Luật sư Nguyễn Mạnh Tuấn

Vietnam shall recognize and protect works of foreigners

Vietnam is not yet member to any International Convention for protection of copyrights

Under the current legislation, namely the (1) Civil Code, (2) the Government Decree for implementing the Copyrights protection under the Civil Code, (3) the government Decree guiding the Application of Civil Relations involving Foreign Element, and (4) the Agreement between the government of Vietnam and United States of America on the Establishment of Copyright relations.

a.  Under (1), (2) and (3) above: if the works are created or first published in Vietnam;

b.  Under (1), (2) and (4) if

- Works of authors, creators who are US national or domicile; or

- The works are first published in US or Vietnam;

- Works for which a US national or domicile owns economic rights, or such rights are owned by a judicial entity directly or indirectly controlled by, majority of whose shares or other proprietary interest is owned by, any national or domicile of US provided that such rights was acquired within one year  following the first publication of the works.

Vietnam shall extend the protection under (4) to works of nationals and  domicile  of US, and works first  published in US, prior to this agreement’s effect if such works have not fallen into public domain after their protection term.

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