Author: Editor VCD

How to register copyright for graphic design?

Written by Editor VCD on 5 August, 2025. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In the context of strong development of graphic design, protecting the rights of creative works is becoming an issue of concern to many people. One of the ways to help ensure that creative ideas and efforts are not infringed is through the copyright registration process. So, how to register copyright for graphic design? Please follow the article of VCD below.

1. Is graphic design an object protected by copyright?

According to Clause 1, Article 14 of the 2005 Intellectual Property Law (amended by Clause 5, Article 1 of the 2009 amended Intellectual Property Law and replaced by Point a, Clause 82, Article 1 of the 2022 amended Intellectual Property Law), applied art works are one of the types of works protected by copyright.

Referring to Clause 8, Article 6 of Decree 17/2023/ND-CP, applied art works include:

Graphic design:

Form of expression of logos, brand identity and product packaging.

Form of expression of characters.

Fashion design: Design with aesthetic value related to product shaping.

Interior design: Including interior and exterior decoration with aesthetic value.

Applied art works must be expressed in the form of aesthetic product shaping, and the creation of these works cannot be easily performed by people with average knowledge in the corresponding field. However, this does not include the external shaping elements of the product but only serves its basic function.

Therefore, graphic design is one of the subjects protected by copyright under current law.

How to register copyright for graphic design?

2. What conditions must a graphic design copyright registration application meet?

The procedure for registering a graphic design copyright is similar to that for any other copyright protected subject. This registration procedure must be carried out at the Copyright Office or other locations receiving valid applications of the Copyright Office. The composition of the application is also specified in detail in Clause 2, Article 50 of the current Law on Intellectual Property. Requirements for works, performances, audio and video recordings, and broadcasts in the application for copyright and related rights are specified in Article 43 of Decree 17/2023/ND-CP.

Accordingly, graphic designs in the application for copyright registration must meet the following conditions:

Copies of works: Must be clearly shown on A4 paper, ensuring the correct layout, lines, colors, and shapes of the entire work.

Non-Vietnamese letters and words: If the work contains letters or words that are not in Vietnamese, the pronunciation (transliteration into Vietnamese) must be clearly stated. If the letters or words have meaning, they must be translated into Vietnamese. For numbers that are not Arabic or Roman numerals, they must be converted to Arabic numerals.

Works related to medicine and education: If the work has content related to medicine, education, or other specialized fields, there must be documents, papers confirming, assessing, or approving from the competent authority.

If the registration dossier fully meets the conditions, the Copyright Office will issue a Certificate of Copyright Registration for the graphic design. This certificate is valid for protection throughout the territory of Vietnam and is an important legal basis to protect the rights of the author as well as the owner of the work.

3. Duration of protection for graphic design

After completing the graphic design copyright registration procedure, the Copyright Office will receive a Certificate of Copyright Registration for the work, which is valid throughout the territory of Vietnam. Property rights related to copyright for graphic design works will be protected for a period of seventy-five years from the date of first publication of the work.

In addition, the author’s personal rights, including: the right to name the work; the right to have his/her real name or pen name on the work; the right to have his/her real name or pen name mentioned when the work is published or used; and the right to protect the integrity of the work, not allowing others to modify, cut or distort the work in any form that affects the honor and reputation of the author, will be protected indefinitely.

Registering for graphic design protection is an important step in protecting the rights of the author and the owner of the work. Compliance with the correct procedures and legal regulations not only helps ensure legal rights but also creates peace of mind for creators. If you are looking for information about related regulations and procedures, please contact VCD for direct and prompt support.

Above is the article “How to register copyright for graphic design?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

How to register copyright for cartoon characters?

Written by Editor VCD on 29 July, 2025. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

Currently, disputes over ownership of cartoon characters and fictional characters have become a notable issue, not only abroad but also in Vietnam. These disputes not only affect authors but also the entertainment industry. Therefore, copyright registration for cartoon characters is necessary. So how to register? Please follow the article of VCD below.

1. What genre of work do cartoon characters belong to?

Cartoon characters are characters created through drawing or computer techniques, often appearing in cartoon programs, comics, video games, etc.

Therefore, cartoon characters are creative products, expressed in many different forms, such as in comics, literary works, or cartoons. According to the provisions of Article 14 of the current Law on Intellectual Property, the types of works protected by copyright include:

Literary, artistic and scientific works:

Lectures, speeches and other talks.

