Decree 85/2010/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 100/2006/nd-Cp On September 21, 2006, Detailing And Guiding The Implementation Of Some Articles Of The Civil Code, Law ...

Original Language Title: Nghị định 85/2011/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 100/2006/NĐ-CP ngày 21 tháng 9 năm 2006 quy định chi tiết và hướng dẫn thi hành một số điều của Bộ luật Dân sự, Luật...

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Pursuant to the law on organization of the Government of 25 December 2001;

Bases of the civil code on June 14, 2005;

Pursuant to the law on intellectual property on November 29, 2005;

Pursuant to the law amending and supplementing some articles of the law on intellectual property, June 19, 2009;

Considering the recommendation of the Minister of culture, sports and tourism, the DECREE: article 1. Modifying, supplementing a number of articles of Decree No. 100/2006/ND-CP dated 21 September 2006 from the Government detailing and guiding the implementation of some articles of the civil code, the intellectual property Laws on copyright and related rights: 1. the addition of clause 11, 12, 13 , 14 and 15 article 4 as follows: "11. The work of individuals, foreign organizations are published for the first time in Vietnam's unpublished works in any country before publication in Vietnam.

12. Announced at the same time as the publication of works by individuals, foreign organizations in Vietnam within 30 days from the date the work was published for the first time in any country.

13. Royalties are sums paid by the party to use the work to the author created the work, the copyright owner for permission to use the work.

14. the remuneration is the amount due to the work of the author pays for the creation of the work, the copyright owner; the party used the performance pay the performers perform creative activities to convey the copyright in the work to the public.

15. material benefit is funds due the party using a recorder, record producer for sound recordings, video recordings, on the use of broadcasts for the broadcast organization.

Other material benefits is the physical benefits that the author, the copyright owner, the owner of the rights concerned are entitled in addition to royalties, remuneration, the physical benefits such as receiving the award, received the book when published, courtesy tickets performances, movie screenings , art galleries, exhibitions and other related material. "

2. Article 10 is amended as follows: "1. Lectures, speeches and other speech specified in point b of article 14 paragraph 1 of the law on intellectual property is the type of work performed by the spoken language and must be configured under a given physical form.

2. In the case of the author himself made the shaping of lectures, speeches, another lecture in the form of sound recordings, video recordings, the author is entitled to copyright for lectures, speeches, the post said, is the owner of the rights to the recordings, recorded, as prescribed in clause 2 of 44 intellectual property Law. "

3. Supplement Article 19a on after the article 19: "article 19a. Copyrights for computer programs 1. Author of computer programs specified in point m article 14 paragraph 1, article 22 of the law on intellectual property enjoy personal rights specified in the paragraph 1, 2 and 4 Article 19 of the law on intellectual property.

The Organization, personal financial investment and infrastructure-technique to creative computer program and computer program author can deal when signing the contract about the innovative naming rights to computer programs as defined in clause 1 article 19 of the law on intellectual property, on the edit upgrade the computer program, specified in paragraph 4 of article 19 of law of intellectual property.

2. Organization, personal finance and investment facilities-techniques for creation of computer programs is the copyright owner enjoys the right of publication prescribed in clause 3 article 19 and the exclusive property rights stipulated in article 20 of the law on intellectual property.

Author of a computer program is entitled to royalties and other material benefits under an agreement with the copyright owner.

3. organizations and individuals have the right to use illegal copies of computer programs can do no more than a backup, instead of when it is lost, damaged or cannot be used. "

4. Supplement Article 20a into the following article 20: "article 20a. The work culture, folk art works, folk art prescribed in clause 1 Article 23 of the law on intellectual property be protected include: 1. Literary works, folk art defined in art. 1 Article 23 of the law on intellectual property, is the kind of art as language joke Fables, epic, myths, legends, anecdotes, poems, ca dao, proverbs, riddles and other similar forms of expression.

2. Works of folk art, the provisions of points b and c of paragraph 1 to article 23 of the law on intellectual property is the type of performing arts such as theatre, Opera, singing tone, rides, musical elements; dance, play, games, folk village, a folk ritual forms and the forms of other similar expression.

3. Works of folk art, the provisions in Article 23 paragraph 1 d of the intellectual property Law is the kind of Visual arts such as painting, graphics, sculpture, musical instruments; the architectural model and other similar forms of expression. "

5. Item 2 Article 23 is amended as follows: "2. The right to copy the work specified in point c article 20 paragraph 1 of the law on intellectual property rights is one of the exclusive rights in the copyright, so the owner make or allow other people to make the creation of copies of the work by any means or in any form , including the creation of copies in electronic form. "

6. Article 26 is amended as follows: "1. the duration of protection of property rights and personal rights stipulated in paragraph 3 of the article 19 of the law on intellectual property, for works of di Guo as fifty years, since the work was first published.

