CHAPTER V: Certificates of Registered Copyright and Related Rights (Law no. 50/2005/qh11 on intellectual property)

CHAPTER V
Certificates of Registered Copyright and Related Rights

Article 49 Registration of copyright and related rights

1. Registration of copyright and related rights means the filing of an application with a file enclosed (hereinafter referred to as application) by an author, copyright holder or related rights holder with the competent State body in order to record information on the author, the work, the copyright holder and the related rights holder.

2. The filing of an application for grant of a certificate of registered copyright or a certificate of registered related rights shall not be a compulsory pre-requisite for entitlement to copyright or related rights in accordance with the provisions of this Law.

3. Organizations and individuals who are granted certificates of registered copyright or certificates of registered related rights shall not bear the burden of proving such copyright or related rights in a dispute, unless contrary proof is tendered.

Article 50 Applications for registration of copyright or related rights

1. Authors, copyright holders and related rights holders may directly file, or may authorize other organizations or individuals to file, applications for registration of copyright or related rights.

2. An application for registration of copyright or related rights shall comprise:

(a) A declaration for registration of copyright or related rights.

A declaration must be made in Vietnamese and signed by the author, copyright holder, related rights holder or person authorized to file the application; and must include complete information on the applicant, author, copyright holder or related rights holder; the summarized content of the work, performance, audio and visual fixation or broadcast; the name of the author, and the title of the work used to make the derivative work if the work to be registered is a derivative work; the date, place and form of publication; and an undertaking accepting liability for the information set out in the application.

The Ministry of Culture and Information shall regulate the sample form of a declaration for registration of copyright or related rights.

(b) Two copies of the work the subject of the application for copyright registration, or two copies of the formulated object the subject of the application for related rights registration;

(c) A letter of authorization where the applicant is an authorized person;

(d) Documents proving the right to file the application where the applicant acquires such right by way of inheritance, succession or assignment;

(đ) Written consent of the co-authors in the case of a work under joint authorship;

(e) Written consent of the co-owners if the copyright or related rights are jointly owned.

3. The documents stipulated in sub-clauses (c), (d), (đ) and (e) of clause 2 of this article must be written in Vietnamese. Documents in a foreign language must be translated into Vietnamese.

Article 51 Authority to grant registered copyright certificates and registered related rights certificates

1. The State administrative body for copyright and related rights shall have the right to grant registered copyright certificates and registered related rights certificates.

2. The State administrative body authorized to grant registered copyright certificates and registered related rights certificates shall have the right to re-grant, renew or cancel such certificates.

3. The Government shall issue regulations governing the conditions, order and procedures for re-granting, renewal or cancellation of registered copyright certificates and registered related rights certificates.

4. The Ministry of Culture and Information shall regulate the sample forms of registered copyright certificates and registered related rights certificates.

Article 52 Time-limit for granting registered copyright certificates and registered related rights certificates

The State administrative body for copyright and related rights shall be responsible to grant a registered copyright certificate or registered related rights certificate to the applicant, or shall notify the applicant in writing in a case of refusal to grant a certificate, within a time-limit of fifteen (15) working days from the date of receipt of a valid application.

Article 53 Validity of registered copyright certificates and registered related rights certificates

1. Registered copyright certificates and registered related rights certificates shall be valid throughout the entire territory of Vietnam.

2. Any registered copyright certificate or registered related rights certificate which was granted by the State administrative body for copyright and related rights before the effective date of this Law, shall continue to be valid.

Article 54 Official recording and publication of registered copyright and registered related rights

1. Registered copyright certificates and registered related rights certificates shall be officially recorded in the National Register of Copyright and Related Rights.

2. Decisions on the grant, re-grant, renewal and cancellation of effectiveness of registered copyright certificates and registered related rights certificates shall be published in the Official Gazette on copyright and related rights.

Article 55 Re-grant, renewal and cancellation of effectiveness of registered copyright certificates and registered related rights certificates

1. Where a registered copyright certificate or registered related rights certificate is lost or damaged, or where the copyright holder or related rights holder is changed, the competent State body stipulated in article 51.2 of this Law shall conduct procedures for the re-grant or renewal of such certificate.

2. Where the grantee of a registered copyright certificate or registered related rights certificate is not the author, copyright holder or related rights holder; or where the registered work, audio and visual fixation or broadcast is ineligible for protection, the competent State body stipulated in article 51.2 of this Law shall cancel the effectiveness of such certificate.

3. Any organization or individual who discovers that the grant of a registered copyright certificate or registered related rights certificate was contrary to law shall be entitled to request the State administrative body for copyright and related rights to cancel the effectiveness of such certificate.

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