| THE GOVERNMENT No. 18/2014/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness Hanoi, March 14, 2014 |
DECREE
Prescribing the regime of royalties in the field of press and publication [1]
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Civil Code;
Pursuant to the December 28, 1989 Press Law and the June 12, 1999 Law Amending and Supplementing a Number of Articles of the Press Law;
Pursuant to the November 29, 2005 Law on Intellectual Property and the June 19, 2009 Law Amending and Supplementing a Number of Articles of the Law on Intellectual Property;
Pursuant to the 2012 Publication Law;
At the proposal of the Minister of Information and Communications,
The Government promulgates the Decree prescribing the regime of royalties in the field of press and publication.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes the regime of royalties for authors and copyright owners of journalistic works (including those of print, radio, television and electronic press), and publications prescribed in Clause 4, Article 4 of the Publication Law; remuneration for persons performing jobs related to journalistic works or publications, and people collecting materials and supplying information to serve the creation of journalistic works or publications.
Article 2. Subjects of application
This Decree applies to authors, copyright owners, journalists, reporters, editors, press agencies, publishers and state agencies, organizations and individuals related to journalistic works or publications.
Article 3. Interpretation of terms
1. Royalty means a sum of money paid by a user of a journalistic work or publication (below collectively referred to as work) to its author or copyright owner.
2. Royalty fund means a sum of money set aside by the user of a work under regulations for the payment of royalties, remuneration and other material benefits.
3. Remuneration means a sum of money paid by the user of a work to a person who performs a job related to that work in accordance with this Decree.
4. Material benefits means the benefits enjoyed by authors or copyright owners in addition to royalties, including complimentary books or newspapers, invitations to book launching ceremonies, domestic or international prizes, etc.
Article 4. Payment of royalties and remuneration
1. The levels of royalty or remuneration paid to authors or copyright owners of, and persons performing jobs related to, journalistic works or publications shall be based on the types and quality of the works and their socio-economic effects, levels of contribution to the works, this Decree’s provisions on incentives for the creation of works, and regulations of press agencies using the works or contracts on use of publications signed with publishers. The level of royalty paid to authors must not be lower than the level of remuneration paid to persons performing jobs related to works of the same genre.
2. Authors of works reserved for children and ethnic minority people, of investigative reportages; Vietnamese authors writing directly in foreign languages, Kinh people writing directly in ethnic minority languages, persons of one ethnicity writing directly in the language of another ethnicity; authors of works created under difficult and dangerous conditions and other special cases, are entitled to higher royalties as creation incentive.
3. Created or research works shall be paid higher royalties than translated, adapted, rewritten, transformed, collected, compiled, annotated, selected and anthological works. Authors are entitled to royalties under regulations of agencies using their works for collection, anthologization, adaption, rewriting, transformation, collection or compilation into new works, or for translation into another language. For original works translated into another language for presentation on another type of press, or another press publication of the same press agency, the payment of royalties must comply with regulations of each press agency.
