What are the procedures for issuing registered related rights certificates in Vietnam according to current regulations?
- What are the procedures for issuing registered related rights certificates in Vietnam?
- What is included in the application for registered related rights certificates in Vietnam?
- How much is the fee for issuing registered related rights certificates in Vietnam?
- Which subject matter of related rights is eligible for protection?
What are the procedures for issuing registered related rights certificates in Vietnam?
Pursuant to subsection 2, Section I, Part I, Procedures for promulgation together with Decision No. 3684/QD-BVHTTDL in 2022 as follows:
Step 1: The owner of related rights may directly or authorize another organization or individual to submit 01 application for registration of related rights at the head office of the Copyright Office or Representative of the Office of Copyright and Related Rights Registration Office of the Copyright Office in Ho Chi Minh City, Representative of the Office of Copyright and Related Rights Registration Office of the Copyright Office in Da Nang city.
Step 2: Within 15 working days from the date of receipt of a valid application, the Copyright Office shall issue a registered related rights certificate. In case of refusal to issue a registered related rights certificate, a written notice must be given to the applicant.
There are 3 ways to do it:
- Direct submission
- Send by post to the Copyright Office, Representative of Copyright and Related Rights Registration Office of Copyright Office in Ho Chi Minh City, Representative of Copyright and Related Rights Registration Office of the Copyright Office in Da Nang city.
- Submit your application online at the Public Service Portal of the Ministry of Culture, Sports and Tourism.
What are the procedures for issuing registered related rights certificates in Vietnam according to current regulations?
What is included in the application for registered related rights certificates in Vietnam?
Pursuant to subsection 2, Section I, Part I, Procedures promulgated together with Decision No. 3684/QD-BVHTTDL in 2022, the application for a registered related rights certificate includes:
- Declaration of registration of related rights.
The declaration must be made in Vietnamese and signed by the relevant right holder himself or by the person authorized to file the application and with full information about the applicant and the relevant right holder; summaries of performances, phonograms, video recordings or broadcasts; time, place and form of publication; commitment of responsibility for the information stated in the application;
- Two copies of the related right registration object profiling;
- Power of attorney, if the applicant is an authorized person;
- Documents proving the right to file an application, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;
- Written consent of the co-owners, if the related rights are jointly owned.
The above documents must be made in Vietnamese; if it is made in a foreign language, it must be translated into Vietnamese.
How much is the fee for issuing registered related rights certificates in Vietnam?
Pursuant to subsection 2, Section I, Part I, Procedures promulgated together with Decision No. 3684/QD-BVHTTDL in 2022 stipulating the fees for issuing registered related rights certificates as follows:
- Fee for issuance of Certificate of related rights for performances fixed on Phonograms: VND 200,000/Certificate.
- Fee for issuance of the Certificate of related rights for performances fixed on the Video Record: VND 300,000/Certificate.
- Fee for granting related rights certificates for performances fixed on broadcast programs: VND 500,000/Certificate.
- Fee for issuance of Certificate of related rights for Sound Recording: VND 200,000/Certificate.
- Fee for granting related rights certificate for video recording: VND 300,000/Certificate.
- Fee for issuance of related rights certificates for broadcast programs: VND 500,000 /Certificate.
Which subject matter of related rights is eligible for protection?
Pursuant to Article 17 of the 2005 Law on Intellectual Property in Vietnam stipulating subject matter of related rights eligible for protection as follows:
(1) Performances shall be protected if they fall into one of the following categories:
- They are made by Vietnamese citizens in Vietnam or abroad;
- They are made by foreigners in Vietnam;
- They are fixed on audio and visual fixation and protected pursuant to the provisions of Article 30 of the 2005 Law on Intellectual Property in Vietnam;
- They have not yet been fixed on audio and visual fixation but have already been broadcast and are protected pursuant to the provisions of Article 31 of the 2005 Law on Intellectual Property in Vietnam;
- They are protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
(2) Audio and visual fixation shall be protected if it falls into one of the following categories:
- It belongs to audio and visual fixation producers bearing Vietnamese nationality;
- It belongs to audio and visual fixation producers protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
(3) Broadcasts and satellite signals carrying coded programmes shall be protected if they fall into one of the following categories:
- They belong to broadcasting organizations bearing Vietnamese nationality;
- They belong to broadcasting organizations protected pursuant to an international treaty of which the Socialist Republic of Vietnam is a member.
Nguyễn Thị Hồng Nhung