Is it permissible to cite a architectural work in a comment in Vietnam?

Is it permissible to cite a architectural work in a comment in Vietnam?

Pursuant to Article 15 of the Decree 22/2018/NĐ-CP stipulating copyright on architectural works as follows:

1. Architectural works specified at Point i, Clause 1, Article 14 of the Intellectual Property Law means works of architectural type, including:

a) architectural design drawings of facilities or complex of facilities, interior and landscapes.

b) architectural facilities.

2. The author is entitled to moral rights prescribed in Article 19 and economic rights prescribed in Article 20 of the Intellectual Property Law.

3. An author not also the copyright owner is entitled to moral rights prescribed in Clauses 1, 2 and 4 Article 19 of the Intellectual Property Law; an copyright owner is entitled to the rights prescribed in Clause 3 Article 19 and Article 20 of the Intellectual Property Law.

4. The author and any entity providing financial aid, technical facilities to create the work may reach arrangements repair of the work.

Pursuant to Clause 6 Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property in 2019 stipulating as follows:

6. To amend and supplement Article 25 as follows:

"Article 25. Cases of use of published works in which permission and payment of royalties or remunerations are not required

1. Cases of use of published works in which permission or payment of royalties or remunerations is not required include:

a/ Duplication of works for personal scientific research or leaching purpose;

b/ Reasonable citation of works without misrepresenting the authors' views for commentary or illustrative purpose;

c/ Recitation of works without misrepresenting the authors* views in articles published in newspapers or periodicals, in radio or television broadcasts, or documentaries;

d/ Recitation of works in schools for lecturing purpose without misrepresenting the authors" views and not for commercial purpose:

c/ Reprographic reproduction of works by libraries for archival and research purpose;

f/ Performance of dramatic works or other performing-art works in mass cultural, communication or mobilization activities without collecting any charges in any form:

g/ Audiovisual recording of performances for the purpose of repotting current events or for teaching purpose;

h/ Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works:

i/ Transcription of works into Braille or characters of other languages for the blind:

j/ Importation of copies of others' works for personal use.

2. Organizations and individuals that use works defined in Clause 1 of this Article may neither affect the normal utilization of these works nor prejudice the rights of the authors or copyright holders; and shall indicate the authors" names, and sources and origins of these works.

3. The provisions of Points a and e. Clause 1 of this Article are not applicable to architectural works, plastic works and computer programs."

As regulations above, the design drawings of the houses are architectural works. Therefore, you are not allowed to cite a architectural work and comment it in a report.

What is reasonable citation in Vietnam?

Pursuant to Article 23 of the Decree 22/2018/NĐ-CP stipulating reasonable citation as follows:

Reasonable citation of a work by a person without misrepresenting the author’s views for commentary or illustrative purpose in his/her work as provided for at Point b, Clause 1, Article 25 of the Intellectual Property Law must satisfy the following conditions:

1. The cited parts aim merely to introduce, comment or clarify matters touched upon in his/her work.

2. The number and essence of parts cited from the work used for recitation are not prejudicial to the copyright to such work and suitable to the nature and characteristics of the type of work used for recitation.

Best regards!