Decree 134/2026/ND-CP amending Decree 17/2023/ND-CP detailing Law on Intellectual Property regarding copyright and related rights

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 17/2023/ND-CP dated April 26, 2023 detailing a number of, and providing measures to implement, the Law on Intellectual Property regarding copyright and related rights

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Intellectual Property No. 50/2005/QH11 as amended and supplemented under Law No. 36/2009/QH12, Law No. 42/2019/QH14, Law No. 07/2022/QH15, Law No. 93/2025/QH15, and Law No. 131/2025/QH15;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 17/2023/ND-CP dated April 26, 2023 detailing a number of, and providing measures to implement, the Law on Intellectual Property regarding copyright and related rights.

Article 1. Amending and supplementing Article 1

“Article 1. Scope of regulation

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

a) The arising of copyright and related rights in case where artificial intelligence systems are used as prescribed in Clause 5 Article 6 of the Law on Intellectual Property;

b) The use of texts and data being subject matters protected by copyright and related rights for artificial intelligence systems as prescribed in Clause 5 Article 7 of the Law on Intellectual Property;

c) The competence and responsibilities for state management of copyright and related rights as prescribed in Clause 5 Article 11 of the Law on Intellectual Property;

d) Digital transformation and the development of specialized databases on copyright and related rights as prescribed in Clause 1 Article 11b of the Law on Intellectual Property;

dd) Types of works eligible for copyright protection as prescribed in Clause 4 Article 14 of the Law on Intellectual Property;

e) The protection of copyright for literary, artistic and scientific works as prescribed in Article 24 of the Law on Intellectual Property;

g) Cases of exceptions not constituting infringement of copyright and related rights as prescribed in Articles 25 and Article 32 of the Law on Intellectual Property; cases of exceptions not constituting infringement of copyright for persons with disabilities as prescribed in Article 25a of the Law on Intellectual Property;

h) Cases of limitations of copyright and related rights as prescribed in Articles 26 and Article 33 of the Law on Intellectual Property;

i) Cases where the State acts as the representative of copyright holders and related rights holders; cases where the State acts as the representative for the management of copyright and related rights as prescribed in Article 42 of the Law on Intellectual Property;

k) The use of works, performances, phonograms, video recordings, and broadcasts as prescribed in Clause 3 Article 43 of the Law on Intellectual Property;

l) The rate of distribution of royalties in case where no agreement is reached when phonograms and video recordings are used as prescribed in Clause 2 Article 44a of the Law on Intellectual Property;

m) The components of dossiers, conditions, order, procedures, and time limits for the grant, re-grant, renewal, and invalidation of copyright registration certificates and related rights registration certificates as prescribed in Clause 5 Article 49 and Article 55 of the Law on Intellectual Property;

n) The method and lawful representatives for submission of dossiers for copyright registration and related rights registration as prescribed in Clause 1 Article 50 of the Law on Intellectual Property;

o) Collective management organizations of copyright and related rights as prescribed in Article 56 of the Law on Intellectual Property;

p) Types and operational conditions of organizations providing copyright and related rights representation services as prescribed in Clause 3 Article 57 of the Law on Intellectual Property;

q) Legal liabilities of intermediary service providers in respect of copyright and related rights as prescribed in Article 198b of the Law on Intellectual Property;

r) Organization and operation of expert assessment in copyright and related rights as prescribed in Clause 6 Article 201 of the Law on Intellectual Property;

s) Special cases where the compulsory destruction of infringing pirated goods shall not apply as prescribed in Clause 6 Article 202 of the Law on Intellectual Property;

t) Conditions for application of remedial measures requiring distribution or use for non-commercial purposes as prescribed in Clause 2 Article 214 of the Law on Intellectual Property;

u) Cases where customs offices proactively suspend customs procedures for goods suspected of infringing copyright and related rights as prescribed at Point b Clause 2 Article 216 of the Law on Intellectual Property.

2. This Decree provides measures for organizing and guiding the implementation of the Law on Intellectual Property regarding the State’s policies on copyright and related rights, derivative works, subject matters excluded from copyright protection, moral rights, the right to perform works to the public, rights of co-authors, copyright co-holders, the term of protection of copyright for posthumous works, copyright holders, rights of performers, use of broadcasts, transfer of the right to use copyright and related rights, self-protection of copyright and related rights, disputes and determination of acts of infringement of copyright and related rights, determination of damages caused by infringement of copyright and related rights, requests for and settlement of requests for handling acts of infringement of copyright and related rights, handling of infringement of copyright and related rights, control of exported and imported goods related to copyright and related rights.

3. This Decree does not provide for royalties in case where the State acts as the representative of the copyright holder or the related rights holder, or where the State acts as the representative for the management of copyright and related rights; cases falling within limitations of copyright and limitations of related rights shall be governed the provisions of Article 35 of this Decree.”

Article 2. Adding Clause 12a after Clause 12 of Article 3

“12a. An encrypted program-carrying cable signal means a program-carrying cable signal that is transmitted in which either the audio characteristic, the visual characteristic, or both characteristics have been transformed or altered for the purpose of preventing persons without lawful cable signal decoding devices from unlawfully receiving the program transmitted in such signal.”

Article 3. Amending and supplementing a number of points of Article 5

1. To add Point p1 after Point p of Clause 2:

“p1) To develop and manage specialized database systems on copyright and related rights; to share and integrate data with relevant agencies and organizations;”

2. To amend and supplement Points q and r of Clause 2:

“q) To manage and organize the conduct of expert assessment in copyright and related rights; to grant, re-grant, and revoke Certificates of copyright and related rights assessment organizations;

r) To take the prime responsibility for, and coordinate with relevant competent state agencies in the inspection of compliance with the law, the settlement of complaints and denunciations, and the handling of violations of the law on copyright and related rights; to coordinate with competent state agencies in inspection activities regarding copyright and related rights in accordance with the law;”

3. To amend and supplement Points d and dd of Clause 4:

“d) To guide and support organizations and individuals in carrying out procedures regarding copyright and related rights at the local level; to grant, re-grant, and revoke copyright and related rights assessor cards;

dd) To conduct inspection of compliance with the law, to settle complaints and denunciations, and to handle violations of the law on copyright and related rights at the local level;”

Article 4. Adding Article 5a after Article 5

“Article 5a. The arising of copyright and related rights in case where subject matters of copyright and related rights are created with the use of artificial intelligence systems

1. Copyright and related rights in respect of works, performances, phonograms, video recordings, and broadcasts, in case where human beings use artificial intelligence systems to create, fix, or perform, shall arise in accordance with Clause 1 Article 6 of the Law on Intellectual Property only when all of the following conditions are fully satisfied:

a) Human beings make a substantial and decisive contribution to the creation of the work, the fixation or performance of the performance, phonogram, video recording, or broadcast, including: providing input data, technical parameters of an original nature of their own or preparing design documentation for computer programs; setting prompts to control the artificial intelligence system; evaluating, selecting, editing, intervening in, or interpreting the results generated by the artificial intelligence system; selecting, arranging, and organizing the content and form of expression of the subject matter of copyright and related rights; making decisions reflecting artistic intention, aesthetic judgment, or professional skills; deciding on the final result and ensuring that result reflects their own ideas rather than random or automated arrangements of algorithms;

b) Human beings shall be responsible for the content and legality of the subject matter of copyright and related rights created by them with the use of artificial intelligence systems;

c) No prejudice is caused to copyright and related rights in respect of subject matters used as input data for artificial intelligence systems.