Journalistic works.

Musical works.

Dramatic works.

Literary, scientific works, textbooks, teaching materials and other works expressed in the form of writing or other characters.

Cinematographic works (cinematic works and works created by similar methods).

Photographic works.

Works of fine arts and applied arts.

Architectural works.

Photographic works.

Works of folk literature and art.

Computer programs, data collections.

Sketches, diagrams, maps, drawings related to topography, architecture, scientific works.

One of the basic conditions for a work to be protected is that it must be directly created by the author through his own intellectual labor, without copying from the work of others.

According to this regulation, cartoon characters are considered a type of applied art work, and therefore are subject to copyright protection.

2. Cartoon character copyright registration application

According to the provisions of Clause 1, Article 6 of the current Intellectual Property Law, copyright is automatically protected without registration from the time the work is created and expressed in a certain material form.

However, to ensure your ownership and prevent future disputes, you should carry out copyright registration procedures. The application for copyright registration for cartoon characters includes:

Copyright registration form: The application must be prepared in Vietnamese and signed by the author, copyright owner or authorized person. The application must include full information about the applicant, author, copyright owner, description of the cartoon character, time, place and form of publication, as well as a commitment to responsibility for the information in the application.

Two copies of the work: Two copies of the cartoon character work for copyright registration must be provided.

Power of attorney: If the applicant is an authorized person, a power of attorney is required.

Documents proving the right to submit the application, if the applicant receives that right from another person through inheritance or transfer.

Written consent of co-authors, if the work has multiple authors.

Written consent of co-owners, if the copyright is jointly owned.

3. Processing time for applications for copyright registration for cartoon characters

Within fifteen working days from the date of receipt of a valid application, the state management agency for copyright is responsible for issuing a Certificate of copyright registration. If the agency refuses to issue a Certificate, it must notify the applicant in writing.

However, in practice, the processing time for applications usually lasts about 2 months from the date of submission to the Copyright Office. The reason is that the number of applications is increasing, which affects the processing time of specialists.

Authors, copyright owners, and related rights owners can submit copyright applications themselves or authorize other organizations or individuals to submit copyright applications. VCD – the consulting and support organization in implementing the procedure for copyright registration for cartoon characters at the Copyright Office Our team of specialists and lawyers will help you carry out this process quickly and effectively.

The above is the article “How to register copyright for cartoon characters?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

Why is copyright protected without registration?

Written by Editor VCD on 29 July, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the context of globalization and the strong development of technology, copyright has become an increasingly concerned issue. A notable point is that copyright does not necessarily need to be registered to be effective. So, why does copyright not need to be registered but is still protected? The following article by VCD will help you.

1. Why does copyright not need to be registered but is still protected?

According to Clause 1 and Clause 2, Article 6 of the current Intellectual Property Law, the basis and time of arising of copyright for works are as follows:

Copyright arises as soon as a work is created and expressed in a specific material form, regardless of the content, quality, form, means or language of the work. This right still exists whether the work has been published or not, or has been registered or not.

Meanwhile, related rights are formed from activities such as performing, recording, filming, broadcasting or transmitting satellite signals carrying encrypted programs. However, related rights must be exercised without infringing upon copyright.

In addition, according to Clause 2, Article 49 of the Law on Intellectual Property, submitting an application for a Certificate of Copyright Registration or a Certificate of Related Rights Registration is not a mandatory procedure to enjoy copyright and related rights under the provisions of this Law.

It can be seen that signing a copyright is not a mandatory requirement. Copyright arises as soon as a work is created and expressed in a specific material form, regardless of content, quality, form, medium or language, and does not depend on whether the work has been published or registered. Therefore, immediately after completing the work, copyright will be automatically formed, even if the copyright registration procedure has not been carried out.

This is the difference compared to the protection of industrial property objects, such as trademarks, inventions, industrial designs, ownership of these objects only arises when the state grants a protection certificate.

2. What are the risks of not registering copyright for a work?

Legally, copyright and works are protected regardless of copyright registration. However, not registering copyright can lead to certain legal risks for the author.

First of all, without copyright registration, the work is easily copied or abused by others for profit. This causes the author to lose the legitimate rights in exploiting his work.

Second, not registering can also lead to disputes. If a work is copied and someone else registers the copyright first, the author will have to prove that he is the creator to protect his rights. However, this proof is not always easy, and many authors have encountered difficulties, even “lost” their work.

