Copyright registration in Vietnam for scientific works

In an era of increasingly developing society, protecting one’s own rights is gradually receiving more attention, especially shown by the increase in the number of scientific works registered for copyright. However, copyright registration in Vietnam for scientific works is one of the difficulties that many clients have been encountering. Viet An Law hereby provides an article on copyright registration for scientific works below.

Legal basis

• Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, 2022.

• Decree 17/2023/ND-CP guiding the Intellectual Property Law on copyright and related rights.

What is copyright registration 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, thereby encouraging people to participate in activities in the fields of culture, art, and science.

Actual law in Vietnam stipulates that copyright (or in Vietnamese legal terminology called copyright) is the right of organizations and individuals to the works they create or own.

Copyright registration is understood as an administrative procedure conducted by the author or owner of the work submitting copyright registration documents to the registration agency to record intellectual property rights for the registered work. sign. When the Copyright Office issues a registration certificate, the author and owner of the work will have the exclusive right to use the registered work in the territory of Vietnam.

According to the provisions of Clause 1, Article 6 of the Intellectual Property Law, copyright registration is not mandatory. Immediately after the work is completed and the work is expressed in a certain form, the copyright still remains. will arise from that time even though copyright registration procedures have not yet been carried out.

According to the provisions of international treaties in general and Vietnamese law in particular, the creator of scientific works is the subject of copyright protection.

What is a scientific work?

Scientific works are the result of creative activities in natural science research, social sciences, and politics including articles and research works.

Copyright registration in Vietnam for scientific works

Procedures for registering copyright for scientific works include the following steps:

Step 1: Prepare documents to register a copyright for scientific works

After completing the work, the owner and author proceed to draft the copyright registration dossier for the scientific work according to the provisions of the law. It prepares documents to establish the owner’s legal ownership rights and the actual creation process of the work.

Step 2: Submit an application for copyright registration for scientific works

Application submission methods include the following :

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

Authors, copyright owners, and related rights owners can directly or authorize other organizations or individuals to submit a copyright registration application at the Copyright Office headquarters in Hanoi. Clients in the Southern and Central provinces, when needed, can register at the Copyright Office transaction offices in Ho Chi Minh City and Da Nang.

Copyright registration documents can be submitted directly or by post to one of the three addresses mentioned above. However, to avoid unnecessary problems and in case of conditions, the applicant should still submit the copyright registration application directly to the above agencies.

Step 3: Examination the registration dossier and issue a copyright certificate for scientific works

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

• Within 15 working days from the date of receipt of the submitted application and valid acceptance by the Copyright Office, the Copyright Office shall 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 grant a copyright registration license for a scientific work, the Copyright Office must notify the applicant in writing.

Note: Clients can shorten the time to consider granting a Copyright Registration Certificate for scientific works to 7 – 10 days when clients use consulting services and submit applications for registration on behalf of representatives of Viet An Law Firm.

Copyright registration documents for scientific works

Copyright registration dossiers for scientific works include:

• Copyright registration declaration.
• Copy of copyright registration for scientific works (02 copies): 02 copies printed on A4 paper with the signature or seal 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 a scientific work is jointly owned.

Note: The copyright registration declaration must be written in Vietnamese and must contain 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, a summary of the main content of the work, works registered as derivative works, and time and place of publication and commitment of the person making the declaration regarding the accuracy of the information recorded in the declaration.

Some questions related to copyright registration in Vietnam for scientific works

How long is the time limit for granting copyright registration certificates for scientific works?

According to current legal regulations, within fifteen working days from the date of receipt of valid documents, the state management agency on copyright is responsible for issuing a Copyright Registration Certificate to the copyright owner. submit. 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.

How much is the copyright registration fee?

The registration fee is a fee that the author and owner of the work will have to pay to the registration agency (Copyright Office) and depending on the type of work, there will be different ways of calculating the fee.

Pursuant to Article 4 of Circular 211/2016/TT-BTC, the fee for scientific works is stipulated as follows: The cost for copyright registration is 100,000 VND applicable to scientific works.

Clients who need advice on copyright registration in Vietnam, please contact Viet An Law for the best support.