Forms of appraisal activities by appraisers of copyright and related rights in Vietnam

Forms of appraisal activities by appraisers of copyright and related rights in Vietnam (Image from the Internet)

1. Forms of appraisal activities by appraisers of copyright and related rights in Vietnam

According to Article 94 of Decree 17/2024/ND-CP, the forms of appraisal activities by appraisers of copyright and related rights in Vietnam are as follows:

- Appraisers on copyright and related rights may operate within an organization engaged in copyright and related rights appraisal under the name of that organization or operate independently.

- The operating mode of the appraisers is recorded in the Decision on the issuance and re-issuance of the Appraiser Card, and in the List of appraisers on copyright and related rights as stipulated in Clause 6, Article 98 of Decree 17/2024/ND-CP.

- In cases where appraisers operate under the name of an organization engaged in copyright and related rights appraisal, the information about the appraisers must be recorded in the Decision on the issuance and re-issuance of the Certificate of the organization engaged in copyright and related rights appraisal, and the List of appraisers affiliated with the organization as stipulated in Clause 6, Article 99 of Decree 17/2024/ND-CP.

2. Regulations on professional appraisal for copyright and related rights in Vietnam

The regulations on professional appraisal for copyright and related rights are outlined in Article 97 of Decree 17/2024/ND-CP as follows:

- Individuals requesting the issuance of an appraiser Card without a qualifying result of the professional appraisal as stipulated in Article 98 of Decree 17/2024/ND-CP must submit one set of registration documents for the professional appraisal via post or directly to the specialized agency of the state management authority on copyright and related rights under the Ministry of Culture, Sports and Tourism. The documentation for requesting the professional appraisal includes:

+ The registration form for professional appraisal in copyright and related rights (according to Form No. 09 of Appendix III issued together with Decree 17/2024/ND-CP);

+ A certified copy or an original copy of the university or postgraduate diploma;

+ A confirmation letter from the agency or organization of employment about the continuous professional activity related to the appraisal field for 5 or more years continuously, or 15 or more years continuously for individuals requesting an exemption from the professional appraisal as stipulated in Clause 5, Article 97 of Decree 17/2024/ND-CP;

+ Two color photos, size 3 x 4 cm;

+ A document requesting an exemption from the professional appraisal for individuals eligible for exemption as stipulated in Clause 5, Article 97 of Decree 17/2024/ND-CP.

- Within 20 days from the date of receiving complete and valid documents, the specialized agency of the state management authority on copyright and related rights under the Ministry of Culture, Sports and Tourism is responsible for notifying about the acceptance of the documents and establishing the appraisal Council. In case of refusal to accept the documents, a written notification specifying reasons must be issued.

- The Professional appraisal Council

+ The Minister of Culture, Sports, and Tourism decides on the establishment of the Professional appraisal Council (hereinafter referred to as the appraisal Council) based on the proposal of the specialized agency of the state management authority on copyright and related rights under the Ministry of Culture, Sports and Tourism.

+ The appraisal Council consists of a chairperson and members. The number of members in the appraisal Council must be odd and consist of at least 5 members. The Chairperson of the appraisal Council is the Head of the specialized agency of the state management authority on copyright and related rights under the Ministry of Culture, Sports and Tourism; members of the appraisal Council include individuals with expertise and experience in copyright and related rights.

- Content of the Professional appraisal

The content of the professional appraisal includes legal knowledge and specialized knowledge in copyright and related rights appraisal.

- Individuals Eligible for Exemption from the Professional appraisal

Individuals who have at least 15 consecutive years of experience in drafting and guiding the implementation of legal normative documents on copyright and related rights; inspecting, resolving disputes, complaints, and accusations regarding copyright and related rights at the specialized agency of the state management authority on copyright and related rights under the Ministry of Culture, Sports and Tourism are exempted from the professional appraisal.

- Notification of appraisal Results

The results of the professional appraisal are announced on the electronic information portal of the specialized agency of the state management authority on copyright and related rights under the Ministry of Culture, Sports and Tourism. Within 30 days from the date of conducting the professional appraisal, the specialized agency of the state management authority on copyright and related rights under the Ministry of Culture, Sports and Tourism issues a document confirming the results for those who meet the appraisal requirements.

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