WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/VNM/C/1 
12 February 2008 
 (08-0626) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PROPERTY  
LAWS AND REGULATIONS NOTIFIED UNDER  
ARTICLE 63.2 OF THE AGREEMENT 
 
VIET NAM  
 The present document reproduces the text1 of Decree No. 100/2006/ND-CP 
of September 21, 2006, Detailing and Guiding the Implementation of a Number of Articles of the 
Civil Code and the Intellectual Property Law Regard ing the Copyright and Related Rights, notified by 
Viet Nam under Article 63.2 of the Agreement (see document IP/N/1/VNM/1). 
 
 
Conseil des aspects des droits de propriété intellectuelle qui touchent au commerce 
 
 
PRINCIPALES 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 du Décret 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 concernant le dr oit d'auteur et les droits connexes, notifié par le 
Viet Nam au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/VNM/1). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio  
 
 
PRINCIPALES 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 del Decreto Nº 100/2006/ND-CP, de 21 de 
septiembre de 2006, que contiene disposiciones deta lladas y directrices sobre la aplicación de varios 
artículos del Código Civil y de la Ley de propied ad intelectual relativos al derecho de autor y 
derechos conexos, notificado por el Viet Nam en virtud de lo dispuesto en el párrafo 2 del artículo 63 
del Acuerdo (véase el documento IP/N/1/VNM/1). 
                                                      
1 In English only./En anglais seulement./En inglés solamente. IP/N/1/VNM/C/1 
Page 2  
 
  DECREE No. 100/2006/ND-CP OF SEPT EMBER 21, 2006, DETAILING AND 
GUIDING THE IMPLEMENTATION OF  A NUMBER OF ARTICLES OF THE 
CIVIL CODE AND THE INTELLECTUAL  PROPERTY LAW REGARDING THE 
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 Intellectual Property Law; 
 
At the proposal of the Culture and Information Minister, 
 
DECREES: 
 
Chapter I 
GENERAL PROVISIONS 
 
Article 1.-  Scope of regulation  
 This Decree details and guides the implementation of  a number of articles of the Civil Code and the 
Intellectual Property Law regarding the copyright and related rights. 
 
Article 2.-  Subjects of application 
 This Decree applies to Vietnamese organizations and individuals; and fo reign organizations and 
individuals engaged in activities relati ng to copyright and related rights. 
 
Article 3.-  Protection of copyright and related rights  
 1. Protection of copyright means protection of the ri ghts of authors to all types of literary, artistic and 
scientific works specified in Article 738 of the Civil Code and Articles 18, 19 and 20 of the 
Intellectual Property Law. 
 2. Protection of related rights means protection of  the rights of performers to their performances; the 
rights of producers of phonograms and video recordings to such phonograms and video recordings; the rights of broadcasting organizations to their broadcasts and encrypted program-carrying satellite 
signals specified in Articles 745, 746, 747 and 748 of the Civil Code and Articles 29, 30 and 31 of the 
Intellectual Property Law. 
 
Article 4.-  Interpretation of terms 
 In this Decree, the 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 their authors’ names (real names or 
pseudonyms) thereon. 
  IP/N/1/VNM/C/1 
 Page 3 
 
 
  3. Original exemplars of works means versions presented in any material medium in which the 
creation of such works has been first fixed.  4. Copies of works means directly or indirectly re produced versions of the entire or part of works. 
Photocopies of works are also regarded as copies. 
 
5. Fixation means the expression in written languag es, other characters, lines, three-dimensional 
figures, layouts, colors, sounds, images or the reproduc tion of sounds or images in whatever material 
form from which a work can be perceived, reproduced or otherwise communicated.  
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 audiovisual works.  7. Copies of phonograms and video recordings means di rectly or indirectly reproduced versions of the 
entire or part of fixed phonograms and video recordings. 
 8. Publication of fixed performances or phono grams 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 simultaneous transm ission by one broadcasting organization of a 
broadcast from another such organization. Re lay is also regarded as retransmission. 
 10. Encrypted program-carrying satellite signals means program-carrying signals transmitted by 
satellites in whatever forms in which audio or visu al features or both have been changed so as to 
prevent the illegal receipt of such programs. 
 
Article 5.-  The State’s policies on copyright and related rights 
 The State’s policies on copyright and related rights pr ovided for in Clauses 2, 3 and 4, Article 8 of the 
Intellectual Property Law include: 
 
1. To provide financial supports for purchase of c opyright by state agencies or organizations, which 
are tasked to popularize works, performances, phonograms, video recordings and broadcasts of 
ideological, scientific or artistic value for public  interest, thus contributing to socio-economic 
development. 
 
The Culture and Information Ministry shall assume the prime responsibility for, and coordinate with 
the Finance Ministry, the Planning and Investment Ministry and concerned agencies in, guiding the elaboration of financial plans (creation of sources and setting up of funds) and formulating 
mechanisms for copyright purchase.  
The Culture and Information Ministry shall approve  the lists of works eligible for supports for 
copyright purchase by central agencies or organi zations, while provincial People’s Committees shall 
approve the lists of works elig ible for supports for copyrigh t purchase by local agencies or 
organizations.  
2. To prioritize investment in training and retraining of cadres, civil servants and state employees 
engaged in the management and enforcement of copyright and related rights protection from the 
central to local levels.  IP/N/1/VNM/C/1 
Page 4  
 
  To concentrate on training and retraining the continge nt of cadres for performing the task of right self-
protection in the collective representation of copyright and related rights.  3. To prioritize scientific research subjects con cerning law, mechanisms and policies on, and the 
application of scientific-technical and technological solutions to, protection of copyright and related 
rights. 
 4. To intensify the education of knowledge on copy right and related rights in schools of all grades. 
The Education and Training Ministry shall assume the prime responsibility for, and coordinate with 
the Culture and Information Ministry in, the incl usion of the copyright and related rights in the 
university, college and professiona l secondary education curricula. 
 
