VIETNAM LEGAL DOCUMENTS

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Decree No.100/2006/ND-CP dated september 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 rela
Number sign: 100/2006/ND-CP
 
Name: Decree No.100/2006/ND-CP dated september 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 rela
 
Category:  
 
Promugation date: 21/09/2006
 
Promugation organ: THE GOVERNMENT
 
Signature man: NGUYEN TAN DUNG
 
Effective date:  

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 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 foreign organizations and individuals engaged in activities relating to copyright and related rights.

Article 3.- Protection of copyright and related rights

1. Protection of copyright means protection of the rights 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.

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 reproduced versions of the entire or part of works. Photocopies of works are also regarded as copies.

5. Fixation means the expression in written languages, other characters, lines, three-dimensional figures, layouts, colors, sounds, images or the reproduction 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 directly or indirectly reproduced versions of the entire or part of fixed phonograms and video recordings.

8. Publication of fixed performances or phonograms 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 transmission by one broadcasting organization of a broadcast from another such organization. Relay 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 visual 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 provided for in Clauses 2, 3 and 4, Article 8 of the Intellectual Property Law include:

1. To provide financial supports for purchase of copyright 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 organizations, while provincial People’s Committees shall approve the lists of works eligible for supports for copyright 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.

To concentrate on training and retraining the contingent 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 concerning 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 copyright 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 inclusion of the copyright and related rights in the university, college and professional secondary education curricula.

Article 6.- Contents of, and responsibilities for, state management of copyright and related rights

1. The Government shall perform the unified state 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 computer programs and compilations 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, placement of orders and assurance of copyright to works and related rights to performances, phonograms, 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 charge of copyright and related rights;

g/ To manage activities of organizations acting as collective 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 register 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, propagation and dissemination of knowledge, law, mechanisms, policies on copyright and related rights 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;

m/ To conduct inspection, examination and handling of violations of law on copyright and related rights; to settle complaints and denunciations about copyright and related rights;

n/ To enter into international cooperation 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 ministries, ministerial-level agencies, government-attached agencies, and provincial/municipal People’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 performing the function of state management of copyright and related rights. The Culture and Information Minister 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 coordinate with the Science and Technology Ministry in formulating general guidelines, policies and law on protection of intellectual property rights, synthesizing general information on intellectual property, executing projects on international cooperation on intellectual property, and performing other common tasks under the Government’s direction.

4. Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees shall, within the ambit of their respective tasks and powers, have to coordinate with the Culture and Information Ministry in performing the state management of copyright and related rights

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