Register for software copyright in Vietnam

 In the 5.0 revolution opening up the trend of focusing on “cooperation” between humans and machines, human intelligence works in harmony with “cognitive computing”, the software industry is increasingly playing an important role in all activities of social life.

Copyright registration in Vietnam

Legal basis for carrying out procedures for registering computer software copyright:

• The Law on Intellectual Property 2005, amended in 2009;
• Decree No.22/2018/ND-CP dated February 23, 2018.

To help software authors and owners have a comprehensive view on the registration of computer software copyrights Viet An Law would like to synthesize legal contents related to the procedure of registering computer software in Vietnam.

Why need to register computer software copyright?

         Although the registration of software copyrights (computer programs) is not required, it is the basis for determining the time when copyright arises, the rights of owners over computer software. Registering computer software copyrights is an effective solution to maximize the protection of copyright-related rights and legal ownership of software owners.

         A registration certificate of computer software is the basis to prove who created the software before a dispute occurs. In addition, nowadays software companies sometimes have conflicts between software authors and software owners (between employees and companies), computer software copyright registration is also the basis for determining rights between the creator of the software and the software owner who is the company.

         Therefore, implementing copyright registration procedures for computer software is to protect the legitimate rights of authors and owners and minimize risks arising in the future.

Who has the right to register computer software copyright?

         Under Article 13 of the Law on Intellectual Property, the author or owner of software is entitled to register the software copyright. Therefore, the author of the software owner can register the software copyright in Vietnam including individuals and organizations that are Vietnamese; foreign individuals, and organizations.

         However, for individuals or organizations that are authors or foreign software owners, when registering software copyrights in Vietnam, the procedure must be carried out through the Organization Representative Copyright in Vietnam. Viet An Law is an Organization Representative Copyright in Vietnam, we would like to assist foreign individuals and organizations wishing to register for computer software copyrights in Vietnam.

Computer software copyright registration application includes:

• A power of attorney (according to the form of Viet An Law);
• Author’s identity card (notarized);
• Author’s pledge of truthlessness in the software creation process (Viet An Law drafts according to customer information provided);
• Written consent of co-authors (if there are many authors) (Viet An Law drafts according to customer information provided);
• Written consent of co-owners (if there are many owners) (Viet An Law drafts according to customer information provided);
• Certificate of business registration (notarized copy);
• A print of code;
• A description of the operation of the software;
• 02 CDs for recording software contents: Computer software (installation version); Written description of the software; Computer software code set;
• Contract of copyright purchase and written approval for the software registration arising (if any).

In addition, when registering for a computer software copyright, the software author and owner should provide the following additional information:

• Time to complete the software (this information is necessary to prevent disputes arising in the future if any);
• Software disclosure information: Where has the software been disclosed? If announced, specify the time of publication, a form of announcement,…

Term of software copyright registration:

         Registration term: 15 – 20 working days.

Term of software copyright protection:

• Moral rights of authors shall comprise the following rights: To give titles to their works; 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 shall be protected for an indefinite term.
• Term of protection for publishing their works or to authorize other persons to publish the rights of their work: Copyright certificate for software have a protection term that lasts for the life of the author and 50 following years of the death; in case of software with co-authoring, the term of protection ends in the year after the year the last co-author dies.

Process of software copyright registration services at Viet An Law:

• Step 1: Customers shall provide the above information to Viet An Law;
• Step 2: Viet An Law conducts documents to draft and transfers to customers for signature;
• Step 3: Customers transfer documents to Viet An Law;
• Step 4: Viet An Law represents for customers to submit the dossier at the Copyright Office;
• Step 5: After 15 – 20 days, when Viet An Law receives the results, Viet An Law returns customers and finishes the services.

Agency authorizes to register software copyrights in Vietnam:

         The Copyright Department

Validity of registration certificate of computer software rights:

         The computer software copyright registration certificate is valid in the whole territory of Vietnam.

Viet An Law provides legal services related to computer software copyright registration. If customers are interested, please contact us directly for the best advice and support.