The DECREE rules on royalty regimes in the field of journalism, publishing _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Bases of the civil code on June 14, 2005;
Pursuant to the law on press, December 28, 1989 and Act amendments and supplements to some articles of the law on press, June 12, 1999;
Pursuant to the law on intellectual property on November 29, 2005 and the law on amendments and supplements to some articles of the law on intellectual property, June 19, 2009;
Pursuant to the law published in 2012;
According to the recommendation of the Minister of information and communications, the Government issued Decree on royalty regimes in the field of journalism, publishing.
Chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on royalties for authors, copyright owners for. the work of the press (including print, newspaper says, quote, an electronic newspaper), published under the provisions of paragraph 4 Article 4 of law publishing; remuneration for participants performing work related to the work of the press, publications, documents, collectors provide information service for the creative works of journalism, publications.
Article 2. The object of this Decree apply apply to the author, the copyright owner, journalist, reporter, Editor, press agencies, publishers and State agencies, organizations, individuals related to the work of the press, publications.
Article 3. Explanation of terms 1. Royalties are sums paid by the party to use the work to the author or copyright owner when the press works, publications (hereinafter referred to as the work) are used.
2. The Fund is the amount of royalties due to the extract works created under the regulations to pay royalties, remuneration and other material benefits.
3. Remuneration is the amount due to the work of paid to the work related to the work under the provisions of this Decree.
4. Physical benefits are benefits that authors, copyright owners are entitled in addition to royalties include: books, newspapers, courtesy tickets publication, international and domestic awards ... Article 4. Regulations on pay royalties, remuneration 1. The level of royalties, the remuneration payable to the author or copyright owner and those who participated in the work related to the work of the press, publications based on the category, the quality of the work, the extent of the influence of the work to the socio-economic level, contribute to the work , the regulations encourage the creation of works in this Decree and the regulations of the press agency use of the work or by contract to use the publication with Publisher. The author's royalty rate not lower the level of remuneration of the participants of the work related to the work of the same genre.
2. The author of the work for children, minorities, launched the investigation; the author is the person in Vietnam written directly in a foreign language, has written directly by the minority, the minority wrote directly in other ethnic minorities; the author of the work is done in difficult conditions, dangerous and other special circumstances enjoy higher royalties to encourage creativity.
3. The work in this kind of creative work, research the higher royalties paid work of translation, adaptation, arranger, adaptations, collections, compiled, annotations, collection and anthology. The author was entitled to royalties under the rules of the use of works when the work is used as the collection, anthology, adaptation, arranger, adaptation, collection and compilation of the new works or translated to another language. As for the original work to be translated into other languages to express on this kind of press or press publications of the same press agency, royalty payments made under the provisions of each press agency.
4. The work was published, popular when used again, author or copyright owner entitled to royalties under the provisions of this Decree and the regulations of use of the work.
5. the internal circulation of works, not business enjoy lower royalties regime works in there respective category of business. The level of royalties due to authors or copyright owners and operators of the work agreement.
6. With regard to the work co-authored, the rate of Division of royalties due the author agreement.
7. The work newspapers have quoted sources of the other press agencies had agreed to share information on regulations on copyright, royalties due to the press agency agreed the decision.
8. press agency quoted royalty funds within the scope of the source has been specified.
Royalty Fund used to pay royalties to the author or copyright owner has the work is used; paying, physical benefits; the organization encourages creative activity, do not use on other purposes.
9. With regard to the work in the categories have not been specified in this Decree, the royalty paid by the party to use the work and the author or owner of copyright through contract agreement package.
10. Slowly for 60 days from the date the work is posted, published, on the use of the work must pay royalties to authors or copyright owners as specified.
The case agency contact, the press has reported at least 3 times to the person entitled to royalties, remuneration but received no reply, the royalties, remuneration which was the move to Fund next year's royalties.
11. Author working under contract with mode press agency use of creative works, works outside the norm of the press agency, be entitled to 100% of the royalties.
12. press agency Who used the work done the work related to the work of the press outside the norm was given 100% compensation, enjoy.
Article 5. The complaint, to denounce the resolution of complaints, accusations against the regime royalties, remuneration in the field of journalism, publication made in accordance with the law on complaints and denunciation.
