IP/N/1/VNM/O/2  
 
16 October 2013  
(13-5651)  Page: 1/7  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 NOTIFICATION OF OTHER INTELLECTUAL PROPERTY LAWS AND REGULATIONS  
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
VIET NAM 
This document reproduces the text1 of the unofficial translation of Decree No. 85/2011/ND-CP 
dated September 20, 2011 of the Government amen ding and supplementing a number of articles 
of the Government's Decree No. 100/2006/ND-CP of  September 21, 2006, detailing and guiding a 
number of articles of the Civil Code and the In tellectual Property Law regarding copyright and 
related rights, as notified by Viet Nam on 14 August 2013 under Article 63.2 of the Agreement 
(see document IP/N/1/VNM/5).  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
AUTRES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA  
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
VIET NAM 
Le présent document contient le texte1 de la traduction non officielle du Décret gouvernemental 
n° 85/2011/ND-CP du 20 septembre 2011, modifiant et complétant certains articles du Décret 
gouvernemental n° 100/2006/ND-CP du 21 septembre 2006 contenant des détails et des orientations pour la mise en œuvre de certains articles du Code civil et de la Loi sur la propriété 
intellectuelle relatifs au droit d'auteur et aux droits connexes, notifié par le Viet Nam le 
14 août 2013 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/VNM/5). 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
OTRAS LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
VIET NAM 
En el presente documento se reproduce el texto1 de la traducción no oficial del Decreto del 
Gobierno Nº 85/2011/ND-CP, de fecha 20 de septiembre de 2011, por el que se modifican y 
complementan varios artículos del Decreto del Gobierno Nº 100/2006/ND-CP, de 21 de septiembre de 2006, que contiene disposiciones detalladas y directrices con respecto a  varios artículos del 
Código Civil y de la Ley de Propiedad Intelectual en relación con el derecho de autor y derechos 
conexos, notificado por Viet Nam el 14 de agosto de 2013 en virtud de lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/VNM/5).  
_______________
                                               
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/O/2 
 
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THE GOVERNMENT 
-------  SOCIALIST  REPUBLIC OF VIET NAM 
Independence - Freedom – Happiness 
---------  
No. 85/2011/ND-CP Hanoi, September 20, 2011  
 
DECREE 
 
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S 
DECREE NO. 100/ 2006/ND-CP OF SEPTEMBER 21, 2006, DETAILING AND GUIDING A 
NUMBER OF ARTICLES OF THE CIVIL CODE AND THE INTELLECTUAL PROPERTY LAW 
REGARDING COPYRIGHT AND RELATED RIGHTS 
  
THE GOVERNMENT 
 
Pursuant to the December 25, 2001 Law on Organization of the Government; 
 
Pursuant to the June 14, 2005 Civil Code;  Pursuant to the November 29, 2005 Law on Intellectual Property; 
 
Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of 
the Law on Intellectual Property; 
 
At the proposal of the Minister of Culture, Sports and Tourism,  
 
DECREES: 
 
Article 1.  To amend and supplement a number of articles of the Government's Decree 
No. 100/2006/ND-CP of September 21, 2006, detail ing and guiding a number of articles of the 
Civil Code and the Intellectual Property Law regarding copyright and related rights: 
 
1. To supplement Clauses 11, 12, 13, 14 and 15 to Article 4 as follows: 
 "11. Work of a foreign organization or indivi dual 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 a lump sum of money paid by a party who uses a work to its author or 
copyright holder in order to acquire the authority to use such work. 
 
14. Remuneration means a lump sum of money paid by a party who uses a work to its 
author or copyright holder; or by a party who uses a performance to performers who carry out 
creative activities to convey a copyrighted work to the public. 
 
15. Material benefits means a lump sum of money paid by a party who uses a phonogram 
or video recording to its producer or by a party that uses a broadcast to the broadcasting 
organization. 
 
Other material benefits mean economic advantages which authors, copyright holders and 
related right holders are entitled to, in addition to royalty, remuneration, and material benefits, 
such as prizes, gift books, invitation tick ets to performances, public presentation of 
cinematographic works, work displays or exhibitions and interests in other related material forms." 
 IP/N/1/VNM/O/2 
 
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  2. To amend Article 10 as follows: 
 "1. Lectures, addresses and other speeches specified at Point b, Clause 1, Article 14 of the 
Intellectual Property Law constitute a genre of wo rk presented in spoken languages and must be 
fixed in a certain material form. 
 2. In case authors fix their lectures, addresses and other speeches in the form of 
phonogram or video recording, they are entitled to copyright to such lectures, addresses and 
speeches and, at the same time, hold rights to such phonograms or video recordings according to Clause 2, Article 44 of the Intellectual Property Law." 
 
