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    Procedures for registration of copyright and related rights protection

    Authors, copyright holders and related rights holders may directly or authorize other organizations or individuals to submit dossiers for registration of copyright and related rights at the head office of the Copyright Office. Resumes can be sent by post.

    Foreign individuals and legal entities whose works, performances, phonograms, video recordings and broadcasts are protected by copyright and related rights specified in Clause 2, Article 13 and Article 17 of this Law. intellectual property directly or authorize a consultancy organization, providing copyright and related rights services to file an application for registration of copyright and related rights at the Copyright Office.

    According to Vietnamese copyright law, registration of copyright and related rights is not condition for protection. However, copyright registration certificate is useful to copyright claimant in disputes or suites because it provides evidence of validity of copyright.

    To register your works, performances, phonograms, broadcasting programs, satellite signals carrying encrypted program, you or your representative must file an application for registration of copyright or related rights at the Copyright Office of Vietnam.

    Information and documents needed for the registration include:

    • Details of owner(s) and author(s) (full name, address, nationality);
    • Name and category of the works;
    • Publication date (if the work has been published);
    • 03 original works;
    • Notarized Power of Attorney (if any);
    • Notarized Deed of Assignment if the applicant is not the author.

    An application for registration of copyright and related right may be filed with the Copyright Office of Vietnam (COV) directly or by post.

    The filed application will be then examined within 15 days. The COV’s examiner examines the application whether it complies with the administrative requirements or formalities.

    If the application meets all the formality requirements and fees were paid, the COV will issue to the applicant a certificate for registration of copyright or related rights, record the information related to certificate in the National Register of Copyright and Related Rights and publish the information on the certificate in the Copyright/Related Right Gazette.

    Terms of copyright protection are stipulated by Article 27 of Intellectual Property Law. Accordingly, moral right is protected indefinitely.

    For economic rights and the right to publication of works, terms of protection depend on categories of works and are provided as follows:

    • The copyright lasts for the life of the author plus 50 years after the author dies;
    • For works of joint-authorship, the copyright subsists for 50 years after the last of the joint authors dies;
    • Copyright for cinematographic works, photographic works, dramatic works, applied art works and anonymous works lasts for 50 years from the first publication;
    • Copyright for cinematographic works, dramatic works lasts for 50 years from the first publication or their formulation.

    Related rights

    Terms of related rights protection are stipulated by Article 34 of Intellectual Property Law. Accordingly, the rights of performer, producer of phonograms and broadcasting organization last 50 years from the year of fixation, or publication of the performance, phonogram, or broadcasting programs, or from when satellite signals carrying encrypted program are broadcasted.

    Copyrighted work can be assigned or licensed. A copyright assignment/license must be in writing. Moral rights of the author in a copyrighted work cannot be assigned.

    An assignment contract includes at least the following contents:

    • The full names and addresses of the contracting parties;
    • Identification of all copyrighted works which is assigned;
    • Term of payment including price;
    • Obligations and rights of the contracting parties.

    The content of license contract at least includes:

    • The full names and addresses of the contracting parties;
    • Identification of copyrighted works;
    • Type of license;
    • Scope of license, in particular, the territorial limits and the rights of use;
    • Termination of the contract;
    • Term of payment including price;
    • Obligations and rights of the contracting parties.