AMENDMENT TO DECREE NO.17/2023/ND-CP DATED APRIL 26, 2023 OF THE GOVERNMENT ELABORATING THE LAW ON INTELLECTUAL PROPERTY REGARDING COPYRIGHT AND RELATED RIGHTS

1. This Decree elaborates articles of the Law on Intellectual Property No. 50/2005/QH11 amended by the Law No. 36/2009/QH12, the Law No. 42/2019/QH14, the Law No. 07/2022/QH15, the Law No. 93/2025/QH15, and the Law No. 131/2025/QH15 (hereinafter referred to as “the Law on Intellectual Property”) pertaining to copyright and related rights, including:

a) Emergence of copyright and related rights where artificial intelligence (AI) system is used in accordance with Clause 5 Article 6 of the Law on Intellectual Property;

b) The use of documents and data under protection of copyright, related rights in respect of AI systems under Clause 5 Article 7 of the Law on Intellectual Property;

c) Entitlement and responsibility of governance pertaining to copyright and related rights under Clause 5 Article 11 of the Law on Intellectual Property;

b) Digital transformation and development of field-specific database regarding copyright and related rights in accordance with Clause 1 Article 11b of the Law on Intellectual Property;

dd) Types of works under copyright protection under according to Clause 4 Article 14 of the Law on Intellectual Property;

e) Copyright protection provided for literary works, artistic works, and scientific works under Article 24 of the Law on Intellectual Property;

g) Exceptions of non-infringement of copyright and related rights under Article 25, Article 32 of the Law on Intellectual Property; exceptions of non-infringement of copyright for people with disabilities under Article 25a of the Law on Intellectual Property;

h) Cases where copyright and related rights are limited according to Article 26 and Article 33 of the Law on Intellectual Property;

i) Cases where the Government acts as representative of ownership of copyright and related rights; cases where the Government acts as representative in managing copyright and related rights under Article 42 of the Law on Intellectual Property;

k) The use of works, performances, sound recordings, video recordings, and broadcasting programs under Clause 3 Article 43 of the Law on Intellectual Property;

l) Royalty distribution where agreement pertaining to the use of sound recording and video recording is not reached in accordance with Clause 2 Article 44a of the Law on Intellectual Property;

m) Composition of dossiers, eligibility, procedures, and time limit for issuance, re-issuance, replacement, and cancellation of certificate of copyright registration, certificate of related right registration according to Clause 5 Article 49 and Article 55 of the Law on Intellectual Property;

n) Methods and lawful representatives for the purpose of submitting application for registered copyright and registered related rights under Clause 1 Article 50 of the Law on Intellectual Property;

o) Organizations acting as collective management of copyright and related rights according to Article 56 of the Law on Intellectual Property;

p) Operating model and conditions of copyright and related rights representative service organizations under Clause 3 Article 57 of the Law on Intellectual Property;

q) Legal liability pertaining to copyright and related right for intermediate service providers according to Article 198b of the Law on Intellectual Property;

r) Arrangement and operation of copyright, related right examination under Clause 6 Article 201 of the Law on Intellectual Property;

s) Special cases where destruction of pirated goods according to Clause 6 Article 202 of the Law on Intellectual Property;

t) Requirements for adoption of remediation measures of mandated distribution or use for non-profit according to Clause 2 Article 214 of the Law on Intellectual Property;

u) Cases where customs authority actively suspend customs procedures for goods suspected for infringing copyright and related rights according to Point b Clause 2 Article 216 of the Law on Intellectual Property.

2. This Decree prescribes methods for arranging and guiding implementation of the Law on Intellectual Property pertaining to Government policies on copyright, related rights, derivative works, entities not covered by copyright protection, moral rights, performing right, co-author’s rights, copyright co-owner’s rights, copyright protection term for posthumous work, holders of copyright protection, performer’s rights, use of broadcasting programs, transfer of copyright and related rights, self copyright and related right protection, disputes and identification of copyright, related right infringement, determination of damage caused by copyright, related right infringement, request and handling of request for resolution of copyright, related right infringement, control of imports and exports related to copyright and related rights.

3. This Decree does not prescribe royalty amount and payment methods for cases where the Government acts as representative of ownership of copyrights and related rights, cases where the Government acts as representative of management of copyrights and related rights; cases that falls under limited copyrights or limited related rights shall comply with Article 35 of this Decree.”

“12a. Encrypted program-carrying cable signals means a cable signal carrying a transmitted program which has its sound or image or both modified and altered in order to prevent people who do not possess legal decrypting devices from illegally receiving the program carried by the signal.”

1. Add Point p1 after Point p Clause 2:

“p1) Share, manage specialized database system regarding copyright and related rights; share, integrate data with relevant agencies, organizations;”

2. Amend Points q, r Clause 2:

“q) Manage and arrange examination of copyright and related rights; issue, re-issue, revoke certificate of copyright, related right examination organizations;

r) Take charge, cooperate with competent authorities in inspection of compliance with regulations of the law, settlement of complaints, denunciation, and violations of the regulations of the law pertaining to copyright and related rights; cooperate with competent authorities in inspection relating to copyright and related rights as per the laws;”

3. Amend Points d and dd Clause 4:

“d) Guide, assist organizations and individuals in conducting procedures pertaining to copyright and related right at local administrative divisions; issue, re-issue, and revoke examiner card for copyright and related rights;

dd) Inspect compliance with regulations of the law, settlement of disputes, denunciations, and violations of regulations of the law pertaining to copyright and related rights at local administrative divisions;”

1. Copyright and related rights of works, performances, sound recordings, video recordings, and broadcasting programs where humans use AI system to create, shape, or implement shall only start in accordance with Clause 1 Article 6 of the Law on Intellectual Property if all requirements below are met:

a) Humans make significant and decisive contribution in creating works, fixing or executing performances, sound recordings, video recordings, broadcasting programs, including: Providing original input data, technical parameters or developing design dossiers in case of computer programs; establishing command prompts to control AI system; assessing, choosing, editing, interfering, or interpreting results created by AI system; choosing, arranging, organizing contents, methods for displaying subjects of copyright, related right protection; making decisions indicative of creative, aesthetic, or qualification intentions; making final decisions, ensuring that results accurately reflect their ideas rather than random or automatic arrangement of the algorithm;

b) Humans are responsible for contents and legitimacy of subjects of copyright, related right that they create via the use of AI system;

c) Copyright and related rights of subjects used as input data in AI system must not be infringed upon.