Finally, not registering copyright will make it difficult to exploit copyright. According to regulations, the author can transfer some of his rights to another party to receive benefits. However, the transferee often requires a certificate of copyright registration, a basic document to verify legal rights. Therefore, not registering will make other parties hesitant to accept the transfer of copyright.

3. Copyright registration dossier

According to Article 39 of Decree 17/2023/ND-CP, the copyright registration dossier includes the following documents:

Copyright registration declaration: This declaration must be signed or fingerprinted by the author, copyright owner or related rights owner, except in cases where signing is not possible due to physical reasons.

Copy of work: 02 copies of the work (including electronic copies) or 02 copies of the fixed version of the performance, audio recording, video recording, or broadcast program must be submitted.

Authorization document: If the applicant is not the author or copyright owner, a written authorization from that person is required.

Documents proving ownership: Documents proving ownership must be provided, which can be originals or notarized or certified copies. This document may include a contract, inheritance, or assignment of rights.

Affidavit of Creativity: In case the author is not the copyright owner, a written pledge of self-creation and creativity according to the assignment decision is required, along with the contract or certificate of participation in the contest. The author is legally responsible for the content of the pledge.

Consent of co-authors: If the work has multiple co-authors, written consent of all co-authors is required.

Consent of co-owners: In case the copyright or related rights are jointly owned, written consent of all co-owners is required.

Consent of personal image: If the work uses another person’s image, written consent of that person is required according to the law.

Above is the article “Why is copyright protected without registration?” that VCD sent to you. We hope this article is useful to you.

Sincerely,

When authorizing copyright registration, does the authorization document have to be notarized?

Written by Editor VCD on 24 July, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the field of intellectual property, copyright protection plays a very important role, especially in the context of a strongly developing knowledge economy. In reality, individuals or organizations are not always able to carry out copyright registration procedures on their own. This has led to the necessary need to authorize others to represent them. Therefore, the authorization document for copyright has become an essential legal tool, helping to ensure the rights and protect the interests of the author as well as the owner of the work. So, is that authorization document required to be notarized? The following article by VCD will help you.

What is an authorization document for copyright?

Authorization is an agreement between the parties according to which the authorized party will be obliged to perform work on behalf of the authorizing party.

Authorization is one of two forms of representation as prescribed by law as recorded in Article 135 of the 2015 Civil Code. Accordingly, the right to represent is established by authorization between the represented person and the representative or by decision of a competent state agency, by charter of the legal entity or by provisions of law.

According to Clause 2, Article 4 of the current Law on Intellectual Property, copyright is the right of an individual or organization to a work created or owned by them.

Therefore, a copyright authorization document is a legal document for an authorized individual or organization to carry out copyright registration procedures. When the author or owner of a work cannot or does not want to register copyright himself, he or she can authorize another person to do it on his or her behalf.

2. When authorizing copyright registration, does the authorization document have to be notarized?

According to Clause 1, Article 50 of the current Law on Intellectual Property, the author or copyright owner may directly or authorize another organization or individual to submit the application for copyright registration.

The copyright authorization document must have the following basic contents:

Full name and address of the authorizing party and the authorized party.

Content and scope of authorization.

Duration of authorization.

Date of authorization.

Signature and seal of the authorizing party (if any).

Pursuant to the provisions of Clause 6, Article 38 of Decree 17/2023/ND-CP on the application for copyright registration and related rights registration as follows:

Submission of application for copyright registration and related rights registration

…

6. In case of submitting an application for copyright registration and related rights registration through an authorization, the application must include an authorization document. The authorization document must specify the contact information of the authorizing party and the authorized party; the name of the work, performance, audio recording, video recording, broadcast program; the scope of authorization; the authorization period.

According to the above provisions, when registering copyright and related rights through authorization, the dossier must include an authorization document. In case the authorizing party is an organization, that organization must be a legal entity with its own seal to stamp and seal the authorization document.

In case the authorizing party is an individual, the authorization document must be certified in accordance with the provisions of law. Therefore, in case the authorizing party is an individual, the Decree stipulates that the authorization document must be certified in accordance with the provisions of law. This means that, although the authorization document does not necessarily have to be notarized in all cases, if the authorizing party is an individual, certification is mandatory.

