Copyrights Law in Vietnam
Here’s a comprehensive overview of copyright law in Vietnam:
🇻🇳 Copyright Law in Vietnam
🔹 Governing Law
Copyright in Vietnam is governed by the Law on Intellectual Property (IP Law), first enacted in 2005, and amended in 2009, 2019, and 2022.
It is administered by the Ministry of Culture, Sports and Tourism and the Vietnam Copyright Office.
Vietnam is a member of key international agreements, including:
Berne Convention
WIPO Copyright Treaty (WCT)
TRIPS Agreement (as a WTO member)
🔹 What Is Protected?
Vietnamese copyright law protects original literary and artistic works fixed in any form, such as:
Literary works (books, articles, speeches, computer programs)
Musical works
Dramatic works
Cinematographic and audiovisual works
Artistic works (paintings, drawings, sculptures)
Photographic works
Architectural works
Derivative works (e.g., translations, adaptations)
Vietnam also protects related rights, including:
Performances
Sound recordings
Broadcasts
🔹 Rights Granted
Vietnamese law distinguishes between:
1. Moral Rights (Inalienable)
Right to be named as the author
Right to have the work published
Right to protect the integrity of the work
Right to withdraw the work from publication
2. Economic Rights
Right to reproduce
Right to distribute
Right to perform or display publicly
Right to broadcast
Right to make adaptations
Economic rights can be licensed or assigned, and may be transferred under contract.
🔹 Duration of Copyright
| Type of Work | Duration |
|---|---|
| Moral rights | Perpetual (except the right to publish, which lasts for the author's life + 50 years) |
| Economic rights (individual author) | Author's life + 50 years |
| Anonymous, pseudonymous, and corporate works | 75 years from first publication or 100 years from creation if unpublished |
🔹 Registration
Copyright protection is automatic under the Berne Convention (no registration needed for protection).
However, voluntary registration with the Vietnam Copyright Office is recommended for:
Legal evidence in disputes
Ease of licensing or enforcing rights
🔹 Enforcement
Copyright holders can enforce their rights through:
Administrative actions: fines and confiscation of infringing goods
Civil lawsuits: damages and injunctions
Criminal prosecution: for large-scale or willful infringement
Vietnam has been strengthening IP enforcement as part of its trade commitments, including CPTPP and EU-Vietnam FTA.
🔹 International Treaties
Vietnam is a party to:
Berne Convention
WIPO Copyright Treaty (WCT)
TRIPS Agreement
Rome Convention (on related rights)
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
These commitments influence Vietnam’s copyright laws and enforcement obligations.
Summary Table
| Aspect | Details |
|---|---|
| Main law | IP Law (2005, amended 2022) |
| Admin body | Vietnam Copyright Office |
| Protected works | Literary, artistic, software, music, etc. |
| Rights | Moral (perpetual), Economic (transferable) |
| Duration | Life + 50 years (individual), 75 years (corporate) |
| Registration | Optional but recommended |
| Enforcement | Civil, administrative, criminal |
| International treaties | Berne, TRIPS, WCT, CPTPP |
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