Article 6.-  Contents of, and responsibilities for, state management of copyright and related rights 
 1. The Government shall perform the unified stat e management of copyright and related rights. 
 
2. The Culture and Information Ministry shall be  responsible before the Government for state 
management of copyright and related rights and have the following tasks and powers: 
 a/ To formulate and direct the implementation of strategies, laws, mechanisms and policies on protection of copyright and related rights; 
 
b/ To promulgate and organize and guide the implementation of legal documents on copyright and 
related rights according to the provisions of law;  c/ To take measures to protect lawful interests of the State, organizations or individuals in the domain 
of protection of copyright and related rights; 
 d/ To manage copyright to works (including com puter programs and compilati ons of data), related 
rights to performances, phonograms, video recordings or broadcasts belonging to the State according 
to the provisions of law;  
e/ To provide for the supply, cooperation, placeme nt of orders and assurance of copyright to works 
and related rights to performances, phonogr ams, video recordings or broadcasts; 
 f/ To build up and manage the apparatus in charge  of copyright and related rights; to organize the 
training and retraining of personnel in ch arge of copyright and related rights; 
 
g/ To manage activities of organizations acting as co llective agents of copyright and related rights; 
 h/ To grant, re-grant, renew or revoke copyright registration certificates, related rights registration 
certificates and other relevant procedures;  
i/ To compile and manage the national regi ster of copyright and related rights; 
 j/ To publish and distribute the Official Gazette on copyright and related rights; 
 k/ To organize and direct the education, pr opagation and dissemination of knowledge, law, 
mechanisms, policies on copyright and related right s and the activities of supplying information and 
making statistics on copyright and related rights;  l/ To organize and manage the assessment of copyright and related rights;   IP/N/1/VNM/C/1 
 Page 5 
 
 
  m/ To conduct inspection, examination and handling of violations of law on copyright and related 
rights; to settle complaints and denunciati ons about copyright and related rights; 
 n/ To enter into international coope ration on copyright and related rights. 
 
3. The Culture and Information Ministry shall be responsible before the Government for assuming the 
prime responsibility for, and coordinating with mi nistries, ministerial-level agencies, government-
attached agencies, and provincial/municipal Peop le’s Committees (hereinafter referred to as 
provincial-level People’s Committees) in, performing the state management of copyright and related 
rights. 
 
The Copyright Office of Vietnam is a body attached to the Culture and Information Ministry, assisting 
the Culture and Information Minister in performi ng the function of state management of copyright 
and related rights. The Culture and Information Mini ster shall specify the functions, tasks and powers 
of the Copyright Office of Vietnam in performing the state management of copyright and related 
rights. 
 The Culture and Information Ministry shall coordina te with the Science and Technology Ministry in 
formulating general guidelines, policies and law on protection of intellectual property rights, 
synthesizing general information on intellectua l property, executing projects on international 
cooperation on intellectual property, and performin g other common tasks under the Government’s 
direction. 
 4. Ministries, ministerial-level agencies, governme nt-attached agencies and provincial-level People’s 
Committees shall, within the ambit of their respectiv e tasks and powers, have to coordinate with the 
Culture and Information Ministry in performing the state management of copyright and related rights. 
 
Article 7.-  The state management competence of provincial-level People’s Committees                
 1. Provincial-level People’s Committees sh all have the following tasks and powers: 
 a/ To organize and guide the enforcement of legal provisions on copyright and related rights in their 
respective localities; 
 b/ To promulgate according to their competen ce legal documents guiding and directing the 
enforcement of legal provisions, regimes and polic ies on copyright and related rights in suitability 
with local characteristices and conditions; 
 
c/ To organize activities of protecting copyright and re lated rights in their localities; to apply measures 
to protect legitimate rights and interests of the St ate, organizations or i ndividuals in relation to 
copyright and related rights;  d/ To inspect, examine and handle according to  their competence complaints, denunciations and 
violations of legal provisions on copyright and related rights in their localities; 
 e/ To guide and receive applications for registrati on of copyright and related rights according to their 
competence and the provisions of law;  
f/ To coordinate with the Culture and Informa tion Ministry, concerned ministries, branches and 
provincial-level People’s Committees in pr otecting copyright and related rights. 
 2. Provincial/municipal Culture a nd Information Services shall assi st provincial People’s Committees 
in performing the function of state management of copyright and related rights. IP/N/1/VNM/C/1 
Page 6  
 
   
Presidents of provincial-level People’s Committees shall specify functions, tasks and powers of 
provincial/municipal Culture and Information Servi ces, district-level and commune-level People’s 
Committees in performing the state management of copyright and related rights. 
 
