No. 07/2012/TTLT-BTTTT-BVHTTDL
Viet Nam copyright law


The informal translation

THE MINISTRY OF INFORMATION AND COMMUNICATION
THE MINISTRY OF CULTURE, SPORTS AND TOURISM

‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑

No. 07/2012/TTLT-BTTTT-BVHTTDL

SOCIALIST REPUBLIC OF VIETNAM

Independence- Freedom- Happiness

‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑

Hanoi, June19, 2012


JOINT CIRCULAR

STIPULATING THE LIABILITIES OF INTERMEDIARY SERVICES PROVIDERS IN PROTECTION OF COPYRIGHT AND RELATED RIGHTS IN THE INTERNET AND TELCOMMUNICATION NETWORK

+ 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 the liabilities of intermediary service providers in protection of copyright and related rights in the internet and telecommunication networks.

 

Chapter I

GENERAL PROVISIONS

Article 1. The scope of adjustment

This Circular stipulating the liabilities of intermediary service providers in protection of copyright and related rights in the internet and telecommunication networks in Vietnam.

Article 2. Subjects of application

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

Article 3. Interpretation of terms

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

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

2. Intermediary service providers include:

a) Enterprise of internet service providers,

b) Enterprise of telecommunication service providers;

c) Enterprise of hosting service and hiring digital information storage space service including website hiring service;

d) Enterprise of online social network service providers;

dd) Enterprise of search engine service providers.

3. The content of digital information includes works, performances, sound recordings, audio-visual recordings, broadcasting programs that have been digitalized and processed, stored, communicated, transmitted, distributed in the internet and telecommunication network.

 

 Chapter II

RIGHTS, OBLIGATIONS OF INTERMEDIARY SERVICE PROVIDERS

Article 4. Rights of intermediary service providers

1. Setting up the system of inspection, supervision, process of information being making available, stored, transmitted in the internet and telecommunication network for prevention infringing acts of copyright, related rights.

2. Unilaterally refusing of providing services which are contrary to provisions of laws on copyright and related rights.

Article 5. Obligations of intermediary service providers

1. Storing content of digital information in their system of service provided that only for transitting, caching and automatic and contemporary storage, be sufficient to meet technical requirement of transmitting digital information content.

2. Obeying the inspection, supervision of Competent State Authorities under provisions on copyright and related rights.

3. Removing and deleting content of digital information which infringes copyright and related rights, cutting, stopping and suspension of the Internet line, telecommunication line as receiving request in written of the inspector of the Ministry of Information and Communications or inspector of the Ministry of Culture, Sports and Tourism or other Competent State Authorities as prescribed by law.

4. Supplying information of customers hiring website, digital information storage space and customers using other intermediary service at the request of inspector of the Ministry of Information and Communications or inspector of the Ministry of Culture, Sports and Tourism or other Competent State Authorities.

5. Having direct liabilities for compensation due to infringement of copyright and related rights as prescribed by law on intellectual property and other related laws in one of the following cases:

a) Being the originally source of making available, transmitting or distributing content of digital information in the Internet and telecommunication network without permission of the rights holder;

b) Modifying, mutilating, copying content of digital information in any manner without permission of the rights holder;

c) Wilfull circumvention or bypass effective technological measures used by rights holder for protection of copyright and related rights;

d) Operation as secondary distributiing source of content of digital information that obtained due to infringement of copyright and related rights.

6. In addition to implement of the provisions in clauses 1, 2, 3, 4 and 5 of this article, enterprise of online social network service providers must comply with the following obligations:

a) Requesting person using service for commitment of fully implement of using legally content of digital information uploaded and making available in the internet and telecommunication network;

b) Warning liabilities of civil compensation, ability of administration sanction, being prosecuted personal criminal liability for person using online social network having act that infringing copyright and related rights.

 Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6. Combination in handling violation

The inspector of the Ministry of Information and Communications combine with the inspector of the Ministry of Culture, Sports and Tourism to handle violations of copyright and related rights in the internet and telecommunication networks.

Article 7. Effect of the Circular

This Circular takes effect from August 06, 2012.

Article 8. Duty of performance organization

The Head of Office, Director of the Science and Technology Department, the Chief Inspector of the Ministry of Information and Communications; Director General of Copyright Office of Vietnam, the Chief Inspector of the Ministry of Culture, Sports and Tourism, Heads of Agencies, Units under the Ministry of Information and Communications, the Ministry of Culture, Sports and Tourism; Directors of Information and Communications Departments, Directors of Culture, Sports and Tourism Departments under provinces, and relevant organizations, individuals shall implement this Circular.

FOR THE MINISTER OF CULTURE, SPORTS AND TOURISM

DEPUTY MINISTER

(Signed)


Ho Anh Tuan

FOR THE MINISTER OF INFORMATION AND COMMUNICATIONS

DEPUTY MINISTER

(Signed)


Do Quy Doan

 Recipients::

-The Prime Minister and Deputy Prime Ministers;

-The National Assembly Office;

-The State Presidential Office;

-The Government Office;

-The Party Central Committee’s Office and Party Commissions;

-Ministries, Ministerial-level Agencies and Government-attached Agencies;

-The Supreme People’s Procuracy;

-The Supreme People’s Court;

-The Central Committees of mass Organizations;

- Department of Examination of Legal Normative Documents (MOJ);

- People Committees of the provinces;

-Ministry of Information and Communications: Minister, Vice Ministers, Departments, Offices, Agencies and Units;

- Ministry of Culture, Sports and Tourism: Minister, Vice Ministers, Departments, Offices, Agencies and Units;

- Information and Communications Departments under provinces;

- Culture, Sports and Tourism Departments under provinces;

- Enterprise of Internet and Telecommunication Service Providers;

- The Government’sWebsite and the Official Gazette;

- Archieves: Filing Clerk, Department of Science and Technology, Copyright Office, Legal Department, NNT (200)

 
OLDER NEWS
 


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