Copyright registration in Vietnam for paintings

Copyright is known to be automatically protected right, however, to prevent abuse, copying, and unauthorized display of works, while ensuring the rights and interests of authors in disputes related to works, the state encourages authors to register copyright. Paintings are one of the types of works protected by copyright according to current laws. Viet An Law hereby published an article about copyright registration in Vietnam for paintings.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.
• Decree No. 17/2023/ND-CP dated April 26, 2023.

What is copyright in Vietnam?

Along with the development of laws in countries around the world on intellectual property, the term copyright is increasingly viewed from a broader perspective. Although there are differences between the regulations of countries around the world on how to define copyright. It can be understood that copyright is a type of legitimate right of creators, which encourages people to participate in activities in the fields of culture, art, and science.

Actual law in Vietnam stipulates that copyright is the right of organizations and individuals to the works they create or own.

What is copyright registration for paintings?

According to the provisions of international treaties and Vietnamese law, the subject who creates paintings is the subject of copyright protection.

With their unique characteristics, paintings are classified as visual works and applied arts, which become a type of work protected by copyright according to the provisions of Article 14 of the Intellectual Property Law.

Copyright registration for paintings is done with the purpose of preventing acts of infringing on painting works such as theft, copying, abuse, illegal display and distribution of paintings. Recording the names of authors on the copyright registration certificate is also an important legal basis to prove the author’s rights to the painting work, protecting the interests of the creator when there are related disputes occur. If the author discovers that someone is using his or her painting, the author has the right to request that person to stop using it and seek compensation for damages. This can only be done when the author has registered the copyright for the painting at the competent state agencies.

Procedures for copyright registration in Vietnam for paintings

Procedures for registering copyright for paintings include the following steps:

Step 1: Prepare documents to register a copyright for paintings

After completing the work, the owner and author proceed to prepare the copyright registration dossier for the painting according to the provisions of the law.

Step 2: Submit an application to register a copyright for paintings:

Application methods include:

• Submit directly to Copyright Offices.
• Submit by mail to the Copyright Office.
• Submit online at the Online Public Service Portal.

Step 3: Evaluate the registration dossier and issue a copyright certificate for the painting:

After receiving the registration dossier, the Copyright Office will review and appraise the dossier and will make decisions corresponding to the following cases:

• If the application meets all requirements, the Copyright Office will issue a Copyright Registration Certificate to the applicant.
• In case the dossier is missing or has errors and needs to be supplemented or adjusted, the Copyright Office will notify the applicant so they can make adjustments. Within the prescribed time, if an individual or organization does not make any changes or additions or has made additional modifications and the file is still invalid, the Copyright Office has the right to return the file to the applicant.
• In case the Copyright Office refuses to issue a copyright registration license for a painting, the Copyright Office must notify the applicant in writing.

Copyright registration dossier for paintings

Dossiers before copyright registration in Vietnam for paintings include:

• Copyright registration declaration: the declaration must be written in Vietnamese and must have all information about the applicant, author, copyright owner, or related owner. The content of the declaration must clearly state the name of the work, type of work, date of completion of the work, summary of the main content of the work, works registered as derivative works, time, place of publication, and commitment of the person making the declaration regarding the accuracy of the information recorded in the declaration.
• Copy of copyright registration work for paintings (02 copies): 02 copies printed on A4 paper with signature or stamp of the author and owner.
• Author’s ID card.
• Power of attorney for Viet An Law to carry out procedures.
• Documents proving the right to apply.
• Written consent of the co-authors in case the work has co-authors.
• Written consent of the co-owners in case the copyright of the painting is jointly owned.

Some questions related to copyright registration for paintings

Is copyright registration dossier for paintings required to be in Vietnamese?

Documents in the copyright registration application for paintings must be made in Vietnamese. In case it is in a foreign language, it must be translated into Vietnamese and notarized/certified.

How long does it take to issue a copyright registration certificate for paintings?

According to current legal regulations, within fifteen (15) working days from the date of receipt of valid documents, the state management agency on copyright is responsible for issuing the Copyright Registration Certificate to the applicant. In case of refusal to issue a Copyright Registration Certificate, the state management agency for copyright must notify the applicant in writing and clearly state the reason.

In case the Copyright Registration Certificate for a painting is lost or damaged, can the applicant be re-issued a Copyright Registration Certificate for the painting?

In case the Copyright Registration Certificate for a painting is lost or damaged, the competent state agency will re-issue the Copyright Registration Certificate. In case of refusal to re-issue the Copyright Registration Certificate, the state management agency of copyright must notify in writing and clearly state the reason to the applicant.

Customers who need advice on copyright registration for paintings, please contact Viet An Company for the best support.