The DECREE detailing and guiding the implementation of some articles of the civil code, the intellectual property Laws on copyright and related rights _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
The civil code base on Jun. 14, 2005;
Pursuant to the law on intellectual property on November 29, 2005;
Considering the recommendation of the Minister of culture and information, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope of this Decree, detailing and guiding the implementation of some articles of the civil code, the intellectual property Laws on copyright and related rights.
Article 2. The object of this Decree apply apply to organizations, individual Vietnam; organizations, foreign individuals have activities related to copyright and related rights.
Article 3. Protection of copyright and related rights 1. Copyright protection is the protection of the rights of the author with regard to the type of literature, art and science are the provisions of article 738 of the civil code and articles 18, 19 and 20 of the law on intellectual property.
2. the protection of related rights is the protection of the rights of performers for the performance; the rights of producers of sound recordings, recording for sound recordings, video recordings; the rights of broadcasting organizations with regard to broadcasts, satellite signals carry encryption programs are prescribed in article 745 746 747 and 748,, of the civil code and articles 29, 30 and 31 of the law on intellectual property.
Article 4. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The work di Guo works first published after the author has died.
2. The work anonymously authored no author name (or pen name) on the work when published.
3. Original works is a being exists the material on which the creative work is shaped first.
4. A copy of the work is a direct or indirect reproduction of part or all of the work. A copy of the work also is a copy of the work.
5. Shape is the expression in words written, other characters, lines, shapes, layout, colors, sounds, images or sounds, images reappear in the form of certain material from which can identify, reproduce or communicate.
6. Sound recordings, video recordings is the fixation of sounds, pictures of the performance or the sound, image, or shaping the replayed the sound, the picture is not the form of the shape associated with cinematographic or other audiovisual work.
7. A copy of a record, the record is a direct or indirect reproduction of part or all of a record, the record.
8. Publish the performance had shape or sound recordings, video recordings is putting a copy of the performance was shaped, recordings or video recordings to the public with the consent of the owners of related rights.
9. Re-broadcast is the broadcasting organization of a broadcast simultaneously broadcasts of a broadcasting organization. Reception is also re-broadcast.
10. Satellite signals carry encryption program is to bring the signal through the satellite program in the form in which the characteristics of sounds or images or both properties characteristic of which was the change aims to prevent the unauthorized collection program.
Article 5. The State's policy on copyright and related rights the State's policy on copyright and related rights specified in paragraph 2, 3 and 4 Article 8 of the law on intellectual property, including: 1. financial support to buy the rights for the Agency, State institutions have common tasks files , the performance, sound recordings, video recordings, broadcasts worth thought, science and the art of serving the public interest, in order to contribute to the socio-economic development.
The Ministry of culture and information, hosted, in cooperation with the Ministry of finance, the Ministry of planning and investment and the relevant agency Guide to financial planning (create, Fund resources), the mechanism made the purchase of copyright.
Ministry of culture-information browse catalog files in the support area to buy rights to the Agency, the Organization Department of the Central Government; The provincial people's Committee browse bibliography in an support bought the rights for the Agency, held in the locality.
2. investment priorities, training, fostering public servants do the management and enforcement of copyright and related rights from central to local level.
Focused training, fostering staff perform the task to protect the right of collective representation activities of copyright and related rights.
3. Prioritize research topics related to legislation, policy, mechanisms, applications of scientific-technical measures and technologies for the protection of copyright and related rights.
4. Enhance knowledge education on copyright and related rights in the school system.
The Ministry of education and training, in collaboration with the Ministry of culture and information, bringing the teaching content of copyright and related rights in the programme of education of the University, College and high school professional.
Article 6. Content and responsible governance on copyright and related rights 1. The unified Government in State management of copyright and related rights.
