1. Right to submit Copyright/Related rights Registration Application
1.1 Copyright/Related rights authors/owners shall directly file or empower other organizations or individuals to file applications for Copyright/Related rights Registration at the Copyright Office, or the Departments of Culture and Information in the localities where the authors/owners of copyright/related rights reside or their offices are located.
1.2 Foreign individuals or legal entities having works, performances, audio/visual records, and broadcasting programs with copyright/related rights under protection as stipulated in paragraph 2 Article 13 and Article 17 of the Intellectual Property Law shall file directly or authorize the Copyright/Related Rights Service Consulting Organizations to file Applications for Copyright/Related rights Registration at the Copyright Office or the Departments of Culture and Information in the localities where the authors/owners of copyright/related rights reside or their offices are located.
2. Application for Registration of Copyrights/Related rights
a) A Declaration Form for Registration of the Copyrights/Related rights.
The form must be in Vietnamese and is signed by the author, copyrights, related rights owners or authorized person, and fully contains information about the applicant; information about the author, owner of the copyrights/related rights; a summary of the main contents of work, performance, phonogram or broadcasting program; name of author and the work used to make derivative works if the work is a derivative work; time, location, forms for publication; commitments and responsibilities relating to the information given in the application.
See the Declaration Form for Registration of Copyright/ Related rights in Vietnamese version.
Form 1: Declaration Form for Registration of Copyright;
Form 2: Declaration Form for Registration of Related rights.
b) 02 copies of the work applied for copyrights registration or 02 copies of the fixation of the subject matter for related rights registration;
The Copyright Office shall be responsible for keeping a copy of the work for copyright registration, a copy of the fixation of the objects for related rights registration after granting the Copyrights/Related Rights Registration Certificate.
The copy of the work for copyright shall be replaced with 3-dimensional photos of some special works such as paintings, statues, monuments, embossments, murals associated to architectural works, and oversized works.
c) A power of attorney in case the applicant is an empowered person;
d) Documents evidencing the right to file an application if the applicant acquires that right from another person as a result of inheritance, transfer or assignment;
d’) A document of agreement of all co-authors if the work has co-authors.
e) A document of agreement of all co-owners if the copyrights, related rights belong to joint ownership.
These documents stipulated in paragraphs 2.c, d, d’ and e must be in Vietnamese or must be translated into Vietnamese if they are made in foreign languages.
3. Competence in granting the Copyright/Related Rights Registration Certificates
3.1 The Copyright Office shall have the competence to grant, re-grant, change, and revoke the validity of the Copyright/Related Rights Registration Certificates as stipulated in Paragraphs 1 and 2 Article 51 of the Intellectual Property Law.
a) Authors, owners of copyright/related rights who want their Certificates to be regranted or changed shall file applications clarifying the reasons and other documents as stipulated in Article 50 of the Intellectual Property Law.
b) The Copyright Office shall regrant the Copyright/Related Rights Registration Certificates in case these Certificates are lost; shall issue new Certificates if they are torn, damaged or the ownership of copyright/related rights is transferred;
c) The Copyright Office shall revoke the Copyright/Related Rights Registration Certificates if the holders of the Certificates are identified not to be authors/owners, and if the registered works, audio/visual records, broadcasting programs are not subject to the protection as stipulated by law.
3.2 The Departments of Culture and Information in localities, after receiving Applications for Registration, Regranting, change of the Copyright/Related Rights Registration Certificates as stipulated by law, shall transfer all to the Copyright Office for consideration.
The Departments of Culture and Information shall be responsible to deliver the results to the applicants immediately after the receipt from the Copyright Office.
3.3 Organizations/individuals shall have obligations to pay the prescribed fees and charges relating to copyright/related rights to the Copyright Office.
4. Time limit for issuing Copyrights/Related rights Registration Certificates
Within 15 working days from the date of receipt of a valid application, the Copyright Office shall grant the Copyright/Related Rights Registration Certificate to the relevant applicant. In case of refusing to grant the Copyright/Related Rights Registration Certificate, the Copyright Office shall notify the applicant in writing.
5. Validity of copyrights/related rights registration certificate
Copyright/Related Rights Registration Certificates shall be effective in the whole territory of Vietnam.
The Copyright Registration Certificate issued by the Copyright Protection Agency, the Copyright Protection Organization and the Copyright Office prior to the effective dates of the Civil Code 2005 and the Intellectual Property Law shall remain valid.
6. Re-issue, replace or annulment of the validity of Copyright/Related Rights Registration Certificate
6.1 When a Copyright/Related Rights Registration Certificate is lost, or damaged or if the copyright owner or related right owner is changed, the Copyright Office shall reissue or replace such Copyright/Related Rights Registration Certificate.
6.2 When an individual who is granted Registration Certificate of Copyrights/Related rights is not the author, the copyright or related right owner or it not a protected subject matter, the Copyright Office shall annul the validity of such Copyright/Related Rights Registration Certificate.
6.3 Any organization or individual who discovers that the grant of a Copyright/Related Rights Registration Certificate is contrary to the provisions of Intellectual Property Law shall have the right to request the Copyright Office to cancel the validity of such certificate.
7. Where to submit application for Copyrights/Related rights Registration
– At the Copyright Office,
Address: 151 Hoang Hoa Tham street, Ba Dnh District, Ha Noi
Tel: 04.8433988 extension 201;
– Or at the Copyright Office’s representative office in Ho Chi Minh city
Address: 7 Nguyen Thi Minh Khai, 1 District, Ho Chi Minh city
– Or at the Departments of Culture and Information in the localities where the authors/owners of copyright/related rights reside or their offices are located.
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