Pursuant to the Decree No 81/CP of 8th November
1993 of the Government on Functions, Duties, Powers, and Organizational Structure of the Ministry of Culture and Information;
Pursuant to the Decree No 76/CP of 29th November
1996 of the Government on Guidance to the Implementation of a Number of Provisions on Copyright in the Civil Code (hereinafter referred to as Decree No
76/CP); pursuant to the Decree No 60/CP of 6th June
1997 of the Government on Guidance to the Implementation of the Provisions on Civil Relations Involving Foreign Elements of the Civil Code
(hereinafter referred to as Decree No 60/CP),
The guidance of the | Ministry of Culture and |
|
Information to a number of | provisions on copyright is |
|
as follows: |
A number of terminologies as used in the provisions
on copyright shall be understood as follows:
1. ‘‘To create’’ in literature, art, and science is |
|
an act of thinking by an author who personally |
|
makes a part or the whole of a work that is expressed in a certain material form. |
|
The ‘‘original exemplar’’ of a work is the first |
|
exemplar of the work, which is created by the author. |
|
2. ‘‘Protectable works shall be the original |
|
exemplars’’ is understood to mean that works are |
|
c:\do khac chien\circular no 27 1
fixed in a certain material form and have features of originality.
3. An ‘‘original work’’ is a work which is used for creating a translated, adapted, compiled, modified, transformed, selected, anthological, or annotated work.
4. ‘‘To copy’’ a work is to re-express a substantial part or the whole of the work in any material forms.
5. ‘‘To photocopy’’ a work is understood as to make an identical copy of a part or the whole of the work by applying a process of photocopy,
photography, or the like.
6. | A ‘‘copy’’ of a work is | a production obtained | by |
copying or photocopying | a part or the whole | of | |
the work. |
7. An ‘‘owner of work’’ is an individual or organization that owns the author’s rights which are transferable under the provisions of law.
8. A ‘‘work of co-authorship’’ is a work created by two of more persons.
9. An ‘‘anonymous work’’ is a published work on which no author’s real or pen name is indicated.
10. A ‘‘work of unidentified author’’ is a published work of which the author has not been ascertained.
11. A ‘‘posthumous work’’ is a work that is published for the first time after the death of the author.
12. ‘‘To publish or disseminate a work’’:
‘‘To publish or disseminate a work’’ means the representation of the work before the public in the form of an oral speech, display, publication, performance, radio broadcast, television broadcast, or in any other forms.
The forms of products of publication include books, documents, pictures, photographs, posters, catalogues, pamphlets, plied
c:\do khac chien\circular no 27 2
pamphlets, calendars, maps, atlas, sheet music, flags, propaganda leaflets, slogans, couplets, scroll ornamental writings; audio tapes, audio discs, video tapes and video discs that substitute or accompany books.
‘‘A work is published or disseminated for the first time in Vietnam’’ is a work of a foreign person or organization, which has not been published or disseminated in any foreign country prior to being published or disseminated in Vietnam.
A work is considered as being published or disseminated first in Vietnam if that work is published or disseminated in Vietnam within a period of 30 days counted from the date of its first publication or dissemination in any countries.
1. Works protected in Vietnam:
a. Works of authors who are nationals of
Vietnam;
b. Works owned by Vietnamese nationals or legal persons or organization;
c. Works of foreign persons or legal persons, which are created and expressed in a certain material form in Vietnam;
d. Works of foreign persons or legal persons, which are first published or disseminated in Vietnam;
e. Works of foreign persons or legal persons, which are protected in Vietnam under international treaties signed or acceded to by Vietnam;
2. Works protected in Vietnam shall belong to the genres of work stipulated in Article 4 of Decree No 76/CP, shall not belong to the subject- matters of protection of industrial property,
c:\do khac chien\circular no 27 3
and shall not have a content such as stipulated in paragraph 1 Article 749 of the Civil Code.
