Aman's School

There are several ways to defend copyright in Vietnam when an author learns that his work has been subject to infringement. The author may, for example, ask the appropriate authority to resolve the violation administratively, file a civil action in court, or ask that a criminal case be prosecuted. In accordance with Decree No. 131/2013/ND-CP, issued November 16, 2013, of the Government of Vietnam on penalizing administrative violations of copyright and related rights, administrative authorities implement administrative remedies for copyright infringement. This Decree describes administrative infractions, levels of punishment, remedial procedures, and the authority to punish administrative violations of copyright and related matters. Additionally, the Vietnamese Criminal Code states.

Depending on the severity, anyone who willfully copies or distributes to the public a work, phonogram, or video recording without the owner's consent infringes on copyrights and related rights that are protected in Vietnam and may face a fine or non-custodial punishment of up to three years (Article 225, the Vietnamese Criminal Code). Additionally, suing the infringer in court is the most typical way to demand that they stop infringing, as well as to demand a public apology, rectification, or payment of damages and legal fees (Article 202, the Intellectual Property Law, Vietnam).

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