2. The Ministry of culture and information, responsible to the Government of the State management of copyright and related rights, have the following powers and duties: a) building, directs the strategic implementation, legislation, policy, mechanisms of protection of copyright and related rights;
b) issued, held and guide the implementation of the law on copyright and related rights in accordance with the law;
c) implementation of measures to protect the legal rights of the State, organizations, individuals in the field of protection of copyright and related rights;
d) management of copyright for works (including computer programs, data collection), rights in relation to the performance, sound recordings, video recordings, broadcasts belong to the State under the provisions of the law;
DD) regulating the supply, cooperation, and ensure the rights of the author for works and related rights for performers, sound recordings, video recordings, broadcasts;
e) building and the management of copyright and related rights; organizing the training of cadres, on copyright and related rights;
g) manage the operation of the representative organizations of copyright and related rights;
h) level, level back, change, cancel the certificate of registration of copyright, a certificate of registration of related rights and other procedure related to the certificate of registration of copyright, a certificate of registration of related rights;
I) set up and manage the national registry of copyright and related rights;
k) publish and distribute The report on copyright and related rights;
l) organizing, directing educational activities, advocacy, dissemination of knowledge, law, policy, mechanisms and operating statistics, information on copyright and related rights;
m) Organization, operations management expertise on copyright and related rights;
n) inspection, test, handle breaking the law on copyright and related rights; complaints, report on copyright and related rights;
o) make international cooperation on copyright and related rights.
3. The Ministry of culture and information, responsible to the Government, in collaboration with ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) in the management of copyright and related rights.

Copyright Department of literature-art is the Agency of the Ministry of culture-information to help the Minister of culture and information functions of State management of copyright and related rights. The Minister of culture and information, specifies the functions, duties and powers of the Bureau of copyright literature-art in the implementation of State management of copyright and related rights.
The Ministry of culture and information, in collaboration with the Ministry of science and technology policy and guidelines, the General Law on the protection of intellectual property rights, General information about intellectual property, made the general international cooperation projects on intellectual property, perform other general tasks under the direction of the Government.
4. The ministries, ministerial agencies, government agencies, provincial people's Committee in the scope of its powers, the mission is responsible, in coordination with the Ministry of culture and information in the management of copyright and related rights.
Article 7. The management authority of the state provincial people Committee 1. The provincial people's Committee has the following powers and duties: a) guide implementation of the legal provisions on copyright and related rights locally;
b text) issued by the authority to guide and steer the implementation of the provisions of the law, the policy on copyright and related rights consistent with the characteristics of the local situation;
c) Organization of activities for protection of copyright and related rights locally; Implementation of measures to protect the rights, legitimate interests of the State, organizations, individuals on copyright and related rights;
d) inspected, tested, processed under the jurisdiction of the complaints, accusations, in violation of the provisions of the law on copyright and related rights locally;
DD) instructions, receiving the application of copyright and related rights under the authority and provisions of law;
e) in collaboration with the Ministry of culture and information, the ministries, the provincial people's Committee involved in activity of protection of copyright and related rights.
2. The Department of culture and information helps provincial people's Committee to implement state management functions on copyright and related rights.
Chairman of the provincial people's Committee, specifies the functions, duties and powers of the Department of culture and information, the people's Committee at district level, in the implementation of State management of copyright and related rights.
Chapter II COPYRIGHT article 8. Author 1. The author is the person who directly create a part or the whole of literature, art and science include: a) individual Vietnam get copyright protection;
b) foreign individuals have a work to be creative and express the given material form in Vietnam;
c) foreign individuals have a work published for the first time in Vietnam;
d) foreign individuals was protected in Vietnam according to the international treaties on copyright to which Vietnam is a member.
2. organizations and individuals do the work support, feedback or provide material for others created the files not recognized is the author.
Article 9. The work manifests in the form of other characters of the work embodied in the form of other characters specified in point a of paragraph 1 Article 15 of the law on intellectual property is represented by the symbols instead of text as Braille for blind people, symbol shorthand and other similar symbols to which the object approaches can be copied in many forms different.
Article 10. Lectures, speeches and other lecture 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.