Chapter II 
COPYRIGHT 
 
Article 8.-  Authors  
 
1. Authors means persons who personally create part  of or the entire literary, artistic or scientific 
works and include:  a/ Vietnamese individuals who have works covered by copyright protection; 
 
b/ Foreign individuals who have wo rks created and expressed in whatever material forms in Vietnam; 
 c/ Foreign individuals who have works first published in Vietnam;  d/ Foreign individuals who have works protected  in Vietnam under international conventions on 
copyright to which Vietnam is a contracting party. 
 
2. Organizations and individuals that render supports, give comments or supply documents to others 
to create works shall not be recognized as authors. 
 
Article 9.-  Works presented in other characters   
 
Works presented in other characters specified at Point a, Clause 1, Article 14 of the Intellectual 
Property Law means works presented in signs or symb ols instead of written languages, i.e., Braille for 
the blind, shorthand signs and other similar signs, which can be reproduced or copied in different 
forms by interested parties. 
 
Article 10.-  Lectures, addresses and other sermons 
 Lectures, addresses and other sermons specified at Point b, Clause 1, Article 14 of the Intellectual 
Property Law constitute a type of work presented in spoken languages and re quired to be fixed in 
whatever material forms.  
Article 11.-  Press works 
 Press works specified at Point c, Cl ause 1, Article 14 of the Intellectual Property Law shall take the 
following forms: news articles, quick notes, news re ports, interviews, features, investigative stories, 
commentaries, editorials, special articles, memoirs or other forms, which are published or transmitted 
on the print, audio, visual or online media or other media. 
 
Article 12.-  Musical works 
 Musical works specified at Point d, Clause 1, Article 14 of the Intellectual Property Law means works 
presented in the form of musical notes in musical pi eces or other musical characters, with or without 
lyrics, regardless of whether they are performed or not. 
  IP/N/1/VNM/C/1 
 Page 7 
 
 
  Article 13.-  Dramatic works 
 Dramatic works specified at Point e, Clause 1, Article 14 of the Intellectual Property Law means 
works of various performing arts, including drama (p lay, ballet, opera, pant omime), circus, dance, 
puppetry and works of other theatrical genres.  
Article 14.-  Cinematographic works 
 Cinematographic works and works created by a pr ocess analogous to cinematography specified at 
Point f, Clause 1, Article 14 of the Intellectua l Property Law means works each consisting of a 
sequence of images that, when viewed in rapid succe ssion, gives the appearance of movement, with or 
without soundtracks, fixed on a specific medium, able to be distributed or communicated to the public by technical devices and technologies, and including feature films, documentaries, scientific films, cartoons and other similar genres. 
 
Article 15.-  Plastic-art works and works of applied art 
 1. Plastic-art works specified at Point g, Clause 1, Article 14 of the Intellectual Property Law means 
works presented by lines, colors, three-dimensional figures or layouts, such as works of fine-arts, 
graphic arts, sculpture, installation arts and sim ilar forms of presentation, which are available in 
unique copies. Particularly, a work of graphic art may be presented in as many as 50 copies which are 
ordinally numbered and bear the author’s signature. 
 2. Works of applied arts specified at Point g, Cl ause 1, Article 14 of the Intellectual Property Law 
means works presented by lines, colors, three-dimens ional figures or layouts, having useful features 
associated with useful objects, and being mass-pr oduced by hand or by machines, such as: logos; 
handicraft and fine-arts articles; e xpressions on products or packages. 
 
Article 16.-  Photographic works  
 Photographic works specified at Point h, Clause 1,  Article 14 of the Intellectual Property Law means 
works showing images of the objective world on p hotosensitive materials or other media on which 
images are created or can be created by any te chnical methods (chemical, electronic or other 
methods).  Still images taken from a cinematographic work or a work created by a process analogous to 
cinematography shall not be regarded as photographic work but part of that cinematographic work.  
Article 17.-  Architectural works 
 Architectural works specified at Point i, Clause 1, Article 14 of the Intellectual Property Law means 
design drawings in any forms conveying creative ideas about houses, construction works or spatial 
plans (construction plans), completely built or not. An  architectural work consists of design drawings 
of floor space, elevation, cross-section and pers pective, which convey creative ideas about a house, a 
work or an architectural complex, spatial organiza tion or landscape architecture of an area, an urban 
center, system or functional quarter, or a rural population area.  Models or relief plans of houses, construction wo rks or spatial plans shall be recognized as 
independent architectural works. 
 IP/N/1/VNM/C/1 
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  Article 18.-  Sketches, plans, maps and drawings 
 Sketches, plans, maps and drawings specified at Point j, Clause 1, Article 14 of the Intellectual 
Property Law include sketches, plans, maps and draw ings related to terrains, and various types of 
scientific and artchitectural works.  
Article 19.-  Copyright to cinematographic works and dramatic works 
 1. A cinematographic or dramatic work is created by  a collective of authors. Persons who take part in 
the creation of a cinematographic or dramatic work defined in Clause 1, Article 21 of the Intellectual 
Property Law shall enjoy the moral rights to their part s of creative work accordi ng to the provisions of 
Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law. Producers, directors and screenwriters may agre e on the exercise of the right to title their 
cinematographic works provided for in Clause 1, Article 19 of the Intellectual Property Law, and the right to modify screenplays of their cinematographic works provided for in Clause 4, Article 19 of the 
Intellectual Property Law. 
 2. Organizations and individuals that invest fina nce and material-technical facilities in the production 
of cinematographic works or the staging of dramat ic works defined in Clause 2, Article 21 of the 
Intellectual Property Law shall be holders of the rights provided for in Clause 3, Article 19, and 
Article 20 of the Intellectual Property Law. 
 
