New Legislation, Legal Updates
Decree No.100/2006/ND-CP:
Detailing the copyright provision of the Civil Code and the Intellectual Property Law
This Decree, issued on September 21 by the Government, details and guides the implementation of a number of articles of the Civil Code and the Intellectual Property Law on copyright and related rights.
Under this Decree, the State shall provide financial supports for purchase of copyright by state agencies and organization tasked to popularize literary, artistic and scientific work, performances, phonograms, video recordings and broadcasts of ideological, scientific or artistic value for public service.
The Culture and Information Ministry shall guide the elaboration of financial plans (creation of sources and setting up of funds) and formulate mechanisms for copyright purchase.
Foreign individuals and organization whose work, performance, phonograms, video recordings protection may directly file applications for copyright and related right registration at the Copyright Office of Vietnam or Culture and Information Services of authorize copyright consultancy and service organizations to do so.
This Decree further clarifies terms related to copyright and related rights, specifies provisions of copyright protection term, copyright and related right registration procedures and certificates, and settlement of copyright-related complaints and disputes. It replaces Government Decree No.76/CP of November 29, 1996, guiding the implementation of a number of copyright provisions of the Civil Code.
source: Vietnam Law & Legal Forum
Vol. 13, No. 146, October 2006,
published monthly by Vietnam News Agency,
page ix