What are the cases of revocation of copyright and related right assessor’s card? What are the cases of re-issuance of copyright and related right assessor’s card in Vietnam?
What are the cases of revocation of copyright and related right assessor’s card in Vietnam?
The cases of revocation of copyright, related right assessor’s card according to the provisions of Clause 5, Article 98 of Decree 17/2023/ND-CP as follows:
Procedures for issuance, re-issuance, and revocation of copyright, related right assessor’s card
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5. Assessor’s card shall be revoked when:
a) Individuals who were previously issued with assessor's card no longer satisfy conditions under Article 93 hereof;
b) Individuals who were previously issued with assessor’s card violate regulations in assessment operation at which point competent authorities request revocation of the assessor’s card as per the law;
c) There are grounds confirming that assessor’s card has been issued in an illegitimate manner.
6. State authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism shall produce list of assessors according to the Decision on issuance, re-issuance, revocation of assessor’s card and publish on their websites.
Thus, according to the above regulations, copyright, related right assessor’s card shall be revoked when:
- Individuals who were previously issued with assessor's card no longer satisfy conditions under Article 93 of Decree 17/2023/ND-CP;
- Individuals who were previously issued with assessor’s card violate regulations in assessment operation at which point competent authorities request revocation of the assessor’s card as per the law;
- There are grounds confirming that assessor’s card has been issued in an illegitimate manner.
What are the cases of revocation of copyright and related right assessor’s card? What are the cases of re-issuance of copyright and related right assessor’s card in Vietnam?
Which agency has the authority to revoke the copyright and related right assessor’s card in Vietnam?
The authority to revoke the copyright and related right assessor’s card is specified in Article 96 of Decree 17/2023/ND-CP:
Entitlement to issue, re-issue, and revoke assessor’s card, certificate of assessing bodies
State authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism are entitled to issue, re-issue, and revoke assessor’s card, certificate of assessing bodies.
Accordingly, state authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism are entitled to issue, re-issue, and revoke assessor’s card, certificate of assessing bodies.
What are the cases of re-issuance of copyright and related right assessor’s card in Vietnam?
Clause 4, Article 98 of Decree 17/2023/ND-CP stipulates the re-issuance of copyright, related right assessor’s card as follows:
Procedures for issuance, re-issuance, and revocation of copyright, related right assessor’s card
1. Individuals satisfying conditions under Clause 3 Article 201 of the Law on Intellectual Property and applying for copyright, related right assessor's card shall submit application for issuance of assessor's card in person or via post service to state authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism. The application consists of:
a) Form No. 10 under Appendix III attached hereto;
b) Original copies or certified true copies of written qualification of assessment examination or written approval of the examination council for exemption from assessment examination;
c) 2 colored head shots in 3 x 4 cm format.
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4. Re-issuance of assessor’s card:
a) Assessor’s card shall only be re-issued when previous assessor’s card is lost or damaged or in case of changes to information on assessor’s card;
b) Assessors who wish to apply for re-issuance of assessor’s card shall submit Form No. 10 under Appendix III attached hereto and documents under Point a and Point c Clause 1 of this Article to state authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism in person or via post service. If old assessor’s card is damaged, the damaged card is also required;
c) Within 20 days from the date on which application for re-issuance of assessor’s card is received, assessor's card shall be re-issued.
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According to the above regulations, assessor’s card shall only be re-issued when:
- previous assessor’s card is lost or damaged
- or in case of changes to information on assessor’s card;
Thus, in the case of revocation of copyright, related right assessor’s card is not included in the cases where the card is reissued.
Thus, in the case of revocation of copyright, related right assessor’s card is not included in the cases where the card is reissued.
In addition, Assessors who wish to apply for re-issuance of assessor’s card shall submit Form No. 10 under Appendix III attached hereto and documents under Point a and Point c Clause 1 of this Article to state authorities governing copyright and related rights affiliated with the Ministry of Culture, Sports and Tourism in person or via post service.
If old assessor’s card is damaged, the damaged card is also required;
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