Decree No. 76-CP guiding the implementation of certain provisions on copyright in the Civil Code

DECREE

Guidelines for Implementing Certain Provisions on Copyright in the Civil Code

 ____________________

THE GOVERNMENT

Pursuant to the Law on the Organization of the Government dated September 30, 1992;

Based on the Civil Code of the Socialist Republic of Vietnam dated October 28, 1995;

Based on the Resolution of the National Assembly on the Implementation of the Civil Code dated October 28, 1995;

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

DECREE: 

PART I

GENERAL PROVISIONS

Article 1. This Decree guides the implementation of certain provisions on copyright in Chapter I, Part Six of the Civil Code, hereinafter referred to as the Code.

Article 2. Author:

1. The author is the person who directly creates the whole or part of a literary, artistic, or scientific work.

2. A person who compiles works already published by others into a collection or anthology, arranged according to a specific theme with creative elements, shall be recognized as the author of the collection or anthology. This copyright does not affect the rights of the original work's author.

3. To be recognized as an author, the persons specified in Clauses 1 and 2 of this Article must include their real name or pen name on the published or disseminated work.

4. The translator, adapter, compiler, reviser, or transposer must clearly state the name of the original work's author and may not list their own name alongside the original work's author.

5. Individuals or organizations that provide support, offer opinions, or supply materials for another person to create a work shall not be recognized as authors.

Article 3. Owner of the Work:

1. The owner of the work has the right to transfer part or all of the ownership rights of the work to an individual or another legal entity, but such transfer must be carried out through a written contract. Transferring part of the ownership rights of the work does not affect the remaining portion of the ownership rights.

2. An individual or organization responsible for providing financial resources or decisive conditions for the development of computer software shall be the owner of that software, except where the parties have agreed otherwise.

Article 4. Types of works protected under Article 747 of the Code are understood as follows:

1. Written works expressed in the form of writing or symbols such as novels, novellas, short stories, essays, travelogues, sketches, memoirs, poetry, epic poems, scripts, musical scores, cultural, literary, and artistic research works, and other writings.

2. Lectures and prepared speeches delivered orally but recorded and circulated in written form.

3. Stage works and other forms of artistic performances presented on stage such as plays, music concerts, dance, circus, puppet shows, and similar forms.

4. Film and video works with or without accompanying sound.

5. Radio and television works created to be transmitted to the public via electromagnetic waves.

6. Press works including printed newspapers, radio broadcasts, television programs, in Vietnamese, ethnic minority languages of Vietnam, or foreign languages.

7. Musical works including vocal and instrumental music performed by voice or instrument.

8. Architectural works consisting of design drawings expressing creative ideas about buildings, construction projects, spatial planning, built or unbuilt.

9. Visual art and applied art works including paintings, graphics, sculpture, applied art, or similar forms.

10. Photographic works capturing images of objective objects on light-sensitive material.

11. Scientific works, textbooks, teaching materials in research, teaching, and training fields.

12. Maps, diagrams, charts related to topography, architecture, and scientific works.

13. Translated works, adapted works, revised works, transformed works, compiled works, annotated works, collections, anthologies:

a) Translated works converted from one language to another, from Nom script to Quoc Ngu script.

b) Adapted works created based on the content of existing works.

c) Revised works created based on an original work by changing the mode of expression.

d) Transformed works converted from one form to another.

đ) Compiled works selected according to a theme and may include comments or evaluations.

e) Annotated works clarifying the meanings of some words, sentences, or place names in existing works.

g) Collections compiling works or articles selected from one or more authors.

h) Anthologies selected from multiple works of multiple authors according to a specific requirement.

14. Computer software includes computer programs, program description documents, supporting documents, and databases.

Article 5. Publication and Dissemination of Works:

Publishing and disseminating works means presenting the works to the public in the form of presentations, exhibitions, publications, performances, broadcasting, and other forms.

Article 6. Time of Arising of Copyright:

Copyright in a work arises at the moment the work is expressed in a definite material form, regardless of whether the work has been published or not, registered for protection or not.

