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Copyright registration dossier in Vietnam. After completing the copyright registration process, the author or the copyright owner will be issued a copyright registration certificate. So why is it necessary to register copyright, and what is the procedure for copyright registration?
What is a copyright registration certificate?
A copyright registration certificate is an official document issued by a competent state authority to an author or copyright owner, recording information about the author, the work, and the copyright owner.
The certificate includes the following details: the name of the work, the type of work, the name, address, nationality, and identification number of the author or copyright owner, along with the registration number and the date the certificate was issued.
Why is copyright registration necessary?
Under Vietnamese law, copyright arises automatically from the moment a work is created and expressed in a tangible form. Therefore, copyright is not dependent on registration with a state authority. The act of registration is not the basis for the creation of copyright.
However, in practice, when disputes arise, it can be difficult for an author or copyright owner to prove the date of creation or their copyright ownership of the work. Thus, registering copyright with a competent state authority helps to officially record and affirm the copyright over a work. Once an organization or individual has been granted a copyright registration certificate, they are not obligated to prove their copyright in case of a dispute, unless contrary evidence is presented.
Conditions for copyright registration in Vietnam
The condition for copyright registration is that the registrant must be an entity with the legal right to register copyright. According to Vietnam’s Intellectual Property Law, the entities eligible for copyright registration include:
– Individuals who directly create the work: The author of a work holds the natural right to register the copyright for their creation. This applies to individuals who have independently conceived and developed the work in any form, such as literary works, artistic creations, music, software, or other copyrightable expressions. These individuals have the exclusive right to claim copyright over their original creation.
– Organizations or individuals holding copyright ownership: Organizations or individuals who hold copyright ownership in cases where they assign the task of creating the work to the author, enter into a contract with the author for the creation of the work, or acquire the copyright through inheritance or transfer. If an organization or employer assigns an author to create a work as part of their professional duties, the organization typically holds the copyright. For instance, a company may hire an employee to design software or a marketing agency may commission a photographer for an advertising campaign. In these cases, the organization is the copyright owner. When a work is created under a contract between an author and another party, the party commissioning the work can become the copyright owner, provided the contract explicitly assigns ownership to them. This is common in situations such as commissioned artworks, ghostwriting, or contract-based software development. Copyright may be passed on through inheritance or legally transferred from one individual or entity to another. In such cases, the new copyright owner (the inheritor or transferee) is eligible to register the copyright. This can happen when an author bequeaths their copyright to heirs or sells their copyright to a third party.
Copyright registration dossier in Vietnam
The copyright registration dossier in Vietnam includes:
1/ Copyright registration application form (according to the official template).
2/ Copies of personal identification documents (ID card, citizen identification, passport) of the author or copyright owner, if an individual; business registration certificate or establishment decision for the copyright owner, if an organization.
3/ Two copies of the work, with one electronic copy (USB, CD, etc.) to be submitted.
4/ A declaration from the author affirming that the work was created independently and is not copied from others.
5/ Assignment decision for the author group or a commissioned contract.
6/ Documentation proving the right to file the application (if the applicant inherits or acquires copyright from another party).
7/ Statement regarding the author and the copyright owner (if the author is an individual and the legal representative of a company that owns the copyright).
8/ Consent from co-authors (if the work has co-authors).
9/ Consent from co-owners (if the copyright is jointly owned).
10/ Power of attorney (if the application is submitted through a copyright representative organization).
11/ Other relevant documents (if applicable).
Where to register copyright?
The authority responsible for issuing the copyright registration certificate is the Vietnam Copyright Office under the Ministry of Culture, Sports, and Tourism.
Organizations or individuals wishing to register copyright can submit their application directly or by postal mail to one of the following locations of the Vietnam Copyright Office:
- Vietnam Copyright Office: 33 Alley 294/2 Kim Ma, Ba Dinh District, Hanoi.
- Vietnam Copyright Office in Ho Chi Minh City: 170 Nguyen Dinh Chieu, District 3, Ho Chi Minh City.
- Vietnam Copyright Office in Da Nang: 58 Phan Chu Trinh, Hai Chau District, Da Nang.
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