must be agreed upon with the owner of the broadcasting program.

Chapter IV

REGISTRATION OF COPYRIGHT AND RELATED RIGHTS

Article 34. Procedures for Registration of Copyright and Related Rights

1. Authors, copyright owners, related rights owners may directly or authorize other organizations or individuals to submit one set of registration application documents for copyright and related rights to the Ministry of Culture, Sports and Tourism (Copyright Office or the representative office of the Copyright Office in Ho Chi Minh City and Da Nang City). Documents can be sent by mail.

2. Foreign organizations and individuals having 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 copyright advisory and service organizations to submit one set of registration application documents for copyright and related rights to the Ministry of Culture, Sports and Tourism (Copyright Office or the representative office of the Copyright Office in Ho Chi Minh City and Da Nang City).

Article 35. Issuance, Reissuance, Amendment, and Revocation of Effectiveness of the Certificate of Registration for Copyright and Related Rights

1. The Ministry of Culture, Sports and Tourism (Copyright Office) has the authority to issue, reissue, amend, and revoke the effectiveness of the Certificate of Registration for Copyright and Related Rights in accordance with Clause 1 and 2, Article 51 of the Intellectual Property Law.

2. The Certificate of Registration for Copyright and Related Rights shall be issued in accordance with Articles 49 and 50 of the Intellectual Property Law.

3. The Certificate of Registration for Copyright and Related Rights shall be reissued in cases where the Certificate of Registration for Copyright and Related Rights is lost or damaged.

4. The Certificate of Registration for Copyright and Related Rights shall be amended in cases where there is a change in the copyright owner, related rights owner, or changes in information about the author, copyright owner, related rights owner, work, performance, sound recording, audiovisual recording, broadcasting program.

5. The Certificate of Registration for Copyright and Related Rights shall be revoked in cases as prescribed in Clause 2 and Clause 3, Article 55 of the Intellectual Property Law.

6. The Ministry of Culture, Sports and Tourism shall specify the forms of Application for Registration of Copyright and Related Rights, Certificate of Registration for Copyright and Related Rights in accordance with point a, Clause 2, Article 50 and Clause 4, Article 51 of the Intellectual Property Law.

Article 36. Documents for Issuing, Reissuing, and Amending Certificates of Registration of Copyright and Related Rights

1. The documents for issuing certificates of registration of copyright and related rights are stipulated in Article 50 of the Intellectual Property Law.

2. Authors, copyright owners, and related rights owners who need to reissue certificates of registration of copyright and related rights shall submit the Application Form for Copyright Registration or the Application Form for Related Rights Registration (in accordance with the model form), two copies of the work or two copies of the performance, sound recording, audiovisual recording, or broadcast program.

3. Authors, copyright owners, and related rights owners who need to amend certificates of registration of copyright and related rights shall submit the Application Form for Copyright Registration or the Application Form for Related Rights Registration (in accordance with the model form); two copies of the work or two copies of the performance, sound recording, audiovisual recording, or broadcast program; evidence of changes and return the previously issued certificate of registration of copyright or related rights.

Article 37. Time Limit for Issuing, Reissuing, and Amending Certificates of Registration of Copyright and Related Rights

1. The time limit for issuing certificates of registration of copyright and related rights is stipulated in Article 52 of the Intellectual Property Law.

2. Within seven working days from the date of receiving valid documents, the Ministry of Culture, Sports and Tourism (Copyright Office) shall be responsible for reissuing certificates of registration of copyright and related rights.

3. Within twelve working days from the date of receiving valid documents, the Ministry of Culture, Sports and Tourism (Copyright Office) shall be responsible for amending certificates of registration of copyright and related rights.

4. In cases where the reissuance or amendment of certificates of registration of copyright and related rights is refused, the Ministry of Culture, Sports and Tourism (Copyright Office) must notify the applicant in writing.

Article 38. Copies of Works Registered for Copyright and Copies of Fixed Objects Registered for Related Rights

1. The Ministry of Culture, Sports and Tourism (Copyright Office) shall be responsible for retaining one copy of the work registered for copyright or one copy of the fixed object registered for related rights; one copy of the work registered for copyright or one copy of the fixed object registered for related rights stamped with the number of the certificate of registration of copyright or related rights shall be returned to the organization or individual specified in point b, Clause 2, Article 50 of the Intellectual Property Law.

2. The copy of the work registered for copyright as stipulated 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, bas-reliefs, large-scale paintings attached to architectural structures; works that are too large or cumbersome.

Article 39. Revocation of Effectiveness of Certificates of Registration of Copyright and Related Rights

1. The Ministry of Culture, Sports and Tourism (Copyright Office) has the authority to revoke the effectiveness of certificates of registration of copyright and related rights in the cases prescribed in Clause 2 and Clause 3, Article 55 of the Intellectual Property Law.