Authentication helps confirm the legality and reliability of the document, protecting the rights of both parties in the process of exercising copyright. Authentication also facilitates related legal procedures, minimizing the risk of disputes that may occur later.

Therefore, when performing authorization in copyright registration, individuals need to pay attention to the authentication requirements to ensure that the authorization document fully complies with legal regulations, thereby facilitating the registration process and protecting their legal rights.

Currently, there are many copyright authorization forms shared online. However, using these forms to perform authorization is not a wise choice. Most of the content on the internet is often very general and lacks specificity. This can lead to a lack of clarity about the content of the authorization as well as the responsibilities of the parties involved. Therefore, to effectively protect rights, we need to build a suitable and detailed authorization document that meets legal requirements.

Above is the article ” When authorizing copyright registration, does the authorization document have to be notarized?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

Notes when registering copyright for books

Written by Editor VCD on 24 July, 2025. Posted in Announcement, Copyright Registration, Written works.

In today’s digital age, books are not only intellectual property but also an important tool to affirm the author’s personal value and brand. For the author, each book or publication is a brainchild, and is cared for with all their heart. Therefore, the law has established regulations to protect copyright, to ensure the rights of creators and promote creative activities in society. So what should be noted when registering copyright for books? The following article from VCD will help you.

1. What is book copyright registration?

Books are one of the objects protected by copyright. To create a book, the author has invested a lot of effort, intelligence and creativity, bringing valuable knowledge and information. Therefore, the laws of many countries have issued regulations to protect copyright (or author’s rights) to honor and protect creative achievements, thereby promoting creative activities, especially in the field of publishing.

Current laws do not have specific provisions explaining “What is copyright?”, however, copyright can be understood as the legal rights of the author or owner of his or her work, including the right to use, copy, distribute and display the work. Copyright protects works such as books, music, movies, software and art. It prohibits others from using the work without the owner’s permission. Copyright usually has a certain term, after which the work will become public property.

Therefore, registering a book copyright is when the owner or author of the book directly or authorizes a representative organization to submit an application for book registration to the Copyright Office to record the ownership of the book in Vietnam. When there is any act of intellectual property infringement of books such as impersonation, copying, unauthorized use, etc., the owner will have the right to request the law enforcement agency to take administrative, civil, and criminal measures to handle the act of copyright infringement of the book.

Notes when registering copyright for books

2. Is book copyright registration a mandatory procedure?

According to the provisions of the Law on Intellectual Property, copyright will arise as soon as the work is created and expressed in a certain material form. This does not depend on the content, quality, form, means, language, or whether the work has been published or registered.

Therefore, immediately after completing the work, copyright will automatically arise, even if the copyright has not been registered. However, registration plays an important role in determining ownership when there is a dispute.

Registering a book copyright is not a mandatory procedure but a necessary procedure and is also a way for creators to protect their works from unauthorized use. Copyright registration demonstrates legal ownership of the work, because creating a written work requires intellectual, time and financial investment.

To protect the legitimate rights and interests of both the author and the owner of the work, especially in the event of a dispute, organizations and individuals should carry out the procedure of registering copyright and related rights. This not only helps to establish ownership but also creates a solid legal basis when it is necessary to resolve conflicts.

3. Notes when registering copyright for books

There are a few things to note to save time on registration and make it easier to obtain a Certificate of Copyright Registration:

Before registering for copyright, prepare all the necessary information and documents for registration.

Carefully check whether the work you want to register is protected by copyright or not.

Refer to the copyright-related regulations in the Vietnamese Intellectual Property Law to ensure that the registration process is carried out in accordance with regulations and protects the rights of authors and owners.

Always update and monitor information on book copyright registration files to promptly supplement and correct.

In particular, if the book is a work with content related to medicine, education and other specialized and specific fields, it is necessary to have documents, papers confirming, appraising and approving by the competent authority.

Within 15 working days from the date of receiving a valid application, the Copyright Office is responsible for issuing a Certificate of Copyright Registration to the applicant. If the Office refuses to issue a Certificate, they must notify in writing and state the reason to the applicant. Note that the actual time to complete copyright registration is currently usually 51 working days from the date of application submission.

Above is the article “Notes when registering copyright for books” that VCD sends to you. We hope this article is useful to you.

Sincerely,

If you register for copyright protection in Vietnam, will it be protected internationally?

