What is the application for a copyright registration certificate or related right registration certificate in Vietnam according to the latest regulations?
- What is the application for a copyright registration certificate or related right registration certificate in Vietnam according to the latest regulations?
- What are the regulations on the declaration form for registration of copyright in Vietnam?
- In which case is a copyright registration certificate or related right registration certificate in Vietnam refused?
What is the application for a copyright registration certificate or related right registration certificate in Vietnam according to the latest regulations?
Pursuant to Clause 1, Article 39 of Decree No. 17/2023/ND-CP, the components of the application for carrying out the procedures for granting a certificate of copyright registration or a certificate of registration of related rights are specified in Clause 2, Article 50 of the Law on Intellectual Property includes:
- A declaration for registration of copyright or related rights (made according to the form) signed or fingerprinted by the author, copyright holder, or related right holder, unless there is no possibility of physically to sign or fingerprint;
- 02 copies of works (including electronic ones) or 02 copies of fixed versions of performances, phonograms, video recordings, broadcasts;
- A written authorization if the applicant is a person authorized by the author, copyright holders or related rights holders as prescribed in Clause 6, Article 38 of Decree No. 17/2023/ND-CP;
- Documents proving the right owner:
+ Documents proving identity for individuals: 01 copy of ID card or citizen identification or Passport;
+ Documents proving the legal status of the organization: 01 copy of the Certificate of Business Registration or the Establishment License or the Establishment Decision;
+ Documents proving that the right holder due to the assignment of creative tasks is the decision to assign the task or confirm the assignment of the task to an individual of that unit or organization;
+ Documents proving that the owner of the rights due to entering into a creative contract is the contract, rules and regulations on organization of the contest;
+ The document proving the owner of the right to be inherited is a document identifying the inheritance right, which is notarized or authenticated according to the provisions of law;
+ The document proving that the right holder has been transferred the right is a written contract of transfer, donation, purchase and sale, capital contribution, notarized or authenticated according to the provisions of law;
In case the author is not concurrently the copyright owner, he/she must make a written commitment to self-creation and creativity according to the decision or confirmation of assignment; contract; participate in the contest and take responsibility before the law for the content promised.
+ Documents evidencing that the right holder is assigned a creative task or enters into a creative contract specified in this Clause must be the original or a notarized or authenticated copy;
- Written consent of the co-authors, if the work has co-authors;
- Written consent of the co-owners, if the copyright and related rights are jointly owned;
- In case the work uses a personal image of another person, the written consent of that person must be obtained in accordance with the law.
What is the application for a copyright registration certificate or related right registration certificate in Vietnam according to the latest regulations?
What are the regulations on the declaration form for registration of copyright in Vietnam?
The current declaration form for registration of copyright in Vietnam is prescribed in Form No. 01 issued together with Circular No. 08/2016/TT-BVHTTDL as follows:
Download the declaration form for registration of copyright in Vietnam: Click here.
In which case is a copyright registration certificate or related right registration certificate in Vietnam refused?
Pursuant to Clause 2, Article 39 of Decree No. 17/2023/ND-CP stipulating that the competent state agency refuses to grant a Copyright registration certificate, related rights registration certificate and returns the dossier, notify in writing in the following cases:
Issuance of Copyright Registration Certificate, Related Rights Registration Certificate in Vietnam
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2. Competent state agencies shall refuse to grant copyright registration certificates or related rights registration certificates and return dossiers and notify in writing in the following cases:
a) Failing to satisfy the conditions specified in Clause 4, Article 38 of this Decree;
b) Detecting that works, performances, phonograms, video recordings or broadcasts have the form or content: Violating the provisions of the Constitution and laws; oppose the Party and State of the Socialist Republic of Vietnam; contrary to morality, fine customs and traditions of the nation; superstitions and other contents as prescribed by law;
c) Detecting works, performances, phonograms, video recordings, broadcasts in dispute, complaints, denunciations and no legally effective decisions of competent agencies or courts or Arbitration;
d) Upon the expiration of the time limit specified at Point c, Clause 5, Article 38 of this Decree, the competent state agency has not received a valid dossier or the submitted dossier is still invalid.
3. In case the dossier is valid as prescribed, within 15 working days, the competent state agency shall be responsible for granting a copyright registration certificate or a certificate of registration of related rights.
Thus, the competent state agency shall refuse to grant the certificate of copyright registration, the certificate of registration of related rights and return the dossier and notify in writing in the above cases.
Nguyễn Thị Hồng Nhung
