Circular 15/2012/tt-Bvhttdl Active Assessment: A Guide To Copyrights And Related Rights

Original Language Title: Thông tư 15/2012/TT-BVHTTDL: Hướng dẫn hoạt động giám định quyền tác giả, quyền liên quan

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CULTURE, SPORTS AND TOURISM.
Number: 15 /2012/TT-BVHTTDL
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 13, 2012

IT ' S SMART

Active guide to the monitoring of the author, relevant rights

_____________________

Intellectual Property Law Base in 2005; Law S trade, the addition of some of the provisions of the Intellecintellectual Property Law in 2009;

Base of Protocol 100 /2006/NĐ-CP September 21, 2006, of the Government Regulation and Guide to some of the provisions of the Civil Code, the Intellecintellectual Property Law on the Rights of the Author and the Right to the Right; Decree No. 85 /2011/NĐ-CP September 20, 2011 of the Government amended, adding some of the provisions of the Digital Protocol. 100 /2006/NĐ-CP;

Base of Protocol 105 /2006/NĐ-CP September 22, 2006 of the Government regulates the details and guidelines of taking some of the provisions of the Intellecintellectual Property Law on the protection of intellectual property rights and state management of intellectual property; Protocol No. 119 /2010/ND-CP December 30, 2010 by the Government amended, adding some of the provisions of the Digital Protocol 105 /2006/NĐ-CP;

Base of Protocol 185 /2007/ND-CP December 25, 2007 The Government provides for the functions, duties, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

On the recommendation of the Director of the Copyright Office,

The Minister of Culture, Sports and Tourism issued an Active Guide to the Director of the Rights of the author, the relevant right.

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This privacy guidelines for the operation of authorship authorship, related rights including the granting of, granting, revoking the copyright of the author's copyright, relevant rights; granting, granting, revoking the certificate of organizational certification, the right to be relevant; The organization of the copyright, the rights to the organization, the requirements of the organization, the individual.

2. The case of judicial monitoring of authorship rights, the right to be involved in accordance with the provisions of the law on judicial authority.

What? 2. Subject applies

This information applies to the organization, the relevant individual in the operation of authorship authority, the relevant rights over the territory of Vietnam.

What? 3. Managing the right author, relevant rights

1. The authoritalization of the author, the right to associate (the following call for the designation) is the organization, the individual with the authority to use knowledge, a professional career to evaluate, to conclude on matters that are related to the author's right, the right to the right to be related. of the organization, the individual who asked for the judge.

2. The field of authorship on the authority of the author, the relevant rights stipulated at the point a 2 Article 39 of the Digital Protocol 105 /2006/NĐ-CP September 22, 2006 of the Government Regulation and Guide to some of the provisions of the Intellecintellectual Property Law on the protection of intellectual property rights and state management of intellectual property (after this is called the Digital Protocol). 105 /2006/NĐ-CP ) modified, supplemated at the Digital Protocol 119 /2010/ND-CP December 30, 2010 by the Government amended, adding some of the provisions of the Digital Protocol 105 /2006/NĐ-CP (the following is called the Digital Protocol) 119 /2010/ND-CP ) including the majors:

a) The authorship of authorship rights to the works of literature, art and science rules at Article 14 Intellecintellectual Property Law;

b) The authority of the relevant rights to the relevant rights subjects stipulated at Article 17 Intellecintelligence Property Law.

What? 4. The Rules of Supervision

1. comply with the law.

2. Central, precise, objective.

3. Only the conclusion of the expertise in matters relating to the author ' s rights, the relevant rights in the scope are required.

4. Take responsibility before the law on the results of the monitoring.

Chapter II

LEVEL, LEVEL, RECOVERY OF THE AUTHOR ' S RIGHTS WATCHDOG, RELEVANT RIGHTS

What? 5. Author rights bishop, relevant rights

The copyright officer, the relevant right is that the individual has all the regulatory conditions at paragraph 2 Article 44 of the Digital Protocol. 105 /2006/NĐ-CP modified, supplemated at the Digital Protocol 119 /2010/ND-CP and granted the authorship rights watchdog, the relevant right (later called the Examiner Card).

What? 6. Authority to grant, grant, revoking the Manager Card

The Director of the Copyright Office of the Ministry of Culture, Sports and Tourism has the authority to grant, grant, revoking the Supervisor Card.

