Recently, LAWNET has received many questions about copyright registration procedures for computer software. In order to answer these questions of Customers and Members, LAWNET has summarized all regulations on documents and procedures to send to Customers as follows:
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DOWNLOAD Application for registration of copyright
According to Point m Clause 1 Article 14 of the Law on Intellectual Property of Vietnam, computer software is a type of works which are protected by copyright. In other words, the registration of copyright protection for a computer program is the registration of a software copyright:
Article 14. Types of works which are protected by copyright
1. Literary, artistic and scientific works which are protected by copyright comprise:
(a) Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;
(b) Lectures, addresses and other speeches;
(c) Press works;
(d) Musical works;
(dd) Stage works;
(e) Cinematographic works and works created by a process analogous to cinematography (hereinafter all referred to as cinematographic works);
(g) Plastic art works and applied art works;
(h) Photographic works;
(i) Architectural works;
(k) Sketches, plans, maps and drawings related to topography or scientific works;
(l) Folklore and folk art works;
(m) Computer programs and data collections.
…
Applications and procedures for software copyright registration are as follows:
1. Applications: (01 set)
Applications for registration of copyright or related rights are carried out in accordance with Clause 2 Article 50 of the Law on Intellectual Property of Vietnam, including:
- A declaration for registration of copyright or related rights:
A declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application; and must include complete information on the applicant, author, copyright holder or related rights holder; the summarized content of the work, performance, audio and visual fixation or broadcast; the name of the author, and the title of the work used to make the derivative work if the work to be registered is a derivative work; the date, place and form of publication; and an undertaking accepting liability for the information set out in the application. The Ministry of Culture and Information shall regulate the sample form of a declaration for registration of copyright or related rights.
- Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;
- A letter of authorization where the applicant is an authorized person;
- Documents proving the right to file the application where the applicant acquires such right by way of inheritance, succession or assignment;
- Written consent of the co-authors in the case of a work under joint authorship;
- Written consent of the co-owners if the copyright or related rights are jointly owned.
Note: The documents stipulated in sub-clauses (c), (d), (dd) and (e) of clause 2 of this article must be written in Vietnamese. Documents in a foreign language must be translated into Vietnamese.
2. Procedures:
Procedures for registration of copyright and related rights are specified in Article 34 of Decree No. 22/2018/NĐ-CP of Vietnam’s Government and Article 52 of the Law on Intellectual Property of Vietnam as follows:
- Submit a set of applications for registration of copyright or related rights to the headquarters of the Copyright Office of Vietnam, representatives offices of the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang city affiliated to the Ministry of Culture, Sports and Tourism.
- Addresses:
+ Copyright Office of Vietnam: No. 33, Street 294/2, Kim Ma, Ba Dinh, Hanoi.
+ Representatives offices of the Copyright Office of Vietnam in Ho Chi Minh City: No. 170 Nguyen Dinh Chieu Street, Ward 6, District 3, Ho Chi Minh City.
+ Representatives offices of the Copyright Office of Vietnam in Danang City: No. 58, Phan Chu Trinh Street, Hai Chau Ward, Danang City.
- Submitting forms: Directly, by post or online at https://dichvucong.bvhttdl.gov.vn/
- Processing duration:
The State administrative body for copyright and related rights shall be responsible to grant a registered copyright certificate or registered related rights certificate to the applicant, or shall notify the applicant in writing in a case of refusal to grant a certificate, within a time-limit of fifteen (15) working days from the date of receipt of a valid application.
- Registration fee: VND 600,000/certificate (according to Circular No. 211/2016/TT-BTC).
Lan Anh