Duration of protection of property rights and personal rights stipulated in paragraph 3 of the article 19 of the law on intellectual property, for works of photography, works of applied arts stipulated in art. 2 of article 27 of law intellectual is fifty years, since the work was first published. Within fifty years, if the work is not yet published, the duration of protection is fifty years, since the work is shaped.

2. The term of protection for works of cinema, photography, applied arts, anonymously defined in art. 2 of article 27 law of intellectual property have been modified and supplemented as follows: since the law on amendments and supplements to some articles of the law on intellectual property in force , works in film, photography, art, the work anonymously is also the term of protection under intellectual property Law shall continue to enjoy the term of protection as defined in art. 2 of article 27 law of intellectual property have been modified and supplemented; for theatrical works longer term of protection under the provisions of the law on intellectual property, the term of protection to be made under the provisions of point b item 2 article 27 of the law on intellectual property have been modified and supplemented as the author throughout his life and for the next fifty years the author die. "

7. Article 28 is amended as follows: "article 28. Assignment of rights to the work anonymously The enjoyment of the rights of the owner of the work anonymously as defined in clause 2 to article 41, paragraph 1 point a Article 42 of the law on intellectual property had been amended and supplemented as follows: 1. The organization, individuals are managing files anonymously assign rights to work anonymously for the Organization individuals and be remuneration from the transfer of that right.

2. organizations and individuals, the assignee's rights as defined in paragraph 1 of this article are entitled to the right of the owner to when the author's identity was determined. "

8. Article 36 is amended as follows: "article 36. Use the broadcast program 1. Owners of broadcasts stipulated in paragraph 3 Article 44 of the law on intellectual property was held broadcast financial investment and infrastructure-technical to his broadcast.

2. When using the works, sound recordings, video recordings to produce the broadcasts of broadcasting organizations, to perform the obligation with the copyright owner, the owner of the relevant rights under the provisions of the law.

3. organizations and individuals use the broadcasts of other broadcasting organizations as defined in points a and b of paragraph 1 to article 31 of the law on intellectual property next to the waves, broadcast or transmitted over telecommunications networks, electronic information or any technical means would follow the agreement and the legal provisions concerned. The amendment, mutilation, additional broadcasts of other broadcasting organizations to broadcast or transmitted over telecommunications networks, electronic information, or any other technical means must have the agreement with the owners of the broadcasts. "

9. Paragraph 1 Article 37 is amended as follows: "1. The author, the copyright owner, the owner of the relevant rights under the provisions of article 50 of the law on intellectual property, may direct or delegated to other individuals, organizations, filed 12 applications of copyright and related rights in the copyright Bureau headquarters or representative office of the Bureau of copyright in Ho Chi Minh City, Danang or the Department of culture, sports and tourism where the author, the copyright owner, the owner of the relevant rights of residence or headquarters. The profile can be sent by post. "

10. a paragraph 1 Article 39 is amended as follows: "1. The Copyright Bureau has issued, reissued, modified, cancelled the validity of registration certificate of copyright registration certificates, and related rights provided for in paragraphs 1 and 2 Article 51 of the law on intellectual property.

a) author, the copyright owner, the owner of the relevant rights in need please refresh or change a certificate of copyright registration, certificates of registration of related rights, the applicant stating the reason and submit 1 application the provisions of article 50 of the law on intellectual property at the copyright Bureau headquarters or representative office of the Bureau of copyright author in Ho Chi Minh City, Danang or the Department of culture, sports and tourism where the author, the copyright owner, the owner of the relevant rights of residence or headquarters. Applications and resumes may be sent by post. "

11. Article 41 is amended as follows: "1. the collective representative organizations of copyright and related rights under the provisions of paragraph 1 to article 56 of the law of intellectual property when the operation must comply with the following conditions:


a) representative organizations of copyright and related rights should be the author, the owners of copyright and related rights.

b) representative organizations of copyright and related rights must be authorized by a written contract with the owner rights on the management of a right, a group of specific rights.

c) the collection, distribution of royalties, remuneration and other material benefits are arising from the exploitation of rights, group rights specified in the Charter of the Organization's activities represented the collective copyright, related rights and contract authorizations.