Organizations and individuals that invest finance and material-technical facilities in the production of 
cinematographic works or the staging of dramatic works may agree on the exercise of the rights provided for in Clause 3, Article 19, and Artic le 20 of the Intellectual Property Law and the 
performance of the obligations specified in Clause 3, Article 21 of the Intellectual Property Law. 
 
Article 20.-  Use of folklore and folk art works  
 1. Folklore and folk art works specified at Points a, b and c, Clause 1, Article 23 of the Intellectual 
Property Law shall be protected regardless of their fixation. 
 
2. The use of folklore and folk art works specified in Clause 2, Article 23 of the Intellectual Property 
Law means the research into, collection and introducti on of true values of such folklore and folk art 
works.  3. Users of folklore and folk art works mentione d in Clause 2 of this Article must agree on the 
payment of remuneration to keepers of such folklore  and folk art works and shall enjoy copyright to 
their researches, collections or introductions.  4. Reference to sources of folklore and folk ar t works mentioned in Clause 2, Article 23 of the 
Intellectual Property Law means the indication of geographical areas inhabited by population communities where such folklore a nd folk art works are created. 
 
Article 21.-  Objects not covered by copyright protection 
 1. News of the day as mere items of press inform ation specified in Clause 1, Article 15 of the 
Intellectual Property Law means daily news briefs  which are merely of informatory nature and 
contain no creative elements. 
 2. Administrative documents specified in Clause 2, Article 15 of the Intellectual Property Law include 
documents issued by state agencies, political or ganizations, socio-political organizations, socio- IP/N/1/VNM/C/1 
 Page 9 
 
 
  political-professional organizations, social organi zations, socio-professional organizations, economic 
organizations, people’s armed forces units a nd other organizations defined by law. 
 
Article 22.-  Moral rights    
 
1. The right to title works provided for in Clause 1,  Article 19 of the Intellectual Property Law shall 
not apply to works translated from one language into another. 
 2. The right to publish works or authorize other pe rsons to publish works provided for in Clause 3, 
Article 19 of the Intellectual Property Law means the ri ght of the author or copyright holder of a work 
or another individual or organization authorized by the author or copyright holder to make a work 
available to the public in a sufficient amount of c opies to satisfy the reasonable demand of the public, 
depending on the nature of the work.  Publication of a work does not mean the performance of a dramatic, cinematographic or musical 
work; public recitation of a literary work; broadcasti ng of a literary or artistic work; exhibition of a 
plastic work; or construction of structures based on an architectural work.  3. The right to protect the integrity of works and to prevent other persons from modifying or mutilating works provided for in Clause 4, Article 19 of the Intellectual Property Law means the right 
of the author of a work to prevent other persons  from modifying or multilating his/her work without 
his/her consent. 
 4. Authors of computer programs and investors in production of computer programs may agree on the titling and development of such computer programs. 
 
Article 23.-  Economic rights    
 1. The right to perform works before the public prov ided for at Point b, Clause 1, Article 20 of the 
Intellectual Property Law means the exclusive right of copyright holders or their authorized persons to 
perform works either directly or through phonograms or video recordings or with whatever technical 
devices accessible by the public. 
 
In this Clause, public performance of works mean s performance of works anywhere except in the 
family.  2. The right to reproduce works provided for at Point c, Clause 1, Article 20 of the Intellectual 
Property Law means the exclusive right of copyright  holders or their authorized persons to make 
copies of works by whatever means or in whatev er form, including permanent or provisional backup 
of works in electronic form.  3. The right to distribute original works or copies thereof provided for at Point d, Clause 1, Article 20 
of the Intellectual Property Law means the exclusive right of copyright holders or their authorized 
persons in whatever forms or with the assistance of whatever technical devices accessible by the 
public to sell, lease or otherwise assign th eir original works or copies thereof. 
 For plastic or photographic works, the distributio n of works also means the public display or 
exhibition thereof. 
 
4. The right to communicate works to the public by wire or wirel ess means, electronic information 
networks or any other technical means provided for at Point e, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right of copyright hol ders or their authorized persons to make their IP/N/1/VNM/C/1 
Page 10  
 
  works or copies thereof available to the public, in  such a way that members of the public may access 
such works from a place and at a time they themselves select. 
 5. The right to lease original cinematographic works and computer programs or copies thereof provided for at Point f, Clause 1, Article 20 of the Intellectual Property Law means the exclusive right 
of copyright holders or their authorized persons to  lease their works for use within a definite term. 
 The right to lease works shall not apply to co mputer programs which do not themselves constitute 
principal objects for lease, such as computer programs conducive to the normal operation of means of transport as well as other machines and technical devices.  
Article 24.-  Reasonable recitation and importation of copies of works 
 1. Reasonable recitation of a work by a person without misrepresenting the author’s views for commentary or illustrative purpose in his/her work as provided for at Point b, Clause 1, Article 25 of 
the Intellectual Property Law must satisfy the following conditions: 
 a/ The recited parts aim merely to introduce, comment or clarify matters touched upon in his/her 
work;  b/ The number and essence of parts recited from the wo rk used for recitation are not prejudicial to the 
copyright to such work and suitabl e to the nature and characteristics of the type of work used for 
recitation.  2. Importation of copies of another person’s work for personal use as provided for at Point j, Clause 1, 
Article 25 of the Intellectual Property Law shall only apply to case of importation of no more than one 
copy of a work. 
 3. The use of works in the cases specified in Cl ause 1, Article 25 of the Intellectual Property Law 
shall not apply to the reproduction of architect ural or plastic works and computer programs. 
 