2. Subject matters of copyright and related rights created, fixed, or performed in accordance with Clause 1 of this Article shall be protected with corresponding copyright and related rights if they fully satisfy the conditions for protection of copyright and related rights in accordance with the Law on Intellectual Property.

3. The person who creates a work in accordance with Clause 1 of this Article shall be determined as the author of the work created with the use of artificial intelligence systems.

4. Related rights of performers in accordance with Clause 1 of this Article shall arise only in respect of individuals who directly perform performances through their own artistic acts.

5. The copyright holders and the related rights holders in respect of subject matters of copyright and related rights created, fixed, or performed in accordance with Clause 1 of this Article shall be organizations or individuals in accordance with Chapter III of the Law on Intellectual Property.

6. The labeling and technical marking of subject matters of copyright and related rights created, fixed, or performed in accordance with Clause 1 of this Article shall comply with the provisions of the law on artificial intelligence.

7. Upon request for protection of copyright and related rights in respect of subject matters of copyright and related rights created, fixed, or performed with the use of artificial intelligence systems, the person who creates, fixes, or performs subject matters shall be required to prove their creation, fixation, or performance and shall truthfully declare the use of artificial intelligence systems when requested by competent authorities.

8. Evidentiary materials as prescribed in Clause 7 of this Article may include:

a) Input data, technical parameters or design documentation for computer programs, drafts, intermediate versions, and revisions during the creation process;

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

c) Documents describing the creation process or other lawful documents demonstrating intellectual contribution and human control.

9. In case where a product is entirely generated by artificial intelligence systems or does not fully satisfy the conditions prescribed in Clause 1 of this Article, copyright and related rights shall not arise in accordance with the Law on Intellectual Property.”

Article 5. Adding Article 5b after Article 5a

“Article 5b. Specialized database on copyright and related rights

1. The administrative organization assisting the Minister of Culture, Sports and Tourism in performing the function of state management of copyright and related rights shall be responsible for developing and managing the system of specialized databases on copyright and related rights; managing and organizing the implementation of the sharing, interconnection, connection, exploitation, international cooperation, and other activities related to the specialized database on copyright and related rights.

2. The specialized database on copyright and related rights shall be compiled in a selective and systematic manner, suitable for retrieval purposes, relating to:

a) Information on the grant, re-grant, renewal, and invalidation of copyright registration certificates and related rights registration certificates, including information on the legal status of subject matters of copyright and related rights updated during the process of settlement of administrative procedures;

b) Information on collective management organizations of copyright and related rights;

c) Information on organizations providing copyright and related rights representation services;

d) Information on copyright and related rights assessment organizations and assessors;

dd) Information on organizations meeting conditions related to cases of exceptions not constituting infringement of copyright for persons with disabilities and the catalog of copies of works in accessible formats of organizations;

e) Information on contact points regarding copyright and related rights of intermediary service providers;

g) Information on royalty tariff schedules in accordance with the law;

h) Other relevant information.

3. The specialized database on copyright and related rights shall be developed and managed in accordance with the principles of uniformity, publicity, and transparency, ensuring sharing, interconnection, and connection with relevant databases. Competent state management agencies at the central and local levels shall be responsible for accessing and exploiting the specialized database on copyright and related rights in accordance with regulations for the purpose of performing state management functions. Organizations and individuals shall have the right to access and exploit information permitted for disclosure in the database in accordance with the law.

4. The implementation of activities as prescribed in this Article shall comply with the provisions of the law on data, personal data protection, protection of state secrets, access to information, and other relevant laws.”

Article 6. Amending and supplementing a number of points and clauses of Article 8

1. To amend and supplement Point c of Clause 3:

“c) Method of operation means a set of instructions, rules, methods, or procedures to perform a work, operate an activity, or solve a specific problem;”

2. To add Clause 4 after Clause 3:

“4. Ideas; slogans; and titles of works independently as prescribed in Clause 4 Article 15 of the Law on Intellectual Property shall be understood as follows:

a) An idea means thoughts, intentions, or creative orientations that have not yet been fixed in a specific material form and do not constitute a creative product in the fields of literature, art, or science;

b) A slogan means short phrases or messages of a promotional or identificatory nature that do not reflect the personal imprint or independent creative choices of the author beyond ordinary linguistic expressions;

c) A title of a work independently shall be understood as the name of a work when it is separated from the content of such work.”

Article 7. Amending and supplementing Article 22

“Article 22. Use of work, performance, phonogram, video recording, and broadcast in case where the State acts as the representative of the copyright holder or the related rights holder

1. Organizations and individuals using work, performance, phonogram, video recording, and broadcast in case where the State acts as the representative of the copyright holder or the related rights holder as prescribed in Clause 1 Article 42 of the Law on Intellectual Property shall respect the moral rights prescribed in Clauses 1, 2, and 4 Article 19 and Clause 2 Article 29 of the Law on Intellectual Property and shall comply with the provisions on economic rights as follows:

a) Authorization shall be obtained and royalties shall be paid in cases as provided in 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) Authorization shall not be required but royalties shall be paid in cases as provided in Clauses 1 and 3a Article 26 and Clauses 1 and 2a Article 33 of the Law on Intellectual Property;

c) Neither authorization nor payment of royalties shall be required in cases as provided in 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. Organization and individual shall perform the obligations prescribed in Clause 1 of this Article with the agency representing the right holder as prescribed in Clause 3 Article 42 of the Law on Intellectual Property.

