Joint circular No. 07/2012/TTLT-BTTTT-BVHTTDL dated June 19, 2012 of the Ministry of Information and Communications and the Ministry of Culture, Sports and Tourism stipulating duty of enterprises providing intermediary service in protection of copyright and related rights in the internet and telecommunication networks environment

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Issuing body:	Ministry of Information and Communications; Ministry of Culture, Sports and Tourism	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	07/2012/TTLT-BTTTT-BVHTTDL	Signer:	Do Quy Doan; Ho Anh Tuan
Type:	Joint Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	19/06/2012	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Enterprise, Intellectual property

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THE MINISTRY OF INFORMATION AND COMMUNICATIONS AND THE MINISTRY OF CULTURE, SPORTS AND TOURISM -------	THE SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness ---------------
No. 07/2012/TTLT-BTTTT-BVHTTDL	Hanoi, June 19, 2012

JOINT CIRCULAR

STIPULATING DUTY OF ENTERPRISES PROVIDING INTERMEDIARY SERVICE IN PROTECTION OF COPYRIGHT AND RELATED RIGHTS IN THE INTERNET AND TELECOMMUNICATION NETWORKS ENVIRONMENT

Pursuant to the 2005 Intellectual Property Law; the 2009 Law amending and supplementing a number of articles of Intellectual Property Law;

Pursuant to the 2009 Telecommunication Law;

Pursuant to the 2006 Law on Information technology;

Pursuant to the Government’s Decree No.105/2006/ND-CP, of September 22, 2006 detailing and guiding the implementation of a number of articles of The Law on Intellectual Property on protection of intellectual property rights and on state management of intellectual property; the Decree No.119/2010/ND-CP of December 30, 2010, amending and supplementing a number of articles the Decree No.105/2006/ND-CP;

Pursuant to the Government’s Decree No.100/2006/ND-CP, of September 21, 2006 detailing and guiding the implementation of a number of articles of the Civil Code and the intellectual property law regarding the copyright and related rights; the Decree No.85/2011/ND-CP of September 20, 2011, amending and supplementing a number of articles of the Decree No.100/2006/ND;

Pursuant to the Government's Decree No.25/2011/ND-CP of April 06, 2011 detailing and guiding the implementation of a number of articles of the Telecommunications Law;

Pursuant to the Government’s Decree No.187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Information and Communication; the Government’s Decree No. 50/2011/ND-CP of June 24, 2011, amending the Government's Decree No. 187/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the ministry of information and communications;

Pursuant to the Government’s Decree No.185/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to the Directive No.36/2008/CT-TTg of December 31, 2008, of the Prime Minister on strengthening the management and implementation of copyright and related rights protection;

The Minister of Information and Communications and the Minister of Culture, Sports and Tourism promulgate Joint Circular stipulating duty of enterprises providing intermediary service in protection of copyright and related rights In the internet and telecommunication networks environment.

Chapter I

GENERAL PROVISIONS

Article 1. The scope of adjustment

This Circular stipulates duty of enterprises providing intermediary service in protection of copyright and related rights in the internet and telecommunication networks environment in Vietnam.

Article 2. Subjects of application

This Circular applies to enterprises providing intermediary service, copyright owners, related rights owners and organizations acting as collective representatives of copyright or related rights.

Article 3. Interpretation of terms

In this Circular, the below terms are construed as follows:

1. Intermediary service includes: Telecommunication service, Internet service, service of online social network, service of digital information search, and service of leasing digital information storage space including service of leasing website storage space.

2. Enterprises providing intermediary service include:

a) Enterprise providing internet service,

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