2. Subjects of copyright and related right that are created, fixed, or implemented according to Clause 1 of this Article shall be covered by corresponding copyright, related right protection if all requirements pertaining to copyright and related right protection according to the Law on Intellectual Property are met.

3. Individuals creating works in accordance with Clause 1 of this Article shall be identified as authors of works created via the use of AI system.

4. Related rights of performers according to Clause 1 of this Article shall only start for individuals that personally deliver the performances.

5. Holders of copyright and related rights for subjects of copyright, related rights that are created, fixed, or implemented according to Clause 1 of this Article are organizations and individuals according to Chapter III of the Law on Intellectual Property.

6. Labeling and installation of technical markings in respect of subjects of copyright and related rights that are created, fixed, or implemented according to Clause 1 of this Article shall conform to intellectual property laws.

7. Where copyright and related right protection is requested for subjects of copyright and related rights that are created, fixed, or implemented via the use of AI system, individuals creating, fixing, or implementing subjects of copyright, related right must provide proof of creation, fixing, implementation process and truthfully disclose the use of AI system at request of competent authorities.

8. Proving documents under Clause 7 of this Article may include:

a) Input data, technical parameters, or design dossiers for computer programs, drafts, intermediate editions, and revisions during creative process;

b) History of command prompts, interaction data, technical parameters;

c) Documents describing creative process or other legitimate documents indicative of intelligence contribution and control of humans.

9. Where works are entirely created by AI system or do not satisfy all requirements under Clause 1 of this Article, copyright and related rights shall not start in accordance with the Law on Intellectual Property.”

1. Administrative organizations that assist the Minister of Culture, Sports and Tourism in exercising governance functions pertaining to copyright and related rights have the responsibility to develop and manage field-specific database pertaining to copyright and related rights, manage and arrange implementation of sharing, bridging, connection, operation, international cooperation, and other activities related to field-specific database pertaining to copyright and related rights.

2. Field-specific database pertaining to copyright and related right shall be consolidated on a selective, systemic basis appropriate to lookup purposes and related to:

a) Information pertaining to issuance, re-issuance, replacement, and cancellation of certificate of copyright registration, certificate of related right registration, including information pertaining to legitimacy of subjects of copyright and related rights updated during processing of administrative procedures;

b) Information pertaining to organizations acting as collective management of copyright and related rights;

c) Information pertaining to copyright and related rights representative service organizations;

d) Information pertaining to examining bodies and examiners pertaining to copyright and related rights;

dd) Information pertaining to organizations that satisfy requirements related to exceptions of non-infringement on copyright for people with disabilities and list of works in accessible format of organizations;

e) Information pertaining to liaisons for issues pertaining to copyright and related rights of intermediate service providers;

g) Information pertaining royalty rates as per the law;

h) Other relevant information.

3. Field-specific database pertaining to copyright and related rights shall be developed and managed in a unified, public, transparent manner and capable of sharing, bridging, and connecting with relevant databases. Competent central and local authorities have the responsibility to access, operate field-specified database pertaining to copyright and related rights as per the law in service of governance functions. Organizations and individuals have the right to access, operate information that is allowed to be disclosed in database as per the law.

4. Implementation of activities under this Article must conform to regulations of the law pertaining to data, protection of personal data, protection of state secrets, information access, and other relevant law provisions.”

1. Amend Point c Clause 3:

“c) Operating method means a combination of guidance, principles, methods, or procedures for executing tasks, operating an activity, or resolving a specific issue;”

2. Add Clause 4 after Clause 3:

“4. Ideas; slogan; title taken in isolation according to Clause 4 Article 15 of the Law on Intellectual Property are construed as follows:

a) Ideas are thoughts, intentions, creative tendencies that have not materialized in any specific capacity and are not yet creative products in fields of literature, arts, science;

b) Slogans are short phrases, messages for advertising or identifying purposes that are not indicative of personal remarks or independent creative choices of authors beyond regular interpretation of the words;

c) Titles taken in isolation are titles of works when separated from the body of the work.”

1. Organizations and individuals using works, performances, sound recordings, video recordings, or broadcasting programs where the Government acts as representative of copyright, related right ownership specified under Clause 1 Article 42 of the Law on Intellectual Property must respect moral rights specified under Clauses 1, 2, and 4 Article 19 and Clause 2 Article 29 of the Law on Intellectual Property and perform obligations of economic rights as follows:

a) Use permission and royalties are required for cases under Clause 3 Article 19, Clause 1 Article 20, Clause 3 Article 29, Clause 1 Article 30, and Clause 1 Article 31 of the Law on Intellectual Property;

b) Use permission is not required but royalties are required for cases under Clause 1, Clause 3a Article 26 and Clause 1, Clause 2a Article 33 of the Law on Intellectual Property;

c) Use permission and royalties are not required for cases under Clause 3 Article 20, Clause 1 Article 25, Article 25a, Clause 5 Article 29, Clause 3 Article 30, Clause 3 Article 31, and Clause 1 Article 32 of the Law on Intellectual Property.

2. Organizations and individuals shall fulfill obligations under Clause 1 of this Article to agencies acting as ownership representatives under Clause 3 Article 42 of the Law on Intellectual Property.

3. In respect of copyright and related rights under Point a Clause 1 Article 42 of the Law on Intellectual Property:

a) Operation of copyright and related rights shall conform to regulations on management and use of public property and relevant law provisions;

b) Unless agencies acting as ownership representative are public service providers, regulations under Decree of the Government elaborating the Law on Management and Use of Public Property shall prevail;

c) In respect of cases not specified under Point b of this Clause:

Figureheads of agencies acting as ownership representatives shall decide the operation of copyright, related rights within their powers or request competent authorities to decide as per the law if the situation exceeds their powers.

Decision on operation of copyright and related rights must be presented in written form and stored in public property management dossiers.

Royalties generated by operation of public property that are copyright and related rights less costs relating to arrangement of operation, use, and fulfillment of financial obligations of the Government (if any) shall be submitted to state budget in accordance with state budget laws, public property management and use laws, and other relevant law provisions.