3. For copyright and related rights as prescribed at Point a Clause 1 Article 42 of the Law on Intellectual Property:

a) The exploitation of copyright and related rights shall comply with the provisions of the law on management and use of public property and other relevant laws;

b) In case where the agency representing the right holder is a public non-business unit, implementation shall comply with the provisions of the Government’s Decree detailing a number of articles of the Law on Management and Use of Public Property;

c) For cases not prescribed at Point b of this clause, the following shall apply:

The head of the agency representing the right holder shall decide on the exploitation of copyright and related rights within the scope of management according to the competence assigned, in cases exceeding competence, a report must be made to the competent authority for decision in accordance with the law.

Decisions on the exploitation of copyright and related rights must be made in writing and archived in the dossier for management of public property.

The amount of royalties collected from the exploitation of public property being copyright and related rights, after deduction of expenses related to the organization of exploitation and use and the performance of financial obligations to the State (if any), shall be remitted to the state budget in accordance with the provisions of the law on the state budget, the law on management and use of public property, and other relevant laws.

4. For copyright and related rights as prescribed at Point b Clause 1 Article 42 of the Law on Intellectual Property:

a) In case where the copyright holder or the related rights holder voluntarily transfers ownership to the State, implementation shall comply with the provisions of the Government’s Decree providing competence and procedures for the establishment of all-people ownership over property and handling of property subject to all-people ownership;

b) For cases not prescribed at Point a of this Clause, implementation shall comply with Clause 3 of this Article.

5. For copyright and related rights as prescribed at Point c Clause 1 Article 42 of the Law on Intellectual Property, implementation shall comply with the provisions of the Government’s Decree providing competence and procedures for the establishment of all the people ownership over property and handling of property subject to all the people ownership.

6. State agencies, organizations, and individuals, upon detecting acts of infringement of copyright and related rights as prescribed in Clause 1 of this Article, shall have the right to request competent state agencies to handle in accordance with the law.”

Article 8. Amending and supplementing Points a and b Clause 5 Article 23

“a) In case where a written objection is received and the right holder is identified in accordance with the provisions on presumption of copyright and related rights and other relevant provisions of law, within 15 working days, the agency prescribed in Clause 2 of this Article shall notify the result in writing to the right holder and the organization, individual submitting the dossier so that the parties may directly negotiate the use in accordance with the law;

b) In case where no written objection is received, or where a written objection is received but the right holder cannot be identified in accordance with the provisions on presumption of copyright and related rights and other relevant provisions of law, and it does not fall within the cases of refusal of the dossier as prescribed at Points a and c Clause 7 of this Article, within 15 working days, the agency prescribed in Clause 2 of this Article shall send a notice requesting payment of royalties together with a draft calculation of royalties to the organization, individual submitting the dossier.

The organization, individual receiving the notice must pay royalties in accordance with the draft calculation of royalties within 5 working days (with a copy of the proof of royalty payment);”

Article 9. Amending and supplementing Clause 2 Article 25

“2. Copying devices as prescribed at Points a, b, and e Clause 1 Article 25 of the Law on Intellectual Property are devices having copying functions in which all or part of the relevant components are automated.”

Article 10. Amending and supplementing Clause 3 Article 29

“3. The reproduction or transmission of works stored for use in inter-library connectivity through computer networks as prescribed at Point e Clause 1 Article 25 of the Law on Intellectual Property must apply measures to prevent acts of infringement of copyright and shall not provide to the public digital copies of works outside the premises of the library lawfully using such copies. Use on the computer systems of mobile library vehicles in mobile services, programs serving political tasks outside libraries in locations where there is no network shall also be deemed to be use within the premises of the library.”

Article 11. Adding Clause 2a after Clause 2 Article 34

“2a. In case where a broadcast program uses works, phonograms, or video recordings as prescribed in Clause 2 of this Article and is simultaneously transmitted, retransmitted, relayed, or transmitted via cable, electronic information networks, telecommunications networks, the Internet, or any other technical means, the broadcasting organization producing the broadcast program shall be responsible for coordinating with organizations and individuals conducting transmission, relaying, or cable or network transmission or transmission by any other technical means in providing lists and durations of use of works, phonograms, and video recordings to perform obligations towards the copyright holders and the related rights holders.”

Article 12. Adding Section 3 after Section 2 of Chapter III

“Section 3

USE OF TEXT AND DATA BEING SUBJECT MATTER PROTECTED BY COPYRIGHT AND RELATED RIGHTS FOR ARTIFICIAL INTELLIGENCE SYSTEMS”

Article 13. Adding Article 37a to Section 3 Chapter III and after Article 37

“Article 37a. Conditions for the use of texts and data being subject matters protected by copyright and related rights as prescribed in Clause 5 Article 7 of the Law on Intellectual Property

1. Texts and data being subject matters protected by copyright and related rights used in accordance with Clause 5 Article 7 of the Law on Intellectual Property must comply with:

a) Be legally published in accordance with the provisions of Clause 8, Article 3 of this Decree;

b) Be accessed through lawful acts and from lawful sources;

c) Not invalidate or render ineffective the technological protection measures implemented by the copyright owner to protect their copyright and related rights.

2. The use of texts and data being subject matters protected by copyright and related rights in accordance with Clause 5 Article 7 of the Law on Intellectual Property must fully comply with the following conditions:

a) The use is solely for the purposes of scientific research, experimentation, and training of artificial intelligence systems and is not for commercial purposes;

b) The use does not conflict with the normal exploitation of texts and data being subject matters protected by copyright and related rights and does not unreasonably prejudice the legitimate interests of authors, performers, copyright holders, and related rights holders;

c) The outputs of artificial intelligence systems do not substitute the market for or the normal exploitation of subject matters of copyright and related rights and do not create unfair competition with respect to the exploitation and use of subject matters of copyright and related rights.”

Article 14. Adding Article 37b to Section 3 Chapter III and after Article 37a

“Article 37b. Reservation of rights by authors, performers, copyright holders, and related rights holders

1. Authors, performers, copyright holders, and related rights holders shall have the right to reserve their copyright and related rights, not permitting their texts and data being subject matters protected by copyright and related rights to be used for the purposes of scientific research, experimentation, and training of artificial intelligence systems, except in cases prescribed in Clause 3 of this Article.

2. The reservation as prescribed in Clause 1 of this Article must be made in the following forms:

a) Indicated in metadata, technological protection measures, or machine-readable rights management information attached to the originals or copies of subject matters of copyright and related rights in electronic form and publicly disclosed in a clear manner, ensuring that organizations and individuals using are able to recognize and access;

b) Publicly disclosed on the websites of collective management organizations of copyright and related rights authorized.

3. The reservation of rights as prescribed in Clause 1 of this Article shall not apply in case where the use of texts and data being subject matters protected by copyright and related rights fully comply with the conditions prescribed in Article 37a of this Decree.”