Article 11. The press works the press works specified in point c of paragraph 1 of article 14 intellectual property Law including the category: reportage, fast recording, narration, interviews, reflections, investigations, comments, editorials, monographs, newspapers and other journalistic genres to post, print , report says, quote forms, electronic or other media.
Article 12. Music files music files specified in point d of paragraph 1 of article 14 intellectual property Law is expressed in the form of musical pitches in music or other music characters with or without lyrics, does not depend on the work performed or not performed.
Article 13. Stage works stage works specified in point of law, article 14 paragraph 1/e intellectual works in the performing arts, including plays (drama, music, dance, theatre, pantomime), circus, dance, puppetry and other theatrical works.
Article 14. Cinematographic works and works that are created according to the same methodology specified in point e article 14 paragraph 1 of the law on intellectual property, as these works are composed by series of consecutive pictures that create motion effects accompanied or not accompanied by sound , is shown on a certain material and can distribute, communicate to the public by the engineering equipment, technology, including the type of feature films, documentaries, science movies, cartoons and other similar types.
Article 15. Works of fine art applications 1. Create image files specified in point g clause 1 article 14 of the law on intellectual works are shown by contours, colour, shape, layout such as: painting, graphics, sculpture, installation art and other forms of expressing similar, exists as a standalone. Particularly for graphics type, can be made to the second edition of 50, numbered the order signed by the author.
2. Works of applied arts specified in point g clause 1 article 14 of the law on intellectual works are shown by contours, colour, shape, layout with useful features can be attached to a useful objects, are mass-produced by hand or by machine as : logos; handicraft goods; the form displayed on the product, the product packaging.
Article 16. Photographic works photography works specified in point h article 14 paragraph 1 of the law on intellectual works embodied the image of the world objectively on the morning of commencement or materials on the means by which the image is created or can be created by any technical methods (Chemistry electronic, or other methods).
Static image is removed from a film or work of similar movies are not considered photographic works that are part of that movie.
Article 17. Architectural work architectural works specified in point i of article 14 paragraph 1 intellectual property Law is the design drawings in any way expressing creative ideas about the houses, buildings, space planning (construction planning) has or has not yet built. Architectural works include the design drawings of the premises, the facade, cross-section, perspective, demonstrating creative ideas about the House, works, architectural works, organization of space, landscape architecture of a region, a town, municipality of system functional areas, municipalities, rural residential areas.
Model, sa discusses the House, building or space planning are considered independent architectural works.
Article 18. A chart, diagram, map, drawing A chart, diagram, map, drawing specified in point k of article 14 paragraph 1 intellectual property Law including chart, a diagram, a map, a drawing related to the terrain, the kind of scientific work and architecture.
Article 19. Copyright for works of cinema, theatrical works

1. Cinematographic, theatrical collective created by the author. Participants in the creative works of cinema, stage the provisions in clause 1 of article 21 intellectual property Law are entitled to the right to the respect of his creations as defined in clause 1, 2 and 4 Article 19 of the law on intellectual property.
The producer, Director, script author may agree on the implementation of the right to name the works prescribed in clause 1 article 19 of the law on intellectual and the repair script works prescribed in paragraph 4 to article 19 of the law on intellectual property.
2. organizations, personal financial investment and material-technical base to produce cinematic works, staged theatrical works specified in paragraph 2 of article 21 intellectual property Law is the owner of the rights stipulated in paragraph 3 article 19 and article 20 of the law on intellectual property.
The Organization, personal financial investment and material-technical base to produce cinematic works, staged theatrical works can agreement on the implementation of the rights stipulated in paragraph 3 article 19, article 20 of the law on intellectual property and the obligation stipulated in paragraph 3 article 21 of the law on intellectual property.
Article 20. Using literature, folk art 1. Literature, folk art defined in points a, b, c paragraph 1 Article 23 of the law on intellectual property protection does not depend on the shape.
2. use of works of folk art, the provisions in clause 2 Article 23 of the law on intellectual property, is the study of the collection, about the true value of literary works, folk art.
