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GENERAL INFORMATION
Copyrightable
Works under Vietnam Copyright Law
The copyright of the
literary, artistic and scientific works shall be protected irrespective of the forms,
language used for expression and quality of works. Copyrightable
works include the following categories:
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written works;
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lectures and speeches;
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theatrical works and other forms of artistic performance;
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cinematographic and video
works;
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radio broadcast and television broadcast works;
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press works;
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musical works;
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architectural works;
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sculptural works and applied fine art;
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photographic works;
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scientific projects, textbooks and teaching materials;
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sketches, drawings, diagrams and maps related to
topography, architecture or scientific projects;
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translated, adapted, rewritten, transformed, compiled,
annotated, selected and anthological works;
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Computer software (which is defined to include computer
programs, documents describing programs, back-up documents and
databases);
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other works stipulated by law.
Beside "literary, artistic and scientific
works" in the above mentioned categories, the protection under the copyright law also given to
performers, organizations producing audio tapes and disks, video
tapes and disks and radio and television broadcasting
organizations. Such rights are also known as
"Related Rights"
or
"Neighbouring Rights"
Works qualified
for copyright protection in Vietnam:
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Works of
authors who are nationals of Vietnam;
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Works that
are owned by Vietnamese nationals, organizations;
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Works of
foreign nationals or organizations that are created and fixed in
any tangible medium of expression in Vietnam;
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Works of
foreign nationals or organizations that are first published in
Vietnam;
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Works of
foreign citizens or organizations that are protected under
international treaties to which Vietnam is a party.
Authors
Author(s) is defined as the person(s)
directly creating the whole or part of a literary, artistic,
scientific works. The following persons are also recognized as
authors:
-
A person who translated a work from
one language into another
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A person who adapts an existing work,
re-writes or transforms a work from one form to another
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A person who edits, annotates or
selects works of other persons to produce a work of creative
nature.
Copyright
Owners:
Copyright owner of a work may be one
of the following:
-
The author or co-authors of the work
created by him/her or them or the author or co-authors' heir
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The authors' employer or commissioning
party where a work created under a task assigned by the employer
to the author or under the creation contract
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The transferee of the ownership rights
over the work
Rights Conferred by Copyright
The Copyright
Owner shall have the exclusive property (economic) rights
to the copyrighted works, be entitled to material benefits from
the use of the work in the following forms:
-
Publishing, republishing, publicly
displaying, exhibiting, performing, broadcasting, telecasting,
audio and visual recording, photographing of copyrighted works;
-
Translating, adapting, transforming
and /or rewriting copyrighted works;
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Leasing
the copyrighted works.
Authors of copyrighted works also has the personal
(moral) rights to the copyrighted works, such as the rights to
name his/her works, to put his/her real name or pseudonym in the
work, to mention his/her real name or pseudonym when the work is
published or disseminated, to protect integrity of the work.
Duration of
Copyright Protection
The copyright will last for the life of the author plus
50 years after the death of the author;
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Economic rights shall be protected
during the life of the author and for fifty years after his death;
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In case of a work of
join authorship
economic right shall be protected during the life of the last
surviving author and for fifty years after his death;
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Copyright for motion pictures, broadcasts or
television or video
works, posthumous works lasts for 50 years from the
date of the first publication.
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The author's moral rights are
protected indefinitely
Fair use
(use works without having to obtain
permission and paying remuneration):
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Duplicate the work for personal use
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Quoting from the work
without falsifying the intent of the author in order to make
commentaries and illustrations in the work
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Quoting from the work without falsifying the intent of the
author in order to write newspaper, articles or for use in
periodical publications, broadcasting or television programs or
documentary films
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Quoting from the work
without falsifying the intent of the author for the purposes of
teaching or examination in schools
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Copying the work for archives and use in libraries
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Translating and
disseminating works and other types from Vietnamese into the
languages of ethnic minorities in Vietnam and vice versa
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Performing theatrical works
and other types of artistic performance in cultural and propaganda
activities at public places
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Making direct audio and visual recording of performance for
reporting on topical events or teaching purpose
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Taking photograph, televising and introducing works of
sculpture, architecture, photography and applied arts displayed at
public places in order to introduce such works
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Converting a printed work into Braille
characters for the blind.
Such fair use
is not applied to the duplication of architectural works,
sculptural works and computer software.
Rights of Performers, Producers of audio and video taps and disks and
Radio and Television Broadcasting Organizations
A performer has the following rights:
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To have his/her name introduced upon the performance;
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To protect of his/ her performance from any distortion;
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To permit or prohibit others to broadcast on mass
media to the public his/her live performance, except for such
broadcasting are of the nature of news reporting or
teaching;
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To permit or prohibit others to make audio or visual
recordings of his/her performance and to make copies for
dissemination.
Producers of audio tapes and disks, video
tapes and disks have the rights to permit or prohibit others to
reproduce, distribute their products. The protection term is 50
years from the first dissemination of taps and disks.
Broadcasting organizations have the right to permit or prohibit
Copyright Registration
It is not required to registration of
works for acquisition of copyright protection in Vietnam.
Copyright of a work shall arise as from the moment when the work
assumes a tangible form. However,
copyright
registration may serve as prima facie evidence in a court
of law with reference to disputes relating to copyright.
Procedure
of copyright registration of works
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Application for registration of work shall be lodged with the
National Copyright Office (NCO)
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NCO shall examine all the documents attached with the application
for copyright registration and grant Certificate of Copyright
within 10 days
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NCO shall refuse to grant Certificate if the documents attached
with the application do not meet the requirements for determining
the right author or owner of the work.
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The applicant can file an appeal against the NCO's refusal with
the Minister of Culture and Information
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The parties having relevant rights and/or interests can file a
petition to request the NCO to revoke the granted Certificate if
the certificate granted to the wrong author or owner.
REQUIREMENTS
Documents required at filing
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Notarized
from author/copyright owner
- Notarized Deed of Assignment, if any
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Title of work
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02 copies of work
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Author's name, address, nationality and birth day
- Copyright owner's name, address, nationality and birth day
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Publication date
- Brief content of the work
- Genre of the work
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Other documents proving the work created by the author
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