In details
Scope of application
- The Draft Decree is intended to apply to both Vietnamese and foreign organizations and individuals, including public agencies that commit copyright and related rights administrative violations in Vietnam. It will also apply to acts of infringement committed through telecommunications networks and the internet if consumers/users/exploiters of the digital content are located in Vietnam.
Acts of administrative violations, sanctioning forms and remedial measures
Chapter II of the Draft Decree outlines administrative sanctions for violations of copyright and related rights, as well as sanctioning forms and remedies pertinent to each act, including the following:
- Section I: Acts of copyright and related rights infringement
Compared to Decree 131, the Draft Decree sets higher monetary fines and adds remedial measures for several infringements of the basic rights bundles (e.g., reproduction, distribution, performance, display and making of derivative works). These include importation, transportation, and/or trading of pirated goods; the unauthorized use of works or phonorecords in business and commerce; the circumvention of effective technological measures; and the alteration of rights management information.
The Draft Decree also provides sanctions for new infringements under the Copyright Decree. Remarkably, as the Copyright Decree considers it infringement per se to not satisfy the conditions of copyright limitations and exceptions (such as fair use) and immunity (such as the safe harbor for intermediary service providers), the Draft Decree imposes a separate sanction for each of these acts. It remains to be seen whether these new sanctions will be applied along with the sanctions with respect to the infringement of the basic rights bundles.
- Section II - Other administrative violations of copyright and related rights
This Section aims to impose sanctions on violations that are not rights infringement, such as those related to the activities of collective management organizations, and copyright/related rights consultancy services.
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