Chương IV Nghị định 18/2014/NĐ-CP: Nhuận bút, thù lao đối với xuất bản phẩm

Chapter IV

ROYALTIES AND REMUNERATION FOR PUBLICATIONS

Article 12. Subjects entitled to royalties and remuneration for publications

1. Authors and copyright owners of publications who are paid royalties by agencies or organizations using these publications.

2. Collectors and correctors of works, suppliers of works, documents and materials that are paid remuneration by agencies or organizations using the publications, including:

a/ Folk art and literary works;

b/ Documents of state agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations and economic organizations, and translations of these documents.

3. Editors who are paid remuneration by organizations or agencies using publications, depending on their contributions to the contents of manuscripts.

Royalties and remuneration shall be included in the costs of publications.

Article 13. Royalties for publications

1. The royalty bracket: Royalties for publications shall, depending on genre, quality and quantity of publications, be paid according to the percentage (%) in the royalty bracket below:

2. Agencies or organizations using publications and authors or copyright owners shall, depending on the actual conditions and use demand, reach agreement on ways of calculating royalties and royalty levels for the following types of publications:

a/ E-publications prescribed in Clause 9, Article 4 of the 2012 Publication Law;

b/ Publications of high theoretical, scientific and practical value;

c/ Publications of which ownership is transferred indefinitely;

d/ Other cases as agreed by two parties on a voluntary basis.

3. Other provisions

a/ Correctors of translated works are entitled to 5-30% of the royalties for the translated works, depending on the correction extent and quality;

Where correction is made for over 30% of a translated work, the corrector shall be the co-author of that work;

b/ Editors, collectors and suppliers of works or documents are entitled to remuneration as agreed upon with agencies or organizations using the publications;

c/ For translated, adapted, rewritten, transformed, collected, annotated, selected or anthological publications, agencies or organizations using the publications shall ask for permission of, and pay royalties to, the authors of the original works. The royalty levels shall be agreed upon between the agencies or organizations using the publications and the authors or owners of the original works;

d/ Authors of the lyrics of musical pieces or the words of comic books are entitled to 30-50% of the royalties for those publications;

dd/ For state-funded publications to serve political tasks, security and national defense, external information, ethnic minority people, areas with extremely difficult socio-economic conditions, remote, deep-lying, border and island areas, children, visually impaired persons, and other important tasks, in addition to the royalties prescribed in Clause 1, Article 13 of this Decree, an additional amount of 10-30% of the royalties for such publications shall be paid;

e/ Royalties for bilingual publications are equal to half of the royalties for translated publications of the same genre prescribed in the royalty bracket;

g/ Royalties for re-printed publications are equal to 50-100% of royalties for first-time publication and shall be calculated based on new retail prices;

h/ In addition to the royalties, authors are entitled to 5-10 complimentary copies of each publication. Where a publication belongs to many authors, the quantity of copies of each publication to be provided to the authors or copyright owners shall be decided by agencies or organizations using such publication;

i/ Heads of agencies or organizations using publications shall specify the rate of payment of royalties and remuneration for publications in accordance with this Decree.

Article 14. Methods of royalty calculation

1. The royalty for a publication shall be calculated as follows:

Royalty = Percentage % x Retail price of publication x Quantity of printed copies

In which:

a/ The percentage (%) is the percentage of royalty payment;

b/ The retail price of the publication is the price printed at the bottom of cover 4 of the publication or the retail price written in the publication sale invoice (for publications without printed price) issued at the time of payment of royalties to the author or copyright owner;

In case the retail price changes later, if there is no other agreement in the publication use contract, the retail price used for royalty calculation shall still be the old one.

c/ The quantity of printed copies is the quantity written in the publication use contract.

2. The royalty for a publication ordered by the State shall be calculated as follows:

Royalty = Percentage % x Production cost x Quantity of printed copies

In which:

a/ The percentage (%) and quantity of printed copies must comply with Clause 1 of this Article;

b/ The production cost is total expenses for the production, excluding circulation expense.

3. The royalty for a non-commercial publication (for internal circulation or free distribution) shall be calculated as follows:

Royalty = Percentage % x Production cost x Quantity of printed copies

4. Royalties for textbooks, workbooks or notebooks, teachers’ books and target program books under programs of the Ministry of Education and Training listed at Point 12, Section I of the royalty bracket shall be calculated as follows:

Royalty = Percentage (%) x Minimum wage level x Number of periods set by the program.