The Civil Law - Copyright
INTELLECTUAL PROPERTY AND TECHNOLOGY TRANSFER
Chapter I
COPYRIGHT
SECTION 1 - GENERAL PROVISIONS
Article 745. Author
An author is a person who personally creates all or part of a literary, artistic or scientific work. The following persons shall also be recognised as authors of various types of works: Persons who translate a work from one language into another are authors of the translation; Persons who modify an existing work, or transform a work from the original form into another form are authors of the derivative works; Persons who compile, comment or collect the works of others and thereby form new, creative works are the authors of the compilations, commentaries and collections.
Article 746. Owners of Works
Owners of works shall be determined as follows: The authors are the owners of a work or its parts except in cases where such authors create works in the performance of assigned duties or a contract; Co-authors are the co-owners of work created jointly by themselves except in cases where they create the work in the performance of assigned duties or a contract; Organizations or bodies who assign other persons to create a work in accordance with the latter's duties are the owners of the work;
Organizations or individuals who enter contracts with other persons to create a work for them are the owners of the work;
The testamentary or intestate heir of the author is the owner of the inherited work in cases where the author is simultaneously the owner of the work; Individuals and organizations to whom the owners of works mentioned in Points a, b, c, d, and e of this Article transfer their rights to the work by a contract are the owners of the transferred rights. Authors who create works under a contract or under the assigned duties in accordance with Points c and d of Paragraph 1 of this Article shall have the rights provided in Article 752 of this Code.
Article 747. Works Protected by the State
Literary, artistic, and scientific works protected by the State include:
Written works;
Lectures and speeches;
Dramatic works and other works of performing art;
Motion pictures and video films;
Radio and television works;
Press articles;
Musical works;
Architectural works;
Fine art works and works of applied fine arts;
Photographic works;
Scientific works and textbooks;
Geological maps, drawings, charts, and sketches relating to topography or architectural or scientific projects;
Translations, adaptations, compilations, transformations, commentaries;
Computer software;
Other works as per the law.
Only original works are protected.
The State protects the works designated in Paragraph 1 of this Article regardless of their genre, quality, or language of expression.
Article 748. Works Protected by Special Law Provisions
The following works and documents are protected by special law provisions:
Folk art and folk literature; Acts issued by state bodies and by political, socio-political, and social organizations, and by socio-professional and economic organisations and the translations thereof.
News just for information purposes.
Article 749. Works Not Protected by the State
The State shall not protect the copyright of works of the following kinds: Works which are against the State of Vietnam and which are detrimental to national unity; Works which constitute propaganda that encourages violence, aggressive wars, or which provoke hatred among nations and peoples, or which spread reactionary ideologies and cultures, obscene life-styles, crime, social evils, or superstitions that damage good social morals and fine customs; Works which disclose Party, State, Army, national security, economic or diplomatic secrets, as well as confidential information concerning individual privacy and other secrets as per the law; Works which falsify history, deny revolutionary achievements, defame national heroes and great persons, or slander or damage the reputation of organisations or the dignity and honour of individuals. Any transactions relating to the circulation, use of or benefiting from the works provided in Paragraph 1 of this Article shall be illegal and violators shall be held liable under the law.