| THE SUPREME PEOPLE’S COURT, THE SUPREME PEOPLE’S PROCURACY AND THE MINISTRY OF CULTURE AND INFORMATION ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
| No. 01/2001/TANDTC-VKSNDTC-BVHTT | Hanoi, December 05, 2001 |
JOINT CIRCULAR
ON GUIDANCE TO THE IMPLEMENTATION OF A NUMBER OF PROVISIONS OF THE CIVIL CODE IN THE SETTLEMENT OF DISPUTES INVOLVING COPYRIGHT AT PEOPLE’S COURTS
For the purpose of the proper and uniform application of the provisions of the Civil Code in the settlement of disputes involving copyright at the People’s courts; the Supreme People’s Court, the Supreme People’s Procuracy and the Ministry of Culture and Information jointly provide the following guidance to a number of issues.
I. JURISDICTION OF PEOPLE’S COURTS OVER SETTLEMENT OF DISPUTES INVOLVING COPYRIGHT
1. Disputes involving copyright within the jurisdiction of the People’s courts
Pursuant to the provisions in Article 759 of the Civil Code (hereinafter referred to as CC), Article 33 of 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 76/CP) and Article 10 of the Ordinance on Procedures for Settlement of Civil Cases (hereinafter referred to as OPSCC), the People’s courts have the jurisdiction over the settlement of the following copyright-related disputes:
1.1. Disputes involving copyright in respect of works (disputes of who is the person that personally creates the whole or a part of a literary, artistic or scientific work) between:
a. Individuals and other individuals; individuals and organizations; organizations and other organizations;
b. Co-authors themselves; a co-author, co-authors and individuals, organizations;
1.2. Disputes involving copyright in respect of computer software between persons responsible for providing funds, determinant conditions for the creation, development of computer software and persons who design and develop computer software.
1.3. Disputes involving personal or property rights in copyright, between:
a. Authors (co-authors) who simultaneously are not owners of work and owners of work who simultaneously are not authors (in relation to assigned duties or contracts of creation).
b. Authors (co-authors), owners of work and persons who translate, adapt, compile, modify or transform works; authors (co-authors), owners of work and persons who use translated, adapted, compiled, modified or transformed works, for creating new works.
