Copyright registration

Copyright registration and related rights registration means the author, copyright owner, or related rights owner submits documents to the competent state agency to record information about the author, work, copyright owner, and related rights owner. The implementation of registration procedures is to ensure the legal rights and interests of the owner and creator of the work against illegal use of the work such as copying, exploiting, and using without consent.

Currently, many enterprises prioritize trademark image copyright registration in the form of works while waiting for the National Office of Intellectual Property to review the trademark registration dossier to recognize the enterprise’s capacity with trademark image. The scope of subjects eligible for copyright registration is quite wide, including cases of registering copyright to works, copyright to lectures, speeches, cinematographic works, architecture, computer programs, etc.

Procedures of Copyright Registration in Vietnam

Process Detailled description
Step 1 Prepare documents

At this step, you need to determine the type of work expected to be registered for copyright so that you understand what documents will need to be prepared. For example, applied artworks should be printed on A4 paper; for music works, you need a music and lyrics sheet or recording; for computer programs, you need a CD storing source code, interface in addition to accompanying documents, etc.

Step 2 Apply for copyright registration

Submit a full set of documents according to the list above to the Copyright Office in person, by post, or online. In case of submit it in person, you can submit it at the office in HCM City or Da Nang City.

The prescribed processing time is 15 working dates. However, this time may be longer.

Step 3 Receive results

At the end of the application processing time, the Copyright Office will issue you a Copyright Registration Certificate or a notice of refusal of the copyright registration clearly stating the reason for the refusal.

LIST OF DOCUMENTS

  • Declaration for copyright registration or related rights registration (as sample) signed or fingerprinted by the author, copyright owner, or related right owner unless there is no physical ability to sign or fingerprint;
  • 02 copies of work (including electronic ones) or 02 copies of fixed versions of performances, audio recordings, video recordings, and broadcasts;
  • Power of attorney if the applicant is a person authorized by the author, copyright owner, or related rights owner as prescribed in Clause 6 Article 38 of this Decree;
  • Documents proving the right owner: 01 copy of Citizen Identity Card or Passport; Documents proving the legal status of the organization: 01 copy of the Certificate of Business Registration or the Establishment License or the Establishment Decision; Documents proving that the right owner due to the assignment of creative tasks is the decision to assign tasks or confirmation of assigning individuals of that organ or organization the tasks; Documents proving the right owner due to entering into a creative contract are the contract, rules, contest organizing rules, and some other documents depending on each case.
  • Written consent of co-authors, if the work has co-authors;
  • Written consent of the co-owners, if the copyright and related rights are jointly owned;
  • In case the work uses the personal image of another person, it must have the written consent of that person in accordance with the law.
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COMMITMENT TO SERVICES

On time

All that we do will be planned specifically in terms of time and content. You can control what we do, and the time to completion, and in all cases, we help you maintain the enterprise’s compliance with the deadlines with competent authorities and employees.

Exactly

We commit to the accuracy of the contents of consultation, established documents, and services we provide to customers. We aim to provide you with a safe and effective legal solution for your business operations.

Security

We establish a confidentiality commitment with you, so information about the enterprise, human resources, finance, etc., and other contents related to enterprises and investors will only be disclosed with your consent or in accordance with the laws of Vietnam.

SERVICE PERFORMANCE PROCESS

Assign

CDLAF assigns designated personnel responsible for ensuring information security, ensuring that only assigned individuals have the right to access information and handle client communication.

Collect information and prepare the service contents

Assigned personnel are responsible for collecting clients information, reviewing regulations and preparing service content.

Control the quality

The Board of Lawyers and Counsels reviews the service content prepared by the assigned personnel before it is sent to clients for their review.

Clients’ approval

Clients review and approve the service content prepared by CDLAF.  When requested, meetings are held to explain the prepared content.

Completion

Personnel responsible for service completion directly implement it at the competent authority (if required). They also monitor the progress, report the results, and hand them over to clients.

After-service support

Guide clients to perform necessary tasks related to the delivered results and provide updates on changes in legal regulations.

People

Contact Us

Are you confused? If you want to discuss your problem more specifically, let us help you, please fill in the information in the table below and send it to us. A free 45-minute consultation email or meeting will be arranged to help you better understand your problem solving problem.

FAQ QUESTIONS: Copyright registration

How long is the term of copyright protection?

According to the provisions of the Law on Intellectual Property, moral rights are indefinitely protected.

Moral rights to publish works or allow others to publish works, property rights are protected within the following term:

  • Cinematographic works, photographic works, applied arts, and anonymous works have a term of protection of seventy-five years from the date of first publication;
  • For cinematography works, photographic works or applied art that have not been published within twenty-five years from the date the work was fixed, the term of protection is one hundred years from the date the work was fixed.
Who is the owner of the copyright?

The copyright owner is the organization or individual who holds one or some or all of property rights.

Is it allowed to transfer copyright and related rights?

Legal regulations on Intellectual Property allow the copyright and related rights transfer as follows: Copyright and related rights transfer is the ownership rights transfer by the owner of copyright or related rights to other organizations, individuals in accordance with the contract or provisions of relevant laws.

Which object is not covered by copyright protection?

The following objects are not covered by copyright protection:

  • Current news which only provide information
  • Legal documents, administrative documents, other documents in the judicial field and official translations of those documents.
  • Processes, systems, methods of operation, concepts, principles, data.
What are property rights? What rights are included in property rights?

Property rights include:

  • Create derivative works;
  •  Publicly perform their works directly or indirectly via audio and video recordings or any technical devices at a location that is accessible to the public but the public cannot freely select the time and each part of the works;
  • Directly or indirectly copy the entire or part of the work using any means or forms;
  • Distribute or import for distributing to the public by sale, or transfer of the other ownership rights for the original or copies of their works in tangible forms;
  • Broadcast or communicate to the public their works by wireless or wired devices, electronic information networks or other technical means, including the provision of their works to the public in a manner that it can be accessed by the public at their chosen time and location;
  • Lease the original or copies of cinematographic works and computer programs, unless these computer programs are not the main object to lease.

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