Vietnam: New Regulations for Copyright and Related Rights

Posted on by

By: Dezan Shira & Associates
Editor: Koushan Das

Vietnamese government recently issued Decree No. 22/2018/ND-CP (“Decree No. 22”), replacing Decree No. 100/2006/ND-CP with updated guidelines for numerous articles focusing on copyright under the Civil Code and Law on Intellectual Property. The decree will come into effect from 10 April 2018.

DZS RELATED: Pre-Investment Advisory Services from Dezan Shira & Associates

Major changes

The two major changes focus on registration certificates for copyright and collection and distribution of royalties.

Registration certificate for copyrights

As per Decree No. 22, the Copyright Office of Vietnam must respond within 15 working days if it wishes to revoke a copyright or right registration certificate from date of receipt of the following documents:

  • Court judgment or decision by a competent authority, related to infringements acts specified in the Intellectual Property Law;
  • A request from organizations and individuals who have been granted a copyrights/related rights registration certificate.

Related-Reading-Icon-Asean Link RELATED: Changes in Patent Procedures in Vietnam

Collection and Distribution of royalties

According to Decree No. 22, individuals and organizations who use copyrighted works, performances, phonograms, video recordings, or broadcasts and are not mandated to get permission from the copyright owners or related right holders but have to pay royalties, remunerations, or material benefits, need to contact the right holders or the relevant collecting societies for using their works. In case they are unable to establish communication with the right holders, they need to issue announcements on public media.

If the copyrights are with multiple collecting societies, organizations can agree to authorize a single entity to negotiate on their behalf for the license, collection, and distribution of royalties.

The collecting societies are also required to maintain a database on copyrights and related rights, which can be linked to the national database on copyright and related rights.

Related-Reading-Icon-Asean Link RELATED: Vietnam: New Laws to be in Effect in 2018

Cross-border copyright protection

Any work having copyright protection in Vietnam is also protected in member countries, in accordance with international agreements and the laws of the individual member countries. As of 2016, Vietnam is party to following agreements related to copyright protection:

  • Berne Convention for the Protection of Literary and Artistic Works
  • Brussels Convention relating to the Distribution of Program-Carrying Signals Transmitted by Satellite;
  • Geneva Convention for the Protection of Performers, Producer of Phonograms and Broadcasting Organizations
  • Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations
  • World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights – TRIPS
  • Vietnam – United States Copyright Agreement
  • Vietnam – Switzerland Bilateral Agreement
  • Vietnam – United States Trade Agreement

Related-Reading-Icon-Asean Link RELATED: CPTPP Signed: Opportunities for Vietnam’s Enterprises

IP protection in Vietnam

In Vietnam, the government agencies overseeing IP protection enforcement include the Ministry of Science and Technology Inspectorate, Ministry of Culture, Sports and Tourism Inspectorate, Ministry of Industry and Trade’s Market Management Bureau, Ministry of Public Security’s Economic Police, Ministry of Finance Customs Office, and People’s Court (Civil Court).

For copyright issues, the Copyright Office of Vietnam, under the Ministry of Culture, Sports, and Tourism is responsible for the management of copyright and related rights protection. In the last few years, there has been much-needed progress on the legal and regulatory aspects of Intellectual Property (IP) and copyright protection in Vietnam, but enforcement remains inadequate. 

Foreign companies operating in Vietnam need to work closely with the different government departments overseeing infringement issues and IP violations. Usually taking actions such as bringing a civil action to the courts or sending warning letters to violators have not been effective and tends to be a lengthy and costly process. One should have an infringement decision from the National Office of Intellectual Property (NOIP) or the Copyright Office of Vietnam (COV) to be more effective.

Foreign firms need to have a clear understanding of how IP and copyright protection works in Vietnam and the possible means available should they find themselves dealing with violations.


About
 Us

Vietnam Briefing is published by Asia Briefing, a subsidiary of Dezan Shira & Associates. We produce material for foreign investors throughout Eurasia, including ASEANChinaIndiaIndonesiaRussia & the Silk Road. For editorial matters please contact us here and for a complimentary subscription to our products, please click here.

Dezan Shira & Associates provide business intelligence, due diligence, legal, tax and advisory services throughout the Vietnam and the Asian region. We maintain offices in Hanoi and Ho Chi Minh City, as well as throughout China, South-East Asia, India, and Russia. For assistance with investments into Vietnam please contact us at vietnam@dezshira.com or visit us at www.dezshira.com

 

Related Reading Icon-VB

dsa brochureDezan Shira & Associates Brochure 
Dezan Shira & Associates is a pan-Asia, multi-disciplinary professional services firm, providing legal, tax and operational advisory to international corporate investors. Operational throughout China, ASEAN and India, our mission is to guide foreign companies through Asia’s complex regulatory environment and assist them with all aspects of establishing, maintaining and growing their business operations in the region. This brochure provides an overview of the services and expertise Dezan Shira & Associates can provide.

DSA_Doing Business in Vietnam 2017_cover_126x90pxAn Introduction to Doing Business in Vietnam 2017
An Introduction to Doing Business in Vietnam 2017 will provide readers with an overview of the fundamentals of investing and conducting business in Vietnam. Compiled by Dezan Shira & Associates, a specialist foreign direct investment practice, this guide explains the basics of company establishment, annual compliance, taxation, human resources, payroll, and social insurance in this dynamic country.

VB_2016_12_en_Managing_Contracts_and_Severance_in_Vietnam_-_Cover (1)

Managing Contracts and Severance in Vietnam
In this issue of Vietnam Briefing, we discuss the prevailing state of labor pools in Vietnam and outline key considerations for those seeking to staff and retain workers in the country. We highlight the increasing demand for skilled labor, provide in depth coverage of existing contract options, and showcase severance liabilities that may arise if workers or employers choose to terminate their contracts.

6 responses to “Vietnam: New Regulations for Copyright and Related Rights”

  1. GN Tiwary says:

    Informative

  2. […] April 10, 2018, there will be new IP regulations in place in Vietnam concerning local and cross-border copyright protection. Additionally, […]

  3. […] April 10, 2018, there will be new IP regulations in place in Vietnam concerning local and cross-border copyright protection. Additionally, […]

  4. […] April 10, 2018, there will be new IP regulations in place in Vietnam concerning local and cross-border copyright protection. Additionally, […]

  5. […] concerned authorities will introduce new Intellectual Property regulations in the […]

Leave a Reply

Your email address will not be published. Required fields are marked *

Dezan Shira & Associates

Meet the firm behind our content. Dezan Shira & Associates have been servicing foreign investors in China, India and the ASEAN region since 1992. Click here to visit their professional services website and discover how they can help your business succeed in Asia.

News via PR Newswire

Never Miss an Update

Subscribe to gain even better insights into doing business in Vietnam. Subscribing also lets you to take full advantage of all our website features including customizable searches, favorite, wish list and gift functions and access to otherwise restricted content.

Scroll to top