فييت نام

PRIME MINISTER SOCIALIST REPUBLIC OF VIETNAM _____________

Independence – Freedom – Happiness

No: 04 /2007/CT-TTg ______________________________

Hanoi, 22 February, 2007

DIRECTIVE

On the strengthening protection of copyright to computer program

Over past years, protection of copyright and related rights has made a

significant advancement. Many legal instruments have been enacted by the State

on protection of copyright and related rights. Vietnamese legal system has been

developed and completed on the practice of copyright management and

enforcement, and complied with the international standards, met demands of

effective copyright protection and international integration.

Regarding intellectual proterty right protection, Viet Nam already acceded

to a number of multilateral and bilateral treaties on copyright and related rights.

Accordingly, Viet Nam is obliged to protect copyright and related rights,

including protection of copyright to computer programs of individuals and

organizations of member states of these treaties in Viet Nam and vice versa.

In recent years, despite the fact that many computer program companies

have taken measures to self-protect their rights and activities of inspection,

detection and handling of violations have been frequently conducted but the

results have not been satisfactory. The use of pirated computer programs has been

rampant, violating legitimate rights and interests of orgnizations and individuals

both in Viet Nam and abroad, affecting creativity and economic, cultural and

social development of Viet Nam, as well as its integration process into the world

economy.

In order to effectively enforce laws and regulations of Viet Nam and

international commitments on copyright protection to computer programs, the

Prime Minister requires:

1. Ministers, Heads of Ministry-level Agencies, Heads of Government

Agencies and Chairmen of People Committees of provinces and centrally-

administered cities shall instruct and take specific measures to protect copyright

of computer programs; reserve an annual budget for purchasing copyright of

computer programs for their agencies and localities; settle violations of unlicensed

computer programs used in agencies and localities under their competence.

Ministers, Heads of Ministry-level Agencies, Heads of Government

Agencies and Chairmen of People Committees of provinces and centrally­

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administered cities shall be responsible for copyright enforcement of computer

programs at agencies and localities under their competence and in accordance

with laws and regulations.

2. Ministry of Finance, Ministry of Planning and Investment shall allocate

the state budget and guide other ministries, localities to make their own budgets

for purchasing licensed computer programs in compliance with the Law on State

Budget.

Ministry of Finance shall instruct the General Department of Viet Nam

Customs to take stricter actions to prevent the import and export of pirated

computer programs in accordance with laws and regulations.

3. Ministry of Culture and Information shall be responsible for:

a) Drafting and submitting to competent authorities to promulgate or

promulgating within its competence legal instruments to complete the legal

framework on protection copyright of computer programs;

b) Guiding and supervising enforcement of Vietnamese laws and

regulations, and international commitments on copyright protection of computer

programs; providing technical assistance on copyright transactions related to

computer programs; providing information concerning pirated computer

programs;

c) Instructing publication of books and specialized magazines on copyright

and related rights including computer programs for communicating, disseminating,

training and enhancing public awareness.

4. Ministry of Trade shall be responsible for directing inspection,

supervision and handling of individuals and/or organizations circulating pirated

goods which violate copyright to computer programs in the market in accordance

with Vietnamse laws and international commitments.

5. Ministry of Public Security shall be responsible for fighting against

infringements of copyright of computer programs; preventing infringements in

manufacturing, trading, exporting, importing, storing, circulating goods and

services related to copyright of computer program.

6. Ministry of Defense shall direct border guards to patrol, control and

handle infringing acts of storing, transporting goods violating copyright to

computer programs in accordance with laws.

7. Ministry of Foreign Affairs shall direct and guide Diplomatic Agencies of

Viet Nam overseas to collect information on copyright protection of computer

programs for supporting and advising Vietnamese organizations and individuals

to make transactions on copyright to computer program; supporting them to

protect their legitimate rights and interests of computer programs copyright to be

exploited and used overseas.

8. Ministry of Justice shall take main responsibility and cooperate with

other related ministries/authorities to review and propose amendments and

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supplementations of legal instrument on copyright protection of computer

program to submit to competent authorities for promulgation in order to ensure

effective and timely protection of legitimate rights and interests of organizations

and individuals.

9. Ministry of Post and Telecommunications shall clarify rights and

responsibilities of organizations and individuals involving in application and

development of information technologies in conformity with intellectual property

laws; cooperate with Ministry of Culture and Information to protect computer

program copyright.

10. Central and local radio, television stations and other press agencies shall

encourage dissemination and education of laws and regulation; set up columns

introducing about laws, organize contests on copyright protection of computer

program.

Ministry of Culture and Information shall be responsible for supervising and

following implementation of this Directive, making annual reports to the Prime

Minister on progress and problems in the implementing process, and making

appropriate proposals for handling measures.

PRIME MINISTER

(signed)

Nguyen Tan Dung

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