3. The use of works of folk art, the provisions in clause 2 of this are agreement on the compensation for the retention of literary works, folk art and enjoy the right to author for the research collections, his introduction.
4. References made in this kind of literature, folk art prescribed in clause 2 Article 23 of the law on intellectual property is to specify the locations of the community residents where literature, folk art is formed.
Article 21. The object does not belong to the scope of protection of copyright 1. Pure news coverage stipulated in paragraph 1 article 15 of the law on intellectual property, is the short daily press information, only a Messenger has no creativity.
2. administrative documents prescribed in clause 2 article 15 of the law on intellectual property, including documents of State agencies, political organizations, social-political organizations, political-social organizations-career, social organization, social-professional organization, economic organization, the people's armed units and other organizations under the provisions of the law.
Article 22. Human rights body 1. Naming rights for the work prescribed in clause 1 article 19 of the law of intellectual property does not apply to works translated from that language into another language.
2. The right to publish a work or allow others to publish the work prescribed in clause 3 article 19 of the law on intellectual property, is the release of files to the public with a number of copies sufficient to satisfy the reasonable demands of the public according to the nature of the work, by the author the copyright owner, or by the individuals and organizations made with the consent of the author, the copyright owner.
Published the work does not include work performed a work of theatre, cinema, music; public reading a work of literature; broadcast works, art; works created; construct buildings from the architectural work.
3. The right to protect the integrity of the work, not for others to repair, trim the work prescribed in clause 4 Article 19 of the law on intellectual property is not for others to repair, trim the work unless otherwise agreed upon by the author.
4. Authors of computer programs and the investments in production of computer programs can agree on the naming and the development of computer programs.
Article 23. Property rights 1. The right to work in public performances specified in point b of paragraph 1 of article 20 intellectual property Laws because copyright owners exclusive rights to make or allow others to perform work performed directly or through your recording program, recording or any technical means that the public can access.
In this paragraph, of performing public works involves performances of compositions in anywhere except in the family.
2. Copy Rights specified in point c paragraph 1 of article 20 intellectual property Law is the right of copyright owners exclusive rights to make or allow other people to make the creation of copies of the work by any means or in any form, including the regular or temporary storage of works in electronic form.
3. The right to distribute the original or a copy of the work specified in point d of paragraph 1 of article 20 intellectual property Law is the right of copyright owners exclusive rights to make or allow others to perform by any technical means, forms that the public can access are for sale , lease or other transfer forms the original or a copy of the work.
For works, photographic works, the right of distribution includes the display, exhibited in public.
4. The right to communicate the work to the public by means of wireline, wireless, electronic information network or any other technical means prescribed in paragraph 1 of article 20 of law DD intellectual proprietary rights is performed by the owner of copyright or allow others to perform to bring the work or copies of the work to the public that the public can access at the venue and the main time they choose.
5. right of rental of the original or copies of works, computer programs specified in point e article 20 paragraph 1 of the law of intellectual property due to copyright owners exclusive rights to make or allow other people to make the lease to use the term.
Do not apply the rights with respect to rental of computer programs, when the program itself is not the principal audience for such rental of computer programs associated with the normal operation of means of transportation as well as machinery and other technical equipment.
Article 24. Sensible citations and to import copies of the work 1. Quoting reasonable work without doing wrong author to comment or shown in his works specified in point b of article 25 paragraph 1 of the law on intellectual property must conform to the following conditions: a) excerpt only aims to introduce, comment or clarify the problem mentioned in his works;
b) the number and the substance of the section quoted from the work is used to cite is not prejudicial to the rights of the author for works used to cite; consistent with the nature and characteristics of the type of work being used to cite.
2. Import copies of the work of others to use the provisions of article 25 paragraph 1 k point of intellectual property Law applies only to imported case not too a.
3. use of works in the cases specified in article 25 paragraph 1 of the law of intellectual property does not apply to architectural works, writings, computer programs.