1. An author who creates a work in the execution of a commissioned duty shall be entitled to the rights provided for in Article 752 of the Civil Code.
An author who creates a work under a contract shall be entitled to the rights provided for in Article 752 of the Civil Code on the basis of the signed contract.
2. The enjoyment of the property rights of authors who simultaneously are not owners of work, as stipulated in paragraph 2 Article 752 of the Civil Code, shall be based on the contracts made by the authors and owners of work.
3. According to the provisions in Article 11 of the Decree No 76/CP, a person or organization that creates a new work on the basis of a translated, adapted, compiled, modified or transformed work of another person shall obtain the permission of
the author (and the owner, if the owner
simultaneously | is | not | the | author) | of | the |
translated, | adapted, | compiled, | modified | or | ||
transformed | work | and | the | permission | of | the |
author of the original work unless the author of
the translated, adapted, compiled, modified or transformed work and the author of the original work have agreed otherwise.
4. In case a work is a posthumous work and the heir has not been identified, the person who lawfully possesses the posthumous work shall be entitled to the personal rights provided for in points c and d paragraph 1 Article 751 and the property rights provided for in points a, b, and c paragraph 2 Article 751 of the Civil Code, for a period of 50 years counted from the date of the first publication of the work. If the heir is identified within the period of 50 years counted from the date of the first publication of the work, he or she shall be entitled to the said
c:\do khac chien\circular no 27 4
rights for the remaining duration of protection unless the law provides otherwise.
5. The rights and obligations arising out of relations between performers and individuals or organizations that make the financial investment for performing programmes shall be determined on the basis of contracts.
1. The Copyright Office shall be responsible for the administration over works that belong to the State in case there is no heir, the heir refuses to receive the legacy or the heir is not entitled to the legacy, as stipulated in point b paragraph 1 Article 764, Article 765 of the Civil Code, and in paragraph 2 Article 13 of the Decree No 76/CP, for the administration over works whose authors are not identified and works which are anonymous, as stipulated in paragraph
5 Article 766 of the Civil Code, and for the
collection and administration of royalties in relation to the above-mentioned works.
Individuals or organizations that use the above- mentioned works shall comply with the following provisions:
− To obtain the permission of, and to pay the royalty to, the Copyright Office;
− To put the real or pen name of the author (if any) on the work, to correctly indicate the title of the work, and to ensure the integrity of the content of the work.
2. The Copyright Office shall be responsible for the administration of personal rights in respect of works whose duration of protection stipulated in Article 766 of the Civil Code has expired. Individuals or organizations that use such works shall comply with the following provisions:
− To notify the Copyright Office of the use of work;
c:\do khac chien\circular no 27 5
− To put the real or pen name of the author (if any) on the work, to correctly indicate the title of the work, and to ensure the integrity of the content of the work.
− To furnish to the Copyright Office a copy of the work, within a period of 30 days counted from the date of its dissemination or circulation.
3. Persons or organizations that use published works for commercial purposes and persons or organizations that use published works not for commercial purposes but in a manner affecting the normal exploitation by the authors or owners of work, shall obtain the permission of and pay the royalty to the authors or owners of work in accordance with contracts for use of work;
Where works are used in the field of publication, the using parties shall also comply with the provisions of Law on Publication and other related legal provisions;
Where published songs or pieces of music are used in performances for commercial purposes, the using parties shall pay the royalty to the authors or owners of work in accordance with agreements;
Persons or organizations that use works may make contracts for use of work with the authors or owners of works, or with the lawful representative organizations empowered by the authors or owners of work.
The use of works without the permission of and payment of remuneration to the authors or owners of work shall be in accordance with the provisions in Articles 760 and 761 of the Civil Code.
1. Pursuant to the provisions in Articles 23, 24 and 27 of the Decree No 76/CP, the authors and owners of work shall have the right to apply,
c:\do khac chien\circular no 27 6
either personally or through empowered copyright service organizations, to the Copyright Office, or to the Department of Culture and Information of the province or city subordinated to the Central Government where the applicants reside, for Copyright Certificates.
