Computer Software
Legal Basis
– IP Law 50/2005, effective from July 1, 2006.
– Amendment to IP Law 50/2005, effective from January 1, 2010.
– Amendment to IP Law 50/2005, effective from January 14, 2019.
– Amendment to IP Law 50/2005, effective from January 1, 2023.
– Decree 103/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Establishment of Industrial Property Rights.
– Decree 105/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Protection of Industrial Property Rights and Governmental Management of Industrial Property.
– Decree 106/2006/ND-CP of September 22, 2006, on implementation of the IP Law, the section of Administrative Penalty for Violation of Industrial Property Rights.
Membership in International Conventions
– Berne Convention for the Protection of Literary and Artistic Work, since October 26, 2004.
– WTO’s TRIPS Agreement, since January 11, 2007.
Conditions of Software Protection
General remarks: no specific regulations passed.
Applicant: any individual or legal entity being the author.
Foreigners: same as for nationals.
Registration: compulsory.
Right to protection: belongs to the author of the computer software, or to his assignee.
Employees’ software: if computer software is created by one or several employees in execution of their functions, all rights belong to the employer, unless otherwise stipulated. However, the author/employee is entitled to: (1) have his name indicated on his work; (2) claim for the protection of the integrity of his work and from any modifications made thereto by others; and (3) to receive a remuneration or royalties for the use of his work.
Filing requirements for an application (to be sent to resident agent):
1. The author’s full name and address;
2. The work’s title, discipline, date and place of issue;
3. Power of attorney signed by the author, no legalization.
Effects of Protection
Duration: the life of the author and an additional fifty years after his death.
Assignment: must be registered.
Infringement: can be subject to either an administrative settlement or prosecuted for criminal responsibilities, depending upon the seriousness of the infringing actions.
Disputes: if one of the parties is a foreigner, the dispute is settled either at the State Authority or before the local courts in Hanoi or Ho Chi Minh City.