DIRECTIVE

THE MEASURES TO IMPLEMENT THE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM GOVERNMENT AND THE UNITED STATES OF AMERICA ADMINISTRATION ON THE ESTABLISHMENT OF THE COPYRIGHT RELATIONSHIP

The Agreement signed on June 27, 1997 between the Government of the Socialist Republic of Vietnam and the Administration of the United States of America on the establishment of the copyright relation (hereafter referred to as the Vietnam-US Copyright Agreement) was approved by the Prime Minister on December 26, 1997 and shall take effect from the time the signing parties exchange documents of notification of their readiness to discharge the obligations set by this Agreement. The signing of the Agreement on the establishment of the copyright relationship between the Vietnamese Government and the US Government aims to promote the process of normalization of the Vietnam-US economic and trading relations, enhance the cultural exchange, development and cooperation between the two countries, contributing to creating a favorable environment for foreign investment and technology transfer.

The Vietnam-US Copyright Agreement is signed and implemented in the context that Vietnam has issued legal documents on the protection of intellectual property in general and copyright in particular, meeting the necessary requirements of the protection of the Vietnamese and foreign authors' right.

To ensure the strict fulfillment of international commitments to the copyright protection under the Vietnam-US Copyright Agreement, the Prime Minister instructs the ministries, branches and localities to well implement the following activities:

1. The Ministry of Culture and Information shall be responsible for:

- Coordinating with the concerned ministries and branches in the continued provision of guidance on the provisions of legislation on copyright; popularization and introduction of the Vietnam-US Copyright Agreement; and in the continued negotiation with the US side on agreements on the technical support for the enforcement of this Agreement.

- Assuming the prime responsibility and coordinating with the Ministry for Foreign Affairs and the Ministry of Justice in drafting and issuing documents guiding the implementation of the provisions of this Agreement not later than February 10, 1998 for a timely enforcement of the Agreement right after it comes into effect.

- Strengthening the organization in charge of copyright management, fostering and raising the professional knowledge and skills of the managerial personnel involved in this field inside and outside the branch

- Coordinating with the concerned branches in conducting inspection and supervision of the enforcement of the Agreement so as to promptly detect and handle violations in accordance with current provisions of the Vietnamese laws.

2. The Ministry for Foreign Affairs shall assume the prime responsibility and coordinate with the Ministry of Justice, the Ministry of Culture and Information and the concerned agencies in conducting research into the copyright legislation and the actual situation of its enforcement in the United States, collect and process information related to the protection of Vietnamese citizens' copyright in the United States.

3. The Ministry of Justice shall assume the prime responsibility and coordinate with the Ministry of Culture and Information and various ministries and branches in drawing up plans on training of concerned personnel in the legal knowledge about copyright protection and procedures for dealing with copyright-related cases.

4. The People's Committees of various levels shall direct the local functional agencies to carry out the popularization and education on the copyright protection, conduct inspection and handle, according to their jurisdiction, violations occurring in their localities.

5. To assign the Ministry of Culture and Information to guide, urge and report the results of the implementation of this Directive.

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