Rights and responsibilities of organizations and individuals engaged in information technology industry activities in Vietnam

Rights and responsibilities of organizations and individuals engaged in information technology industry activities in Vietnam (Internet image) 

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

1. Rights and responsibilities of organizations and individuals engaged in information technology industry activities in Vietnam

- Organizations or individuals engaged in information technology industry activities have the following rights:

+ To participate in the research and development of information technology products;

+ To manufacture and supply information technology products;

+ To digitalize, maintain and increase the value of, information resources;

+ To register intellectual property rights to products and services which they create and the State protects in accordance with law,

+ To exercise other rights in accordance with law.

- Organizations and individuals engaged in information technology industry activities have the following responsibilities:

+ To meet the prescribed conditions and comply with the provisions of the Law on Information Technology 2006, the Investment Law 2020, the Enterprise Law 2020, the Law on Enterprise Income Tax 2008, the Law on Intellectual Property 2005, the Law on Technology Transfer 2017 and relevant laws;

+ To ensure the truthfulness of research and development as well as manufacture results;

+ By March 15 annually at the latest, information technology industry enterprises shall send reports on the previous year's situation of specialized information technology industry activities to provincial municipal Post andTelematics Services of their respective localities. The Ministry of Post andTelematics shall specify the contents of those reports.

(Article 15 of Decree 71/2007/ND-CP)

2. Rights and responsibilities of organizations and individuals engaged in software industry activities in Vietnam

Organizationsand individuals engaged in software industry activities shall comply with the provisions of Section 1, the relevant provisions of law and the following provisions:

- Organizations and individuals may not commitacts in order to obtain source codes of softwares, software design structures or basic contents of softwares and software documents without permission of software owners.

- Individuals who are hired to research and develop softwares or any individuals who have access to softwares may not copy and use for any purposes those softwares, software documents, software structures, software source codes or their basic contents without permission ofinvestors of research and development of those softwares.

(Article 16 of Decree 71/2007/ND-CP)

3. Rights and responsibilities of organizations and individuals engaged in content industry activities in Vietnam

- Organizations and individuals engaged in content industry activities shall comply with the provisions of Clauses 2 and 3 of Article 9, Clause 2 of Article 12 of the Law on Information Technology 2006 and Article 15 of Decree 71/2007/ND-CP.

- Organizations and individuals engaged in the manufacture or supply of complete digital information content packages shall display on digital information content products or their packages the following contents:

+ The date of manufacture;

+ The name of the manufacturer

+ The serial number of the business registration certificate or code granted by acompetent state agency;

+ The trademark of the product;

+ Conditions forthe use of digital information content products;

+ Other necessary conditions.

- Within five years from the date of manufacture of digital information content products, organizations and individuals may not infringe up on the interests of rnanufacturers of those products by copying, reproducing or transmitting the whole or a part of contents of the products for profit-making purposes.

- Digital information content products protected under the intellectual property law shall be governed by the intellectual property law.

(Article 17 of Decree 71/2007/ND-CP)

4. Rights and responsibilities of organizations and individuals engaged in research and development or manufacture of key information technology products

- Organizations and individuals engaged in the research and development or manufacture of key information technology products are entitled to priority investment from the State and preferences prescribed by law.

- Organizations and individuals engaged in the state-funded research and development or manufacture of key information technology products shall remit into the state budget part of their revenues from the sale of those products. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Post and Telematics in, specifying the remittance levels.

- Organizations and individuals may not assign, sell or transfer technologies or solutions for the development of key information technology products invested by the State without consent of agencies receiving, processing and handling dossiers of registration for participation in the research and developmentor manufacture of those products as defined in Article 14 of this Decree.

- Organizations and individuals engaged in the research and development or manufacture of key information technology products are subjectto inspection andcontrol and shall abide by the reporting regime prescribed by the Ministry of Post and Telematics regarding investment projects on research and development, trial manufacture and trade promotion of key information technology products.

(Article 18 of Decree 71/2007/ND-CP)

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