Article 15. Adding Article 37c to Section 3 Chapter III and after Article 37b

“Article 37c. Responsibilities of organizations and individuals using texts and data

1. Organizations and individuals using texts and data being subject matters protected by copyright and related rights in accordance with Clause 5 Article 7 of the Law on Intellectual Property and Article 37a of this Decree shall have the following responsibilities:

a) To retain technical dossiers, training data, and data used in accordance with the provisions of the law on artificial intelligence and to be ready to provide information upon request of competent state authorities for the purposes of verification, dispute settlement, and handling of relevant violations of law;

b) To respect the reservation of rights of authors, performers, copyright holders, and related rights holders as prescribed in Article 37b of this Decree.

2. Organizations and individuals using texts and data being subject matters protected by copyright and related rights to train artificial intelligence systems, including training data processed in accordance with Clause 2 Article 37a of this Decree, when engaging in commercial exploitation shall comply with Clause 1 of this Article and shall perform the obligation to pay royalties from the time of use in accordance with the law.”

Article 16. Amending and supplementing a number of points and clauses of Article 38

1. To amend and supplement Clause 1:

“1. Authors, copyright holders, and related rights holders being Vietnamese individuals or organizations, foreign individuals permanently residing in Vietnam, or foreign organizations having headquarters, representative offices, or branches in Vietnam may directly submit or authorize a lawful representative in Vietnam to submit dossiers for copyright registration and related rights registration.”

2. To amend and supplement Clause 2:

“2. Authors, copyright holders, and related rights holders being foreign individuals not permanently residing in Vietnam or foreign organizations without headquarters, representative offices, or branches in Vietnam shall submit dossiers for copyright registration and related rights registration through authorization of organizations providing copyright and related rights representation services in Vietnam.”

3. To amend and supplement Points a and b of Clause 5:

“a) Organizations and individuals shall submit 01 dossier 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 of this Decree, pay fees and charges, and receive the results of settlement of administrative procedures in accordance with the law;

b) Competent state authorities shall review, classify, and assess the validity of dossiers requesting the grant of Copyright registration certificates and Related rights registration certificates within 22 working days from the date of receipt of the dossier; dossiers requesting re-grant of the Copyright registration certificates and Related rights registration certificates shall be processed within 8 working days from the date of receipt of the dossier; dossiers requesting renewal of the Copyright registration certificates and Related rights registration certificates shall be processed within 13 working days from the date of receipt of the dossier;”

4. To amend and supplement Clause 6:

“6. In case where dossiers for copyright registration or related rights registration are submitted through authorization, the dossier must include the power of attorney. The power of attorney must clearly state the contact information of the authorizing party and the authorized party; the name of the work, performance, phonogram, video recording, or broadcast; the scope of authorization; and the duration of authorization.

In case where both the authorizing party and the authorized party are individuals, the power of attorney must be notarized or authenticated in accordance with the law; in other cases, the power of attorney must reflect the mutual agreement of the parties.”

5. To add Clause 6a after Clause 6:

“6a. The declaration for copyright registration and related rights registration as prescribed at Point a Clause 2 Article 50 of the Law on Intellectual Property must be made in Vietnamese and must contain full information on the author, the copyright holder, or the related rights holder; the date of completion; a summary of the content of the work, performance, phonogram, video recording, or broadcast; the name of the author, the copyright holder, and the work used as a derivative work if the registered work is a derivative work; the time, place, and form of publication; information on re-grant or renewal (if any); information on the applicant; and a commitment regarding responsibility for the information stated in the declaration. The declaration for copyright registration and related rights registration shall follow the form prescribed by the Minister of Culture, Sports and Tourism corresponding to procedures for the grant, re-grant, renewal, and invalidation of Copyright registration certificates and Related rights registration certificates.”

6. To amend and supplement Clause 7:

“7. Documents in the dossier for copyright registration and related rights registration prescribed at Points c, d, dd, and e Clause 2 Article 50 of the Law on Intellectual Property must be made in Vietnamese; in case where documents are made in another language, they must be translated into Vietnamese (with notarization or consular legalization). Documents in the dossier for copyright registration and related rights registration must be typed or printed in indelible ink, clear, clean, without erasures or alterations; where minor errors attributable to typographical mistakes are identified in the submitted documents, the applicant may correct such errors; however, each correction shall be confirmed by the signature (and seal, if any) of the applicant at the place of correction.

In case where documents are submitted in electronic form, the name of the electronic document must correspond to the name of the type of document as prescribed.”

7. To amend and supplement Clause 8:

“8. Dossiers for copyright registration and related rights registration shall be submitted via the online public service portal, directly, or through postal services to the administrative organization assisting the Minister of Culture, Sports and Tourism in performing the function of state management of copyright and related rights.”

8. To add Clause 9 after Clause 8:

“9. Competent state authorities shall issue Copyright registration certificates and Related rights registration certificates in electronic form to organizations and individuals, and in paper form upon request of organizations and individuals. Copyright registration certificates and Related rights registration certificates in electronic form shall have the same legal validity as paper documents.”

Article 17. Amending and supplementing a number of clauses of Article 39

1. To amend and supplement Clause 1:

“1. The components of dossiers for carrying out procedures for the grant of Copyright registration certificates and Related rights registration certificates shall be as prescribed in Article 39a of this Decree.”

2. To add Clause 2a after Clause 2:

“2a. Competent state authorities shall be responsible for notifying in writing or via electronic systems the suspension of consideration for the grant of Copyright registration certificates and Related rights registration certificates where there is a document on acceptance for handling of a dispute case issued by a Court or an Arbitral Tribunal, or a document on acceptance of complaints or denunciations issued by competent authorities, or a document issued by a proceeding-conducting authority regarding the acceptance and settlement of information on crimes or the initiation of criminal proceedings related to acts of infringement of intellectual property rights in accordance with the law. The period of suspension shall last until an effective decision, or award is issued or until the expiration of the time limit for dossier settlement, whichever is earlier. Upon the expiry of the suspension period, the competent state authority shall be responsible for continuing the process or returning the dossier in accordance with regulations and notifying the organization or individual.”

Article 18. Adding Article 39a after Article 39

“Article 39a. Components of dossiers for carrying out procedures for the grant of Copyright registration certificates and Related rights registration certificates

1. A declaration requesting the grant of a Copyright registration certificates and Related rights registration certificates (in the prescribed form), signed or fingerprinted by the author, the copyright holder, or the related rights holder, except in case where the person is physically unable to sign or provide a fingerprint.

2. A copy of the work or a copy of the fixation of the performance, phonogram, video recording, or broadcast. In case where dossiers are submitted in paper form, 02 corresponding copies shall be submitted.