3. To supplement Article 19a below Article 19 as follows: 
 "Article 19a. Copyright to computer programs 
 
1. Authors of computer programs defined at Point m, Clause 1, Article 14, and Article 22 of 
the Intellectual Property Law are entitled to moral rights specified in Clauses 1, 2 and 4, Article 19 
of the Intellectual Property Law. 
 When signing contracts on creation of computer programs, organizations or persons that 
provide funds and physical and technical foundations for creation of computer programs, and 
authors of such programs may reach agreement on the right to title such programs specified in 
Clause 1, Article 19 of the Intellectual Property Law and the modification and upgrading of such 
programs specified in Clause 4, Article 19 of the Intellectual Property Law. 
 
2. Organizations or persons that provide funds and physical and technical foundations for 
creation of computer programs are copyright ho lders and entitled to the publication right and 
exclusive economic rights specified respectively  in Article 19 and Article 20 of the Intellectual 
Property Law. 
 Authors of computer programs are entitled to royalty and other material benefits as agreed 
with copyright holders. 
 3. Organizations or persons that have the lawful use right to a copy of a computer 
program may make at most one back-up copy for replacement in case the copy currently in use is 
lost, damaged or unusable." 
 
4. To supplement Article 20a below Article 20 as follows: 
 
"Article 20a. Folklores and artistic works  
Folk literary and artistic works to be protected as defined in Clause 1, Article 23 of the 
Intellectual Property Law include: 
 
1. Folk literary and artistic works defined at Point a, Clause 1, Article 23 of the Intellectual 
Property Law, which are works in different genres of the art of words such as humorous story, fable, epic, mythology, legend, anecdote, poem, folk song, proverb, riddle and other similar forms 
of expression. 
 2. Folk literary and artistic works defined at Points b and c, Clause 1, Article 23 of the 
Intellectual Property Law, which are works in diff erent genres of the art of performance such as 
classical drama (tuong), traditional operetta (cheo), reformed opera (cai luong), theme song, 
music melody; dance, performance, folk game, vill age festival, folk ritual and other similar forms 
of expression. 
 
3. Folk literary and artistic works defined at Po int d, Clause 1, Article 23 of the Intellectual 
Property Law, which are works in different genres  of plastic arts such as graphics, paintings, 
sculpture, musical instrument; architectural mode ls and other similar forms of expression." 
 IP/N/1/VNM/O/2 
 
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  5. To amend Clause 2, Article 23 as follows: 
 "2. The right to reproduce works provided at Point c, Clause 1, Article 20 of the Intellectual 
Property Law means one of exclusive economic rights under copyright which are performed by 
copyright holders or their authorized persons to make copies of works by any means or in any 
form, including electronic ones." 
 
6. To amend Article 26 as follows: 
 "1. The term of protection of economic rights and moral rights specified in Clause 3, 
Article 19 of the Intellectual Property Law for a posthumous work is fifty years as from the date of 
first publication. 
 The term of protection of economic rights and moral rights specified in Clause 3, Article 19 
of the Intellectual Property Law for a photographic work or a work of applied arts specified at Point 
a, Clause 2, Article 27 of the Intellectual Property Law is fifty years as from the date of first publication. For a work which remains unpublished within fifty years after fixation, the term of 
protection is fifty years from the date of fixation. 
 2. The term of protection of a cinematographi c or photographic work, a work of applied art 
or an anonymous work specified at Point a, Cl ause 2, Article 27 of the amended Intellectual 
Property Law is as follows: 
 As from the effective date of the Law Amendi ng and Supplementing a Number of Articles 
of the Intellectual Property Law, the term of prot ection for cinematographic or photographic works, 
works of applied art and anonymous works for which the term of protection under Intellectual Property Law has not yet expired complies with Point a, Clause 2, Article 27 of the amended 
Intellectual Property Law; for a dramatic work for which the term of protection under the 
Intellectual Property Law has not yet expired, th e term of protection complies with Point b, 
Clause 2, Article 27 of the amended Intellectual Prop erty Law, which is the lifetime of its authors 
plus fifty years after his/her death." 
 
