Phần thứ hai Luật Sở hữu trí tuệ 2005: Quyền tác giả và quyền liên quan

PART II

COPYRIGHT AND RELATED RIGHTS

Chapter I

CONDITIONS FOR PROTECTION OF COPYRIGHT AND RELATED RIGHTS

Section 1. CONDITIONS FOR PROTECTION OF COPYRIGHT

Article 13. Authors and copyright holders with works which are protected by copyright

1. Organizations and individuals with works which are protected by copyright comprise persons who directly create such works and copyright holders stipulated in articles 37 to 42 inclusive of this Law.

2. Authors and copyright holders stipulated in clause 1 of this article shall comprise Vietnamese organizations and individuals; foreign organizations and individuals with works published for the first time in Vietnam and not yet published in any other country, or with works also published in Vietnam within thirty days after publication for the first time in another country; and foreign organizations and individuals with works which are protected in Vietnam pursuant to an international treaty on copyright of which the Socialist Republic of Vietnam is a member.

Article 14. Types of works which are protected by copyright

1. Literary, artistic and scientific works which are protected by copyright comprise:

 (a) Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;

 (b) Lectures, addresses and other speeches;

 (c) Press works;

 (d) Musical works;

 (dd) Stage works;

 (e) Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);

 (g) Plastic art works and applied art works;

 (h) Photographic works;

 (i) Architectural works;

 (k) Sketches, plans, maps and drawings related to topography or scientific works;

 (l) Folklore and folk art works;

 (m) Computer programs and data collections.

2. Derivative works shall only be protected pursuant to the provisions of clause 1 of this article if such protection is not prejudicial to the copyright in the works used to create such derivative works.

3. Protected works as stipulated in clauses 1 and 2 of this article must be created personally by authors through their intellectual labour and without copying the works of others.

4. The Government shall provide detailed guidelines on the types of works stipulated in clause 1 of this article.

Article 15. Subject matter outside the category of copyright protection

1. News of the day as mere items of information.

2. Legal instruments, administrative and other documents in the judicial domain, and official translations of such documents.

3. Processes, systems, operational methods, concepts, principles and data.

Section 2. CONDITIONS FOR PROTECTION OF RELATED RIGHTS

Article 16. Organizations and individuals eligible for protection of related rights

1. Actors and actresses, singers, instrumentalists, dancers and other persons who perform literary and artistic works (hereinafter all referred to as performers).

2. Organizations and individuals who own performances defined in clause 1 of article 44 of this Law.

3. Organizations and individuals who fix for the first time the sounds and images of performances or other sounds and images (hereinafter all referred to as producers of audio and visual fixation).

4. Organizations which initiate and carry out broadcasting (hereinafter referred to as broadcasting organizations).

Article 17. Subject matter of related rights eligible for protection

1. Performances shall be protected if they fall into one of the following categories:

 (a) They are made by Vietnamese citizens in Vietnam or abroad;

 (b) They are made by foreigners in Vietnam;

 (c) They are fixed on audio and visual fixation and protected pursuant to the provisions of article 30 of this Law;

 (d) They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant to the provisions of article 31 of this Law;

 (dd) They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

2. Audio and visual fixation shall be protected if it falls into one of the following categories:

 (a) It belongs to audio and visual fixation producers bearing Vietnamese nationality;

 (b) It belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

3. Broadcasts and satellite signals carrying coded programmes shall be protected if they fall into one of the following categories:

 (a) They belong to broadcasting organizations bearing Vietnamese nationality;

 (b) They belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.

4. Performances, audio and visual fixation, broadcasts and satellite signals carrying coded programmes shall only be protected pursuant to the provisions of clauses 1, 2 and 3 of this article on the condition that they are not prejudicial to copyright.

Chapter II

CONTENTS OF, LIMITATIONS ON AND TERM OF PROTECTION OF COPYRIGHT AND RELATED RIGHTS

Section 1. CONTENTS OF, LIMITATIONS ON AND TERM OF PROTECTION OF COPYRIGHT

Article 18. Copyright

Copyright in works regulated in this Law shall comprise moral rights and economic rights.

Article 19. Moral rights

Moral rights [of authors] shall comprise the following rights:

1. To give titles to their works.

2. To attach their real names or pseudonyms to their works; to have their real names or pseudonyms acknowledged when their works are published or used.