Article 25. Copying files 1. Manually copy a specified in point a of paragraph 1 article 25 of the law of intellectual property apply to the case of scientific research, the teaching of individuals for commercial purposes.

2. Copy the files to store in the library to research purposes specified in point of Law article 25 paragraph 1/e intellectual is no more than a copy. The library is not to copy and distribute copies of the work to the public, including the digital copies.
Article 26. The term of protection of copyright 1. 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.
2. the term 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.
3. From the date of the law on intellectual property, effective on 1 July, 2006, the term of protection for photographic works, works of applied arts is calculated according to the provisions in paragraph 2 of this Article.
Article 27. The owner of copyright of the owner of copyright of the provisions of article 36 of the law on intellectual property, including: 1. organizations and individuals, Vietnam;
2. organizations and individuals have foreign work is creative and can be in the form of certain material in Vietnam;
3. organizations and individuals, foreign works first published in Vietnam;
4. organizations and individuals, foreign works are protected in Vietnam according to the international treaties on copyright to which Vietnam is a member.
Article 28. The owner of the copyright for the work anonymously 1. The work anonymously as defined in art. 1 Article 42 of the law on intellectual property owned by the State.
2. where the work anonymously because the Organization, individuals are managing the Organization, that individual is entitled to the rights of the owner.
3. When the identity of the true owner of the work is determined then the ownership belongs to the owner of it, since the identity of the owner is determined.
Article 29. Use the State-owned works 1. Individual organization when using state-owned works specified in point a, b paragraph 1 Article 42 of the law on intellectual property, except in the case prescribed in clause 2 and 3 Article 28 of this decree must perform the following obligations: a) for permission to use;
b) the payment of royalties, remuneration, other material benefits;
c) submit a copy of the work within a period of thirty days from the date of dissemination, circulation.
2. organizations and individuals implement the obligation stipulated in paragraph 1 of this article in the Copyright Department of literature-art.
3. The Copyright Bureau of literature-arts is responsible for receiving the transferred copyrights under any kind of organizations, individuals specified in point c paragraph 1 Article 42 of the law on intellectual property under the provisions of the law.
The Ministry of culture and information and the Ministry of Finance regulates financial management mode specified in point b of paragraph 1 of this article.
Article 30. Use the works belong to the public 1. The Organization, individuals using the work belongs to the public stipulated in article 43 of the law on intellectual property must respect personal rights prescribed in clause 1, 2 and 4 Article 19 of the law on intellectual property.
The owner of the copyright for the works belong to the public do not enjoy the right of publication prescribed in clause 3 article 19 and the property rights provisions in article 20 of the law on intellectual property.
2. The State bodies, organizations, individuals with the relevant rights and obligations when the personal rights infringement as defined in paragraph 1, 2 and 4 Article 19 of the law on intellectual property, for works that ended the term of protection shall have the right to ask who has the infringement terminated the infringement , the main public apology, compensation for damage; complaint, report, ask the competent State agency handles. Depending on the nature and extent of invasion, the hosted, individual violations may be dealt with according to the law of civil, administrative or criminal.
The social-political organization-career, social-professional organization, representative organizations of copyright and related rights have the right to request the competent State bodies to protect the rights of identity for the works of the members ended the term of protection.
Chapter III RIGHTS IN RELATION to article 31. Performer's rights 1. Copy directly the performance was shaped on a recording, recording as specified in point b of paragraph 3 to article 29 of the law on intellectual property, is creating another copy from the audio recording, record it.
2. copy indirectly the performance was shaped on a recording, recording as specified in point b of paragraph 3 to article 29 of the law on intellectual property, is the creation of other copies from the audio recording, record it as the copy from the electronic information network the program, broadcast network services, telecommunications and other similar forms.
3. the other way of Communication to the public demonstration yet to be shaped to the provisions in point c paragraph 3 to article 29 of the law on intellectual property, is the popular demonstration yet to be shaped to the public by any technical means would also broadcast.