Article 7. Right to Request Protection:

Authors or owners of works specified in Article 747, performers, organizations producing audio tapes, audio discs, video tapes, video discs, broadcasting and television organizations specified in Articles 775, 777, and 779 of the Code have the right to request competent state agencies to protect their rights when they are infringed upon.

PART II

RIGHTS OF AUTHORS AND RIGHTS OF OWNERS OF WORKS

Article 8. Rights of authors who are also owners of the works:

1. The moral rights of the author specified in Points c and d, Clause 1 of Article 751 of the Code can be transferred to others. Such transfer must be carried out through a written contract.

2. The author's rights to publish and disseminate the work or allow others to publish and disseminate the work specified in Point c, Clause 1 of Article 751 of the Code are implemented in the following forms:

a) Publishing, reprinting, copying the work.

b) Performing or exhibiting the work to the public.

c) Transmitting the work to the public by any means or method.

d) Distributing the work or copies of the work by selling, renting, or other means.

đ) Importing copies of their own work from abroad into Vietnam.

3. The rights of the author to permit or prohibit others from using the work specified in point d, Clause 1, Article 751 of the Code shall be implemented with respect to the following forms:

a) Reproducing the work in any form.

d) Translating, adapting, compiling, revising, and transforming.

4. The payment of royalties, remuneration, or other material benefits that the author is entitled to under the provisions of Clause 2, Article 751 of the Code shall be determined through a contract between the author and the individual or organization using the work.

Article 9. Rights of the owner of the work who is not also the author:

1. The provisions of Clauses 1, 2, and 3 of Article 8 of this Decree shall also apply to the personal rights of the owner of the work who is not also the author as stipulated in Clause 1, Article 753 of the Code.

2. The provisions of Clause 4, Article 8 of this Decree shall also apply to the property rights of the owner of the work who is not also the author as stipulated in Clause 2, Article 753 of the Code.

Article 10. Rights of co-authors:

For works created by co-authors as provided for in Clause 1, Article 755 of the Code, the use and disposition of the work must be agreed upon by all co-authors; if any co-author has died, then the agreement must be made by the heirs of that co-author.

Article 11. Rights of the author of a translation, adaptation, compilation, revision, or transformation:

In cases where an individual or organization creates a new work based on a translation, adaptation, compilation, revision, or transformation of another person's work, they must obtain the consent of the author or the owner of the work.

The request for permission and payment of remuneration to the author or the owner of the work of translation, adaptation, compilation, revision, or transformation must be carried out through a contract.

Article 12. Forms of use of the work without requiring permission or payment of remuneration:

1. Reproducing the work for personal use as provided for in point a, Clause 1, Article 761 of the Code shall not exceed one copy.

2. The quoted portion of another person's published work as provided for in points b, c, d, Clause 1, Article 761 of the Code shall not become the main part of the new work; this quoted portion is limited to introducing, commenting, or clarifying issues within their own work and must clearly state the name of the author and the source of the quoted work.

3. The translation of a work from Vietnamese into a minority ethnic language of Vietnam and vice versa as provided for in point e, Clause 1, Article 761 of the Code only applies to works originally in Vietnamese or a minority ethnic language.

4. Public performances as provided for in point g, Clause 1, Article 761 of the Code only apply to performances that do not charge admission fees in any form.

Article 13. Succession of copyright:

1. In cases of succession of copyright according to the law, those successors in the same generation have equal rights in the use and disposition of the work. The use and disposition of the work must be agreed upon by all successors; if they cannot agree, they may request the court to resolve the matter.

In cases of succession of copyright according to a valid will, if there are multiple successors inheriting according to the will, these successors may use and dispose of the work within the specific scope defined in the content of the will. If the content of the will does not specify the scope of the use and disposition of the work for each successor, the use and disposition of the work must be agreed upon by all successors according to the will; if they cannot agree, they may request the court to resolve the matter.

2. In cases where the author or co-author has no successor, the successor refuses to accept the inheritance, or is not entitled to inherit, the property rights of the author belong to the State.

The Ministry of Culture and Information shall be responsible for prescribing and guiding the use of such works and the method of paying remuneration.

Article 14. Term of protection of copyright:

1. The end date of the 50-year term of protection of copyright as provided for in Clauses 2 and 3, Article 766 of the Code is calculated up to December 31 of the 50th year.

