Consulting on Copyright Registration Procedures in Ho Chi Minh City

The copyright registration procedure in Ho Chi Minh City is an administrative procedure to protect the rights of authors who create intellectual products. Registering for copyright affirms intellectual property rights and prevents unauthorized copying and infringement. Entities undertaking the registration procedure need to thoroughly understand the process and carefully prepare the necessary documents and papers. In the following article by Long Phan, we will provide detailed information and step-by-step guidance on how to carry out the copyright protection registration procedure.

Copyright registration procedures in Ho Chi Minh City

What is Copyright Registration?

The term copyright (also known as author’s rights) refers to the rights of organizations and individuals over works they have created or own.

Copyright does not arise from a decision to grant protection by a competent state agency through a registration procedure. Copyright arises from the moment the work is created and fixed in a tangible form, regardless of content, quality, form, medium, language, whether published or unpublished, registered or unregistered.

However, to best protect their legitimate interests and to have a basis for resolving copyright disputes if they arise, organizations and individuals can carry out copyright registration procedures with a competent state agency.

Currently, the official definition of copyright registration can be understood as the act of the author, copyright owner, or related rights owner submitting a dossier to a competent state agency to record information about the author, the work, the copyright owner, and the related rights owner.

This is based on the provisions of Clause 2, Article 4; Clause 1, Article 6; and Clause 1, Article 49 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, 2022).

Conditions for Copyright Registration

The conditions for copyright registration are stipulated in Article 13 of the Law on Intellectual Property 2005:

• The person who directly creates the work and is also the owner of the copyright;
• A Vietnamese or foreign organization or individual whose work is first published in Vietnam and has not been published in any other country;
• A Vietnamese or foreign organization or individual whose work is published simultaneously in Vietnam within 30 days from the date it was first published in another country;
• A foreign organization or individual whose work is protected in Vietnam under international treaties on copyright to which Vietnam is a member.

Therefore, if the above conditions are met, individuals or organizations will be allowed to register their copyright.

Copyright registration procedures in Ho Chi Minh City

Document Components

To carry out the Copyright registration procedures in Ho Chi Minh City, customers need to prepare the documents and materials stipulated in Clause 2, Article 50 of the Law on Intellectual Property 2005 (amended and supplemented in 2009) as follows:

• A declaration for registration of copyright or related rights.
• Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration.
• Power of attorney, if the applicant for copyright registration or related rights registration is an authorized person.
• Documents proving ownership rights, such as those created by oneself, assigned creative tasks, concluded creative contracts, inherited, or transferred rights.
• Written consent of co-authors, if the work has co-authors.
• Written consent of co-owners, if the copyright or related rights are jointly owned.

Procedures

Based on Articles 38 and Articles 39 of Decree 17/2023/ND-CP dated April 26, 2023, detailing the implementation of certain articles and measures for the enforcement of the Intellectual Property Law on copyright and related rights; Articles 50 and Articles 52 of the Law on Intellectual Property 2005 (amended in 2009, 2019, 2022) stipulate the procedures for copyright and related rights registration as follows:

1. Step 1: Prepare the copyright registration dossier
2. Step 2: Submit the dossier
   • Authors, copyright owners, or related rights owners directly or authorize other organizations or individuals to submit one set of documents for copyright or related rights registration at the Copyright Office representative office in Ho Chi Minh City, address: 170 Nguyen Dinh Chieu, District 3, Ho Chi Minh City, or through the online public service portal for state management agencies on copyright and related rights.
3. Step 3: Issue the certificate
   • The Copyright Office will appraise and issue the Certificate of Copyright Registration or Certificate of Related Rights Registration to the applicant within 15 working days from the date of receipt of a valid application.
   • In case the application is refused, the Copyright Office will notify in writing and state the reasons to the applicant.

Procedure for copyright registration

Registration Fees

According to Article 4 of Circular 211/2016/TT-BTC dated November 10, 2016, issued by the Ministry of Finance, the registration fees for each type of work are specified. The fees range from 100,000 VND to 600,000 VND depending on the type of work for which copyright is being registered. The specific fees collected by the state for each type of work are as follows:

• For written works: literary works, scientific works, textbooks, teaching materials, speeches, and other speeches, journalistic works, musical works, and photographic works, the fee is 100,000 VND per registration file.
• For architectural works; plans, diagrams, maps, and drawings related to terrain or scientific projects, the fee is 300,000 VND per registration file.
• For fine art works and applied art works, the fee is 400,000 VND per registration file.
• For cinematographic works and stage works recorded on tapes or discs, the fee is 500,000 VND per registration file.
• For computer programs, databases, or other computer-running programs, the fee is 600,000 VND per registration file.

Completion Time

After submitting the application, according to Article 52 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, and 2022), the Copyright Office will issue the Copyright Registration Certificate or Related Rights Registration Certificate within 15 working days from the date of receiving a valid application.

In the case of a refusal to issue the Copyright Registration Certificate or Related Rights Registration Certificate, the state agency responsible for copyright and related rights must notify the applicant in writing and specify the reasons for the refusal.

Protection Duration When Issuing a Copyright Registration Certificate

The duration of copyright protection is the period during which the author can receive legal rights and benefits from the exploitation of the work. According to Article 27, paragraphs 2 and 3 of the Law on Intellectual Property 2005 (amended and supplemented in 2009, 2019, and 2022), the protection duration when a copyright registration certificate is issued is as follows:

• Cinematographic works, photographic works, applied art works, and anonymous works are protected for seventy-five years from the date the work is first published.
• For cinematographic works, photographic works, and applied art works not published within twenty-five years from the date the work is fixed, the protection period is one hundred years from the date the work is fixed.
• For anonymous works and works not included in the categories above, the protection duration is the lifetime of the author plus fifty years after the author’s death; if the work has co-authors, the protection ends fifty years after the death of the last surviving co-author.
• The protection period ends at 24:00 on December 31 of the year in which the protection period ends.

Benefits of Using Copyright Registration Consulting Services

Utilizing copyright registration consulting services offers numerous benefits for individuals or businesses. Here are some of the advantages provided by these services:

• Long Phan’s consulting experts will review the documents and advise on the conditions, required documents, and procedures for copyright registration at the Copyright Office, ensuring compliance with legal regulations.
• Using these services will help clients save effort and costs related to the copyright registration process, making the registration process quicker and more efficient.
• Consulting experts will assist in minimizing risks and ensuring that the registration process runs smoothly, avoiding potential future issues.

Consulting on copyright registration procedures

Consulting Services Copyright registration procedures in Ho Chi Minh City

To help clients complete the Copyright registration procedures in Ho Chi Minh City quickly and efficiently, Long Phan offers consulting services for Copyright registration procedures in Ho Chi Minh City, including the following services:

• Advising on the conditions for copyright registration.
• Consulting on the necessary documents and Copyright registration procedures in Ho Chi Minh City.
• Assisting in drafting documents related to the copyright registration process.
• Supporting clients in completing the copyright registration procedures at the relevant government agency.

The article above provides a detailed guide on the Copyright registration procedures in Ho Chi Minh City. The process and required documents can be quite complex. Therefore, those submitting copyright registration applications must be well-versed in the relevant regulations. If you have any questions or need business consulting services, please contact our Hotline: 0906.735.386 for assistance.