Written by Editor VCD on 17 July, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

Each country has the right to issue legal regulations to protect intellectual property objects that are suitable for its own interests. Countries will choose the protection standards compatible with their development conditions. Therefore, intellectual property rights will have different characteristics depending on each country. So when you have registered for copyright protection in Vietnam, will that copyright be protected internationally? The following article from VCD will provide you with detailed information.

1. Overview of Vietnamese copyright

Copyright is the copyright of an author over a work he or she creates such as literature, art, science, computer software and other objects specifically prescribed in Article 14 of the current Vietnamese Intellectual Property Law.

In Vietnam, copyright is regulated in the Intellectual Property Law. A work is protected when it meets the conditions of creation and is expressed in a certain material form without registration. However, copyright registration for a work is encouraged as a legal basis to prove ownership.

Copyright in Vietnam is protected under the provisions of the Intellectual Property Law 2022. Accordingly, works of authors who are Vietnamese citizens or organizations or individuals headquartered in Vietnam will be protected within the territory of Vietnam.

Copyright protection is the act by which competent state agencies confirm the copyright of the person who created the work, in which the agency will record certificates of protection for rights such as personal and property rights of the owners. In the event that individuals or organizations commit acts of copyright infringement, they will be handled by law.

If you register for copyright protection in Vietnam, will it be protected internationally?

2. Is copyright registration in Vietnam protected internationally?

Intellectual property rights are “territorial rights”, meaning that they are usually only protected within the territory of a country (Vietnam) or within the territory of a region (for example, within the territories of member countries of the Organization) where registration and protection are obtained.

Principles of international copyright protection:

Because copyright is territorial, each country has its own legal system to regulate it. However, to create cooperation and protect the rights of authors on a global scale, many countries have joined international copyright treaties.

The principles of protection include:

Works are protected under the law of the country where the work is published or exploited.

Automatic protection without registration in a member country of the international convention.

Currently, Vietnam has joined many important international treaties on copyright, including:

Berne Convention for the Protection of Literary and Artistic Works (joined in 2004): This Convention stipulates that works of nationals of member countries will be automatically protected in other member countries without the need for registration.

TRIPS Agreement (Agreement on Trade-Related Aspects of Intellectual Property Rights): This Agreement requires members of the World Trade Organization (WTO), including Vietnam, to implement copyright protection regulations similar to those in the Berne Convention.

Geneva Convention on Copyright in Phonograms: This Convention protects the rights of producers of phonograms against unauthorized copying.

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations: This Convention protects copyright-related rights in the field of musical performances and productions.

Some notes when protecting international copyright:

Not all countries protect copyright the same. Some countries have not joined the Berne Convention or have their own domestic regulations that require authors to research carefully.

The protection period may vary between countries, it may be shorter or longer than in Vietnam.

In case of a dispute, the author may have to file a lawsuit in the country where the violation occurred according to the regulations of that country.

Copyrights registered for protection in Vietnam can be protected internationally through treaties to which Vietnam is a party, especially the Berne Convention. To improve the ability to protect rights abroad, authors should consider additional registration in target countries and cooperate with copyright management organizations. Understanding the scope and mechanism of international copyright protection will help authors make effective use of their works and avoid unwanted disputes.

Above is the article “If you register copyright protection in Vietnam, will you be protected internationally?” that VCD sends to you. We hope this article is useful to you.

Sincerely,

Cases where copyright cannot be transferred

Written by Editor VCD on 17 July, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

Copyright is one of the important intellectual property rights, which aims to protect the rights and creative efforts of the author for the work they create or own. One of the rights that the author has is to transfer the right to use the work to another organization or individual. However, there are cases where copyright is not allowed to be transferred. The following article of VCD will help you.

1. What is copyright?

According to Clause 2, Article 1 of the current Intellectual Property Law, the concept is as follows: Copyright is the right of an organization or individual to the work they create or own.

Thus, copyright includes specific rights granted by law to the author or owner of a work, such as the right to name or pen name on the work, to have the real name or pen name mentioned when the work is published, to be copied, adapted or transmitted, to disseminate the work to the public, etc.

The form of establishing rights is based on an automatic mechanism.

2. Cases where copyright cannot be transferred

According to Article 45 of the current Law on Intellectual Property, “The transfer of copyright and related rights is the act by which the copyright owner or related rights owner allows another organization or individual to use for a limited period one, some or all of the rights specified in 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 this Law”.