What? 7. Senior procedure, reissue, Procurement Card Recall

1. Individuals who require the submission of the filing of an applicant 1 (a) file order required to grant the Supervisor Card via post office or at the Office of the Copyright Office for the Ministry of Culture, Sports and Tourism. The profile consists of:

a) The affidavit requires the level of the Supervisor Card (in the form at Appendix 1 issued by this message);

b) The results of the results of a request for the approval of the specified audit and document of the Board of Examination are exempt from the monitoring of the case.

c) The copy of the People's Certificate;

d) 2 color images 3x4 cm.

2. In the 15 (fifteen) days of work, since the date of the receiving of valid files, the Bureau of the Copyright Administration assumes the decision to grant the Supervisor Card. The case refused to grant the Examiner Card, the Copyright Intelligence Bureau informed by the text stating the reason. The specified custoship of the 2nd Appendix is issued with this message.

3. The validity of the Supervisor Card: The Supervisor Card is valid since the date of the level.

4. Level the Supervisor Card

a) The only level of the Supervisor Card in the case of the missing or damaged or disabled Card Card case.

b) The examiner has a request for the granting of the filing of the Applicant Card to specify the reason and the specified documents at the points a, c, and d 1 This through the post office or at the Office of the Copyright Office for the Ministry of Culture, Sports and Tourism. The missing case must have confirmation of the authorities on the loss. The damaged case had to submit to the damaged Examiner Card.

c) The level deadline is 10 (ten) working days, since the date of reception is sufficient for the request of the Supervisor Card level.

5. Capture the Supervisor Card

The examiner ' s card is revoked for one of the following cases:

a) The licensee of the Supervisor Card no longer meets the regulations at this Article 5;

b) The licensee has a violation of a violation of the law in an activity that is subject to the jurisdiction of the state authority to recommend the recall of the Jury Card under the rule of law;

c) There is evidence that the Supervisor Card is granted to the rule of law.

6. The Copyright Office assumes a list of supervising examiner lists, reissued, revoked the identity card, and published on the Copyright Bureau's electronic information page.

What? 8. Chief Audit

1. Individuals who require a Supervisor Card level without a result of an agreement to check for a mandatory transaction for regulations at the point b 1 Article 7 of this Smart News file 1 (one) a registered professional check-up filing via post office or at the Bureau headquarters Copyright of the Ministry of Culture, Sports and Tourism. The profile consists of:

a) The declaration of registration of the designated transaction (according to the template at Annex 3 issued by this message);

b) The schedule of the registry registrus has the confirmation of the agency, the organization where the work or confirmation of the local government resides;

c) Copy (certificate) by graduate or graduate degree;

d) The agency's confirmation paper, the organization where work on the actual process of professional activity related to the specialized field of monitoring from 05 (year) years or from 15 (fifteen) years of continuous return (for the subject of an immunology request) It's the regulations of the regulation at the five things.

Paper confirmed health status;

e) 2 color sizes 3x4 cm;

g) The requested text is exempt from the specified job examination (for the subject that is exempt from the regulatory exemption for the specified regulations at paragraph 5).

2. During the 15 (fifteen) days of work, since the date of the receiving of valid records, the Bureau of the Copyright Office has a responsibility to inform the adoption of the filing. The case refused to accept the case, the Copyright Intelligence Bureau informed by the text stating the reason.

3. The Board of Examination Office

a) The Minister of Culture, Sports and Tourism decision to establish a Board of Examination Office (later known as the Board of Inspects) on the basis of a proposed basis by the Director of the Copyright Office.

b) The inspection council has its president and its members. The number of members of the Board of Inspects must be odd and there are from 05 (year) members or more. The Chairman of the Board of Inspects is the Director of the Copyright Office or a Deputy Minister authorized by the Director; members of the Board of Inspects include those who have the experience and credibility of expertise in the field of authorship rights, related rights.

4. The Content Test Content

The Bureau of Professional Examination includes legal knowledge, authorship authority, related rights, and a specialized knowledge of the regulation in paragraph 2 Article 3 of this Information.

5. The subject is exempt from a job inspection

The person who has at least 15 (fifteen) years repeatedly works as a draft work and guidelines for the implementation of the copyright law on the rights of authors, relevant rights; inspectors, disputes disputes, complaints, accusations of authorship rights, relevant rights at the agencies. State management of authorship rights, relevant rights are exempt from examination of the jurisdiction.

6. Announces a Career Test

The results of the monitoring of the examiner are notified on the Electronic Information Bureau's electronic information page. The Copyright Copyright Bureau confirms the results for the person who has the request for a job examination.

