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Procedures for registration of copyright and related rights

01/12/2021


Authors, copyright holders and related rights holders may directly or authorize other organizations or individuals to submit 01 application for registration of copyright and related rights at the head office of Copyright Office of Vietnam. Resumes can be sent by post.

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SUMMARY OF MAIN CONTENTS

1. The applicant and way to submit the application.

2. Dossier for registration of copyright and related rights include.

3. Time limit for granting copyright registration certificates and related rights registration certificates.

4. Cases of re-issuance, change or invalidation of Certificates.

4.1 Re-issuance or change of Certificate.

4.2 Invalidation of the Certificate.

5. Place of receipt of registration, re-issuance and renewal of Certificates.

1. The applicant and way to submit the application.

  • Authors, copyright holders and related rights holders may directly or authorize other organizations or individuals to submit 01 application for registration of copyright and related rights at the head office of the Copyright Office. Documents can be sent by post.
  • Foreign individuals and legal entities whose works, performances, phonograms, video recordings and broadcasts are protected by copyright and related rights specified in Clause 2, Article 13 and Article 17 of Intellectual property Law  directly or authorize a consultancy organization, providing copyright and related rights services to file an application for registration of copyright and related rights at the Copyright Office.

2. Dossier for registration of copyright and related rights include::

  1. Declaration for registration of copyright and related rights.

Individuals and organizations submit copyright registration dossiers using the copyright registration declaration form; performers, phonogram producer and video producer and broadcasting organizations which registers related rights using the related rights registration declaration form.

The declaration must be made in Vietnamese and signed by the author, copyright holder, related right holder or person authorized to submit the dossier, and full information about the applicant, the author must be recorded, holders or related rights holders; summary of the work, performance, phonogram, video recording or broadcast; the name of the author, the work used as a derivative work if the work is registered as a derivative work; time, place and form of publication; commitment of responsibility for the information stated in the application. (Please carefully read the information instructions after each declaration.)

  1. 02 copies of the work registered for copyright or 02 copies of the fixation registered for related rights.
  2. Power of attorney, if the applicant is an authorized person;
  3. Documents proving the right to file, if the applicant enjoys that right of another person through inheritance, transfer or inheritance;
  4. Written consent of co-authors, if the work has co-authors;
  5. Written consent of the co-owners, if the copyright and related rights are jointly owned.

Documents specified at points c, d, e and f must be made in Vietnamese; if it is done in a foreign language, it must be translated into Vietnamese and notarized/certified. Documents enclosed with dossiers, if they are copies, must be notarized or authenticated.

3.  Time limit for granting copyright registration certificates and related rights registration certificates

  • Within 15 working days from the date of receipt of a valid dossier, Copyright Office of Vietnam (COV) shall be responsible for granting a certificate of copyright registration, a certificate of registration of related rights (hereinafter referred to as the copyright certificate) to the applicant. In case of refusal, the Copyright Office must notify in writing the applicant.

4.1 Re-issuance and change of certificate

  • Authors, copyright holders and related rights holders who wish to apply for a re-grant or change of a Certificate shall submit an application clearly stating the reason and submit 1 dossier as prescribed in Article 50 of the Intellectual Property Law.
  • Copyright Office of Vietnam (COV) shall re-issue the Certificate in case the Certificate is lost; change the Certificate in case of being torn, damaged or change the owner of copyright and related rights;

4.2 Invalidation of certificate

  • In case the certificate holder is not an author, copyright holder, related right holder, or a registered work, phonogram, video recording or broadcast program is not subject to the Copyright Office will cancel the validity of the granted certificates.
  • Organizations and individuals that detect that the grant of a Certificate is contrary to the provisions of this Law may request the Copyright Office to cancel the validity of the Certificate.

5. Receipt place for registration, re-issuance and renewal of Certificates

  • Copyright and related rights registration office, Copyright Office: No. 33 Alley 294/2 Kim Ma, Ba Dinh, Hanoi. Tel: 024.38 234 304.
  • In Ho Chi Minh City: No. 170 Nguyen Dinh Chieu, Ward 6, District 3, City. Ho Chi Minh. Tel: 028.39 308 086
  • In Da Nang: No. 58 Phan Chu Trinh, Hai Chau District, Da Nang City. Tel: 023.63 606 967
  • Here is the content of copyright registration procedure and related rights from Thinh Tri Law Firm. If you have any questions, please contact our hotline 1800 6365.