Thus, the groups of rights that are allowed to transfer copyright include:

Personal rights

Naming the work.

Publishing the work or allowing others to publish the work.

Property rights

Property rights such as Making derivative works; Directly or indirectly copying the whole or part of the work; Broadcasting and communicating the work to the public; Distributing and importing for distribution to the public;

Performers’ property rights such as: Broadcasting, communicating to the public the fixed version of their performance; Fixing their live performance on a sound recording, video recording; Leasing the original or a copy of a cinematographic work, computer program;

Property rights of producers of sound recordings, video recordings such as: Copying all or part of their sound recordings, video recordings; Distributing, importing for distribution to the public; Commercially leasing to the public the original, a copy of their sound recordings, video recordings; Broadcasting, communicating to the public their sound recordings, video recordings;…

Broadcasting organizations’ rights such as: Broadcasting, rebroadcasting their broadcast programs; Fixing their broadcast programs; Directly or indirectly copying all or part of their broadcast program fixation; Distributing, importing for distribution to the public.

For the transfer of copyright, the author is not allowed to transfer the following personal rights:

To have his/her real name or pen name on the work; to have his/her real name or pen name mentioned when the work is published or used;

To protect the integrity of the work, not to allow others to edit, cut or distort the work in any form that harms the honor and reputation of the author.

For the transfer of related rights, the performer is not allowed to transfer the following personal rights:

To be introduced by name when performing, when releasing audio recordings, video recordings, or broadcasting the performance;

To protect the integrity of the performance image, not to allow others to edit, cut or distort in any form that harms the honor and reputation of the performer.

The transfer of copyright rights is carried out through a copyright license contract, according to the provisions of Article 48 of the Law on Intellectual Property, this contract must be made in writing. The main contents of the contract include:

Full names and addresses of the transferor and the transferee.

Basis for transfer.

Scope of transfer.

Price and method of payment.

Rights and obligations of the parties.

Responsibilities in case of breach of contract.

In addition, the implementation, amendment, termination or cancellation of the contract will be applied according to the provisions of the Civil Code.

According to Article 41 of Decree 17/2023/ND-CP, the issuance of a new Certificate of Copyright Registration and Certificate of Related Rights Registration shall take place when there is a change in the copyright owner, related rights owner, or information related to the author, work, performance, sound recording, video recording, or broadcast program.

Meanwhile, transferring the right to use copyright is only allowing the use of copyright for a certain period of time without transferring ownership. Therefore, transferring the right to use is not considered a change of copyright owner, and therefore, there is no need to carry out the procedure for issuing a new Certificate of Copyright Registration.

Above is the article “Cases where copyright cannot be transferred” that VCD sent to you. We hope this article is useful to you.

Is it allowed to contribute capital with copyright?

Written by Editor VCD on 10 July, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the context of the modern market economy, capital contribution to enterprises is becoming more and more diverse and rich. One of the notable forms of capital contribution is the use of copyright as a capital contribution. Therefore, many people ask whether copyright is allowed to be contributed to establish a business or not? The following article by VCD will help you.

1. Is copyright a type of property?

According to the provisions of Article 105 of the 2015 Civil Code, property is defined to include objects, money, valuable papers and property rights, classified into real estate and movable property. Real estate and movable property can be existing property or property formed in the future. Also according to Article 115 of this Code, property rights are defined as rights that can be valued in money, including intellectual property rights, land use rights and other property rights.

According to Clause 1, Article 4 of the current Law on Intellectual Property, intellectual property rights are the rights of organizations or individuals to intellectual property, including copyright and related rights, industrial property rights and rights to plant varieties.

From these provisions, it can be affirmed that copyright is recognized as a type of property. Thereby, copyright owners have the ability to profit from their creations, according to the provisions of current law.

Is it allowed to contribute capital with copyright?

2. Is it allowed to contribute capital using copyright?

According to the 2020 Enterprise Law, capital contribution is understood as the contribution of assets to form the charter capital of a company, including capital contribution to establish a new company or increase the charter capital of an established company.

Intellectual property rights, according to the provisions of the current Intellectual Property Law, are the rights of organizations or individuals to intellectual property, including copyrights, related rights, industrial property rights and rights to plant varieties.