Foreign individuals or legal persons who own works that are protected under the provisions in points 1(c), 1(d) and 1(e) Section II shall have the right to apply, either personally or through empowered copyright service organizations, to the Copyright Office or to the Departments of Culture and Information of provinces or cities subordinated to the Central Government for Copyright Certificates.
2. An application file for Copyright Certificate shall include:
a. A petition for Copyright Certificate
(conforming to forms).
A petition for Copyright Certificate shall be in written form in Vietnamese and signed by the author or owner of work or by the person empowered to file the petition. Where the applicant is a legal person, the signature and seal shall be placed in accordance with relevant regulations.
b. Two exemplars of the work that is intended to be registered.
In respect of works bearing special characteristics, which are attached to an architectural construction, such as a painting, statute, monument, relief, panorama painting, and the like, the work referred to in an application file means the design, sketch or photograph (black and white) that fully expresses the creative idea.
c. The personal papers (identification, passport) of the person who submits the file.
In addition to | the papers | mentioned | above, | the |
letter-of-power | shall be | required | where | the |
c:\do khac chien\circular no 27 7
applicant for Copyright Certificate is an empowered person; the applicant who is the owner of work but simultaneously is not the author shall present documents to prove that the applicant is the lawful owner. In case such documents are in a foreign language, they shall be translated into Vietnamese and notarized by a State notary.
3. The Copyright Office shall be responsible for considering application files for Copyright Certificate and deliver the results, within a period of 10 working days counted from the date of receipt of the complete and due files, at the place of receipt of the files. Refusals of issuing Copyright Certificates shall be notified in written reply and the reasons therefor explained.
4. The Departments of Culture and Information of provinces and cities subordinated to the Central Government shall be responsible for guiding applicants in completing registration procedures, for receiving application files for Copyright Certificate, for sending due application files, as stipulated in point 2
Section V of this Circular, to the Copyright
Office immediately after their receipt, for collecting the registration fees prescribed by the competent authority and the expenses due to the transmission of files, and for remitting the results to the applicants immediately after the receipt from the Copyright Office.
5. The Copyright Certificates issued by the Copyright Protection Agency, the Copyright Protection Organization and the Copyright Office, prior to the effective date of the Civil Code shall remain valid. The authors and owners of work shall be entitled to the rights provided for in the Civil Code.
The authors or owners of work, who wish to have the Copyright Certificates reissued or changed, shall provide clear reasons therefor in
c:\do khac chien\circular no 27 8
petitions and submit the application files in
accordance with the provisions in point 2
Section V of this Circular.
6. Individuals and organizations that are granted Copyright Certificates shall pay the fees prescribed by the State.
7. The Director General of the Copyright Office shall have the right to issue Copyright Certificates, and to revoke the issued Copyright Certificates in case the grantees are found not
to be the authors or owners of work or the works
do | not fall under the subject-matters | protected |
by | legal provisions on copyright. |
1. A copyright service organization, as stipulated in Article 27 of the Decree No 76/CP, is a lawfully established business that has the function to provide services and legal advices in copyright issues.
2. Conditions for practicing in copyright services
− The head, the deputies of the head, and persons who personally practice in copyright services shall have the nationality of Vietnam, permanent residential address in
− The head, the deputies of the head, and persons who personally practice in copyright services shall possess a certificate, issued by the Copyright Office, of the completion of courses on enhancement of knowledge of copyright.
3. Copyright service organizations shall have the following tasks:
− To advise on questions relating to legal provisions on copyright;
− To represent authors or owners of work in
applying | for Copyright | Certificates, | pursuant |
to their | mandate; |
c:\do khac chien\circular no 27 9
− To participate in other legal relations in regard of copyright and to protect the legal rights and interests of authors and owners of work, pursuant to their mandate.