Article 32. Use related rights do not have to ask permission, do not pay royalties, remuneration of the use cases and related rights not commercial purposes, does not have to ask permission, pay royalties, remuneration, including: 1. Order a copy for the purposes of scientific research of the individuals specified in art. 32 of the law Things intellectual.
2. Order a copy for the purposes of instruction, except where the performance, sound recordings, video recordings, broadcasts were announced to the teaching provided for in point b paragraph 1 to article 32 of the law on intellectual property.
Article 33. Quoting reasonable quote reasonable aims to provide the information specified in point c of paragraph 1 to article 32 of the law on intellectual property, is the use of the plain purpose of excerpts, must conform to the following conditions: 1. the quoting referral purposes only , comment or clarify the problem in the provision of information;
2. The number and substance of the section quoted from the performance, sound recordings, video recordings, broadcasts are not prejudicial to the rights of performers, the rights of producers of sound recordings, video recordings, of the rights of broadcasting organizations with respect to the performance, sound recordings, video recordings, broadcasts are used to cite; consistent with the nature and characteristics of the performance, sound recordings, video recordings, broadcasts are used to cite.
Article 34. A temporary copy temporary copies of broadcast organizations enjoy the right to broadcast prescribed in Article 32 paragraph 1 d of the law on intellectual property is the term fixation, broadcasting organization done by means of its equipment, for soon after broadcasts of broadcasting organizations main. In special cases, the copy that is stored in a central archive.
Article 35. Use sound recordings, recorded 1. Use live recordings to record has been published for commercial purposes to make broadcasts available to sponsor, advertise or collect money under any form stipulated in art. 33 Articles of the intellectual property Law is the Organization of the broadcast recordings , record it to broadcast by means of radio or land line, including the transmission via satellite, digital environment.

Indirect use of sound recordings, video recordings have been published for commercial purposes to make broadcasts available to sponsor, advertise or collect money under any form stipulated in art. 33 Articles of the intellectual property Law is the next wave program was broadcast; transfer program in digital broadcast environment.
2. Use sound recordings, video recordings have been published in business, commercial activity specified in point b of paragraph 1 to article 33 of the law on intellectual property, is the Organization, personal use directly or indirectly the recording, to record has been published for use in the restaurant , hotels, shops, supermarkets; business karaoke service, postal services, telecommunications, digital environment; activities in tourism, aviation, transport and business activities, other trade.
3. The entitled remuneration of performers in the case of sound recordings, recorded using the provisions of article 33 of the law on intellectual property, subject to the agreement of the performers with the producers of sound recordings, recorded when done recording program, recording.
The ratio of the Division of royalties, remuneration and other material benefits by the rights owner or representative organizations of copyright and related rights agreement.
Representative organizations of copyright and related rights may be entrusted to a collective representative organizations of copyright and related rights made the collection and distribution of royalties, remuneration and other material benefits. Representative organizations of copyright and related rights was entrusted to a certain fee according to the agreement.
Article 36. Owner owner broadcasts of broadcasting program prescribed in paragraph 3 Article 44 of the law on intellectual property was held broadcast financial investment and infrastructure-technical to his broadcast.
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.
Chapter IV REGISTRATION of COPYRIGHT and related rights Article 37. Register of copyright and related rights 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 the Organization, the other individual applicant register of copyright and related rights in the copyright Bureau-art or literature can apply at the Department of culture and information, where the author , the owner of copyright, related rights holders are resident or headquartered.
2. Individuals, legal entities are foreign works, performances, sound recordings, video recordings, broadcasts are protected copyright, related rights specified in paragraph 2 to article 13 and article 17 of the law on intellectual property directly or delegated to the advisory organization, copyright services related rights apply copyright and related rights in the Copyright Department of literature-art or at the Department of culture and information, where the author, the copyright owner, the owner of the relevant rights of residence or headquarters.
