Copyright and related rights have gained more attention from creators in recent years. Along with that, one of the biggest concerns of authors, copyright and related rights owners is the procedure of registration of copyright and related rights. In this article, we will clarify the legal provisions related to copyright and related rights registration procedures in Vietnam.
1. Procedures for registration of copyright and related rights in accordance with Vietnamese law
According to the provisions of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, and 2022 (“IP Law“)) and Decree No. 22/2018/ND-CP, the registration of copyright, related rights will be done according to the following steps:
- Step 1: Determine the type of work that will be registered for copyright protection, the object that will be registered for related rights protection
Note: The application must be made in Vietnamese; if it is made in another language, it must be translated into Vietnamese (except for the declaration of copyright and related rights registration, which must be made in Vietnamese).
After completing step 1, Authors, owners of copyright and related rights may directly or authorize other organizations or individuals to submit applications for registration of copyright or related rights to copyright authorities, whether in person, by post, or on National Public Service Portal. The application will include the following documents:
– Declaration for registration of copyright, made according to form No. 01, declaration for registration of related rights according to form No. 02. Form No. 01 and Form No. 02 are issued according to Circular No. 08/2016/TT-BVHTTDL July 2, 2016, of the Minister of Culture, Sports and Tourism.
The declaration form must be written in Vietnamese and contains information about the applicant, the author, the owner(s) of copyright or related rights; completion time; summarized content of the work, performance, audio recording, video recording or broadcast; the name of the author, copyright owner, the work used for the creation of the derivative work if the work to be registered is a derivative work; time, location and form of publication; information about re-grant or replacement (if any); commitment to take responsibility for the information provided in the declaration form. The declaration must bear the signature or fingerprints of the author, owner of the copyright, and owner of related rights unless they are not physically capable of signing or appending fingerprints.
– Two copies of the work that is the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration.
– Documents proving ownership of artistic freedom or assignment of creative works, creativity contract, inheritance of rights, transfer of rights.
– Written consent of the co-authors in the case of work under joint authorship.
– Written consent of the co-owners if the copyright or related rights are jointly owned.
– Copy of citizenship/passport of the author, owners of copyright and related rights, authorized representative, and applicant.
– Author’s statement.
– A certified copy of the certificate of enterprise registration, establishment decision, etc. (in case the registration subject is a legal entity or an organization).
– Authorization letter if the applicant is an authorized person.
Note: Depending on each specific case, the above documents may be changed and supplemented accordingly.
- Step 3: Submit an application for copyright registration or related rights registration
Authors, owners of copyright and related rights may directly or authorize other organizations or individuals to submit dossiers for registration of copyright or related rights in a direct manner, via the postal service or through the online public service portal for the state management agency in charge of copyright and related rights. The agency receiving dossiers is the Copyright Office in Hanoi City or the Representative Office of the Copyright Office in Ho Chi Minh City, Da Nang City (collectively referred to as the “Copyright Office“).
- Step 4: Track the submitted application
Within 15 working days from the receipt of the valid application, the copyright authority shall grant the certificate of registered copyright or registered related rights to the applicant or notify the applicant in writing in case the application is rejected.
- Step 5: In case of refusal to issue a certificate, the applicant needs to amend and supplement the dossier according to the opinion of experts and submit a modified dossier
- Step 6: Get a Copyright Registration Certificate or Related Rights Registration Certificate
Organizations and individuals must pay fees when they receive the Copyright Registration Certificate or Related Rights Registration Certificate. Fees are specified in Article 4 of Circular 211/2016/TT-BTC stipulating the fees for processing applications for registration of copyright and related rights, the collection, transfer, and management thereof.
2. Legal services to support copyright protection of Vietnam Copyright Development Joint Stock Company
With a team of experienced legal experts, VCD confidently assists Clients in resolving issues related to copyright protection. With the principle of always protecting Clients’ legal rights and interests, VCD strives to provide the most prompt and effective work implementation. Besides, VCD regularly reports the progress and provides the next action plan so that Clients can easily monitor and evaluate the work results. Clients can completely trust our legal services to protect the copyright.
Above is the article “Procedures for registration of copyright and related rights in Vietnam“. We hope this article is useful to you.