3. To publish their works or to authorize other persons to publish their works.

4. To protect the integrity of their works; and to forbid other persons to modify, edit or distort their works in whatever form, causing harm to the honour and reputation of the author.

Article 20. Economic rights

1. Economic rights [of authors] shall comprise the following rights:

 (a) To make derivative works;

 (b) To display their works to the public;

 (c) To reproduce their works;

 (d) To distribute or import the original or copies of their works;

 (dd) To communicate their works to the public by wireless or landline means, electronic information networks or other technical means;

 (e) To lease the original or copies of cinematographic works and computer programs.

2. Authors or copyright holders shall exclusively exercise the rights stipulated in clause 1 of this article or may grant other persons the right to exercise such rights pursuant to the provisions of this Law.

3. When any organization or individual exercises one, several or all of the rights stipulated in clause 1 of this article and in article 19.3 of this Law, such organization or individual must ask for permission from the copyright holder and must pay royalties, remuneration or other material benefits to the copyright holder.

Article 21. Copyright in cinematographic works and dramatic works

1. Persons who act as directors; screenwriters; cameramen; montage makers; music composers; art designers; studio sound, lighting and art designers; studio props and technical effects designers, and persons engaged in other creative jobs in making cinematographic works shall have the rights stipulated in clauses 1, 2 and 4 of article 19 of this Law and other rights as agreed.

Persons who act as directors, playwrights, choreographers, music composers, art designers, stage sound designers, lighting and art stage designers, stage props and technical effects designers, and persons engaged in other creative jobs in making stage works shall have the rights stipulated in clauses 1, 2 and 4 of article 19 of this Law and other rights as agreed.

2. Organizations and individuals who invest finance or material and technical facilities in the production of cinematographic works and stage works shall be holders of the rights stipulated in article 19.3 and article 20 of this Law.

3. The organizations and individuals stipulated in clause 2 of this article shall be obliged to pay royalties, remuneration or other material benefits as agreed with the persons stipulated in clause 1 of this article.

Article 22. Copyright in computer programs and data collections

1. Computer program means a set of instructions expressed in the form of commands, codes, diagrams and other forms which, when incorporated in a device readable by a computer, are capable of enabling such computer to perform a job or achieve a specific result.

Computer programs shall be protected the same as literary works, irrespective of whether the computer programs are expressed in the form of source codes or machine codes.

2. Data collection means a set of data selected or arranged in a creative way and expressed in electronic or other forms.

Copyright protection of data collections shall not extend to protection of the data itself, and must not be prejudicial to copyright in the data itself.

Article 23. Copyright in folklore and folk art works

1. Folklore and folk art work means a collective creation based on the traditions of a community or individuals reflecting the ambitions of such community and expressed in a form appropriate to the cultural and social characteristics, standards and values of such community which have been handed down by imitation or other modes. Folklore and folk art works shall comprise:

 (a) Folk tales, lyrics and riddles;

 (b) Folk songs and melodies;

 (c) Folk dances, plays, rites and games;

 (d) Folk art products including graphics, paintings, sculpture, musical instruments, architectural models and other artistic expressions in any material form.

2. Organizations and individuals using folklore and folk art works must cite the origins of the folklore and folk art works, and must ensure that the authentic value of such folklore and folk art works is preserved.

Article 24. Copyright in literary, artistic and scientific works

The Government shall issue specific regulations governing the protection of copyright in the literary, artistic and scientific works stipulated in article 14.1 of this Law.

Article 25. Cases when published works may be used without having to seek permission or pay royalties or remuneration

1. Published works may be used without having to seek permission or pay royalties or remuneration in the following cases:

 (a) Making one copy of the work of an author for scientific research or teaching purposes;

 (b) Reasonable quoting from a work in order to comment on or illustrate one's own works, without misrepresenting the author's views;

 (c) Quoting from a work in order to write an article published in a newspaper or periodical, in a radio or television broadcast or in a documentary, without misrepresenting the author's views;

 (d) Quoting from a work in school or university for lecturing purposes without misrepresenting the author's views and not for commercial purposes;

 (dd) Copying of a work by a library for archival and research purposes;

 (e) Performing a stage work or other art work in mass cultural, communication or mobilization activities without collecting fees in any form;

 (g) Audio-visual recording of a performance in order to report current events or for teaching purposes;

 (h) Photographing or televising plastic art; or an architectural, photographic, or applied art work displayed at a public place in order to present images of such work;

 (i) Transcribing a work into braille or into characters of other languages for the blind;

 (k) Importing copies of another's work for personal use.

