Quyết định 88/QĐ-TTg 2017 Đề án thực thi luật bảo hộ quyền tác giả

THE PRIME MINISTER

Decision No. 88/QD-TTg dated January 20, 2017 of the Prime Minister on approving the scheme to improve managerial capability and effective implementation of law on copyright and related rights by 2020, with an orientation to 2025

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Intellectual Property dated November 29, 2005 and Law on amendments to the Law on Intellectual Property dated June 19, 2009;

Pursuant to Resolution No. 33-NQ/TW dated June 9, 2014 of the 9thmeeting of the 11thCentral Committee of the Communist Party in terms of encouragement of an ethics-based culture and Vietnamese people to meet the requirements for sustainable development of the country;

Pursuant to Resolution No. 102-NQ/CP dated December 31, 2014 of the Government on promulgation of Action Program on implementation of Resolution No. 33-NQ/TW dated June 9, 2014 of the 9th meeting of the 11th Central Committee of the Communist Party in terms of encouragement of an ethics-based culture and Vietnamese people to meet the requirements for sustainable development of the country;

At the request of the Minister of Culture, Sports and Tourism,

DECIDES:

Article 1.Approve the Scheme to improve managerial capability and effective implementation of law on copyright and related rights by 2020, with an orientation to 2025 (hereinafter referred to as the Scheme), in particular:

I. OBJECTIVES

1. General objectives

Facilitate evolution of and improve efficiency and effectiveness of management and enforcement of law on copyright and related rights; enhance creation of literary, art and scientific works, performances, phonograms and video recordings and broadcasts, the value of which will serve the public and is contributed to the socio-economic development and international integration of country.

2. Specific objectives

a) By 2010:

- The system of authorities managing and enforcing law on copyright and related rights from central to local government is expected to be reinforced, strengthened, synthesized and cooperated; concentrating on major provinces and cities forming cultural industries.

- The online public services level 3 associated with registration of copyright and related rights are expected to be provided.

- 70% of personnel in charge of management and enforcement of law on copyright and related rights from central to local government are expectedly provided with professional training courses.

- Approximately 500 participations being authors or owners of copyright and related rights are provided with copyright and related right training courses every year.

b) By 2015:

- 100% of provinces or central-affiliated cities expectedly have part-time or full-time personnel in charge of management and enforcement of law on copyright and related rights.

- The online public services level 4 associated with registration of copyright and related rights are expectedly provided.

- 100% of personnel in charge of management and enforcement of law on copyright and related rights from central to local government are expectedly provided with professional training courses.

- Approximately 700 participations being authors or owners of copyright and related rights are provided with copyright and related right training courses every year.

II. TASKS AND MEASURES

1. Research, review, and evaluate to amend and make better regulations on management and enforcement of copyright and related rights in current system of law, in accordance with international practice.

2. Improve managerial capability and enforcement

a) Develop handbooks in respect of management and enforcement of law on copyright and related rights;

b) Provide refresher courses mainly for personnel in charge of management and enforcement of law on copyright and related rights from central to local government;

c) Assign personnel in charge of management and enforcement of law on their copyright and related right in provinces; in which full-time personnel are required in Hanoi and Ho Chi Minh City;

d) Enable designated collective representatives of copyright and related rights to enforce the law on copyright and related rights ensure transparency, with a vision to professional activities.

3. Improve application of information technology and international cooperation

a) Build a national database of copyright and related rights in conformity with international practice; a set of management and lookup software that identifies violations on the Internet.

b) Establish connection between the interest database of registration of copyright and related rights and database of enforcement authorities, facilitating the inspection and identification of violations against law on copyright and related rights.

c) Apply online public administration services to registration of copyright and related rights meeting requirements for reform of administrative procedures.

d) Accelerate international cooperation. Take advantage of assistance of countries and international organizations to enter into cooperation programs, technical assistance and accede comprehensively international treaties on copyright and related rights.

4. Raise public awareness of compliance with regulations to right holders, entities in respect to exploitation and use of copyright and related rights and the public.

a) Raise public awareness of law to entities in respect of interests, liabilities, and sanctions against violations of law on copyright and related rights.

b) Hold interactive programs; mobilize private sector involvement in communications to raise awareness of the extent of compliance with regulations on copyright and related rights.

III. SCHEME FUNDING

1. Scheme funding: State budget, contributions of domestic and foreign entities and other sources of funds.

2. Funding from government budget shall be financed from annual estimate of recurrent expenditures according to applicable budget decentralization.

IV. IMPLEMENTATION ORGANIZATION

1. The Ministry of Culture, Sports and Tourism

a) Take charge of planning and initiating implementation of the Scheme; expedite relevant ministries and People’s Committees of provinces or central-affiliated cities to implement the Scheme.

b) Review, research, or propose relevant agencies to formulate or amend policies on management and enforcement of law on copyright and related rights, which are issued by themselves or other competent authorities.

c) Develop handbooks in respect to management and enforcement of law on copyright and related rights; provide advanced training in management and enforcement of law on copyright and related rights.

d) Build and operate the national database of copyright and related rights; management and lookup software that identifies violations on Internet; establish connection between the interest database of registration of copyright and related rights with the database of enforcer of law on copyright and related rights.

dd) Initiate the online public services associated with registration of copyright and related rights.

e) Inspect, supervise and send annual reports on implementation of the Scheme to the Prime Minister.

2. The Ministry of Finance

a) Review or propose relevant agencies to make amendments on law on application of measures for prevention of imports and exports committing infringement of copyright and related rights and tax incentives to designated collective representatives of copyright and related rights.

b) Cooperate with the Ministry of Culture, Sports and Tourism in building and operating the connection between the interest database of registration of copyright and related rights with electronic database of enforcement of intellectual property rights of customs authorities.

c) Finance annual funding to implement the Scheme as prescribed.

3. The Ministry of Information and Communications

a) Review or propose relevant agencies to make amendments to law on application of measures for enforcement of law on copyright and related rights within scope of management of the Ministry.

b) Direct news and press agencies to raise public legal awareness and enforcement of law on copyright and related rights.

4. The Ministry of Industry and Trade and the Ministry of Public Security

a) Review or propose relevant agencies to make amendments to law on application of measures for enforcement of law on copyright and related rights within scope of management of the Ministry.

b) Cooperate with the Ministry of Culture, Sports and Tourism in building and operating the connection between the interest database of registration of copyright and related rights with database of enforcement of intellectual property rights.

5. Ministries and relevant agencies cooperate with the Ministry of Culture, Sports and Tourism and provinces in implementing the Scheme.

6. People’s Committees of provinces or central-affiliated cities shall implement the Scheme in the provinces effectively; take actions against matters relating to management and enforcement of law on copyright and related rights in a timely manner.

7. Socio-professional organizations and designated collective representatives of copyright and related rights cooperate actively with authorities managing and enforcing law on copyright and related rights to protect interests of members as per the law.

8. Ministries, People’s Committees of provinces or central-affiliated cities shall send annual reports to the Ministry of Culture, Sports and Tourism on implementation of the Scheme to prepare a consolidate report and send it to the Prime Minister.

Article 2.This Decision takes effect on the signing date.

Article 3.Ministers, heads of ministerial-level agencies, Governmental agencies, Presidents of People’s Committees of provinces or central-affiliated cities, and relevant entities shall implement this Decision./.

For the Prime Minister

The Deputy Prime Minister

Vu Duc Dam