Other questions on copyrights in Vietnam

1. Which international copyright conventions does Vietnam belong to?

KENFOX: Vietnam is currently a member of five international copyright conventions and treaties: the Berne Convention for the Protection of Literary and Artistic Works (the Berne Convention); the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention); the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (Geneva Convention); the Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (Brussels Convention); and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs Agreement). In addition, Vietnam has signed bilateral agreements and memoranda for closer cooperation and strengthening of copyright protection.

2. What obligations are imposed by Vietnam’s membership of international copyright conventions?

KENFOX: By acceding to the above copyright-related international treaties, as a matter of principle, Vietnam is deemed obedient having already transposed its obligations into its national laws.

3. Do Vietnam laws have extraterritorial application to deal with foreign-owned or foreign-operated websites that infringe copyright?

KENFOX: No provisions in the IP Law on extraterritorial application to deal with foreign-owned or foreign-operated websites that infringe copyright are provided. However, at the sub-law level, such extraterritorial application rule on foreign-owned or foreign-operated websites that infringe copyright may be found in article 5(4) of Decree No. 105/2006/ND-CP as amended, stating that an act under consideration shall also be deemed to have been committed in Vietnam if it was committed on the internet and aimed at consumers or people using information in Vietnam.

4. Are architectural works protected by copyright in Vietnam?

KENFOX: Architectural works may be protected in two forms: either a design drawing of a building or a complex of buildings, interior, landscape or in the form of an architectural building per se, according to Decree No. 22/2018/ND-CP which has been in effect since 10 April 2018.

5. Are there compulsory licences in Vietnam? What are they?

KENFOX: Per Article 26 of Vietnam IP Law, compulsory licences, known as non-voluntary licences, are available except for cinematographic works. Whereby it is understood to mean cases when published works may be used without having to seek permission but royalties or remuneration must be paid on the condition that such use does not conflict with a normal exploitation of the work or related rights and does not unreasonably prejudice the legitimate interests of the author; and it must also provide the author’s name and the source and origin of the work.

6. Are licences administered by performing rights societies in Vietnam?

KENFOX: Up to now, most common types of works have been managing and granting licences to use by the collective management of copyright and related rights or also known as collective management organisations (CMOs), such as the Vietnam Literary Copyright Center (VLCC), the Recording Industry Association of Vietnam (RIAV), the Vietnam Center for Protection of Music Copyright (VCPMC), the Vietnam Reproduction Rights Organization (VIETRRO) and the Association for Rights Protection of Music Performing Artists (APPA). The names of each of the collective management bodies basically describe the types of works that each one grants licences to.

7. Does copyright duration in Vietnam depend on when a particular work was created or published?

KENFOX: It depends on both point of creation and publication. For instance, cinematographic works, photographic works, works of applied art and anonymous works have a term of protection of 75 years from the date of first publication; for cinematographic, photographic or applied art works which remain unpublished within 25 years from the date of fixation, the term of protection is 100 years from the date of fixation. For other remaining works, the general rule of protection is the whole life of the author plus 50 years after his or her death and for joint authorship, the term of protection expires in the 50th year after the death of the last surviving co-author.