Article 25.-  Reproduction of works 
 
1. Duplication of works by their authors provid ed for at Point a, Clause 1, Article 25 of the 
Intellectual Property Law shall apply to the case of  non-commercial scientific research or teaching by 
individuals.  
2. Reprographic reproduction of works by libraries fo r archival and research purpose provided for at 
Point e, Clause 1, Article 25 of the Intellectual Property Law means reproduction of no more than one 
copy of a work. Libraries must not reproduce and distribute copies of works, including digital copies, to the public. 
 
Article 26.-  Term of copyright protection   
 
1. The term of protection of economic rights and mo ral rights provided for in Clause 3, Article 19 of 
the Intellectual Property Law for a posthumous work sh all be fifty years as from the date of its first 
publication.  
2. The term of protection of economic rights and mo ral rights provided for in Clause 3, Article 19 of 
the Intellectual Property Law for a photographic work or  a work of applied art provided for at Point a, 
Clause 2, Article 27 of the Intellectual Property Law shall be fifty years as from the date of its first 
publication. Within fifty years after the fixation of a work, if it has not yet been published, the term of 
protection shall be fifty years from the date of its fixation.  IP/N/1/VNM/C/1 
 Page 11 
 
 
   
3. As from July 1, 2006 - the effective date of the Intellectual Property Law, the term of protection of 
photographic works and works of applied art shall be calculated according to the provisions of 
Clause 2 of this Article. 
 
Article 27.-  Copyright holders   
 Copyright holders defined in Article 36 of the Intellectual Property Law include: 
 1. Vietnamese organiza tions and individuals; 
 
2. Foreign organizations and indivi duals that have works created and expressed in whatever material 
forms in Vietnam;  3. Foreign organizations and individuals th at have works first published in Vietnam; 
 
4. Foreign organizations and individuals that ha ve works protected in Vietnam under international 
conventions on copyright to which Vietnam is a contracting party. 
 
Article 28.-  Holders of copyright to anonymous works 
 
1. Anonymous works specified at Point a, Clause 1,  Article 42 of the Intellectual Property Law shall 
be under the state ownership.  2. Where an anonymous work is managed by an organization or individual, such organization or 
individual shall enjoy the rights of a copyright holder. 
 
3. When the name of the real owner of a work is identified, the ownership of the work shall belong to 
such owner as from the date his/her name is identified. 
 
Article 29.-  Use of works under the state ownership 
 
1. Except in the cases specified in  Clauses 2 and 3, Article 28 of th is Decree, when using works under 
the state ownership specified at Points a and b, Cl ause 1, Article 42 of the Intellectual Property Law, 
organizations and individuals shall have  to perform the following obligations: 
 a/ Asking for the use permission; 
 
b/ Paying royalty, remuneration and other material benefits; 
 c/ Depositing a copy of the work within thirty days as from the date of publication or distribution.  2. Organizations and individuals shall perform the oblig ations specified in Clause 1 of this Article at 
the Copyright Office of Vietnam. 
 3. The Copyright Office of Vietnam shall be respons ible for receiving copyright assigned in any form 
by organizations and individuals defined at Point c, Clause 1, Article 42 of the Intellectual Property 
Law according to the provisions of law. 
 
The Culture and Information Ministry and the Finance Ministry shall prescribe the financial 
management regime applicable to amounts specifi ed at Point b, Clause 1 of this Article.   
 IP/N/1/VNM/C/1 
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  Article 30.-  Use of works belonging to the public 
 1. Organizations and individuals that use works belonging to the public, which are specified in 
Article 43 of the Intellectual Property Law, must re spect the moral rights provided for in Clauses 1, 2 
and 4, Article 19 of the Intellectual Property Law. 
 
Holders of copyright to works belonging to the public  shall not enjoy the right to publish such works, 
provided for in Clause 3, Article 19, and the ec onomic rights provided for in Article 20 of the 
Intellectual Property Law.  
2. When detecting acts of infringing upon the moral rights provided for in Clauses 1, 2 and 4, 
Article 19 of the Intellectual Property Law to works fo r which the term of protection has expired, state 
agencies, organizations and individuals that have related rights and obligations may request persons 
committing acts of infringement to stop such acts,  make public apology or correction, and pay 
damages; may lodge complaints or denunciations or  request competent state agencies to handle such 
acts. Depending on the nature and severity of violatio ns, violating organizations  or individuals may be 
handled according to the provisions of administrative, civil or penal law.  Socio-political-professional organizations, socio-pr ofessional organizations, organizations acting as 
collective representatives of copyright or relate d rights may request competent state agencies to 
protect the moral rights to works of their member s for which the term of protection has expired. 
 