2. The end date of the 50-year term of protection for cinematographic works, radio and television works, video works, and literary works; for the rights of organizations producing sound recordings, phonograms, audiovisual recordings, and broadcasting organizations as provided for in Clause 4, Article 766, Articles 777 and 779 of the Code is December 31 of the 50th year counted from the first publication date of the work.

3. Any transfer of the personal rights provided for in points c and d, Clause 1, and the property rights provided for in points a, b, and c, Clause 2, Article 751 of the Code must not exceed the term of protection prescribed by law.

CHAPTER III

CONTRACT FOR THE USE OF WORKS

Article 15. Contract for the use of works:

1. The contract for the use of works must be concluded in accordance with the provisions of Articles 767 and 768 of the Code and must follow the model contract for the use of works issued by the Ministry of Culture and Information.

2. The conclusion of a contract for the use of works by co-authors must be agreed upon by the co-authors or the persons to whom the rights of the co-authors have been transferred with the user regarding the contents stipulated in Article 768 of the Code. All co-authors or persons to whom the rights of the co-authors have been transferred and the user must sign the contract.

Article 16. Obligations of the author, owner of the work:

1. Must deliver the work to the user to publish and disseminate the work according to the agreed deadline in the contract.

2. During the validity period of the contract, the author or owner of the work may not transfer the entire or part of the work to another individual or organization for publication and dissemination without the written consent of the user, except in cases where both parties have agreed otherwise.

Article 17. Obligations of the user of the work:

1. Within thirty days from the date the author or owner of the work delivers the work to the user, the user must notify the author or owner of the work in writing whether the work has been accepted or not, except in cases where both parties have agreed otherwise.

In case the work needs to be revised or completed according to the author's or the work owner's requirements, the time for delivering the final manuscript shall be agreed upon by both parties.

2. Without the author’s written consent, the user of the work may not change the author’s name, the content of the work, the foreword, the epilogue, the annotations, or the illustrations of the work.

3. The user of the work must comply with all agreements stipulated in the contract regarding the publication and dissemination time of the work, the form of use, the scope of use of the work, the remuneration or compensation amount, payment time, and payment method.

Article 18. Circumstances for terminating the contract:

1. The author or the work owner has the right to terminate the contract and claim damages if the work user fails to comply with the provisions set forth in Clauses 1, 2, and 3 of Article 771 of the Civil Code and the provisions set forth in Clauses 2 and 3 of Article 17 of this Decree.

2. The work user has the right to terminate the contract and demand compensation from the author or the work owner in the following cases:

a) The work is not protected by the State as provided for in Article 749 of the Civil Code.

b) The author or the work owner does not transfer the work as stipulated within the time limit specified in the contract.

c) The author or the work owner refuses to fulfill the agreements made between the two parties in the contract.

PART IV

RIGHTS AND OBLIGATIONS OF THE PERFORMER OF ORGANIZATIONS PRODUCING AUDIO TAPE, AUDIO DISK, VIDEO TAPE, VIDEO DISK, RADIO, AND TELEVISION BROADCASTING

DISKS OF SOUND RECORDINGS, FILM STRIPS, VIDEO DISKS, RADIO AND TELEVISION ORGANIZATIONS

Article 19. The obligations of the performer as stipulated in Article 774 of the Civil Code are further clarified in the following circumstances:

When using another person's unpublished work for performance, written consent from the author or the work owner must be obtained. Payment of remuneration must be carried out according to the agreement between the performer and the author or the work owner.

Article 20. The rights of the performer as stipulated in Article 755 of the Civil Code are further clarified in the following circumstances:

1. The performer has the right to receive remuneration from others' use of their performance program to produce audiovisual products for commercial purposes or to build radio and television programs for broadcasting as provided for in Clauses 3 and 4 of Article 775 of the Civil Code.

2. When an individual or organization infringes on the rights stipulated in Article 775 of the Civil Code, the performer has the right to file a complaint with the competent state authority to consider and resolve the matter.

Article 21. Obligations of organizations producing audio tapes, audio disks, video tapes, video disks, and radio and television broadcasting organizations:

1. The provisions of Articles 776 and 778 of the Civil Code also apply to organizations producing audiovisual products in tape, disk, or other current or future technologies.

