Commons:Copyright rules by territory/Vietnam

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Copyright rules: Vietnam
Shortcut: COM:VIETNAM
Flag of Vietnam
Map of Vietnam
Durations
Standard Life + 50 years
Photograph Publish + 75 years
Anonymous Publish + 75 years
Audiovisual Publish + 75 years
Other
Terms run to year end Yes
Common licence tags {{PD-Vietnam}}
ISO 3166-1 alpha-3 VNM
Treaties
Berne convention 26 October 2004
WTO member 11 January 2007
URAA restoration date‌* 23 December 1998
*‌A work is usually protected in the US if it is a type of work copyrightable in the US, published after 1926 and protected in the country of origin on the URAA date.

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

Under Law No. 50/2005/QH11 of November 29, 2005 amended by Law No. 36/2009/QH12 of June 19, 2009, economic rights enjoy the following term of protection:

  • Cinematographic works, photographic works, works of applied art and anonymous works where the author remains unknown have a term of protection of 75 years from the date of first publication.[36/2009 Article 27(2a)]
  • 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)]
  • A work not specified in Article 27(2a) is protected for the whole life of the author and for 50 years after his/her death.[36/2009 Article 27(2b)]
  • For a work under joint authorship, the term of protection expires in the fiftieth year after the death of the last surviving co-author.[36/2009 Article 27(2b)]
  • The term of protection expires at 24:00 hrs of December 31 of the year of expiration of the copyright protection term."[36/2009 Article 27(2c)]
  • Posthumous works are granted 50 years of copyright protection from the date of first publication.[Decree No. 22/2018 Article 24]

Copyright and related rights protected under the legal documents effective before the effective date of the 2005 Law continued to be protected under the 2005 Law if they remained in term of protection on that date.[36/2009 Article 220] Therefore, cinematographic works, photographic works, dramatic works, works of applied art and anonymous works that were published 50 years or more prior to January 1, 2010 are still in the public domain in Vietnam.

{{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.

Prior law

Law No. 50/2005/QH11 of November 29, 2005 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 are 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. "Administrative documents" here include documents 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]
  3. Processes, systems, operation methods, concepts, principles and data.

Copyright tags

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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-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

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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).[12]

Freedom of panorama

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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)]

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 [Pháp lệnh Bảo hộ Quyền Tác giả 1994 38-L/CTN]. 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. ↑ 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
Caution: The above description may be inaccurate, incomplete and/or out of date, so must be treated with caution. Before you upload a file to Wikimedia Commons you should ensure it may be used freely. See also: Commons:General disclaimer
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