Chương II Nghị định 17/2023/NĐ-CP hướng dẫn Luật Sở hữu trí tuệ về quyền tác giả, quyền liên quan: Quyền tác giả, quyền liên quan

Chapter II

COPYRIGHTS AND RELATED RIGHTS

Section 1. COPYRIGHT

Article 6. Types of works eligible for copyright protection

1. Works of literature, scientific works, textbooks, course books, and other works expressed in form of handwriting or other symbols specified under Point a Clause 1 Article 14 of the Law on Intellectual Property:

a) Works of literature, scientific works, and other works expressed in form of handwriting include: Novels, novellas, short stories; memoirs; poems, narrative poems; scripts; cultural, literature, art, scientific study works, and other written materials;

b) Textbooks are published works that specify requirements of full-time education program, are approved and allowed by the Minister of Education and Training to be used as official teaching materials in full-time education institutions;

c) Course books are official teaching, studying, research materials which have contents appropriate to training programs and are approved, selected by heads of higher education institutions, vocational education and training facilities or approved by competent state authorities as per the law;

d) Works expressed in other symbols are works displayed in form of tactile letters for visually impaired, shorthand symbols, and symbols representing handwritings that can be understood and reproduced by individuals and organizations by different methods.

2. Lectures, speeches, and other talks specified under Point b Clause 1 Article 14 of the Law on Intellectual Property are works expressed by spoken language and must be fixed in a definite tangible medium.

3. Journalism works specified under Point c Clause 1 Article 14 of the Law on Intellectual Property mean works which have independent contents and complete structure, include: Report, newsflash, narration, interview, reflection, investigation, commentary, leading article, treatise, journalistic prose, and other forms of journalism which are then published or broadcasted on printed newspaper, talking newspaper, photo newspaper, online newspaper, or other media.

4. Musical works specified under Point d Clause 1 Article 14 of the Law on Intellectual Property are works that are expressed in form of notes in a musical arrangement or other music symbols regardless whether they are performed or not.

5. Theatrical works specified under Point dd Clause 1 Article 14 of the Law on Intellectual Property are works that fall under performance arts and include: “Chèo”, “tuồng”, “cải lương”, dance, puppetry, contemporary dance, ballet, play, opera, folk play, physical theater, musical theater, circus, comedy, variety shows, and other performance arts.

6. Motion pictures and works created in similar methods specified under Point e Clause 1 Article 14 of the Law on Intellectual Property are works which have contents expressed by a series of still images in succession or images created by technical, technological equipment; with or without audio and other effects according to film language principles. Still images extracted from a motion picture are parts of that motion picture.

Motion pictures do not include video recordings serving news propagation on radio broadcasting services, television services, the internet; performance art programs, video games; video recordings of activities of one or many people, events, situations, or reality shows.

7. Works of art specified under Point g Clause 1 Article 14 of the Law on Intellectual Property are works which are expressed by lines, color, shapes, composition, including:

a) Paintings: Paintings of lacquer, oil paint, powder, water color, dó paper, and other materials;

b) Graphics: Wood engravings, metal engravings, rubber engravings, plaster engravings, unique prints, rock prints, propaganda paintings, graphic design, and other materials;

c) Sculpture: Statues, monuments, relief, memorials, symbolic blocks;

d) Installation arts and other forms of contemporary art.

Works of art, sculpture, installation art, and other forms of contemporary art exist as unique copies. Works of graphic art can be depicted to the 50^th iteration which must be numbered and signed by the authors.

8. Works of applied art specified under Point g Clause 1 Article 14 of the Law on Intellectual Property are works expressed by lines, color, shapes, and compositions with useful functions, potentially associated with a useful item, and manufactured manually or industrially and include: Graphic design (presentation of product logos, identity, and packaging; presentation of characters); fashion design; aesthetic design associated with forming products; aesthetic interior design, interior and exterior decoration. Works of applied art are expressed by aesthetic shaping of products, cannot be easily created by persons with average understanding in respective field, and do not require aesthetic exterior in order to function.