Article 38. A copy of the work registered copyrights, copy a shape the performance, recording program, recording the broadcast program, registration and related rights 1. Copyright Department of literature-arts is responsible for keeping a copy of the work registered the copyright, a copy of the registered object fixation related rights specified in point b of paragraph 2 to article 50 of the law on intellectual property, after the certificate of registration of copyright , The certificate of registration of related rights.
2. A copy of the registration of copyright of works under the provisions of point b item 2 Article 50 of the law on intellectual property be replaced by three-dimensional photography for special private works such as paintings, statues, monuments, reliefs, murals in association with architectural works; the work has a size too big, bulky.
Article 39. The certification authority of copyright registration, the registration certificate and related rights 1. Copyright Department of literature-art authorities, again, change, cancel the validity of registration certificate of copyright registration certificates, and related rights provided for in paragraph 1, 2 things of intellectual Law 51.
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 the profile according to the provisions of article 50 of the law on intellectual property;
b) Directorate of copyright of literary-artistic level certificate of copyright registration, certificates of registration of related rights in case a certificate of copyright registration, certificates of registration of related rights is lost; change the certificate of registration of copyright, a certificate of registration of related rights in case of being torn, damaged or change the owner of the copyright and related rights;
c) Directorate of copyright literature-art cancel certificate of copyright registration, certificates of registration of related rights in cases pinpoint who has been issued a certificate of registration of copyright, a certificate of registration of related rights is not the author, the owners and the case files , the performance, sound recordings, video recordings, broadcasts have registered not subject for protection under the provisions of the law.
2. The Department of culture and information after receiving the application, again, change the certificate of registration of copyright, a certificate of registration of related rights under the provisions of the law, to transfer the copyright Bureau-art literature review, resolved by the authority.
The Department of culture and information have a responsibility to move for the Organization, individuals applying immediately after receiving the results of the review, the Bureau resolved A copyright literature-art.
3. organizations and individuals have the obligation to submit the fees when conducting the procedures relating to copyright and related rights Copyright Bureau for literature-art according to legal provisions.
4. The Ministry of culture-information issued the registration form, certificate of registration of copyright, a certificate of registration of related rights.
Article 40. Valid certificate of copyright registration, certificates of registration of related rights The type certificate of copyright by the copyright protection of Vietnam, the Vietnam copyright protection, copyright Bureau, copyright Bureau of literature-arts-level before the civil code and the intellectual property Laws in force still continue maintained in force.
Chapter V ORGANIZATION of COLLECTIVE REPRESENTATION, CONSULTING services, COPYRIGHT and related rights Article 41. Representative organizations of copyright and related rights 1. 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) the representative organizations of copyright and related rights should be the author, the owners of copyright and related rights authorization;
b) representative organizations of copyright and related rights is authorized to represent the author, the owners of copyright and related rights with respect to the management of a right, a group specific rights;
c) the collection, distribution of royalties, remuneration and other material benefits arising from the exploitation of rights, group rights specified in the Charter of the Organization's activities represented the collective copyright and related rights;

2. The Ministry of culture-information guide the Division of royalties, remuneration and other material benefits with respect to the case of the author, the owners of copyright and related rights has not yet authorized for collective representative organizations of copyright and related rights.
3. 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 may agree to a negotiation on behalf of the organization permission to use , currency and divided the money, reported the Ministry of culture-information before execution.
4. representative organizations of copyright and related rights must prepare a report, for information, the Bureau copyright literature-art periodically six months, one year or extraordinary about the activities of his organization.
Article 42. Consulting, service organizations of copyright and related rights 1. Consulting, service organizations of copyright and related rights was established under the provisions of paragraph 1 to article 57 of the law on intellectual property, when the head of the Organization and personal counseling services, copyrights and related rights meets the following conditions: a) Is the population of Vietnam , has the capacity for civil acts in full;
b) resident in Vietnam;
c) with a university degree in law.
2. Prepare reports, information for the Directorate of copyright literature-art periodically six months, one year or extraordinary about the consulting activities, the service of copyright and related rights.