In Clause 1, Article 34 of the Enterprise Law 2020, contributed capital is determined to be Vietnamese Dong, freely convertible foreign currencies, gold, land use rights, intellectual property rights, technology, technical know-how and other assets that can be valued in Vietnamese Dong. However, it should be noted that only individuals or organizations that are legal owners or have legal rights to use the above assets have the right to use such assets to contribute capital according to the provisions of law.

Therefore, individuals or organizations that legally own intellectual property rights have the full right to use these assets to contribute capital. Capital contribution here is understood as the transfer of intellectual property value through recording the owner on the protection certificate and including this ownership in the list of contributed assets of the enterprise.

3. Conditions for property rights to be contributed as capital.

The property is an intellectual property right that has been registered with a competent state agency and has been granted a protection certificate. Only the owner, that is, the person whose name is on the protection certificate, has the right to use this intellectual property to contribute capital to the enterprise.

According to Clause 1, Article 36, contributed assets that are not Vietnamese Dong, freely convertible foreign currency or gold must be valued by members, founding shareholders or a valuation organization, and the value must be expressed in Vietnamese Dong. Contributed assets when establishing an enterprise must be valued according to the principle of consensus among members or through a valuation organization. If a valuation organization is used, the value of the asset must be approved by more than 50% of the members and founding shareholders.

Note:

If the contributed asset is valued higher than its actual value at the time of capital contribution, the members and founding shareholders will have to jointly contribute the difference between the valuation and the actual value. At the same time, they will also be responsible for damages arising from intentionally valuing the asset higher than its actual value.

The capital contribution is only considered complete when the legal ownership of the contributed asset has been transferred to the company. For assets used in the business activities of the owner of a private enterprise, it is not necessary to carry out procedures to transfer ownership to the enterprise.
In addition, all activities related to the purchase, sale, transfer of shares and capital contributions, receipt of dividends and transfer of profits abroad by foreign investors must be carried out through accounts in accordance with the provisions of the law on foreign exchange management. However, cases of payment by assets or other forms other than cash are still accepted.

Above is the article “ Is it allowed to contribute capital with copyright?” sent to you by VCD. We hope this article is useful to you.

Sincerely,

Register copyright for website design

Written by Editor VCD on 10 July, 2025. Posted in Announcement, Copyright Registration, Fine art work and applied art work.

In today’s digital age, website design is not simply the work of creating a website but also a unique art form, reflecting the creativity and efforts of the designer. Copyright protection for website design has become more important than ever, in order to protect the ideas and creative labor of individuals and businesses. So how to register copyright for website design? Please follow the article of VCD below.

1. Is website design an object protected by copyright?

Web design or website design is simply the work of creating a website for individuals, companies, businesses or organizations. This is the work of helping users create a complete website. Websites can be set up as personal blogs, or e-commerce pages of businesses, companies, organizations, etc. Websites of each business, organization, and unit are designed to have their own unique features and characteristics of each business, organization, and individual in order to convey information.

According to Clause 8, Article 6 of Decree 17/2023/ND-CP, an applied art work is a work expressed by lines, colors, shapes, and layouts with useful features, which can be attached to a useful object, produced by hand or industrially.

An applied art work is expressed in the form of an artistic product design that cannot be easily created by a person with average knowledge in the relevant field and does not include the external design of the product that is required to perform the product’s function.

Therefore, website design is protected by copyright as a work of applied art or computer software, depending on the specific part of the design. According to the 2005 Intellectual Property Law, amended in 2022, copyright is protected for literary, artistic and scientific works.

Specifically, Article 14 stipulates that website design can be considered a work of applied art if it is creative and expressed in the form of images or website interfaces. User interfaces (UI), design structures and website images can be protected in this form. Article 22 clearly states that computer software, including HTML, CSS and JavaScript source code used in website design, is protected as a written work, similar to literary works. At the same time, according to Article 6, copyright for works is automatically protected when they are created and expressed in a certain form without registration.

Therefore, after designing and using the website, it is inevitable that other businesses, organizations, and units will infringe upon it when using similar or identical website designs.

2. How to register copyright for website design.

The application for copyright registration for website design includes:

Application for copyright registration for website design (The latest application form for copyright registration in Clause 1, Article 3 of Circular 08/2023/TT-BVHTTDL).

A commitment from the author or co-author of the website design.

A printed copy of the website design work or source code file.

Documents proving the copyright owner for the website design: Assignment contract, Agreement document, etc.