Chapter III 
RELATED RIGHTS 
 
Article 31.- Rights of performers  
 
1. Direct reproduction of performances which have  been fixed on phonograms or video recordings 
according to the provisions of Poin t b, Clause 3, Article 29 of the Intellectual Property Law means the 
making of other copies from these phonograms or video recordings.  2. Indirect reproduction of performances which have  been fixed on phonograms or video recordings 
according to the provisions of Poin t b, Clause 3, Article 29 of the Intellectual Property Law means the 
making of other copies from sources other than these phonograms or video recordings, such as 
websites, broadcasts, services of relevant post a nd telecommunications networks and similar media. 
 3. Public communication by other modes of unfix ed performances specified at Point c, Clause 3, 
Article 29 of the Intellectual Property Law means the public distribution of unfixed performances by 
whatever technical modes other than transmission. 
 
Article 32.-  Use of related rights, requiring no pe rmission and payment of royalties and/or 
remunerations   
Cases of use of related rights not for commercia l purposes shall not require permission and payment 
of royalties and/or remunerations, including:  1. Duplication of works by authors for scientific research purpose as specified at Point a, Clause 1, 
Article 32 of the Intellectual Property Law. 
 
2. Duplication of works by authors for teachi ng purpose, except for performances, phonograms, video 
recordings or broadcasts which have been publishe d for teaching purpose as specified at Point b, 
Clause 1, Article 32 of the Intellectual Property Law. 
  IP/N/1/VNM/C/1 
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  Article 33.-  Reasonable recitation 
 Reasonable recitation for informatory purpose specifi ed at Point c, Clause 1, Article 32 of the 
Intellectual Property Law means the use of quota tions for merely informatory purpose and must 
satisfy the following conditions: 
 
1. Recited parts aim only to introduce, comment or clarify some matters in the supplied information; 
 2. The number and essence of parts recited from pe rformances, phonograms, video recordings or 
broadcasts are not prejudicial to the rights of performers, the rights of producers of phonograms or 
video recordings, the rights of broadcasting organi zations to their performances, phonograms, video 
recordings or broadcasts used for recitation; and are suitable to the nature and characteristics of 
performances, phonograms, video recordings  or broadcasts used for recitation. 
 
Article 34.-  Provisional copies  
 
Provisional copies of broadcasts of broadcasting or ganizations which enjoy the broadcasting right 
specified at Point d, Clause 1, Article 32 of the Intellectual Property Law means copies fixed for a 
definite term by broadcasting orga nizations with their instruments and equipment to serve their own 
coming-up broadcasting sessions. In special cases, such copies shall be stored at an official archive 
center.  
Article 35.-  Use of phonograms and video recordings 
 1. Direct use of phonograms or video recordings  already published for commercial purposes in 
making broadcasts which are sponsored, advertised or charged in whatever form specified at Point a, 
Clause 1, Article 33 of the Intellectual Property Law means the transmission by broadcasting 
organizations of such phonograms or video record ings by wire or wireless means, including the 
transmission by satellites or in digital environment.  Indirect use of phonograms or video recordings already published for commercial purposes in making 
broadcasts which are sponsored, advertised or ch arged in whatever form specified at Point a, 
Clause 1, Article 33 of the Intellectual Property La w means the relay or retransmission of transmitted 
broadcasts; or putting of broadcast s in digital environment on air. 
 2. Use of phonograms or video recordings alr eady published in business or commercial activities 
specified at Point b, Clause 1, Article 33 of the Intellectual Property Law means the direct or indirect 
use by organizations or individuals of published phonograms or video recordings in restaurants, 
hotels, shops and department stores;  in establishments providing ka raoke, post, telecommunications or 
ditigal environment services; in tourist, avia tion, mass transit activities and other business and 
commercial activities.  3. When phonograms or video recordings are used  as specified in Article 33 of the Intellectual 
Property Law, performers shall enjoy remunerations on the basis of agreements made with producers 
or in the course of producing such phonograms or video recordings.  The proportional sharing of royalties, remunerations and other material benefits shall be agreed upon 
by rights holders or organizations acting as collec tive representatives of copyright and related rights. 
Organizations acting as collective representatives of copyright and related righ ts may entrust one of 
them to collect and distribute royalties, remune rations and other materi al benefits. Entrusted 
organizations being collective representatives of copy right and related rights shall enjoy a charge as 
agreed upon. 
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  Article 36.- Owners of broadcasts  
 Owners of broadcasts specified in Clause 3, Article 44 of the Intellectual Property Law means broadcasting organizations which invest their fina nce and material-technical facilities in broadcasting 
activities. 
 
When using works, phonograms or video recordings  for the production of broadcasts, broadcasting 
organizations shall have to perfo rm obligations toward copyright holders and relate d rights holders 
according to the provisions of law. 
 
