What are the cases of using personal images that do not need consent of the image’s owner in Vietnam?

What are the cases of using personal images that do not need consent of the image’s owner in Vietnam? (Internet image)

Regarding this issue, LawNet answers as follows:

1. What are the rights of an individual with respect to his/her image in Vietnam? 

According to Clause 1, Article 32 of the Civil Code 2015, each individual has rights with respect to his/her own image.

- The use of an image of an individual must have his/her consent.

- When an image of an individual is used for commercial purposes, that person is eligible for a remuneration, unless otherwise agreed.

2. What are the cases of using personal images that do not need consent of the image’s owner in Vietnam?

- The use of image for any of the following purposes needs not the consent of the image’s owner or his/her legal representative:

+ For national and public benefits;

+ For public activities, including conventions, seminars, sports activities, art shows and other public activities that do not infringe the honor, dignity or prestige of the image’s owner.

If the use of an image violates the regulation prescribed in this Article, the image’s owner has the right to request a court to issue a decision that compel the violator or relevant entities to revoke, destroy or terminate the use of the image, compensate for damage and adopt other measures as prescribed in law.

(Clause 2, Article 32 of the Civil Code 2015)

3. What are the penalties for using images to impersonate others in Vietnam?

According to Article 99 of Decree 15/2020/ND-CP, regulations on penalties for illegally using personal images of others are as follows:

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for providing insufficient or inaccurate information on name of the organization managing the website, name of its supervisory authority (if any), contact address, email address, phone number and name of the person in charge of contents of the website's homepage.

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for the commission of one of the following violations:

+ Providing or sharing paths/links to other websites with contents in violation of laws;

+ Disseminating information on or inciting violence, pornography, debauchery, crimes, social evils, superstitions, or sabotage of national good traditions and customs.

- A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the commission of one of the following violations:

+ Providing false information with the aims of distorting, slandering or damaging the prestige, honor and dignity of other organizations or individuals;

+ Posting, delivering or using images of Vietnam’s map which does not indicate the entire and accurate national sovereignty;

+ Advertising, disseminating information on or trading in prohibited goods/services;

+ Forging websites of other organizations or individuals;

+ Posting/delivering journalistic, literature and arts works and other publications without the consent from holders of intellectual property rights over such works, or which are not allowed to be distributed or subject to a distribution prohibition or confiscation decision.

Note: The above fine is for organizations. In case an individual commits a violation like that of an organization, the fine is equal to 1/2 of the fine for an organization.

Thus, according to the above regulations, organizations that use another person's image to fake can be fined up to 30,000,000 VND. Individuals who violate can be fined up to 15,000,000 VND.

Nguyen Ngoc Que Anh

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