3. A power of attorney, where the applicant is authorized by the author, the copyright holder, or the related rights holder in accordance with Clause 6 Article 38 of this Decree.

4. Documents proving ownership of rights:

a) Documents proving identity in respect of individuals: 01 copy of an Identity Card or Citizen Identity Card or Passport, except in case where data can be extracted from the National population database;

b) Documents proving legal status in respect of organizations: 01 copy of the enterprise registration certificate or establishment license or establishment decision, except in case where data can be extracted from the National enterprise registration database;

c) Documents proving ownership of rights arising from assignment of creation tasks shall be the decision on assignment of tasks or the confirmation of assignment of tasks to individuals under such unit or organization;

d) Documents proving ownership of rights arising from contractual creation shall be contracts, rules, or regulations governing contests;

dd) Documents proving ownership of rights arising from inheritance shall be the document determining inheritance rights notarized or authenticated in accordance with the law;

e) Documents proving ownership of rights arising from transfer of rights shall be contracts for assignment, donation, sale, or capital contribution in writing in accordance with the law;

g) In case where the author is not simultaneously the copyright holder, there must be a written undertaking confirming independent creation, non-infringement of the provisions of Vietnamese law, and creation based on a decision or confirmation of assignment of tasks, a contract, or participation in a contest, and assuming legal responsibility for the contents of undertaking.

In case where organizations or individuals fixing or performing performances, phonograms, video recordings, or broadcasts are not simultaneously the related rights holders, there must be a written undertaking confirming independent fixation or performance, no prejudice to copyright, non-infringement of the provisions of Vietnamese law, and fixation or performance based on a decision or confirmation of assignment of tasks, a contract, or participation in a contest, and assuming legal responsibility for the contents of undertaking;

h) In case where artificial intelligence systems are used to create works, to fix or perform performances, phonograms, video recordings, broadcasts, there must be a written undertaking of the person directly creating, fixing, or performing, together with a description of the use of artificial intelligence systems in the process of creation, fixation, or performance in accordance with Clause 1 Article 5a of this Decree;

i) Documents prescribed at Points c, d, dd, and e of this Clause must be originals or certified copies in accordance with the law; or electronic copies or authenticated electronic copies in case where dossiers are submitted online.

5. Written consent of co-authors, where the work has co-authors, except where all co-authors have signed the declaration for copyright and related rights registration.

6. Written consent of co-owners, where copyright or related rights are jointly owned, except where all co-owners have signed the declaration for copyright and related rights registration.

7. In case where the work, performance, phonogram, video recording, or broadcast uses images, personal information of other persons or uses subject matters of copyright or related rights of other persons, written consent of such persons must be obtained, except where otherwise permitted by the law.”

Article 19. Amending and supplementing a number of points and clauses of Article 40

1. To amend and supplement Points a and b of Clause 2:

“a) A declaration requesting the re-grant of a Copyright registration certificates and Related rights registration certificates (in the prescribed form), signed or fingerprinted by the author, the copyright holder, or the related rights holder, except in case where the person is physically unable to sign or provide a fingerprint;

b) A copy of the work, the fixation of the performance, phonogram, video recording, or broadcast. In case where dossiers are submitted in paper form, 02 corresponding copies shall be submitted;”

2. To amend and supplement Point c of Clause 3:

“c) In cases as prescribed at Points b and d Clause 2 Article 39 of this Decree.”

3. To add Clause 3a after Clause 3:

“3a. Competent state authorities shall notify the suspension in cases prescribed in Clause 2a Article 39 of this Decree.”

Article 20. Amending and supplementing a number of points and clauses of Article 41

1. To amend and supplement Clause 1:

“1. Copyright registration certificates and Related rights registration certificates shall be renewed in case where there is a change in the copyright holder or the related rights holder, or changes in information relating to the author, the copyright holder, or the related rights holder, or the title of the work, performance, phonogram, video recording, or broadcast.”

2. To amend and supplement a number of points of Clause 2:

a) To amend and supplement Points a and b:

“a) A declaration requesting renewal of a Copyright registration certificates and Related rights registration certificates (in the prescribed form), signed or fingerprinted by the author, the copyright holder, or the related rights holder, except in case where the person is physically unable to sign or provide a fingerprint;

b) A copy of the work, the fixation of the performance, phonogram, video recording, or broadcast. In case where dossiers are submitted in paper form, 02 corresponding copies shall be submitted;”

b) To add Points dd and e after Point d:

“dd) Documents proving the change in cases of change of the copyright holder or the related rights holder, or changes in information relating to the author, the copyright holder, or the related rights holder;

e) Written consent of the author in cases of change of the title of the work, except where the right to name the work has been transferred in accordance with Clause 1 Article 19 of the Law on Intellectual Property.”

3. To amend and supplement Point b of Clause 3:

“b) In cases as prescribed at Points b and d Clause 2 Article 39 of this Decree.”

4. To add Clause 3a after Clause 3:

“3a. Competent state authorities shall notify the suspension in cases prescribed in Clause 2a Article 39 of this Decree.”

Article 21. Amending and supplementing a number of clauses of Article 43

1. To add Clause 3a after Clause 3:

“3a. Where works, performances, phonograms, video recordings, or broadcasts are attached to goods or products, the title and content of works, performances, phonograms, video recordings, or broadcasts must comply with the provisions of the law on advertising and other relevant laws.”

2. To add Clause 3b after Clause 3a:

“3b. Works, performances, phonograms, video recordings, or broadcasts containing content related to medicine, education, standards, technical regulations, and other specialized or specific fields shall be accompanied by documents, papers, confirmations, certifications, appraisals, or approvals issued by competent agencies or organizations in accordance with the law.”

3. To amend and supplement Clause 4:

“4. Cinematographic works must include a film script constituting the entire content of the film in accordance with the provisions of the law on cinematography, presented in written form.”

4. To amend and supplement Clause 6:

“6. Works of fine art and applied art must comply with the following requirements:

a) Copies of the work must be clearly presented on A4-sized paper, accurately reflecting the layout, lines, colors, and shapes of the entire work;

b) In case where the work contains letters or words not in Vietnamese, it must be clearly stated that words have no meaning in Vietnamese, and where such letters or words have meaning, they must be translated into Vietnamese; where the work contains numerals other than Arabic numerals or Roman numerals, they must be converted into Arabic numerals;

c) In case where works of applied art are presented in the form of design files, drawings, or digital data, the copy submitted must be an image extracted from the original file, ensuring clear presentation of the creative content and form of expression of the work.”

