Procedures for Copyright Registration

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Copyright registration is a crucial step to protect creative achievements and solidify lawful ownership rights over literary, artistic, scientific works, or software. In the context of a robustly developing knowledge economy and technology sector, establishing copyright is not merely a need for legal protection but also a tool for brand positioning, technology transfer, and effective commercial exploitation.

Although Vietnamese law stipulates that copyright arises automatically, registration still holds special significance in establishing solid evidence in the event of a dispute. The following article provides a comprehensive analysis of the procedures, conditions, and legal considerations in the copyright registration process in Vietnam.

Legal Basis

The registration of copyright is regulated by the following legal documents:

The Law on Intellectual Property 2005, amended and supplemented in 2009, 2019, and most recently in 2022 (effective from January 1, 2023)
Decree No. 17/2023/ND-CP detailing the implementation of a number of articles on copyright and related rights.
Circular No. 08/2023/TT-BVHTTDL guiding application forms and administrative procedures.
Circular No. 211/2016/TT-BTC regulating the rates, collection, and use of fees in the field of copyright.

What is Copyright?

According to Article 4 of the Intellectual Property Law, copyright is the right of an organization or individual to a work they have created or own. Protected works include:

Literary, artistic, and scientific works.
Computer programs/software and databases.
Drawings, architectural works, maps, and technical diagrams.
Photographic, cinematographic, and theatrical works.
Digitized works such as electronic lectures, technological applications, software interfaces, etc.

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

Types of Rights within Copyright

Moral Rights (Quyền nhân thân)

These are rights inherently attached to the individual creator, including:

The right to name the work.
The right to attach their real name or pseudonym to the work.
The right to publish the work or authorize others to publish it.
The right to protect the integrity of the work.

These rights are generally non-transferable, except for the right of publication, which can be authorized or transferred in certain cases.

Economic Rights (Quyền tài sản)

These are the rights to derive financial benefits from the work, including:

The right to copy, distribute, perform, and communicate the work to the public.
The right to translate, adapt, and arrange the work.
The right to rent the original or copies of the work.

Economic rights can be transferred or licensed to other organizations or individuals through lawful contracts.

Reasons to Register for Copyright

Although not mandatory, copyright registration brings numerous legal and economic benefits:

Creates definitive evidence establishing lawful ownership rights.
Facilitates easier resolution in the event of disputes or infringement.
Supports the commercialization, transfer, and licensing of the work.
Enhances the transparency and credibility of the work or product.

Especially in the digital age, where unauthorized copying and dissemination occur rapidly, a Copyright Registration Certificate acts as an effective “legal shield”.

Conditions for Registration

To be registered for protection, a work must meet the following conditions:

Created by human intellectual labor.
Fixed in a specific material form (written document, electronic file, image, audio recording, etc.).
Does not violate fine traditions and customs, and does not infringe upon the rights of others.
Has never been declared invalid due to infringing the rights of another author.

A work can be created by an individual, a group, or an organization—but the right to file the registration application must belong to the lawful right holder.

Copyright Registration Dossier

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

A copyright registration declaration form (standard template).
02 copies of the work being registered (paper copy, electronic file, CD, etc.).
A written commitment stating that the applicant is the author or lawful owner.
A copy of personal identification (ID/Passport) or Business Registration Certificate.
A Power of Attorney (if filing through a representative).
Documents proving the right to file in cases of inheritance or transfer.

The work should be clearly formatted, legible, and free of technical errors or content loss when copied.

Submission Location and Methods

The Copyright Office of Vietnam (COV), under the Ministry of Culture, Sports and Tourism, is the agency responsible for receiving and processing dossiers.

Submission methods include:

Direct submission: At the COV headquarters or its representative offices in Ho Chi Minh City and Da Nang.
Online submission: Via the National Public Service Portal at https://dvctt.cov.gov.vn.
Postal submission: Sent via mail along with the required fees and documents

Processing Procedure and Timeframe

The COV receives and checks the validity of the dossier. If supplements are needed, a written request for amendment will be issued.
Processing time: 15 working days from the date of receiving a complete and valid dossier.
If accepted: A Copyright Registration Certificate is issued.
If refused: A written notice stating the specific reasons for refusal is provided.

Fees and Term of Protection

Fees: Range from 100,000 to 600,000 VND depending on the type of work (according to Circular 211/2016/TT-BTC).
Term of Protection:
- Moral rights: Protected indefinitely.
- Economic rights: Protected for the life of the author plus 50 years after their death.
- If the work is first published by an organization: Protected for 75 years from the year of first publication.

Important Legal Notes

If there are multiple co-authors or co-owners, there should be a clear written agreement between the parties.
In a corporate environment, it is necessary to clearly distinguish between the rights of the employee and the organization regarding copyright registration.
A Copyright Registration Certificate does not guarantee absolute protection if the work is later sued for copying or plagiarism (it serves as prima facie evidence, which can be challenged).

Contact Us

Phone: 0901 3333 41
Email: info@bkclaw.vn
District 1 Office: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, Sai Gon Ward, Ho Chi Minh City.
Binh Tan Office: 41 Ten Lua Street, An Lac Ward, Ho Chi Minh City.