7. To amend Article 28 as follows:  
"Article 28. Transfer of rights to anonymous works 
 The exercise of rights of owners of anonymou s works specified in Clause 2, Article 41, and 
Point a, Clause 1, Article 42 of the amended Intellectual Property Law is specified as follows: 
 1. Organizations or persons managing anonymous works may transfer rights to such works 
to others and are entitled to remuneration from such transfer. 
 
2. Organizations or persons that are transferre d rights under Clause 1 of this Article are 
entitled to rights of owners until work authors are identified." 
 
8. To amend Article 36 as follows:  
"Article 36. Use of broadcasts 
 1. Owners of broadcasts specified in Clause 3, Article 44 of the Intellectual Property Law 
are broadcasting organizations which provide funds and physical and technical foundations for 
broadcasting activities. 
 2. When using works, phonograms and video recordings to produce broadcasts, 
broadcasting organizations shall perform obligations  toward holders of copyright and related rights 
according to law. 
 
3. Organizations or persons that relay, re-broadcast or transmit via telecommunications or 
electronic communication networks or in any technical media broadcasts of other broadcasting organizations under Points a and b, Clause 1, Article 31 of the Intellectual Property Law shall comply with relevant agreements and laws. Any modification, mutilation or supplementation of 
broadcasts of other broadcasting organizations for re-broadcasting or transmission via IP/N/1/VNM/O/2 
 
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  telecommunications or electric communication networks or in any technical media must be agreed 
by owners of such broadcasts." 
 9. To amend Clause 1, Article 37 as follows: 
 
"1. Authors and holders of copyright and rela ted rights specified in Article 50 of the 
Intellectual Property Law may directly or authorize other organizations or persons to submit 
dossiers of application for registration of copyrigh t or related rights to the headquarters of the 
Copyright Office of Vietnam, representatives office s of the Copyright Office of Vietnam in Ho Chi 
Minh City or Da Nang city or provincial-level Culture, Sports and Tourism Departments of localities in which they reside or are headquartered. Dossiers may be sent by post." 
 
10. To amend Point a, Clause 1, Article 39 as follows:  
"1. The Copyright Office of Vietnam is competent to grant, re-grant, renew and invalidate 
copyright registration certificates and related rights registration certificates specified in Clauses 1 and 2, Article 51 of the Intellectual Property Law. 
 
a. Authors and holders of copyright and relate d rights that wish to have their copyright 
registration certificates or related rights registra tion certificates re-granted or renewed shall file 
applications clearly stating the reason and one dossier specified in Article 50 of the Intellectual 
Property Law at the headquarters of the Copyright Office of Vietnam, representatives offices of the 
Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city or provincial-level Culture, Sports and Tourism Departments of localities in which they reside or are headquartered. Dossiers may be 
sent by post." 
 11. To amend Article 41 as follows: 
 
"1. Organizations acting as collective representatives of copyright or related rights 
specified in Clause 1, Article 56 of the Intelle ctual Property Law must satisfy the following 
conditions: 
 
a. They are authorized by authors or holders of copyright or related rights; 
 
b. They have signed authorization contracts on management of a specific right or group of 
rights with holders of these rights; 
 
c. The collection and division of royalty, remuneration and material benefits generated 
from the utilization of rights or groups of rights are specified in their operation charters and authorization contracts. 
 
2. In case a work, phonogram, video recording or broadcast is related to the rights and 
interests of many organizations which are authorized to act as collective representatives of different rights or groups of rights, the involved  parties may agree to designate one of them to 
negotiate on their behalf on the grant of use licenses, collect and divide money, and make reports 
to the Ministry of Culture, Sports and Tourism before doing so. 
 
3. The management, collection and division of royalty, remuneration and material benefits 
under Point a, Clause 2, Article 56 of the Inte llectual Property Law is specified as follows: 
 a. The collection and division of royalty, remuneration and material benefits by 
organizations acting as collective representatives of copyright and related rights must adhere to 
the principle of publicity and transparency. 
 
b. Organizations acting as collective representatives may retain an appropriate portion of 
collected amounts of royalty, remuneration and material benefits to cover expenses for the performance of their tasks as agreed with authoriz ers. The money amount to be retained shall be 
adjusted in conformity with the effectiveness of co llective representation activities as agreed with 
authorizers and may be determined as a percentage of the total collected amount. 
 IP/N/1/VNM/O/2 
 
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  c. The collection and division of royalty, remuneration and material benefits from 
corresponding foreign or international organizations comply with foreign exchange management regulations. 
 