9. Works of photography specified under Clause 1 Article 14 of the Law on Intellectual Property are works depicting images of an objective world on light-sensitive materials or media on which images are created or works depicting images of an objective world created chemically, electronically, or by other technical measures. Works of photography may or may not be accompanied by notes.

10. Works of architecture specified under Point i Clause 1 Article 14 of the Law on Intellectual Property are works in the field of architecture, including:

a) Architectural design drawing of constructions or a combination of constructions, interior, scenery;

b) Constructions.

11. Flow charts, graphs, maps, drawings specified under Point k Clause 1 Article 14 of the Law on Intellectual Property include flow charts, graphs, maps, drawings relating to topography, scientific and architectural constructions.

12. Works of folk literature and art specified under Point 1 Clause 1 Article 14 and Clause 1 Article 23 of the Law on Intellectual Property include:

a) Works of folk literature and art specified under Point a Clause 1 Article 23 of the Law on Intellectual Property are arts of words;

b) Works of folk literature and art specified under Point b and Point c Clause 1 Article 23 of the Law on Intellectual Property are performance arts such as “chèo”, “tuồng”, “cải lương”, puppetry, singing rhythm, folk songs, melodies; dance, folk dance, play, folk games, folk festivals, village festivals, other forms of folk ceremonies.

Article 7. Derivative works

Derivative works specified under Clause 2 Article 14 of the Law on Intellectual Property are works created on the basis of one or many existing works, including:

1. Works of translation mean works depicted in languages other than original languages of the works being translated.

2. A derived work is a work that imitates the contents of another work, possibly changes the genre or contains other changes in the same genre, including changing the composition of the original work to better fit different use conditions.

3. A compiled work is a work compiled from a part or the entirety of existing works in a definite theme and may include commentary, assessment.

4. A supplementary work is a work created by clarifying the meaning and words, phrases, sentences, events, anecdotes, and locations mentioned in the supplemented work.

5. A selected work is a work selected from existing works of one or many authors in a definite period or theme, including anthology.

6. A modified work is a work that is re-compiled, re-written, re-arranged, or having its expression changed relative to the original work for a specific purpose or requirement.

7. An adapted work means a work that is adapted from one medium to another or one art style to another relative to the work based on which the adapted work is created.

Article 8. Works not eligible for copyright protection

1. Purely reporting news specified under Clause 1 Article 15 of the Law on Intellectual Property are short, daily information, short news, factual figures which are informative but not creative in nature.

2. Legislative documents specified under Clause 2 Article 15 of the Law on Intellectual Property include documents of Governmental agencies, political organizations, socio-political organizations, socio-profession-political organizations, social organizations, socio-profession organizations, and people’s armed forces.

3. Procedures, systems, methods of operation, concepts, principles, and figures specified under Clause 3 Article 15 of the Law on Intellectual Property are construed as follows:

a) Procedures are sequences of actions which must be complied with in order to carry out tasks;

b) A system is a combination of factors, units of the same types or functions that are closely connected or correlated and create a unified form;

c) Methods are ways of studying, perceiving natural phenomena and social life;

d) Concepts are thoughts reflecting overview of real things and phenomena and how they are connected;

dd) Principles are basic, general rules that govern a series of phenomenon; important initial thoughts or theories and starting points for further development of other theories.

Article 9. Copyrights of lectures, speeches, and other talks

If authors fix lectures, speeches, or other talks in form of audio recordings or video recordings, they shall hold copyrights of the lectures, speeches, and other talks and simultaneously act as right holders of the audio recordings and video recordings in accordance with Point b Clause 1 Article 44 of the Law on Intellectual Property.

Article 10. Copyrights of motion pictures

1. Individuals mentioned under Point a and Point b Clause 1 Article 21 of the Law on Intellectual Property shall have the right to have their names attached to the motion pictures and be named when the motion pictures are published or used. It is permissible to not include name of everyone in the cast and persons carrying out creative works specified under Point b Clause 1 Article 21 of the Law on Intellectual Property in a motion picture due to the use of said motion picture.

