One of the most notable statutes in 2018 is Decree No. 22/2018/ND-CP dated 23/02/2018 of the Vietnamese Government, providing guidelines for certain number of articles of the Intellectual Property Law and Law on amendments to the Intellectual Property Law 2009 in terms of the copyright and related rights (“Decree 22/2018“). The Decree 22/2018 took effect on 10 April 2018, superseding Decree No. 100/2006/ND-CP and its revision in 2011. This Decree is issued in an effort to provide new regulations and specify a series of regulations on copyright related issues in Vietnam. It is noteworthy that under Decree 22/2018, obligation to pay when exploiting and using phonograms and video recordings for commercial purposes has been specified. Accordingly, direct or indirect uses of audio and video recordings, which have been published in business and commercial activities such as restaurants, hotels, shops, supermarkets; establishments providing karaoke, postal or telecommunication services, or providing services in digital environment; in tourist and aviation activities, public transport; are not required to obtain permission, but must pay royalties and remunerations.
Providing for more specific regulations concerning the collective management organizations of copyrights serves as one of the most important changes under Decree 22/2018. Accordingly, the designated collective management organization in Vietnam could make a schedule of royalties, remunerations and material benefits. Users of works, phonogram and video recordings, broadcasts are obliged to contact copyright owner or related right owner or designated collective management organization directly in terms of the use thereof.
Apart from specified regulations, Decree 22/2018 laid down new regulation on transfer of rights to anonymous works. Accordingly, entities managing anonymous works may transfer rights to such works to others and are entitled to remuneration from such transfer. The entities that are transferred rights are entitled to rights of owners until work authors are identified. Such provisions are not stipulated in the old Degree 100/2006 and its 2011 revision.