Chapter IV 
COPYRIGHT AND RELATED RIGHTS REGISTRATION CERTIFICATES 
 
Article 37.- Registration of copyright and related rights    
 
1. Authors, copyright holders and related rights ho lders specified in Article 50 of the Intellectual 
Property Law may directly file app lications for registration of copyright or related rights with the 
Copyright Office of Vietnam and Culture or Inform ation Services of provinces or cities where they 
are based or reside, or authorize other organizations or i ndividuals to do so. 
 2. Foreign individuals and organizations whose works, performances, phonograms, video recordings 
or broadcasts are covered by copyright and related rights protection specified in Clause 2, Article 13 
and Article 17 of the Intellectual Property Law may dir ectly file applications for copyright and related 
rights registration with the Copyright Office of Vietnam or Culture and Information Services of 
provinces or cities where they are based or resi de, or authorize copyright and related rights 
consultancy or service organizations to do so.   
Article 38.- Copies of works registered for copyrigh t, copies of fixations of performances, 
phonograms, video recordings or broa dcasts registered for related rights 
 1. The Copyright Office of Vietnam is responsible for keeping one copy of a work registered for 
copyright or one copy of a fixation of an object registered for related rights specified at Point b, 
Clause 2, Article 50 of the Intellectual Property Law after granting a copyright registration certificate 
or related rights registration certificate.  2. Copies of works registered for copyright specified at Point b, Clause 2, Article 50 of the Intellectual 
Property Law may be substituted by three-dimensiona l photos thereof, for works with particular 
features, such as paintings, statues, monuments, bas reliefs or murals attached to architectures; and 
oversized works. 
 
Article 39.-  Competence to grant copyright registration certificates and related rights registration 
certificates  
1. The Copyright Office of Vietnam is competent to grant, re-grant, renew or revoke copyright 
registration certificates and related rights registration certificates defined in Clauses 1 and 2, Article 51 of the Intellectual Property Law.  a/ Authors, copyright holders and related rights holde rs that wish to have their copyright registration 
certificates or related rights registration certificates  re-granted or renewed shall file applications, 
clearing stating reasons for re-grant or renewal, a nd dossiers according to the provisions of Article 50 
of the Intellectual Property Law;   IP/N/1/VNM/C/1 
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  b/ The Copyright Office of Vietnam shall re-grant copyright registration certificates or related rights 
registration certificates in case such copyright regi stration certificates or related rights registration 
certificates are lost; renew copyright registration certificates or related rights registration certificates which are torn or damaged or of which copyrigh t holders or related rights holders are changed; 
 
c/ When the Copyright Office of Vietnam determ ines that persons granted copyright registration 
certificates or related rights registration certificates  are not authors or copyright or related rights 
holders or the registered works, performances, phonograms, video recordings or broadcasts are not 
covered by copyright protection, it shall revoke co pyright registration certificates or related rights 
registration certificates according to the provisions of law. 
 
2. After receiving applications for registration,  re-grant or renewal of copyright registration 
certificates or related rights registration certificates according to the provisions of law, provincial/municipal Culture and Info rmation Services shall forward th em to the Copyright Office of 
Vietnam for examination and handling according to its competence. 
 
Right after receiving results of examination and handl ing of applications from the Copyright Office of 
Vietnam, provincial/municipal Culture and Information Services shall have to forward such results to 
application-filing organi zations and individuals. 
 3. When carrying out procedures related to copyrigh t or related rights, orga nizations and individuals 
are obliged to pay charges and fees to the Copyright Office of Vietnam according to the provisions of 
law.  4. The Culture and Information Ministry shall set  forms of registration application, copyright 
registration certificate and related rights registration certificate.  
Article 40.-  Validity of copyright registration certificat es and related rights registration certificates 
 Various kinds of copyright certificates granted by the Copyright Protection Firm of Vietnam, the 
Copyright Protection Agency of Vietnam or the Copyright Office of Vietnam prior to the effective dates of the Civil Code and the Intellectua l Property Law shall continue to be valid. 
 
Chapter V 
ORGANIZATIONS ACTING AS COLLECTIVE REPRESENTATIVES OF COPYRIGHT AND 
RELATED RIGHTS, ORGANIZATIONS PROVIDING COPYRIGHT AND RELATED RIGHTS 
CONSULTANCY OR SERVICES 
 
Article 41.-  Organizations acting as collective represen tatives of copyright or related rights 
 1. Organizations acting as collective representatives of copyright or related rights specified in 
Clause 1, Article 56 of the Intellectual Property La w must satisfy the following conditions for their 
operation: 
 
a/ They are authorized by authors, co pyright holders or related rights holders; 
 b/ They are authorized to represent authors, copyri ght holders or related rights holders in managing a 
specific right or group of rights; 
 
c/ The collection and distribution of royalties, remu nerations and other materi al benefits generated 
from the exercise of a right or a group of rights specified in their operation charters. 
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  2. When authors, copyright holders or related right s holders have not yet authorized any organizations 
to act as collective representatives of copyright or re lated rights, the Culture and Information Ministry 
shall guide the division of royalties, rem unerations and other material benefits. 
 3. Where a work, phonogram, video recording or broa dcast is related to rights and benefits of many 
organizations authorized to act as collective represen tatives 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 report to the Culture and Information Ministry before doing 
so.  
4. Organizations acting as collective representatives of copyright or related rights shall biannually, 
annually or extraordinarily report and supply inform ation on their activities to the Copyright Office of 
Vietnam. 
 
Article 42.-  Organizations providing c opyright and related rights consultancy or services 
 
1. Organizations providing copyright and related rights consultancy or services shall be established 
according to the provisions of Clause 1, Article 57 of the Intellectual Property Law when their heads 
and individuals engaged in the provision of copyri ght and related rights cons ultancy or services fully 
satisfy the following conditions:  
a/ Being Vietnamese citizens and having full civil act capacity; 
 b/ Permanently residing in Vietnam;  c/ Possessing law university degree. 
 
