Copyright in Vietnam

x Although copyright arises automatically upon the creation of a work without the need for registration with a competent state authority, unlike other forms of intellectual property, such as trademarks, patents, or industrial designs. It is still advisable for authors and copyright owners to register their works. In the AI-driven environment, copyright registration serves as important evidence to establish the date of creation and ownership, which can be decisive in case of disputes or allegations of infringement. Copy registration, therefore, provides a solid legal basis to safeguard and enforce the legitimate rights and interests of the author or copyright owner.

Basis for copyright registration in Vietnam

Copyright is the legal right of an individual or organisation over a work that they have created or own. It arises automatically from the moment the work is fixed in a tangible form of expression, regardless of whether the work has been published or registered.

Under Clause 1, Article 6 of the Law on Intellectual Property of Vietnam 2005 (as amended in 2009, 2019, and 2022), copyright protection arises from the moment a work is created and fixed in any form, medium, or language, regardless of whether the work has been published or registered.

As a result, unlike industrial property rights such as trademarks, patents, or industrial designs, copyright is registered automatically. No registration or administrative procedure is required: once a work is created, comes into existence, and is expressed in a perceptible form, copyright vests immediately in the author or rightsholder from that very moment.

Conditions for Copyright Protection

For a work to be eligible for copyright protection under Vietnamese law, it must satisfy the following conditions:

• It must be the result of intellectual creative activity.
• It must be fixed in a tangible form of expression, such that it can be perceived, reproduced, or communicated;
• It must bear the element of originality, i.e., reflect the author’s creative expression.

Why copyright registration in Vietnam is necessary?

• Protection of legitimate rights: While not mandatory, copyright registration serves as formal recognition of ownership over a creative work. It constitutes a declaration of lawful ownership, safeguarding the work against unauthorised reproduction or use.
• Establishing a solid legal foundation: In the event of copyright disputes, a Copyright Registration Certificate is the most conclusive evidence of ownership, supporting the author’s position before courts or competent authorities.
• Enhancing the commercial value of the work: Registration provides legal clarity, thereby facilitating commercialisation of copyright through licensing, assignment, or investment. This elevates the economic value of the work in commercial transactions.
• Strengthening enforcement against infringement: A registered copyright is more readily protected against infringing acts, as registration simplifies the process of proving ownership in enforcement proceedings.
• Securing exclusive rights of use: Registration confirms the creator’s exclusive authority to determine how and when their work is used, including its utilisation as a capital contribution, asset valuation in corporate transactions, mergers, or acquisitions.
• Promoting creative development: Beyond individual protection, copyright registration motivates authors and creators to continue producing original works, contributing to cultural enrichment and fostering innovation in society.

Copyright Registration Dossier

Under Clause 2, Article 50 of the Law on Intellectual Property and Articles 38, 39 of Decree No. 17/2023/ND-CP, applicants must prepare the following documents to complete the copyright registration dossier:

1. Copyright registration application form(Forms No. 01-08 issued together with Decision No. 08/2023/QD-BVHTT).
2. Two copies of the work to be registered(including electronic copies):
   • 01 copy retained by the Copyright Office, and 01 copy bearing the official stamp and registration number to be returned to the registrant.
   • For works of a special nature, such as paintings, statues, monuments, reliefs, or large-scale works integrated into architectural projects, three-dimensional photographs may replace physical copies.
3. Format-specific requirements:
   • Written works: 02 A4 copies with page numbering and signature of the author on each page, or company seal across pages.
   • Computer programs: 02 printed copies of the source code and user interface on A4 paper + 02 CDs containing the same content.
   • Applied art works: 02 A4 prints signed or sealed by the author/owner.
   • Musical works: 02 printed copies of the score and lyrics, or recordings if already fixed in audio form.
   • Architectural works: Two drawings on A3 paper.
4. Power of attorney or authorisation agreement(if applicable).
5. Documents evidencing entitlement to apply, such as:
   • Proof of ownership arising from independent creation; or
   • Assignment of creative tasks;
   • Creative contracts;
   • Transfer, inheritance, or other lawful assignment of rights.
6. Consent documents:
   • Written consent of co-authors (if any);
   • Written consent of co-owners (if copyright is jointly owned).
7. Identity and corporate documents:
   • Certified copy of Citizen ID/Passport of the author(s) and owner(s);
   • Certified copy of the Enterprise Registration Certificate (if the owner is a company).