4. A copyright service organization shall only be authorized to operate if it has lawfully been established and if the head, the deputy heads, and the persons practicing in copyright services of that organization have been granted a Copyright Agent Card.
5. Copyright service organizations shall operate pursuant to the provisions of law, the permit for establishment issued by the competent authority, and within the scope of their mandate.
6. Copyright service organizations shall make reports and provide information on their activities in copyright services in every six months and each year. In case there are changes in the personnel responsible for the management of copyright service organizations, or in the staff practicing in copyright services, timely reports on such changes shall be made to the Copyright Office.
7. The Copyright Office shall be empowered to issue and revoke Copyright Agent Cards, and make regulations on the use thereof.
Within a period of three months counted from the effective date of this Circular, those copyright service organizations that are in operation shall undergo procedures for issuance of Copyright Agent Cards. The Copyright Office shall reissue Copyright Agent Cards every two years.
1. According to the provisions in Articles 33 and 36 of the Decree No 76/CP:
a. Authors or owners of work, when finding that their copyright or ownership right over work is infringed upon by a third party, shall
c:\do khac chien\circular no 27 10
have the right to request the infringer to discontinue the act of violation, to make
public apology and rectification, and to pay
compensation | for | damages, | or | to | make | a |
request | or | complaint | to | the | State | |
Inspectorate | of | culture | and | information |
(Inspectorate of the Ministry of Culture and
Information, Inspectorate of the Departments of Culture and Information) or the People’s courts for settlement pursuant to their competence.
b. Individuals or organizations, when discovering acts of infringement on copyright or ownership rights over work, shall have the right to present a resolution or denunciation to the Ministry of Culture and Information (the Copyright Office), the Departments of Culture and Information or other competent State organizations for settlement in accordance with the provisions of law.
2. The Copyright Office, as the competent organization of the Ministry of Culture and Information exercising the State management on copyright protection, shall have the following duties:
a. To guide and supervise the implementation of the legal provisions on copyright over the country;
b. To response to letters of complaint or denunciation relating to copyright protection, or to forward such letters to the Inspectorate of the Ministry of Culture and Information, the Inspectorate of the Departments of Culture and Information or the competent State authorities for settlement in accordance with the provisions of law.
c. To co-operate with the Departments of Culture and Information, the Inspectorate of the Ministry of Culture and Information and the related organizations for the purpose of
c:\do khac chien\circular no 27 11
timely settlement of violations of legal provisions on copyright.
3. The Departments of Culture and Information or the Departments of Culture-Information-Sport shall be the competent organizations responsible for assisting the People’s Committees of provinces or cities subordinated to the Central Government to exercise the State management on copyright protection, and have the following duties:
a. To guide and supervise the implementation of legal provisions on copyright in their locality;
b. To response to letters of complaint or denunciation relating to copyright protection or to request the competent State authorities for settlement in accordance with the
provisions of law;
4. | The Inspectorate of the | Ministry of Culture and |
Information and the | Inspectorate of the | |
Departments of Culture | and Information shall | |
carry out the function of specialized | ||
inspectorate | pursuant to the provisions | in |
Article 34 of | the Decree No 76/CP. |
The Copyright Office, the Departments of Culture and Information of provinces or cities subordinated to the Central Government, the Inspectorate of the Ministry of Culture and Information, the Inspectorate of the Departments of Culture and Information and the organizations and individuals involved in copyright matters shall be responsible for the implementation of this Circular.
c:\do khac chien\circular no 27 12
This Circular shall take effect 15 days after the date of its signature.
This Circular shall be promulgated together with the Annex No 1, Annex No 2 Annex No 3, Annex No 4, and Annex No 5.
