Circular 07/2012/ttlt-Btttt-Bvhttdl: Regulating The Responsibility Of The Service Provider Business Intermediaries In The Protection Of Copyright And Related Rights On The Internet And The Network Environment.

Original Language Title: Thông tư liên tịch 07/2012/TTLT-BTTTT-BVHTTDL: Quy định trách nhiệm của doanh nghiệp cung cấp dịch vụ trung gian trong việc bảo hộ quyền tác giả và quyền liên quan trên môi trường mạng Internet và mạng ...

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DEPARTMENT OF INFORMATION AND MEDIA-MINISTRY OF CULTURE-SPORT AND TOURISM
Number: 07 /2012/TTLT-BTTTT-BVHTTDL
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 19, 2012

FEDERAL INFORMATION

The responsibility of the responsibility of the business provides intermediate service in the protection of

Copyright and related rights on the Internet and Telecommunication.

__________________________

Intellectual Property Law Base in 2005; The Amendment Law, which complements some of the provisions of the Intellecintellectual Property Law in 2009;

2009 Telecommunications Law.

The Information Technology Act of 2006;

Base of Protocol 105 /2006/NĐ-CP September 22, 2006 Regulation and guidelines take on some of the provisions of the Intellecintellectual Property Law on the protection of intellectual property rights and state management of intellectual property; Decree No. 1. 119 /2010/ND-CP December 30, 2010 amendment, adding some of the provisions of the Digital Protocol 105 /2006/NĐ-CP;

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

Base of Protocol 25 /2011/NĐ-CP April 6, 2011 of the Government rules the details and guidelines for some of the provisions of the Telecommunications Law;

Base of Protocol 187 /2007/NĐ-CP December 25, 2007 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Information and Communications; the digital decree. 50 /2011/ND-CP June 24, 2011 by the Government amended the Digital Protocol 187 /2007/NĐ-CP December 25, 2007 of the Government rules the functions, duties, powers, and organizational structure of the Ministry of Information and Media;

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

Index Base 36 /2008/CT-TTg December 31, 2008 by the Prime Minister on the strengthening of management and enforcement of the protection of the author, relevant rights;

The Minister of Information and Communications and Minister of Culture, Sports and Tourism enacted the Corporate Information Regulation (s) the responsibility of the business providing intermediation services in the protection of the rights of authors and related rights on the network environment. Internet and telecommunications.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

It provides the responsibility of the business to provide intermediate services in the protection of the rights of authors and related rights on the Internet and telecommunications networks in Vietnam.

What? 2. Subject applies

This information applies to the business providing intermediation, the owner of the right to the author, the owner of the relevant right, and the organization that represents the collective right of the author, the relevant right.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. The intermediation service includes: telecommunication services, Internet services, online social networking services, digital search services, digital information storage services, including services for the lease of electronic information pages.

2. Enterprise offers intermediate services including:

a) Enterprise provides Internet services;

b) Telecommunication business;

c) The business provides a lease of the number of digital information storage, including the lease of the electronic information site storage site;

d) Enterprise provides online social networking services;

The business provides the search for digital information.

3. The digital content includes the work, the demonstration, the recording, the recording, the broadcast program that has been digitized and processed, stored, traded, delivered, provided on the Internet and telecommunications networks.

Chapter II

RIGHTS, THE RESPONSIBILITY OF THE ENTERPRISE PROVIDING INTERMEDIATE SERVICES

What? 4. The rights of the business provide intermediate services

1. Set up an inspection system, monitor, process information that is included, stored, transmitted on the Internet, telecommunications network to prevent acts of violating the copyright rights, the right to be relevant.

2. The unilateral refusal to provide a left service with the rule of law on the copyright of the author, the relevant right.

What? 5. Corporate responsibility for the delivery of intermediate services

1. Store the number of digital information in its service provider system that carries only a medium, temporary, automatic, dead-term, sufficient time to meet the technical requirements of transmission of digital content.

2. Accept of the inspection work, examination of the state governing body has jurisdiction under the regulation of authorship rights, related rights.

3. Remove and delete the content copyright infringement of copyright infringement, related rights, cuts, stops and suspend Internet lines, telecommunication lines when receiving a written request of the Inspector of Information and Communications Department or Department of Culture, Sports and Tourism or other state agencies have other authority under the rule of law.

4. Provide customers with information on the storage of digital content storage, electronic information pages, and customers using other intermediation services at the request of the Inspector of Information and Communications Department or Inspector of the Ministry of Culture, Sports and Tourism. Or other competent state agencies.

5. Responsible for the direct responsibility of the damages caused by the violation of the copyright of the author, the statutory rights to the laws of intellectual property and other laws are involved in the following circumstances:

a) As the source of the starting post, transmission or supply of digital information through the telecommunications network and the Internet that is not allowed by the owner of the rights;

b) Correction, mutilation, replication of digital content in any form without permission of the subject of the rights;

c) Try to cancel or disable the technical measures taken by the subject of the right to protect the right to the author, the relevant right;

d) Activity as a secondary source of information content content due to the violation of the authorship rights, the relevant right.

6. In addition to implementing regulations at 1, 2, 3, 4 and 5 This, the business offering online social networking services must also perform the following responsibilities:

a) Ask the user to commit an undertaking to commit responsibility for ensuring the use of digital content information is available on the Internet and telecommunications network;

b) Warning responsibility for civil damages, the ability to be sentenced to the administrative breach, is prosecuted in criminal responsibility for individuals who use online social networks that have infringed on the copyright of the author, the relevant right.

Chapter III

THE ORGANIZATION.

What? 6. Coordinate in breach processing

Inspectors of Information and Communications in collaboration with the Inspector of Culture, Sports and Tourism handled the behavior of copyright infringement, rights related to the Internet and telecommunications networks.

What? 7. The Effect of Private

This announcement came into effect on August 6, 2012.

What? 8. Organization Responsibility

Chief of the Office, the Chief of the Department of Science and Technology, Chief Inspector of Information and Media; Chief of the Office, Chief of the Copyright Office, Chief Inspector of the Ministry of Culture, Sports and Tourism; Head of the agencies, units of the Ministry of Information and Information Media and Ministry of Culture, Sports and Tourism; Director of the Department of Information and Media, Director of the Department of Culture, Sports and Tourism of the Provinces, the Central City and the organizations, the individual is responsible for this private implementation.

KT. MINISTER OF INFORMATION AND COMMUNICATIONS
Chief.

KT. Minister of Culture-Sports and Tourism
Chief.

(signed)

(signed)

Parking Lot

Hu Jun