How to register the software copyright in Vietnam?

With the 5.0 revolution unfolding in the trend of focusing on the “cooperation” between humans and machines, human intelligence working in harmony with “cognitive computing”, the software industry today plays an increasingly important role in all activities of social life. To help authors and software owners have a complete view of computer software copyright registration, Viet An Law Firm will summary legal contents related to computer software copyright registration & other copyright registration in Vietnam as follows:

Legal documents for implementing procedure register computer software copyright

• The law on intellectual property 2005, amended 2009
• Decree no 22/2018/NĐ-CP February 23, 2018

Some questions relevant to procedures register software copyright

Who has the right to register computer software copyright?

As stipulated in Article 14 of the Law on intellectual property that authors and copyright owners have the right to register software copyright. In accordance, Authors and the copyright owners can be registered software copyright in Viet Nam including Vietnamese organizations and individuals; foreign organizations, and individuals. However, when individuals, organizations are foreign implementing register software copyright in Viet Nam has to implement procedure through a copyright representative organization in Viet Nam such as Viet An Law Firm.

Is the software copyright register is an obligation?

The laws are not obligate the author, software owner registered software copyright but the author, software owner should register copyrights for their software. Because when issued the copyright registration certificate, the software owner or author will not be obliged to prove that the copyright belongs to them in the event of a dispute, unless there is evidence to the contrary.

Where is the software copyright registration certificate valid in?

Intellectual property rights in general, Copyright authors in particular are limited to the national territory. In accordance, if the authors, the software owner has been issued a software registration certificate, it will be protected throughout the entire territory of Vietnam.

The reason for register software copyright

• Although the registration of software copyright (computer program) is not an obligation it is the basis for determining when copyright arises, the owner’s rights to computer software. Copyright registration of computer software is an effective solution to maximize the protection of copyright, related rights, and legal ownership of software owners.
• The authors, the owner of Work issued the author copyright registration certificate shall not bear the burden of proving such copyright or related rights in a dispute unless contrary proof is tendered.
• The computer software registration certificate copyright is the basis for proving who created the software before a dispute occurs.
• In addition, currently, sometimes some software companies have conflicts between software authors and software owners, which means between the employees and the company. The computer software registration certificate is a basis of identification of the right between the author of the software creator and the software owner who is the company.
• Therefore, implementing procedure register copyright for computer software to protect the legitimate interests of the author and owner and minimize risks arising in the future.

The documents for register computer software

• Authorization Letter (according to t0 Viet An Law Firm’s Form)
• Identity card’s Author (Notarized copy)
• The commitment of the Author about the process of creating software (Viet An law firm drafted according to the information provided by Clients)
• The document consent of the co-authors (if there are many authors) (Viet An law firm drafted according to the information provided by the Client).
• The document consent of the co-owner (if there are many owners) (Viet An law firm drafted according to the information provided by the Client).
• The Business Registration Certificate (Notarized copy)
• Code printout;
• The software operating description;
• Two (02) CDs of software content: Computer software (installation version); A written description of the software; Computer software code sets;
• The copyright purchase contract and the documented consent for the registration of arising software works (if any);

In addition to the above documents, when registering a computer software copyright, the author and the software owner need to provide the following additional information:

• Time for software completion (this information is very essential to avoid dispute in the future if any);
• Software announce information: Where has the software been published? If announced, clearly state the time of publication, a form of publication…

Time for register software copyright

Registration time: 15-20 working days

The term of copyright protection for software

• Moral rights of authors including To give titles to their works; The right to attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used; To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honor and reputation of the author protected indefinitely;
• The right to publish their works or to authorize other persons to publish their works and assets rights have protection time as follows: The software copyright registration certificate is protected for the whole life of the author and fifty (50) years after his or her death. In the case of a work of joint authors, the term of protection shall expire in the fiftieth year after the death of the last surviving co-author;

Steps implementing register the computer software copyright

• Step1: Clients provide the information such as above to Viet An Law Firm;
• Step 2: Viet An Law Firm will draft documents and transfer them to Clients to sign;
• Step 3: Clients transfer the documents again to Viet An Law Firm;
• Step 4: Viet An Law Firm will represent submit the documents at Copyright Office
• Step 5: After 15 – 20 working days of receiving the result is the computer software registration certificate, returning to the Clients, and liquidating the service.

Competent authority to register software copyright in Vietnam

The Copyright Office

Viet An Law Firm provides legal services related to computer software copyright registration, if the Client takes care, please contact directly for the best consulting and assistance.