DECISION

DEFINING FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF THE COPYRIGHT OFFICE OF VIETNAM

MINISTER OF CULTURE AND INFORMATION

- Pursuant to Decree 63/2003/ND-CP on 11 June 2003 by the Government defining functions, tasks, powers and organization of the Ministry of Culture and Information;
- Pursuant to Decree 100/2006/ND-CP on 21 September 2006 by the Government on detailed regulations and guidance to the implemention of a number of provisions in the Civil Code and the Intellectual Property Law on Copyright and Related Rights
- On proposals of the Director General of Copyright Office of Vietnam and the Chief of the Personnel Department;

DECIDES

Article 1. Position and functions

The Copyright Office of Vietnam is an agency administered by the Ministry of Culture and Information, helping the Minister in realizing the State management of copyright and related rights protection throughout the country under the Party's policies and the State's laws.

The Copyright Office of Vietnam shall have its own seal and an account at the State Bank.

Article 2. Tasks and powers

1. To submit to the Minister the strategies, laws, mechanisms and policies on copyright and related rights protection; organize to implement after they are approved.

2. To submit to the Minister to issue in his competence all legal documents on copyright and related rights; organize and instruct to implement these legal documents;

3. To take measures to protect legal rights of the State, organizations and individuals in the field of copyright and related rights;

4. To manage the copyright of literary, artistic and scientific works, related rights of performances, phonograms, videograms, broadcast programs under ownership of the State in accordance with the law;

5. To regulate the provision, cooperation, ordering and ensurance of copyright to works and related rights to performances, phonograms, videograms, and broadcast programs;

6. To build up and manage the copyright and related rights system; to train and educate the human resources on copyright and related rights;

7. To instruct the Local Culture – Information Departments on implementation of the function of state management on copyright and related rights;

8. To manage activities of collective management organizations on copyright and related rights accordance with the law;

9. To grant, re-grant, change, revoke the Certificates of Copyright Registration, Certificates of Related Rights Registration;

10. To organize and direct the implementation of activities of education, propaganda, dissemination of knowledge, laws, mechanisms, and policies on copyright and related rights;

11. To organize the activities of information, statistics, National Register Book and publishing Official Gazettes on copyright and related rights;

12. To settle appeals and denunciations on copyright and related rights accordance with the law;

13. To propose to commend organizations and individuals with great contributions to copyright and related rights protection;

14. To be responsible for international cooperation in the field of copyright and related rights;

15. To collaborate with the competent authorities of the Ministry of Science and Technology in drafting policies and legal documents on intellectual property protection in general, collecting general information on intellectual property, implementing co-share projects on intellectual property, and implementing other relating activities;

16. To manage the organization and staff, to implement the policies and regimes to cadres, civil servants and employees administered by the Office under the State regulations and as assigned by the Minister;

17. To manage finance, assets and other resources and to organize the implementation as stipulated by laws;

18. To do other assignments by the Ministers.

Article 3. Organization

1. Director General and Deputy Director Generals

2. Professional Departments:

- The Copyright - Related Rights Department

- The Registration – Information Department

- The General Administration Department.

3. Dependent agencies

- The Representative Office in Ho Chi Minh City

- The Magazine on Copyright and Related Rights.

The Director General shall be responsible to appoint cadres and civil servants in conformity with title structure and professional standards; to build up the regulations of the Office's organization and operation.

Article 4. Implementation validity

This Decision shall come into effect within 15 days after it is published in the Government Official Gazette. It shall replace the Decision 39/2004/QD-BVHTT on 28 June 2004 by the Minister of Culture and Information on functions, tasks, powers and organization of the Copyright Office of Vietnam.

Article 5. Responsibilities

The Chiefs of the Ministerial Office, the Personnel Department, the Planning and Finance Department, the Director General of the Copyright Office of Vietnam and directors of the agencies and units administered by the Ministry of Culture and Information shall be responsible to implement this Decision.

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