Directive No. 36/2008/CT-TTg on Strengthening Management and Enforcement of Copyright and Related Rights Protection

DIRECTIVE

On Strengthening Management and Enforcement of Copyright and Related Rights Protection

In recent years, activities to protect copyright and related rights have been given special attention by the State. Research, construction, improvement, and enforcement of laws have made significant progress. The rights and legitimate interests of subjects have gradually been protected. Some ministries, sectors, and localities have implemented specific and effective programs for enforcement. Many individuals and organizations with rights have applied measures to self-protect their rights. Collective management organizations for copyright and related rights have been established and have begun to engage in positive and encouraging activities.

However, violations of copyright occur in almost all fields with various forms and degrees, particularly in music, literature, computer programs, sound recordings, video recordings, broadcasting programs, digital technology... This situation causes losses and negative impacts on creative activities, investment environment, economic-cultural-social development of the country, and the process of international economic integration.

The main cause of the aforementioned situation is due to limited understanding, knowledge, especially the lack of strict compliance with copyright and related rights laws among many organizations and individuals exploiting and using these rights; the system for enforcing copyright and related rights at all levels of government has not met the requirements for protection as stipulated by law.

To continue to strictly and effectively implement Vietnam's legal provisions and international commitments regarding copyright and related rights, the Prime Minister instructs:

1. Ministers, Heads of agencies equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government shall be responsible for:

a) Directing the implementation in a resolute manner and applying specific measures to protect the copyright and related rights of subjects within their jurisdictional management.

Developing plans to enforce the protection of copyright and related rights in their respective ministries, sectors, and localities. Strengthening regular and surprise inspections of subordinate units in the execution of copyright and related rights laws, and strictly handling violations according to legal provisions;

b) Assigning tasks to a suitable unit to advise, direct, and guide subordinate units to fulfill their legal obligations when using works, performances, sound recordings, video recordings, broadcasting programs within their authority;

c) Creating favorable conditions and supporting collective management organizations for copyright and related rights in exercising their rights as prescribed by law, particularly in licensing, collecting, and distributing remuneration for the use of works, performances, sound recordings, video recordings, broadcasting programs; supervising the activities of these organizations within their authority;

d) Promptly issuing documents to implement state management tasks concerning copyright and related rights as stipulated in Clause 2, Article 7, Decree No. 100/2006/NĐ-CP dated September 21, 2006 of the Government detailing and guiding the implementation of certain provisions of the Civil Code and the Law on Intellectual Property regarding copyright and related rights;

đ) Within their authority, proactively and actively coordinating with the Ministry of Culture, Sports and Tourism to implement copyright and related rights protection activities in their respective ministries, sectors, and localities, particularly advisory, promotional, educational, law enforcement, inspection, and violation handling activities;

2. The Ministry of Culture, Sports and Tourism shall be responsible for:

a) Further strengthening inspection, supervision, detection, and timely and severe handling of cases violating copyright and related rights laws;

b) Organizing a comprehensive inspection of the enforcement of copyright and related rights laws in production, business, and related service activities nationwide in the first quarter of 2009, proposing necessary measures to enforce the law, and reporting to the Prime Minister in the second quarter of 2009. Focusing on areas with many violations causing serious damage to organizations, individuals, and related investors. Coordinating with judicial, prosecution, and other investigative agencies in investigating and promptly and severely handling violations of copyright and related rights laws;

c) Increasing human resources, material infrastructure, equipment, and favorable conditions for copyright and related rights management and enforcement agencies under the Ministry; organizing training and capacity building for core staff engaged in copyright and related rights management and enforcement nationwide;

d) Taking the lead and coordinating with the Ministry of Justice to continue researching and improving copyright and related rights laws;

đ) Promoting activities to promote, disseminate, and educate about copyright and related rights laws; publishing specialized books and magazines on copyright and related rights;

e) Directing hotel systems and entertainment venues to strictly fulfill their obligation to pay royalties when using works, sound recordings, video recordings, and broadcasting programs;

g) Directing the Vietnam Musicians Association, the Vietnam Writers' Association, and the Vietnam Audio Recording Industry Association to develop a Proposal "Strengthening Management and Effective Enforcement of Laws Protecting Copyright and Related Rights" in each specialized field, to be submitted to the Prime Minister for approval;

Supporting and creating favorable conditions for the establishment and operation of other collective management organizations.

