Is it permissible to grant copyright protection on architectural design drawings in Vietnam?

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Question date: 07/02/2023

Is it permissible to grant copyright protection on architectural design drawings in Vietnam?

I am a construction designer. In the past, I drew a blueprint of a house. However, it has not started constructing yet. Will my drawings be protected by copyright? Is it necessary to register with the competent authority?

    • Is it permissible to grant copyright protection on architectural design drawings in Vietnam?

      Pursuant to Clause 5 Article 1 of the Law Amending and Supplementing the Law on Intellectual Property in 2009, architectural design drawings shall be eligible for copyright protection.

      Pursuant to Clause 1 Article 15 of the Decree 22/2018/NĐ-CP, architectural works specified at Point i, Clause 1, Article 14 of the Intellectual Property Law means works of architectural type, including:

      + architectural design drawings of facilities or complex of facilities, interior and landscapes.

      + architectural facilities.

      - The author is entitled to moral rights prescribed in Article 19 and economic rights prescribed in Article 20 of the Intellectual Property Law.

      - An author not also the copyright owner is entitled to moral rights prescribed in Clauses 1, 2 and 4 Article 19 of the Intellectual Property Law; an copyright owner is entitled to the rights prescribed in Clause 3 Article 19 and Article 20 of the Intellectual Property Law.

      - The author and any entity providing financial aid, technical facilities to create the work may reach arrangements repair of the work.

      As regulations above, in case architectural design drawing that has not started constructing, you shall be eligible for copyright protection.

      Which authorities shall receive application for copyright protection in Vietnam?

      Pursuant to Clause 1 Article 6 of the Law on Intellectual Property in 2005 stipulating grounds for the generation and establishment of intellectual property rights as follows:

      Copyright shall arise at the moment a work is created and fixed in a certain material form, irrespective of its content, quality, form, mode and language and irrespective of whether or not such work has been published or registered.

      As regulations above, copyright shall arise at the moment a work is created. Therefore, you don't have to register for copyright at competent authorities.

      Best regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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