2. When using another person's unpublished work to produce audiovisual products, written consent from the author or the work owner must be obtained. Payment of royalties or remuneration to the author or the work owner must be carried out according to the signed agreement with the author or the work owner.

3. When using a performance program or audiovisual product to build a radio or television program, the radio and television broadcasting organization must pay remuneration to the performer or the organization that produced the product.

Article 22. Rights of organizations producing audio tapes, audio disks, video tapes, video disks of radio and television broadcasting organizations:

1. The rights of organizations producing audio tapes, audio disks, video tapes, video disks as stipulated in Point a Clause 1 of Article 777 and Article 779 of the Civil Code include the right to permit or prohibit others from reproducing their products and the right to permit or prohibit others from distributing their products.

2. When an individual or organization infringes on the rights stipulated in Articles 777 and 779 of the Civil Code, the organizations producing audio tapes, audio disks, video tapes, video disks, and radio and television broadcasting organizations have the right to file a complaint with the competent state authority to consider and resolve the matter.

CHAPTER V

REGISTRATION OF COPYRIGHT AND WORK OWNERSHIP RIGHTS

Article 23. Individuals or organizations that are authors, co-authors, or owners of works have the right to submit an application to register the protection of copyright and work ownership rights.

Article 24. 1. Contractors must submit a registration form to the Ministry's High-Quality Project Selection Council (headed by the Department of Science and Technology and Product Quality) before commencing construction of the project.

1. Authors, co-authors, or owners of works who wish to register copyright and work ownership rights must submit an application for registration requesting protection according to the form issued by the Ministry of Culture and Information.

2. The applicant must present necessary documents and papers proving their status as the author, co-author, or owner of the work and pay the registration fee as prescribed. The author, co-author, or owner of the work may authorize another individual or legal entity to handle the registration procedures; the power of attorney must be certified by a Notary Public or authenticated by the People's Committee of the commune, ward, or town where the author, co-author, or owner of the work resides.

3. In the case of heirs applying for registration, they must present documents proving their legitimate status as heirs.

Article 25. Issuance of Copyright Registration Certificate:

1. The Copyright Office examines and reviews the contents of applications for registration requesting protection.

2. After examination, if it is found that the conditions and documents are valid as prescribed in Article 24 of this Decree, the Copyright Office will issue a Copyright Registration Certificate to the author, co-author, or owner of the work.

3. The registration of copyright and work ownership rights and the issuance of the Copyright Registration Certificate must be recorded in the Copyright Registration Book kept by the Copyright Office.

Article 26. Time Limit for Issuing the Copyright Registration Certificate:

1. Within ten days from the date the author or the work owner submits the application for registration, the Copyright Office is responsible for examining and issuing the Copyright Registration Certificate.

2. If the Copyright Office finds that the application for registration does not meet the conditions and valid documents as prescribed in Article 25 of this Decree, it has the right to refuse to issue the Copyright Registration Certificate and must notify the applicant in writing.

3. In case the applicant disagrees with the Copyright Office's refusal to issue a Copyright Certificate, they have the right to appeal to the Minister of Culture, Sports and Tourism.

4. Those who have rights or interests related to the matter may appeal if they discover that the Copyright Office has issued a Copyright Certificate to an incorrect entity, and may request the Copyright Office to carry out procedures for revocation.

Article 27. A copyright service organization is a business registered under the law and permitted by the Copyright Office to provide services for conducting registration procedures and submitting applications to protect authors' rights and work ownership rights based on authorization from the author, co-authors, or work owners.

The regulations on issuing and revoking the License for Copyright Service Business Operations shall be stipulated by the Ministry of Culture, Sports and Tourism.

Article 28. The rights of foreign nationals and foreign legal entities shall be regulated by the Government in another document.

Chapter VI

STATE MANAGEMENT OF COPYRIGHT PROTECTION

Article 29. State management of copyright protection:

The Government exercises unified state management over copyright protection nationwide. The Ministry of Culture, Sports and Tourism is the governmental agency responsible for state management of copyright protection, with the tasks and powers:

1. To develop policies and guidelines for copyright protection.

2. To promulgate legal documents on copyright protection within its authority, or to submit such documents to the Government, the Standing Committee of the National Assembly, or the National Assembly for promulgation.

