Copyright Protection
and Registration in Vietnam

• General Information
• Foreign Right Holder
• Copyright Registration

◄ Return to Intellectual Property

General Information

Copyright is a special legal protection for intellectual creations in the fields of literary, arts and science.

The Civil Code of Vietnam provides for a list of copyrightable works including:

• written works;
• lectures, speeches;
• theatrical works and other forms of artistic performance;
• cinematographic and video works;
• radio and television works;
• press works;
• musical works;
• architectural works;
• plastic art works and applied fine art works;
• photographic works;
• scientific works, text books, teaching materials;
• graphics, drawings, sketches and maps related to topography, architecture or scientific projects;
• translated, adapted, rewritten, transformed, compiled, annotated, selected and anthological work;
• computer software; and
• other works prescribed by law.

The copyright protection arises as from the creation of the work in a given form and does not depend on the form, the language used for expression and quality of the work. However, the law refuses protection of works with contents that

• oppose the State and undermine the bloc of national unity;
• propagate violence, war or aggression; induce hostility among nations and peoples of countries; disseminate reactionary ideologies and cultures, voluptuous and depraved lifestyle, criminal acts, social evils, superstition; undermine the fine traditions and customs;
• disclose State or economic secrets; or
• distort history; offend distinguished persons and national heroes; slander or hurt the reputation of organizations, honor and dignity of individuals.

The copyright protection for a work will generally last for the lifetime and another fifty years after the death of the author.

Foreign Right Holder

As Vietnam is yet party to any international copyright convention, copyright of foreign individuals will generally only be protected if the work is

1. created in Vietnam, or
2. first published in Vietnam.

Nationals or residents of the US and Switzerland will be granted copyright protection as described above in accordance to bilateral agreement between Vietnam and these countries.

Registration of copyright

While not compulsory, copyright registration in Vietnam is possible. The most important advantage of a registration is that in case of any dispute or in any administrative or criminal procedures relating to the exploitation or enforcement of the work the owner shall not be obliged to prove his/her ownership.

Requests for registration shall be filed with the Copyright Department within the Ministry of Culture and Information. A Certificate of Registration will be issued by the Copyright Department upon examination.

The following information and documents will be needed for registration:

1. Documents:
   1. A Notarized ◘ Power of Attorney signed by the applicant/s (with full name and function of the signatory in case of legal entity) and duly notarized;
   2. A ◘ Deed/s of Assignment from the author/s to the applicant/s (author’s declaration), or certified document proving the right to apply e. g. certified copy of labor contract, if the applicant is not the author; and
   3. Copy of the work, fixed or represented in a certain media.

2. Information
   1. Full name, address, nationality of applicant(s) and author(s);
   2. Title, kind, nature and two copies of work;
   3. Date on which the work creation was completed, date and place of the first publication of the work;

In general it takes 10 - 15 days from the date of filing to the issuance of the copyright certificate. During this period the application will be examined as to form and eligibility for protection.

The procedures described above may be changed as the Copyright Department is yet to issue regulation detailing procedures of registration and its requirements.