4. In respect of copyright and related rights under Point b Clause 1 Article 42 of the Law on Intellectual Property:

a) Where holders of copyright and related rights voluntarily transfer ownership to the Government, Decree of the Government on entitlement and procedures for establishing public ownership of the property and handling of property under public ownership shall prevail;

b) Cases that do not fall under Point a of this Clause shall conform to Clause 3 of this Article.

5. In respect of copyright and related rights under Point c Clause 1 Article 42 of the Law on Intellectual Property, Decree of the Government on entitlement and procedures for establishing public ownership of the property and handling of property under public ownership shall prevail.

6. State authorities, organizations, and individuals upon discovering infringement of copyright or related rights under Clause 1 of this Article have the right to request competent authorities to take actions as per the law.”

“a) Where agencies under Clause 2 of this Article receive documents on objection and where right holders have been identified in accordance with assumption of copyright and related rights and other relevant law provisions, agencies under Clause 2 of this Article shall send notice on the results within 15 days to right holders and applicants to allow the parties to negotiate about the use in a law-compliant manner;

b) Where agencies under Clause 2 of this Article do not receive documents on objection or where right holders cannot be identified in accordance with assumption of copyright and related rights and other relevant law provisions and where the application is not rejected in accordance with Point a and Point c Clause 7 of this Article, authorities under Clause 2 of this Article shall send notice on royalty payment and royalty estimates within 15 days to the applicants.

The applicants, upon receiving the notice, must pay royalties in accordance with the royalty estimates within 5 working days (including proof of royalty payment);”

“2. Copying devices under Points a, b, and e Clause 1 Article 25 of the Law on Intellectual property are devices capable of copying and of which relevant parts are entirely or partially automated.”

“3. Copying or transmitting archived works for use between libraries via computer network as specified under Point e Clause 1 Article 25 of the Law on Intellectual Property must be protected by measures for preventing infringement of copyrights and measures for preventing the works in digital form from being accessed by the public outside of the libraries that legally use the copies. The use on computer system of mobile library vehicles during mobile service, programs in service of political missions outside of libraries where network connection is not available shall also be considered use in libraries.”

“2a. Where broadcasting programs that contain work, sound recordings, video recordings under Clause 2 of this Article are transmitted in real-time, repeated, re-broadcasted, or transmitted via cables or electronic network or telecommunication network or the internet or any other technical measures, organizations broadcasting and producing broadcasting programs have the responsibility to cooperate with organizations and individuals that transmit, re-broadcast, or deliver via cables or the internet or any other technical measures in providing list and duration of use of work, sound recordings, video recordings for fulfillment of obligations with holders of copyright and related rights.”

1. Documents and data that are subjects of copyright, related right protection and used in accordance with Clause 5 Article 7 of the Law on Intellectual Property must:

a) be legally declared in accordance with Clause 8 Article 3 hereof;

b) be accessed via lawful actions from lawful sources;

c) not nullify or otherwise disable copyright protection measures implemented by right holders to protect their copyright, related rights.

2. The use of documents and data that are subjects of copyright, related right protection according to Clause 5 Article 7 of the Law on Intellectual Property must satisfy all requirements below:

a) The use only serves scientific research, test, training of AI system and not commercial purposes;

b) The use must not contradict regular operation of documents and data that are subjects of copyright, related right protection and must not cause unreasonable damage to lawful benefits of authors, performers, holders of copyright, related rights;

c) Output results of AI system do not replace the market for regular consumption or operation of subjects of copyright and related rights nor create unhealthy competition regarding the operation and use of subjects of copyright, related rights.”

1. Authors, performers, and holders of copyright and related rights have the right to reserve their copyright and related rights and prevent documents, data that are subjects of copyright, related right protection from being used in scientific research, test, or training of AI system except for cases under Clause 3 of this Article.

2. Reservation under Clause 1 of this Article shall be implemented:

a) Via inclusion in superdata, technology solutions for right protection or right management information readable by machines, association with original copies, copies of subjects of copyright, related right protection in electronic form and publicly, clearly stated in a manner than all using organizations and individuals are aware of and capable of accessing;

b) Public declaration on website of authorized organizations acting as collective management of copyright, related rights.

3. Reserved rights under Clause 1 of this Article do not apply to cases where the use of documents and data that are subjects of copyright, related rights satisfies all requirements under Article 37a hereof.”

1. Organizations and individuals using documents, data that are subjects of copyright, related right protection according to Clause 5 Article 7 of the Law on Intellectual Property and Article 37a have the responsibility to:

a) Store technical dossiers, training data, used data in accordance with intellectual property laws and be ready to provide information at request of competent authorities to facilitate verification, settlement of disputes, and handling of relevant violations;

b) Respect reserved rights of authors, performers, holders of copyright, related rights according to Article 37b hereof.

2. Organizations and individuals using documents and data that are subjects of copyright and related right protection to train AI system, including processed training data according to Clause 2 Article 37a hereof shall be required to comply with Clause 1 of this Article during commercial operation and pay royalties from the date on which they start using as per the law.”

1. Amend Clause 1:

“1. Authors, holders of copyright, related right that are Vietnamese individuals and organizations, foreign individuals residing in Vietnam, foreign organizations placing head offices, representative offices, or branches in Vietnam shall submit application for registered copyright and related rights in person or via legal representatives in Vietnam.”

2. Amend Clause 2:

“2. Authors, holders of copyright, related rights that are foreign individuals not residing in Vietnam, foreign organizations of which headquarters or representative offices or branch offices are not located in Vietnam shall submit application for registered copyright and related rights by authorizing copyright and related rights representative service organizations in Vietnam.”