2. In the case of works, sound recordings, video recordings, broadcasts are related to the rights and interests of many organizations representative is authorized to represent the different rights, group rights, the parties can deal to an organization on behalf of negotiating permission to use , currency and divided the money, reported the Ministry of culture, sports and tourism before implementation.

3. Managing, collecting and distribution of royalties, remuneration, material benefits stipulated in art. 2 of the law on intellectual property 56 follow the following rules: a) the collection, distribution, royalties, compensation, physical benefits of representative organizations of copyright related rights follow the principles of publicity, transparency.

b) representative organizations can be kept in a suitable amount of royalties, remuneration, benefits obtained materialism to the costs for the implementation of the tasks of the Organization on the basis of agreement with the authorized person. Wage withholding is adjusted accordingly with the efficiency of collective representation activities on the basis of agreement with the authority and may be determined by the percentage of the proceeds.

c) the collection and distribution of royalties, remuneration, the material benefits from the respective organizations of foreign countries or international organizations follow the regulations on Foreign Exchange Management.

4. representative organizations of copyright and related rights made the reporting regime of 6 months, a year or irregularly according to the provisions in point c paragraph 3 Article 56 of the law on intellectual property, as follows: a) the reports of the Ministry of culture, sports and tourism, the Ministry of the Interior and the Ministry of finance includes the contents : modification, additional rules, regulations; personnel changes; participation in international organizations; other foreign operations; rates, royalty payment, compensation, physical benefits; long-term plans and programs every year; operational situation, signed authorization, licensing contracts; operating income, revenue, distribution methods; how make work distribute royalties, remuneration, material benefits; other related activities.

b) modification, supplement the Charter must report the authority for approval prior to implementation. "

12. Additional Articles 45a to 45: following "Article 45a. The principle and method of payment of royalties, remuneration, material interests 1. Royalties, remuneration prescribed in paragraph 3 article 20, paragraph 4 to article 29 and material benefits prescribed in clause 2 article 30, paragraph 2 article 31 of the law on intellectual property is determined according to the following principles: a) paying royalties, remuneration, material benefits to ensure the interests of creators , home use and enjoyment of the public, in accordance with the practices of the country.

b) the level of royalties, remuneration, benefits of material based on genre, form, quality, quantity or frequency of use of the work.

c) The co-author, co-authors of the national agreement to divide royalties, remuneration according to the level of creativity in the work, in accordance with the form used.

d) author of the work, organizations, individuals made their performances, sound recordings, video recordings, broadcasts for children, minorities; the Vietnam make files creation directly in a foreign language, has made directly by ethnic minorities, people of this ethnic minority made directly by other ethnic minorities; made in difficult, dangerous conditions and other special circumstances enjoy more royalties, remuneration, material benefits encourage.

DD) the use of copyright, related rights and pay royalties, remuneration, benefits the material must have a contract in writing according to the legal provisions.

e) agencies, organizations using the State budget, State-owned enterprises set up planned expenditure spent on royalties, remuneration, material benefits within your budget and other revenues according to legal provisions.

2. The Ministry of culture, sports and tourism, in collaboration with the Ministry of finance, the Ministry of information and communication issued rates, royalty payment, remuneration, material benefits as prescribed in Article 26 paragraph 1 and paragraph 1 and 2 of 33 Articles intellectual property Law has been modified supplements. "

13. additional paragraph 4 to article 46 as follows: "4. The copyright and related rights are protected under the provisions of the texts in force before the date of the intellectual property Law was amended, adding effect, if longer duration of protection shall continue to be protected under the provisions of intellectual property Law has been modified and supplements.

The application of copyright and related rights were submitted to the competent authority before the date of the intellectual property Law was amended and supplemented in effect will be handled according to the provisions of the applicable law at the time of filing.

Any infringement of copyright, related rights or breach of contract before the intellectual property Law was amended and supplemented in effect will be handled according to the provisions of the current law in the time of violation. "

14. Replace the phrase "Ministry of culture and information" by the phrase "the Ministry of culture, sports and tourism".

Replace the phrase "Department of culture and information" by the phrase "Department of culture, sport and tourism".

Replace the phrase "Department of copyright literature-art" by the phrase "Department of copyright".

Article 2. Effective enforcement of this Decree in effect enforced since June 10, 2011.

Article 3. Responsibility 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, agencies, organizations, individuals with the relevant rights and obligations is responsible for the implementation of this Decree.

2. The Minister of culture, sports and tourism is responsible for guiding the implementation and organization of the implementation of this Decree.