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PROCEDURES FOR REGISTRATION OF COPYRIGHT PROTECTION IN VIETNAM

The registration of copyright and related rights means the filing of applications and enclosed dossiers (here in after referred to collectively as applications) by authors, copyright holders or related right holders with the competent state agencies for recording of information on authors, works, copyright holders and related right holders. The filing of applications for grant of certificates of registered copyright or certificates of registered related rights is not a compulsory formality for enjoyment of copyright or related rights according to the provisions of this Law.

Note: Organizations and individuals that are granted certificates of registered copyright or certificates of registered related rights shall not have to bear the burden of proof of such copyright and related rights upon disputes, unless rebutting proofs are adduced.

A dossier of registration of copyright and related rights includes:

A written declaration for registration of copyright or related rights.

Note: A written declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application, fully stating the information on the applicant, author, copyright holder or related rights holder; summarized content of the work, performance, phonogram, video recording or broadcast; the name of the author, the title of the work used to make derivative work in cases where the to be-registered work is a derivative work; the date, place and form of publication; the guaranteed responsibility for information stated in the application.

  1. Two copies of the work subject to application for copyright registration, or two copies of the fixed
    object subject to the related right registration;
  2. Power of attorney where the applicant is the authorized person;
  3. Documents proving the right to file application where the applicant acquires such right due to inheritance, succession from or assignment by another person;
  4. Written consent of co-authors, for works under joint authorship;
  5. Written consent of co-owners if the copyright or related rights are under joint-ownership

Note: The documents specified at Point 3, 4, 5 must be made in Vietnamese. Documents in foreign languages must be translated into Vietnamese

Competent agencies handle and process dossiers

The Copyright Office is competent to grant, re-grant, renew or revoke the copyright registration certificate and related right registration certificate prescribed in Clauses 1 and 2, Article 51 of Law on Intellectual Property.

Time limit for granting registered copyright certificates or registered related rights

certificates

Within fifteen working days after the receipt of a valid dossier, the state management agency in charge of copyright and related rights shall have to grant a registered copyright certificate or registered related rights certificate to the applicant. In case of refusal to grant registered copyright certificates or registered related rights certificates, the state management agency in charge of copyright and related rights must notify such in writing to the applicants.

Recording and publication of registered copyright or registered related rights

– Registered copyright certificates and registered related rights certificates shall be recorded in the national register of copyright and related rights.

– Decisions on grant, re-grant, renewal or revocation of registered copyright certificates and registered related rights certificates shall be published in the Official Gazette on copyright and related rights.

If you have any questions related to the copyright registration procedure – related rights please contact T2H LAWYERS for the fastest and most accurate support.

T2H Law Liability limited company

Head office: G4-4A, collective 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: Số 20N7A Nguyễn Thị Thập, Phường Nhân Chính, Thanh Xuan District, Hanoi City

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2hlawyers.vn

Email: contact.t2h@t2hlawyers.vn – huong.le@t2hlawyers.vn

 

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