Copyright in Vietnam

Copyright registration means that an author or owner of a work submits a dossier to the Copyright Office to issue a copyright registration certificate for a work in order to record information about the author or work.

Legal basis

• Law on Intellectual Property 2005, revised in 2009, 2019, 2022.
• Decree No. 22/2018/ND-CP dated February 23, 2018.
• Decree No. 17/2023/ND-CP dated April 26, 2023

The basis for the arising of copyright

Copyright automatically arises from the moment a work is created in a certain material form, regardless of content, quality, form, medium, language, published or unpublished, registered or unregistered. Accordingly, copyright is protected when two conditions are satisfied:

Fixation

Expressed in a certain physical form.

Originality

It is understood that the work is created by the author himself.

The important of copyright registration in Vietnam

• Copyright registration is an effective measure to protect one’s legitimate rights and interests when there is an infringement and is the basis for proving the time when rights arise.
• Copyright registration is to ensure the creators of the work against acts of unauthorized use of the work such as: stealing, copying, abusing that work.
• In the event of a dispute, a Copyright Registration Certificate is the best proof of the author’s ownership of the work.
• If the author discovers that an unauthorized user of his work is being made, the author may request that user to discontinue use and may seek compensation for damages. This is only possible when the author has registered the copyright.
• A certificate of copyright is a document proving ownership of a work, used when valuing a company’s assets in the case of equitization, acquisition, or merger.

Dossier for copyright in Vietnam

To register copyright, the author needs to prepare the following documents and records:

• Copyright registration declaration (according to the corresponding form in Circular 08/2023/TT-BVHTTDL dated June 2, 2023, Circular providing for forms in copyright and related rights registration activities).

Notes on the copyright registration declaration: The declaration must be made in Vietnamese and signed by the author, copyright owner, related rights holder or an authorized person to submit the application. The declaration must contain complete information about the applicant, the author, the copyright owner or the related rights holder. The declaration should contain a summary of the work, performance, sound recording, video recording or broadcast; the name of the author, the work used as a derivative work if the work is registered as a derivative work; time, place and form of publication; commitment to responsibility for the information stated in the application.

• Two copies of copyrighted work.
  • 01 copy is kept at the Copyright Office. 01 copy stamped with the registration certificate number shall be returned to the holder of the Certificate of Registration.
  • For works with particular characteristics such as paintings, statues, monuments, reliefs, monumental paintings associated with architectural works; works that are too large and bulky, the registered copy of the work is replaced by a three-dimensional photograph.
• For written works: 02 volumes on A4 paper with page numbers and author’s signature on each page or company stamp;
• With computer program: 02 copies of source code + software interface on A4 paper + 02 CDs with source code content and interface on it;
• For works of applied art: 02 copies printed on A4 paper with the signature or seal of the author or owner of the work;
• For musical works: 02 printed copies of music + lyrics or sound recording (recorded) in case of recording;
• For architectural works: 02 drawings on A3 paper.
• Contract of authorization or Power of Attorney, if the applicant is an authorized person, a form prepared or provided by Viet An Law; In case the authorizing party is an individual, the power of attorney must be authenticated according to the provisions of law.
• Documents proving the right to apply;
• Written consent of co-authors, if the work has co-authors;
• Written consent of the co-owners, if the copyright is jointly owned.
• Notarized identity card of the author or owner of the work;
• Notarized copy of the company’s business registration certificate (if the owner is a company).

All documents submitted with the copyright registration application must be made in Vietnamese. In case they are made in a foreign language, they must be translated into Vietnamese and notarized/certified. The documents enclosed with the dossiers, if they are copies, must be notarized or authenticated.

In case you use the services of Viet An Law Firm, we will prepare and draft all necessary documents and documents to register copyright.

Procedure for copyright registration

Procedures for copyright registration are carried out according to the following steps:

Step 1: Determine the type of work to be registered

After completing the work, the owner, the author determines the type of work intended to be copyrighted.

Step 2: Prepare documents for copyright registration

After determining the type of work intended for copyright registration, the owner and author of the work proceed to compile a copyright registration dossier according to regulations.

Step 3: Drafting Copyright Registration Documents

The content of the application to be prepared is as introduced above

 Step 4: Submit application for copyright registration

Submit directly to the Copyright Office at the following addresses:

• Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.
• Representative office in Ho Chi Minh City: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, City. Ho Chi Minh.
• Representative office in Da Nang City: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City.

Submit by post to the following addresses: Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi, City. Hanoi.

Online submission: Online public service portal: http://dichvucong.gov.vn/

Step 5: The Copyright Office appraises and issues the Certificate

• Within 1 month from the date of receipt of the submitted dossier and duly accepted by the Copyright Office, the Copyright Office shall grant a copyright registration certificate to the applicant. In case the dossier is missing or has errors that need to be adjusted, the Copyright Office will notify you
• In case of refusal, the Copyright Office must notify in writing the applicant.
• Organizations and individuals have a maximum time of 01 month from the date of receipt of the notice to amend and supplement the dossier, except in case of force majeure events or objective obstacles as prescribed by law. If the organization or individual fails to amend or supplement the dossier, or has modified or supplemented the dossier, the dossier is still invalid, the competent state agency shall return the dossier to the organization or individual;

How to apply for copyright in Vietnam?

