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(Nov 20, 2013) Under a government decree of October 16, 2013, Vietnam will be increasing the fines imposed for copyright infringement. The highest level fine for an individual who infringes on a copyright will be VND250 million (about US$11,700); for an organization the fine will be VND500 million (about US$23,450). Furthermore, any organization that imports either an original or a copy of copyrighted material without the permission of the copyright holder will be fined VND400-500 million. An individual who broadcasts or re-broadcasts a program without appropriate permission will be fined VND70-100 million, and those who reproduce sound or video recordings without permission will be fined VND15-35 million. (Decree No. 131/2013/ND-CP: Harsher Fines for Copyright Infringements, VIETNAM LAW AND LEGAL FORUM (Oct. 31, 2013).)

The decree comprises four chapters and in many respects continues existing policy; it was adopted in part to make copyright rules consistent with the 2012 Law on Handling Administrative Violations. (New Decree No. 131/2013/ND-CP on Sanctioning Administrative Violations of Copyright and Related Rights, D & N INTERNATIONAL (Nov. 11, 2013); Decree No. 15/2012/QH13 [in Vietnamese], CÓNG BÁO [Gazette] (Aug. 6, 2012).)

Copyright infringers may also be subject to confiscation of goods; removal of copyright or related registration certificates; or suspension of business, consulting, or service activity licenses. The new regulation will become effective on December 15, 2013, replacing provisions of two earlier decrees, one from 2009 and the other from 2011. (New Decree No. 131/2013/ND-CP on Sanctioning Administrative Violations of Copyright and Related Rights; supra; Decree No. 47/2009/ND-CP of May 13, 2009, of the Government on Sanctioning Administrative Violations of Copyright and Related Rights, World Intellectual Property Organization website; & Decree 109/2011/ND-CP on Amending and Supplementing Some Articles of the Decree No. 47/2009/ND-CP, of May 13, 2009, of the Government on Sanctioning of Administrative Violations of Copyright and Related Rights, Copyright Office of Vietnam website.)

Author: Constance Johnson More by this author
Topic: Copyright More on this topic
Jurisdiction: Vietnam More about this jurisdiction

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Last updated: 11/20/2013