INSTRUCTIONS

ON THE STRENGTHENING OF COMPUTER PROGRAM COPYRIGHT PROTECTION

In recent years, the activities of copyright and related rights protection have reached many achievements. The State has passed many legal documents on copyright and related rights. This legal system has been built up and improved based on the summarizing of management, enforcement experiences, and the international standards on copyright and related rights, satisfying the need for effective copyright protection and international integration.

In the Intellectual Proterty Right Protection field, Vietnam has signed many multilateral and bilateral treaties on copyright and related rights. According to these treaties, Vietnam must protect the copyright and related rights, including the copyright of computer programs from the members of these treaties and vice versa.

In recent years, despite the fact that many computer program companies have taken measures to protect their products themselves, along with the strenthening of inspection and detection by competent authorities, still the results have not been sufficient. The use of unlicensed computer programs has been rampant, violating the legitimate rights and interests of orgnizations and individuals both in Vietnam and abroad, affecting the productivity and the economic cultural social development of Vietnam and the world economy.

In order to effectively enforce the Vietnam legal documents and international commitments on copyright protection of 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 will instruct and lay out detailed measures to take towards copyright protection of computer programs; set aside a budget for purchasing copyright of computer programs for their agencies and localities; develop a plan in accordance with their competence to settle the unlicensed computer programs used in agencies and localities.

Ministers, Heads of Ministry-level Agencies, Heads of Government Agencies, and Chairmen of People Committees of provinces and centrally-administered cities will take responsibility on the enforcement of copyright protection of computer programs at agencies and localities according to their competence in accordance with the law.

2. The Ministry of Finance and the Ministry of Planning and Investment will plan the state budget and instruct ministries and localities on planning their own budgets to buy licensed computer programs according to the Law of State Budget.

The Ministry of Finance will order the Customs office to take stricter actions to prevent the import and export of pirated computer programs, in accordance with the law.

3. The Ministry of Culture and Information shall have the following responsibilities in:

a) Drafting instruments to submit to the

b) Guiding and examining the implementation of Vietnamese laws and international commitments on protection of computer programs; providing technical assistance on copyright communication relating to computer programs; providing information concerning piracy goods in computer programs;

c) Directing on copyright and related rights, including computer programs in publishing books, journals, magazines for communicating, propagandizing, training, improving public awareness.

4. The Ministry of Trade shall have responsibilities in directing activities, in accordance with Vietnamse laws and international commitments, of inspection, examination, and the handling of individuals and/or organizations who have counterfeit goods related to computer programs circulated in the market.

5. The Ministry of Public Security shall have responsibilities in directing activities of examination, and fighting against infringements of copyright related to computer programs; preventing infringements on the manufacture, sale, export, import, storage, circulation of goods, and/or services regarding computer program copyright.

6. The Ministry of Defense shall direct border guards in strengthening activities of patrol, control, and handlingin accordance with the lawof all storage and transportation of goods that infringe on computer program copyright.

7. The Ministry of Foreign Affairs shall direct and guide Diplomatic Representative Offices of Vietnam abroad to collect information about copyright protection to computer programs for supporting and advising Vietnamese organizations and individuals on protection of their interests on copyright related to computer programs, which are exploited and used overseas.

8. The Ministry of Justice shall supervise and cooperate with other ministries/authorities concerned with reviewing and proposing amendments and supplementations of legal documents on computer program copyright, then submit them to the State authority for promulgation, in order to protect the rights and interests of organizations and individuals.

9. The Ministry of Post and Telematics shall clarify rights and responsibilities of organizations and individuals involved in applying and developing information technologies in compliance with intellectual property laws; cooperate with the Ministry of Culture and Information in activities of computer program copyright protection.

10. Radio and broadcasting organizations and other press agencies at central and local levels shall strengthen activities of propaganda, circulation, and legal training; set up columns introducing laws, organize contests on the study of computer program copyright protection.

The Ministry of Culture and Information shall have responsibilities in following and supervising the implementation of this Instruction, reporting annually to the Prime Minister on progress as well as difficulties faced in the implementing process, and proposals of handling measures.

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