Commons:Copyright rules by territory/Vietnam

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This page provides an overview of copyright rules of Vietnam relevant to uploading works into Wikimedia Commons. Note that any work originating in Vietnam must be in the public domain, or available under a free license, in both Vietnam and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from Vietnam, refer to the relevant laws for clarification.

Background

Vietnam was independent until the 19th century, when it was colonized by the French. After World War II the country declared independence on 2 September 1945. A struggle began with the French and then the United States, during which North Vietnam and South Vietnam were politically separated. North Vietnam was the victor, and the country was reunited in 1975.

Restoration of Vietnamese copyrights in the United States occurred through Presidential Proclamation No. 7161 of December 23, 1998.[1] Vietnam has been a member of the Berne Convention since 26 October 2004 and the World Trade Organization since 11 January 2007.[2]

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed Law No. 50/2005/QH11 of November 29, 2005, on Intellectual Property as the main IP law enacted by the legislature of Vietnam.[2] WIPO holds the text of this law in their WIPO Lex database.[3] It was then modified by Law No. 36/2009/QH12 of June 19, 2009, amending and supplementing a Number of Articles of the Law on Intellectual Property[4] and Law No. 42/2019/QH14.[5] The Vietnamese government also published an official online version alongside an official English translation.[6] As of 2020, the government issued a complete merged text on Intellectual Property Law.[7]

In addition, there are 11 relevant decrees (17 if amendments are included) and 22 circulars (30 if amendments are included) serving as implementation guidances.[2]

General rules

Standard term for works

  • The standard copyright term for works is author's life + 50 years.[36/2009 Article 27(2b)] For a work under joint authorship, the term of protection expires in the 50th year after the death of the last surviving co-author.[36/2009 Article 27(2b)]
  • The term of protection expires at 24:00 of December 31st of the year of expiration of the copyright protection term."[36/2009 Article 27(2c)]
  • For cinematographic works, photographic works and works of applied art which remain unpublished within 25 years from the date of fixation, the term of protection is 100 years from the date of fixation.[36/2009 Article 27(2a)]

{{PD-anon-auto-1996|country=Vietnam}} URAA date for Vietnam is December 23, 1998.[1] We may assume the 50-year term applied on the URAA date, so works published before 23 December 1948 where the author remains unknown, and works by authors who died before 23 December 1948, are in the public domain in the United States.

Anonymous, posthumous and unpublished works

  • Under 2005 Law, anonymous cinematographic works, photographic works, works of applied art where the author remains unknown have a term of protection of 50 years from the date of first publication.[2005 Law Article 27] Under 2009 Amendment, from January 1st 2010, cinematographic works, photographic works, works of applied art where the author remains unknown have a term of protection of 75 years from the date of first publication.[36/2009 Article 27(2a)] Works which entered public domain prior to January 1st 2010 remained in the public domain even if they now qualified for copyright protection. And those works whose copyright terms have not expired on January 1st 2010 now prolong to 75 years.[36/2009 Article 220]
  • Posthumous works are granted 50 years of copyright protection from the date of first publication.[Decree No. 22/2018 Article 24]
  • For cinematographic works, photographic works and works of applied art which remain unpublished within 25 years from the date of fixation, the term of protection is 100 years from the date of fixation.[36/2009 Article 27(2a)]

Prior law

Law No. 50/2005/QH11 was not retroactive, so works that had gone into the public domain remained in the public domain even if they now qualified for copyright protection under the 2005 law. The prior laws were Ordinance No: 38-L/CTN of the Standing Committee of the National Assembly, dated 2 December 1994, carried forward into the Civil Code, Section 766, adopted on 28 October 1995. Under these laws:[8][9][10]

  • Copyright extended for the life of the author and 50 years after their death.[1994 Art. 17]
  • Works of joint authorship were protected for 50 years after death of the last surviving author.[1994 Art. 18]
  • For cinematographic works, radio, television or video programs, and works published posthumously, copyright extended for 50 years after the date of first publication.[1994 Art. 20(1), 21]
  • The rights of unknown or anonymous authors belonged to the state, unless the author was identified within 50 years of the date of publication, in which case protection would apply until 50 years after the death of the author (or last surviving author).[1994 Art. 20(2), 21]

Not protected

Shortcut

See also: Commons:Unprotected works

The following subject matters are not protected by copyright:[36/2009 Article 15]