4. Organizations acting as collective represen tatives of copyright or related rights shall 
make biannual, annual or extraordinary reports under Point c, Clause 3, Article 56 of the Intellectual Property Law as follows: 
 
a. Reports to be sent to the Ministry of Culture, Sports and Tourism, the Ministry of Home 
Affairs and the Ministry of Finance have the foll owing details: amendments or supplementations to 
the operation charters or regulations; changes in the leadership; participation in international 
organizations; other external activities; rates and modes of payment of royalty, remuneration and 
material benefits; long-term and annual programs and plans; operations, conclusion of authorization contracts and use licensing contracts; collection, levels, modes and methods of 
dividing royalty, remuneration and material benefits; and other related activities. 
 b. Any modifications to charters must be re ported to competent authorities for approval 
before realization." 
 12. To supplement Article 45a below Article 45 as follows:  
"Article 45a. Principles and methods of payment of royalty, remuneration and material 
benefits 
 
1. Royalty and remuneration specified in Clause 3, Article 20, Clause 4, Article 29 and 
material benefits specified in Clause 2, Article 30 and Clause 2, Article 31 of the Intellectual Property Law shall be determined as follows: 
 
a. Payment of royalty, remuneration and material benefits must assure the interests of 
authors, users and the public and suit national realities. 
 
b. The level of royalty, remuneration and material benefits depends on the category, form, 
quality, quantity or use frequency of works. 
 
c. Co-authors or collectives of authors shall reach agreement on specific rates for division 
of royalty and remuneration based on their creative  contributions to the works in conformity with 
the form of use. 
 
d. Authors of works and organizations or pe rsons that carry out performances or make 
phonograms, video recordings or broadcasts for children or ethnic minority people; Vietnamese creating works in foreign languages, Kinh persons creating works in ethnic minority their mother 
tongues; persons creating works under difficult or  dangerous conditions or in other special cases 
are entitled to additional royalty, remuneration or material benefits as consolation. 
 
e. The use of copyright and related rights and payment of royalties, remuneration and 
material benefits must be carried out under written contracts according to law. 
 
f. Agencies and organizations funded with the state budget and state enterprises shall 
estimate expenses for payment of royally, remuneration and material benefits within state budget allocations and other revenues according to law. 
 
2. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for 
and coordinate with the Ministry of Finance and the Ministry of Information and Communications in. specifying levels and modes of payment of royalty, remuneration and material benefits 
according to Clause 1, Article 26, and Clauses 1 and 2, Article 33 of the amended Intellectual 
Property Law." 
 
13. To supplement Clause 4 to Article 46 as follows: 
 "4. Copyright and related rights protected under documents which look effect before the 
effective date of the amended Intellectual Prop erty Law shall be further protected under the 
amended Intellectual Property Law, if their term of protection has not yet expired. IP/N/1/VNM/O/2 
 
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Copyright and related rights registration applications already submitted to competent 
processed according to the provisions of law applicable at the time of submission of applications. 
 
All acts of infringing upon copyrights and related rights or breaching contracts committed 
before the effective date of the amended Intellect ual Property Law shall be handled according to 
the provisions of law applicable at the time of commitment." 
 
14. To replace the phrase "Ministry of Cu lture and Information" with the phrase 
"Ministry of Culture, Sports and Tourism." 
 
To replace the phrase "provincial-level Culture and Information Department" with the 
phrase "provincial-level Culture, Sports and Tourism Department." 
 
Article 2.  Effect 
 This Decree takes effect on November 10, 2011. 
 
Article 3.  Implementation responsibilities 
 1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, 
chairpersons of provincial-level People's Committees and organizations and persons with related 
rights and obligations shall implement this Decree. 
 
2. The Minister of Culture, Sports and Tourism shall guide and organize the 
implementation of this Decree. 
 
 
 ON BEHALF OF THE GOVERNMENT   PRIME MINISTER  
 
  
 
 Nguyen Tan Dung  
 
__________