2. They shall biannually, annually or extraordinar ily report and supply information on their copyright 
and related rights consultancy or services to the Copyright Office of Vietnam. 
 
Chapter VI 
PROTECTION OF COPYRIGHT AND RELATED RIGHTS 
 
Article 43.-  Right to self-protection 
 1. The application of technological measures to prevent acts of infringing upon copyright and related rights specified at Point a, Clause 1, Article 198 of the Intellectual Property Law means the 
communication by right holders of right manageme nt information attached to original works, 
phonograms, video recordings or broadcasts or copi es thereof; the disclosure of right management 
information to make them available together w ith the public communication of works in order to 
identify works, their authors and right holders, and to supply information on term of protection, conditions for use of works as well as all data, codes or signs used to express such information for the 
purpose of protection of copyright and related right s. At the same time, right holders may apply 
technological measures to protect right management information and prevent acts of making access to 
works or illegally exercising their ownershi p right according to the provisions of law. 
 2. Right holders may apply other measures specified in Clause 1, Article 198 of the Intellectual Property Law to protect their legitimate rights and interests.  
Article 44.-  Right to initiate civil lawsuits on copyright or related rights 
 1. The following right holders may initiate lawsuits at competent courts to protect their legitimate 
rights and interests related to copyright or related rights:  IP/N/1/VNM/C/1 
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a/ Authors;  b/ Copyright or related rights holders;  
c/ Lawful heirs of authors or copyright or related rights holders; 
 d/ Individuals or organizations  assigned with rights of copyright or related rights holders; 
 e/ Individuals or organizations using works under contracts; 
 
f/ Performers;  g/ Producers of phonograms or video recordings;  
h/ Broadcasting organizations; 
 i/ Organizations acting as collective representatives of copyright or related rights, vested with power 
of attorney;  j/ Other right holders specified by law. 
 
2. Involved state agencies and organizations shall, wi thin the ambit of their tasks and powers, have the 
right to initiate civil lawsuits to request the court to  protect the public interest  and the State’s interest 
in the domain of copyright and related rights. 
 
Article 45.-  Complaints and denunciations about the registra tion of copyright or related rights      
 1. The following persons may lo dge complaints or denunciations: 
 a/ Authors, copyright holders, related rights holders,  their authorized organizations or individuals may 
complain about the grant, re-grant, renewal or revocation of copyright registration certificates or 
related rights registration certificates; 
 b/ Any third party may denounce the grant of copyright registration certificates or related rights registration certificates.  
2. Procedures for lodging complaints or denunciations are specified as follows: 
 a/ Persons complaining about the registration of co pyright or related rights must lodge complaints 
with the Copyright Office of Vietnam, clearly sta ting the date of making complaints; their names and 
addresses; names and addresses of complained agencies,  organizations or indivi duals; contents of and 
reasons for complaints, and their requests. Complaints  must bear signatures of complainants. Enclosed 
with complaints must be such documents as copyright registration certificates, related rights 
registration certificates, decisions on revocation of such certificates or written refusals to grant, re-grant or renew such certificates, and other relevant documents and proofs; 
 b/ Denouncers must file their denunciations with comp etent state agencies, clearly stating the date of 
making denunciations; their names and addresses; names and addresses of denounced agencies, 
organizations or individuals; contents of an d reasons for denunciations and their requests. 
Denunciations must bear signatures of denouncers. Enclosed with denunciations must be relevant 
documents and proofs.  IP/N/1/VNM/C/1 
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  3. Within a time limit set by the Law on Comp laints and Denunciations, the Copyright Office of 
Vietnam, the Culture and Information Ministry or competent state agencies shall have to reply in 
writing complainants or denouncers.  4. If complainants or denouncers disagree with re plies of the Copyright Office of Vietnam, the 
Culture and Information Ministry or competent state agencies, they may further lodge their 
complaints or denunciations with competent au thorities according to the provisions of law. 
 
Chapter VII 
IMPLEMENTATION PROVISIONS 
 
Article 46.-  Transitional duration  
 1. Copyright and related rights which are protected under the provisions of the legal documents with 
effective dates prior to the effective date of th e Intellectual Property Law and still in the term of 
protection on the effective date of the Intellectual Property Law shall be further protected under the 
provisions of the Intellectual Property Law.  2. Applications for registration of copyright or re lated rights, already filed with competent agencies 
before the effective date of the Intellectual Propert y Law, shall be handled according to the provisions 
of legal documents in force at the time of filing. 
 
3. All acts infringing upon copyright or related rights or breaching contracts committed before the effective date of the Intellectual Property Law sh all be handled according to the provisions of law 
which are in force at the time of commission. 
 
Article 47.- Effect 
 This Decree shall take effect 15 days after its publication in “CONG BAO.” This Decree replaces the Government’s Decree No. 76/CP of November 29,  1996, guiding the implementation of a number of 
the Civil Code’s provisions on copyright. 
 
Article 48.-  Implementation responsibilities  
 1. Ministers, heads of ministerial-level agenci es and government-attached agencies, presidents of 
People’s Committees of provinces or centrally run citi es, agencies, organizations and individuals that 
have related rights and obligations sh all have to implement this Decree. 
 
2. The Culture and Information Minister shall have  to guide and organize the implementation of this 
Decree.  On behalf of the Government Prime Minister NGUYEN TAN DUNG 
 
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