Conditions for copyright protection according to law

1. Conditions for copyright protection

According to the provisions of the Law on Intellectual Property 2005 (IPL), "Copyright is the right of an organization or individual to a work they create or own". Copyright arises when:

• The work created must be creative;
• Expressed in a certain material form such as: stories, poems, cinematographic works, etc. regardless of content, quality, form, means, language, published or unpublished, registered or unregistered.

2. Conditions for copyright protection are stipulated in Article 13 of the 2005 Law on Intellectual Property, including:

• Is the person who directly creates the work and is also the copyright owner;
• Is a Vietnamese or foreign organization or individual whose work is published for the first time in Vietnam but has not been published in any other country;
• Is a Vietnamese or foreign organization or individual whose work is simultaneously published in Vietnam within 30 days from the date the work is first published in another country;
• Is a foreign organization or individual whose work is protected in Vietnam under an international copyright treaty of which Vietnam is a member.

3. Types of works eligible for copyright protection are specified in Article 14 of this IP Law.

• Protected literary, artistic and scientific works include:
• Literary works, scientific works, textbooks, teaching materials and other works expressed in the form of writing or other characters;
• Lectures, speeches and other talks;
• Journalistic, musical, photographic works;
• Cinematographic and theatrical works;
• Fine arts and applied arts;
• Architectural work;
• Diagrams, plans, maps, drawings related to topography, scientific works;
• Works of literature and folk art;
• Computer program, data collection.
• Derivative works (if not prejudicial to the copyright of the work used to make the derivative work).

4. A protected work must be created directly by the author through his or her own intellectual labor without copying from another person's work.

Objects not covered by copyright protection:

• Pure news is short daily press information, only reporting information without creativity.
• Administrative documents include documents of state agencies, political organizations, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations and units of the people's armed forces.