Application for copyright registration can be submitted to the Copyright Office or through representative offices, with the option of submitting the application directly or by post.

During the application process, the Department may request additional or revised information, so timely monitoring and feedback is important to ensure the registration process goes smoothly. Finally, when the application meets the requirements after assessment, the Copyright Office will issue a copyright certificate for the website design.

Necessary notes when protecting copyright for website design:

To protect the website design from being copied, it is very important to register copyright immediately after completion. If not done promptly, there may be risks when others use your ideas without permission

Storing complete design documents is necessary to protect copyright. You should keep original copies of all related documents, including designs, source codes and updated versions.

Consult a specialized lawyer: Lawyers with experience in the field of intellectual property will help you better understand the registration process, as well as your rights and obligations after being granted a certificate. They can also advise on how to handle copyright violations and protect your rights.

After registering copyright, you need to monitor the use of your work. If you detect any violations, take timely measures to protect your rights.

Above is the article “Register copyright for website design” that VCD sent to you. We hope this article is useful to you.

Sincerely,

What should content creators do to protect the copyright of their works?

Written by Editor VCD on 1 July, 2025. Posted in Announcement, Copyright Registration, Copyright-related rights.

In the era of strong digital technology development, people’s need to access information is increasing. The explosion of the Internet and social media platforms has opened up many opportunities for digital content creation. However, this also poses a big challenge for creators in protecting the copyright of their works. The following article from VCD will help you.

1. What is content creation? Who is a content creator?

Article 2 of Circular 02/2025/TT-BGDDT (effective from March 11, 2025) stipulates as follows:

…

12. Digital etiquette is a set of rules, standards and appropriate behaviors in the digital environment, including communication via the Internet, using social networks, email, applications and online platforms.

13. Digital content is content that exists in the form of digital data encoded in a readable digital format and can be created, viewed, distributed, modified and stored using computers and digital technology.

14. Digital communication means are platforms, tools and content created, stored, distributed and accessed through digital technology, including the Internet, social networks, mobile applications, electronic devices.

Accordingly, digital content creation is understood as the production of content on digital platforms. Content can include many different formats such as articles, videos, images, sounds, etc.

Digital content creators are generally called digital creators or content creators, who are individuals who utilize their thinking and creativity to produce content on social media to attract viewers. They can be anyone from young creative enthusiasts to those who have experience in the media field. They can work independently or in groups to monetize their content through advertising, sales cooperation, etc. They can work for many different purposes, including entertainment, education, marketing or communication.

What should content creators do to protect the copyright of their works?

2. What do content creators need to do to protect the copyright of their work?

In recent years, the profession of digital content creation has grown strongly, especially in developed countries. This is due to the explosion of the internet and social media platforms, which have created opportunities for people to share their content with a large audience.

Vietnamese law does not have the concept of copyright, in legal language, copyright is authorship. Pursuant to Clause 2, Article 4 of the Law on Intellectual Property: “Copyright is the right of an organization or individual to a work that they create or own”. Copyright issues are regulated in the current Law on Intellectual Property, relevant Decrees, Circulars and other legal documents. Pursuant to Article 14 of the current Law on Intellectual Property, works that are protected by copyright are specifically regulated.

To protect intellectual property rights for creative content products, pay attention to the following points:

First, registering copyright at the Copyright Office is necessary. Submit an application for registration for products such as articles, videos, images and music. This application must include a copy of the work, information about the author and owner, along with relevant documents to prove ownership.

After completing the registration process, the owner will receive a certificate of copyright. This is an important legal document that helps protect their rights in case of a dispute. This certificate not only confirms ownership but also facilitates the handling of issues related to copyright infringement.

In addition to registration, technological measures should be applied to protect content. The use of watermarks, encryption, and copyright tracking tools will help prevent unauthorized copying and use. These technologies not only protect the product but also enhance the value and reputation of the work.

Finally, the owner needs to monitor and handle violations regularly. Monitoring to promptly detect violations such as unauthorized copying or distribution is very important. When detecting violations, the owner should take appropriate measures, such as sending warnings, requesting the removal of infringing content, or even filing a lawsuit if necessary. Following these steps will help protect your intellectual property and rights effectively.

Above is the article “What should content creators do to protect the copyright of their works?” that VCD sends to you. We hope this article is useful to you.

Sincerely,