2. Organizations and individuals who use the works stipulated in clause 1 of this article must neither affect the normal use of such works nor cause prejudice to the rights of the author or copyright holder, and must provide information being the author's name and the source and origin of the work.

3. The use of works in the cases stipulated in clause 1 of this article shall not apply to architectural works, plastic works and computer programs.

Article 26. Cases when published works may be used without having to seek permission but royalties or remuneration must be paid

1. A broadcasting organization which uses a published work to make a broadcast which is sponsored, contains an advertisement or which collects fees in any form shall not be required to seek permission but must pay royalties or remuneration to the copyright holder in accordance with regulations of the Government.

2. Organizations and individuals who use works stipulated in clause 1 of this article must neither affect the normal use of such works nor cause prejudice to the rights of the author or copyright holder, and must provide information being the author's name and the source and origin of the work.

3. The use of works in the cases stipulated in clause 1 of this article shall not apply to cinematographic works.

Article 27. Term of copyright protection

1. The moral rights stipulated in clauses 1, 2 and 4 of article 19 of this Law shall be protected for an indefinite term.

2. The moral rights stipulated in article 19.3 and the economic rights stipulated in article 20 of this Law shall enjoy the following terms of protection:

 (a) Cinematographic works, photographic works, stage works, applied art works and anonymous works shall have a term of protection of fifty (50) years as from the date of first publication. If a cinematographic work or stage work has not been published within fifty (50) years from the date of its formulation, the term of protection shall be calculated from the date of its formulation. When information on the author of an anonymous work appears, the term of protection of such work shall be calculated pursuant to sub-clause (b) below;

 (b) Any work not stipulated in sub-clause (a) above shall be protected for the whole life of the author and for fifty (50) years after his or her death. In the case of a work of joint authors, the term of protection shall expire in the fiftieth year after the death of the last surviving co-author;

 (c) The term of protection stipulated in sub-clauses (a) and (b) of this clause shall expire at 24:00 hours on 31 December of the year of expiration of the copyright protection term.

Article 28. Conduct constituting infringement of copyright

1. Appropriating copyright in a literary, artistic or scientific work.

2. Impersonating an author.

3. Publishing or distributing a work without permission from the author.

4. Publishing or distributing a work of joint authors without permission from the co-authors.

5. Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the author.

6. Copying a work without permission from the author or copyright holder, except in the cases stipulated in sub-clauses (a) and (dd) of article 25.1 of this Law.

7. Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case stipulated in sub-clause (i) of article 25.1 of this Law.

8. Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases stipulated in article 25.1 of this Law.

9. Leasing out a work without paying royalties, remuneration or other material benefits to the author or copyright holder.

10. Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a communications network or digital means without permission from the copyright holder.

11. Publishing a work without permission from the copyright holder.

12. Deliberately destroying or de-activating the technical solutions applied by the copyright holder to protect copyright in his or her work.

13. Deliberately deleting or modifying electronic information in a work regarding management of the rights to such work.

14. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment when knowing, or having grounds to know, that such equipment may de-activate technical solutions applied by the copyright holder to protect copyright in his or her work.

15. Making and selling a work with a forged signature of the author of such work.

16. Importing, exporting or distributing copies of a work without permission from the copyright holder.

Section 2. CONTENTS OF, LIMITATIONS ON AND TERM OF PROTECTION OF RELATED RIGHTS

Article 29. Rights of performers

1. Performers who are also the investors shall have the moral rights and economic rights to their performances. Where performers are not also the investors, the performers shall have the moral rights and the investors shall have the economic rights to performances.

2. Moral rights shall comprise the following rights:

 (a) To have the name acknowledged when performing, when distributing audio and visual fixation or when broadcasting performances;

 (b) To protect the integrity of the imagery of the performance, and to prevent others from modifying, editing or distorting the work in any way prejudicial to the honour and reputation of the performer.

