Vietnam

1What 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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2What 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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3What 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.

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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 50^th (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.

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

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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:

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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/vi

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:

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.
b) Authors and copyright holders will have moral rights and property rights from the works they have created.
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.
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/vi

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/vi

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:

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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:

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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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14What should the Appellant do if he/she disagreeing with the results of the NOIP's first-time appeal resolving/settlement as to the refusal Decision?

ELITE: According to regulations, if the Appellant does not agree with the first-time Appeal resolving Decision of the NOIP or beyond the prescribed time limit, the Appeal has not been resolved yet, the Appellant has the right to file second-time Appeal to the Minister of Science and Technology (Head of direct superior of the NOIP) or initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures. In case the complainant disagrees with the second-time Appeal settlement Decision of the Minister of Science and Technology or the prescribed time limit expires but the Appeal has not been yet resolved, the Appellant has the right to initiate an administrative lawsuit case at the Court in accordance with the Law on Administrative Procedures.

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

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15How long does it take to resolve a first-time Appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: According to regulations (Art. 28 and Art. 37 of the Law on Appeal in 2011), the time limit for resolving the first-time Appeal against the Decision on refusal to grant a Certificate of a Geographical Indication Application at NOIP must not exceed 30 days from the acceptance date of the Appeal; for complicated cases, the time limit for resolving/settlement may be prolonged but must not exceed 45 days from the acceptance date.

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

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16What documents are required to file an appeal against the Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: Required documents of an appeal against a Decision on refusal of granting a Geographical Indication Registration Certificate are as followings: (i) An Appeal Application (under the Form); (ii) An official letter explaining legal reasons/grounds for the Appeal enclosed with the Appeal Application and evidence or supporting documents (if any); (iii) A copy of the NOIP's Decision on refusal of granting a Geographical Indication Registration Certificate; (iv) An original Power of Attorney signed by the Appellant (in case the Appeal is filed through an IP Representative/Agent); (v) A copy of fee payment for the Appeal.

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

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17How long is the statute of limitation for filing a first-time Appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application at the NOIP?

ELITE: According to regulations (Article 9 of Law on Complaints 2011), the statute of limitations for filing a first-time Appeal is 90 (ninety) days from the date that the Appellant receives a Decision on refusal of granting a Geographical Indication Registration Certificate from the NOIP.

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

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18What is the purpose of filing an appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application?

ELITE: The purpose of filing an appeal against the Decision on refusal of granting a Certificate of a Geographical Indication Application is to protect the Applicant’s legitimate rights and interests in accordance with the laws and regulations, namely requesting the NOIP to reconsider and withdraw the previous refusal Decision and issue a fresh Decision to grant a Geographical Indication Registration Certificate for the Appellant.

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

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19What is an appeal against a Decision on refusal of granting a Certificate of a Geographical Indication Application?

ELITE LAW FIRM (ELITE): An appeal against a Decision on refusal of granting a Geographical Indication Registration Certificate for a geographical indication application means that a geographical indication applicant having such a refusal Decision issued by the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.

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

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20What is an appeal against a Decision on refusal of granting a Patent for an Industrial Design Application?

ELITE LAW FIRM (ELITE): An appeal against a Decision on refusal of granting a Patent for an industrial design application means that a design applicant having such a refusal Decision issued by the National Office of Intellectual Property of Vietnam (NOIP) requests the NOIP to reconsiders and withdraws such refusal Decision if there are sufficient legal grounds to prove that the said Decision is contrary to law provisions, directly infringing upon the applicant’s legitimate rights and interests.

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

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