Procedures for Copyright Registration

Copyright registration is a critical step in protecting creative works and establishing legitimate ownership of literary, artistic, scientific works, or software. In a fast-evolving knowledge and technology economy, securing author rights is not just about legal protection—it’s also a tool for brand positioning, technology transfer, and effective commercial exploitation.

While Vietnam’s laws state that copyright arises automatically upon creation, registering your work provides substantial legal advantages—especially in disputes. This article offers a comprehensive overview of the copyright registration process in Vietnam, including legal foundations, eligibility, documentation requirements, and practical considerations.

Legal Framework

The copyright registration procedure is governed by the following legal documents:

• The Intellectual Property Law (2005, amended in 2009, 2019, and most recently in 2022)

• Decree No. 17/2023/ND-CP guiding implementation of copyright provisions

• Circular No. 08/2023/TT-BVHTTDL detailing administrative procedures and application forms

• Circular No. 211/2016/TT-BTC on applicable fees

What Is Copyright?

According to Article 4 of the Intellectual Property Law, copyright is the right of individuals or organizations to protect their original works. Protected categories include:

• Literary, artistic, and scientific works

• Computer software and databases

• Drawings, architectural designs, technical maps and diagrams

• Photography, cinematographic, and theatrical works

• Digitized content such as e-learning materials, software interfaces, and tech applications

Note: Copyright does not protect ideas, methods, or principles unless expressed in a specific tangible form.

Types of Author Rights

Moral Rights

These are personal and non-transferable rights tied to the creator, including:

• The right to name the work

• The right to be identified as the author

• The right to publish or authorize others to publish

• The right to protect the integrity of the work

Only the publication right may be transferred or delegated under certain conditions.

Economic Rights

These rights allow the author or owner to profit from their work:

• Reproduction, distribution, public display, and communication

• Translation, adaptation, or modification

• Renting original or copied versions

Economic rights can be assigned or licensed through a legal contract to individuals or organizations.

Why Register Copyright?

Though not mandatory, copyright registration in Vietnam offers substantial legal and commercial advantages:

• Serves as legal proof of ownership

• Simplifies dispute resolution and enforcement against infringement

• Supports commercialization, transfer, and licensing

• Enhances credibility and transparency of products and intellectual property

In the digital era, where unauthorized copying and distribution are rampant, a copyright certificate becomes a crucial legal safeguard.

Conditions for Copyright Protection

To be eligible for registration, a work must meet the following criteria:

• Created by a human through intellectual effort

• Expressed in a definite physical form (text, file, audio, images, etc.)

• Not violate public morals or the rights of others

• Not previously invalidated due to copyright infringement

Works can be created by individuals, groups, or organizations, but the applicant must have legal rights to file.

Required Documents for Copyright Registration

As per Article 37 of Decree 17/2023/ND-CP, a registration dossier includes:

• Completed copyright registration application form

• Two copies of the work (hard copy, digital file, CD, etc.)

• Statement affirming authorship or legal ownership

• Copy of ID or business license

• Power of attorney (if filed through a representative)

• Supporting documents proving legal filing rights (e.g., inheritance, assignment)

The work should be clearly formatted, legible, and free of errors or technical issues during submission.

Where and How to File

The Copyright Office of Vietnam under the Ministry of Culture, Sports, and Tourism is responsible for processing applications.

You can file:

• In person at the headquarters or regional offices in Ho Chi Minh City and Da Nang

• Online through the National Public Service Portal: https://dvctt.cov.gov.vn

• By mail with all required documents and fees enclosed

Processing Time and Outcome

The Copyright Office will review and verify your documents. If any documents are missing or invalid, you will be asked to revise.

• Processing time: 15 business days from receipt of complete documents

• If approved: a Copyright Certificate is issued

• If rejected: an official notice with reasons is provided

Fees and Protection Duration

• Registration fees range from VND 100,000 to 600,000 depending on the work type (per Circular 211/2016/TT-BTC)

Duration of protection:

• Moral rights: perpetual

• Economic rights: lifetime of the author plus 50 years after death

• For works published by organizations: 75 years from first publication year

Legal Notes and Considerations

• For joint works or co-ownership, written agreements are strongly recommended

• In corporate environments, clearly distinguish the rights between employees and the employer

• A copyright certificate does not offer absolute protection if the work is proven to infringe on others’ rights

Contact Us:

For free legal consultation, contact BKC Law at:

Phone: 0901 3333 41

Email: info@bkclaw.vn

District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City

Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City

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