2. Within fifteen working days from the date of receipt of any of the following documents, the Ministry of Culture, Sports and Tourism (Copyright Office) shall issue a decision to revoke the effectiveness of certificates of registration of copyright and related rights:

a) A final judgment or decision of the court or a decision of an authorized agency handling acts of infringement under Article 200 of the Intellectual Property Law regarding the revocation of the effectiveness of certificates of registration of copyright and related rights.

b) A document from the organization or individual who has been granted a certificate of registration of copyright or related rights requesting the Ministry of Culture, Sports and Tourism (Copyright Office) to revoke the effectiveness of the certificate of registration of copyright or related rights already issued.

Article 40. Fees for Registration of Copyright and Related Rights

Organizations and individuals have the obligation to pay fees when conducting procedures for registering copyright and related rights as prescribed by law.

Article 41. Effectiveness of the Certificate of Copyright Registration, Certificate of Related Rights Registration

The types of Certificates of Copyright Registration, Certificates of Related Rights Registration issued by the Vietnam Copyright Protection Agency, the Vietnam Copyright Protection Authority, the Literature and Art Copyright Office, and the Copyright Office shall continue to maintain their effectiveness.

Chapter V

ORGANIZATIONS REPRESENTING COLLECTIVE INTERESTS, ADVISORY AND SERVICE ORGANIZATIONS FOR COPYRIGHT AND RELATED RIGHTS

Article 42. Organizations Representing Collective Interests in Copyright and Related Rights

Organizations representing collective interests in copyright and related rights, as stipulated in Clause 1, Article 56 of the Intellectual Property Law, shall operate within the scope, functions, and authorization contracts between the copyright owners, related rights owners, and organizations representing collective interests regarding the management of a specific right or group of rights.

Article 43. Scale of Royalties, Remuneration, and Material Benefits

1. Organizations representing collective interests in copyright and related rights shall establish the Scale of Royalties, Remuneration, and Material Benefits as prescribed in Clause 3, Article 20, Clause 4, Article 29 of the Intellectual Property Law, and material benefits as prescribed in Clause 2, Article 30, Clause 2, Article 31 of the Intellectual Property Law.

2. Organizations and individuals exploiting and using works, sound recordings, audiovisual recordings, broadcasting programs as prescribed in Clause 1, Article 26, Clause 1 and Clause 2, Article 33 of the Intellectual Property Law shall have the obligation to directly contact the copyright owner, related rights owner, or organizations representing collective interests in copyright and related rights regarding exploitation and use. In cases where direct contact with the copyright owner or related rights owner cannot be made, organizations and individuals exploiting and using works, sound recordings, audiovisual recordings, broadcasting programs must announce on mass media.

3. Organizations and individuals exploiting and using works, performances, sound recordings, audiovisual recordings, broadcasting programs, and organizations representing collective interests in copyright and related rights shall have the responsibility to negotiate about the scale of royalties, remuneration, and material benefits and payment methods.

4. Royalties, remuneration, and material benefits shall be determined based on the following principles:

a) Payment of royalties, remuneration, and material benefits must ensure the interests of creators, organizations and individuals exploiting and using, and the public enjoying them, in accordance with the economic and social conditions of the country.

b) The level of royalties, remuneration, and material benefits shall be determined based on the type, form, quality, quantity, or frequency of exploitation and use.

c) Co-owners of copyright and co-owners of related rights shall agree on the distribution ratio of royalties and remuneration according to the degree of creativity, suitable for the form of exploitation and use.

d) The level of royalties, remuneration, and material benefits shall be determined in writing contracts in accordance with the provisions of the law.

Article 44. Collection and Distribution of Royalties, Remuneration, and Material Benefits

1. The collection and distribution of royalties, remuneration, and material benefits shall be carried out in accordance with the operational regulations of organizations representing collective interests in copyright and related rights and the authorization documents of copyright owners and related rights owners who have agreed on the amount or percentage, method, and time of distribution of royalties, remuneration, and material benefits.

2. The collection and distribution of royalties, remuneration, and material benefits by organizations representing collective interests in copyright and related rights shall be conducted transparently and openly for works, performances, sound recordings, audiovisual recordings, broadcasting programs that are exploited and used in accordance with the law.

3. In cases where works, sound recordings, audiovisual recordings, broadcasting programs are related to the rights and interests of many authorized organizations representing collective interests for a specific right or group of rights, these organizations may negotiate for one organization to represent negotiations for licensing use, collection, and distribution of money according to the regulations and authorization documents.

4. The collection and distribution of royalties, remuneration, and material benefits from corresponding organizations abroad or international organizations shall be carried out in accordance with foreign exchange management regulations.

