Procedures for registering copyright protection

1. Procedures for registering copyright protection.

The procedure to register for copyright protection is not too complicated, which makes it easier for authors, owners or authorized units to protect intellectual property.

a. Authorities competent to issue Copyright Registration Certificates: Ministry of Culture, Sports and Tourism (Copyright Department)

b. Processing Time:

- 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.

c. Application for registration of Copyrights

• Declaration of registration of copyright and 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.

• 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.

•  A letter of authorization where the applicant is an authorized person.

• Documents proving the right to file the application where the applicant acquires such right by way of inheritance, succession or assignment.

• Written consent of the co-authors in the case of a work under joint authorship.

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

2. Legal basis

• Law on Intellectual Property 2005, amended and supplemented in 2009, 2019.

• Decree 22/2018/NĐ-CP detailing a number of articles and measures to implement the 2005 intellectual property law and the law amending and supplementing a number of articles of the 2009 intellectual property law on copyright and related rights. 

Thus, to avoid possible damage and risks to the enterprise when the copyright is not protected. Organizations and individuals should study to understand the processes and procedures for copyright protection registration to ensure their most legitimate rights and interests.