On 21 September 2006, the Government promulgated Decree no. 100/2006/NĐ-CP making detailed provisions and providing guidelines on the implementation of certain articles of the Civil Code, the Intellectual Property law on copyright and related rights. The Decree has officially taken effect since 17 October 2006 in substitution of the Decree no. 76/CP dated 29 November 1996. Scope of application of the Decree is copyright and related rights, registration of copyright and related rights, copyright/related rights collective representative organizations, consultant organizations on copyright and related rights, protection of copyright and related rights.

Highlights of the Decrees include:

• Right to name works as stated in Article 19 of the Law on Intellectual Property shall not apply to the works translated from a language to another.

• Reasonable quoting works without alteration of their contents for commentary or for illustration in one’s own works must be in conformity with the following conditions: The quoted part is only for the purpose of introducing, commenting or clarifying issues reflected in one’s own works; The portion and nature of the quoted part from the being-quoted-work does not prejudice the right of the authors to the being-quoted-work; and is in compliance with the nature and features of the type of the quoted work.

• Importing copies of another’s work for personal use shall only apply to the importation of no more than one copy.

• Cases of using related rights not for the business purposes shall not have to obtain permission, not be liable for payment of royalties, remuneration, include: (i) Self-duplicating one single copy for the purpose of personal scientific research; (ii) Self-duplicating one single copy for the teaching purpose, except when a performance, or sound/video recording, or a broadcasting program has been published for teaching purpose.

• The following right holders shall have the right to initiate lawsuits at the competent court in order to protect their legitimate rights and interest related to copyright and related rights: authors; owners of copyright and related rights; legal successors of authors or of owners of the copyright and related rights; organizations and individuals being the transferees of rights of owners of copyright and related rights; organizations and individuals using works on a contractual basis; performers; producers of sound/video recordings; broadcasting organizations; copyright/related rights collective representative organizations with assigned rights; the right holders as provided for by the law regulations. Relevant organizations and State agencies, within the scope of their respective duties and powers, shall have the right to initiate a civil lawsuit requesting the Court for protection of the public or the State interest in relation to copyright and related rights.