Vietnam: Regulations on royalties and rewards for cinematographic works

According to Vietnam’s regulations, rewards mean an amount of money paid by the users to those who perform the tasks in connection with creation of works.

Quy định về nhuận bút, thù lao đối với tác phẩm điện ảnh, mỹ thuật, nhiếp  ảnh, sân khấu và các loại hình nghệ thuật biểu diễn khác

Regulations on royalties and rewards for cinematographic works (Illustration)

According to Vietnam’s regulations, rewards mean an amount of money paid by the users to those who perform the tasks in connection with creation of works.

According to Decree No. 21/2015/ND-CP of Vietnam’s Government, royalties mean an amount of money paid to authors, owners of copyrights by organizations and individuals that exploit and use the works thereof (hereinafter referred to as the users). Royalties and rewards for cinematographic works are prescribed as follows:

- In case a screenplay is adapted from a literary, theatrical work or other works of similar forms, the screenwriter thereof shall enjoy from 60-70% of the royalties for screenwriting of the same genre as prescribed in Article 5 hereof. The remaining part shall be paid to authors or owners of copyrights of the work used for adaptation.

- Authors of cinematographic works intended for children, ethnic minorities shall receive from 5-10% of the royalties for works of the same genre as royalty incentives.

- The users shall pay rewards to actors, actresses, royalties and rewards to other positions as not prescribed in Article 5 hereof through an agreement.

- In case a cinematographic work involves high production cost due to special requirements for equipment, materials or when film settings are made abroad, highest level of royalties, rewards shall not exceed twice the level of royalties, rewards for a cinematographic work with average production cost approved by competent agencies.

Moreover, royalty incentive means an amount of money paid to authors or owners of copyrights by the users aimed at encouraging the creation of the works pertaining to topics and special cases as prescribed in this Decree.

More details can be found in Decree No. 21/2015/ND-CP of Vietnam’s Government, which takes effect from April 15, 2015.

Le Hai

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