Signed Tran Chien Thang
c:\do khac chien\circular no 27 13
Annex No 1
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom- Happiness
--------------------
To: THE COPYRIGHT OFFICE
Full name of petitioner
Is:
(Author; owner of work; heir; empowered person) Date of birth: day month year Nationality:
Address:
Telephone number: Fax number:
Hereby submits the application file for Copyright
Certificate for:
(If the person submitting the file is an empowered person, indications shall be required to make it clear that the file is submitted either on behalf of the author or on behalf of the owner of work)
Title of work: Genre of work:
(If the work is a translated, compiled, modified or
transformed work, clear indications shall be
required | as to the name | of the author | of | the |
|
original | work and the title | thereof) |
Date of publication or statement of unpublished status:
Place of publication:
Form of publication (publication, performance,...):
c:\do khac chien\circular no 27 14
Substantial content of the work:
(In case of a work of co-authorship, indications
shall be required as to author) | the creation | of each | |
3. Author | |||
Full name of author: | |||
Pen name: | |||
Date of birth: day Nationality: Address: | month | year | |
Telephone number: number | Fax |
(In case more than one person create a work, indications shall be required to name all the co authors)
Name of the owner of work:
Date of birth: day month year
(If the owner is an organization, indications shall be required as to the date of, and the number of the decision on, its establishment)
Nationality: Address:
Telephone number: Fax number
The basis on which the ownership right arises:
(Being the owner of work by creation; organization that commissioned the author; individual or organization that contracted the author; contract of copyright transfer; or heir)
I pledge the above-disclosed facts are truthful. I
assume all the legal | liability, | should | the | provided |
information appears to | be false. |
c:\do khac chien\circular no 27 15
Done at month
year
on day
c:\do khac chien\circular no 27
(Full
signature)
пате and
16
Annex No 2
MINISTRY OF CULTURE AND INFORMATION COPYRIGHT OFFICE
-------------------
Has registered copyright with the Copyright Office
Hanoi, day month year
THE DIRECTOR GENERAL OF THE COPYRIGHT OFFICE
No: /VHTT-BQTG
c:\do khac chien\circular no 27 17
Annex No 3: Form contract for use of work in the field of performances
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom- Happiness
-----------------------
This day month year
At:
Mr. (Ms): Is:
(The author who simultaneously is the owner of work;
the owner of work; the heir; or the lawfully empowered person)
(Hereunder referred to as Party A) Address:
Telephone number: Fax number:
And the other Party that is Mr. (Ms): Position:
(Director, Deputy Director...)
Representing the party using the work (Hereunder referred to as Party B) Address:
Telephone number: Fax
number:
The two Parties have agreed and signed this contract with the following terms:
c:\do khac chien\circular no 27 18
Title of work:
(If the work is a translated, compiled, modified or transformed work, clear indications shall be required as to the name of the author of the original work and the title thereof; if more than one work are to be delivered, they may be put on a list attached to the contract)
Full name of author: Owner of copyright:
Number of Copyright Certificate (if any) date
of issuance
Article 2: The Party A shall have | the duty | to | deliver |
the work to the Party B before | day | month | |
year at place | If a |
dispute arises as to the copyright in the work or the
Party A does not deliver the work to the Party B within the time limit, the Party A shall pay to the Party B full compensation of damages and the Party B may terminate the contract.
Article 3: Within the period of performance of the contract, the Party A shall not be permitted to deliver the work to a third party to perform (for cases where a performance is made in respect of a work of classical opera, popular opera, renovated theatre, theatrical drama, puppetry...) unless the two Parties have agreed otherwise.
subject to the written consent of | the Party A. The | two |
Parties shall have the obligation | to co-operate in | the |
execution of the contract. |
c:\do khac chien\circular no 27 19
(Amount to be paid, payment in lump sum or in installment; time of payment; place of payment…)
The Party B shall invite the Party A to view the performance prior to the public performance unless the Parties have agreed otherwise.
