| THE MINISTRY OF CULTURE, SPORTS AND TOURISM -------- No. 15/2012/TT-BVHTTDL | SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness --------------- Hanoi, December 13th 2012 |
CIRCULAR
GUIDING THE VERIFICATION OF COPYRIGHTS AND RELEVANT RIGHTS
Pursuant to the Law on Intellectual property 2005; the Law on amending and supplementing a number of articles of the Law on Intellectual property 2009;
Pursuant to the Government's Decree No. 100/2006/NĐ-CP dated September 21st 2006, detailing and guiding the implementation of a number of articles of the Civil Code, the Law on Intellectual property applicable to copyrights and relevant rights; the Government's Decree No. /2011/NĐ-CP dated September 20th 2011, amending and supplementing a number of articles of the Decree No. 100/2006/NĐ-CP;
Pursuant to the Government's Decree No. 105/2006/NĐ-CP dated September 22nd 2006, detailing and guiding the implementation of a number of articles of the Law on Intellectual property applicable to the protection of intellectual property and the State management of intellectual property; the Government's Decree No. 119/2010/NĐ-CP dated December 30th 2010, amending and supplementing a number of articles of the Decree No. 105/2006/NĐ-CP;
Pursuant to the Government's Decree No. 185/2007/NĐ-CP dated December 25th 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;
At the proposal of the Director of the Copyright Office of Vietnam,
The Minister of Culture, Sports and Tourism issues a Circular guiding the verification of copyrights and relevant rights.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Circular guides the verification of copyright and relevant rights, including the issuance, reissuance, and revocation of the verifier’s card, the issuance, reissuance, and revocation of the Certificate of organization in charge of the verification of copyright and relevant rights; the verification of copyrights and relevant rights at the requests of organizations and individuals
2. The judicial verification of copyrights and relevant rights shall be carried out in accordance with the laws on judicial verification.
Article 2. Subjects of application
This Circular is applicable to the organizations and individuals related to the verification of copyrights and relevant rights within Vietnam’s territory.
Article 3. The verification of copyrights and relevant rights
1. The verification of copyright and relevant rights (hereinafter referred to as verification) is the use of knowledge and professional skills of competent organizations and individuals for assessing and giving conclusion about the issues related to the copyrights and relevant rights at the requests of other organizations and individuals.
2. The verification of copyright and relevant rights prescribed in Point a Clause 2 Article 39 of the Government's Decree No. 105/2006/NĐ-CP dated September 22nd 2006, detailing and guiding the implementation of a number of articles of the Law on Intellectual property applicable to the protection of intellectual property and the State management of intellectual property (hereinafter referred to as the Decree No. 105/2006/NĐ-CP) amended and supplemented in the Government's Decree No. 119/2010/NĐ-CP dated December 30th 2010 (hereinafter referred to as the Decree No. 119/2010/NĐ-CP), includes:
a) The verification of copyrights on literary, artistic, and scientific works prescribed in Article 4 of the Law on Intellectual property;
b) The verification of relevant rights over relevant subjects prescribed in Article 17 of the Law on Intellectual property.
Article 4. The verification principles
1. Conformable with law.
2. Accurate, objective
3. Only giving professional conclusions about the issues related to the copyrights and relevant rights within the requested scope.
4. Responsible before Law for the verification result.
Chapter II
THE ISSUANCE, REISSUANCE, AND REVOCATION OF THE VERIFIER’S CARD
Article 5. The verifiers of copyrights and relevant rights
The verifiers of copyrights and relevant rights are the individuals that satisfy the conditions prescribed in Clause 2 Article 44 of the Decree No. 105/2006/NĐ-CP, amended and supplemented in the Decree No. 119/2010/NĐ-CP, and are issued with the verifier’s cards.
Article 6. The authority to issue, reissue, and revoke the verifier's card
The Director of the Copyright Office of Vietnam – The Ministry of Culture, Sports and Tourism – is authorized to issue, reissue, and revoke the verifier's cards.
Article 7. The procedure for issuing, reissuing, and revoking the verifier's card
1. The applicant for the verifier's card shall submit 01 dossier of application for the verifier's card by post or at the Copyright Office of Vietnam – the Ministry of Culture, Sports and Tourism. The dossier includes:
a) The written application for the verifier's card (according to the form in Annex No. 1 enclosed with this Circular);
b) The copy of the certificate of satisfactory results of the test on verification skills or the written approval for the exemption from the test on verification skills issued by the Board of examiners;