Chapter II ROYALTIES, REMUNERATION for the WORK PRINT, ELECTRONIC NEWSPAPER article 6. Subjects entitled to royalties, remuneration for the work print, electronic 1. The author or copyright owner get the press agency use.
2. Press Agency leaders, editors and the participants perform the work related to the work of the press.
3. The collection of documents, provide information service for the creative work of the press.
Article 7. Royalties for works of print, electronic 1. Frame the royalties for works of print, e-newspapers are defined as follows: maximum coefficient category Group 1 answers you read 10 2 10 3 10 4 30 5 conclusion Primary Photo Paintings Launched the Sign (a) interview 30 6 composed literature research online Media 30 8 30 7 50 2. The value of a unit of heating system of royalties equal to 10% of the base salary levels apply to public servants and the armed forces (hereinafter referred to as the base salary).
For the free press guarantee agency operating costs, the royalty paid is higher than the average because Of editorial decisions based on quality, categories, the frame coefficient of royalties but does not exceed the maximum multiplier in the frame of royalties.
3. Royalties are calculated as follows: royalty Rate royalty x multiplier = value of a unit of heating system of royalties.
4. what other provisions a) author of music lyrics, captions, comics categories Media from 20-50% of the royalties of that work.
b) author translation from a foreign language, ethnic minority to Vietnamese or vice versa from 40-65% of the royalties of the work of the same categories respectively by the Vietnamese. The level of royalties due to the editor in the decision.
c) authors of works for children, minorities enjoy an additional 10-20% of the royalties of that work to encourage creativity.
d) the author is the Vietnam written directly in a foreign language, has written directly by the minority, the minority wrote directly in other minorities enjoy an additional 30-50% of the royalties of that work to encourage creativity.
DD) the author of the work done in tough conditions, dangerous to enjoy more the maximum royalty rates of work that aims to encourage creativity.
e) for electronic, royalties, compensation by readers of information provided by the editor in the decision, except in the case of other agreements.
g) for the interview, the interviewer and the interviewed are press agencies pay royalties according to the regulation of the press agency.
Article 8. Royalty Fund 1. Royalty Fund of print, electronic newspaper is formed from the following sources: a) the revenues from the operation of the press;
b) revenue from economic activities of press agencies;
c) source of support, funding of organizations and individuals in the country and abroad;
d) resources from the State budget (if any).
2. for press agencies have yet to secure the operational costs, the governing body is responsible for provision of funds for the press agency quoted royalty funds on the basis of the estimation of construction according to the provisions as follows: annual royalty Fund = the total amount of royalties payable for the period reported the magazine, published in the year + royalties increased to encourage creative work + remuneration.
-Total amount of royalties payable for the period newspapers, magazines in a year = total number average royalty system in a newspaper, journal x the value per unit royalty x coefficient of period newspapers, magazines of the year.
-Increased royalties to encourage creative works must not exceed 30% of the total royalties payable for the period newspapers, magazines published during the year.
-Total remuneration must not exceed 50% of the total royalties payable for the period newspapers, magazines published during the year.
3. for the free press guarantee agency operating costs, royalty Fund press agency decided on the basis of the financial balance of the unit.
ROYALTIES, REMUNERATION for the WORK the QUOTE SAYS, quote PICTURE article 9. Subjects entitled to royalties, remuneration for the work report said, Figure 1. The author or copyright owner was newspapers say, newspaper usage.
2. the writer, Director, musician (not counting the music through tape material)-for the newspaper said.
3. the writer, Director, cinematographer, film people, musician (not counting the music through tape material), painter-for report.
4. press agency said leaders and newspapers, broadcasters, editors, stage actress, cinema and the other arts, the program director, who commanded the staging of the music, the lighting designer, Assistant Art Director and sound techniques, professional filming techniques are compensated.
Article 10. Royalties for works that quote says, Figure 1. Royalty framework for the work of the newspaper report, saying the picture was defined as follows: maximum coefficient category Group 1 answers you read 10 2 30 3 Signed the treatise Itself (a) interview the literary composition 30 5 30 4 research, guide science education Located 30 6 talks , making 50 2. The value of a unit of heating system of royalties equal to 10% of the salary base.