5. To amend and supplement Clause 9:

“9. Computer programs must comply with the following requirements:

a) Copies of computer programs must include an electronic version containing the code and interface of the program capable of being installed to execute, and a printed version on A4-sized paper containing the entire interface and source code of such program. In case where the printed source code consists of 100 pages or more, the first 25 pages, 25 middle pages, and the last 25 pages of the source code shall be printed;

b) For computer programs that are game software, a game script must be provided.”

Article 22. Amending and supplementing a number of points and clauses of Article 71

1. To amend and supplement Point a Clause 2:

“a) The transfer price or the price for licensing the use of copyright or related rights. The valuation of goods relating to copyright and related rights shall be implemented in accordance with Clauses 1, 2, and 3 Article 81 of this Decree;”

2. To amend and supplement Clause 3:

“3. Valuation reports and valuation certificates issued by valuation enterprises regarding the monetary value of subject matters of copyright and related rights as prescribed in Clause 2 of this Article shall be used as one of the bases for competent organizations and individuals to consider, decide on, or approve prices.”

Article 23. Adding Clause 5 after Clause 4 of Article 81

“5. The determination of the value of goods infringing copyright and related rights in criminal cases shall be carried out in accordance with the provisions of the law on property valuation in criminal proceedings.”

Article 24. Amending and supplementing Article 84

“Article 84. Compulsory destruction

1. In respect of pirated goods, the competent authority handling infringements shall decide to apply the measure of compulsory destruction of pirated goods at the request of the copyright holder or the related rights holder without any form of compensation, except in the following cases:

a) Goods from which the infringing elements have been removed, being essential goods serving humanitarian purposes, medical purposes, disaster prevention and control, epidemic prevention and control, or the public interest;

b) Goods from which the infringing elements have been removed and where the destruction of goods is contrary to social ethics or causes serious adverse impacts on the public interest, public health, social welfare, or the environment.

2. In the cases prescribed at Points a and b Clause 1 of this Article, the competent authority handling infringements may decide to apply the measure of compulsory distribution or use for non-commercial purposes. The application of such measure shall comply with Clause 1 Article 83 of this Decree.

3. The measure of compulsory destruction of infringing goods (excluding pirated goods), materials, raw materials, and means used primarily for the production or trading of infringing goods shall be applied in case where the conditions for applying the measure of compulsory distribution or use for non-commercial purposes as prescribed in Article 83 of this Decree are not fully meet.”

Article 25. Amending and supplementing Article 87

“Article 87. Customs offices competent to receive applications

Customs offices competent to receive applications for inspection, supervision, or suspension of customs procedures shall act in accordance with the provisions of the law on customs.”

Article 26. Amending and supplementing a number of clauses of Article 88

1. To amend and supplement Clause 1:

“1. Customs offices shall be responsible for considering and issuing a notice of acceptance of the application within the prescribed time limit, provided that the applicant has fulfilled the obligations prescribed at Points a, b, and c Clause 1 and Clause 2 Article 217 of the Law on Intellectual Property and has submitted a valid application in accordance with the provisions of the law on customs. In cases of refusal, customs offices must respond in writing to the applicant and clearly state the reasons.”

2. To amend and supplement Clause 2:

“2. On the basis of the notice of acceptance of the application for inspection and supervision of exported and imported goods, regional Customs Sub-Departments and Anti-Smuggling Investigation Sub-Departments shall retrieve data from the system to organize the implementation of inspection and supervision within respective areas of management.”

Article 27. Adding Article 96a after Article 96

“Article 96a. Professional training course on expert assessment in copyright and related rights

1. Objectives of the professional training course on expert assessment in copyright and related rights:

a) To provide legal knowledge, skills, and professional methods necessary for expert assessment in copyright and related rights;

b) To equip and enhance practical capacities for expert assessment, including: sampling, handling and preservation of samples; receipt, handling and preservation of objects subject to assessment; collection and processing of documents and information serving expert assessment; application of the law and appropriate use of professional skills and methods for the conduct of expert assessment in copyright and related rights;

c) To develop and strengthen awareness of professional ethics, legal responsibility, independence, objectivity, and integrity in expert assessment in copyright and related rights.

2. Requirements for the training course on expert assessment in copyright and related rights:

a) The training course on expert assessment in copyright and related rights shall be organized uniformly nationwide;

b) The training program on expert assessment in copyright and related rights shall have a minimum total duration of 200 hours, ensuring a balance between theory and practice, being updated in accordance with current legal regulations and international practice, and including components for assessing the learning outcomes of participants of training.

The framework curriculum for the training course on expert assessment in copyright and related rights is provided in Appendix II issued together with this Decree;

c) The assessment of learning outcomes shall cover legal knowledge, professional skills and methods, practical competence, and professional ethics, ensuring objectivity and transparency.

3. 3. Individuals assessed as having successfully completed the training course on expert assessment in copyright and related rights shall be issued with a certificate of completion of the training course on expert assessment in copyright and related rights by the training institution referred to in Clause 4 of this Article.

4. Based on the provisions of the Law on Intellectual Property and this Decree, public non-business units with training functions or higher education institutions offering law programs shall develop detailed curricula for the training course on expert assessment in copyright and related rights, submit them to the Minister of Culture, Sports and Tourism for approval, and organize training courses in accordance with the law.”

Article 28. Amending and supplementing Article 98

“Article 98. Procedures for the grant, re-grant, and revocation of copyright and related rights assessor cards

1. Individuals meeting the conditions prescribed in Clause 3 Article 201 of the Law on Intellectual Property and requesting the grant of a copyright and related rights assessor card shall submit 01 dossier requesting the grant of assessor card via the online public service portal, directly, or through postal services to the specialized cultural agency under the Provincial-level People’s Committee where the individual permanently resides. The dossier shall comprise:

a) A declaration requesting the grant of a copyright and related rights assessor card (according to Form No. 10 of Appendix III promulgated together with this Decree);

b) The original, a certified copy, or a copy from the original register of a university or postgraduate diploma. In cases of online submission, an electronic copy or an authenticated electronic copy shall be submitted.

The authority receiving and handling administrative procedures shall be responsible for proactively extracting and using information from databases on diplomas and certificates as a substitute and may only request organizations or individuals to provide the documents specified at this Point where information cannot be extracted or is incomplete or inaccurate;

c) A certificate of working experience as prescribed at Point dd Clause 3 Article 201 of the Law on Intellectual Property (issued by the agency or organization where the individual works);

d) The original, a certified copy, or a copy from the original register of a certificate of completion of the professional training course on expert assessment in copyright and related rights in case where the applicant has at least five years of practical professional experience in the field for which the assessor card is sought in accordance with Point dd Clause 3 Article 201 of the Law on Intellectual Property. In cases of online submission, an electronic copy or an authenticated electronic copy shall be submitted;

dd) A portrait photograph of the applicant for the assessor card sized 3 x 4 cm. In cases of submission in paper form, 02 color photographs sized 3 x 4 cm shall be submitted.

