Copyright is automatically protected, however, in order to avoid disputes arising later, the state encourages authors to register copyright for their works before making them available to the public. The following is the order and procedure for copyright registration:
- The work has not been published in any other country or published simultaneously in Vietnam within 30 days from the date the work is first published in another country (according to Clause 2, Article 13 of the Intellectual Property Law 2005 amended and supplemented in 2009 and 2022).
- The work must be directly created by the author with his or her own intellectual labor without copying from the work of others (Clause 3, Article 14 of the Law on Intellectual Property 2005 amended and supplemented in 2009).
- Literary, scientific works, textbooks and textbooks.
- Artworks such as music, theater, cinema, photography, applied fine arts.
- Architectural works, maps, diagrams and drawings related to topography, architecture and scientific works.
- Computer programs, data collection.
- Derivative works (in case they do not prejudice the copyright of the original work).
Step 1: Prepare the registration dossier The registration dossier includes:
- A declaration of copyright registration (according to the form of the Ministry of Culture, Sports and Tourism).
- 02 copies of the work.
- Power of attorney (for A Dong IP to submit documents).
- Written consent of the co-author (if there is a co-author).
- Written consent of the co-owners (if the copyright is jointly owned).
- Documents proving the right to submit the dossier.
Step 2: Notarization and authentication
- Documents in the dossier, if they are copies, must be notarized and authenticated in accordance with the originals before being submitted to the competent authority.
- If the document is in a foreign language, it must be translated into Vietnamese and notarized and authenticated.
Step 3: Submit your application
- The dossier shall be submitted to the Copyright Office.
- Submit in person or by post.
Step 4: Pay the fee
Step 5: Receive the dossier and return the result
- After 15 working days, if the dossier is valid, the Copyright Office will issue a copyright registration certificate.
- If the application is invalid, the Department will send a notice to the applicant.
- Moral rights (including the rights to name the work, name on the work, protect the integrity of the work) are protected indefinitely.
- Property rights and some other moral rights:
- 75 years for cinematographic, photography, applied art, and anonymous works since the work was first published.
- 100 years from the time the work is formed, for works of cinematographic, photography or applied fine arts that have not yet been published, within 25 years from the time the work is formed.
- For anonymous works, when information about the author appears, the protection period is the entire life of the author and an additional 50 years from the death of the author. In case a work has a co-author, the term of protection shall terminate in the 50th year after the year in which the last co-author dies.
- The protection term ends at 24:00 on December 31 of the year of termination of the copyright protection term.
Example: A writer wants to protect his or her novel work. He will submit the copyright registration dossier, including a copy of the novel and the registration declaration, at the Copyright Office. After completing the notarization steps and paying the fee, he will receive a copyright registration certificate in 15 working days if the application is valid.
Please contact us:
A DONG IP – TRANSLATION – CONSULTANCY COMPANY
Room F2&F3, No. 2 Phung Khac Khoan Street, Da Kao Ward, District 1, Ho Chi Minh City, Viet Nam
Tel: 84-28 3926 0120 – 39260125
Email: consultant@a-dong.com.vn; info@a-dong.com.vn
Website: a-dong.com.vn
