Legal Considerations for FDI Enterprises Registering Copyright in Vietnam

In today's globalized economy, foreign-invested enterprises (FDI) increasingly focus on protecting intellectual property when investing in Vietnam. Registering copyright—including both author’s rights and related rights—is an essential part of safeguarding intangible assets. However, Vietnam’s legal system and procedures have specific characteristics that FDI enterprises must understand clearly to avoid risks and ensure legitimate rights.

Understand Copyright Registration in Vietnam

When people think of copyright, they often imagine books, music, or films. But for FDI enterprises, copyright extends to software, logo designs, marketing videos, websites, research reports, and internal training materials. These creative assets are valuable and need timely protection.

Why FDI Enterprises Should Register Copyright

Registering copyright not only protects ownership of intellectual creations but also helps enterprises to:

  • Prevent third-party copying or unauthorized use.

  • Enhance brand value and ease investment or transfer.

  • Serve as legal proof in case of infringement disputes.

  • Support business expansion in Vietnam and other markets.

Under Vietnam’s Intellectual Property Law, author’s rights are established from the moment a work is created and fixed in a tangible form. However, registering with the Copyright Office provides stronger legal evidence and practical benefits in legal proceedings.

Special Considerations for FDI Enterprises in Vietnam’s Registration Process

Although copyright registration procedures in Vietnam are generally the same for domestic and FDI enterprises, foreign investors face unique legal and administrative nuances.

Procedures and Required Documents

FDI enterprises should prepare:

  • Official copyright registration forms (provided by the Copyright Office).

  • A copy of the work (electronic or printed).

  • Documentation proving entitlement to register—especially when the work is created under contract by others.

  • Power of attorney (if using a Vietnamese IP representative).

  • Vietnamese translations of foreign-language materials (if any).

  • Documents proving the legal status of the FDI enterprise in Vietnam.

FDI companies often engage a Vietnamese IP agent to handle procedures due to language requirements and legal formalities.

Authority and Processing Time

The Copyright Office (under the Ministry of Culture, Sports and Tourism) handles registration filings. The standard processing time is 15 working days from full submission. Complex cases or ones needing ownership verification may take longer.

Key Legal Considerations for FDI Enterprises

Successful copyright protection in Vietnam involves more than just submitting paperwork. FDI enterprises must pay attention to crucial legal matters such as registration entity, ownership rights, scope of protection, and enforcement procedures. Here are the essentials:

  1. Ownership of Copyright
    Many FDI enterprises confuse authorship with ownership. For example, if an employee develops software during employment, copyright does not automatically belong to the company without a written agreement. Hence, employment or service contracts must clearly define copyright transfer from creator to business.

  2. Jurisdiction: Vietnam or Abroad?
    If a work was created overseas but the FDI enterprise wishes to register in Vietnam, it’s essential to determine whether it falls under Vietnam’s protection. Because Vietnam is a member of the Berne Convention, works from member countries are protected in Vietnam without requiring registration. Still, registration proves valuable legal evidence.

  3. Protection of Software and Source Code
    For software—a critical IP asset for many FDI enterprises—registration documents should include source code and user interface details, and such materials should be encrypted or secured when submitted. It’s also important to ensure that the software does not infringe on other IP rights (such as properly crediting open-source components).

  4. Registration of Related Rights
    Enterprises producing videos, sound recordings, or broadcast programs may need to register related rights beyond copyright. This requires in-depth knowledge of IP law and close cooperation between production and rights-owning entities.

  5. Enforcement Against Copyright Infringement in Vietnam
    If infringement occurs, FDI enterprises can pursue:

    • Formal cease-and-desist notices.

    • Complaints to the Copyright Office or local Department of Culture and Sports.

    • Lawsuits in competent People's Courts.

    • Emergency injunctions or administrative sanctions.

DEDICA Law Firm is a proven IP representative for many FDI enterprises in Vietnam. With experience in protecting software, design, media publications, training programs, and management systems, we help clients assess risks, craft effective copyright strategies, and optimize IP portfolios.

For FDI businesses, copyright registration isn’t just a legal formality—it’s a strategic tool in asset management and brand protection in Vietnam. When done correctly and timely, copyright becomes a competitive advantage and a powerful legal safeguard.

DEDICA proudly offers specialized advisory services in intellectual property and business law to international investors in Vietnam. We’re ready to guide you step by step—from initial consultation to enforcement if needed.

Contact DEDICA Law Firm for in-depth legal advice!
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