The National Anthem is not just a song, but also a sacred symbol of patriotism and national pride. In Vietnam, “Tien Quan Ca” carries a great responsibility, closely associated with the history and culture of the country. However, in the modern context, parodying or insulting the National Anthem can lead to serious legal consequences. Therefore, it is very necessary to clearly understand the legal provisions related to this behavior. The following article from VCD will help you.
1. What is the National Anthem of Vietnam?
According to Article 13 of the 2013 Constitution, the National Anthem of the Socialist Republic of Vietnam is “Tien Quan Ca,” including both the music and lyrics of this work.
The National Anthem is an important part of the culture and national identity of each country. The song “Tien Quan Ca” was born in October 1944 and was composed by musician Van Cao. In 2016, fulfilling the late musician Van Cao’s wish, his wife and 5 children signed to donate both the music and lyrics of “Tien Quan Ca” to the State. The Ministry of Culture was assigned as the agency managing the song “Tien Quan Ca”, responsible for preserving and promoting the value of this song. The song not only expresses patriotism but also reminds us of the history of the nation’s struggle for independence. As a musical work, the Vietnamese National Anthem (including both music and lyrics) is legally protected by copyright in 179 member countries of the Berne Convention, including Vietnam, and the Vietnamese Intellectual Property Law as a literary and artistic work. The performance of the National Anthem often takes place at important events, such as the opening ceremonies of sporting events, national anniversaries, or in official ceremonies, expressing pride and loyalty to the Fatherland.
2. Regulations on the implementation of intellectual property rights related to the National Anthem
The Intellectual Property Law stipulates that copyright in musical works arises from the moment the work is created and expressed in a certain material form, without requiring registration or publication. A work expressed in the form of musical notes in a musical score or other musical symbols with or without lyrics, regardless of whether it is performed or not.
Copyright is the right of an organization or individual to a work that they create or own. The right to own a recording (right related to copyright) is the right of an organization or individual to a performance, audio recording, video recording, broadcast program, etc.
The family of the late musician donated the Tien Quan Ca to the state, which is owned by the state and the entire people, so every Vietnamese citizen has the right to make copies, distribute, perform in public, and communicate to the public.
However, according to Article 7 of the 2005 Law on Intellectual Property (amended in 2009 and 2022), the exercise of intellectual property rights related to the National Anthem, National Flag and National Emblem must comply with the following provisions:
Regarding the scope and duration of protection: Intellectual property rights holders may only exercise their rights within the limits and duration protected by law.
No infringement of interests: The exercise of intellectual property rights must not infringe upon the interests of the State, public interests, or the legitimate rights and interests of other organizations and individuals. This means that the use of the National Anthem must take place freely and without obstruction.
Regarding the right to restrict: In cases where it is necessary to ensure national defense, security, or other interests of the State and society, the State has the right to prohibit or restrict intellectual property rights holders from exercising their rights. At the same time, the State may require the subject to allow other organizations and individuals to use one or more of its rights under appropriate conditions. Thus, the implementation of intellectual property rights related to the National Flag, National Emblem and National Anthem must ensure that the dissemination and use of these symbols are not prevented or hindered. This demonstrates respect and encourages their use in cultural, political and social activities, while protecting national identity and pride.
3. How is the singing of the National Anthem punished?
The crime of insulting the National Flag, National Emblem and National Anthem is stipulated in Article 315 of the 2015 Penal Code specifically as follows:
Crime of insulting the National Flag, National Emblem and National Anthem
Anyone who intentionally insults the National Flag, National Emblem and National Anthem shall be subject to a warning, non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.
Accordingly, anyone who modifies the lyrics of the Vietnamese National Anthem may be prosecuted for insulting the National Anthem. Depending on the severity of the case, penalties will include warnings, non-custodial reform for up to 3 years, and imprisonment for up to 3 years.
Above is the article “What are the penalties for parodying the National Anthem? ” that VCD sends to you. We hope this article is useful to you.
Sincerely,