The Government has just issued Decree 17/2023/ND-CP guiding the Law on Intellectual Property regarding copyright and related rights (effective as of April 26, 2023), including guidance on types of works eligible for copyright protection in Vietnam.

Types of works eligible for copyright protection in Vietnam

According to Decree 17/2023/ND-CP, the types of works eligible for copyright protection in Vietnam include:

(1) Works of literature, scientific works, textbooks, course books, and other works expressed in form of handwriting or other symbols specified under Point a Clause 1 Article 14 of the Law on Intellectual Property:

- Works of literature, scientific works, and other works expressed in form of handwriting include: Novels, novellas, short stories; memoirs; poems, narrative poems; scripts; cultural, literature, art, scientific study works, and other written materials;

- Textbooks are published works that specify requirements of full-time education program, are approved and allowed by the Minister of Education and Training to be used as official teaching materials in full-time education institutions;

- Course books are official teaching, studying, research materials which have contents appropriate to training programs and are approved, selected by heads of higher education institutions, vocational education and training facilities or approved by competent state authorities as per the law;

- Works expressed in other symbols are works displayed in form of tactile letters for visually impaired, shorthand symbols, and symbols representing handwritings that can be understood and reproduced by individuals and organizations by different methods.

(2) Lectures, speeches, and other talks specified under Point b Clause 1 Article 14 of the Law on Intellectual Property are works expressed by spoken language and must be fixed in a definite tangible medium.

(3) Journalism works specified under Point c Clause 1 Article 14 of the Law on Intellectual Property mean works which have independent contents and complete structure, include: Report, newsflash, narration, interview, reflection, investigation, commentary, leading article, treatise, journalistic prose, and other forms of journalism which are then published or broadcasted on printed newspaper, talking newspaper, photo newspaper, online newspaper, or other media.

(4) Musical works specified under Point d Clause 1 Article 14 of the Law on Intellectual Property are works that are expressed in form of notes in a musical arrangement or other music symbols regardless whether they are performed or not.

(5) Theatrical works specified under Point dd Clause 1 Article 14 of the Law on Intellectual Property are works that fall under performance arts and include: “Chèo”, “tuồng”, “cải lương”, dance, puppetry, contemporary dance, ballet, play, opera, folk play, physical theater, musical theater, circus, comedy, variety shows, and other performance arts.

(6) Motion pictures and works created in similar methods specified under Point e Clause 1 Article 14 of the Law on Intellectual Property are works which have contents expressed by a series of still images in succession or images created by technical, technological equipment; with or without audio and other effects according to film language principles. Still images extracted from a motion picture are parts of that motion picture.

Motion pictures do not include video recordings serving news propagation on radio broadcasting services, television services, the internet; performance art programs, video games; video recordings of activities of one or many people, events, situations, or reality shows.

(7) Works of art specified under Point g Clause 1 Article 14 of the Law on Intellectual Property are works which are expressed by lines, color, shapes, composition, including:

- Paintings: Paintings of lacquer, oil paint, powder, water color, dó paper, and other materials;

- Graphics: Wood engravings, metal engravings, rubber engravings, plaster engravings, unique prints, rock prints, propaganda paintings, graphic design, and other materials;

- Sculpture: Statues, monuments, relief, memorials, symbolic blocks;

- Installation arts and other forms of contemporary art.

Works of art, sculpture, installation art, and other forms of contemporary art exist as unique copies. Works of graphic art can be depicted to the 50th iteration which must be numbered and signed by the authors.

(8) Works of applied art specified under Point g Clause 1 Article 14 of the Law on Intellectual Property are works expressed by lines, color, shapes, and compositions with useful functions, potentially associated with a useful item, and manufactured manually or industrially and include: Graphic design (presentation of product logos, identity, and packaging; presentation of characters); fashion design; aesthetic design associated with forming products; aesthetic interior design, interior and exterior decoration.

Works of applied art are expressed by aesthetic shaping of products, cannot be easily created by persons with average understanding in respective field, and do not require aesthetic exterior in order to function.

(9) Works of photography specified under Clause 1 Article 14 of the Law on Intellectual Property are works depicting images of an objective world on light-sensitive materials or media on which images are created or works depicting images of an objective world created chemically, electronically, or by other technical measures. Works of photography may or may not be accompanied by notes.

(10) Works of architecture specified under Point i Clause 1 Article 14 of the Law on Intellectual Property are works in the field of architecture, including:

- Architectural design drawing of constructions or a combination of constructions, interior, scenery;

- Constructions.

(11) Flow charts, graphs, maps, drawings specified under Point k Clause 1 Article 14 of the Law on Intellectual Property include flow charts, graphs, maps, drawings relating to topography, scientific and architectural constructions.

(12) Works of folk literature and art specified under Point 1 Clause 1 Article 14 and Clause 1 Article 23 of the Law on Intellectual Property include:

- Works of folk literature and art specified under Point a Clause 1 Article 23 of the Law on Intellectual Propertyy are arts of words;

- Works of folk literature and art specified under Point b and Point c Clause 1 Article 23 of the Law on Intellectual Property are performance arts such as “chèo”, “tuồng”, “cải lương”, puppetry, singing rhythm, folk songs, melodies; dance, folk dance, play, folk games, folk festivals, village festivals, other forms of folk ceremonies.

Mai Thanh Loi

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