2. In case of agreement on naming and/or editing of motion pictures according to Point d Clause 1 Article 21 of the Law on Intellectual Property, screenwriters and directors are not allowed to take advantage of their moral rights to prevent the naming and editing of motion pictures which are compliant with creative and use requirements of the motion pictures.

Authors and copyright holders of scripts in musical works and musical works which are used in motion pictures are only allowed to prohibit distortion of their scripts in musical works and musical works or revision, editing of their scripts in musical works and musical works which harm their reputation or credibility.

3. The right to lease original or copy of motion pictures mentioned under Point e Clause 1 Article 20 of the Law on Intellectual Property is the right of copyright holders to exclusively lease or authorize other individuals to lease for a limited amount of time.

Article 11. Copyrights of architectural works

1. Authors who are copyright holders shall benefit from moral rights under Article 19 of the Law on Intellectual Property and economic rights under Article 20 of the Law on Intellectual Property.

2. Authors who are not copyright holders shall benefit from moral rights under Clauses 1, 2, and 4 Article 19 of the Law on Intellectual Property; copyright holders shall benefit from rights under Clause 3 Article 19 and Article 20 of the Law on Intellectual Property.

3. Authors and organizations, individuals investing finance and technical infrastructures in creation of architectural works can negotiate about repair of architectural works.

Article 12. Copyrights of computer programs

1. Authors who are copyright holders shall benefit from moral rights under Article 19 of the Law on Intellectual Property and economic rights under Article 20 of the Law on Intellectual Property.

2. Authors who are not copyright holders shall benefit from moral rights under Clauses 1, 2, and 4 Article 19 of the Law on Intellectual Property; copyright holders shall benefit from rights under Clause 3 Article 19 and Article 20 of the Law on Intellectual Property.

3. Organizations and individuals that have the right to legally use copies of computer programs are allowed to fix errors of the computer program copies when necessary.

4. The right to lease computer programs under Point e Clause 1 Article 20 of the Law on Intellectual Property is the right of copyright holders to exclusively lease or allow other individuals to lease the computer programs for a limited amount of time.

5. The right to lease computer programs does not apply if the computer programs are not the main subject matter of the lease in accordance with Point e Clause 1 Article 20 of the Law on Intellectual Property such as computer programs associated with normal operation of traffic vehicles or other technical machinery, equipment.

Article 13. Copyrights of works of folk literature and art

1. Works of folk literature and art specified under Points a, b, and c Clause 1 Article 23 of the Law on Intellectual Property shall be protected by copyrights regardless of their fixation.

2. The use of works of folk literature and art specified under Clause 2 Article 23 of the Law on Intellectual Property means collecting, studying, performing, and introducing values of works of folk literature and art.

3. Citing origins of works of folk literature and art specified under Clause 2 Article 23 of the Law on Intellectual Property means specifying origins, locations of community where the works of folk literature and art are created.

Article 14. Moral rights

1. The right to name their works specified under Clause 1 Article 19 of the Law on Intellectual Property does not apply to works translated from one language to another. The naming of the works must not violate regulations under Clause 2 Article 7 of the Law on Intellectual Property and other relevant law provisions.

2. The right to have their real names or pseudonyms attached to their works under Clause 2 Article 19 of the Law on Intellectual Property applies even when their works are used for derivative works. When authors' works are published or used for derivative works, real names or pseudonyms of the authors must be specified.

3. The right to publish their works or permit other persons to publish their works specified under Clause 3 Article 19 of the Law on Intellectual Property is the issuing of copies of the works in any format in a reasonable quantity for public access depending on the nature of the works by authors or copyright holders or other individuals, organizations with consent of the authors or copyright holders.