Article 45. Exploitation and Use of Audio and Video Records

1. Organizations and individuals directly or indirectly using audio and video records as prescribed in Clause 1 and Clause 2 of Article 33 of the Intellectual Property Law must pay remuneration, compensation, and material benefits to the copyright owner and related rights owner.

2. Collective organizations representing copyright and related rights may negotiate, unify, authorize negotiations, collect remuneration, compensation, and material benefits in accordance with the provisions of the law. The ratio of distribution of collected remuneration, compensation, and material benefits shall be agreed upon by these organizations.

3. Collective organizations representing copyright and related rights that have authorized responsibilities must establish a list of members, works, audio and video records, broadcasting programs of members, and bear responsibility when signing authorization contracts for collective organizations representing copyright and related rights to represent negotiations and collect remuneration, compensation, and material benefits.

4. Collective organizations representing copyright and related rights that have been authorized only have the responsibility to negotiate and collect remuneration, compensation, and material benefits according to the list of members, works, performances, audio and video records, broadcasting programs specified in the authorization contract.

Article 46. Information on Copyright and Related Rights Management

Collective organizations representing copyright and related rights must publicly disclose information on their websites regarding the following contents:

1. Name of the author, copyright owner, and related rights owner.

2. For individuals: Date of birth; year of death (if applicable).

For organizations: Date of establishment; year of dissolution (if applicable).

3. Title of the work, name of the related rights object (performance; audio and video record; broadcasting program).

4. Content of the work; content of the performance; content of the audio and video record; content of the broadcasting program.

5. Scope of authorization; validity of the authorization contract.

6. Licensing activities, collection, and distribution of remuneration, compensation, and material benefits.

7. Activities of collective organizations representing copyright and related rights.

8. Other relevant information.

Article 47. Implementation of Reporting System

1. Collective organizations representing copyright and related rights must report to the Ministry of Culture, Sports and Tourism, the Ministry of Home Affairs, the Ministry of Finance, and the supervising authority on amendments and supplements to the Charter and operational regulations; financial management mechanisms; leadership personnel changes; participation in international organizations; other diplomatic activities; pricing, payment methods for remuneration, compensation, and material benefits; long-term and annual plans; operational status, authorization contracts, licensing contracts for use; collection activities, collection levels, distribution methods, ways of implementing the distribution of remuneration, compensation, and material benefits; other related activities.

In cases of amending and supplementing the Charter, they must report to the competent authority for approval before implementation.

2. Collective organizations representing copyright and related rights must establish an electronic information website, connecting with state management agencies for copyright and related rights and other collective organizations representing copyright and related rights.

3. Collective organizations representing copyright and related rights must have a database of copyright and related rights of their organization, connecting with the national database on copyright and related rights.

Article 48. Copyright advisory organizations and related rights service organizations

Copyright advisory organizations and related rights service organizations as stipulated in Clause 1 of Article 57 of the Intellectual Property Law include:

1. Enterprises established and operating under the laws on enterprises.

2. Cooperatives and cooperative unions established and operating under the laws on cooperatives.

3. Public institutions.

4. Legal practice organizations established and operating under the laws on lawyers, except for branches of foreign legal practice organizations, limited liability law firms with one hundred percent foreign capital, and limited liability law firms in the form of joint ventures between Vietnamese legal practice organizations and foreign legal practice organizations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 49. Protection of copyright and related rights

1. The owner of copyright and the owner of related rights may directly or may authorize collective copyright management organizations or other organizations or individuals to perform and protect their copyright and related rights. The authorized party shall be responsible for publicly informing organizations and individuals exploiting and using works, performances, sound recordings, audiovisual recordings, and broadcasting programs to negotiate agreements on exploitation and use.

2. Organizations and individuals exploiting and using works, performances, sound recordings, audiovisual recordings, and broadcasting programs shall have the obligation to contact the owner of copyright or the owner of related rights or the authorized party to negotiate agreements on exploitation and use in accordance with the laws on copyright and related rights.

3. Disputes over copyright and related rights shall be resolved in accordance with the provisions of the Civil Procedure Law or arbitration.

Article 50. Effective Date

1. This Decree takes effect from April 10, 2018.

2. The following documents shall cease to be effective from the date this Decree takes effect:

a) Decree No. 100/2006/NĐ-CP dated September 21, 2006 of the Government detailing and guiding the implementation of certain articles of the Civil Code and the Intellectual Property Law on copyright and related rights;

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

Article 51. Responsibility for Implementation

1. The Minister of Culture, Sports and Tourism shall be responsible for guiding the implementation and organizing the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, agencies, organizations, and individuals with relevant rights and obligations shall be responsible for enforcing this Decree./.