Handling the act of copying other people's work in Vietnam

Handling the act of copying other people's work in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Handling the act of copying other people's works in Vietnam

1.1  Acts of infringing upon the right to reproduce works in Vietnam

A fine of between VND 15,000,000 and 35,000,000 shall be imposed for reproducing the works without permission of the copyright holders.

Remedial measures:

Forcibly removing copies of the work which in infringed, in electronic form, on internet and digital environment, or forcible destruction of material evidence of violation for act specified in Clause 1 of Article 18 of Decree 131/2013/ND-CP.

(Article 18 of Decree 131/2013/ND-CP (amended in Decree 28/2017/ND-CP))

1.2 Criminal liability for infringement of copyrights and relevant rights

Pursuant to Article 225 of the Penal Code 2015 (amended in 2017), the criminal handling of acts of copying other people's works is as follows:

(i) A person who, without the consent of the holders of copyrights and relevant rights, deliberately commits any of the following acts which infringe upon copyrights and relevant rights protected in Vietnam and earns an illegal profit of from VND 50,000,000 to under VND 300,000,000 or causes a loss of from VND 100,000,000 to under VND 500,000,000 for the holders of such copyrights and relevant rights or with the violating goods assessed at from VND 100,000,000 to under VND 500,000,000 shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of up to 03 years' community sentence:

- Making copies of works, video recordings or audio recordings;

- Making the copies of works, video recordings or audio recordings publicly available.

(ii) This offence committed in any of the following circumstances carries a fine of from VND 300,000,000 to VND 1,000,000,000 or a penalty of 06 - 03 years' imprisonment:

- The offence is committed by an organized group;

- The offence has been committed more than once;

- The illegal profit reaped is ≥ VND 300,000,000;

- The loss incurred by the holders of copyrights and relevant rights is ≥ VND 500,000,000;

- The illegal goods are assessed at ≥ VND 500,000,000.

(iii) The offender might also be liable to a fine of from VND 20,000,000 to VND 200,000,000, prohibited from holding certain positions or doing certain works for 01 - 05 years.

(iv) Punishments incurred by a corporate legal entity that commits any of the offences specified in this Article:

- Any corporate legal entity that commits an offence specified in (i) despite the fact that it has incurred an administrative penalty or has an unspent conviction for the same offence shall be liable to a fine of from VND 300,000,000 to VND 1,000,000,000;

- A corporate legal entity that commits this offence in any of the circumstances specified in (ii) shall be liable to a fine of from VND 1,000,000,000 to VND 3,000,000,000 or has its operation suspended for 06 - 24 months;

- The violating corporate legal entity might also be liable to a fine of from VND 100,000,000 to VND 300,000,000 , be banned from operating in certain fields or raising capital for 01 - 03 years.

2. What are the cases of copyright exceptions in Vietnam?

Cases of copyright exceptions in Vietnam include:

(i) Cases in which a published work may be used without permission or payment of royalties except provision of information about the author and origin of the works:

- The user makes a copy for the personal purpose of scientific research or study and of a non-commercial nature. This does not apply if the copy is created using a copying device;

- The user reasonably reproduces part of the work using a copying device for the personal purpose of scientific research or study and of a non-commercial nature.

- The user reasonably uses the work to as illustration in a lecture, printed matter, performance, audio or video recording, broadcast for teaching purposes. This may include sharing the work in a local network, provided technical measures are taken to make sure that it is only accessible to the teacher and the learners in that session.

- The user uses the work in public service activities of state agencies;

- The user reasonably cites the work without misrepresenting the author's views to comment, introduce or illustrate in the user's own work, to write a news article or periodical, in a broadcast or documentary;

- The user uses the work for library operation of a non-commercial nature, including reproducing works being stored in the library for preservation, provided these copies are marked as archived copies and have restricted access in accordance with regulations of law on library and archiving;

Reasonably reproduces part of the work using a copying device serving another person's research or study; reproduces or sends the archived work on the inter-library network, provided the number of concurrent readers do not exceed the number of copies held by these libraries, unless otherwise is permitted by the right owner. This does not apply if the work has been digitally released;

- The user performs a theatrical work, musical work, dance or work of other art forms during a cultural event of a non-commercial nature;

- The user photographs, telecasts an fine art, architectural, photographic, or applied art work displayed at a public place for introduction of such work of a non-commercial nature;

- The user imports copies of another person's work for personal use of a non-commercial nature;

- The user reproduces the work by publishing on a newspaper or periodical, broadcasts or otherwise publicly present the lecture or speech or talk within an appropriate scope for the purpose of news production, unless the author announces he/she holds the copyright;

- The user photographs, makes an audio or video recording, or broadcasts an event in which the work is heard or seen for the purpose of news production;

- A person who has visual impairment or any impairment that render him/her unable to read printed text or read the work in a conventional way (hereinafter referred to as "disabled person) and his/her carer who satisfies the conditions specified by the Government uses the work in accordance with Article 25a of of the Law on Intellectual Property 2005.

(ii) The use of a work in the manners specified in (i) of this Section must not contradict the normal use of the work and must not cause unreasonable damage to the lawful interests of the author or copyright owner.

(iii) Regulations on reproduction specified in (i) of this Section do not apply to architectural works, fine art works, computer programs, collection and compilation of works.

Thus, in the cases mentioned above, it is not necessary to ask for permission, not to pay royalties, but to have information about the author's name and the origin and origin of the work.

(Article 25 of the Law on Intellectual Property 2005 (amended in 2009, 2022)

Nguyen Ngoc Que Anh

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