• Authors, copyright holders and related rights holders can directly apply for copyright registration.
• Through the Intellectual Property Representative Organization, apply for copyright registration.

Works subject to copyright registration

According to the latest provisions in Article 6 of Decree No. 17/2023/ND-CP guiding the implementation of the Intellectual Property Law, the types of works are as follows:

Literary and scientific works, textbooks, textbooks and other works expressed in writing or other characters:

• Literary, scientific and other works expressed in written form include: Novels, medium stories, short stories; autographs, memoirs, essays, memoirs; poetry, poetry; script; cultural, literary, artistic, scientific and other research works;
• Textbooks are published works that specify the requirements of the general education program; approved by the Minister of Education and Training and allowed to be used as official teaching materials in general education institutions;
• Textbook means the main teaching, learning and research documents with contents suitable to the training and retraining program approved, selected or approved by the head of the higher education institution or vocational education institution. competent state management agencies to approve according to the provisions of law;
• Works in the form of other characters are works presented in Braille for the visually impaired, shorthand symbols and similar symbols instead of written words that can be understood and copied by accessible individuals or organizations. obtained in a variety of ways.
• Lectures, speeches and speeches are works expressed in spoken language and must be fixed in a certain material form.
• A journalistic work is a work with independent content and complete structure, including the following genres: reportage, snapshot, report, interview, reflection, investigation, commentary, editorial, treatise , press signing and other types of press for publication or distribution in print, audio, video, electronic or other media.
• A musical work is a work expressed in musical notes or other musical characters regardless of performance or non-performance.
• Theatrical work is a work of the performing arts, including: Cheo, tuong, cai luong, dance, puppetry, contemporary dance, ballet, drama, opera, folk drama, physical drama, musical theatre, circus, comedy, vaudeville and other performing arts.
• Cinematographic works and works created by the same method are works whose contents are represented by consecutive moving images or images created by technical and technological devices; with or without sound and other effects according to the principles of cinematic language. Still image taken from a cinematographic work that is part of that cinematographic work.
• Cinematographic works do not include video recordings for the purpose of disseminating news on radio, television and cyberspace services; art shows, video games; a video recording of the activity of one or more people, depicting actual events, situations or programmes.
• A work of art is a work represented by lines, colors, shapes and layouts, including:
• Painting: Lacquer painting, oil painting, silk, gouache, watercolor, dó paper and other materials;
• Graphics: Wood carving, metal engraving, rubber engraving, plaster engraving, monolithic printing, stone printing, mesh printing, posters, graphic design and other materials;
• Sculpture: Statues, monuments, reliefs, monuments, symbol blocks;
• Installation and other contemporary art forms.
• Paintings, sculptures, installations and other contemporary art forms exist as originals. Graphic works can be displayed up to the 50th edition, numbered and signed by the author.
• A work of applied art is a work represented by lines, colors, shapes, and layouts with useful features, which may be attached to a useful object, produced manually or industrially, including including: Graphic design (expression of logos, product identifiers and packaging; representation of characters); Fashion Designer; artistic design associated with product shaping; interior design, interior decoration, exterior art. Works of applied art presented in the form of artistic product poses, cannot be created easily for people with average knowledge in the respective field, and do not include external posing. of the product is required to perform the function of the product.
• A photographic work is a work that presents an image of the objective world on a light-absorbing material or on the medium on which the image is produced, or may be produced by chemical, electronic or technical methods. other art. Photographic work may or may not be captioned.
• An architectural work is defined as a work of an architectural type, including:
• Architectural design drawings of works or combinations of works, interiors or landscapes;
• Architectural works.
• Maps, diagrams, maps, drawings: including graphics, diagrams, maps, drawings related to topography, types of scientific and architectural works.
• Literary and folk art works, including:
• Literary and folk art works are verbal art forms;
• Literary and folk art works are performing arts such as cheo, tuong, cai luong, puppetry, singing, folk songs, and music tunes; dances , folk dances, plays, folk games, folk festivals, village festivals, and other forms of folk rituals.

In addition, adding derivative works without prejudice to the copyright of the work used to make the derivative work. Protected works must be created directly by the author with his or her own intellectual labor, without copying from other people’s works.

