1What types of works are eligible for copyright protection in Viet Nam?

ELITE: Types of works that are eligible for copyright protection under Law on Intellectual Property in Vietnam include:

1. Literary, artistic, and scientific works eligible for copyright protection include:

a) Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters;b) Lectures, addresses and other sermons;
c) Press works;d) Musical works;
e) Dramatic works; f) Cinematographic works and works created by a process analogous to cinematography;
 g) Plastic – art works and works of applied art; h) Photographic works;
 i) Architectural works; j) Sketches, plans, maps and drawings related to topography, architecture or scientific works;
k) Folklore and folk art works of folk culture;l) Computer programs and data compilations.

2. Derivative works shall be protected only if it is not prejudicial to the copyright used to create these derivative works.

3. Protected works as mentioned above must be created personally by authors through their intellectual labor without copying others’ works.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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2What is copyright?

ELITE LAW FIRM (ELITE): Copyright means rights of organizations and individuals as to works that they have created by their own or they own.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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3What is related rights/rights relating to copyrights?
ELITE: Related rights (or rights relating to copyrights) means rights of organizations and individuals as to performances, phonograms, video recordings, broadcasts, and encrypted program – carrying satellite signals.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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4How long is the term of copyright protection for types of works?

ELITE: Copyright to works provided for in Intellectual Property Law consists of moral rights and economic rights. 

a) Moral rights are protected for an indefinite term.

b) The term of protection for the right to publish works and the economic rights of each type of work is prescribed as follows:

 

Types of works

The term of protection

1)    Literary and scientific works, textbooks, teaching courses and other works expressed in written languages or other characters;

2)    Lectures, addresses and other sermons;

3)    Press works;

4)    Musical works;

5)    Dramatic works;

6)    Architectural works;

7)    Sketches, plans, maps and drawings related to topography, architecture or scientific works;

8)    Folklore and folk art works of folk culture;

9)    Computer programs and data compilations.

 

 

 

For the whole life of the author and for 50 (fifty) years after his/her death.

For a work under joint authorship, the term of protection expires in the 50th (fiftieth) year after the death of the last surviving co-author.

 

1)      Cinematographic works and works created by a process analogous to cinematography;

2)      Plastic – art works and works of applied art;

3)      Photographic works;

4)      Anonymous works.

 

75 (Seventy-five) years from the date of the work’s first publication.

<p><strong>ELITE: </strong>The registration of copyright and copyright-related rights has the following benefits:</p>
<ol>
<li>a) Authors, owners of copyright and related rights shall be granted copyright registration certificates or related rights registration certificates with evidence proving that they are the owners of works, having legal evidence that they are the legal owners of works performances, sound recordings, video recordings, broadcasts.</li>
<li>b) Authors and copyright holders will have moral rights and property rights from the works they have created.</li>
<li>c) Authors, copyright holders and related rights holders do not need to prove that copyright or related rights belong to them in case of dispute, unless there is evidence to the contrary.</li>
<li>d) Quickly detect and prevent infringements.</li>
</ol>
<p>If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:</p>
<p style="text-align: center;"><em><strong><img class="alignnone wp-image-6361" src="https://lawfirmelite.com/wp-content/uploads/2022/11/2_may-bay.png" alt="" width="22" height="20" /> ELITE LAW FIRM </strong>– </em><em><strong>Hotline:</strong> <a href="tel:0988746527"><span style="color: #891d1f;">(+84) 988.746.527</span></a> | <strong>Email:</strong> </em><span style="color: #891d1f;"><a style="color: #891d1f;" href="mailto:info@lawfirmelite.com"><em>info@lawfirmelite.com</em></a></span></p>

5How long is the term of protection of rights relating to copyrights?

ELITE: The term of protection of rights relating to copyrights (related rights) is calculated as follows:

 

Rights relating to copyrights (related rights)

The term of protection

The rights of performers

50 (fifty) years counting from the year following the year of fixation of their performances

The rights of producers of phonograms or video recordings

50 (fifty) years counting from year following the year of publication, or

50 (fifty) years counting from the year following the year of fixation of unpublished phonograms or video recordings

 

The rights of broadcasting organizations

50 (fifty) years counting from the year following the year of the making of their broadcasts

 

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

6Is copyright and rights relating to copyrights registration required for a work to be protected?