3. Amend Points a, b of Clause 5:

“a) Organizations and individuals shall submit application in accordance with Clauses 1, 2, 3, and 8 of this Article, Clause 1 Article 39, Article 39a, Clause 2 Article 40, and Clause 2 Article 41 hereof, and fees, charges and receive administrative procedures results as per the law;

b) Competent authorities shall review, classify, review legitimacy of application for certificate of registered copyright, certificate of registered related rights in 22 working days from the date on which they receive the application; application for re-issuance of certificate of registered copyright, certificate of registered related rights in 8 working days from the date on which they receive the application; application for replacement of certificate of registered copyright, certificate of registered related rights in 13 working days from the date on which they receive application;”

4. Amend Clause 6:

“6. If application is submitted via authorization, the application must contain power of attorney. The power of attorney must include specific contact information of the authorizing party, the authorized party; name of works, performances, sound recordings, video recordings, broadcasting programs, scope of authorization, and duration of authorization.

Where both authorizing party and authorized party are individuals, the power of attorney must be notarized and certified as per the law; in all other cases, the power of attorney must include consensus of both parties.”

5. Add Clause 6a after Clause 6:

“6a. Declaration of registered copyright, registered related rights under Point a Clause 2 Article 50 of the Law on Intellectual Property shall be presented in Vietnamese and containing adequate information pertaining to authors, holders of copyright or related rights; completion time; summary of works, performances, sound recordings, video recordings, or broadcasting programs; name of authors, holders of copyright, work used in creation of derivative work if registered work is derivative work; time, location, methods for publication; information pertaining to re-issuance, replacement (if any); information pertaining to applicant; liability commitment for information in the declaration. Declaration of registered copyright, registered related rights using form prescribed by the Minister of Culture, Sports and Tourism corresponding to procedures for issuance, re-issuance, replacement, cancellation of certificate of registered copyright, certificate of registered related right.”

6. Amend Clause 7:

“7. Documents in application for registered copyright, registered related rights under Points c, d, dd, and e Clause 2 Article 50 of the Law on Intellectual Property must be filed in Vietnamese or translated to Vietnamese if they are filed in other languages (certified or consular legalized). Documents in application for registered copyright, registered related rights must be typewritten or printed using durable, clearly visible, clean ink type without modification and alteration; where insignificant spelling errors are found in submitted documents, applicants may correct the errors as long as they append countersignature (and seal, if any).

Where documents are submitted electronically, name of electronic documents must match that of document type as per the law.”

7. Amend Clause 8:

“8. Application for registered copyright, registered related right shall be submitted via National public service portal or in person or via post service to administrative organizations assisting the Minister of Culture, Sports and Tourism in exercising governance pertaining to copyright and related rights.”

8. Add Clause 9 after Clause 8:

“9. Competent authorities shall issue certificate of registered copyright, certificate of registered related rights in electronic form and in physical form at request of applicants. Both electronic copies and physical copies of certificate of registered copyright, certificate of registered related rights shall be equally legitimate.”

1. Amend Clause 1:

“1. Composition of dossiers for issuance of certificate of registered copyright, certificate of registered related right shall conform to Article 39a hereof.”

2. Add Clause 2a after Clause 2:

“2a. Competent authorities have the responsibility to notify, either in writing or via electronic system, temporary suspension of consideration for issuance of certificate of registered copyright, certificate of registered related rights after receiving documents on acceptance of disputes from the court, arbitration or documents on acceptance of written complaints, denunciation of competent authorities or documents of proceeding agencies pertaining to ongoing acceptance and processing of information on crimes or filed criminal lawsuits pertaining to infringement on intellectual property as per the law. Temporary suspension shall last until decision or judgment enters into force or until expiry of application processing time limit, whichever is shorter. Upon expiry of suspension duration, competent authorities have the responsibility to continue processing or return the application and notify the applicant.”

1. Application for registered copyright, related rights (using specified form) that bears signature or fingerprints appended by authors, copyright holders, related right holders unless they are physically incapable of appending their signatures and fingerprints.

2. Copies of works or fixed copies of performances, sound recording, video recordings, broadcasting programs. Where documents are submitted in physical form, 2 corresponding copies must be attached to original copies.

3. Power of attorney if the applicants are authorized by authors, copyright holders, related right holders in accordance with Clause 6 Article 38 hereof.

4. Proof of copyright ownership:

a) Proof of identity in case of individuals: 1 copy of 12-digit ID card or 9-digit ID card or passport, unless access to National population database is available;

b) Proof of legal competence in case of organizations; 1 copy of business registration certificate or license to establish or decision on establishment, unless such data is accessible via National database on enterprise registration;

c) Proof of right ownership due to assignment of creative works which is decisions on task assignment or confirmation of tasks assignment to affiliated individuals;

d) Proof right ownership due to creative contracts which are contracts, regulations, rules of competition;

dd) Proof of right ownership due to inheritance which are documents indicating inheritance notarized and certified as per the law;

e) Proof of right ownership due to transfer of rights which are contracts for transfer, gift, trading, capital contribution in writing and notarized, certified as per the law;

g) Written commitment of creative process on their own volition and non-violation of Vietnam’s laws and creative process according to decision or confirmation of task assignment; contracts; contest participation and legal responsibility for the commitment in case authors are not copyright holders.

Where organizations and individuals fixing, implementing performances, sound recordings, video recordings, broadcasting programs are not related right holders, written commitment pertaining to fixation, implementation on their own volition, non-infringement on copyright, non-violation of Vietnam’s regulations and fixation, implementation according to decision or confirmation of task assignment; contest participation and legal responsibility for the commitment shall be required;

h) Written commitment of individuals directly engaged in creative process, fixation, or implementation and description of the involvement of AI system in creative process, fixation, or implementation in accordance with Clause 1 Article 5a hereof where AI system is used in creation of the work or in fixation, implementation of performances, sound recordings, video recordings, broadcasting programs;

i) Documents under Points c, d, dd, and e of this Clause must be original copies or certified, notarized copies as per the law; or electronic copies or electronic certified copies in case of online application.

5. Written consensus of co-authors (if applicable) unless all co-authors append signatures on application for registered copyright, related rights.

6. Written consensus of co-holders (if applicable) unless all co-holders append signatures on application for registered copyright, related rights.

7. Where works, performances, sound recordings, video recordings, broadcasting programs contain personal images, information of other people or subjects of copyright, related rights of other people, permission in written form of people whose personal images, information or subjects of copyright, related right protection are used shall be required unless such permission is granted by default as per the law.”