3. Economic rights shall include the exclusive right to exercise or to authorize others to exercise the following rights:

 (a) To formulate a live performance on audio and visual fixation;

 (b) To directly or indirectly reproduce a performance which has been formulated on audio and visual fixation;

 (c) To broadcast or to communicate to the public in other ways an unformulated performance so that it may be accessed by the public, except where such performance is intended to be broadcast;

 (d) To distribute to the public an original performance and copies thereof by sale, rental or distribution by whatever technical means which are accessible by the public.

4. Any organization or individual who exploits or uses the rights stipulated in clause 3 of this article must pay remuneration to the performer in accordance with law or pursuant to an agreement if there is no relevant provision of law.

Article 30. Rights of producers of audio and visual fixation

1. Producers of audio and visual fixation shall have the exclusive right to exercise, or to authorize others to exercise, the following rights:

 (a) To directly or indirectly copy their audio and visual fixation;

 (b) To distribute to the public their original audio and visual fixation and copies thereof by sale, rent or distribution by whatever technical means which are accessible by the public.

2. Producers of audio and visual fixation shall be entitled to material benefits when such recording is distributed to the public.

Article 31. Rights of broadcasting organizations

1. Broadcasting organizations shall have the exclusive right to exercise, or to authorize others to exercise, the following rights:

 (a) To broadcast or re-broadcast their broadcasts;

 (b) To distribute their broadcasts to the public;

 (c) To formulate [into a fixed form] their broadcasts;

 (d) To reproduce formulated broadcasts.

2. Broadcasting organizations shall be entitled to material benefits when their broadcasts are recorded and distributed to the public.

Article 32. Cases when related rights may be exercised without having to seek permission or pay royalties or remuneration

1. Related rights may be exercised without having to seek permission or pay royalties or remuneration in the following cases:

 (a) Making one copy of a work for personal scientific research purposes;

 (b) Making one copy of a work for teaching purposes, except for performances, audio and visual fixation or broadcasts which have been published for teaching purposes;

(c) Reasonable quoting from a work in order to provide information;

 (d) Making of provisional copies of a work by a broadcasting organization for broadcasting purposes when such organization has the broadcasting right.

2. Organizations and individuals who use works stipulated in clause 1 of this article must neither affect the normal use of performances, audio and visual fixation or broadcasts; nor cause prejudice to the rights of performers, producers of audio and visual fixation, or broadcasting organizations.

Article 33. Cases when related rights may be exercised without having to seek permission but when royalties or remuneration must be paid

1. Organizations and individuals who exercise related rights in the following cases shall not be required to seek permission but must pay agreed royalties or remuneration to performers, producers of audio and visual fixation, or to broadcasting organizations:

 (a) They directly or indirectly use published audio and visual fixation for commercial purposes in making broadcasts which are sponsored, contain advertisements or which collect fees in any form;

 (b) They use published audio and visual fixation in business or commercial activities.

2. Organizations and individuals who use works stipulated in clause 1 of this article must neither affect the normal use of performances, audio and visual fixation or broadcasts; nor cause prejudice to the rights of performers, producers of audio and visual fixation or broadcasting organizations.

Article 34. Term of protection of related rights

1. The rights of performers shall be protected for fifty (50) years calculated from the year following the year of formulation [into a fixed form] of a performance.

2. The rights of producers of audio and visual fixation shall be protected for fifty (50) years calculated from the year following the year of publication, or fifty (50) years calculated from the year following the year of formulation of any unpublished audio and visual fixation.

3. The rights of broadcasting organizations shall be protected for fifty (50) years calculated from the year following the year of the making of a broadcast.

4. The terms of protection stipulated in clauses 1, 2 and 3 of this article shall expire at 24:00 hrs on 31 December of the year of expiration of the term of protection of the related rights.

Article 35. Conduct constituting infringement of related rights

1. Appropriating the rights of a performer, producer of audio and visual fixation, or of a broadcasting organization.

2. Impersonating a performer, producer of audio and visual fixation, or a broadcasting organization.

3. Publishing, producing and distributing a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

4. Modifying, editing or distorting a performance in any way which prejudices the honour and reputation of the performer.

