Hence the regulation of Law, if anyone wishes to register for copyright in Vietnam; they must fulfill the required procedure. So, What is the copyright registration procedure under Vietnamese Law? Lets’s find out in this article.
- 2005 Intellectual Property Law
What is the definition of copyright?
Accordingly, copyright is the right of an organization or individual to a work they create or own. Under Vietnamese Law, copyright includes moral rights and property rights, which contains the following conducts:
- Firstly, moral rights:
- Name the work
- Put your real name or pseudonym on the work, or when publishing the work
- Publish the work or allow others to publish the work
- Protect the integrity of the work, and prevent others from modifying, mutilating or distorting the work; in any way that is detrimental to the honor and reputation of the author
- Secondly, property rights:
- Making derivative works
- Performing the work in public
- Copying works
- Distributing or importing originals or copies of works
- Communicating works to the public by means of wireline, radio, electronic information networks or any other technical means
- Renting out originals or copies of cinematographic works and computer programs
Conditions for copyright registration
Hence the provision of Intellectual Property Law, anyone who wishes to register for copyright will need to surpass the following conditions:
Firstly, on the general conditions:
- The work must be creative: it must be directly created by the author and is not allowed to copy other people’s work
- The work must be expressed in certain physical forms. For example, works of poetry, stories presented in the form of written pages; cinematographic works in the form of footage…
Secondly, conditions on subjects. The subjects of copyright can only be:
- Vietnamese organizations and individuals
- A foreign organization or individual whose work is published for the first time in Vietnam but not in any other country; or publishing simultaneously in Vietnam, within 30 days from the publish date in another country.
- Foreign organizations and individuals whose works are protected in Vietnam under international treaties on copyright; to which the Socialist Republic of Vietnam is a contracting party.
Dossier for copyright registration
Correspondingly, a dossier for copyright registration will contain the following documents:
- Declaration for registration of copyright and related rights
- Two copies of the copyright-registered work; or two copies of the related right-registered subject matter fixation
- Power of Attorney, in case the applicant is an authorized person
- Documents proving the right to apply
- Written consent of co-authors, in case the work has co-authors
- Written consent of the co-owners, in case the copyright and related rights are jointly ownership
- Notarized identity card of the author or owner of the work
- Notarized copy of the company’s business registration certificate (in case the owner is a company)
Procedure for copyright registration
Step 1: Submit the dossier
When the applicant finish gathering the required documents, they shall submit the dossier at the Copyright Office.
Step 2: Receive the Certificate
Then, within fifteen working days from the date of receipt of a valid application, the state management agency in charge of copyright and related rights shall issue a certificate of copyright registration.
In case of refusal to issue a Copyright Registration Certificate or Related Rights Registration Certificate, the state management agency in charge of copyright and related rights must notify in writing the applicant.
Organizations and individuals whose works are protected by copyright include the person who directly creates the product and the owner of the work.
Accordingly, the fee may vary from VND 100,000 to VND 600,000; depending on different objects.
Yes, he/she can. According to the provision of law, if foreigners surpass the condition of the copyright holder, they can register for copyright.