What is the application for re-issuance of Certificate of registered copyright in Vietnam?
In which case is a Certificate of registered copyright re-issued?
Pursuant to Clause 1, Article 40 of Decree No. 17/2023/ND-CP stipulating as follows:
Re-issuance of Certificate of registered copyright, Certificate of registered related rights
1. Certificate of registered copyright, Certificate of registered related rights shall be re-issued if the previous copy is lost or damaged.
Thus, according to the above provisions, a Certificate of registered copyright may be re-issued in the following cases:
- The Certificate of registered copyright is lost;
- The Certificate of registered copyright is damaged.
What is the application for reissuance of Certificate of registered copyright in Vietnam?
What is the application for reissuance of Certificate of registered copyright in Vietnam?
Pursuant to the provisions of Clause 2, Article 40 of Decree No. 17/2023/ND-CP as follows:
Re-issuance of Certificate of registered copyright, Certificate of registered related rights
…
2. Application for re-issuance of Certificate of registered copyright, Certificate of registered related rights consists of:
a) Application for registration of copyright, related rights (using specified form) attached with signature or fingerprints of authors, copyright holders, related right holders unless they are physically incapable of appending their signatures and fingerprints;
b) 2 copies of works, fixed copies of performances, audio recordings, video recordings, broadcasting programs;
c) Power of attorney if the applicants are authorized by authors, copyright holders, related right holders in accordance with Clause 6 Article 38 hereof;
d) Original copies of Certificate of registered copyright, Certificate of registered related rights that have been damaged together with copies of works, fixed copies of performances, audio recordings, video recordings, broadcasting programs that bear the seal and number of Certificate of registered copyright, Certificate of registered related rights.
Thus, application for reissuance of Certificate of registered copyright consists of:
- Application for registration of copyright;
- 2 copies of works, fixed copies of performances, audio recordings, video recordings, broadcasting programs;
- Power of attorney if the applicants are authorized by authors, copyright holders;
- Original copies of Certificate of registered copyright that have been damaged together with copies of works, fixed copies of performances, audio recordings, video recordings, broadcasting programs that bear the seal and number of Certificate of registered copyright.
What are the latest procedures for reissuance of Certificate of registered copyright in Vietnam in 2023?
Pursuant to the provisions of Clause 5, Article 38 of Decree No. 17/2023/ND-CP as follows:
Application for registration of copyright and related rights
…
5. Procedures for issuance, re-issuance, and revision of Certificate of registered copyright or Certificate of registered related rights:
a) Applicants shall submit application in accordance with Clauses 1, 2, 3, and 8 of this Article, Clause 1 Article 39, Clause 2 Article 40, and Clause 2 Article 41 hereof and pay fees, charges as per the law;
b) Competent authorities shall review, classify, and consider legitimacy of the application within 1 month from the date on which they receive the application;
c) In case of inadequate application, competent authorities shall request the applicants to make adjustments to the application.
The applicants must adjust their application within 1 month from the date on which they receive notice requesting adjustment to their application except for force majeure or other objective hindrance as per the law. If the applicants fail to make adequate adjustment or any adjustment at all, competent authorities shall return their application;
d) Competent authorities shall keep 1 copy of the works of which copyright is registered or 1 fixed copy of the subject of which related rights are registered; return 1 copy of the works of which copyright is registered or 1 fixed copy of the subject of which related rights are registered that have been sealed and specified with number of certificate of registered copyright, certificate of registered related right to the applicants as an inseparable component of the certificate of registered copyright, certificate of registered related rights.
Thus, the procedure for re-issuance of a Certificate of registered copyright is carried out as follows:
- Applicants shall submit application at competent authorities and pay fees, charges as per the law;
- Competent authorities shall review, classify, and consider legitimacy of the application within 1 month from the date on which they receive the application;
+ In case of inadequate application, competent authorities shall request the applicants to make adjustments to the application.
+ In case of adequate application, competent authorities are responsible for re-issuing Certificate of registered copyright within 7 working days.
Nguyễn Thị Hồng Nhung