2. Within 15 working days from the date of receipt of a complete and valid dossier, the specialized cultural agency under the People’s Committee at the provincial level shall issue a decision to grant the assessor card. In cases of refusal, a written notice stating the reasons must be provided. The form of the copyright and related rights assessor card is prescribed in Form No. 11 of Appendix III promulgated together with this Decree.

3. Validity of the assessor card: The assessor card shall be valid from the date of issuance.

4. Re-grant of the assessor card:

a) Re-grant shall only be made in case where the assessor card is lost, damaged, or where there is a change in the information recorded on the assessor card;

b) The assessor requesting re-grant shall submit a declaration requesting re-grant of the Copyright and related rights assessor card (according to Form No. 10 of Appendix III promulgated together with this Decree) via the online public service portal, through postal services, or at the headquarters of the specialized cultural agency under the People’s Committee at the provincial level that issued the card. Where necessary, organizations or individuals shall submit documents as prescribed at Point dd Clause 1 of this Article. In case where the issued assessor card is damaged, the damaged assessor card must be returned;

c) The time limit for re-grant shall be 12 working days from the date of receipt of a complete and valid dossier requesting re-grant of the assessor card.

5. The authority that has granted or re-granted the assessor card shall have the right to revoke the assessor card in any of the following cases:

a) The person granted the assessor card no longer meets the conditions prescribed in Article 93 of this Decree;

b) The person granted the assessor card commits violations of law in expert assessment activities and is subject to a request for revocation by a competent state authority in accordance with the law;

c) There is evidence confirming that the assessor card was granted contrary to the provisions of law.

6. Within 10 working days from the date of issuance of a decision on grant, re-grant, or revocation of the assessor card, the specialized cultural agency under the People’s Committee at the provincial level shall notify the authority prescribed in Clause 7 of this Article of decision on grant, re-grant, or revocation of the assessor card for recording and updating in the List of assessors.

7. The administrative organization assisting the Minister of Culture, Sports and Tourism in performing the function of state management of copyright and related rights shall be responsible for publishing the List of assessors based on decisions on grant, re-grant, and revocation of assessor cards on official website of this organization.”

Article 29. Amending and supplementing a number of points and clauses of Article 99

1. To amend and supplement Points b and c Clause 1:

“b) The original, a certified copy, or a copy from the original register of the certificate of operation registration or establishment decision issued by a competent state authority. In cases of online submission, an electronic copy or an authenticated electronic copy shall be submitted.

The authority receiving and handling administrative procedures shall be responsible for proactively extracting and using information from the National enterprise registration database as a substitute and may only request organizations or individuals to provide the documents specified in this Point where information cannot be extracted or is incomplete or inaccurate;

c) The original, a certified copy, or a copy from the original register of the recruitment decision or labor contract or working contract between the organization and the assessor working for organization. In cases of online submission, an electronic copy or an authenticated electronic copy shall be submitted.”

2. To amend and supplement Points b and c Clause 4:

“b) Organizations providing expert assessment services requesting re-grant of a Certificate of organization providing expert assessment shall submit dossiers via the online public service portal, through postal services, or at the headquarters of the administrative organization assisting the Minister of Culture, Sports and Tourism in performing the function of state management of copyright and related rights. The dossier shall comprise:

A declaration requesting re-grant of a Certificate of organization providing expert assessment in copyright and related rights (according to Form No. 12 of Appendix III promulgated together with this Decree);

The original, a certified copy, or a copy from the original register of the recruitment decision or labor contract or working contract between the organization and the assessor working for organization (in case where there is a change compared to the contents recorded in the issued Certificate of organization providing expert assessment). In cases of online submission, an electronic copy or an authenticated electronic copy shall be submitted.

In case where the issued Certificate of organization providing expert assessment is damaged, the damaged Certificate must be returned. In case where there is a change in information, lawful documents proving such change must be provided and the issued Certificate of organization providing expert assessment must be returned;

c) The time limit for re-grant shall be 12 working days from the date of receipt of a complete and valid dossier requesting re-grant of the Certificate of organization providing expert assessment.”

Article 30. Adding Point b1 after Point b Clause 1 Article 100

“b1) Competent state authorities responsible for handling acts of infringement of copyright and related rights;”

Article 31. Amending and supplementing Point dd Clause 2 Article 110

“dd) Enterprises providing intermediary digital platform services, including online social networking services, e-commerce platforms, and other intermediary digital platforms;”

Article 32. Adding Clause 3 after Clause 2 Article 112

“3. Enterprises providing intermediary services and entities operating digital platforms shall be responsible for preventing the sharing of information, removing information, and taking down services and applications containing infringing content, and for performing other related responsibilities in accordance with the law on cybersecurity, e-commerce, and other relevant laws.”

Article 33. Amending and supplementing the Notes of Appendix II

“Notes:

1. For business and commercial activities specified in items 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of this Appendix, the following urban classification regulations shall apply:

a) Hanoi and Ho Chi Minh City: application according to the price bracket;

b) Class I urban areas: application of 80% of the price bracket;

c) Class II urban areas: application of 50% of the price bracket;

d) Class III urban areas: application of 20% of the price bracket. In cases of remote areas, extremely disadvantaged areas, the application shall be 10% of the price bracket.

2. The royalty rate schedule above shall apply to copyright owners and shall apply accordingly to related rights owners with respect to phonograms and video recordings used.”

Article 34. Adding and replacing words and phrases in a number of Articles and Appendices

1. To add the phrase “comic stories” after the phrase “short stories” at Point a Clause 1 Article 6; to add the word “on” before the phrase “product packaging”, and the phrase “decorative design;” after the phrase “fashion design;” in Clause 8 Article 6.

2. To replace the phrase “specialized state management authority for copyright and related rights under the Ministry of Culture, Sports and Tourism” with the phrase “the administrative organization assisting the Minister of Culture, Sports and Tourism in performing the function of state management of copyright and related rights” in Clause 2 Article 23; Points a and b Clause 4; Points b and d Clause 5 Article 30; Clause 1 and Point a Clause 2 Article 36; Clause 1 and 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; Clauses 1, 2, and 6 Article 99; Clause 3 Article 106; Clause 2 Article 111; Clause 1 Article 113.

3. To add the phrase “via the online public service portal or” after the phrase “submit dossiers” in Clause 2 Article 23; Point b Clause 4 Article 30; Point a Clause 2 Article 36; Point a Clause 3 Article 37.

