Copyright registration for Website

Copyright registration for Website

1. Legal Basis

• Document No. 11/VBHN-VPQH dated July 8, 2022 consolidating the Law on Intellectual Property.
• Law on Information Technology No. 67/2006/QH11 dated June 29, 2006.
• Decree No. 17/2023/ND-CP of the Government dated April 26, 2023 detailing a number of articles and measures to implement the Intellectual Property Law on copyright and related rights.

2. Copyright registration for Website

2.1. Forms of website copyright registration

Website means a website or a collection of websites in the network environment in service of information supply and exchange. Websites are protected by copyright in the following two forms:

• Register copyright of the website interface (homepage and category pages) in the form of applied art works. Works of applied art are works expressed by lines, color, shapes, and compositions with useful functions, potentially associated with a useful item, and manufactured manually or industrially and include: Graphic design (presentation of product logos, identity, and packaging; presentation of characters); fashion design; aesthetic design associated with forming products; aesthetic interior design, interior and exterior decoration. Works of applied art are expressed by aesthetic shaping of products, cannot be easily created by persons with average understanding in respective field, and do not require aesthetic exterior in order to function.
• Register website source code copyright in the form of computer program. A computer program is a set of instructions expressed in the form of commands, codes, diagrams or any other form that, when attached to a medium readable by the computer, is capable of causing the computer to execute perform a task or achieve a specific result.

2.2. Procedure of Website copyright registration

Step 1: Submit a copyright registration application.

The author or copyright owner directly or authorizes an organization or individual to submit 01 set of website copyright registration documents to the competent authority.

Step 2: Process copyright registration documents.

Within fifteen working days from the date of receipt of a valid application, the state management agency for copyright is responsible for issuing a Copyright Registration Certificate to the applicant.

In case of refusal to issue a Copyright Registration Certificate, the state management for copyright must notify the applicant in writing.

2.3. Website copyright registration documents

Website registration application in the form of applied art work.

• Application for copyright registration of website interface;
• Commitment of the author who wrote the interface that he created and did not copy anyone else’s;
• Author’s declaration about the owner of the work (applicable in cases where the author is also the owner);
• The company’s decision to assign the author to create the website interface (in case the company is the website owner); or contract with another party to create a website;
• 02 printed copies of the website interface on A4 paper;
• 01 copy of author’s identity card;
• 01 copy of the owner’s identity card (individual) or company business registration certificate (legal entity).

Website registration application in the form of a computer program

• Application for registration of computer program copyright;
• 02 CDs containing website code;
• 02 printed copies of the website code along with the home page interface;
• Author’s commitment to writing the website code himself/herself, not copying from any individual/organization;
• The company’s decision to assign the author to code the website (in case the author is a company employee) or contract to outsource the design (in case a third party is hired);
• 01 copy of the author’s identity card;
• 01 copy of the identity card of the website owner (individual) or business registration certificate of the website owner (legal entity)

2.4. How to sumit

• Submit application directly to the Copyright Office – Ministry of Culture, Sports and Tourism.
• Submit application via postal service.

3. Reference

Website of the Ministry of Culture, Sports and Tourism: https://bvhttdl.gov.vn/thu-tuc-hanh-chinh/1018.htm