Regulations on the exploitation and use of copyright for teaching and research for non-commercial purposes in Vietnam

Regulations on the exploitation and use of copyright for teaching and research for non-commercial purposes in Vietnam​ (Image from the Internet)

1. Regulations on the exploitation and use of copyright for teaching and research for non-commercial purposes in Vietnam

According to Article 37 of Decree 17/2023/ND-CP on the exploitation and use of reproduction rights for teaching and non-commercial research in Vietnam:

- Vietnamese organizations or individuals wishing to reproduce works that have been legally distributed or communicated to the public for teaching and non-commercial research purposes must submit a dossier including a declaration requesting approval for reproduction of the work for teaching and non-commercial research purposes directly to the specialized state agency managing author rights and related rights of the Ministry of Culture, Sports and Tourism, along with evidence that the organization or individual had previously sought permission from the rights owner to reproduce the work, but their request was refused or an agreement could not be reached, and must meet the following conditions:

+ The copyright owner has not issued the work to the public in Vietnam within 5 years from the first publication, or within 3 years for works related to natural sciences, physical sciences, mathematics, technology or not within 7 years for fiction, poetry, drama, music, or art;

+ The copyright owner has issued copies but no copies of the work remain in the market after the period mentioned in point a of this clause.

- The application of the provisions in clause 1 of Article 37 Decree 17/2023/ND-CP must adhere to the following conditions:

+ The organization or individual submitting the dossier proves that they have requested and been refused permission to copy and publish the work by the copyright holder, or cannot locate the copyright owner by any means necessary;

+ When unable to find the copyright owner, the organization or individual has sent a copy of their authorization request by mail to the publisher named in the work not less than 3 months before submitting the dossier;

+ The organization or individual submitting the dossier possesses the capability to accurately reproduce and publish a copy of the work and has sufficient technical means to pay royalties to the copyright owner;

+ The author's name and the specific edition of the work proposed for copying are printed on all copies of the reproduced copy;

+ The author has not withdrawn the work from circulation.

- Procedures and forms of implementation:

+ Vietnamese organizations or individuals with the need to reproduce works legally distributed or communicated to the public for teaching and non-commercial research purposes submit dossiers directly or via postal services to the specialized state agency managing author rights and related rights of the Ministry of Culture, Sports and Tourism;

+ After 20 days from receiving a valid dossier, the agency specified in point a of clause 3 Article 37 Decree 17/2023/ND-CP sends notifications to the copyright owner and posts it on the electronic information page regarding author rights and related rights concerning organizations or individuals requesting approval for the reproduction of works legally distributed or communicated to the public for teaching and non-commercial research;

+ After at least 6 months for a dossier requesting approval for reproduction of natural science, physical science, mathematics, technology works or at least 3 months for other work reproduction requests since the date of posting the notification under point b clause 3 Article 37 Decree 17/2023/ND-CP, the agency specified in point a of this clause sends a royalty payment notice along with the estimated royalty calculation to the organization or individual submitting the dossier;

+ The organization or individual receiving the notification must pay the royalty according to the royalty estimation within 5 working days (with a copy of the payment receipt);

+ After receiving the royalty payment, within 5 working days, the agency specified in point a clause 3 Article 37 Decree 17/2023/ND-CP issues a document approving the reproduction of the work for teaching and non-commercial research purposes;

+ The agency specified in point a clause 3 Article 37 Decree 17/2023/ND-CP is responsible for transferring the received royalty to the copyright owner according to the regulations on foreign exchange management and other relevant legal regulations. If the copyright owner cannot be found, execute according to clause 8 Article 23 of Decree 17/2023/ND-CP.

- The dossier components include:

+ Declaration requesting approval for the reproduction of the work for teaching and non-commercial research purposes (according to Form No. 05 of Appendix III issued together with Decree 17/2023/ND-CP);

+ Utilization plan;

+ Documents proving efforts to obtain permission from the copyright owner to reproduce the work but the request was denied or an agreement could not be reached or efforts to find the copyright owner;

+ Documents proving compliance with the conditions specified in points a and b of clause 1 Article 37 Decree 17/2023/ND-CP;

+ Copy of the proof of payment for the execution of approval for reproduction of the work for teaching and non-commercial research purposes (in case of payment via postal services or direct payment into the account);

+ Power of attorney (certified, notarized, or consular legalized) in case the dossier is submitted through authorization.

- The organization or individual granted approval is only entitled to reproduce and publish the approved copy and may not transfer it to another organization or individual.

2. State policy on author rights and related rights in Vietnam

The state policy on author rights and related rights according to Article 4 Decree 17/2023/ND-CP is as follows:

- Provide financial support for purchasing copyrights for state agencies and organizations tasked with disseminating works, performances, sound recordings, and broadcasts that are ideologically, scientifically, educationally, and artistically valuable to serve the public interest, contributing to socio-economic development.

- Prioritize investment in training and fostering officials and public employees involved in management and enforcement of author rights and related rights protection from the central to local levels.

- Prioritize investment, application of science and technology, and digital transformation in state management activities on the protection of author rights and related rights.

- Intensify media efforts to raise awareness and compliance with the laws on author rights and related rights. Enhance education on author rights and related rights in schools and other educational institutions suitable for each level of education and training.

- Mobilize social resources to invest and financially support activities that encourage creativity, exploitation, transfer, and promote the development of cultural industries, enhancing the capacity of the author rights and related rights protection system to meet the demands of socio-economic development and international integration.

- Provide incentives for organizations, individuals, and enterprises operating in promoting the development of cultural industries protected by author rights and related rights; promote the implementation of converting formats to accessible formats for persons with disabilities according to legal regulations, facilitating persons with disabilities' access to works.

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