Article 15. Public performance right

The right to perform publicly either directly or indirectly via audio recordings, video recordings, or any technological devices in areas accessible to the public where the public cannot freely choose the time or part of the works specified under Point b Clause 1 Article 20 of the Law on Intellectual Property is construed as follows:

1. With respect to works depicted by language or handwritings specified under Points a and b Clause 1 Article 14 of the Law on Intellectual Property: Copyright holders have the right to exclusively enable or permit other persons to enable the public to audibly perceive the works while the public cannot freely choose time or part of the works. Perception of the works can be done from within the presentation locations, via screens, monitors, speakers, or similar technological devices.

2. With respect to musical works specified under Point d Clause 1 Article 14 of the Law on Intellectual Property: Copyright holders have the right to exclusively enable or permit other persons to enable the public to audibly perceive the works or perceive the works performed live on stage while the public cannot freely choose time or part of the works. Perception of the works can be done from within the presentation locations, via screens, monitors, speakers, or similar technological devices.

3. With respect to motion pictures specified under Point e Clause 1 Article 14 of the Law on Intellectual Property: Copyright holders have the right to exclusively enable or permit other persons to enable the public to access, perceive motion pictures via technological devices while the public cannot freely choose time or part of the works.

4. With respect to works of fine arts and works of photography specified under Points g and h Clause 1 Article 14 of the Law on Intellectual Property: Copyright holders have the right to implement or permit other persons to implement exhibitions, display, projection of the works to allow the general public to perceive original works or copies of the works.

Article 16. Joint authorship and joint copyright ownership

1. Co-authors who also are co-owners of copyrights shall negotiate about the exercising of moral rights and economic rights of the works in accordance with Clause 3 Article 12a of the Law on Intellectual Property.

2. Co-authors who are not co-owners of copyrights of the works shall negotiate about the exercising of moral rights while co-owners of copyrights of the works shall negotiate about the exercising of economic rights of the works in accordance with Clause 3 Article 45 and Clause 3 Article 47 of the Law on Intellectual Property.

3. Co-authors and co-owners of copyrights are not allowed to reject the use of their works in a regular manner and for common interests.

4. Co-owners of copyrights of the works have the right to waive the rights specified under Clause 3 Article 19 and Clause 1 Article 20 of the Law on Intellectual Property in writing and notify other co-owners of copyrights. Rights of co-owners of copyrights who have waived their rights shall be automatically transferred to other co-owners.

Article 17. Copyright term of post-humous works

Copyright term of post-humous works shall conform to Article 27 of the Law on Intellectual Property.

Article 18. Copyright holders

Copyright holders specified under Article 36 of the Law on Intellectual Property include:

1. Vietnamese organizations and individuals.

2. Foreign organizations and individuals whose works are created and expressed in a definite tangible medium in Vietnam.

3. Foreign organizations and individuals whose works are first published in Vietnam.

4. Foreign organizations and individuals whose works are protected in Vietnam in accordance with International treaties to which Vietnam is a signatory.

Section 2. MORAL RIGHTS

Article 19. Rights of performers

1. The right to directly reproduce performances fixed on audio recordings, video recordings in accordance with Point b Clause 3 Article 29 of the Law on Intellectual Property is the right of right holders to exclusively produce or permit other persons to produce other copies from the audio recordings and video recordings.

2. The right to indirectly reproduce performances fixed on audio recordings, video recordings in accordance with Point b Clause 3 Article 29 of the Law on Intellectual Property is the right of right holders to exclusively produce or permit other persons to produce other copies from other than the audio recordings and video recordings such as reproducing from broadcasting programs, electronic information network, telecommunication network, the internet, and other similar means.

3. The right to communicate unfixed performances to the public specified under Point c Clause 3 Article 29 of the Law on Intellectual Property is the right of right holders to exclusively communicate or permit other persons to communicate unfixed performances to the public by any other technological measures other than broadcasting.

Article 20. Use of broadcasting program

1. Right holders of broadcasting programs specified under Point c Clause 1 Article 44 of the Law on Intellectual Property are broadcasting organizations that invest finance and their technical facilities in broadcasting, unless otherwise agreed.

