What are the regulations on copyright under Vietnamese law?

by QuynhHuong

Due to the development of society, the requirement for ensuring individual rights is continuously gaining more attention. Accordingly, copyright is a type of individual right that made up an important part of personal rights. So, what are the regulations on copyright in Vietnam? Let’s find out with LSX!

  • 2005 Intellectual Property Law

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

Hence the regulation on the Intellectual Property Law, the copyright holder will contain the following pupils:

  • 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.

Basically, any creative work that falls into the following cases is subjecting to copyright protection:

  • Firstly, protected literary, artistic and scientific works include:
    • Literary, scientific works, textbooks, textbooks and other works expressed in the form of writing or other characters
    • Lectures, speeches and other speeches
    • Press works
    • Musical works
    • Theatrical works
    • Cinematographic works and works created by similar method
    • Visual and applied art works
    • Photographic works
    • Architectural works
    • Maps, diagrams, maps, drawings related to topography, architecture, scientific works
    • Literary and folk art works
    • Computer programs, data collection
  • Secondly, derivative works shall not prejudice the copyright of the work used to make derivative works.

Time limit of protection

Correspondingly, Vietnamese Law has two types of time limits for copyright protection: unlimited protection and limited protection.

In case of unlimited protection, only the following rights can enjoy this type of timelimit:

  • 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
  • Name the work
  • Put your real name or pseudonym on the work, or when publishing the work

On the other hand, the right to publish the work or allow others to publish the work and property rights can only be protected by law for a limited period; which may vary depending on the right itself.

Hope that the article could help you solve your problem. In case you have any questions, 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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