Overview per Jurisdiction
Vietnam
Governing Law & Dispute Resolution Mechanism

The Intellectual Property Law passed by the National Assembly of Vietnam on 29 November 2005, which took effect on 1 January 2006 and was amended on 19 June 2009

 


Is there a specialized dispute resolution body? No
Which Body? N/A
Do the general courts have jurisdiction to determine reasonable license terms where they cannot be agreed? Yes
Which court? Courts at district levels, Civil courts and Economic courts under provincial people’s courts.

The Civil Procedure Code of Vietnam (“CPC”) provides that disputes over intellectual property rights fall under the courts' jurisdiction. A circular jointly issued by the Supreme Court and other State authorities goes further to provide that courts have jurisdiction to handle disputes over contracts on copyright assignment or licensing, or disputes over contracts on copyright service.


Summary of Key Collecting Societies
Type of Licenses
TV Radio Online Production Mechanical Performance / Renting Live Events Products Others
RIAV - Recording Industry Association of Vietnam N/A N/A N/A N/A N/A N/A N/A N/A
VCPMC - Vietnam Center for Protection of Music Copyright N/A N/A N/A
VIETRRO - Vietnam Reproduction Rights Organization N/A N/A N/A N/A N/A N/A N/A N/A N/A


N/A - CMO does not offer this type of license



Level of Activity

The local collecting societies are generally active.

Contributors / Coordinators

The Baker & McKenzie member/affiliate office in this jurisdiction prepared the content of this chapter and coordinated with the relevant CMOs. For more information on the CMOs, you may also contact the CMOs directly using the contact details provided in this chapter.


Manh Hung Tran
BMVN International LLC
Hanoi
tmh@bmvn.com.vn
T + 84 4 3 936 9398


Minh Tri Quach
Special Counsel
Hanoi
MinhTri.Quach@bmvn.com.vn
T + 84 4 3 936 9605


Hong Yen Vu
BMVN International LLC
Hanoi
Yen.Vu@bmvn.com.vn
T + 84 4 3 936 9348