New regulations on Protection of Copyright in Vietnam

Copyright in Vietnam is Intellectual Property assets protected in Vietnam under the Intellectual Property Law and the Berne Convention in which Vietnam is a member to. Previously, regulations on protection of Copyright in Vietnam were detailed in Decree 100/2006/ND-CP (Decree 100) and Decree 85/2011/ND-CP (Decree 85). However, after more than 10 years of implementation, some provisions of the Intellectual Property Law should be guided in more detail such as the mechanism of operation, rights and obligations related to the activities of the multiple collecting societies.

 

On the basis of practical requirements, the Government of Vietnam has issued the Decree No. 22/2018/ND-CP (Decree 22) on February 23, 2018 to replace the Decree 100 and Decree 85. This Decree shall officially come into effect since April 10, 2018 with the following major changes:

 1. Transfer of Copyright of anonymous works

 

Under Decree 22, organizations and individuals managing anonymous works may transfer the Copyright of such anonymous works to other organizations and individuals and shall be entitled to remuneration from the transfer of Copyright. Additionally, they also enjoy the rights of the owner until the identity of the author is determined. This is a new content which not yet stipulated in the two previous Decrees.

 

 2. Revocation of Copyright and related rights registration certificates

 

According to Decree 22, the Copyright Office of Vietnam must respond to a request of revoking a Copyright or related rights registration certificate within 15 working days upon receipt of the following documents:

 

– An effective court judgment or decision by a competent authority related to infringement acts prescribed by the Intellectual Property Law;

 

– A written request from an organization or individual who had been granted a Copyright or related rights registration certificate.

 

 3. Collection and distribution of royalties and remunerations

 

Decree 22 prescribes that organizations and individuals using copyrighted works, performances, phonograms, video recordings, or broadcasts who are not mandated to obtain permission from Copyright or related rights holders but are required to pay royalties, remunerations or other material benefits, etc. must directly contact the right holders or relevant collecting societies for using their work. In case, they are unable to contact such right holders or relevant collecting societies, an announcement on public media must be issued.

 

In case, such Copyrights are related to the rights of multiple collecting societies, they can reach an agreement to authorize one single entity to negotiate on the license, collection and distribution of royalties.

 

The collecting societies are also required to maintain their own databases on Copyright and related rights that linked to the National Database on Copyright and related rights.