Procedure for Removing the Name of Copyright Consultancy and Service Organizations

The removal of the Name of Copyright Consultancy and Service Organizations is an administrative procedure performed when an entity terminates its operations or no longer meets the business conditions prescribed by law. Understanding the legal sequence helps organizations fulfill their notification obligations promptly and avoid violations. This article summarizes the current regulations and provides specific instructions.

Cases requiring the removal of the name of an organization providing copyright and related rights consulting and services.

Based on Point a, Clause 4, Article 55 of Decree 17/2023/ND-CP, a consultancy and service organization for copyright and related rights requests removal or has its name removed by the competent authority in the following cases:

1. The organization voluntarily abandons or terminates the business of consultancy and services for copyright and related rights.
2. The organization no longer fully meets the business conditions for consultancy and services for copyright and related rights.

>>> See more: The latest copyright protection conditions today

The competent authority shall remove the name of the organization providing consulting and services related to copyright and related rights.

According to Point a, Clause 4, Article 55 of Decree 17/2023/ND-CP, the authority competent to remove the name is the specialized state management agency in charge of copyright and related rights of the Ministry of Culture, Sports and Tourism. Specifically, it is the Copyright Office of Vietnam (COV).

Required Dossier to carry out the procedure for removing the name of an organization providing copyright and related rights consulting and services.

Based on Point d, Clause 4, Article 55 of Decree 17/2023/ND-CP, the dossier includes one of the two following documents:

1. Declaration requesting removal: Use Form No. 08 of Appendix III issued with Decree No. 17/2023/ND-CP, clearly stating the reason for removal.
2. OR: Result of handling recommendations/complaints: Results of handling recommendations, reflections, complaints, denunciations, or decisions of competent state agencies related to the request for removal.
   • Note: Organizations and individuals have the right to request the Copyright Office of Vietnam to remove the name of a consultancy/service organization if there are sufficient grounds to affirm that the organization no longer qualifies for business conditions.

Procedure for removing the name of an organization providing copyright and related rights consulting and services.

According to Point e, Clause 4, Article 55 of Decree 17/2023/ND-CP:

Step 1: Submission The organization submits the dossier directly or via postal service to:

• The Copyright Office of Vietnam in Hanoi.
• Or the Dossier Reception Points of the Copyright Office of Vietnam in Ho Chi Minh City or Da Nang City.

Step 2: Processing and Result Within 30 days from the date of receipt of a valid dossier, the Copyright Office of Vietnam shall review the dossier and issue a written response to the organization regarding the removal of its name.

>>> See more: Current regulations on copyright subjects and content

Long Phan Consulting provides services for removing the name of a consulting organization, copyright services, and related rights services.

Long Phan Consulting Company provides comprehensive support services to ensure the procedure is performed correctly and efficiently:

• Consulting: Assessing the dossier and grounds for removal of the name.
• Drafting: Assisting in preparing the dossier according to regulations.
• Representation: Submitting the dossier to the competent state authority on behalf of the Client.
• Monitoring: Tracking the processing progress and working directly with agencies to explain the dossier.
• Completion: Handling requests for additional information (if any).

Related questions

Below, Long Phan Consulting provides some frequently asked questions related to the procedure for removing the name of a consulting organization or service provider specializing in copyright and related rights. We invite interested clients to refer to this information:

Can a third party request the removal of an organization’s name?

Yes. Other organizations and individuals have the right to request the state management agency to remove the name of a service organization if there are sufficient grounds to affirm that the organization no longer meets the business conditions. (Legal Basis: Point b, Clause 4, Article 55, Decree 17/2023/ND-CP).

Where is the result published?

After the decision to remove the name is made, this information will be publicly announced by the specialized agency on the website regarding copyright and related rights for rights holders and the public to know. (Legal Basis: Point a, Clause 4, Article 55, Decree 17/2023/ND-CP).

Which condition violation leads to removal?

A common violation leading to removal is not meeting the regulations regarding the head of the organization or specialists working at the organization not having a practice certificate for consultancy and services on copyright and related rights. (Legal Basis: Point a, Clause 4, Article 55, Decree 17/2023/ND-CP and Clause 1, Article 57, Intellectual Property Law 2005).

Is it mandatory to file for removal upon voluntary termination?

Yes. Organizations have an obligation to file a procedure requesting removal from the National Register when deciding to abandon or terminate this service business. (Legal Basis: Point c, Clause 4, Article 55, Decree 17/2023/ND-CP).

Conclusion

Completing the Procedure for Removing the Name of Copyright Consultancy and Service Organizations correctly is a necessary step to ensure legal transparency for the enterprise. For in-depth support and to save processing time, please contact Long Phan Consulting Company via Hotline 1900636389 for timely and professional legal assistance.