Important notes:

• All documents submitted with the copyright application must be in Vietnamese. Documents in foreign languages must be translated into Vietnamese and notarised/certified.Copies submitted must be duly notarised or certified.
• The power of attorney must specify: details of the authorising party and the authorised party; the title of the work/performance/recording/broadcast; scope and duration of authoris Where the authorising party is an individual, the authorisation must be notarised/certified by law.

Copyright registration in Vietnam procedure

When using the services of Viet An Law Firm, the copyright registration procedure shall be carried out for clients in the following steps:

Step 1: Identifying the type of work to be registered

After completing the work, if the work meets the conditions for copyright registration in Vietnam and falls within the scope of protected subject matter, the author or copyright owner must determine the type of work intended for registration.

Step 2: Preparing the application dossier

After determining the type of work, the author or copyright owner prepares the copyright registration dossier under statutory requirements.

Step 3: Applying and paying the official fee

According to Article 50 of the Intellectual Property Law, the author or copyright owner may apply directly or authorise another organisation/individual to file on their behalf, through one of the following methods:

• Direct submission;
• Postal service;
• Online submission via the National Public Service Portal.

Applications shall be submitted to the Copyright Office of Vietnam at:

• Head Office: No. 33, Lane 294/2 Kim Ma, Ba Dinh Ward, Hanoi. Tel: (024) 3823 6908.
• Ho Chi Minh City Office: No. 170 Nguyen Dinh Chieu, Ban Co Ward, Ho Chi Minh City. Tel: (028) 3930 8086.
• Da Nang Office: No. 58 Phan Chu Trinh, Hai Chau Ward, Da Nang City. Tel: (0236) 3606 967.

Step 4: Examination and issuance of the Certificate

• Within 01 month from the date of receipt of the application, the Copyright Office shall review, classify, and examine the validity of the dossier.
• If the application is incomplete or invalid, the Copyright Office shall notify the applicant to amend/supplement within 01 month from the date of notification. If the applicant fails to comply or the amended dossier remains invalid, the application will be returned.
• Within 15 working days from the date of receipt of a valid dossier, the Copyright Office shall issue a Certificate of Copyright Registration.
• In case of refusal, the Copyright Office shall issue a written notification stating specific reasons for refusal.

Copyright registration fees in Vietnam

Under Circular No. 211/2016/TT-BTC dated November 10, 2016, the state fee payable by the author or copyright owner for copyright registration is prescribed as follows:

1. Written works: including literary works, scientific works, textbooks, teaching materials, lectures, speeches, journalistic works, musical works, and photographic works. Fee: VND 100,000 per application
2. Architectural works; drawings, diagrams, maps, and designs related to geography or scientific projects. Fee: VND 300,000 per application
3. Fine art works and applied fine art works. Fee: VND 400,000 per application
4. Cinematographic works and stage works are fixed on tapes/discs. Fee: VND 500,000 per application
5. Computer programs, data collections, or computer-run programs. Fee: VND 600,000 per application

Key conditions to avoid refusal of Copyright Registration in Vietnam

When applying for a Certificate of Copyright Registration, applicants should carefully consider the following requirements to ensure the application is not rejected:

Conditions related to the author/copyright owner

• The author must be the person who directly creates the work.
• Where two or more persons jointly create a work with the intention that their contributions form a unified whole, they shall be deemed co-authors.
• Persons who only provide support, comments, or reference materials to the author are not considered authors or co-authors.
• Organisations/individuals entitled to copyright protection include both the author and the copyright owner as stipulated under Articles 37 to 42 of the Intellectual Property Law.