3. To implement or coordinate with relevant ministries and sectors in protecting copyrights for literary, artistic, and scientific works.

4. To implement or coordinate with relevant ministries and sectors in inspecting, investigating, handling appeals and complaints, and dealing with copyright violations within their authority.

5. To cooperate internationally in the field of copyright.

Article 30. The Copyright Office is responsible for assisting the Ministry of Culture, Sports and Tourism in implementing state management of copyright protection, with functions and responsibilities:

1. Drafting projects for Laws, Ordinances, Decrees, and other regulatory documents on copyright protection.

2. Registering copyright protection for individuals and organizations both domestically and abroad; issuing and revoking Copyright Certificates and Licenses for Copyright Service Business Operations.

3. Guiding provincial Departments of Culture, Sports and Tourism in implementing state management of copyright protection at the local level.

4. Organizing and implementing cooperation with foreign countries and international organizations regarding copyright.

5. Conducting propaganda and dissemination of laws on copyright protection and carrying out information activities on copyright protection.

Training professionals on copyright protection for staff of relevant central and local agencies.

Article 31. The Ministry of Science and Technology collaborates with the Ministry of Culture, Sports and Tourism to guide copyright protection activities in the scientific field, including computer software, including guiding the procedures for verifying the authenticity of copyright and work ownership rights for scientific works, textbooks, teaching materials, and computer programs before registering for copyright protection at the Copyright Office.

Article 32. Provincial People's Committees directly under the Central Government are responsible for supervising the implementation of laws on copyright protection at the local level.

Provincial Departments of Culture, Sports and Tourism assist Provincial People's Committees directly under the Central Government in implementing laws on copyright protection at the local level.

Article 33. Disputes and violations of copyright are resolved through administrative, civil, or criminal proceedings.

Article 34. Functions of the Specialized Inspectorate of Culture, Sports and Tourism in handling disputes and violations of copyright:

1. The Specialized Inspectorate of Culture, Sports and Tourism under the provincial Department of Culture, Sports and Tourism or the Specialized Inspectorate under the Ministry of Culture, Sports and Tourism is responsible for handling and resolving disputes and violations of copyright.

2. Authors or owners of works can request the Specialized Inspectorate of Culture, Sports and Tourism to handle and resolve disputes when their rights are infringed upon by individuals or organizations.

3. The Specialized Inspectorate of Culture, Sports and Tourism has the authority to impose administrative penalties within its jurisdiction.

Article 35. Authors or owners of works have the right to request protection against the following actions carried out without their consent.

1. Publishing, disseminating works; performing stage works; broadcasting films, video tapes; recording audio, video or live broadcasts from performance venues, except as provided in point h, Clause 1, Article 761 of the Civil Code.

2. Adding, deleting, or modifying the content of works.

3. Producing counterfeit graphic works for sale or personal use.

4. Incorporating the content of others' works into their own works.

5. Reproducing, assembling radio, television programs, audio tapes, audio discs, music tapes, music discs, video tapes, video discs, films, computer programs for commercial purposes.

6. Translating, adapting, revising, or transforming works.

Article 36. Procedures for requesting protection:

1. Individuals or organizations whose copyrights have been violated must submit a complaint detailing the incident to the Specialized Inspectorate of Culture, Sports and Tourism at the provincial or municipal level or the Specialized Inspectorate of the Ministry of Culture, Sports and Tourism.

2. Supporting documents necessary to prove the validity of the complaint should be attached to the complaint.

3. The Specialized Inspectorate of Culture, Sports and Tourism is responsible for resolving complaints and responding to the parties involved within thirty days from the date of receipt of the complaint.

Chapter VII

IMPLEMENTING PROVISIONS

Article 37. The Ministry of Culture, Sports and Tourism shall guide the implementation of this Decree.

Article 38. The Ministry of Culture, Sports and Tourism shall collaborate with relevant agencies to guide provisions on the protection of architectural works.

Article 39. This Decree takes effect from the date of issuance.

Article 40. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree./.