Chapter III

GRANT, GRANT, RECALL CERTIFICATE ORGANIZATION AUTHORSHIP AUTHORSHIP, RELEVANT RIGHTS

What? 9. The organization oversees the author ' s rights, related rights

The organization that regulates the author ' s rights, the relevant right is that the organization has enough regulatory conditions at Article 42 No. 105 /2006/NĐ-CP modified, supplemated at the Digital Protocol 119 /2010/ND-CP and is granted a certificate of the organization of authorship authority, the right to associate (later called the Organizational Certification Certificate).

What? 10. Authority to grant, grant, revoking the certificate organization

The Director of the Copyright Office of the Ministry of Culture, Sports and Tourism has the authority to grant, grant, revoking the certification organization.

What? 11. Senior procedure, reissue, revoking certificate organization certification

1. The organization requires granting a Certificate of Organizational Certification of Schedule 1 (a) the file order requires issuing a certification organization via post office or at the headquarters of the Copyright Office of the Ministry of Culture, Sports and Tourism. The profile consists of:

a) The affidavit requires that the Certificate of Organizational Certification (in accordance with Appendix 4);

b) The copy (there is a certificate) that the registration paper works or the decision to be established by the state authority with a jurisdiction;

c) The copy (certificate) decision to recruit, contract labour or contract work between the organization and the supervisor working for the organization.

2. During the 15 (fifteen) days of work, since the date of the filing of valid files, the Director of the Copyright Bureau assumes the decision to issue a certificate of organization. The case refused to issue a certification organization, the Copyright Office of the Copyright Intelligence notified by the text stating the reason. The Certificate of Organizational Certification is held in Annex 5 issued by this message.

3. The validity of the Certificate of Organizational Certification: The certification organization is in effect since the day of grade.

4. Level the Certificate of Organizational Certification

a) The Certificate of Organizational Certification is issued in the case of the missing, lost, or information-changing organization of the organization, which has been documented in the Certificate of Organizational Certification.

b) The organization is required to grant a Certificate of Organizational Certification to submit a written statement stating the reason and the prescribed profile at 1 Article via post office or at the Office of the Copyright Office of the Ministry of Culture, Sports and Tourism. The missing case must have confirmation of the authorities on the loss. The damaged case had to submit to the custody of the damaged examiner. The case with a change in information must have a legal document that proves the change and the Certificate of Organizational Certification.

c) The level deadline is 10 (ten) working days, since the date of the reception is sufficient for the granting of the Certificate of Organizational Certification.

5. Collum Certificate of Organizational Certification

The certification certificate is revoked for one of the following cases:

a) The organization of the organization no longer meets the regulations at Article 9 of this Smart;

b) The organization of the organization to conduct a violation of the law in the operation of the custody of the state authority has the authority to recommend revoking the certification of the organization by law;

c) There is evidence to confirm that the certification organization is granted to the rule of law;

d) The organization of the organization terminated the operation.

6. The Copyright Office assumes a list of organizations that are held under the Acute Decision, reissue, revoking the certification organization of the organization and the publication of the Copyright Bureau's electronic information page.

Chapter IV

EXECUTE AUTHORSHIP AUTHORITY, RELEVANT RIGHTS

What? 12. Request and receive a request for monitoring

1. Organization, individuals have a regulatory requirement of regulation at the 2 and 3 Articles 40 of the Digital Protocol. 105 /2006/NĐ-CP modified, supplemated at the Digital Protocol 119 /2010/ND-CP filed 1 (a) a set of records required for the supervision of an independent operating officer or the organization of the organization. The profile consists of:

a) The requested text for which the following are the following:

-The name and address of the individual or organization requesting the designation;

-The number of CMND or the number of established decisions or the number of operational registration certificates, the date of the degree, the individual ' s level or the organization requirements for the monitoring;

-Phone number, Fax, E-mail of the individual or organization requesting the monitoring;

-Private the requirements of the bishop (author; owner of the rights of the author; the owner of the rights involved; the person with the right, the relevant benefit; the other way);

-The base requires the judging.

-The contents of the request.

-Other relevant content.

b) The following documents:

-The samples need to be taken.

-The proof documents of the author, the owner of the author ' s rights, the owner of the rights involved, the work, the relevant rights subjects;

-The other relevant documents.