1. Amend Points a, b of Clause 2:

“a) Application for re-issuance of certificate of registered copyright, certificate of registered related rights (using specified form) that bears signature or fingerprints appended by authors, copyright holders, related right holders unless they are physically incapable of appending their signatures and fingerprints;

b) Copies of works, fixed copies of performances, sound recordings, video recordings, broadcasting programs; Where documents are submitted in physical form, 2 corresponding copies must be attached to original copies;”

2. Amend Point c Clause 3:

“c) Cases under Points b and d Clause 2 Article 39 hereof occur.”

3. Add Clause 3a after Clause 3:

“3a. Competent authorities issue notice of temporary suspension in accordance with Clause 2a Article 39 hereof.”

1. Amend Clause 1:

“1. Certificate of registered copyright and Certificate of registered related rights shall be replaced due to changes to copyright holders, related right holders, or changes to information on authors, copyright holders, related right holders, works, performances, sound recordings, video recordings, or broadcasting programs.”

2. Amend Clause 2:

a) Amend Points a, b:

“a) Application for replacement of certificate of registered copyright, certificate of registered related rights (using specified form) that bears signature or fingerprints appended by authors, copyright holders, related right holders unless they are physically incapable of appending their signatures and fingerprints;

b) Copies of works, fixed copies of performances, sound recordings, video recordings, broadcasting programs; Where documents are submitted in physical form, 2 corresponding copies must be attached to original copies;”

b) Add Points dd and e after Point d:

“dd) Proof of changes in case of changes to copyright holders, related right holders or changes to information of authors, copyright holders, related right holders;

e) Written consensus of authors in case of changes to title unless right to name has been transferred according to Clause 1 Article 19 of the Law on Intellectual Property.”

3. Amend Point b Clause 3:

“b) Cases under Points b and d Clause 2 Article 39 hereof occur.”

4. Add Clause 3a after Clause 3:

“3a. Competent authorities issue notice of temporary suspension in accordance with Clause 2a Article 39 hereof.”

1. Add Clause 3a after Clause 3:

“3a. Where works, performances, sound recordings, video recordings, broadcasting programs are associated with goods and/or products, title and contents of works, performances, sound recordings, video recordings must conform to regulations of the law on advertising and other relevant law provisions.”

2. Add Clause 3b after Clause 3a:

“3b. Works, performances, sound recordings, video recordings, and broadcasting programs related to medical, education, standards, technical regulations, and other specialized fields shall require documents, written confirmation, certification, inspection, and approval of competent agencies and organizations as per the law"

3. Amend Clause 4:

“4. Works of cinematography must include script and contents of movies in accordance with cinematography laws presented in written form.”

4. Amend Clause 6:

“6. Works of fine arts, applied arts shall satisfy requirements below:

a) Copies of the works must be depicted on A4 paper with accurate composition, contours, color, and shapes;

b) If the works contain letters or words that are not Vietnamese, these letters and words must be specified that these words do not have meaning in Vietnamese or translated to Vietnamese (if possible). If the works contain numbers other than Arabic or Roman numbers, the numbers must be translated to Arabic numbers;

c) Where works of applied arts are presented as design files, drawings, or digital data, attachments shall be images extracted from original files in a manner that clearly displays creative contents and presentation form of the works.”

5. Amend Clause 9:

“9. Computer programs must satisfy requirements below:

a) Copies of computer programs shall include electronic copies containing code and interface of computer programs that can be installed to execute programs and A4 print containing all code and interface of the programs. If printed copies of code of computer programs are at least 100 pages in length, applicants are only required to print the first 25 pages, the middle 25 pages, and the last 25 pages;

b) In respect of computer programs that are video game software, script of the video game shall be required.”

1. Amend Point a of Clause 2:

“a) Price of transfer of use right for copyright, related rights. In respect of value of goods pertaining to copyright and related rights, Clauses 1, 2, and 3 Article 81 hereof shall prevail;”

2. Amend Clause 3:

“3. Valuation reports, valuation instruments of valuation enterprises pertaining to monetary value of subjects of copyright and related rights under Clause 2 of this Article shall be used as the basis to enable competent organizations and individuals to review, decide, or approve the prices.”

“5. Determination of value of goods infringing copyright and related rights in a criminal case shall conform to regulations on property valuation in criminal proceeding.”

1. In respect of pirated goods, competent agencies entitled to impose penalties shall impose mandated disposal of pirated goods at request of copyright holders, related right holders without compensation in any shape or form, except for:

a) Goods from which infringing elements have been removed, that are essential goods in service of humanitarian, medical, disaster, disease preparedness and remediation, or public benefits;

b) Goods from which infringing elements have been removed and of which disposal goes against social morals or seriously affects public benefits, community health, social security, or the environment.

2. In respect of Points a and b Clause 1 of this Article, competent agencies entitled to impose penalties shall impose mandated distribution or use for non-commercial purposes. Adoption of this measure shall conform to Clause 1 Article 83 hereof.

3. Mandated disposal of infringing goods (excluding pirated goods) or ingredients, materials, instruments primarily used for the production and trade of infringing goods shall be applied if conditions for mandated distribution or use for non-commercial purposes under Article 83 hereof are not met.”

Competent customs authorities shall receive written request for inspection, supervision, or suspension of customs procedures in accordance with customs laws.”

1. Amend Clause 1:

“1. Customs authority have the responsibility to review, issue notice of request acceptance within the specified time limit; where applicants have fulfilled obligations under Points a, b, and c Clause 1 and Clause 2 Article 217 of the Intellectual Property and submitted adequate request according to customs laws. In case of rejection, customs authority must respond to the applicants in writing and state reason.”

2. Amend Clause 2:

“2. On the basis of notice of acceptance of request for examination, supervision of exports and imports, regional customs sub-departments and anti-smuggling investigating sub-departments shall look up data on the system in order to arrange inspection and supervision within their jurisdiction.”

1. Objectives of training courses pertaining to copyright and related right examination:

a) Knowledge of regulations of the law, professional skills and methods necessary for examination of copyright, related rights;

b) Preparation and improvement of examination capacity, including: Sampling, processing, sample preservation; receipt, processing, and preservation of subject matter of examination; collection and processing of documents and information for examination; use of regulations, appropriate professional skills and methods for examination of copyright and related right;

c) Formation and improvement of professional ethics, legal liability, independence, transparency, and honesty during examination of copyright and related right.

