Is subtitling foreign movies and posting them online a violation against the Law on Intellectual Property in Vietnam?

Is subtitling foreign movies and posting them online a violation against the Law on Intellectual Property in Vietnam?

Pursuant to Article 28 of the Law on Intellectual Property in 2005 stipulating conduct constituting infringement of copyright as follows: 

1. Appropriating copyright in a literary, artistic or scientific work.

2. Impersonating an author.

3. Publishing or distributing a work without permission from the author.

4. Publishing or distributing a work of joint authors without permission from the co-authors.

5. Modifying, editing or distorting a work in any way which prejudices the honour and reputation of the author.

6. Copying a work without permission from the author or copyright holder, except in the cases stipulated in sub-clauses (a) and (dd) of article 25.1 of this Law.

7. Making a derivative work without permission from the author or copyright holder of the work used for making such derivative work, except in the case stipulated in sub-clause (i) of article 25.1 of this Law.

8. Using a work without permission from the copyright holder and without paying royalties, remuneration or other material benefits in accordance with law, except in the cases stipulated in article 25.1 of this Law.

9. Leasing out a work without paying royalties, remuneration or other material benefits to the author or copyright holder.

10. Duplicating, producing copies of, distributing, displaying or communicating a work to the public via a communications network or digital means without permission from the copyright holder.

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Pursuant to Article 4 of the Law on Intellectual Property in 2005 (amended by Clause 2, Article 1 of the Amendments on the Law on Intellectual Property in 2009) stipulating definitions of terms as follows: 

In this Law. the terms below are construed as follows:

1. Intellectual property rights means rights of organizations and individuals to intellectual assets, including copyright and copyright-related rights, industrial properly rights and rights to plant varieties.

2. Copyright means rights of organizations and individuals to works they have created or own.

3. Copyright-related rights (below referred to as related rights) means rights of organizations and individuals to performances, phonograms, video recordings, broadcasts and encrypted program-carrying satellite signals.

4. Industrial property rights means rights of organizations and individuals to inventions, industrial designs, layout-designs of semiconductor integrated circuits, trade secrets, marks, trade names, geographical indications and trade secrets they have created or own, and the right to repression of unfair competition.

5. Rights to plant varieties means rights of organizations and individuals to new plant varieties they have selected, created or discovered and developed, or own.

6. Intellectual property right holder means an owner of intellectual property rights or an organization or individual that is assigned intellectual property rights by the owner.

7. Work means a creation of the mind in the literary, artistic or scientific domain, whatever may be the mode or form of its expression.

8. Derivative work means a work which is translated from one language into another adapted, modified, transformed, compiled, annotated or selected.

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As regulations above, subtitling foreign movies is a derivative work. You are violating the Law on Intellectual Property when subtitling movies without permission from the authors.

In Vietnam, what are the fines for subtitling foreign movies and posting them online?

Pursuant to Article 12 of the Decree 131/2013/ND-CP stipulating acts of infringing upon the right to make derivative works as follows: 

1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for making derivative works without permission of the copyright holders.

2. Remedial measures:

Forcibly removing copies of the work which is infringed, in electronic form, on internet and digital environment, for violations specified in Clause 1of this Article.

Pursuant to Clause 2, Article 2 of the Decree 131/2013/ND-CP stipulating provision on fines as follows:

2. The fines bracket specified in Chapter II of this Decree is fines bracket applied to individuals, except for cases specified in Clauses 1, 2, 3 and 4 Article 5; Clause 1 and point b Clause 2 Article 7 of this Decree. For a same violation, fines bracket applicable to organizations will be equal to twice of the fines bracket applicable to individuals.

As regulations above, the act of subtitling movies and posting them online without permission from the authors shall be fine from VND 5,000,000 to VND 10,000,000. Besides, you shall also be forced to remove removing copies of the work on your personal Facebook. 

Best regards!