PRIME MINISTER SOCIALIST REPUBLIC OF VIETNAM _____________
Independence – Freedom – Happiness
No: 04 /2007/CT-TTg ______________________________
Hanoi, 22 February, 2007
DIRECTIVE
On the strengthening protection of copyright to computer program
Over past years, protection of copyright and related rights has made a
significant advancement. Many legal instruments have been enacted by the State
on protection of copyright and related rights. Vietnamese legal system has been
developed and completed on the practice of copyright management and
enforcement, and complied with the international standards, met demands of
effective copyright protection and international integration.
Regarding intellectual proterty right protection, Viet Nam already acceded
to a number of multilateral and bilateral treaties on copyright and related rights.
Accordingly, Viet Nam is obliged to protect copyright and related rights,
including protection of copyright to computer programs of individuals and
organizations of member states of these treaties in Viet Nam and vice versa.
In recent years, despite the fact that many computer program companies
have taken measures to self-protect their rights and activities of inspection,
detection and handling of violations have been frequently conducted but the
results have not been satisfactory. The use of pirated computer programs has been
rampant, violating legitimate rights and interests of orgnizations and individuals
both in Viet Nam and abroad, affecting creativity and economic, cultural and
social development of Viet Nam, as well as its integration process into the world
economy.
In order to effectively enforce laws and regulations of Viet Nam and
international commitments on copyright protection to computer programs, the
Prime Minister requires:
1. Ministers, Heads of Ministry-level Agencies, Heads of Government
Agencies and Chairmen of People Committees of provinces and centrally-
administered cities shall instruct and take specific measures to protect copyright
of computer programs; reserve an annual budget for purchasing copyright of
computer programs for their agencies and localities; settle violations of unlicensed
computer programs used in agencies and localities under their competence.
Ministers, Heads of Ministry-level Agencies, Heads of Government
Agencies and Chairmen of People Committees of provinces and centrally
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administered cities shall be responsible for copyright enforcement of computer
programs at agencies and localities under their competence and in accordance
with laws and regulations.
2. Ministry of Finance, Ministry of Planning and Investment shall allocate
the state budget and guide other ministries, localities to make their own budgets
for purchasing licensed computer programs in compliance with the Law on State
Budget.
Ministry of Finance shall instruct the General Department of Viet Nam
Customs to take stricter actions to prevent the import and export of pirated
computer programs in accordance with laws and regulations.
3. Ministry of Culture and Information shall be responsible for:
a) Drafting and submitting to competent authorities to promulgate or
promulgating within its competence legal instruments to complete the legal
framework on protection copyright of computer programs;
b) Guiding and supervising enforcement of Vietnamese laws and
regulations, and international commitments on copyright protection of computer
programs; providing technical assistance on copyright transactions related to
computer programs; providing information concerning pirated computer
programs;
c) Instructing publication of books and specialized magazines on copyright
and related rights including computer programs for communicating, disseminating,
training and enhancing public awareness.
4. Ministry of Trade shall be responsible for directing inspection,
supervision and handling of individuals and/or organizations circulating pirated
goods which violate copyright to computer programs in the market in accordance
with Vietnamse laws and international commitments.
5. Ministry of Public Security shall be responsible for fighting against
infringements of copyright of computer programs; preventing infringements in
manufacturing, trading, exporting, importing, storing, circulating goods and
services related to copyright of computer program.
6. Ministry of Defense shall direct border guards to patrol, control and
handle infringing acts of storing, transporting goods violating copyright to
computer programs in accordance with laws.
7. Ministry of Foreign Affairs shall direct and guide Diplomatic Agencies of
Viet Nam overseas to collect information on copyright protection of computer
programs for supporting and advising Vietnamese organizations and individuals
to make transactions on copyright to computer program; supporting them to
protect their legitimate rights and interests of computer programs copyright to be
exploited and used overseas.
8. Ministry of Justice shall take main responsibility and cooperate with
other related ministries/authorities to review and propose amendments and
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supplementations of legal instrument on copyright protection of computer
program to submit to competent authorities for promulgation in order to ensure
effective and timely protection of legitimate rights and interests of organizations
and individuals.
9. Ministry of Post and Telecommunications shall clarify rights and
responsibilities of organizations and individuals involving in application and
development of information technologies in conformity with intellectual property
laws; cooperate with Ministry of Culture and Information to protect computer
program copyright.
10. Central and local radio, television stations and other press agencies shall
encourage dissemination and education of laws and regulation; set up columns
introducing about laws, organize contests on copyright protection of computer
program.
Ministry of Culture and Information shall be responsible for supervising and
following implementation of this Directive, making annual reports to the Prime
Minister on progress and problems in the implementing process, and making
appropriate proposals for handling measures.
PRIME MINISTER
(signed)
Nguyen Tan Dung
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