Objects are not protected as copyright

Pursuant to Article 8 of Decree No. 17/2023/ND-CP dated April 26, 2023

• Pure news reporting is the daily short press information, breaking news, facts data, for reporting purposes only, not for creativity.
• Administrative documents include documents of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations and units of the people’s armed forces.
• Processes, systems, operational methods, concepts, principles, and data are construed as follows:
• Procedure is the order to follow in order to do work;
• A system is a collection of many elements and units of the same type or function, which are closely related or related to each other, forming a unified whole;
• Method is a way of studying and recognizing phenomena of nature and social life;
• Concept is a thought that reflects in a general form the things and phenomena of reality and the relationships between them;
• Principles are fundamental laws of general nature that govern a wide range of phenomena, are important initial ideas or theories, and are considered as starting points for the formulation of other theories.

Fees for granting copyright registration certificates

State fees:

State fees are regulated in Circular 211/2016/TT-BTC dated 10/11/2016. Fees range from 100,000 VND to 600,000 VND depending on the type of work you want to register for copyright. Specifically, the state fees collected for each type of work are as follows:

• For written works: literary works, scientific works, textbooks, lecture syllabuses, speeches and other speeches, journalistic works, musical works, photographic works, the fee rate is 100,000 VND/registration.
• For architectural works; For maps, diagrams, maps, drawings related to topography and scientific works, the fee is 300,000 VND/application.
• For works of visual art, works of applied art, the fee is 400,000 VND/application.
• For works of cinematographic works, theatrical works fixed on tapes and discs, the fee is 500,000 VND/application.
• For computer programs, data collection or programs running on computers, the fee is 600,000 VND /registration.

Service fee of the Representative Organization

Depending on each Representative organization and for each type of work, there will be a specific service fee according to the regulations of each organization.

Some questions related to copyright registration

Who is the author/co-author?

Author

Authors are those who by their intellect directly create part or the whole of literary, artistic and scientific works expressed in certain material forms.

Co-authors

Co-authors are people who are directly involved in the creation of a part or the whole work.

Person who is not the author

Organizations and individuals that support, give comments and provide materials for other people to create works are not recognized as authors.

Author of derivative works

The creator of a derivative work from another person’s work, including: translation, adaptation, adaptation, adaptation, compilation, annotation, selection, is the author of such derivative work.

What is copyright?

• Copyright is the right of an organization or individual to a work they create or own.
• Copyright is recognized for literary and artistic works, books, lectures, musical works, theatrical works, cinematographic works, computer software, etc.
• Copyright automatically forms from the moment a work is fixed in a certain material form, regardless of whether the work is published or unpublished, registered or unregistered.

When does copyright in a work arise?

Copyright automatically forms from the moment a work is fixed in a certain material form, regardless of whether the work is published or unpublished, registered or unregistered.

Why do you need copyright registration?

• Although copyright registration is not required. However, if the author, the owner of the work, registers the copyright with the Copyright Office, it will bring a lot of advantages when a dispute occurs. In particular, the registration will be the basis to confirm the time of arising copyright and the rights of the work owner.
• The copyright registration certificate is intended to insure the creators of the work against acts of unauthorized use of the work such as: stealing, copying, abusing that work.
• In the event of a dispute, a Copyright Registration Certificate is the best proof of the author’s ownership of the work.
• If the author discovers that an unauthorized user of his work is being made, the author may request that user to discontinue use and may seek compensation for damages. This is only possible when the author has registered the copyright.
• A certificate of copyright is a document proving ownership of a work, used when valuing a company’s assets in the case of equitization, acquisition, or merger.

Which author is protected by copyright in Vietnam?

• Vietnamese individuals whose works are protected by copyright;
• Foreign individuals whose works are creative and expressed in material form in Vietnam;
• Foreign individuals whose works are published for the first time in Vietnam;
• Foreign individuals whose works are protected in Vietnam under the International Copyright Treaty to which Vietnam is a contracting party.

Who has the right to register copyright?

• Organizations and individuals whose works are protected by copyright include the person who directly created the product and the owner of the work protected by copyright in Vietnam as above.
• According to the provisions of the Intellectual Property Law, the author or the owner of the work can be an individual, a domestic legal entity or a foreign individual or legal entity, has the right to apply for copyright registration for the work at the Copyright Office.
• When filing an individual registration application, a domestic legal entity may directly or authorize a copyright representative organization to file a registration application on its behalf with the registry.
• For foreign individuals and legal entities who want to register copyright in Vietnam, they will authorize a copyright representative organization to apply for registration of works in Vietnam.

Copyright registration service of Viet An Law Firm

• Legal advice on procedures and conditions for copyright registration for works, advice on determining the type of work to be registered for authors and work owners.
• Drafting copyright registration dossiers and submitting them to competent state agencies;
• Representing copyright registration for customers in the copyright registration process;
• Monitor the process of registration and application processing at the Copyright Office;
• Exchange and provide information to customers during the copyright registration process.
• Consulting on arising legal issues, disputes related to copyright.

With a team of intellectual property representatives, lawyers, and consultants with experience in the field of Intellectual Property, Viet An Law believes that it will provide customers with services related to copyright in Vietnam by the best, fastest, most convenient with the most reasonable cost.