3. The author or copyright owner in clause 1 article 9 of this decree entitled to royalties as defined in frame of the royalties.
4. Royalties payable to the author or copyright owner specified in clause 2 article 9 of this Decree as follows: a) for categories 1, 2, 3, 5, 6 in royalties, author or copyright owner entitled to royalties by 20-30% royalty rate of the corresponding category;
b) for category 4 in royalties, author or copyright owner entitled to royalties by 50-150% in the corresponding category;
c) for theatrical works and other performing arts, author or copyright owner entitled to royalties by 50-70% royalty rate under the provisions of the law on royalties for theatrical works and other performing arts, royalties for works , video.
5. Royalties payable to the author or copyright owner specified in paragraph 3 article 9 of this Decree as follows: a) for categories 1, 2, 3, 5, 6 in royalties, author or copyright owner entitled to royalties by 50-100% of the royalties to the respective category;
b) for category 4 in royalties, author or copyright owner entitled to royalties by 100-200% of the corresponding category;
c) for theatrical works and other performances, artistic works, the author or owner of the work affected by the level of royalties royalties in accordance with the respective laws on royalty regimes for theatrical works and other performing arts , royalties for works of cinema, video. The Director General (or Director) tv station is entitled to pay royalties for the author or owner of the work in the higher level but the total royalties and remuneration must not exceed 20% for feature films, television, stage, not exceeding 60% of the documentary film, the science of the total production cost of the work (not including the cost of equipment on tv).
6. other rules a) play works many times on the waves enjoy royalties agreed upon in the contract.
b) for the category of bridges tv, the radio, live radio, live tv program and the other categories not specified in this Decree, according to the nature, scale, General Director (or the Director), television broadcasters determine royalties, remuneration for the authors or copyright holders and those relating implement the program it.
Article 11. Royalty Fund 1. The Fund's report said, the royalty report image is formed from the following sources: a) the revenues from the operation of the press;
b) revenue from economic activities of press agencies;
c) source of support, funding of organizations and individuals in the country and abroad;
d) resources from the State budget (if any).
2. With respect to radio, television stations have yet to secure the operational costs, the governing body is responsible for provision of funds extracting royalty funds on the basis of the estimation of construction as follows: annual royalty Fund = the total royalty payable in the year + to increase royalties, encourage creative work + remuneration.
-The total royalty payable in the year = the average amount of royalties for a radio program, television x total duration of audio, television programs of the year.
-Increased royalties to encourage creative works must not exceed 30% of the total royalties payable in the year.
-Total remuneration must not exceed 70% of the total royalties payable in the year.
3. for radio, tv station-self insure operational costs or operations under the special financing mechanisms, the royalty Fund due to the radio station, tv station decided on the basis of the financial balance of the unit.
Chapter IV ROYALTIES, REMUNERATION for PUBLICATION article 12. Subjects entitled to royalties, remuneration for publication 1. The author, the copyright owners of published works that are agencies and organizations use publications to pay royalties.
2. The collection, proofreaders, who provide work files, text documents, bodies, organizations use publication paying for: a) the works of folk art;
b) documents of State agencies, political organizations, social-political organizations, social organizations, social-professional organization, economic organizations and translation of the text.
3. Editors are organs, organizations use publications compensated according to the level of contributions to the content of the manuscript.
Royalties and remuneration is calculated in the price publications.
Article 13. Frame publications royalties paid royalties: royalties for publications based on the category, the quality, the amount calculated as a percentage (%) in the frame of royalties below: Group category in percentage (%)
I kind of publications: 1 prose 8-17% 2 17% 3-10 Music Books of poetry 12-17% 4 the script stage, cinema 12-17% 5 picture books, picture books 8-12% 6-10% 4 7 comic dictionary, list lookup 12-18% of the 8 Books of political arguments about research, culture social, educational, 12-18% 9 scientific-technical, technological, economic, and scientific works of 10-17% of 10 popular Books of knowledge about politics, culture and society, education, science and technology 8-12% 11 syllabus postgraduate students, University, College, high school, vocational, professional, books of methods for teachers and parents of 8-16% 12 lesson Books , workbooks, books, exercise books for teachers, the goal programme of books (according to the program of the Ministry of education and training) 30-140% of base salary/details as specified by the program of 13 popular reference books according to the textbook program.
