Intellectual Property
Decree No. 85/2011/ND-CP amending and supplementing Decree No. 100/2006/ND-CP

Decree No. 85/2011/ND-CP amending and supplementing Decree No. 100/2006/ND-CP

Update: 6/3/2017 | 3:14:35 PM - Dragon Law Firm

To amend and supplement a number of articles of the Decree No.100/2006/ND-CP detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law regarding copyright ...

 

THE GOVERNMENT
-------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------

No. 85/2011/ND-CP

Hanoi, September 20, 2011

 

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 100/ 2006/ND-CP OF SEPTEMBER 21, 2006, DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE CIVIL CODE AND THE INTELLECTUAL PROPERTY LAW REGARDING COPYRIGHT AND RELATED RIGHTS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Civil Code;

Pursuant to the November 29, 2005 Law on Intellectual Property;

Pursuant to the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;

At the proposal of the Minister of Culture, Sports and Tourism,

DECREES:

Article 1. To amend and supplement a number of articles of the Government's Decree No. 100/2006/ND-CP of September 21, 2006, detailing and guiding a number of articles of the Civil Code and the Intellectual Property Law regarding copyright and related rights:

1. To add the following Clauses 11, 12, 13, 14 and 15 to Article 4:

"11. Work of a foreign organization or individual first published in Vietnam means a work which is not yet published elsewhere prior to its publication in Vietnam.

12. Simultaneous publication means the publication of a foreign organization's or individual's work in Vietnam within 30 days after it is first published elsewhere.

13. Royalty means a sum of money paid by a party that uses a work to its author or copyright holder in order to acquire the authority to use such work.

14. Remuneration means a sum of money paid by a party that uses a work to its author or copyright holder; or by a party that uses a performance to performers who carry out creative activities to convey a copyrighted work to the public.

15. Material benefits means a sum of money paid by a party that uses a phonogram or video recording to its producer or by a party that uses a broadcast to the broadcasting organization.

Other material benefits mean economic advantages which authors, copyright holders and related right holders are entitled to, in addition to royalty, remuneration, and material benefits, such as prizes, gift books, invitation tickets to performances, public presentation of cinematographic works, work displays or exhibitions and interests in other related material forms."

2. To amend Article 10 as follows:

"1. Lectures, addresses and other sermons specified at Point b, Clause 1, Article 14 of the Intellectual Property Law constitute a genre of work presented in spoken languages and must be fixed in a certain material form.

2. In case authors fix their lectures, addresses and other sermons in the form of phonogram or video recording, they are entitled to copyright to such lectures, addresses and sermons and, at the same time, hold rights to such phonograms or video recordings according to Clause 2, Article 44 of the Intellectual Property Law."

3. To add the following Article 19a below Article 19:

"Article 19a. Copyright to computer programs

1. Authors of computer programs defined at Point m, Clause 1, Article 14, and Article 22 of the Intellectual Property Law are entitled to moral rights specified in Clauses 1, 2 and 4, Article 19 of the Intellectual Property Law.

When signing contracts on creation of computer programs, organizations or persons that provide funds and physical and technical foundations for creation of computer programs, and authors of such programs may reach agreement on the right to title such programs specified in Clause 1, Article 19 of the Intellectual Property Law and the modification and upgrading of such programs specified in Clause 4, Article 19 of the Intellectual Property Law.

2. Organizations or persons that provide funds and physical and technical foundations for creation of computer programs are copyright holders and entitled to the publication right and exclusive economic rights specified respectively in Article 19 and Article 20 of the Intellectual Property Law.

 

Authors of computer programs are entitled to royalty and other material benefits as agreed with copyright holders.

....

Download here.

14. To replace the phrase "Ministry of Culture and Information" with the phrase "Ministry of Culture, Sports and Tourism."

To replace the phrase "provincial-level Culture and Information Department" with the phrase "provincial-level Culture, Sports and Tourism Department."

Article 2. Effect

This Decree takes effect on November 10, 2011.

Article 3. Implementation responsibilities

1. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees and organizations and persons with related rights and obligations shall implement this Decree.

2. The Minister of Culture, Sports and Tourism shall guide and organize the implementation of this Decree.-

 

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

Download
Other News

Law on Entry, Exit, Transit, Residence of Foreigners in Vietnam 2014

Law on Entry, Exit, Transit, Residence of Foreigners in Vietnam 2014

This Law deals with the rules, conditions, procedures , rights and obligations of foreigners who enter, leave, and reside in Vietnam; rights and obligations of Vietnamese authorities …

Decree No.03/2017/ND-CP on Casino Business

Decree No.03/2017/ND-CP on Casino Business

This Decree provides for casino business and the management thereof and penalties for administrative violations against regulations on casino business in Vietnam.

Law on adoption

Law on adoption

This Law provides the principles and conditions for adoption; competence, order and procedures for settling adoptions; rights and obligations of adoptive parents, adopted children and natural parents; and responsibilities of agencies and organizations in adoption...

No.5122/BKHDT-PC planning for implementation Investment Law

No.5122/BKHDT-PC planning for implementation Investment Law

The Ministry of Planning and Investment requests People’s Committees of centrally-governed cities and provinces – The Departments of Planning and Investment of centrally-governed cities and provinces ...

Decree 88/2010/ND-CP

Decree 88/2010/ND-CP

This Decree details and guides a number of articles of the Law on Intellectual Property and the Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property regarding rights to plant varieties...

Civil Code 2015

Civil Code 2015

Issue Date: 24/11/2015 Effective Date: 01/01/2017 Status: Available Update: 23/02/2016

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

Circular No.143/2016/TT-BTC on Representative Office for Foreign Traders ...

This Circular deals with regulations on payers, collectors, fees for processing of applications for the license to establish representative offices of foreign trade promotion organizations or foreign traders in Vietnam, and the collection and transfer thereof.

Resolution No.01/2014/NQ-HDTP Guidelines for Law on Commercial Arbitration

Resolution No.01/2014/NQ-HDTP Guidelines for Law on Commercial Arbitration

This Resolution provides guidelines for some regulations of LCA on the entitlements and proceedings of Courts applied to arbitration; registration of arbitral awards...

Decree No.69/2016/ND-CP Requirements for Running Debt Trading Service

Decree No.69/2016/ND-CP Requirements for Running Debt Trading Service

This Decree provides for requirements for running debt trading service in the territory of the Socialist Republic of Vietnam ...

Labor Code 2012

Labor Code 2012

The Labor Code provides labor standards; rights, obligations and responsibilities of employees, employers, employees’ representative organizations and employers’ representative organizations in industrial relations and other relations directly related to industrial relations; and state management of labor.

Back To Top