2. Requirements for training courses pertaining to copyright and related right examination:

a) Training courses pertaining to copyright and related right examination shall be arranged in a unified manner on a nationwide scale;

b) Total duration of training courses pertaining to copyright and related right examination shall be 200 hours or more with a reasonable split between theory and practice. Duration of training courses shall be updated in accordance with applicable laws, international practices and include evaluation of learning results of participants.

Framework programs of training courses pertaining to copyright and related right shall conform to Appendix II attached hereto;

c) Evaluation of learning results must include knowledge of regulations of the law, skills, professional methods, practice capability, professional ethics and ensure objectivity and transparency.

3. A person completing training courses pertaining to copyright and related rights shall receive certificate of completion of training courses pertaining to copyright and related right examination issued by training courses under Clause 4 of this Article.

4. On the basis of the Law on Intellectual Property and this Decree, public service providers capable of providing training and advanced training or higher education institutions that provide law major education shall develop and submit detailed program of training courses pertaining to copyright and related right examination to the Minister of Culture, Sports and Tourism for approval and arrangement of training courses as per the law.”

1. Individuals that satisfy requirements under Clause 3 Article 201 of the Law on Intellectual Property shall submit application for copyright, related right examiner’s card to cultural authorities affiliated to provincial People’s Committees of administrative divisions where the applicants reside via online public service portal or in person or via post service. The application consists of:

a) Form No. 10 under Appendix III attached hereto;

b) Certified true copies or copies extracted from master registers of undergraduate or graduate degrees. Where application is submitted online, electronic copies or electronic certified copies shall be submitted.

Agencies that receive, process administrative procedures have the responsibility to actively operate, use information on database on degrees, certificates and shall only request applicants to provide physical documents if online information cannot be accessed or is inadequate, inaccurate;

c) Written confirmation of work experience according to Point dd Clause 3 Article 201 of the Law on Intellectual Property (issued by employer);

d) Original copies or certified true copies or copies from master registers of certificate of completion of training courses pertaining to copyright and related right examination if applicants have engaged in relevant fields that they apply for examiner’s card for adequate duration according to Point dd Clause 3 Article 201 of the Law on Intellectual Property. Where application is submitted online, electronic copies or electronic certified copies shall be submitted;

dd) 3 x 4 cm portraits of applicants. Where physical documents are submitted, 2 portraits in 3 x 4 cm dimensions shall be attached.

2. Within 15 working days from the date on which cultural authorities affiliated to provincial People’s Committees receive adequate application, cultural authorities shall issue decision on issuance of examiner’s card. In case of rejection, cultural authorities must respond in writing and state reasons. Form of copyright, related right asset examiner’s card is provided under Form No. 11 of Appendix III attached hereto.

3. Effectiveness of examiner’s card starts from the date of issue.

4. Re-issuance of examiner’s card:

a) Examiner’s card shall only be re-issued when previous examiner’s card is lost or damaged or in case of changes to information on examiner’s card;

b) Examiners applying for re-issuance of examiner's card shall submit application for re-issuance of examiner's card (Form No. 10 of Appendix III attached hereto) via online public service portal, via post service, or at headquarters of cultural authorities affiliated to provincial People's Committees that issue the previous examiner's card. If necessary, applicants shall attach documents under Point dd Clause 1 of this Article. Where previous examiner’s card is damaged, damaged card must also be surrendered;

c) Examiner’s card shall be re-issued within 12 working days from the date on which application for re-issuance is received.

5. Agencies that issue, re-issue examiner’s card have the right to revoke examiner’s card where:

a) Card holders no longer satisfy conditions under Article 93 hereof;

b) Card holders violate regulations in assessment operation at which point competent authorities request revocation of the assessor’s card as per the law;

c) There are grounds confirming that examiner’s card has been issued in an illegitimate manner.

6. Within 10 working days from the date on which decision on issuance, re-issuance, or revocation of examiner’s card is issued, cultural authorities affiliated to provincial People’s Committees shall notify agencies under Clause 7 of this Article regarding decision on issuance, re-issuance, or revocation and update list of examiners.

7. Administrative organizations assisting the Minister of Culture, Sports and Tourism in exercising governance pertaining to copyright and related right have the responsibility to declare list of examiners according to decision on issuance, re-issuance, revocation of examiner’s card on their website.”

1. Amend Points b and c Clause 1:

“b) Original copies or certified true copies or copies extracted from master registers of certificate of operation registration or decision on establishment issued by competent authorities. Where application is submitted online, electronic copies or electronic certified copies shall be submitted.

Agencies that receive and process administrative procedures have the responsibility to actively operate, use information on database on enterprise registration and shall only request applicants to provide physical documents if online information cannot be accessed or is inadequate, inaccurate;

c) Original copies or certified true copies or copies extracted from master registers of decision on recruitment or employment contracts or working contracts between the applicants and affiliated examiners. Where application is submitted online, electronic copies or electronic certified copies shall be submitted.”

2. Amend Points b and c Clause 4:

“b) Examining bodies that request re-issuance of certificate of examining body shall submit application via online public service portal, via post service, or at headquarters of administrative organizations assisting the Minister of Culture, Sports and Tourism in exercising governance pertaining to copyright and related rights. The application consists of:

Form No. 12 under Appendix III attached hereto;

Original copies or certified true copies or copies extracted from master registers of decision on recruitment or employment contracts or working contracts between the applicants and affiliated examiners (in case of changes to information on certificate of examining bodies). Where application is submitted online, electronic copies or electronic certified copies shall be submitted.

Where certificate of examining bodies is damaged, damaged certificate must be surrendered. In case of changes to information, legitimate documents proving the changes and previous certificate must be submitted together with the application;

c) Certificate of examining body shall be re-issued within 12 working days from the date on which adequate application is received.”

“b1) Competent authorities shall impose penalties on infringement of copyright and related right;”

“dd) Enterprises providing intermediate digital platforms, including online social media services, electronic commercial platforms, and other intermediate digital platforms;”

“3. Enterprises providing intermediate services, presiding digital platforms have the responsibility to prohibit information sharing, remove information, remove services, applications containing infringing elements, and other relevant responsibilities in accordance with regulations of the law on cybersecurity, electronic commerce, and relevant law provisions.”