5. Copying or reciting from a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

6. Deliberately deleting or modifying electronic information regarding management of rights without permission from the related right holder.

7. Deliberately destroying or de-activating the technical solutions applied by the related right holder to protect his or her rights.

8. Publishing, distributing or importing for public distribution performances, copies of a fixed performance or audio and visual fixation knowing, or having grounds to know, that electronic information regarding management of rights has been deleted or modified without permission from the related right holder.

9. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment knowing, or having grounds to know, that such equipment helps to illegally decode satellite signals carrying coded programmes.

10. Deliberately receiving or relaying satellite signals carrying coded programmes without permission from the legal distributor.

Chapter III

COPYRIGHT HOLDERS, AND RELATED RIGHTS HOLDERS

Article 36. Copyright holders

Copyright holder means an organization or individual who holds one, several or all of the economic rights stipulated in article 20 of this Law.

Article 37. Copyright holders being authors

Authors who use their own time, finance and material or technical facilities to create works shall have the moral rights stipulated in article 19 and the economic rights stipulated in article 20 of this Law.

Article 38. Copyright holders being co-authors

1. Co-authors who use their time, finance and material or technical facilities to jointly create works shall share the rights to such works stipulated in articles 19 and 20 of this Law.

2. A co-author as defined in clause 1 of this article who has jointly created a work, a separate part of which is detachable for independent use without prejudice to the parts of the work of the other co- authors, shall have the rights to such separate part stipulated in articles 19 and 20 of this Law.

Article 39. Copyright holders being organizations and individuals who assign tasks to authors or who enter into contracts with authors

1. Any organization which assigns the task of creating a work to an author who belongs to such organization shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless otherwise agreed.

2. Any organization or individual who enters into a contract with an author for the creation of a work shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law, unless otherwise agreed.

Article 40. Copyright holders being heirs

Any organization or individual who inherits copyright in accordance with the law on inheritance shall be the holder of the rights stipulated in articles 19.3 and 20 of this Law.

Article 41. Copyright holders being assignees of rights

Any organization or individual who is contractually assigned one, several or all of the rights stipulated in articles 19.3 and 20 of this Law shall be the copyright holder.

Article 42. Copyright holders being the State

1. The State shall be the holder of copyright in the following works:

 (a) Anonymous works;

 (b) Works for which the term of protection has not expired but the copyright holder died without leaving an heir or the heir renounced the inheritance or was deprived of the right to inherit;

 (c) Works for which the ownership right was assigned to the State by the copyright holder.

2. The Government shall issue detailed regulations governing the use of works under State ownership.

Article 43. Works belonging to the public

1. Any work whose term of protection has expired pursuant to article 27 of this Law shall belong to the public.

2. All organizations and individuals shall be entitled to use the works stipulated in clause 1 of this article but must respect the moral rights of authors stipulated in article 19 of this Law.

3. The Government shall issue detailed regulations governing the use of works belonging to the public.

Article 44. Related right holders

1. Organizations and individuals who use their time and make a financial investment in or use their material and technical facilities to give a performance shall be the owners of such performance unless otherwise agreed with the parties concerned.

2. Organizations and individuals who use their time and make a financial investment in or use their material and technical facilities to produce audio and visual fixation shall be the owners of such audio and visual fixation unless otherwise agreed with the parties concerned.

3. Broadcasting organizations shall be the owners of their broadcasts unless otherwise agreed with the parties concerned.

Chapter IV

TRANSFER OF COPYRIGHT AND RELATED RIGHTS

Section 1. ASSIGNMENT OF COPYRIGHT AND RELATED RIGHTS

Article 45. General provisions on assignment of copyright and related rights

1. Assignment of copyright and related rights means the transfer by copyright holders or related right holders of the ownership of the rights stipulated in articles 19,3, 20, 29.3, 30 and 31 of this Law to other organizations and individuals pursuant to a contract or in accordance with a relevant provision of law.

2. Authors shall not be permitted to assign the moral rights stipulated in article 19 of this Law, except for the right of publication. Performers shall not be permitted to assign the moral rights stipulated in article 29.2 of this Law.

