Copyright registration in Vietnam for textbooks

Textbooks play an extremely important role in education, not only bringing knowledge to students but also influencing the awareness of the younger generation. Due to the importance of textbooks, how textbooks are copyrighted is something that many clients are interested in. Viet An Law hereby offers an article on copyright registration in Vietnam for textbooks.

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?

Actual law in Vietnam stipulates that copyright (often called copyright according to the Anglo-American legal system) is the right of organizations and individuals to the works they create or own.

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 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 subject who creates textbooks is the subject of copyright protection.

What is the copyright of textbooks?

A textbook is a published, concretized work requirement of the general education program and approved by the Minister of Education and Training, allowing use as official teaching materials in general education establishments.

Pursuant to Article 14 of the Intellectual Property Law, which regulates types of works protected by copyright, textbooks are a type of work protected according to the law on intellectual property.

Procedures for registering copyright for textbooks

Procedures for registering copyright for textbooks include the following steps:

Step 1: Prepare documents to register copyright for textbooks

After completing the work, the owner and author proceed to prepare the copyright registration dossier for the textbook 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 copyright registration application for textbooks

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.

Step 3: Examination the registration application and grant a copyright certificate for the textbook

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 submitter. file.
• In case the Copyright Office refuses to issue a copyright registration license for a textbook, the Copyright Office must notify the applicant in writing.

Note: Clients can shorten the time to consider granting a Copyright Registration Certificate for textbooks to 07 – 10 days when clients use our consulting services and representatives submit registration applications. Viet An Law Firm.

The fee of copyright registration in Vietnam for textbooks

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 stipulates the fee for copyright registration for textbooks as follows: The cost for copyright registration is 100,000 VND/certificate.

Copyright registration dossiers for textbooks

Copyright registration documents for textbooks include:

• Copyright registration declaration according to the form of the Copyright Office;
• Copies of works registered for copyright ( 02 copies): 02 copies printed on A4 paper with the 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.
• Declaration of the author’s independent creation of the work, not violating anyone’s copyright.

In case the registrant is not also the author (organization, company), the application requires the following documents:

• Power of attorney for Viet An Law to carry out procedures.
• Copy of identity card of the author/authors of the work;
• Certificate of transfer of ownership of the work from the author/authors to the owner of the work (in case of transfer of rights from another party);
• Copy of enterprise registration certificate or establishment decision (in case the registered owner is a legal entity)
• Declaration of the author/authors independently creating the work, not violating anyone’s copyright;
• Copyright registration application according to the form of the Copyright Office;
• Other information: author’s pen name; Address; Phone and fax numbers of the author and owner of the work.

Copyright registration declaration for textbooks

The copyright registration declaration for textbooks is made according to form No. 07, Circular No. 08/2023/TT-BVHTTDL.

Some related questions

How long is the deadline for issuing copyright registration certificates for textbooks?

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 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.

What is the term of copyright registration in Vietnam for textbooks?

The term of copyright protection for textbooks is as follows:

• Moral rights specified in Clauses 1, 2, and 4, Article 19 of the Intellectual Property Law are protected indefinitely.
• Moral rights specified in Clause 3, Article 19 and property rights specified in Article 20 of the Intellectual Property Law have a protection term of the author’s entire life and fifty years following the year of the author’s death; In case a work has a co-author, the term of protection ends in the fiftieth year after the year the last co-author dies.

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