4. To replace the phrase “20 days” with the phrase “15 working days” in Clause 4 Article 23; Point b Clause 2 Article 36; Point b Clause 3 Article 37; Clause 2 Article 99.

5. To replace the phrase “30 days” with the phrase “22 working days” at Point a Clause 4 Article 30.

6. To replace the phrase “Clause 1 Article 26” with “Clauses 1 and 3a Article 26”, and the phrase “Clause 1 Article 33” with “Clauses 1 and 2a Article 33” in Clauses 2 and 3 Article 34; Clauses 1 and 2 Article 35; Clause 1 Article 46; Clause 1 Article 50.

7. To add the phrase “, rebroadcasting, communication to the public of broadcasting programs” after the phrase “for broadcasting” in Clauses 1 and 2 Article 35.

8. To add the phrase “, broadcasting and television service providers” after the phrase “broadcasting organizations” in Clause 3 Article 35.

9. To replace the phrase “Application for revocation of validity of the copyright registration certificate, related rights registration certificate (according to Form No. 06 of Appendix III promulgated together with this Decree)” with the phrase “Declaration requesting revocation of validity of the copyright registration certificate, related rights registration certificate (according to the form)” at Point b Clause 2 Article 42.

10. To replace the phrase “COLLECTIVE REPRESENTATIVE ORGANIZATIONS, CONSULTANCY AND SERVICE ORGANIZATIONS” with the phrase “COLLECTIVE MANAGEMENT ORGANIZATIONS, REPRESENTATIVE SERVICE ORGANIZATIONS” in the title of Chapter V.

11. To replace the phrase “copyright and related rights consultancy and service organizations” with the phrase “copyright and related rights representative service organizations” at Point g Clause 2 Article 5; Points a and b Clause 3 Article 38; the title of Article 55; Clauses 1, 2, and 7 Article 55.

12. To replace the phrase “collective representative organizations of copyright and related rights” with the phrase “collective management organizations of copyright and related rights” at Points g and h Clause 2 Article 5; Point c Clause 3 Article 23; Clause 3 Article 24; Clause 2 Article 34; Articles 45 thru 54; Clause 1 Article 56.

13. To add the phrase “approved royalty rate schedule,” before the phrase “Annual report” in Clause 1 Article 53.

14. To add the word “public” before the phrase “Non-business unit” at Point c Clause 1 Article 55; to replace the phrase “head of the organization” with “legal representative or authorized representative of the organization” in Clause 2 Article 55.

15. To add the phrase “regarding the authorized contents” after the phrase “publicly disclosed information” in Clause 1 Article 56.

16. To add the phrase “cable signals carrying encrypted programs,” before the phrase “satellite signals carrying encrypted programs” in 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. To replace the phrase “the telecommunications network and the Internet” with the phrase “cyberspace” in Clause 4 Article 64; Point h Clause 1 Article 75; the title of Article 111; Clause 6 Article 111; Clause 2 Article 114.

18. To replace the phrase “the telecommunications network environment and the Internet” with the phrase “cyberspace” at Points a and b Clause 1 Article 110.

19. To replace the phrase “copyright consultancy and services” with the phrase “copyright representative services” in Clause 11 Article 62; and the phrase “related rights consultancy and services” with the phrase “related rights representative services” in Clause 7 Article 63.

20. To replace the phrase “customs sub-department” with the phrase “customs office where the customs declaration is registered” in Clause 3 Article 88; Clauses 1, 2, and 4 Article 89.

21. To replace the phrase “provincial-level Customs Departments and the General Department of Customs” with the phrase “Regional Customs Sub-Departments and the Customs Department” at Point d Clause 4 Article 89.

22. To replace the phrase “customs sub-department” with the phrase “customs office issuing the decision on suspension” in Clause 6 Article 89.

23. To add the phrase “via the online public service portal or” before the phrase “directly” in Clause 1 Article 99.

24. To replace Appendix I promulgated together with Decree No. 17/2023/ND-CP with Appendix I promulgated together with this Decree.

25. To replace Forms No. 02, 04, 05, 10, 11 of Appendix III promulgated together with Decree No. 17/2023/ND-CP with Forms No. 02, 04, 05, 10, 11 respectively of Appendix III promulgated together with this Decree.

26. To replace the phrase “Copyright Office of Vietnam” with the phrase “(the administrative organization assisting the Minister of Culture, Sports and Tourism in performing the function of state management of copyright and related rights)” in Forms No. 03, 12, and 13 of Appendix III; to replace the phrase “Law on Intellectual Property 2005, as amended and supplemented in 2009, 2019, and 2022” with the phrase “Law on Intellectual Property No. ….”, and the phrase “Director” with the phrase “Head” in Form No. 13 of Appendix III promulgated together with Decree No. 17/2023/ND-CP.”

Article 35. Annulling certain phrases, points, clauses, articles, and forms of the Appendix

1. To annul 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; and Forms No. 01, 06, 08, and 09 of Appendix III.

2. To annul the phrase “, cannot be easily created by persons with average knowledge in the relevant field” in Clause 8 Article 6.

3. To annul the phrase “date, month, year of birth,” at Point b Clause 2 Article 53.

4. To annul the phrase “, the law on criminal procedure” in Clause 4 Article 81.

Article 36. Effect

1. This Decree takes effect on April 09, 2026.

2. Chapter IV, including Articles 11, 12, 13, 14, and 15 of the Government’s Decree No. 116/2026/ND-CP dated April 02, 2026 amending and supplementing a number of articles of Decrees providing for administrative procedures related to production and business activities under the management of the Ministry of Culture, Sports and Tourism, cease to be effective on the date this Decree takes effect.

Article 37. Transitional provisions

1. Dossiers of administrative procedures regarding copyright and related rights submitted prior to the effective date of this Decree shall continue to be processed in accordance with the laws in force at the time of submission.

2. Assessor cards for copyright and related rights issued prior to the effective date of this Decree shall remain valid under the form of independent practice. In case of request for re-issuance of an assessor card, the individual shall submit the dossier to the specialized cultural agency under the Provincial-level People’s Committee where the individual resides.

Article 38. Implementation responsibilities

1. Ministers, Heads of ministerial-level agencies, Chairpersons of the People’s Committees of provinces and centrally run cities, and relevant organizations and individuals shall be responsible for the implementation of this Decree.

2. During the course of implementation of this Decree, if any difficulties or problems arise, relevant agencies, organizations, and individuals shall promptly report to the Ministry of Culture, Sports and Tourism for consideration, guidance, or consolidation and reporting to competent authorities.