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The Directive 36/2008/ct-Ttg Dated: On Strengthening The Management And Enforcement Of Copyright And Related Rights

Original Language Title: Chỉ thị 36/2008/CT-TTg: Về việc tăng cường quản lý và thực thi bảo hộ quyền tác giả, quyền liên quan

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Over the years, the activity of protection of copyright and related rights was of special interest to the State. Operations research, build, improve law enforcement and there are important advances. The rights and legitimate interests of the owner of each step. A number of ministries, local deployment programs has specific enforcement, effective. Many individuals and organizations have the right to apply measures to protect their rights. The collective management organizations of copyright and related rights was formed, initially had positive activities, encouraging.

However, the status of copyright infringement takes place in most of the areas with the forms and to varying degrees, especially in the fields of music, literature, computer programs, sound recordings, video recordings, broadcasts, digital ... This condition causes damage and negative effects to creative activities, investment environment, socio-economic development, culture and society of the country and the process of international economic integration.

The cause of the condition comes on mainly because of awareness, understanding, especially the Executive aware of copyright law and related rights of many organizations and individuals who exploit, use more restrictive and yet seriously; the system of enforcement of copyright and related rights of the authorities do not meet the requirements for protection under the provisions of the law.

To continue to promote the implementation of adjustment, effective legal regulations and international commitments Vietnam on copyright and related rights, the Prime Directive: 1. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province , central cities are responsible for: a) directs implementation vigorously and apply specific measures for the protection of copyright and related rights of the rights holders the Authority management.

Build a deployment plan to enforce protection of copyright and related rights in the Ministry, local branches. Strengthen the direction, frequent, unscheduled check the subdivisions in the enforcement of copyright, related rights, handle violations of prescribed law;

b) assigned an appropriate Unit Chief of mission, direction and instructions the units administered perform legal obligations when using the works, performances, sound recordings, video recordings, broadcasts by the authority;

c) facilitates, supports collective management organizations of copyright and related rights by exercising the law, especially the licensing activities, collect and distribute money to use the work, the performer, sound recordings, video recordings, broadcasts; monitoring the activities of these organizations according to the authority;

d) urgently issued documents implementing State management duties on copyright and related rights specified in paragraph 2, article 7, 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 Intellectual property, law on copyright and related rights;

DD) As competent, proactive and positive cooperation with the Ministry of culture, sports and tourism made the activities of protection of copyright and related rights in the Ministry, local branches, especially counseling, advocacy, dissemination, education, law enforcement organizations, test, handle the offense.

2. The Ministry of culture, sports and tourism is responsible for: a) further strengthen inspection, inspection, detection and strict, timely processing of cases violating the law on copyright and related rights;

b) Organization of inspecting the enforcement of copyright and related rights in the activities of production, business and related services on nationwide in the first quarter of 2009, to propose the necessary measures to enforce the law, the Prime Minister's reports in the second quarter of 2009. Focus on these areas have many breaks, causing serious damage to organizations, individuals, investors are concerned. In coordination with the judiciary, prosecution agencies and other proceedings in investigation activities, strict, timely handling of violations of the law of copyright and related rights;

c) enhancing human resources, infrastructure, facilities and favorable conditions for management and enforcement of copyright and related rights Department in the Ministry; training organization, fostering core team doing the management, enforcement of copyright and related rights on the nationwide;

d) presided, in cooperation with the Ministry of Justice continue to perfect the legal research on copyright and related rights;

DD) promote propaganda, popular education, the law on copyright and related rights; publishing books, journals on copyright and related rights;

e) system for hotels, entertainment areas seriously perform the obligation to pay royalties when use of works, sound recordings, video recordings, broadcasts;

g) steer Vietnam musician Association, Vietnam writers, the recording industry association of Vietnam project "strengthening management capacity, the effective enforcement of the law for protection of copyright and related rights" according to each field of specialization, the Prime Minister's approval.

Support, facilitate the creation and functioning of collective management organizations.

3. The Ministry of finance is responsible for: a) presiding, in coordination with the ministries concerned State budget layout, construction guide budgeting made the purchase of copyright in the work, entitled unit budget;

b) Customs force direction applied measures to prevent import-export goods in violation of the law on copyright and related rights; focus check processing computer programs, program recording, record production, illegal imports.

4. Industry steer market management forces inspect, handle personal organizer, circulation of goods on the domestic market in violation of the provisions of the law on copyright and related rights.

Instructions and check the base business and commercial activities, restaurants, supermarket, shops, business establishments, karaoke services performing the obligation to pay royalties under the agreement when using the works, sound recordings, video recordings, broadcasts.

5. The Ministry of information and communications is responsible for: a) presiding, in cooperation with the Ministry of culture, sports and tourism to build the text stipulates the responsibility of Internet service providers, telecommunications and other intermediary services related to copyrights and related rights;

b) guide the Organization, individuals involved in the development, application of information technology in compliance with the legal provisions on copyright and related rights. Steer, guide and check the unit under the Ministry of national service permission, paid use of the work, the performer, sound recordings, video recordings, broadcasts and other related legal obligations;

c) directing the news agencies, the press and propaganda activities of enforcement of copyright and related rights.

6. The Ministry of public security direction to apply measures to strengthen inspection, struggle against violation of the law on copyright and related rights; prevent timely, effective the infringement in production, sales, export, import, storage, circulation of goods and services on copyright and related rights.

7. Department of Defense directed border guard forces strengthen regular patrols, control and handling of all cargo storing, in violation of copyright and related rights across borders.

Border guard forces in coordination with the Customs gate prevents effective import-export goods in violation of copyright and related rights.

8. The State directs and guides the diplomatic missions of Vietnam abroad to gather information on the protection of copyright and related rights, to support and advice to organizations and individuals, Vietnam made the transactions relating to copyrights and related rights; support organizations, personal Vietnam protect legitimate rights and interests of copyright and related rights were exploited using abroad; working with the competent agencies of foreign countries to prevent the infringement of rights and legal interests of the Organization and individuals, Vietnam.

9. The Ministry of education and training, in collaboration with the Ministry of culture, sports and tourism to promote the teaching of copyright and related rights in the programme of education of University, College and high school professional.

10. press agencies at Central and local levels have the responsibility to: a) perform strictly legal obligations for authors, performers, producers of sound recordings, video recordings, broadcast organizations when exploits of their rights;

b) strengthen advocacy, popular education, the law on copyright and related rights; Open the categories introduced legislation on copyright and related rights; the Organization of the contest to learn about copyright and related rights.

11. Organizations and individuals, especially State authorities, organizations, unions, State enterprises must make exemplary legal obligations when using the works, performances, sound recordings, video recordings, broadcasts.

12. The collective management organizations of copyright and related rights must strive to act professional, have enough officers who are dedicated to understanding the law, qualified, professional expertise and skills to make good function, the Organization's mission; perform the collection and distribution of royalties, public transparency.

13. Under the guidance of the Ministry of culture, sports and tourism, the Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, the central cities of recurring annual report the implementation of the legal provisions on copyright and related rights of the Ministry of culture, sports and tourism to the synthesis report of the Prime Minister.


14. The Minister of culture, sports and tourism is responsible for tracking, urge and examine the implementation of this directive and report the results to the Prime Minister and the obstacles in the implementation process, propose measures to handle. Quarter of 2010 to sum a year make this directive, a report from the Prime Minister.

15. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this directive./.