Chapter VI protection of COPYRIGHT and related rights Article 43. The right to protection 1. Technological measures to prevent infringement of copyright and related rights stipulated in art. 198 Articles of the intellectual property Law is the right holder may take the rights management information attached to the original or copies of works, sound recordings, video recordings the program, broadcast; put the right management information appears together with the communication of the work to the public in order to determine the work, the author of the work, the owner of rights, information about the duration, conditions of use of the work, and any numbers or codes, symbols expresses that information to protect the rights of authors and related rights. At the same time the right subject can apply technological measures to protect rights management information, prevent the access files, illegal exploitation of his ownership in accordance with the law.
2. The owner of rights may apply other measures prescribed in clause 1 Article 198 of the intellectual property Law to protect the rights and legitimate interests.
Article 44. Civil rights on copyright and related rights 1. The following entities have the right to sue in the courts of competent jurisdiction in order to protect legitimate interests, rights related to copyright and related rights: a) author;
b) owners of copyright and related rights;
c the legal heirs of) the author or the owner of the copyright and related rights;
d) individuals, the Organization transferred the rights of owners of copyright and related rights;
DD) Organization, personal use of the work under the contract;
e) performers;
g) producers of sound recordings, video recordings;
h) broadcast organizations;
I) representative organizations of copyright and related rights to be entrusted;
k) The subject of other rights prescribed by law.
2. State bodies, related institutions within the scope of the task, their powers have the right to sue the civil case to ask the courts to protect the public interest, the interests of the State in the field of copyright and related rights.
Article 45. Complaints, accusations related to the registration of copyright and related rights 1. The following people have the right to file a complaint, report: a) the author, the copyright owner, the owner of the relevant rights, organizations, individuals are authorized to have the right to complain the level, level back, change, cancel the certificate of registration of copyright, a certificate of registration of related rights;
b) any third party would also have the right to denounce the certificate of registration of copyright, a certificate of registration of related rights.
2. The procedure of complaints, accusations are specified as follows: a) Who complain about the registration of copyright and related rights must have sent the copyright Bureau of literature-art. In the application stating the date, month and year of the complaint; name, address of the complainant; the Agency's name, address, organization, individuals complained of; the content, the reason for the complaint and the complainant's request. The complaint must be signed by the complainant. Attached to the complaint is the document such as a certificate of copyright registration, the registration certificate and related rights, or decide to cancel, refuse to grant writing, grant again, change the certificate of copyright registration, the registration certificate and related rights and the documents other relevant evidence;
b) The accused must have submitted the competent State bodies. In the application stating the date, month and year of report; name, address of the accused; the Agency's name, address, organization, individuals reported; the content, the reason to report and request of the accusations. Denunciation by the accusations. Attached report is the document, relevant evidence.
3. Within the time limit prescribed by the law on complaints and denunciations, the copyright Bureau of literature-arts, Ministry of culture-information or competent State bodies must respond in writing to the complainant, the accused.
4. where does not agree with the opinion of the copyright Bureau of literature-arts, Ministry of culture-information or competent State agencies, the complainant, the accused has the right to complain, report to the authority as prescribed by law.
Chapter VII ENFORCEMENT PROVISIONS Article 46. Transition period 1. Copyright and related rights are protected under the provisions of the laws in force before the date of the intellectual property Laws in force, if the longer term of protection on the intellectual property Legislation in force shall continue to be protected under the provisions of intellectual property Law.
2. The application of copyright and related rights were submitted to the competent authority before the intellectual property Laws in force are further processed according to the provisions of the laws in force at the time of filing.
3. Any infringement of copyright, related rights or breach of contract made before the date of the law on intellectual property, the effect will be handled in accordance with the law, has the current value at the time of infringement.
Article 47. Effective enforcement of this Decree has effect after 15 days from the date The report. This Decree replaces Decree No. 76/CP dated 29 November 1996 of the Government guidelines for implementing some of the provisions on copyright in the civil code.
Article 48. 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 and information, is responsible for guiding the implementation and organization of the implementation of this Decree.