What is copyright in Vietnam

What is copyright in Vietnam

Copyright refers to the rights of organizations and individuals to works they have created or own.

Copyright arises at the moment when a work is created and expressed in a certain material form.

Copyright consists of:

    • Moral rights
    • Economic rights

Clause 2 Article 4 of the 2005 Law on Intellectual Property Rights, amended and supplemented in 2009

Moral rights

Moral rights are civil rights attached to the authors. These rights cannot be valued in money and cannot be transferred to other subjects, except for the rights to publish works.

When a work is created, its author automatically assumes all moral rights without having to register the work.

Moral rights consist of:

    • The right to title their works.
    • To attach their real names or pseudonyms to their works.
    • To have their real names or pseudonyms acknowledged when their works are published or used.
    • To publish their works or authorize other persons to publish their works (this may be transferred to another entity unlike other moral rights).
    • To protect the integrity of their works, and to prevent other persons from modifying, mutilating or distorting their works in a form discriminatory to their honor and reputation.

Article 19 of the 2005 Law on Intellectual Property Rights, amended and supplemented in 2009

Economic rights

Property rights are rights that can be valued in money, including property rights, subjects of intellectual property rights, and land use rights.

Economic rights include:

    • The right to make derivative works: translations, adaptations, compilations, annotations, collections, anthologies, etc.
    • To display their works to the public.
    • To reproduce their works.
    • To distribute or import original works or copies thereof.
    • To communicate their works to the public.
    • To lease original cinematographic works and computer programs or copies thereof.
    • To be paid royalties, remunerations or other material benefits when other organizations or individuals exploit or use the economic rights of the owner and the rights to publish works.
Article 20 of the 2005 Law on Intellectual Property Rights, amended and supplemented in 2009