2. If works, audio recordings, video recordings are used for the purpose of producing broadcasting programs, broadcasting organizations must fulfill obligations towards copyright holders and related right holders as per the law.

3. Organizations and individuals using broadcasting programs of other broadcasting organizations according to Point a and Point b Clause 1 Article 31 of the Law on Intellectual Property to re-broadcast or transmit via cables, electronic information network, telecommunication network, the internet, or any other technological means shall comply with agreements and relevant law provisions. The revision, editing, and addition to broadcasting programs of other broadcasting organizations for the purpose of re-broadcasting or transmitting via cables, electronic information network, telecommunication network, the internet, or any other technological means require agreement with right holders of the broadcasting programs.

Section 3. LICENSING OF COPYRIGHT AND RELATED RIGHTS, USE OF WORKS, PERFORMANCES, AUDIO RECORDINGS, VIDEO RECORDINGS, BROADCASTING PROGRAMS IN SPECIFIC SITUATIONS

Article 21. Licensing of copyright and related rights

Licensing of copyright and related rights specified under Article 47 of the Law on Intellectual Property include permitting organizations and individuals to exclusively or jointly use one or some or all of the rights specified under Clause 1 and Clause 3 Article 19, Clause 1 Article 20, Clause 3 Article 29, Clause 1 Article 30, and Clause 1 Article 31 of the Law on Intellectual Property depending on time, location, and scope of use.

Article 22. Use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents copyright ownership and related right ownership

1. Organizations and individuals using works, performances, audio recordings, video recordings, or broadcasting programs where the Government represents copyright ownership and related right ownership specified under Clause 1 Article 42 of the Law on Intellectual Property must respect moral rights specified under Clauses 1, 2, and 4 Article 19 and Clause 2 Article 29 of the Law on Intellectual Property and perform obligations of economic rights as follows:

a) Use permission and royalties are required for cases under Clause 3 Article 19, Clause 1 Article 20, Clause 3 Article 29, Clause 1 Article 30, and Clause 1 Article 31 of the Law on Intellectual Property;

b) Use permission is not required but royalties are required for cases under Clause 1 Article 26 and Clause 1 Article 33 of the Law on Intellectual Property;

c) Use permission and royalties are not required for cases under Clause 3 Article 20, Clause 1 Article 25, Article 25a, Clause 5 Article 29, Clause 3 Article 30, Clause 3 Article 31, and Clause 1 Article 32 of the Law on Intellectual Property.

2. Organizations and individuals shall fulfill obligations under Clause 1 of this Article towards:

a) Agencies using state budget to place order, assign tasks, and bid for creation of works, performances, audio recordings, video recordings, and broadcasting programs for cases under Point a Clause 1 Article 42 of the Law on Intellectual Property;

b) State authorities governing copyright and related rights of Ministry of Culture, Sports and Tourism for cases under Point b and Point c Clause 1 Article 42 of the Law on Intellectual Property.

3. Organizations and individuals shall apply for use permission of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents copyright ownership and related right ownership for cases under Point a Clause 1 of this Article as follows:

a) Submit application in person or via post service to agencies under Clause 2 of this Article;

b) Composition of application:

Written application for approval for the use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents copyright ownership and related right ownership (Form No. 1 under Appendix III attached hereto);

Use plans;

Copies of document proof of payment for approval for the use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents copyright ownership and related right ownership (if payment is made via post service or directly to account);

Power of attorney (notarized, certified, or consular legalized) if the application is submitted via authorization.

c) Within 30 days from the date on which adequate application is received,, agencies under Clause 2 of this Article shall send notice on royalty payment and royalty estimates to the applicants;

d) The applicants, upon receiving the notice, must pay royalties in accordance with royalty estimates within 5 working days (including proof of royalty payment);

dd) Within 5 working days from the date on which royalties are received, agencies under Clause 2 of this Article shall promulgate documents approving the use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents copyright ownership and related right ownership;

e) Applicants, upon having the use permission approved, shall remain under inspection and examination of competent authorities regarding the use of works, performances, audio recordings, video recordings, and broadcasting programs in accordance with the approved applications;

g) Application shall be rejected when:

The application is inadequate in accordance with Point b of this Clause;

The applicants fail to pay royalties before the deadline under Point d of this Clause.