  1. News of the day as mere items of press information. This means daily news briefs which are merely of informatory nature and contain no creative elements.[11]
  2. Legal documents, administrative documents and other documents in the judicial domain and official translations of these documents.
    • Legislative documents include:[12][80/2015 Article 4]
The system of Vietnam's legislative documents
  1. The Constitution.
  2. Codes and Laws (hereinafter referred to as Laws), Resolutions of the National Assembly
  3. Ordinances, Resolutions of the Standing Committee of the National Assembly; Joint Resolutions between the Standing Committee of the National Assembly and the Management Board of Central Committee of Vietnamese Fatherland Front; Joint Resolutions between the Standing Committee of the National Assembly, the Government, the Management Board of Central Committee of Vietnamese Fatherland Front.[13][14]
  4. Orders, Decisions of the President.
  5. Decrees of the Government; Joint Resolutions between the Government and Management Board of Central Committee of Vietnamese Fatherland Front
  6. Decision of the Prime Minister.
  7. Resolutions of Judge Council of the People’s Supreme Court.
  8. Circulars of the Executive Judge of the People’s Supreme Court; Circulars of the Chief Procurator of the Supreme People’s Procuracy; Circulars of Ministers, Heads of ministerial agencies; Decisions of the State Auditor General.
    8a. Joint Circulars between the Executive Judge of the People’s Supreme Court, the Chief Procurator of the Supreme People’s Procuracy, the State Auditor General, Ministers, Heads of ministerial agencies. Joint Circulars between Ministers and Heads of ministerial agencies shall not be promulgated.[13]
  9. Resolutions of the People’s Councils of central-affiliated cities and provinces (hereinafter referred to as provinces).
  10. Decisions of the People’s Committees of provinces.
  11. Legislative documents of local governments in administrative - economic units.
  12. Resolutions of the People’s Councils of districts, towns and cities within provinces (hereinafter referred to as districts).
  13. Decisions of the People’s Committees of districts.
  14. Resolutions of the People’s Councils of communes, wards and towns within districts (hereinafter referred to as communes).
  15. Decisions of the People’s Committees of communes.
  • "Administrative documents" include regulations, announcements, guidelines, programs, plans, projects, reports, contracts, memorandums, agreements, invitations, sick leave, etc.[15][16] These are issued by state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, and people's armed forces units.[Decree No. 22/2018 Article 19]
  1. Processes, systems, operation methods, concepts, principles and data.

Note that the term "document" (translated from Vietnamese term văn bản) here means "written information communicated by means of language or sign"[16][Decree 30/2020 Article 3] and hence does not include images, logos or emblems of any kind. The official format of an administrative document includes signature and seals,[Decree 30/2020 Article 8] so it is assumed that signatures on government papers should be in the public domain.

Copyright tags

See also: Commons:Copyright tags

  • {{PD-Vietnam}} – all photographs enter the public domain fifty years after they were first published, and all non-photographic works enter the public domain fifty years after the death of the creator.
  • {{PD-VietnamGov}} – for legal text documents, administrative text documents by the government and official translations, as well as other documents mentioned in the Not protected section. Do not use this for images and logos.
  • {{PD-South VietnamGov}} — The government of the Socialist Republic of Vietnam maintains that between 2 September 1945 and 2 July 1976 only the Democratic Republic of Vietnam and the Republic of South Vietnam were legitimate governments and sees works issued by rival governments as illegal.


Currency

See also: Commons:Currency

OOjs UI icon close-ltr-destructive.svg Not OK. Banknotes and coins are not exempted from copyright law. Furthermore, duplication of Vietnamese banknotes or coins without the written consent of the State Bank is prohibited by an order of the Prime Minister in June 2003 (article 3).[17]

National emblem

  • The use of national emblem is regulated under Guidance 3420/HD-BVHTTDL, II. Quốc huy, Article 1, which refer to Article 973-TTg: (rough translation) "The image of national emblem is printed on the following papers/documents […] For cases not mentioned in this Article, organizations will submit them to the Prime Minister for his approval."

Freedom of panorama

See also: Commons:Freedom of panorama

OOjs UI icon check-constructive.svg OK: photography and television broadcasting of plastic arts (sculptures, ceramics etc.), architecture, photographs, applied arts (pottery, furniture etc.) displayed at public places. {{FoP-Vietnam}}
OOjs UI icon close-ltr-destructive.svg Not OK: other types of reproduction or representation, and other types of work (paintings, murals, literary texts on plaques or tables, etc.)

Examples of "applied art" are graphic designs (expression of logo, identification system and packaging labels), fashion designs, product designs, interior design and decoration.[Decree No. 22/2018 Article 13] Under Law No. 50/2005/QH11 of November 29, 2005 amended by Law No. 36/2009/QH12 of June 19, 2009, "Use of published works in which permission and payment of royalties or remunerations are not required includes ... Photographing or televising of plastic art, architectural, photographic, applied-art works displayed at public places for the purpose of presenting images of these works.[36/2009 Article 25.1(h)]

Expired relevant law

These are intellectual property relevant laws:

  • Ordinance No. 38-L/CTN1 of December 02, 1994, on protection of copyright [Pháp lệnh Bảo hộ Quyền Tác giả 1994 38-L/CTN] (replaced by Resolution on enforcing the 1995 Civil Law [Nghị quyết thi hành Bộ luật dân sự 1995])
  • Civil Law 1995, expired on December 31st 2006
  • Decree 100/2006 and Decree 85/2011 (replaced by Decree 22/2018)

