Tiếng Việt
中文 (中国)
日本語
Collective Management Organizations (CMOs) play a crucial role in protecting and commercializing the rights of authors, artists, producers, and other right holders. In Vietnam in 2025, these organizations operate under the Intellectual Property Law, responsible for licensing, collecting usage fees, and distributing royalties to rights holders.
Additionally, they assist in enforcing rights and protecting members against infringement. Understanding their operational mechanisms allows creators and stakeholders to safeguard their rights in an evolving legal environment.
Fundamentals of Collective Management Organizations in Vietnam (2025)
A Collective Management Organization (CMO) for copyright and related rights is a voluntary, self-financed, and non-profit entity established by agreement among authors, copyright owners, and related rights holders. These organizations operate under legal regulations to manage assigned copyright and related rights and are supervised by the Ministry of Culture, Sports, and Tourism.
CMOs perform the following activities based on written authorization from authors, copyright owners, and related rights holders:
a) Managing copyright and related rights, negotiating licenses, collecting, and distributing royalties and other financial benefits from the authorized rights;
b) Protecting members’ rights and interests and facilitating dispute resolution through mediation.
Rights and Obligations of Collective Management Organizations in Vietnam
CMOs have the following rights and obligations:
a) Ensure transparency in their management and operations towards government authorities, authorized rights holders, and users of copyrighted works;
b) Establish a registry of:
- Authors and rights holders who have authorized the organization;
- Works, performances, sound recordings, broadcasts managed by the organization;
- Scope of authorization, validity of agreements, and revenue collection and distribution records;
c) Develop royalty rates and payment methods, submit them for approval to the Minister of Culture, Sports, and Tourism, based on principles outlined in Article 44a(3) of the law;
d) Collect and distribute royalties according to:
- The organization’s charter and authorization agreements;
- Agreed rates, percentages, payment methods, and schedules;
- Transparency principles set by the law.
Royalties collected from foreign or international organizations are managed under foreign exchange regulations.
e) Retain a portion of collected royalties for operational expenses, based on agreements with rights holders. The retained amount can be adjusted through mutual agreement and calculated as a percentage of total revenue;
f) Distribute royalties to rights holders after deducting agreed operational costs;
g) Submit annual and ad hoc reports to relevant state authorities and comply with government audits and inspections;
h) Support cultural development, encourage creativity, and engage in social activities;
i) Cooperate and sign reciprocal agreements with foreign CMOs and international organizations for copyright and related rights protection;
k) Establish an organizational structure that ensures rights holders can nominate, vote for, and be elected to leadership, management, and oversight positions within the organization.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
