Chương 5 Nghị định 100/2006/NĐ-CP: Tổ chức đại diện tập thể, tổ chức tư vấn, dịch vụ quyền tác giả, quyền liên quan

Chapter V

ORGANIZATIONS ACTING AS COLLECTIVE REPRESENTATIVES OF COPYRIGHT AND RELATED RIGHTS, ORGANIZATIONS PROVIDING COPYRIGHT AND RELATED RIGHTS CONSULTANCY OR SERVICES

Article 41.- Organizations acting as collective representatives of copyright or related rights

1. Organizations acting as collective representatives of copyright or related rights specified in Clause 1, Article 56 of the Intellectual Property Law must satisfy the following conditions for their operation:

a/ They are authorized by authors, copyright holders or related rights holders;

b/ They are authorized to represent authors, copyright holders or related rights holders in managing a specific right or group of rights;

c/ The collection and distribution of royalties, remunerations and other material benefits generated from the exercise of a right or a group of rights specified in their operation charters.

2. When authors, copyright holders or related rights holders have not yet authorized any organizations to act as collective representatives of copyright or related rights, the Culture and Information Ministry shall guide the division of royalties, remunerations and other material benefits.

3. Where a work, phonogram, video recording or broadcast is related to rights and benefits of many organizations authorized to act as collective representatives of different rights or groups of rights, the involved parties may agree to designate one of them to negotiate on their behalf on the grant of use licenses, collect and divide money, and report to the Culture and Information Ministry before doing so.

4. Organizations acting as collective representatives of copyright or related rights shall biannually, annually or extraordinarily report and supply information on their activities to the Copyright Office of Vietnam.

Article 42.- Organizations providing copyright and related rights consultancy or services

1. Organizations providing copyright and related rights consultancy or services shall be established according to the provisions of Clause 1, Article 57 of the Intellectual Property Law when their heads and individuals engaged in the provision of copyright and related rights consultancy or services fully satisfy the following conditions:

a/ Being Vietnamese citizens and having full civil act capacity;

b/ Permanently residing in Vietnam;

c/ Possessing law university degree.

2. They shall biannually, annually or extraordinarily report and supply information on their copyright and related rights consultancy or services to the Copyright Office of Vietnam.