Copyright registration for software under Vietnamese Law

by QuynhHuong

Accordingly, with the rise of industrialization and modernization, protection in general and software protection, in particular; is a matter of great concern to the whole society as well as professionals. So, what is the copyright registration for software in Vietnam? Let’s find out with LSX in the following article.

  • 2005 Intellectual Property Law
  • Decree 22/2018/ND-CP

What is software?

Accordingly, the software is a set of statements or instructions written in one or more programming languages ​​in a specified order to create a particular task or function, or problem. Basically, the software works by sending instructions directly to the hardware or by providing data to serve other software programs to perform their tasks. Thus, complete software needs to include such elements: design documents, computer programs, supporting documents, and accompanying digital data collection; where digital data collection includes databases and digital or digitized works.

Simply put, the concept of the software is broader than the concept of a computer program, covering non-hardware objects and documents associated with the construction and operation of computer programs and divided into:

  • Initial design documents such as block diagrams, diagrams, specifications, table templates
  • Computer programs include source code and object code
  • The means of building software such as translation programs, plug-in programs, etc.
  • Information stored on computers such as written works, works of art, music, etc.
  • Database
  • The output information of the computer such as sound, files, printed pages, etc. is displayed on the screen
  • Instructional and reference documents printed on paper or in digital form
  • Programming languages

Hence the regulation of the IP law, a dossier for copyright registration for software will contain the following documents:

  • Declaration of copyright registration
  • Notarized copy of Business Establishment License and Business License (in case the owner is an organization)
  • Copy of the identity card of the author/co-authors (notarized)
  • The author’s commitment to the honesty in the process of creating the work
  • Copyright transfer
  • Authorization letter for copyright registration
  • Two CDs of software content
  • Two copies of the code are bound in a volume

In addition to the above documents, subjects should note the following information:

  • Completion time (this information is essential in resolving disputes if it arises)
  • Publication Information: If published, specify the time of publication (day/month/year) and form of publication.

Step 1: Submit the dossier

Firstly, the applicant shall submit the dossier to the Copyright office.

The author or owner may directly or authorize another organization or individual to submit an application for registration of copyright or related rights at one of the following 3 addresses:

  • Copyright Office Headquarters in Hanoi: No. 33 Alley 294/2 Kim Ma, Ba Dinh District, Hanoi.
  • Representative office of Copyright Office in Ho Chi Minh City: 170 Nguyen Dinh Chieu, District 3, City. HCM.
  • Representative office of Copyright Office in Da Nang city: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang city.

The author can completely submit the application in person or by post.

Step 2: Receive the result

Then, after the owner pays the fee, they will receive a Copyright Registration Certificate from the Copyright Office.

Above is the answer to “Copyright registration for software under Vietnamese Law”. In case are staying in this situation, please contact Lawyer X for quick and best legal services: 0833102102.

What are the conditions for copyright registration?

To be registered for copyright, a work must meet certain copyright protection conditions as follows:
– The work must be creative: it must be directly created by the author and is not allowed to copy other people’s work
– Must be expressed in certain physical forms.

Can a foreigner register for copyright?

Yes, he/she can. According to the provision of law, if foreigners surpass the condition of the copyright holder, they can register for copyright.

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