What are penalties for using a copyright registration certificate after issuing a decision revoking it in Vietnam?
What are penalties for using a copyright registration certificate after issuing a decision revoking it in Vietnam? How much is penalty for using the work without an entrustment contract with copyright holder in Vietnam?
I was notified of the revocation of copyright registration with my painting work, but since I have already registered for an exhibition, will I still be fined if I still use that copyright registration certificate to go to exhibitions? If I attend a painting group, how will they be sanctioned if they use my work for competition but do not have an entrustment contract with me?
1. What are penalties for using a copyright registration certificate after issuing a decision revoking it in Vietnam?
Pursuant to Article 4 of Decree 131/2013/ND-CP stipulating violations of regulation on registration as follows:
1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for failing to return a copyright or related right registration certificate after a competent agency has issued a decision invalidating or revoking it.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for declaring untruthfully papers, documents in dossier to be granted a copyright or related right registration certificate.
3. A fine of between VND 5,000,000 and 8,000,000 shall be imposed for using a copyright or related right registration certificate after a competent agency has issued a decision invalidating or revoking it.
4. Remedial measures
Forcible withdrawal of copyright or related right registration certificate for violations specified in Clauses 1, 2, and 3 of this Article.
According to this Article, using a copyright registration certificate which has been revoked by a competent authority will be subject to a fine of between VND 5,000,000 and 8,000,000. Forced withdrawal of copyright registration certificate in Vietnam.
2. How much is penalty for using the work without an entrustment contract with copyright holder in Vietnam?
According to the provisions of Article 5 of Decree 131/2013/ND-CP on violations of regulations on operation of collective representative organizations involving Copyright and related rights as follows:
1. A fine of between VND 500,000 and 1,000,000 shall be imposed for failing to execute the report regime about collective representative operation of Copyright and related rights to competent state agencies in accordance with regulations.
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for carrying out activities outside the scope of the written entrustment contracts signed with copyright or related right holders.
3. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for carrying out activities without the written entrustment contracts signed with copyright or related right holders.
4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for carrying out activities outside domains already licensed by competent state agency.
5. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for operating under the name of a collective representative organization of copyright and related rights.
6. Remedial measures:
Forcible refund of royalties, remuneration, or material benefits obtained from committing violations specified in Clauses 2, 3, 4 and 5 of this Article, to copyright or related right holders.
According to this Article, representative groups that use works to take to competitions but do not have entrustment contracts with copyright holders will be fined from VND 3,000,000 to VND 5,000,000. Forcible refund of royalties, remuneration, or material benefits obtained from committing violations in Vietnam.
Best Regards!
