Circular No. 27/2001/TT-BVHTT guiding the implementation of Government Decree No. 76/CP dated November 29, 1996, and Government Decree No. 60/CP dated June 6, 1997, guiding the enforcement of certain provisions on copyright in the Civil Code.

CIRCULAR

Guidelines for implementing Decree No. 76/CP dated November 29, 1996,

Decree No. 60/CP dated June 6, 1997 of the Government guiding the implementation

of certain provisions on copyright in the Civil Code

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Pursuant to Decree No. 81/CP dated November 8, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information.

Pursuant to Decree No. 76/CP dated November 29, 1996 of the Government guiding the implementation of certain provisions on copyright in the Civil Code (hereinafter referred to as Decree No. 76/CP); Decree No. 60/CP dated June 6, 1997 of the Government guiding the implementation of the provisions of the Civil Code on civil relations involving foreign elements (hereinafter referred to as Decree No. 60/CP)

The Ministry of Culture and Information guides certain provisions on copyright as follows:

I. EXPLANATION OF TERMS

Some terms used in the provisions on copyright are understood as follows:

1. "Creation" of literary, artistic, and scientific works is the intellectual activity of the author directly creating a part or all of the work expressed in a definite material form.

2. "Original copy" of a work is the first copy of the work created by the author.

"Works protected must be original copies" means that the works must be shaped in a definite material form and have originality.

3. "Original work" is the work used to create derivative works such as translations, adaptations, compilations, revisions, transformations, anthologies, and commentaries.

4. "Reproduction" of a work is the act of expressing again the essential part or the whole of the work in any material form.

5. "Photocopying" of a work is understood as the act of reproducing the work or a part of it exactly by photocopying, photographing, or similar methods;

6. "Copy" of a work is a reproduction or photocopy of a part or the whole of the work.

7. "Owner of the work" is an individual or organization owning the transferable rights of the author as provided by law.

8. "Joint work" is a work created by two or more authors.

9. "Anonymous work" is a work without the name of the author (real name or pen name) on the work when published.

10. "Work of unknown authorship" is a work published without identifying the author.

11. "Posthumous work" is a work published for the first time after the death of the author.

12. "Publication and dissemination of works":

"Publication and dissemination of works" is the presentation of the work before the public in forms such as lectures, exhibitions, publication, performance, broadcasting, television, and other material forms.

Publication products include types such as books, documents, paintings, photographs, posters, catalogs, leaflets, brochures, calendars, maps, tiles, music scores, flags, pamphlets, slogans, couplets, scrolls, audio tapes, sound discs, video tapes, video discs instead of or accompanying books.

"Work first published and disseminated in Vietnam" is a work of a foreign person or foreign legal entity not yet published or disseminated in any country before being published or disseminated in Vietnam.

A work is considered a work first published and disseminated in Vietnam when the work is published or disseminated in Vietnam within thirty days from the date of its first publication or dissemination in any country.

II. WORKS PROTECTED

1. Works protected in Vietnam:

a. Works of authors who are Vietnamese citizens;

b. Works owned by Vietnamese citizens, legal entities, or organizations;

c. Works of foreign persons or foreign legal entities created and expressed in a definite material form in Vietnam;

d. Works of foreign persons or foreign legal entities first published and disseminated in Vietnam;

e. Works of foreign persons or foreign legal entities protected in Vietnam according to international treaties to which Vietnam is a party.

2. Works protected in Vietnam must be the types of works specified in Article 4 of Decree No. 76/CP; they cannot be objects of industrial property protection; they cannot contain contents as stipulated in Clause 1, Article 749 of the Civil Code.

III. RIGHTS OF AUTHORS AND OWNERS OF WORKS

1. Authors who create works under assigned tasks enjoy the rights prescribed in Article 752 of the Civil Code.

Authors who create works under contracts enjoy the rights prescribed in Article 752 of the Civil Code based on the signed contract.

2. The exercise of economic rights by authors who are not owners of the works as prescribed in Clause 2, Article 572 of the Civil Code shall be carried out based on a contract between the author and the owner of the work.

3. Individuals or organizations relying on derivative works such as translations, adaptations, compilations, revisions, transformations, or adaptations of another's work to create new works as prescribed in Article 11 of Decree No. 76/CP must obtain permission from the author (and the owner if the owner is not also the author) of the derivative work and the author of the original work, except where the author of the derivative work and the author of the original work have agreed otherwise.

4. For posthumous works, in cases where the heir has not been identified, the lawful possessor of the posthumous work enjoys the personal rights prescribed in point c and point d, Clause 1, Article 751 and the economic rights prescribed in points a, b, and c, Clause 2, Article 751 of the Civil Code for fifty years from the date of the first publication of the work. If the heir is identified within fifty years from the date of the first publication of the work, the heir will continue to enjoy these rights for the remaining period of protection unless otherwise provided by law.