2-12% II publications of type adaptation, arranger, adaptations, collections, annotations, collection, anthology of 5-10% of the III publications in the categories of room 1 Room from Vietnamese out of 8-12% foreign 2 foreign language translations to Vietnamese (except for comics) 6-12% 3 translated from a foreign language into another foreign language 12-18% 3 translated from English to Vietnamese the ethnic minorities in Vietnam 12-15% 4 translated from the ethnic minorities, to other minorities in Vietnam 15-18% 5 translated from Chinese or Vietnamese ethnic minority Vietnamese to 12-15% IV tape, disk, CD ROM instead of the book and accompanying book of 10-13% V map 7-23% 2. The Agency, the organization used the publications and authors, copyright owners based on the actual situation, the need to use the agreement to calculate royalties and royalty rates for other types of publications: a) electronic publications as defined in clause 9 Article 4 of law published in 2012;
b) valuable publications, scientific reasoning and practices;
c) publication permanent ownership transfer;
d) other cases due to voluntary agreements the two sides.
3. The other rules a) proofreaders works translated from 5-30% royalty works room depending on the extent and quality of editing.
Case editing on 30% of the work room, the proofreaders is co-author.
b) editors, collectors, who provides work, material remuneration under the agreement with the Agency, the organization used publications.
c) for publications of type room, Zoom works, adaptations, collections, annotations, collection, anthology, bodies, institutions use publication must seek permission and pay royalties to authors of original works, the level of royalties due to bodies, institutions use publication and the author or the owner of the original work.
d) author of music lyrics, comic entitled from 30-50% of the royalties of that publication.
DD) for publications using the State budget to serve political, security, defense, information, foreign serve ethnic minority, the socio-economic conditions particularly hard, deep, remote, mountainous border, Islands, teens, children, blind people and other key tasks , in addition to the prescribed royalties account according to clause 1 article 13 of this Decree was to enjoy more from 10-30% of the royalties of that publication.
e) royalties for bilingual publications by 50% royalties of publications translated the same categories specified in the frame of the royalties.
g) royalties for publication reprinted from 50-100% more than the level of royalties first published and is calculated on the retail price.
h) in addition to royalties, the author received 5-10 a publication. Case publications have many authors, the number of publications of the author or copyright owner is received by the Agency, the organization uses the publication decision.
I) the head of the Agency, the organization uses the publication specifies the rate of pay the royalties, remuneration for publication under the provisions of this Decree.
Article 14. The method of calculating royalties 1. Royalties for publication are calculated as follows: royalty = rate% x the retail price x number of print publications including: a) percentage (%) is the percentage charged royalties; b) Retail Price publications is money in at the bottom of the cover 3 or the retail price indicated on the Bill of sale of publications (for publications not recorded sale price) at the time of the bar payment to pay royalties for the author or owner of copyright;
The case then the retail price changes, if no other agreement is recorded in the contract using publications, retail prices for the calculation of royalties remains;
c) number in the amount stated in the contract of use of the work.
2. Royalties for publications by State commissioned, is calculated as follows: royalty = rate% x x production number in which: a) percentage (%) and number printed under the provisions of Paragraph 1 of this article; b) is the total production costs of publications do not include the cost of release.
3. Royalties business documentation (internal circulation or does not collect the money) is calculated as following: royalties = rate% x cost of producing x number of print. Royalties the book lessons, workbooks, books, exercise books, books for teachers program targeting the program of the Ministry of education and training at number 12 group I frame the royalties stipulated in article 13 paragraph 1 of this Decree shall be calculated as follows: royalty = the percentage (%) x the base salary Rate x the number of lessons according to the regulations of the program.
Chapter V ENFORCEMENT PROVISIONS article 15. Effective enforcement of this Decree in effect enforced since June 1, 2014.
From the date of this Decree takes effect, chapter II, chapter V, chapter VI of Decree 61/2002/ND-CP dated 11 June 2002 from the Government about the royalty regime.
Article 16. Responsibility of Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, the author, the owners of the work and the press, the Publisher responsible for the implementation of this Decree.