4. State authorities governing copyrights and related rights of the Ministry of Culture, Sports and Tourism shall be responsible for receiving copyrights and related rights licensed by organizations and individuals under Point b and Point c Clause 1 Article 42 of the Law on Intellectual Property as per the law.

5. State authorities, organizations, and individuals upon discovering infringement of copyrights or related rights under Clause 1 of this Article have the right to request competent authorities to take actions as per the law.

Article 23. Use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents the right to management of copyright, related right

1. Works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents the right to management of copyright sand related rights specified under Clause 2 Article 42 of the Law on Intellectual Property include:

a) Works, performances, audio recordings, video recordings, and broadcasting programs where copyright holders, related right holders, copyright co-owners, related right co-owners cannot be identified: Mean works, performances, audio recordings, video recordings, and broadcasting programs which have been published without any information on authors, performers, copyright holders, related right holders or with information on authors, performers, copyright holders, related right holders which are Vietnamese organizations and individuals which cannot be reached;

b) Anonymous works: Mean works which have unknown or undisclosed authors (real name or pseudonym) when the works are published.

Authors, performers, copyright holders, related right holders, copyright co-owners, related right co-owners specified under Point a and Point b of this Clause shall be hereinafter referred to as “right holders”.

2. Organizations and individuals wishing to use works, performances, audio recordings, video recordings, or broadcasting programs under Clause 1 of this Article shall apply to state authorities governing copyrights and related rights of Ministry of Culture, Sports and Tourism in person or via post service after failing to search for or contact the right holders.

3. Application for approval for use of works, performances, audio recordings, video recordings, broadcasting programs where the Government represents the right to management of copyright and related rights consists of:

a) Written application for approval for the use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents the right to management of copyright and related rights (Form No. 2 under Appendix III attached hereto);

b) Use plans;

c) Documents proving search effort mentioned under Clause 2 of this Article include:

Documents proving search effort for right holders in the Registration catalog on copyrights and related rights on websites of copyrights and related rights;

Documents on the search for right holders sent to organizations acting as collective representatives of copyright or related rights in the same field as the works, performances, audio recordings, video recordings, and broadcasting programs in question which are not replied or are replied without information on right holders after 30 days from the date of submission.

If organizations acting as collective representatives of copyright or related rights in the same field are absent, the documents must be sent to at least 2 organizations and individuals who have used or are using the works, performances, audio recordings, video recordings, and broadcasting programs in question (if any);

Documents proving the use of electronic devices for the purpose of looking up information on right holders on telecommunication network and the internet.

d) Copies of document proof of payment for approval for the use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents the right to management of copyright and related right (if payment is made via post service or directly to account);

dd) Power of attorney (notarized, certified, or consular legalized) if the application is submitted via authorization.

4. Within 20 days from the date on which adequate application is received, authorities under Clause 2 of this Article shall:

a) Upload the request publicly on websites on copyright and related right in order to search and receive information on right holders;

b) If right holders or authorized persons (if any) object to the request, they shall submit documents on objection and documents proving their position as right holders to authorities under Clause 2 of this Article. Document proof includes:

Documents under Clause 1 and Claus 2 Article 77 of this document;

Original copies or notarized, certified, or consular legalized copies of contracts for creative works, licensing, gifting, trading, capital contribution, transfer of use right of copyright and related rights; documents on task assignment, inheritance or similar documents in case right holders receive transferred copyright and related rights or inherit copyright and related rights as per the law.