5. Rights and obligations between performers and individuals or organizations investing financially in performance programs are determined based on contracts.

IV. USE OF WORKS

1. The Copyright Office is responsible for managing works belonging to the State in cases where there is no heir, the heir refuses to accept the inheritance or does not have the right to inherit as prescribed in point B, Clause 1, Article 764, Article 765 of the Civil Code and Clause 2, Article 13 of Decree No. 76/CP; works of unknown authorship or anonymous works as prescribed in Clause 5, Article 766 of the Civil Code; receiving and managing royalties for those works.

Individuals and organizations when using the aforementioned works must comply with the following regulations:

- Apply for permission and pay royalties to the Copyright Agency when using the work;

- Indicate the real name or pen name of the author (if available) on the work, correctly state the title of the work, and ensure the integrity of the content of the work.

2. The Copyright Agency is responsible for managing the moral rights of works that have exceeded the protection period specified in Article 766 of the Civil Code. When individuals and organizations use such works, they must comply with the following regulations:

- Notify the Copyright Agency about the use of the work;

- Indicate the real name or pen name of the author (if available) on the work, correctly state the title of the work, and ensure the integrity of the content of the work.

- Submit one copy of the work to the Copyright Agency within thirty days from the date of publication or distribution.

3. Individuals and organizations when using published works for commercial purposes or using published works not for commercial purposes but affecting the normal exploitation of the work by the author or the owner of the work must apply for permission and pay royalties or remuneration to the author or the owner of the work according to the work usage contract.

If using works in the publishing field, the user must also comply with the provisions of the Publishing Law and other relevant laws;

In the case of using published songs or musical pieces for commercial performances, royalties or remuneration must be paid to the author or the owner of the work according to the agreement;

Individuals and organizations may directly sign a work usage contract with the author or the owner of the work or through a legally authorized representative organization commissioned by the author or the owner of the work.

Cases where permission is not required and no remuneration needs to be paid to the author or the owner of the work shall be carried out in accordance with the provisions of Articles 760 and 761 of the Civil Code.

V. REGISTRATION OF COPYRIGHT AND WORK OWNERSHIP RIGHTS

1. According to Article 23, 24, and 27 of Decree No. 76/CP, the owner of the work has the right to directly or authorize an individual or service organization to apply for a copyright certificate at the Copyright Agency or the Department of Culture and Information of provinces or centrally administered cities where the author or the owner of the work resides.

Foreign individuals and legal entities whose works are protected under points 1(c), 1(d), and 1(e) of Section 2 of this Circular have the right to directly or authorize a service organization to apply for a copyright certificate at the Copyright Agency or the Department of Culture and Information of provinces or centrally administered cities.

2. The application dossier for a copyright certificate includes:

a) An application form for a copyright certificate (according to the model).

The application form for a copyright certificate must be written in Vietnamese and signed by the author, the owner of the work, or the authorized person submitting the application. If a legal entity submits the application, it must be signed and stamped according to the regulations.

b) Two copies of the work being registered for copyright and ownership rights.

For works with special characteristics such as paintings, sculptures, monuments, bas-reliefs, large-scale paintings attached to architectural structures, and similar types, the work in the registration dossier is a design, sketch, or black-and-white photograph fully expressing the creative idea.

c) Identity documents (ID card, passport) of the person submitting the dossier.

In addition to the above documents, if the applicant for a copyright certificate is an authorized person; the owner of the work is not simultaneously the author, then proof of being a legitimate owner must be provided. These documents, if in a foreign language, must be accompanied by a Vietnamese translation certified by a notary public.

3. The Copyright Agency is responsible for examining the application dossier for a copyright certificate and providing results at the initial dossier acceptance location within ten working days from the date of receiving a complete and valid dossier as stipulated in point 2, Section V of this Circular. In cases where a copyright certificate is not issued, a written response must be given, clearly stating the reasons.

4. The Department of Culture and Information of provinces and centrally administered cities is responsible for guiding applicants on registration procedures, accepting and forwarding the application dossier for a copyright certificate to the Copyright Agency immediately after receiving a valid dossier as stipulated in point 2 of Section V of this Circular; collecting registration fees for copyright according to the regulations of the competent authority and incidental costs arising from transferring the dossier; returning the results to the applicant immediately upon receipt from the Copyright Agency.

6. Copyright certificates issued by the Vietnam Copyright Protection Agency remain valid. Copyright protection agencies, including the Copyright Agency, which issued certificates before the Civil Code took effect, still retain their validity. Authors and owners of works enjoy the rights prescribed by the Civil Code.

