COPYRIGHT REGISTRATION & PROTECTION OF CREATIVE WORKS
Copyright arises automatically from the moment a work is created and expressed in a material form, irrespective of whether the work has been published or registered.
Registration is not a prerequisite for copyright protection. Nevertheless, a Copyright Registration Certificate constitutes important legal evidence of the author, copyright owner and registration record. In a dispute, a certificate holder is not required to prove its copyright ownership unless contrary evidence is presented.
1. Legal basis and protection principles
- Legal basis: Law on Intellectual Property No. 50/2005/QH11, as amended and supplemented; Decree No. 17/2023/ND-CP, as amended and supplemented by Decree No. 134/2026/ND-CP; Circular No. 08/2023/TT-BVHTTDL; and other relevant legislation.
- Automatic protection: Copyright arises when a work is created and expressed in a form that can be perceived, stored or reproduced.
- Eligibility for protection: A work must be directly created by an author through their own intellectual effort and must not be copied from another person’s work. Copyright protects original expression, not ideas, procedures, systems, methods of operation, principles or data as such.
- AI-assisted works: Copyright may arise only where a human makes a substantial and decisive contribution to the creative process and final result. Output generated entirely and automatically by an artificial intelligence system does not qualify for copyright protection.
- Nature of examination: Copyright registration is not subject to the first-to-file principle, application publication or substantive examination procedures applicable to patents, industrial designs and trademarks.
2. Common categories of protected works
- Computer programs and technology products: Computer programs expressed in source code, object code or an equivalent form; mobile applications; and compilations of data that are original by reason of the selection or arrangement of their contents.
- Works of applied art: Logos, brand mascots, packaging designs, user-interface designs, fashion patterns and other aesthetically expressed designs associated with a useful article.
- Literary and scientific works: Books, textbooks, lectures, training materials, articles, research reports, scientific works and scripts.
- Artistic works: Musical, dramatic, photographic, cinematographic, fine-art and architectural works, together with works created by analogous processes.
- Drawings and diagrams: Sketches, diagrams, maps and drawings relating to topography, architecture or scientific works.
- Related rights: Performances, phonograms, video recordings and broadcasts are protected under the related-rights regime and are not registered as copyright works.
3. Term of copyright protection
- Moral rights protected indefinitely: The right to title the work; the right to have the author’s real name or pseudonym credited; and the right to protect the integrity of the work, as prescribed by law.
- Cinematographic, photographic and applied-art works, and anonymous works: Protection generally lasts for 75 years from the first publication. If a cinematographic, photographic or applied-art work is not published within 25 years from its fixation, protection lasts for 100 years from the date of fixation.
- Other categories of works: Protection lasts for the life of the author and 50 years following the year of the author’s death. For a work of joint authorship, the term expires in the fiftieth year following the death of the last surviving co-author.
- Expiry date: The applicable term expires at 24:00 on 31 December of the relevant year of expiry.
4. Copyright registration dossier
- Application form: A Vietnamese-language application for a Copyright Registration Certificate, prepared using the form applicable to the relevant category of work and signed or fingerprinted by the author or copyright owner as required.
- Copy of the work: A complete copy of the work must be submitted. A paper filing must contain 02 copies; an online filing must include an electronic copy complying with the prescribed file-format and technical requirements.
- Computer program: The copy must include an electronic version containing the program code and an installable interface capable of running the program, together with an A4 printout showing the complete interface and program code. If the printed code comprises at least 100 pages, the first 25 pages, middle 25 pages and final 25 pages may be submitted. Game software must also include the game script.
- Work of applied art: The copy must be clearly reproduced on A4 paper and accurately show the overall composition, lines, colours and shapes. Where the work exists as a design file, drawing or digital data, the submitted image must be extracted from the original file.
- Power of Attorney: Required where the application is filed through Vietnam IP or another lawful representative. It must specify the parties, title of the work, scope and term of authorisation. If both the principal and attorney are individuals, the Power of Attorney must be notarised or certified.
- Evidence of ownership: An assignment decision or confirmation of assigned duties; a commissioned-work agreement; competition rules; an inheritance document; or a written assignment, donation, sale or capital-contribution agreement, depending on the basis of ownership.
- Identification and legal-status documents: A copy of the identity card, citizen identity card or passport of an individual; or an enterprise registration certificate, establishment licence or establishment decision of an organisation, unless the information can be retrieved from a national database.
- Written consent: Consent from co-authors or joint owners, unless all relevant persons sign the application form.
- Additional documents: A declaration and description of the use of an artificial intelligence system for an AI-assisted work; and written consent where the work incorporates another person’s image, personal information, copyrighted work or related-rights subject matter, unless such use is permitted by law.
- Language requirements: Dossier documents must be in Vietnamese. Documents in another language must be translated into Vietnamese and notarised, certified or consularly legalised where required.
- Official fees: The applicable official fee must be paid according to the category of work and the fee schedule in force on the filing date.
5. Filing methods
- Online filing: File 01 dossier through the applicable online public-service portal in accordance with the competent authority’s instructions.
- Direct or postal filing: File 01 dossier directly with, or by post to, the Copyright Office of Viet Nam under the Ministry of Culture, Sports and Tourism.
- Foreign applicants: A foreign individual not permanently residing in Viet Nam, or a foreign organisation without a head office, representative office or branch in Viet Nam, must file through a copyright and related-rights representation service organisation in Viet Nam.
6. Examination and registration procedure
7. Vietnam IP’s copyright registration and protection services
- Protectability assessment: Identify the appropriate category of work, scope of copyright, author, copyright owner and legal basis of ownership.
- Chain-of-title review: Review assignment decisions, commissioned-work agreements, copyright assignments and other documents supporting the right to file.
- Work-copy preparation: Assist with copies of applied-art works, program code, software interfaces, written works and electronic formats in accordance with filing requirements.
- Dossier preparation and representation: Prepare the application form, declarations and Power of Attorney, and represent the applicant before the Copyright Office of Viet Nam.
- Response to official requirements: Review official notices and submit amendments, supporting documents and explanations concerning authorship, ownership, the creative process and the work.
- Online copyright enforcement: Advise on evidence collection and preservation, cease-and-desist requests, notice-and-takedown measures and coordinated dispute resolution.
- Copyright management: Advise on assignments, copyright licence agreements, digital-content asset policies and corporate records supporting copyright ownership.