RMIT Vietnam's Copyright FAQs

Question 1

1. Does Vietnam have Copyright Law?
   * RMIT Vietnam Library*

Answer 1

Yes. Vietnam Copyright Law is included in the Intellectual Property Law of Vietnam.

Part II, Law No. 50/2005/QH11

Question 2

2. What are Intellectual Property Rights?
   * RMIT Vietnam Library*

Answer 2

Intellectual property rights means rights of an organization or individual to intellectual assets comprising copyright and copyright related rights, industrial property rights and rights to plant varieties.

Article 4, Law No. 50/2005/QH11, amendment No.36/2009/QH12

Question 3

3. What is Copyright?
   * RMIT Vietnam Library*

Answer 3

Copyright means rights of an organization or individual to works which such organization or individual created or owns.

Article 4, Law No. 50/2005/QH11, amendment No.36/2009/QH12

Question 4

4. What are Related Rights?
   * RMIT Vietnam Library*

Answer 4

Copyright related rights (related rights) means rights of an organization or individual to performances, audio and visual fixation, and broadcasts and satellite signals carrying coded programmes.

Article 4, Law No. 50/2005/QH11, amendment No.36/2009/QH12

Question 5

5. Who are the Copyright holders according to Vietnam Copyright Law?
   * RMIT Vietnam Library*

Answer 5

Any Vietnamese organization or individual;

Any foreign organization or individual who has a work

• created and expressed in a fixed material form in Vietnam;
• published for the first time in Vietnam;
• protected in Vietnam pursuant to an international convention on copyright in which Vietnam is member

Article 27, Decree No. 100/2006/ND-CP amended 2012

Question 6

6. Which types of works have copyright protection in Vietnam?
   * RMIT Vietnam Library*

Answer 6

Literary, Artistic and Scientific works are protected by Copyright Law in Vietnam.

Article 14, Law No. 50/2005/QH11, amendment No.36/2009/QH12

Question 7

7. Which Copyright regulations does RMIT Vietnam follow?
   * RMIT Vietnam Library*

Answer 7

RMIT Vietnam follows the Intellectual Property Law of Vietnam.

Question 8

8. Can students copy parts of a copyrighted book for study purpose without permission from the copyright holders?
   * RMIT Vietnam Library*

Answer 8

A person cannot copy books for study purpose.

Article 28, Law No. 50/2005/QH11

Question 9

9. Can teachers copy parts of a copyrighted book and distribute to students without permission from the copyright holders?
   * RMIT Vietnam Library*

Answer 9

Teachers cannot do that. Without permission, they can only make “one copy of the work of an author for scientific research or teaching purposes.”

Article 25, Law No. 50/2005/QH11, amendment No.36/2009/QH12

Question 10

10. Can librarians make photocopy or scan a chapter from a copyrighted book and distribute to students?
    * RMIT Vietnam Library*

Answer 10

The answer is cannot. Library can only copy a work for archival and research purposes.

Article 25, Law No. 50/2005/QH11, amendment No.36/2009/QH12

Question 11

11. In Vietnam, can we digitize copyrighted reading materials?
    * RMIT Vietnam Library*

Answer 11

We need to obtain permission from the copyright holders in order to digitize and reproduce.

Law No. 50/2005/QH11, amendment No.36/2009/QH12

Question 12

12. Which Intellectual Property rights protect Audio and Visual works (CDs and DVDs)?
    * RMIT Vietnam Library*

Answer 12

Audio and Visual works (CDs and DVDs) are protected by Related Rights.

Article 17, Law No. 50/2005/QH11

Question 13

13. Can we borrow DVDs or CDs from library and make a copy for private use?
    * RMIT Vietnam Library*

Answer 13

We cannot make copies of CDs or DVDs for private use without permission from the right holders.

Article 35, Law No. 50/2005/QH11

Question 14

14. Can lecturers borrow DVDs, films, or videos from the library to show in classroom?
    * RMIT Vietnam Library*

Answer 14

Yes, lecturers can do that.

Question 15

15. What is the penalty if we reproduce copyrighted materials without permission from the copyright holders?
    * RMIT Vietnam Library*

Answer 15

A person is subject to a fine from VND 15,000,000 to VND 35,000,000 when reproducing copyrighted materials without permission from the copyright holders.

Article 18, Decree No.131/2013/ND-CP

Question 16

16. Which organization is in charge of settling copyright infringement lawsuit in Vietnam?
    * RMIT Vietnam Library*

Answer 16

The Copyright Office of Vietnam is in charge of settling copyright infringement lawsuit in Vietnam.

Question 17

17. What is “fair-use”?
    * RMIT Vietnam Library*

Answer 17

‘Fair use is a copyright principle based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism.’

Stanford Copyright and Fair Use

Question 18

18. How to show respect to the copyright owners when you use “fair-use” materials?
    * RMIT Vietnam Library*

Answer 18

When quoting others’ creative works, we need to cite and reference the works to avoid plagiarism and to respect the copyright holders.

Question 19

19. What is “Public domain”?
    * RMIT Vietnam Library*

Answer 19

“Public domain” refers to creative materials that are not restricted by Intellectual Property Laws, and not protected by copyright law. We can use public domain works for free without having to seek permission.