See also

Citations

  1. a b Bill Clinton. Proclamation 7161 of December 23, 1998 Extending United States Copyright Protections to the Works of the Socialist Republic of Vietnam [Tuyên cáo 7161 của Tổng thống Bill Clinton: Kéo dài bảo vệ tác quyền Hoa Kỳ đối với các tác phẩm của Cộng hòa Xã hội chủ nghĩa Việt Nam]. Retrieved on 2019-01-28. (bản dịch tiếng Việt)
  2. a b c Vietnam Copyright and Related Rights (Neighboring Rights) [Quyền tác giả và các quyền liên quan tại Việt Nam]. WIPO [Tổ chức Sở hữu Trí tuệ Thế giới] (2018). Retrieved on 2018-11-08.
  3. Law No. 50/2005/QH11, on Intellectual Property. Vietnam (29 November 2005). Retrieved on 2018-11-11.
  4. Law No. 36/2009/QH12, amending and supplementing a Number of Articles of the Law on Intellectual Property. Vietnam (19 June 2009). Retrieved on 2018-11-11.
  5. Law No. 42/2019/QH14 of June 14, 2019, amending the Law on Insurance Business and the Law on Intellectual Property [Luật số 42/2019/QH14 ngày 14 tháng 6 năm 2019 của Quốc hội sửa đổi, bổ sung một số điều của Luật Kinh doanh bảo hiểm, Luật Sở hữu trí tuệ]. WIPO. Retrieved on 2022-01-05.
  6. Luật 50/2005/QH11 về Sở hữu trí tuệ 2005 [Law No. 50/2005/QH11, on Intellectual Property] (in vietnamese). National archive of the Vietnamese government. Retrieved on 2021-01-05.
  7. Luật Sở hữu trí tuệ nước Cộng hòa xã hội chủ nghĩa Việt Nam 2005 (sửa đổi, bổ sung 2019) (in vietnamese) (2019-06-25). Retrieved on 2022-01-05.
  8. Ordinance No. 38-L/CTN1 of December 02, 1994, on protection of copyright. Retrieved on 2021-03-20.
  9. Civil Code (28 October 1995). Retrieved on 2021-03-20.
  10. Civil Code Article 766. Retrieved on 2021-03-20.
  11. Decree No. 22/2018/ND-CP of February 23, 2013, on Guidelines for Certain Number of Articles of the Intellectual Property Law and Law on Amendments to the Intellectual Property Law 2009 in Terms of Copyright and Related Rights [Nghị định 22/2018/NĐ-CP về hướng dẫn Luật sở hữu trí tuệ năm 2005 và Luật sở hữu trí tuệ sửa đổi năm 2009 về quyền tác giả, quyền liên quan]. WIPO. Retrieved on 2022-01-05.
  12. Law No. 80/2015/QH13 dated June 22, 2015, promulgation of legislative documents [Luật 80/2015/QH13 Ban hành văn bản quy phạm pháp luật] (in vietnamese). Centre Database on Legal Normative Documents. Retrieved on 2022-01-13. (unofficial English translation)
  13. a b Updated according to Law No. 63/2020/QH14 dated June 18, 2020 Amendments to the Law on Promulgation of Legislative Documents
  14. Law No. 63/2020/QH14 dated June 18, 2020 Amendments to the Law on Promulgation of Legislative Documents [Luật số 63/2020/QH14: Luật sửa đổi, bổ sung một số điều của Luật Ban hành văn bản quy phạm pháp luật] (in vietnamese). Retrieved on 2022-01-13. (unofficial English translation)
  15. Full list: "nghị quyết (cá biệt), quyết định (cá biệt), chỉ thị, quy chế, quy định, thông cáo, thông báo, hướng dẫn, chương trình, kế hoạch, phương án, đề án, dự án, báo cáo, biên bản, tờ trình, hợp đồng, công văn, công điện, bản ghi nhớ, bản thỏa thuận, giấy ủy quyền, giấy mời, giấy giới thiệu, phiếu gửi, phiếu chuyển, phiếu báo, thư công".
  16. a b Decree No. 30/2020/ND-CP regulations on clerical work [Nghị định 30/2020/NĐ-CP về công tác văn thư] (in vietnamese). Retrieved on 2022-02-06. Unofficial English translation, "văn bản là thông tin thành văn được truyền đạt bằng ngôn ngữ hoặc ký hiệu"
  17. Decision No. 130/2003/QD-TTg: On the protection of Vietnamese money [Quyết định số 130/2003/QĐ-TTg của Thủ tướng chính phủ về việc bảo vệ tiền Việt Nam]. Prime Minister of Vietnam (30 June 2003). Retrieved on 2019-01-28., bản tiếng Việt
Cite error: <ref> tag with name "Decree 99/2016" defined in <references> is not used in prior text.
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