1. In regard to business and commercial operations under sections 1 through 10 of this Appendix, urban area classification shall be applied as follows:

a) Hanoi City and Ho Chi Minh City: apply the royalty rate;

b) Class I urban area: apply 80% of the royalty rate;

c) Class II urban area: apply 50% of the royalty rate;

d) Class II urban area: apply 20% of the royalty rate. In case of rural and remote areas or areas with extremely disadvantaged conditions: apply 10% of the royalty rate.

2. Royalty rate above applies to copyright holders and similarly to related right holders in regard to sound recordings and video recordings.”

1. Add the phrase “truyện tranh” (comics) after the phrase “truyện ngắn” (short stories) under Point a Clause 1 Article 6; add the phrase “trên” (on) before the phrase “bao bì sản phẩm” (product packaging), the phrase “thiết kế trang trí;” (decorative design;) after the phrase “thiết kế thời trang;” (fashion design;) under Clause 8 Article 6.

2. Replace the phrase “cơ quan chuyên môn quản lý nhà nước về quyền tác giả, quyền liên quan của Bộ Văn hóa, Thể thao và Du lịch” (specialized agency responsible for state management of copyright and related rights under the Ministry of Culture, Sports and Tourism) with the phrase “tổ chức hành chính giúp Bộ trưởng Bộ Văn hóa, Thể thao và Du lịch thực hiện chức năng quản lý nhà nước về quyền tác giả, quyền liên quan” (administrative organizations assisting the Minister of Culture, Sports and Tourism in governance of copyright and related rights) under Clause 2 Article 23, Points a and b Clause 4, Points b and d Clause 5 Article 30, Clause 1, Point a Clause 2 Article 36, Clause 1, Point a Clause 3 Article 37, Clause 1 Article 42, Clause 3 Article 47, Clause 2 Article 54, Clause 7 Article 55, Point c Clause 4 Article 89, Point i Clause 3 Article 93, Point e Clause 3 Article 95, Article 96, các Clauses 1, 2, and 6 Article 99, Clause 3 Article 106, Clause 2 Article 111, and Clause 1 Article 113.

3. Add the phrase “trên Cổng dịch vụ công trực tuyến hoặc” (via Online public service portal or) after the phrase “nộp hồ sơ” (submit application) under Clause 2 Article 23, Point b Clause 4 Article 30, Point a Clause 2 Article 36, Point a Clause 3 Article 37.

4. Replace the phrase “20 ngày” (20 days) with the phrase “15 ngày làm việc” (15 working days) under Clause 4 Article 23, Point b Clause 2 Article 36, Point b Clause 3 Article 37, Clause 2 Article 99.

5. Replace the phrase “30 ngày” (30 days) with the phrase “22 ngày làm việc” (22 working days) under Point a Clause 4 Article 30.

6. Replace the phrase “khoản 1 Điều 26” (Clause 1 Article 26) with the phrase “khoản 1, 3a Điều 26” (Clauses 1 and 3a Article 26), the phrase “khoản 1 Điều 33” (Clause 1 Article 33) with the phrase “khoản 1, 2a Điều 33” (Clauses 1 and 2a Article 33) under Clauses 2, 3 Article 34, Clauses 1, 2 Article 35, Clause 1 Article 46, Clause 1 Article 50.

7. Add the phrase “, tái phát sóng, truyền đạt đến công chúng chương trình phát sóng” (, re-broadcast, simultaneously broadcast to public audience) after the phrase “để phát sóng” (to broadcast) under Clauses 1, 2 Article 35.

8. Add the phrase “, đơn vị cung cấp dịch vụ phát thanh, truyền hình” (, radio and television broadcasting service providers) after the phrase “tổ chức phát sóng” (broadcasting organizations) under Clause 3 Article 35.

9. Replace the phrase “Đơn đề nghị hủy bỏ hiệu lực Giấy chứng nhận đăng ký quyền tác giả, Giấy chứng nhận đăng ký quyền liên quan (theo Mẫu số 06 của Phụ lục III ban hành kèm theo Nghị định này)” [Application for cancellation of Certificate of registered copyright, Certificate of registered related rights (using Form No. 6 of Appendix III attached hereto)] with the phrase “Tờ khai đề nghị hủy bỏ hiệu lực Giấy chứng nhận đăng ký quyền tác giả, Giấy chứng nhận đăng ký quyền liên quan (theo mẫu)” [Declaration for cancellation of Certificate of registered copyright, Certificate of registered related rights (using provided form)] under Point b Clause 2 Article 42.

10. Replace the phrase “TỔ CHỨC ĐẠI DIỆN TẬP THỂ, TỔ CHỨC TƯ VẤN, DỊCH VỤ” (DESIGNATED COLLECTIVE REPRESENTATIVE, COPYRIGHT AND RELATED RIGHTS CONSULTANCY) with the phrase “TỔ CHỨC QUẢN LÝ TẬP THỂ, TỔ CHỨC DỊCH VỤ ĐẠI DIỆN” (ORGANIZATIONS ACTING AS COLLECTIVE MANAGEMENT, ORGANIZATIONS PROVIDING REPRESENTATION SERVICE) as title of Chapter V.

11. Replace the phrase “tổ chức tư vấn, dịch vụ quyền tác giả, quyền liên quan” (counseling organizations, service providers regarding copyright, related rights) with the phrase “tổ chức dịch vụ đại diện quyền tác giả, quyền liên quan” (copyright and related rights representative service organizations) under Point g Clause 2 Article 5, Points a and b Clause 3 Article 38, title of Article 55, Clauses 1, 2, and 7 Article 55.

12. Replace the phrase “tổ chức đại diện tập thể quyền tác giả, quyền liên quan” (organizations acting as collective representatives of copyright or related rights) with the phrase “tổ chức quản lý tập thể quyền tác giả, quyền liên quan” (organizations acting as collective management of copyright or related rights) under Points g and h Clause 2 Article 5, Point c Clause 3 Article 23, Clause 3 Article 24, Clause 2 Article 34, Articles 45, 46, 47, 48, 49, 50, 51, 52, 53, and 54, Clause 1 Article 56.

