The new Decree on royalty and remuneration in the field of copyright in Vietnam

On April 15, 2015, the Decree No. 21/2015/ND-CP of the Government (the Decree 21) on the royalty and remuneration for the cinematographic, artistic, photographic, stage works and the other performance arts in the field of copyright in Vietnam came into force. The Decree 21 replaces some chapters of the Decree No. 61/2002/ND-CP of the Government dated June 11, 2002 (the Decree 61) on the royalty regime.

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Earlier, on March 14, 2014, the Government issued the Decree No. 18/2014/ND-CP (the Decree 18) on the royalty regime in the field of Journalism and Publishing. The Decree 21 together with the Decree 18 replaced completely the Decree 61 accordingly.

Compared to the Decree 61, the new Decree amended and supplemented some provisions on the governing scope, application entities, beneficiaries and the amount of royalty and remuneration to conform to the Civil Code, Intellectual Property Law as well as the practice. This Decree also changed some creative titles; some types and scales of works; the royalty and remuneration frame of work. Under the new regulations, the parties could agree flexibility the royalty and remuneration based on the work quality and allowed funds.

Up to now, the royalty and remuneration regime of the art works under the Decree 61 became unsuitable for the economic growth rate as well as the entertainment needs of society. Although the Decree 21 has recently issued but its amendment and supplementation also will create the major change and take these regulations to conform to the present legal system and practical conditions. Especially, they reflect better the art works’ economic value as well as the worthy reward for the creative efforts of the authors.

Hopefully, this new regulation will give to increase the stability and certainty of Vietnamese legal system and bring benefits not only the authors and the owners, but also the users. Accordingly, there is an attractive environment to encourage the individuals and organizations to create and exploit the value works for the public. Furthermore, enactment of the new Decree also makes the public opinion to more interested in the intellectual property in general and copyright in Vietnam in particular – a potential tool in the process of international economy integration of the developing countries, so that Vietnam could join more effectively in the global market, and gradually promote the economic growth and social development.

 

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