Moral rights in Vietnam

1. Copyright.
Article 18 of the Intellectual Property Law: "Copyright rights to works specified in
this Law include personal rights and property rights"
According to Article 19 of the Intellectual Property Law.
“Moral rights include:
1. Name the work.
The author has the right to transfer the right to use the right to name the work to the
organization or individual receiving the transfer of property rights specified in Clause 1,
Article 20 of this Law;
2. Put your real name or pseudonym on the work; be given your real name or pseudonym
when the work is published or used;
3. Publish the work or allow others to publish the work;
4. Protect the integrity of the work to prevent others from distorting it; Do not allow
others to modify or mutilate the work in any form that harms the author's honor and
reputation."
– Right to name the work
+ The name of the work is not protected by copyright. Copyright does not protect content
or ideas, but only protects form, so it is given the same name.
+ This right does not apply to works translated from one language to another.
Note: unnamed works are still protected.
– The right to put your real name or pseudonym on the work; be given your real
name or pseudonym when the work is published or used
+ Get your real name and pseudonym when the work is published and used. When used
by others, the author's name must be mentioned to personalize the work
+ The purpose of this right is for the author to enjoy the rights prescribed by intellectual
property law.
– The right to publish the work or allow others to publish the work
+ Authors and copyright owners have the right to publish and allow others to publish
their works
+ Publication is the release of a work to the public in a reasonable number of copies to
meet public demand depending on the nature of the work, by the author or copyright
owner or by done by other individuals or organizations with the consent of the author or
copyright owner. Publication of a work does not include the performance of a theatrical,
cinematic or musical work; read in public a literary work; broadcasting literary and
artistic works; display of visual works; Construction works from architectural works.
Note: In cases where foreigners do not or have not published their works for the first time
in Vietnam, they will still be protected under international copyright treaties to which
Vietnam is a member. (Clause 2, Article 13 of the Law on Intellectual Property)
– The right to protect the integrity of the work, not to allow others to edit, mutilate
or distort the work in any form that is harmful to the author's honor and
reputation.
+ Is not allowing others to edit, mutilate the work or repair or upgrade computer
programs unless otherwise agreed by the author.
+ Exception: Properly citing works for the purpose of teaching in schools, serving news
reporting; make derivative works.
Term of copyright protection, according to Article 27 of the Intellectual Property
Law (1)
1. Personal rights specified in Clauses 1, 2 and 4, Article 19 of this Law are protected
indefinitely.
2. Personal rights specified in Clause 3, Article 19 and property rights specified in Article
20 of this Law have the following protection period:
a) Cinematographic works, photographic works, applied arts, and anonymous works have
a protection period of seventy-five years, from the time the work is first published; For
works of cinematography, photography, or applied arts that have not been published for a
period of twenty-five years from the time the work was fixed, the term of protection is
one hundred years from the time the work was created. shape; For anonymous works,
when information about the author appears, the protection period is calculated according
to the provisions of Point b of this Clause;
b) Works other than those specified in Point a of this Clause have a term of protection
that is the entire life of the author and fifty years following the year of the author's death;
In case a work has a co-author, the term of protection ends in the fiftieth year after the
year the last co-author dies;
c) The protection term specified in Points a and b of this Clause ends at 24:00 on
December 31 of the year the copyright protection term expires.
2. Performers' rights.
Clause 1, Article 29 of the Intellectual Property Law: “1. Performers have moral rights
and property rights regarding the performance in accordance with the provisions of this
Law.”
The moral rights of performers are similar to copyright rights, according to Clause 2,
Article 29 of the Intellectual Property Law:
“Moral rights include:
a) To be introduced by name when performing, when releasing audio or video recordings,
or broadcasting the performance;
b) Protect the integrity of the representation to prevent others from distorting it; Do not
allow others to modify or mutilate in any form that is harmful to the honor and reputation
of the performer.”
Term of protection (Article 34 of the Intellectual Property Law) (2)
1. The rights of performers are protected for fifty years from the year following the year
in which the performance is scheduled.
2. The rights of producers of phonograms or video recordings are protected for fifty years
from the year following the year of publication or fifty years from the year following the
year in which the phonogram or video recording is fixed if the phonogram , recording has
not been published.
3. The rights of broadcasting organizations are protected for fifty years from the year
following the year in which the broadcast is made.
4. The term of protection specified in Clauses 1, 2 and 3 of this Article ends at 24:00 on
December 31 of the year in which the term of protection of related rights ends.
(1),(2) => According to Article 43 of the Intellectual Property Law, the work has ended
its protection period as prescribed in Clause 2, Article 27 and the performances, audio
recordings, video recordings, broadcasts Waves whose protection period has ended as
prescribed in Article 34 belong to the public.
3. Transfer.
According to Clause 2, Article 45 of the Intellectual Property Law, the Author may not
transfer the moral rights specified in Article 19, except the right to publish the work;
Performers may not transfer personal rights specified in Clause 2, Article 29 of this Law.
4. Transfer of usage rights.
According to Clause 2, Article 47 of the Intellectual Property Law, the Author is not
allowed to transfer the right to use moral rights specified in Clauses 2 and 4, Article 19 of
this Law. Performers may not transfer the right to use personal rights specified in Clause
2, Article 29 of this Law.