2. The independent operating officer or organization of the organization receives the required filing of the requirements, conduct a cost-making, agreement, and implementation of a contract agreement with the organization, the individual requesting the examiner, except for the case of rejection. It ' s the regulation of regulation at paragraph 3.

3. An independent active or organizational activity examiner refuses to perform the examiner for one of the following cases:

a) Not under the regulations of regulation at paragraph 2 Article 3 of this Information;

b) Regulations at point b point 3 and point d 4 Article 44 of the Digital Protocol 105 /2006/NĐ-CP modified, supplemated at the Digital Protocol 119 /2010/NĐ-CP.

What? 13.

The contract is composed of the following principal content:

1. Name, address of the organization, the individual requesting the examiner; the name, address of independent active activist or organization of the organization;

2. Content requested;

3. Location, duration of execution;

4. Cost execution costs and method of payment;

5. The rights and obligations of the parties;

6. Contract and contract liquoration;

7. Responsibility for damages; the method of dispute resolution;

8. Other conditions under the agreement (if any).

What? 14. Cost of execution

1. The specified cost of the execution includes a partial or all of the following expenses:

a) The cost of the experiment;

b) The cost of machinery, equipment served for the monitoring;

c) The cost of the study of the document;

d) The cost for discussion, comments, reviews; and

) Cost management and other necessary expenses.

2. The collection, management, and use of the cost of carrying out the monitoring is carried out in accordance with the rule of law.

What? 15. Board of ConsultAffairs

1. Upon the implementation of the examiner, the independent operating officer and the organization of the organization may form the Advisory Advisory Council.

2. The Independent Active Supervisor, the organization that sets the selection of members of the Board of ConsultAffairs in relation to the institution of the examiner and decides to establish the Advisory Advisory Council.

The Advisory Council oversees the president and its members. The number of members of the Board of ConsultAffairs must be odd and there are 3 (three) members or more.

3. The advisory board operates under the principle of democracy, which is to publicly vote on the expertise. Members of the Advisory Advisory Council for the collective discussion of the expertise, the opinions of the members must be inscribed on the border of the Council of Consultation Advisory Council.

4. The entire advisory consultation process by the Board of ConsultAffairs is established as a work-made border by the president and the members of the Consultated Advisory Council. The working editor of the Board of Advisory Consuls must be noted in time, full, honest, and stored in the specified profile.

What? 16. The Judging Conclusion

1. According to the time of the agreement at the appointed contract, the independent operating officer, the organization that the organization is required to have a written statement by text to the organization, the individual requires the examiner. An independent activist, who is representative of the organization's law, is required to sign, stamp on the concluding conclusion and is responsible for the conclusion of the monitoring.

2. The required case must have more time to implement the examiner, the independent operating officer, the organization to be notified in time by writing to the organization, the individual requesting the examiner.

Chapter V.

THE ORGANIZATION.

What? 17.

1. The Copyright Copyright Office of the Ministry of Culture, Sports and Tourism is responsible:

a) The implementation of the state management of the operation of authorship authority, relevant rights;

b) The organization guidelines, examining the implementation of this Information within the country;

c) Building the Ministry of Culture, Sports and Tourism established the organization of the organization as a public career unit that performs the activity of authorizing authorship rights, the relevant rights as defined at Article 42 No. 105 /2006/NĐ-CP modified, supplemated at the Digital Protocol 119 /2010/ND-CP .

2. The Independent Active Supervisor, the organization of the organization responsible for carrying out the information regime, reports the operational situation on a six-month period and annually by writing to the Copyright Office of the Ministry of Culture, Sports and Tourism.

What? 18. plead guilty, denounce and dispose of violation

1. The complaint, denouncing and addressing the complaint, denouncing the conduct of the violation of the law concerning the implementation of the granting procedure, repetition, revoking the Examiner Card, the Organizational Certification certification, the execution of the authorship authority, the right to contact The regulations on this message are made in accordance with the law of the complaint, denouncing.

2. The Independent Active Supervisor, the organization that oversees the regulations of the Intellecintellectual Property Law, the Digital Protocol 105 /2006/ND-CP, Number Protocol 119 /2010/ND-CP And this is, according to the nature, the extent of the breach that is processed by law.

What? 19.

1. This message has been in effect since 1 February 2013.

2. In the course of execution if there is difficulty, entanged, recommended organizations, individuals reflect timely reflection on the Ministry of Culture, Sports and Tourism to review, resolve ./.

Minister.

(signed)

Brother Tuan