3. Where a work, performance, audio and visual fixation or broadcast is under joint ownership, the assignment thereof must be agreed upon by all co-owners. In a case of joint ownership of a work, performance, audio and visual fixation or broadcast which is composed of separate parts detachable for independent use, copyright holders or related right holders may assign their copyright or related rights in their separate parts to other organizations or individuals.

Article 46. Contracts for the assignment of copyright or related rights

1. A contract for the assignment of copyright or related rights must be made in writing and include the following principal contents:

 (a) Names and addresses of the assignor and the assignee;

 (b) Grounds for the assignment;

 (c) Price and method of payment;

 (d) Rights and obligations of the parties;

 (dd) Liability for contractual breach.

2. The performance, amendment, termination or cancellation of a contract for the assignment of copyright or related rights must comply with the provisions of the Civil Code.

Section 2. LICENSING OF COPYRIGHT AND RELATED RIGHTS

Article 47. General provisions on licensing of copyright and related rights

1. Licensing of copyright and related rights means the grant of permission by the copyright holder or related right holder for another organization or individual to use for a definite term one, several or all of the rights stipulated in articles 19,3, 20, 29.3, 30 and 31 of this Law.

2. Authors shall not be permitted to license the moral rights stipulated in article 19 of this Law, except

for the right of publication. Performers shall not be permitted to license the moral rights specified in article 29.2 of this Law.

3. Where a work, performance, audio and visual fixation or broadcast is under joint ownership, the licensing of copyright or related rights therein must be agreed upon by all co-owners. In a case of joint ownership of a work, performance, audio and visual fixation or broadcast which is composed of separate parts detachable for independent use, copyright holders or related right holders may license their copyright or related rights in their separate parts to other organizations or individuals.

4. Any organization or individual to whom copyright or related rights are licensed shall be permitted to license other organizations and individuals after obtaining permission from the copyright holder or related right holder.

Article 48. Contracts for the licensing of copyright or related rights

1. A contract for the licensing of copyright or related rights must be made in writing and include the following principal contents:

 (a) Full names and addresses of the licensor and the licensee;

 (b) Grounds for the licence;

 (c) Scope of the licence;

 (d) Price and method of payment;

 (dd) Rights and obligations of the parties;

 (e) Liability for contractual breach.

2. The performance, amendment, termination or cancellation of a contract for the licensing of copyright or related rights must comply with the provisions of the Civil Code.

Chapter V

CERTIFICATES OF REGISTERED COPYRIGHT AND RELATED RIGHTS

Article 49. Registration of copyright and related rights

1. Registration of copyright and related rights means the filing of an application with a file enclosed (hereinafter referred to as application) by an author, copyright holder or related rights holder with the competent State body in order to record information on the author, the work, the copyright holder and the related rights holder.

2. The filing of an application for grant of a certificate of registered copyright or a certificate of registered related rights shall not be a compulsory pre-requisite for entitlement to copyright or related rights in accordance with the provisions of this Law.

3. Organizations and individuals who are granted certificates of registered copyright or certificates of registered related rights shall not bear the burden of proving such copyright or related rights in a dispute, unless contrary proof is tendered.

Article 50. Applications for registration of copyright or related rights

1. Authors, copyright holders and related rights holders may directly file, or may authorize other organizations or individuals to file, applications for registration of copyright or related rights.

2. An application for registration of copyright or related rights shall comprise:

 (a) A declaration for registration of copyright or related rights.

A declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application; and must include complete information on the applicant, author, copyright holder or related rights holder; the summarized content of the work, performance, audio and visual fixation or broadcast; the name of the author, and the title of the work used to make the derivative work if the work to be registered is a derivative work; the date, place and form of publication; and an undertaking accepting liability for the information set out in the application.

The Ministry of Culture and Information shall regulate the sample form of a declaration for registration of copyright or related rights.

 (b) Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;

 (c) A letter of authorization where the applicant is an authorized person;

 (d) Documents proving the right to file the application where the applicant acquires such right by way of inheritance, succession or assignment;

 (dd) Written consent of the co-authors in the case of a work under joint authorship;

 (e) Written consent of the co-owners if the copyright or related rights are jointly owned.

3. The documents stipulated in sub-clauses (c), (d), (dd) and (e) of clause 2 of this article must be written in Vietnamese. Documents in a foreign language must be translated into Vietnamese.

