Registration of Copyright, Related Right in Vietnam

(Except Computer Program)

Email: vinh@bross.vn

Generally speaking, all literary and artistic works as definded in the Berne Convention are copyrightable in Vietnam on the condition that they are created and fixed in a certain material form with originality[1]. It is not mandatory for you to apply for certificate of registration of a copyrightable work, recordings, broadcasting programe, or performance but such certificate is deemed as the prima facie evidence of ownership of copyright thereof.

12 types of works eligible for registration

(a) Literary works, scientific works, textbooks, teaching courses and other works expressed in written language or other characters;

(b) Lectures, addresses and other speeches;

(c) Press works;

(d) Musical works;

(e) Stage works;

(f) Cinematographic works and works created by a process analogous to cinematography;

(g) Plastic art works and applied art works;

(h) Photographic works;

(i) Architectural works;

(k) Sketches, plans, maps and drawings related to topography or scientific works;

(l) Folklore and folk art works;

(m) Computer programs and data collections.

Where the owner of copyright subject to registration is also the author (co-authors), required documents comprise:

1. A notarized Power of Attorney in favor of Bross & Partners along with the certified Vietnamese translation thereof. Kindly note that this PoA shall be authenticated by the competent authority or by the notary public in a country where the author is residing or has nationality
2. A certified copy of passport of the authors or co-authors along with the certified Vietnamese translation thereof
3. Other information: pen-name, address, telephone, facsimile number

Where the owner of copyright is an entity or organization, required documents comprise:

1. A notarized Power of Attorney in favor of Bross & Partners along with the certified Vietnamese translation thereof. Kindly note that this PoA shall be authenticated by the competent authority or by the notary public in a country where the owner was established
2. A certified copy of passport of the authors or co-authors along with the certified Vietnamese translation thereof
3. A notarized Deed of Assignment signed by all authors (in case of commissioned work) declaring the transfer of ownership to an organization or company, or a notarized certificate of the work subject to registration is created on the employment relation along with the certified Vietnamese translation thereof- 1 copy (in the form of set)
4. A certified copy of certificate of business registration or organization’s establishment license along with the certified Vietnamese translation thereof;
5. A certified copy of decision issued by the Board of Members or the Board of Directors on assigning the creation duty to the author who is the employee of the company who created the work;
6. Other information: pen-name, address, telephone, facsimile number

Requirements for the Work

1. Three sets of print out of work subject to the application for registration
2. A notarized Declaration made by the author states that he does not infringe any copyright from another during his creation of the work.
3. Other information: the work is already published or not, if published, where and when it is published.

Procedures and time limit for granting a certification

The agency in charge of receiving and granting certificate of copyright registration is the Vietnam Copyright Office (“COV”). COV will not normally examine the work, recordings, broadcasting programe, or performance but it shall only check formality before grant. Where the application is regarded legitimate, a certificate of copyright registration will be issued within 3-4 weeks.

Should you have needs, please contact us at Email: vinh@bross.vn; Mobile: 0903 287 057; WeChat: Vinhbross2603; WhatsApp: +84903287057; Skype: vinh.bross; Zalo: +84903287057.

Bross & Partners, a renowned and qualified Patent, Design, Trademark and Copyright agent of Vietnam, constantly ranked and recommended by the Managing Intellectual Property (MIP), World Trademark Review (WTR), Legal 500 Asia Pacific, AsiaLaw Profiles, Asia IP and Asian Legal Business, is providing clients all over the world with the reliable, affordable contentious and non-contentious IP services including enforcement, anti-counterfeiting,  litigation regarding trademark, trade name, industrial design, patent, copyright and domain name.