3. The Ministry of Finance shall be responsible:

a) Taking the lead and coordinating with relevant ministries and sectors to allocate state budget funds, guiding the preparation of budget estimates for purchasing copyrights in agencies and units receiving state budgets;

b) Directing customs forces to apply measures to prevent the import and export of goods violating copyright and related rights laws; focusing on inspecting and handling illegal imports and exports of computer programs, sound recordings, and video recordings.

4. The Ministry of Industry and Trade directs market management forces to inspect and strictly handle organizations and individuals circulating goods on the domestic market that violate copyright and related rights laws.

Directing and inspecting commercial trading establishments, restaurants, supermarkets, shops, karaoke business premises to fulfill their obligation to pay copyright fees according to agreements when using works, sound recordings, audiovisual recordings, broadcasting programs.

5. The Ministry of Information and Communications shall be responsible for:

a) Taking the lead and coordinating with the Ministry of Culture, Sports and Tourism to develop regulations on the responsibilities of Internet service providers, telecommunications services, and other intermediary services related to copyright and related rights;

b) Guiding organizations and individuals participating in the application and development of information technology to comply with legal provisions on copyright and related rights. Directing, guiding, and inspecting units under the ministry to fulfill their obligations to apply for permission, pay for the use of works, performances, sound recordings, audiovisual recordings, broadcasting programs, and other related legal obligations;

c) Directing news agencies and press to publicize laws and enforcement activities regarding copyright and related rights.

6. The Ministry of Public Security shall direct the application of measures to strengthen inspection and combat violations of laws on copyright and related rights; promptly and effectively prevent acts of infringement in production, business, import, export, storage, circulation of goods and services concerning copyright and related rights.

7. The Ministry of National Defense shall direct border guard forces to regularly strengthen patrol, control, and handle all acts of storing and transporting goods infringing copyright and related rights across borders.

Border guard forces shall cooperate with customs at border gates to effectively prevent the import and export of goods infringing copyright and related rights.

8. The Ministry of Foreign Affairs shall direct and guide Vietnamese diplomatic missions abroad to collect information on the protection of copyright and related rights to support and advise Vietnamese organizations and individuals in transactions related to copyright and related rights; assist Vietnamese organizations and individuals in protecting their legitimate rights and interests concerning copyright and related rights exploited and used abroad; work with competent authorities in foreign countries to prevent acts infringing the legitimate rights and interests of Vietnamese organizations and individuals.

9. The Ministry of Education and Training shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism to promote teaching about copyright and related rights in university, college, and vocational high school curricula.

10. Central and local press agencies shall be responsible for:

a) Strictly fulfilling legal obligations towards authors, performers, producers of sound recordings and audiovisual recordings, broadcasting organizations when exploiting their rights;

b) Strengthening publicity, dissemination, and education on laws concerning copyright and related rights; opening special sections to introduce laws on copyright and related rights; organizing contests to understand copyright and related rights.

11. Organizations and individuals, especially state agencies, mass organizations, state-owned enterprises must set an example in fulfilling legal obligations when using works, performances, sound recordings, audiovisual recordings, broadcasting programs.

12. Collective management organizations of copyright and related rights must strive to operate professionally, having sufficient specialized staff knowledgeable about the law, adequate expertise, and skills to perform their functions and duties effectively; publicly and transparently collecting and distributing copyright fees.

13. In accordance with the guidance of the Ministry of Culture, Sports and Tourism, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial and centrally-administered city People's Committees shall regularly submit annual reports on the implementation of legal provisions on copyright and related rights to the Ministry of Culture, Sports and Tourism for consolidation and reporting to the Prime Minister.

14. The Minister of Culture, Sports and Tourism shall be responsible for monitoring, urging, and inspecting the implementation of this Directive and consolidating reports to the Prime Minister on results and difficulties encountered during implementation, recommending measures for resolution. By the first quarter of 2010, a summary of one year's implementation of this Directive shall be reported to the Prime Minister.

15. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial and centrally-administered city People's Committees shall be responsible for implementing this Directive./.