13. Add the phrase “biểu mức tiền bản quyền đã được phê duyệt,” (approved royalty rate,) before the phrase “Báo cáo thường niên” (Annual report) under Clause 1 Article 53.

14. Add the phrase “công lập” (public) after the phrase “đơn vị sự nghiệp” (service providers) under Point c Clause 1 Article 55; replace the phrase “người đứng đầu tổ chức” (heads of organizations) with the phrase “người đại diện theo pháp luật hoặc theo ủy quyền của tổ chức” (legal or authorized representatives of organizations) under Clause 2 Article 55.

15. Add the phrase “về nội dung được ủy quyền” (regarding authorized contents) after the phrase “thông tin công khai” (public information) under Clause 1 Article 56.

16. Add the phrase “tín hiệu cáp mang chương trình được mã hóa,” (encrypted program-carrying cable signals) before the phrase “tín hiệu vệ tinh mang chương trình được mã hóa” (encrypted program-carrying satellite signals) under Clause 1 Article 60, Clauses 2, 3, and 4 Article 61, Points e and g Clause 4 Article 67, Point a Clause 2 Article 77.

17. Replace the phrase “môi trường mạng viễn thông và mạng Internet” (telecommunication and internet network environment) with the phrase “không gian mạng” (cyberspace) under Clause 4 Article 64, Point h Clause 1 Article 75, title of Article 111, Clause 6 Article 111, Clause 2 Article 114.

18. Replace the phrase “mạng viễn thông và mạng Internet” (telecommunication and internet network) with the phrase “không gian mạng” (cyberspace) under Points a and b Clause 1 Article 110.

19. Replace the phrase “tư vấn, dịch vụ quyền tác giả” (copyright counseling, service) with the phrase “dịch vụ đại diện quyền tác giả” (copyright representative service) under Clause 11 Article 62; the phrase “tư vấn, dịch vụ quyền liên quan” (related right counseling, service) with the phrase “dịch vụ đại diện quyền liên quan” (relate right representative service) under Clause 7 Article 63.

20. Replace the phrase “Chi cục Hải quan” (Customs Sub-departments) with the phrase “cơ quan hải quan nơi đăng ký tờ khai hải quan” (customs authority where customs declaration is filed) under Clause 3 Article 88, Clauses 1, 2, and 4 Article 89.

21. Replace the phrase “Cục Hải quan tỉnh, thành phố và Tổng cục Hải quan” (Customs Departments of provinces and cities and General Department of Vietnam Customs) with the phrase “Chi cục Hải quan khu vực và Cục Hải quan” (regional customs sub-departments and Customs Departments) under Point d Clause 4 Article 89.

22. Replace the phrase “Chi cục Hải quan” (Customs Sub-departments) with the phrase “cơ quan hải quan ra quyết định tạm dừng” (customs authority that issue suspension decision) under Clause 6 Article 89.

23. Add the phrase “trên Cổng dịch vụ công trực tuyến hoặc” (via Online public service portal) before the phrase “trực tiếp” (in person) under Clause 1 Article 99.

24. Replace Appendix I under Decree No. 17/2023/ND-CP with Appendix I attached hereto.

25. Replace forms No. 02, 04, 05, 10, 11 Appendix III attached to Decree No. 17/2023/ND-CP with forms No. 02, 04, 05, 10, 11 respectively under Appendix III attached hereto.

26. Replace the phrase “Cục Bản quyền tác giả” (Copyright Office) with the phrase “(tổ chức hành chính giúp Bộ trưởng Bộ Văn hóa, Thể thao và Du lịch thực hiện chức năng quản lý nhà nước về quyền tác giả, quyền liên quan)” [(administrative organizations assisting the Minister of Culture, Sports and Tourism in governance of copyright and related rights)] under Forms No. 03, 12, and 13 Appendix III; replace the phrase “Luật Sở hữu trí tuệ năm 2005, được sửa đổi, bổ sung các năm 2009, 2019 và 2022” (the Law on Intellectual Property of 2005 amended in 2009, 2019, and 2022) with the phrase “Luật Sở hữu trí tuệ số ….” (the Law on Intellectual Property No. ……), the phrase “Cục trưởng” (Director) with the phrase “Thủ trưởng” (Figurehead) under Form No. 13 Appendix III attached to Decree No. 17/2023/ND-CP.

1. Repeal Clause 5 Article 5, Point d Clause 3 Article 23, Point dd Clause 3 Article 36, Point dd Clause 4 Article 37, Point c Clause 2 Article 39, Point c Clause 2 Article 42, Clause 4 Article 46, Clauses 3, 4, 5, and 6 Article 55, Article 85, Clause 3 Article 89, Article 97, forms No. 01, 06, 08, and 09 Appendix III.

2. Repeal the phrase “, không thể được tạo ra một cách dễ dàng đối với người có hiểu biết trung bình trong lĩnh vực tương ứng” (, cannot be easily created by a person with average understanding in respective field) under Clause 8 Article 6.

3. Repeal “ngày, tháng, năm sinh,” (date, month, year of birth,) under Point b Clause 2 Article 53.

4. Repeal the phrase “, pháp luật về tố tụng hình sự” (, criminal proceeding laws) under Clause 4 Article 81.

1. This Decree comes into force from April 9, 2026.

2. Chapter IV, including Articles 11, 12, 13, 14, and 15 of Decree No. 116/2026/ND-CP dated April 2, 0226 of the Government expires from the effective date hereof.

1. Administrative procedure dossiers pertaining to copyright and related rights submitted before the effective date hereof shall be handled in accordance with regulations of the law applicable on the date on which the dossiers are submitted.

2. Copyright, related right examiner’s cards issued before the effective date hereof shall remain effective for the purpose of independent operation. For the purpose of applying for re-issuance of examiner's card, applicants shall submit applications to cultural authorities affiliated to provincial People's Committees of administrative divisions where the applicants reside.

1. Ministers, figureheads of ministerial agencies, Chairpersons of People's Committees of provinces and central-affiliated cities, and relevant organizations, individuals shall be responsible for the implementation of this Decree.

2. Difficulties that arise during implementation of this Decree should be promptly reported to the Ministry of Culture, Sports and Tourism.