Article 51. Authority to grant registered copyright certificates and registered related rights certificates

1. The State administrative body for copyright and related rights shall have the right to grant registered copyright certificates and registered related rights certificates.

2. The State administrative body authorized to grant registered copyright certificates and registered related rights certificates shall have the right to re-grant, renew or cancel such certificates.

3. The Government shall issue regulations governing the conditions, order and procedures for re- granting, renewal or cancellation of registered copyright certificates and registered related rights certificates.

4. The Ministry of Culture and Information shall regulate the sample forms of registered copyright certificates and registered related rights certificates.

Article 52. Time-limit for granting registered copyright certificates and registered related rights certificates

The State administrative body for copyright and related rights shall be responsible to grant a registered copyright certificate or registered related rights certificate to the applicant, or shall notify the applicant in writing in a case of refusal to grant a certificate, within a time-limit of fifteen (15) working days from the date of receipt of a valid application.

Article 53. Validity of registered copyright certificates and registered related rights certificates

1. Registered copyright certificates and registered related rights certificates shall be valid throughout the entire territory of Vietnam.

2. Any registered copyright certificate or registered related rights certificate which was granted by the State administrative body for copyright and related rights before the effective date of this Law, shall continue to be valid.

Article 54. Official recording and publication of registered copyright and registered related rights

1. Registered copyright certificates and registered related rights certificates shall be officially recorded in the National Register of Copyright and Related Rights.

2. Decisions on the grant, re-grant, renewal and cancellation of effectiveness of registered copyright certificates and registered related rights certificates shall be published in the Official Gazette on copyright and related rights.

Article 55. Re-grant, renewal and cancellation of effectiveness of registered copyright certificates and registered related rights certificates

1. Where a registered copyright certificate or registered related rights certificate is lost or damaged, or where the copyright holder or related rights holder is changed, the competent State body stipulated in article 51.2 of this Law shall conduct procedures for the re-grant or renewal of such certificate.

2. Where the grantee of a registered copyright certificate or registered related rights certificate is not the author, copyright holder or related rights holder; or where the registered work, audio and visual fixation or broadcast is ineligible for protection, the competent State body stipulated in article 51.2 of this Law shall cancel the effectiveness of such certificate.

3. Any organization or individual who discovers that the grant of a registered copyright certificate or registered related rights certificate was contrary to law shall be entitled to request the State administrative body for copyright and related rights to cancel the effectiveness of such certificate.

Chapter VI

REPRESENTATION, CONSULTANCY AND SERVICES REGARDING COPYRIGHT AND RELATED RIGHTS

Article 56. Organizations acting as collective representatives of copyright or related rights

1. An organization acting as the collective representative of copyright or related rights means a non- profit making organization established pursuant to an agreement between authors, copyright holders or related right holders and operating pursuant to the law on protection of copyright and related rights.

2. An organization acting as the collective representative of copyright or related rights may conduct the following activities pursuant to authorization from authors, copyright holders or related right holders:

 (a) Manage copyright or related rights; conduct negotiations for licensing; and collect and distribute royalties, remuneration and other material benefits from the permitted exercise of authorized rights;

 (b) Protect the legitimate rights and interests of its members; organize a conciliation if a dispute arises.

3. An organization acting as the collective representative of copyright or related rights shall have the following rights and duties:

 (a) To encourage creative and other social activities;

 (b) To co-operate with counterparts in international and national organizations on the protection of copyright and related rights;

 (c) To make periodic and one-off reports to competent State bodies on its collective representative activities;

 (d) Other rights and duties stipulated by law.

Article 57. Consultancy and service organizations regarding copyright and related rights

1. Consultancy and service organizations regarding copyright and related rights shall be permitted to be established and operate in accordance with law.

2. A consultancy and service organizations regarding copyright and related rights may conduct the following activities at the request of authors, copyright holders and related right holders:

 (a) Provide consultancy on issues related to the law on copyright and related rights;

 (b) Carry out, on behalf of and pursuant to authorization from copyright holders and related right holders, procedures for filing applications for registration of copyright and related rights;

 (c) Participate pursuant to authorization in other legal relationships on copyright, related rights and protection of legitimate rights and interests of authors, copyright holders and related right holders.