Authors and owners of works who need to reissue or replace a copyright certificate must submit a request detailing the reason and follow the regulations set forth in point 2 of Section V of this Circular.

6. Individuals and organizations granted a copyright certificate must pay the fee as prescribed by the State.

7. The Director of the Copyright Agency has the authority to issue and revoke copyright certificates in cases where the holder of the copyright certificate is determined not to be the author or the owner of the work, and in cases where the work does not fall within the scope of protection as prescribed by the law on copyright.

VI. COPYRIGHT SERVICE ORGANIZATIONS

1. Copyright service organizations as stipulated in Article 27 of Decree No. 76/CP are enterprises with the function of operating copyright services and legal advice that have been legally established.

2. Conditions for operating copyright services.

- The head, deputies of the head, and those directly practicing copyright services must be Vietnamese citizens residing in Vietnam, having full civil capacity, and holding a university degree in Law;

- The head, deputies of the head, and those directly practicing copyright services must hold a certificate of training in copyright knowledge issued by the Copyright Agency.

3. Copyright service organizations have the following responsibilities:

- Advising on issues related to legal provisions concerning copyright rights;

- Acting on behalf of the author or owner of the work to apply for a copyright certification according to authorization;

- Participating in other legal relations concerning copyright rights, protecting the legitimate interests of the author and the owner of the work according to authorization.

4. Copyright service organizations may only operate when legally established, and when the head, deputies of such organization, and copyright service practitioners have been issued a copyright representative card.

5. Copyright service organizations shall operate in accordance with the law, based on the establishment license issued by the competent authority, and within the scope of their rights.

6. Copyright service organizations must report and provide information to the Copyright Agency on a six-monthly or annual basis regarding copyright service activities. In case of changes in organizational structure or personnel responsible for managing the copyright service organization, they must promptly report to the Copyright Agency.

7. The Copyright Agency has the authority to issue and revoke copyright representative cards; it also stipulates the use of such cards.

Within three months from the date this Circular takes effect, existing copyright service organizations must complete procedures to obtain copyright representative cards. The Copyright Agency will reissue these cards on a biennial basis.

VII. INSPECTION, AUDIT AND SETTLEMENT OF COMPLAINTS AND REPORTS ON COPYRIGHT VIOLATIONS

1. Pursuant to Article 33 and Article 36 of Decree 76/CP:

a) When an author or owner of a work is infringed upon their copyright or ownership rights, they have the right to request the infringer to cease the violation, apologize, make public correction, and compensate for damages; they can also lodge complaints or reports to the State Inspectorate for Culture and Information (Inspectorate under the Ministry of Culture and Information, Inspectorate under the Provincial Department of Culture and Information) or the People's Court for consideration and resolution according to their jurisdiction.

b) Individuals or organizations, upon discovering acts of infringement on copyright or ownership rights, have the right to submit petitions or reports to the Ministry of Culture and Information (Copyright Agency), Provincial Department of Culture and Information, or other competent state agencies for handling according to the law.

2. The Copyright Agency and relevant departments under the Ministry of Culture and Information, responsible for national management of copyright protection, shall be responsible for:

a) Guiding and inspecting the implementation of legal provisions concerning copyright throughout the country;

b) Responding to complaints and reports related to copyright protection or transferring them to the Inspectorate under the Ministry of Culture and Information, Inspectorate under the Provincial Department of Culture and Information, and other competent state agencies for handling according to the law;

c) Cooperating with Provincial Departments of Culture and Information, Inspectorate under the Ministry of Culture and Information, and relevant agencies to promptly address violations of legal provisions concerning copyright.

3. Provincial Departments of Culture and Information or Provincial Departments of Culture and Sports assist provincial people's committees in implementing national management of copyright protection at the local level and shall be responsible for:

a) Guiding and inspecting the implementation of legal provisions concerning copyright at the local level;

b) Responding to complaints and reports related to copyright protection or requesting other competent state agencies to handle them according to the law;

c) Cooperating with the Copyright Agency, Inspectorate under the Ministry of Culture and Information, and relevant agencies to promptly address violations of legal provisions concerning copyright.

4. Inspectorates under the Ministry of Culture and Information and Inspectorates under Provincial Departments of Culture and Information perform specialized inspection functions in culture and information as stipulated in Article 34 of Decree No. 76/CP.

VIII. IMPLEMENTATION

The Copyright Agency, Provincial Departments of Culture and Information, Inspectorates under the Ministry of Culture and Information, Inspectorates under Provincial Departments of Culture and Information, and entities and individuals related to copyright shall be responsible for implementing this Circular.

This Circular takes effect fifteen days from the date of signature.

Annexes 1, 2, 3, 4, and 5 are attached to this Circular./.