Vietnam: Dossier for sending and receiving the request for verification

Recently, the Ministry of Culture, Sports and Tourism of Vietnam has issued the Circular No. 15/2012/TT-BVHTTDL guiding the verification of copyrights and relevant rights.

Hồ sơ yêu cầu giám định quyền tác giả, Thông tư 15/2012/TT-BVHTTDL

 

According to Article 12 of the Circular No. 15/2012/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism of Vietnam, the organizations and individuals that need the verification as prescribed in Clause 2 and Clause 3 Article 40 of the Decree No. 105/2006/NĐ-CP, amended and supplemented in the Decree No. 119/2010/NĐ-CP, shall submit 01 dossier of application for the verification to an independent verifier or an verifying organization. The dossier includes:

* The written application for the verification, providing:

- The name and address of the individual or organization that requests the verification;

- The ID number or the number of the Establishment Decision or the number of the certificate of operation registration, the date and place of issue of the individual or organization that requests the verification.

- The phone number, fax number, or email of the individual or organization that requests the verification;

- The status of the requester (author; owner of copyright, owner of relevant rights; the person that have relevant rights and interests; other status);

- The bases for the request;

- The verification content;

- The relevant contents.

* The enclosed documents:

- The samples that need verification;

- The documents proving the copyright, the ownership of the copyright, the ownership or relevant rights, works, and the subjects of relevant rights;

- The relevant documents.

The independent verifier or the verifying organization shall receive the dossier of application for the verification, estimate the cost of verification, reach an agreement and sign the verification contract with the organization or individual that requests the verification, unless the verification is refused as prescribed in Clause 3 Article 12 of the Circular No. 15/2012/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism of Vietnam. The independent verifier or the verifying organization shall refuse to carry out the verification in one of the following cases:

- Not belonging to the field of verification prescribed in Clause 2 Article 3 of the Circular No. 15/2012/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism of Vietnam;

- The regulations in Point b Clause 3 and Point d Clause 4 Article 44 of the Decree No. 105/2006/NĐ-CP are amended and supplemented in the Decree No. 119/2010/NĐ-CP.

View more details at the Circular No. 15/2012/TT-BVHTTDL of the Ministry of Culture, Sports and Tourism of Vietnam, effective from February 01, 2013.

Le Vy

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