Does sharing TV programs on the internet infringe the related rights in Vietnam?

Does sharing TV programs on the internet infringe the related rights in Vietnam?

Pursuant to Article 35 of the Law on Intellectual Property in 2005 stipulating conduct constituting infringement of related rights in Vietnam as follows: 

1. Appropriating the rights of a performer, producer of audio and visual fixation, or of a broadcasting organization.

2. Impersonating a performer, producer of audio and visual fixation, or a broadcasting organization.

3. Publishing, producing and distributing a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

4. Modifying, editing or distorting a performance in any way which prejudices the honour and reputation of the performer.

5. Copying or reciting from a formulated performance, audio and visual fixation or a broadcast without permission from the performer, producer of the audio and visual fixation or from the broadcasting organization.

6. Deliberately deleting or modifying electronic information regarding management of rights without permission from the related right holder.

7. Deliberately destroying or de-activating the technical solutions applied by the related right holder to protect his or her rights.

8. Publishing, distributing or importing for public distribution performances, copies of a fixed performance or audio and visual fixation knowing, or having grounds to know, that electronic information regarding management of rights has been deleted or modified without permission from the related right holder.

9. Manufacturing, assembling, transforming, distributing, importing, exporting, selling or leasing out equipment knowing, or having grounds to know, that such equipment helps to illegally decode satellite signals carrying coded programmes.

10. Deliberately receiving or relaying satellite signals carrying coded programmes without permission from the legal distributor.

As regulations above, the act of sharing file of VCD of "Gặp Nhau Cuối Năm" TV program is an violation of publishing audio and visual fixation without permission from producer of the audio and visual fixation.

What are the penalties for acts of infringing upon the right to distribute broadcasts to the public in Vietnam?

Pursuant to Article 31 of the Decree 131/2013/ND-CP stipulating acts of infringing upon the right to distribute broadcasts to the public in Vietnam as follows: 

1. A fine of between VND 10,000,000 and 30,000,000 shall be imposed for acts of distributing copies of broadcasts without permission of the right holder of the broadcasting organization.

2. Remedial measures:

Forcibly removing copies of broadcasts in electronic form, on the Internet and digital environment, or forcible destruction of material evidence used for committing violations for acts specified in Clause 1of this Article.

As regulations, the act of sharing file of VCD of "Gặp Nhau Cuối Năm" TV program shall be fined from VND 10,000,000 to 30,000,000. Besides, you shall also be forced to remove copies of broadcasts in electronic form, on the Internet and digital environment, or destroy material evidence.

Best regards!