ELITE: The registration of copyright, copyright-related rights (related rights) is not a mandatory procedure for a work to be protected. According to regulations, works are automatically protected from the time the work is created and fixed by the author in a certain material form and such works are subject to the protection of Law on Intellectual Property. Related rights shall be automatically protected from the time when a performance, phonogram, video recording, broadcast, encrypted program-carrying satellite signal is fixed or displayed without prejudice to copyrights.

However, the registration of copyright and related rights will help the owners to provide legal proof or evidence that they have created the original work and are the real owners of the work when handling copyright disputes in a Court. Thus, when registering for copyrights/ related rights protection, the owner of copyrights/related rights will be more convenient when proving that the copyrights and related rights are his/her own when arising a dispute, and easily and quickly to take legal actions to enforce and handle a third party that infringes upon their copyrights and related rights.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

7Where is the application for registration of copyright or related rights filed to?
ELITE: Authors, copyright holders and related rights holders may directly or authorize other organizations and individuals to submit dossiers for registration of copyright and related rights at: Vietnam Copyright Office. Nam or Representative Office of the Copyright Office of Vietnam in Da Nang or Ho Chi Minh City.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

8What are the benefits of the registration of copyright or related rights?

ELITE: The registration of copyright and copyright-related rights has the following benefits:

  1. a) Authors, owners of copyright and related rights shall be granted copyright registration certificates or related rights registration certificates with evidence proving that they are the owners of works, having legal evidence that they are the legal owners of works performances, sound recordings, video recordings, broadcasts.
  2. b) Authors and copyright holders will have moral rights and property rights from the works they have created.
  3. c) Authors, copyright holders and related rights holders do not need to prove that copyright or related rights belong to them in case of dispute, unless there is evidence to the contrary.
  4. d) Quickly detect and prevent infringements.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

9What documents does an application for registration of copyright or rights relating to copyrights comprise?

ELITE: An application for registration of copyright or rights relating to copyrights comprises:

  • A written declaration for registration of copyright or rights relating to copyrights;
  • Two copies of the work subject to application for copyright registration, or two copies of the fixed object subject to the rights relating to copyrights registration;
  • A letter of authorization where the applicant is the authorized person;
  • Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from or assignment by another person;
  • Written consent of co-authors, for works under joint authorship;
  • Written consent of co-owners if the copyright or rights relating to copyrights are under joint-ownership.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

10How long is the time limit for granting registered copyright certificates or registered rights relating to copyrights certificates?

ELITE: According to regulations, Vietnam Copyright Office is responsible for granting copyright registration certificates and copyright-related rights registration certificates to applicants within fifteen working days from the date date of receipt of duly required documents. In case of refusal to grant a certificate of copyright registration or a certificate of registration of copyright-related rights, the state management agency in charge of copyright and copyright-related rights (Vietnam Copyright Office) must notify in a writing document and clearly state the refusal reasons for the applicant.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

11Where are the copyright registration certificate and rights relating to copyrights registration certificate valid?

ELITE: The certificate of registration of copyright/related rights is valid throughout the territory of Vietnam.
At the same time, Vietnam is a member of the Berne Convention on the protection of literary and artistic works from October 26, 2004, so literary and artistic works that have been protected in Vietnam will also take effect for protection in all country parties to this Berne Convention. There are currently 181 countries party to the Berne Convention, as of February 7, 2023.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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12What is a copyright and related rights consulting service organization?

ELITE: Copyright and related rights consulting and service organizations shall perform the following activities at the request of authors, copyright holders, and related rights holders:

a) Consulting on issues related to the provisions of the law on copyright, rights related to copyright;

b) Representing authors, copyright holders and related rights holders to carry out the procedures for submitting applications for registration of copyrights and related rights under authorization;

c) Participating in other legal relations on copyright and related rights, protecting the rights and legitimate interests of authors, copyright holders, and related rights holders under their authorization.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

ELITE LAW FIRM Hotline: (+84) 988.746.527 | Email: info@lawfirmelite.com

13List the remedies provided for copyrights infringement in the jurisdiction  

ELITE:Under Art. 202 of IP law of Vietnam, the remedies provided for IP/copyright infringement in Vietnam include:

1)Compelling the termination of infringing acts;

2)Compelling the public apology and rectification;

3)Compelling the performance of civil obligations;

4) Compelling the payment of damages;

5) Compelling destruction, distribution or use for non-commercial purposes of goods, raw materials, materials and means used for the production or trading of intellectual property right-infringing goods, provided that such destruction, distribution, or use does not affect the exploitation of rights by intellectual property right holders.

If you have questions or require consultant about Copyright in Vietnam, please do not hesitate to contact us at the information below, we gladly to help solving your problems:

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