Administrative system PDF  | Print |  E-mail
Enforcement System

I. Administrative system

1.1 Government

The Government shall consistently perform the State management in copyright protection on a nationwide scale (Article 29 Decree 76/CP on 29 November 1996 by the Government instructing the implementation of some regulations in the Civil Code on copyright).

1.2 Ministry of Culture and Information

The Ministry of Culture and Information is the governmental agency in charge of State management of copyright protection, having the following obligations and rights:

- To set up guidelines and policies on copyright protection;

- To issue within its competence or propose the Government, the National Assembly Standing Committee, the National Assembly to issue legal documents on copyright protection;

- To implement or coordinate with the relevant ministries or sectors the protection of the copyright of literary, art and scientific works;

- To conduct or coordinate with the relevant ministries or sectors in examining, inspecting and dealing with complaints, claims and violations of copyright;

- To participate in international cooperation on copyright

(Article 29 Decree 76/CP on 29 November 1996 by the Government instructing the implementation of some regulations in the Civil Code on copyright)

Decree 63/2003/ND-CP on 11 June 2003 by the Government defining functions, duties, powers and organization of the Ministry of Culture and Information establishes the duties and powers of the Ministry of Culture and Information:

a. To submit to the Government the regime of royalties to the authors or owners of literary and art works, and instruct the implementation after the regime is approved;

b. To direct and organize the realization of legal regulations on copyright of literary and art works;

c. To take measures to protect legal rights of the State, organizations and individuals in terms of copyright over literary and art works;

d. To define the provision, cooperation, order, use and guarantee of copyright over performance art or cinematic works broadcast on television, radio and Internet;

e. To instruct the professional competence of copyright protection of literary and art works for different sectors, localities, enterprises, social organizations and citizens.

1.3 Literary and Art Copyright Office

The Copyright Office has responsibility to assist the Ministry of Culture and Information to perform the State management over copyright. The Office has the following functions and duties:

- To draft bills, laws, decrees and other legal documents on copyright protection; to issue and withdraw the Copyright Certificate, the License on professional activities and services of copyright;

- To instruct the Services of Culture and Information to perform the State management over copyright at local level;

- To organize and conduct the cooperation with other countries and international organizations in terms of copyright;

- To propagate and popularize laws on copyright and undertake information activities of copyright protection; to nurture professional knowledge of copyright for the relevant cadres at the central and local levels.

(Article 30 Decree 76/CP on 29 November 1996 by the Government instructing the implementation of some regulations in the Civil Code on copyright)

1.4 Cultural and information inspectors

Functions of the cultural and information inspectors in dealing with disputes over copyrights are identified as follows:

- Cultural and information inspectors administered by the Services of Culture and Information of provinces or centrally-administered cities or the special inspectors of the Ministry of Culture and Information shall be responsible to deal with disputes and violations of copyright;

- The authors or owners of the works, whose rights are violated by individuals or organizations, shall request the cultural and information inspectors for solutions;

- The cultural and information inspectors shall have the right to decide the administrative punishments within their competence.

(Article 34 Decree 76/CP on 29 November 1996 by the Government instructing the implementation of some regulations in the Civil Code on copyright)

1.5 Provincial People's Committees

The People's Committees of provinces or centrally-administered cities have responsibilities to inspect and supervise the implementation of the laws on copyright protection in their localities.

(Article 32 Decree 76/CP on 29 November 1996 by the Government instructing the implementation of some regulations in the Civil Code on copyright)

1.6 Services of Culture and Information

The Services of Culture and Information shall be responsible to assist the People's Committees of provinces and centrally-administered cities to execute the laws on copyright protection in their localities.

(Article 32 Decree 76/CP on 29 November 1996 by the Government instructing the implementation of some regulations in the Civil Code on copyright)

1.7 Other ministries and sectors

1.7.1 Customs Office

The General Customs Office is the agency administered by the Ministry of Finance, assisting the Minister of Finance in undertaking the State management in customs as well as enforcing the laws on customs throughout the country.

(Article 1 Decree 96/2002/ND-CP on 19 November 2002 on the functions, tasks, powers and organization of the General Customs Office)

The owners of the intellectual property protected by Vietnamese laws shall have the right to request the customs office to suspend customs procedures to exports and imports of which the intellectual property can be evidenced as violated.

(Article 57 of the Law on Customs on 29 June 2001)

The protection procedures at the customs office are specified in the Joint Ordinance 58/TTLT/BVHTT-BTC on 17 October 2003.

1.7.2 Market Management Department

The Market Management Department is an agency administered by the Ministry of Trade. The Department sets up programs, plans and projects to inspect and control the market, to fight against speculation and rigging of the market, smuggling, production and trade of counterfeits, forbidden goods and other violations of the laws on trade throughout the country. The Department shall submit these to the Minister for approval before implementation.

(Article 4 Decree 10/CP on 23 January 1995 on the organization, duties and powers of the Market Management)

In Official Document 2209/TM-QLTT on 7 June 2002 by the Ministry of Trade on promoting the fight against counterfeits destroying the intellectual property:

1. The Market Management Department and its branches should focus on inspecting and dealing with counterfeits illegally imported into Vietnam and sold in the markets, especially the goods violating trademarks, quality, packing, and illegally-reproduced goods in the markets.

2. The commodities in breach of copyright, industrial designs, and origin become a new complicated problem to the market management forces, having great impact on the outputs of the production and circulation of commodities. This problem must be settled  fully.

- Only the Market Management Department and its branches have the right to inspect and deal with matters in this field after investigating and verifying violating circumstances in order to make proper solutions;

- For the breach of industrial property containing foreign factors (the owners are foreigners; or commodities are legally imported from other countries into Vietnam and are flooding the domestic market), the branches need ask for directions from the Ministry of Trade before deciding the inspection and settlement in order to obtain a full consistency.

1.7.3 Economic Police

Article 5 of the Ordinance on People's Police points out:

The People's Police force shall proactively prevent and fight against crimes and legal violations of social order and safety, protect public order, discover causes and conditions of crimes and legal violations, and suggest solutions to eradicate those causes and conditions.

The People's Police force shall impose administrative punishments on legal violations of social order and security as stipulated by laws. The Investigation Agency of the People's Police shall conduct investigative procedures and activities and shall propose prosecution for offenders as stipulated by the criminal code and the law on criminal procedure.

1.7.4 Cultural Security

Article 9 of the Ordinance on People's Security points out:

The People's Security force shall organize and realize the protection of the State secrets, border security, the security in important localities in terms of politics, national security and defense, economy, culture, society and the security in scientific and technical establishments; manage the security work in communication and liaison; manage the implementation of the regulations on immigration and on foreigners residing and working in Vietnam.

1.7.5 Border-guard

Article 9 of the Ordinance of the Border-guard points out:

The border-guard force is assigned to directly and collectively coordinate with other units of the people's armed forces and the competent sectors in the fight against smuggling, illegal transport of weapons, inflammables, explosives, toxics, heroin, harmful cultural products, commodities prohibited from export or import through the inland borders, islands and territorial waters as specified by laws.

 
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