Unveil the Insights: Exploring a Comprehensive Global Survey by the INTA International & Legislative Subcommittee of the Copyright Committee. Covering 78 countries worldwide, this survey scrutinizes copyright office structures, registration requirements, and protection procedures. Join us as we dive into an exclusive overview of Vietnamese Copyright Registration.
Is there an official Copyright Office in your country? If yes, what is its official name? Provide a website, if available. If not, which state body/private organization performs its functions?
Yes. There is an Official Copyright Office in Vietnam, namely the Copyright Office of Vietnam (COV). The official website of COV is http://www.cov.gov.vn/
If the Copyright office is an official body, where does it sit in the state structure? (i.e. what department / division is it connected with) What is the organizational structure of the copyright office?
The Copyright Office of Vietnam (COV) is under supervision of the Ministry of Culture, Sports, and Tourism of Vietnam.
The organizational structure of the COV includes (http://www.cov.gov.vn/tin-tuc/structure):
(i) General Director, 02 Deputy Directors;
(ii) The Bureau/Office Division;
(iii) Copyright and related rights management and International Cooperation Division;
(iv) Copyright and Related Rights Registration Division;
(v) Cultural Industry Management Division;
(vi) Expertise Center (Copyright and Related Rights Assessment Center).
What powers does the office have (main tasks and functions)?
– The main function of the COV is advising and assisting the Minister of the Ministry of Culture, Sports, and Tourism of Vietnam in performing the state management of copyright protection, related rights and cultural industry in Vietnam.
– Yes. The COV has the power to formally register copyrights.
– No. The COV does not have the power to set rates for copyright royalties or similar. Accordingly, rates for copyright royalties shall be agreed upon by the parties or in accordance with the Government’s regulations.
Is the country a party to the Berne Convention?
When does copyright arise? Is there a copyright registry/depository in your country?
Under IP Law of Vietnam (Art.6), Copyright shall arise at the moment when a work is created and fixed in a certain material form, irrespective of its content, quality, presentation, means of fixation, language and whether or not it has been published or registered.
There is a copyright registry/depository in Vietnam. The said body is the COV.
What regulations govern the copyright registration procedure?
IP Law of Vietnam 2005 (amended in 2009, 2019), Decree No. 22/2018/ND-CP dated February 23, 2018 of the Government on guidelines for certain number of articles of the Intellectual Property Law and Law on amendments to the Intellectual Property Law 2009 in terms of the copyright and related rights and other guiding regulations mainly govern the copyright registration procedure in Vietnam.
What does the procedure of copyright registration include (main stages, terms, documents required)? Is it possible to file an application for a copyright registration (and all documents required) online?
7.1. The procedure of copyright registration include:
+ stage 1: Filing the copyright application
+ stage 2: formality examination and granting a copyright registration certificate
– terms: 15 working days from the filing date of an acceptable application (in practice, it may prolong).
i) A declaration for registration of copyright or related rights.
ii) Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;
iii) A letter of authorization where the applicant is an authorized person;
iv) Documents proving the right to file the application where the applicant acquires such right by way of inheritance, succession or assignment;
v) Written consent of the co-authors in the case of a work under joint authorship;
vi) Written consent of the co-owners if the copyright or related rights are jointly owned.
7.2. Is it an application for a copyright registration (and all documents required) online?
Currently, the Copyright Office allows online filing. However, since the online filing system has not yet been completed, after submitting an online application, the applicant still needs to send the originals of the requested documents to the Copyright Office by post or on-site filing.
What are the fees for registering copyrights with the copyright office (if possible)? How long does it typically take from application to registration of copyright?
8.1. What are the fees for registering copyrights with the copyright office (if possible)? Registration of copyright:
– Literary works, scientific works, textbooks, syllabi and other works which are expressed in writing or other characters (referred to as written works – VND 100,000
– Lecture, speech and other talks –VND 100,000;
– Plans, diagrams, maps, topography-related drawings and scientific works – VND 300,000;
– Cinematographic works – VND 500,000;
– Computer programs, data collection programs or other programs run on computers – VND 600,000;
Registration of related rights:
– Performances recorded on Audio/video-recordings and Broadcasting programs – up to VND 500,000;
– Visual recordings – VND 300,000;
– Broadcasting programs– VND 500,000.
8.2. How long does it typically take from application to registration of copyright?
In principle, 15 working days from the filing date of an acceptable application. In practice, it usually takes about 1-3 months from the filing date from application to registration of copyright.
Is a copyright owner able to file a copyright registration application directly or can this only be done through representatives/patent attorneys?
Yes. A Vietnamese copyright owner or a foreign copyright owner, is able to file a copyright registration application directly at the Copyright Office or file through a Vietnamese copyright presentative Agent (Art. 34 of Decree No. 22/2018/ND-CP dated February 23, 2018).
What are the grounds for refusal of copyright registration? Is it possible to appeal the refusal (if so what are the grounds of appeal and procedure)?
Under the IP Law, the Copyright Office shall notify the applicant in writing in a case of refusal to grant a certificate. Under IP Law (Art. 15), subject matters are not covered by copyright protection are (i) News of the day as mere items of press information; (ii) Legal documents, administrative documents and other documents in the judicial domain and official translations of these documents; (iii) Processes, systems, operation methods, concepts, principles and data.
In principle, it is possible to appeal the refusal of the COV. However, the grounds of the appeal
and procedure thereof is now silent (there are not regulations thereof).
What is the legal difference between registered and unregistered copyright? What are the benefits of registered copyright?
In principle, there is no legal difference between registered and unregistered copyright. This is because a copyright arises from the moment the work is created and fixed in a certain material form, regardless of whether it is registered or not (Art. 6 of IP Law).
According to the IP Law Vietnam, Organizations and individuals who are granted certificates of registered copyright or certificates of registered related rights shall not bear the burden of proving such copyright or related rights in a copyright dispute, unless contrary proof is tendered.
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