deceptive behaviors in the copyright registration process in Vietnam, deceptive behaviors in copyright in Vietnam, copyright registration process in Vietnam, deceptive behaviors in Vietnam,

Deceptive behaviors in the copyright registration process in Vietnam

What is copyright? What are the deceptive behaviors in the copyright registration process?

What is Copyright?

Copyright is the right of organizations or individuals over works they create or own, as defined by the Intellectual Property Law of 2005 (amended and supplemented in 2009, 2019). Copyright arises from the moment a work is created in any form, and it exists without the need for registration. However, registering copyright is recommended as it allows the owner to record information about the author and the work in Vietnam’s Copyright System.

In case of disputes, copyright owners will have a better foundation to protect their rights against infringements or take actions such as objections and revocations of protective validity for their works.

Various types of works are protected under copyright, including:

  • Literary, scientific works, textbooks, teaching materials, etc.
  • Lectures and speeches
  • Musical works
  • Journalistic works
  • Theatrical and cinematographic works
  • Fine arts, photography, architecture
  • Maps
  • Folk art works
  • Computer programs

Deceptive and Violative Actions

There are various forms of copyright infringement, such as:

  • Infringement of moral rights of the author, specifically: infringing the right to use one’s name, the right to be properly credited, the right to publish the work, the right to protect the work for others without distortion, etc.
  • Infringement of economic rights of the author: infringing the right to present the work publicly, copying a portion of the work, the right to distribute the work to the public, broadcasting and leasing the original work, etc.
  • Additionally, other actions include impersonating the author, using works for profit without permission, altering and distorting works for profit, creating derivative works without permission, copying works, etc.

The process of dealing with copyright infringement varies depending on the situation and the country’s legal framework. In recent years, there have been updates to copyright laws, including provisions for criminal penalties for copyright infringement.

The process of author copyright registration and deceptive behaviors in the registration process

There are several steps for the copyright registration process as follows:

Step 1: Prepare the copyright registration dossier including:

Copyright registration declaration form according to the template: written in Vietnamese, completed within a specific time, summary content, author’s name, location, power of attorney (if any), and consent of owners and co-authors.

Step 2: Submit the registration dossier: in person, by post, online submission

Step 3: Return of results: Results will be returned within 15 working days

If the application is rejected, the state management agency will provide a written notice with reasons to the applicant

If the application is valid, the state management agency will be responsible for copyright registration and issue a related registration certificate to the applicant.

Deceptive behaviors are actions that bypass the steps outlined above. Deceptive behaviors can include bribery, fraud in the application process, for example, an invalid document in terms of form can still be approved due to illegal tactics.

Furthermore, Deputy Director of the Copyright Office noted: “Many legal consulting firms lack understanding of the law, leading to difficulties for individuals and organizations in the digital environment. This can be a basis for elements to bypass legal processes.”

Specifically, deception in the registration process may involve submitting works not created by oneself.

Additionally, an individual might deceive in registering copyright to misuse this right, for instance, to control, obstruct, or demand ownership of related works that they do not have the right to.

There are also cases of individuals using forged documents or providing false information. Moreover, they may register copyright with the intent of commercial fraud.

Penalties for copyright infringement

Currently, the maximum administrative fine for copyright infringement against individuals is 250 million VND, and for organizations, it’s 500 million VND, which is considered not deterrent enough.

Recently, there have been some changes, such as Article 225 of the 2015 Penal Code, amended and supplemented in 2017, which also provides regulations on the crime of copyright and related rights infringement. It can lead to criminal liability if violated, or administrative penalties, which are also forms of texts that can protect copyright.

These are the fundamental rules for protecting copyright and related rights. Additionally, increasing penalties for each case of copyright infringement, specifically administrative penalties (more serious offenses may carry heavier penalties), has been emphasized as necessary.

The law amending and supplementing some articles of the Intellectual Property Law, which was passed by the National Assembly on June 16, 2022, has been in effect since January 1, 2023. Specifically, members of the drafting committee and editorial team were required to study carefully and clarify acts of copyright infringement and administrative penalties for copyright infringers.

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.


    Your infomation

    ***Other service of ASL LAW – full service Vietnam law firm ***
    Retainer service to enterprises International trademark registration
    Oversea investment consultancy for Vietnamese enterprisesPatent in Vietnam
    PCT Patent in Vietnam PCT Patent Vietnam Entry
    Intellectual property services (Vietnam IP Firm) Vietnam Patent Agent
    Trademark in Vietnam Vietnam Patent Firm
    Vietnam Trademark Agent Patent translation in Vietnam
    How to register trademark in Vietnam Vietnam Patent Translation Agent
    Copyright in Vietnam Vietnam IP Firm
    Vietnam Trademark Vietnam IP Agent
    Notes to company formation in VietnamM&A
    How to open company in VietnamBanking & financial services
    Open representative office in VietnamContract consultancy
    Establish company in VietnamEmployment and labor
    Corporate services in VietnamLitigation and dispute resolution
    Vietnam Law FirmFranchise in Vietnam
    Vietnam Antidumping Law Firm Vietnam Franchise registration
    Vietnam countervailing law firm Vietnam Business Law Firm
    Vietnam Real estate law firm Vietnam construction law firm
    Law firm in Hanoi Law Firm in Ho Chi Minh

    Contact Me on Zalo
    WhatsApp chat