In the era of rapid Internet development, the protection of intellectual property has become increasingly important, particularly as copyright infringement through online platforms and social media has become significantly easier.
This article is prepared by DNP Law Firm to provide readers with the latest legal information regarding copyright protection. By understanding the relevant legal regulations, individuals and organizations may reduce potential legal risks while enhancing awareness of the rights arising from the intellectual property they own.
I. Concept of Copyright
The concept of copyright is provided under Clause 2 Article 4 of the Intellectual Property Law 2005, as amended and supplemented in 2009, 2019, 2022, and 2025, which stipulates:
“Copyright means the rights of organizations or individuals in respect of works created by themselves or owned by them.”
Pursuant to Article 18 of the Intellectual Property Law, copyright consists of two categories of rights, namely:
- Moral rights, and
- Economic rights.
II. Conditions for Copyright Protection
1. Conditions for Vietnamese authors or copyright owners
a) Types of works eligible for copyright protection
Pursuant to Article 14 of the Intellectual Property Law, the following types of works are eligible for copyright protection:
| No. | Types of Works |
|---|---|
| 1 | Literary works, scientific works, textbooks, teaching materials, and other works expressed in written language or other symbols |
| 2 | Lectures, speeches, and other oral presentations |
| 3 | Journalistic works |
| 4 | Musical works |
| 5 | Stage works |
| 6 | Cinematographic works and works created by similar methods (collectively referred to as cinematographic works) |
| 7 | Works of fine art and applied art |
| 8 | Photographic works |
| 9 | Architectural works |
| 10 | Sketches, diagrams, maps, drawings relating to topography, architecture, or scientific works |
| 11 | Works of folklore, literature, and folk art |
| 12 | Computer programs and data compilations |
| 13 | Derivative works, provided that such works do not prejudice the copyright of the original work used to create the derivative work |
b) Subjects who may be authors or copyright owners
Pursuant to Clause 1 Article 13 of the Intellectual Property Law, organizations or individuals eligible for copyright protection may fall into one of the following categories:
- Persons who directly create the work, or
- Copyright owners, including:
| No. | Possible Copyright Owners |
|---|---|
| 1 | The author |
| 2 | Co-authors |
| 3 | Organizations or individuals assigning tasks to authors or entering into contracts with authors |
| 4 | Heirs |
| 5 | Transferees of copyright |
| 6 | The State |
c) Protected works
According to Clause 3 Article 14 of the Intellectual Property Law, protected works include:
- The types of works listed above; and
- Derivative works, provided that they do not prejudice the copyright of the original work used to create them.
These works must be directly created by the author through their intellectual effort and must not be copied from the works of others.
2. Conditions for foreign authors or copyright owners
Foreign organizations or individuals may enjoy copyright protection in Vietnam if they:
- Satisfy the conditions specified in Section 1 (a), (b), and (c) above; and
Fall into one of the cases provided under Clause 2 Article 13 of the Intellectual Property Law, namely:
- The work is first published in Vietnam and has not been published in any other country;
- The work is simultaneously published in Vietnam within thirty days from its first publication in another country; or
- The work is protected in Vietnam under an international treaty on copyright to which the Socialist Republic of Vietnam is a member.
III. Types of Works Protected and Not Protected by Copyright
Pursuant to Articles 14 and 15 of the Intellectual Property Law, the following categories of works are protected or not protected by copyright:
| No. | Protected Works | Non-Protected Works |
|---|---|---|
| 1 | Literary and scientific works, textbooks, teaching materials | Pure news reporting |
| 2 | Lectures, speeches, oral presentations | Legal normative documents, administrative documents, judicial documents, and official translations thereof |
| 3 | Journalistic works | Processes, systems, operational methods, concepts, principles, or data |
| 4 | Musical works | Ideas, slogans, and titles of works considered independently |
| 5 | Stage works | — |
| 6 | Cinematographic works | — |
| 7 | Works of fine art and applied art | — |
| 8 | Photographic works | — |
| 9 | Architectural works | — |
| 10 | Maps, diagrams, drawings relating to topography or science | — |
| 11 | Works of folklore and folk literature | — |
| 12 | Computer programs and data compilations | — |
| 13 | Derivative works that do not prejudice original copyright | — |
IV. Important Considerations for Individuals and Organizations
Copyright is one of the most common rights within the field of intellectual property because virtually any individual or organization may create works eligible for copyright protection. Therefore, individuals and organizations should take note of the following:
- Identify types of works that are eligible for copyright protection in order to implement appropriate protection mechanisms;
- Distinguish between authors and copyright owners so that moral rights and economic rights can be properly allocated;
- Minimize legal risks associated with the creation of derivative works, particularly risks relating to infringement of the copyright of the original work or failure to satisfy protection conditions for derivative works.
The above information is provided by DNP Viet Nam Law Firm for reference purposes only.
For detailed, accurate, and situation-specific legal advice, please contact us using the information below.
DNP VIET NAM LAW FIRM – DNP VIET NAM LAW COMPANY LIMITED
🏢 5th Floor, 52 Nguyen Thi Nhung Street, Van Phuc Urban Area, Hiep Binh Ward, Ho Chi Minh City, Vietnam
📞 Hotline: 0987.290.273 (LL.M. Lawyer Dinh Van Tuan)
📩 Email: info@dnp-law.com
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