Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Decree provides guidelines for certain number of articles of the Intellectual Property Law and Law on amendments to the Intellectual Property Law 2009 (hereinafter referred to as the Intellectual Property Law in terms of the copyright and related rights.
Article 2. Regulated entities
This Decree applies to:
1. Authors, copyright owners, performers, related right owners in accordance as prescribed in the Intellectual Property Law.
2. Other entities in connection with copyright and related rights.
3. Competent authorities in charge of copyright and related rights.
Article 3. Interpretation of terms
For the purposes of this Decree, these terms below shall be construed as follows:
1. “posthumous works” means those first published after their authors’ death.
2. “anonymous works” means those published without indicating or having not indicated their authors’ names (real names or pseudonyms) thereon.
3. “fixation” means the expression in written languages, other characters, lines, three-dimensional figures, layouts, colors, sounds, images or the reproduction of sounds or images in whatever material form from which a work can be perceived, reproduced or otherwise communicated.
4. “original of works” means versions presented in any material medium in which the creation of such works has been first fixed.
5. “copies of works” means directly or indirectly reproduced versions of the entire or part of works by any mean or form.
6. “phonograms and video recordings” means fixations of sounds and images of performances or other sounds and images or the reproduction of sounds and images not in fixed forms as part of cinematographic works or other works made by similar method.
7. “copies of phonograms and video recordings” means directly or indirectly reproduced versions of the entire or part of fixed phonograms and video recordings made by any mean or form.
8. “publication of fixed performances or phonograms and video recordings” means the public presentation of copies of such fixed performances or phonograms and video recordings with the consent of related rights holders.
9. “retransmission” means the transmission of rebroadcasting or relay by one broadcasting organization.
10. “encrypted program carrying satellite signals” means program carrying signals transmitted by satellites in whatever forms in which phonogram or visual features or both have been changed so as to prevent those not having legal satellite signal decoder from illegally recording of the program transmitted in that signal.
11. “work of a foreign organization or individual first published in Vietnam” means a work which is not yet published elsewhere prior to its publication in Vietnam.
12. “simultaneous publication” means the publication of a foreign organization's or individual's work in Vietnam within 30 days after it is first published elsewhere.
13. “royalty” means payment is made by user of a work to the author or copyright owner if the copyright owner is not the author.
14. "remuneration” means a sum of money that an intended user of work pays to the copyright owner or a user of performance pays to the performer or owner of performance.
15. “material benefits” means a sum of money paid by a party that uses a phonogram or video recording to its producer or by a party that uses a broadcast to the broadcasting organization.
16. “other material benefits” means economic advantages which authors, copyright owners and related right holders are entitled to, in addition to royalty, remuneration, and material benefits, such as prizes, gift books, invitation tickets to performances, public presentation of cinematographic works, work displays or exhibitions.
Article 4. The State’s policies on copyright and related rights
1. Providing financial aids for purchase of copyright by regulatory agencies, which are tasked to popularize works, performances, phonograms, video recordings and broadcasts of ideological, scientific or artistic value for public interest, thus contributing to socioeconomic development.
2. Prioritizing investment in training and retraining of officials and public employees engaged in the management and enforcement of copyright and related rights protection from central to local governments.
3. Prioritizing investment and application of science and technology to protection of copyright and related rights.
4. Promoting communication to raise public awareness of compliance with regulations on copyright and related rights. Intensifying the education of knowledge on copyright and related rights in schools and other educational institutions in conformity with each grade and level of education.
5. Channeling more social funds to improve capacity of the copyright and related right protection system and meet requirements for socio-economic development and international integration.
Article 5. Roles of regulatory agencies in copyright and related rights
1. The Government shall consistently perform state management of copyright and related rights.
2. The Ministry of Culture, Sports and Tourism shall be held accountable to the Government for state management of copyright and related rights and have the following duties and powers:
a) Formulate, promulgate and direct the implementation of strategies, laws, mechanisms and policies on protection of copyright and related rights.
b) Take measures to protect lawful rights and interests of the State, organizations or individuals in the sector of protection of copyright and related rights.
c) Manage and exploit copyright of works, related rights of performances, phonograms and video recordings, broadcasts owned by the State; receive transfer of copyright of entities to the State as per the law.
d) Provide guidelines for the supply, cooperation, placement of orders, use and assurance of copyright to works and related rights to performances, phonograms, video recordings or broadcasts.
dd) Provide training and refresher courses in copyright and related rights.
e) Manage operation of designated collective representative of copyright and related rights (hereinafter referred to as designated collective representative), advisory organizations of copyright and related rights.
g) Issue, reissue, change, or cancel validity of copyright registration certificates and related right registration certificates.
h) Compile and manage the national register of copyright and related rights.
i) Publish and issue Official Gazettes on copyright and related rights.
k) Organize and direct the education, propagation and dissemination of knowledge, law, mechanisms, policies on copyright and related rights and the activities of supplying information and making statistics on copyright and related rights.
l) Manage the assessment of copyright and related rights.
m) Inspect, examine and take actions against violations of law on copyright and related rights; to settle complaints and denunciations about copyright and related rights.
n) Enter into international cooperation on copyright and related rights.
3. Ministries, ministerial-level agencies, Governmental agencies shall, within their respective duties and powers, cooperate with the Ministry of Culture, Sports and Tourism in performing the state management of copyright and related rights.
4. A People’s Committee of province or central-affiliated city (hereinafter referred to as province) shall perform state management of copyright and related rights in the province, with duties and powers below:
a) Organize activities of protecting copyright and related rights in their localities; apply measures to protect legitimate rights and interests of the State, organizations or individuals in relation to copyright and related rights.
b) Inspect, examine and settle according to their competence complaints, denunciations and violations of legal provisions on copyright and related rights in the province.
c) Perform other duties as per the law.
Tìm kiếm
Nghị định 22/2018/NĐ-CP (Bản Pdf)
Nghị định 22/2018/NĐ-CP (Bản Word)