(Note: Subject to circumstances, the two Parties are supposed to flexibly apply the form contract and may agree on additions to or subtractions from the content of the contract, provided that such additions or subtractions are not contrary to the provisions of law)
The Party A The Party B
Signature
Signature
(Full name and signature) (Full name and signature)
c:\do khac chien\circular no 27 20
Annex No 4: Form contract for use of work (in the field of publication)
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom- Happiness
--------------------
This day month year
At:
Mr. (Ms): Is:
(The author who simultaneously is the owner of work; the owner of work; the heir; or the lawfully empowered person)
(Hereunder referred to as Party A) Address:
Telephone number: Fax
number:
And the other Party that is Mr. (Ms): Position:
(Director, Deputy Director...) Representing the party using the work (Hereunder referred to as Party B) Address:
Telephone number: Fax number:
The two Parties have agreed and signed this contract with the following terms:
Article 1: The Party | A agrees to deliver the work | it |
owns to the party B | to publish and distribute | at |
in language | Title of work: |
c:\do khac chien\circular no 27 21
(If the work is a translated, compiled, modified or transformed work, indications shall be required as to the name of the author and the title of the original work)
Number of draft pages: Size: Full name of author:
Owner of copyright:
Number of Copyright Certificate (if any) date of issuance
Quantity of prints:
subject to the written consent of | the Party A. The | two |
Parties shall have the obligation | to co-operate in | the |
execution of the contract. |
(Amount to be paid, payment in lump sum or in installment; time of payment; place of payment…)
c:\do khac chien\circular no 27 22
The Party B shall provide as a gift to the Party A
books at the time of the payment of money for use of work unless the Parties have agreed otherwise.
(Note: Subject to circumstances, the two Parties are supposed to flexibly apply the form contract and may agree on additions to or subtractions from the content of the contract, provided that such additions or subtractions shall not be contrary to the provisions of law)
The Party A The Party B Signature
Signature
c:\do khac chien\circular no 27 23
(Full | name | and | signature) |
(Full | name | and | signature) |
Annex No 5: Form contract for use of work (in production of audio tapes, audio discs, video tapes, video discs, films, radio or television programmes)
SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom- Happiness
------------------
This day month year
c:\do khac chien\circular no 27 24
At:
Mr. (Ms): Is:
(The author who simultaneously is the owner of work;
the owner of work; empowered person) | the | heir; | or | the | lawfully |
(Hereunder referred to as Party A) | |||||
Address: | |||||
Telephone number: number: | Fax |
And the other Party that is Mr. (Ms): Position:
(Director, Deputy Director...)
Representing the party using the work (Hereunder referred to as Party B) Address:
Telephone number: Fax
number:
The two Parties have agreed and signed this contract with the following terms:
Article 1: The Party A agrees to deliver the work it owns to the party B to produce (audio tapes, audio discs, video tapes, video discs, films, radio or television programmes) at Title of work:
(If the work is a translated, compiled, modified or transformed work, clear indications shall be required as to the name of the author and the title of the original work; if more than one work are to be delivered, they may be put on a list attached to the contract)
Full name of author: Owner of copyright:
Number of Copyright Certificate (if any) date of
issuance
c:\do khac chien\circular no 27 25
Production quantity:
1 shall be subject to the written consent of the Party A. The two Parties shall have the obligation to co operate in the execution of the contract.
(Amount to be paid, payment in lump sum or in installment; time of payment; place of payment…)
Within a period of days after the production has been completed, the Party B shall make the payment to the Party A and provide as a gift to the Party A (or invite the Party A to view) unless the two
Parties have agreed otherwise.
c:\do khac chien\circular no 27 26
to the extra production, the damages of percent of the total money value of the extra production and the reasonable monetary expenses for conducting the check. If, however, no extra production is confirmed after the check, the expenses of carrying out the check shall be borne by the Party A.
(Note: Subject to circumstances, the two Parties are supposed to flexibly apply the form contract and may agree on additions to or subtractions from the content of the contract, provided that such additions or subtractions are not contrary to the provisions of law)
The Party A The Party B
(Full name and signature) (Full name and signature)
c:\do khac chien\circular no 27 27