Conditions for works to be protected

Only works, performances, records, and broadcasts falling within the categories listed under Article 14 of the Intellectual Property Law are eligible for protection, provided they are not excluded from copyright protection. Excluded subject matters include:

• Mere news of the day and simple press information.
• Legal normative documents, administrative documents, judicial documents, and official translations thereof.
• Procedures, systems, methods of operation, concepts, principles, and data.

Conditions on the application dossier

• The application must be complete and valid under Clause 2, Article 50 of the IP Law and Articles 39, 40, 41 of Decree 17/2023/ND-CP.
• If the application is found to be incomplete or invalid, the applicant must amend or supplement the dossier within 01 month from the date of notification.
• Under Clause 2, Article 49 of Decree 17/2023/ND-CP, failure to meet these conditions may result in refusal to issue the Certificate of Copyright Registration.

Types of works protected by copyright

(Under Article 14 of the Law on Intellectual Property)

• Written and oral works:
  • Literary, scientific works, textbooks, teaching materials, and other works expressed in writing or characters.
  • Lectures, speeches, and other forms of oral expression.
  • Journalistic works.
• Musical, theatrical, cinematographic, and folklore works:
  • Musical works.
  • Theatrical works.
  • Cinematographic works and works created by a similar method.
  • Literary and artistic folklore works.

• Fine arts, applied arts, photography, and architecture:
  • Fine art works; applied fine art works.
  • Photographic works.
  • Architectural works.
  • Drawings, diagrams, maps, sketches relating to topography or scientific works.
• Computer programs and data collections:
  • Computer programs.
  • Compilations of data.

Types of works not protected by copyright

(Under Article 8, Decree 17/2023/ND-CP)

• Mere News of the Day
  • Daily news, short reports, raw facts, and figures for information purposes only, without creative expression.
• Administrative and Legal Documents
  • Documents issued by State agencies, political organisations, socio-political organisations, socio-professional organisations, social organisations, armed forces units, etc.
• Processes, Systems, Methods, Concepts, Principles, and Data
  • Process: a prescribed sequence of steps to perform a task.
  • System: a set of elements or units of the same type or function, closely interrelated, forming a unified whole.
  • Method: a way of researching or perceiving natural and social phenomena.
  • Concept: a generalised idea reflecting objects/phenomena and their interrelations.
  • Principle: a fundamental, general rule governing multiple phenomena; basic idea or initial theory forming the basis for further theories.

Validity of the Copyright Registration Certificate and Term of Protection

The Copyright Registration Certificate and the Related Rights Registration Certificate are valid throughout the territory of Vietnam.

Moral Rights (Personal Rights)

Moral rights are protected indefinitely, except for:

• The right to publish a work, or
• The right to authorise another person to publish a work.

Economic Rights (Property Rights)

Under Article 27 of the Intellectual Property Law, the term of protection for economic rights is as follows:

• Cinematographic works, photographic works, applied fine art works, and anonymous works:
  • Protected for 70 years from the date of first publication.
  • If unpublished within 25 years from the date of fixation, protection lasts for 100 years from the date of fixation.
• Other types of works:
  • Protected for the life of the author plus 70 years after the author’s death.
  • For works of joint authorship, protection expires in the 70th year after the death of the last surviving co-author.

Expiry Date of Protection

The protection term always expires at midnight (24:00) on December 31 of the final year of protection.

Example of a Copyright Certificate Granted in Vietnam

Copyright Registration Certificate No. 1467/2022/QTG, dated 11 March 2022, issued by the Copyright Office of Vietnam:

• Author: Ha Si Manh, Vietnamese
• Work Title: Tính phi công chúng
• Type of Work: Computer program (excluding data).

The above constitutes Viet An Law’s guidance on copyright registration in Vietnam. If you have any related questions or require assistance, please do not hesitate to contact Viet An Law for the best support!