Letter of attorney (notarized, certified, or consular legalized) in case persons making the objection is the authorized persons.

c) If right holders or authorized persons (if any) within 30 days from the date of upload under Point a of this Clause, they are considered to have waived the chance to object.

5. At the end of the time limit under Point c Clause 4 of this Article, authorities under Clause 2 of this Article shall review the application and notify the results as follows:

a) If documents on objection are received and right holders have been identified in accordance with assumption of copyright and related rights and other relevant law provisions, authorities under Clause 2 of this Article shall send notice on the results within 30 days to right holders and applicants to allow the parties to negotiate about the use in a law-compliant manner;

b) If documents on objection are not received or right holders cannot be identified in accordance with assumption of copyright and related rights and other relevant law provisions and the application is not rejected in accordance with Point a and Point c Clause 7 of this Article, authorities under Clause 2 of this Article shall send notice on royalty payment and royalty estimates within 30 days to the applicants.

The applicants, upon receiving the notice, must pay royalties in accordance with the royalty estimates within 5 working days (including proof of royalty payment);

c) Within 5 working days from the date on which royalties under Point b of this Clause are received, authorities under Clause 2 of this Article shall promulgate documents approving the use of works, performances, audio recordings, video recordings, and broadcasting programs where the Government represents the right to management of copyright and related rights and publicize the results on websites on copyright and related rights.

The approved use shall be available a definite amount of time and considered for extension if the applicants submit applications.

6. Applicants having their applications approved must pay royalties and stay under examination and inspection of competent authorities regarding the use of works, performances, audio recordings, video recordings, and broadcasting programs in accordance with their approved applications.

7. Application for approval for use is rejected when:

a) The application is inadequate in accordance with Clause 3 of this Article;

b) The right holders have been identified in accordance with Point b Clause 4 of this Article;

c) The right holders prohibited the use of their works, performances, audio recordings, video recordings, or broadcasting programs prior to being unable to be found or contacted;

d) The applicants fail to pay royalties before the deadline under Point b of this Clause.

8. Responsibilities for managing royalties:

a) Authorities under Clause 2 of this Article are responsible for collecting royalties in accordance with Point b Clause 5 of this Article and opening a royalty account for all right holders who cannot be found or contacted.

b) If right holders of works, performances, audio recordings, video recordings, or broadcasting programs which have been approved for use as per the law are found and/or contacted, authorities under Clause 2 of this Article shall request immediate suspension of the use and transfer collected royalties to the right holders after subtracting costs for administration and search as per the law;

c) If right holders cannot be found or contacted within 5 years from the date on which the request is uploaded on websites on copyright and related rights, royalties shall be used to encourage creative works, publicize and promote copyright, related right protection as per the law after subtracting costs for administration and search as per the law.

9. State authorities, organizations, and individuals upon discovering infringement of copyrights or related rights under this Article have the right to request competent authorities to take actions as per the law.

Article 24. Use of works, performances, audio recordings, video recordings, and broadcasting programs in the public domain

1. Organizations and individuals using works, performances, audio recordings, video recordings, and broadcasting programs in the public domain as specified under Article 43 of the Law on Intellectual Property must respect moral rights under Clauses 1, 2, and 4 Article 19 and Clause 2 Article 29 of the Law on Intellectual Property.

2. Regulatory authorities, organizations and individuals holding related rights and obligations, upon discovering infringement of moral rights under Clauses 1, 2, and 4 Article 19 and Clause 2 Article 29 of the Law on Intellectual Property of works, performances, audio recordings, video recordings, or broadcasting programs whose copyright term has ended have the right to request persons committing the infringement to cease the infringement, publish public apology and rectification, file complaints or request complete authorities to take actions as per the law.

3. Political organizations, socio-political organizations, professional-social political organizations, social organizations, professional-social organizations, organizations acting as collective representatives of copyright and related rights have the right to request competent authorities to protect moral rights of works, performances, audio recordings, video recordings, or broadcasting programs of their members that have ended protection term.