THE MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 27/2001/TT-BVHTT
Hanoi, May 10, 2001
 
CIRCULAR
ON GUIDANCE TO THE IMPLEMENTATION OF DECREE NO 76/CP OF 29TH NOVEMBER 1996 AND DECREE NO 60/CP OF 6TH JUNE 1997 OF THE GOVERNMENT ON GUIDANCE TO THE IMPLEMENTATION OF A NUMBER OF PROVISIONS ON COPYRIGHT IN THE CIVIL CODE
Pursuant to the Decree No 81/CP of 8th November 1993 of the Government on Functions, Duties, Powers, and Organizational Structure of the Ministry of Culture and Information;
Pursuant to the Decree No 76/CP of 29th November 1996 of the Government on Guidance to the Implementation of a Number of Provisions on Copyright in the Civil Code (hereinafter referred to as Decree No 76/CP); pursuant to the Decree No 60/CP of 6th June 1997 of the Government on Guidance to the Implementation of the Provisions on Civil Relations Involving Foreign Elements of the Civil Code (hereinafter referred to as Decree No 60/CP),
The guidance of the Ministry of Culture and Information to a number of provisions on copyright is as follows:
I. INTERPRETATION OF TERMINOLOGIES
A number of terminologies as used in the provisions on copyright shall be understood as follows:
1. “To create” in literature, art, and science is an act of thinking by an author who personally makes a part or the whole of a work that is expressed in a certain material form.
The “original exemplar” of a work is the first exemplar of the work, which is created by the author.
2. “Protectable works shall be the original exemplars” is understood to mean that works are fixed in a certain material form and have features of originality.
3. An “original work” is a work which is used for creating a translated, adapted, compiled, modified, transformed, selected, anthological, or annotated work.
4. “To copy” a work is to re-express a substantial part or the whole of the work in any material forms.
5. “To photocopy” a work is understood as to make an identical copy of a part or the whole of the work by applying a process of photocopy, photography, or the like.
6. A “copy” of a work is a production obtained by copying or photocopying a part or the whole of the work.
7. An “owner of work” is an individual or organization that owns the author’s rights which are transferable under the provisions of law.
8. A “work of co-authorship” is a work created by two of more persons.