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Viet Nam

Luật Sở hữu trí tuệ (consolidated as amended through Law No. 07/2022/QH15).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020252006: 60%2007: 60%2008: 60%2009: 60%2010: 60%2011: 60%2012: 60%2013: 60%2014: 60%2015: 60%2016: 60%2017: 60%2018: 60%2019: 60%2020: 60%2021: 60%2022: 60%2023: 20%2024: 20%2025: 20%YearOpenness score (%)

Selected year snapshot

For 1993, the active event in this file is Pháp lệnh về quyền tác giả (Ordinance on Copyright Protection, 1994).

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Current rationale

Vietnam's first modern copyright legislation was the Ordinance on Copyright Protection (Pháp lệnh bảo hộ quyền tác giả) adopted on 2 December 1994, effective from the same date. Before this ordinance, copyright was governed by scattered provisions in the 1992 Constitution and the 1995 Civil Code (Part Six). No comprehensive copyright statute was in force on 1990-01-01. The 1994 Ordinance contained exceptions in Article 24 permitting, inter alia, personal copying for non-commercial purposes and use for scientific research and teaching. However, I was unable to retrieve and verify the full verbatim text of the 1994 Ordinance via web search to confirm the exact scope of these exceptions. Therefore the baseline is classified as AMBIGUOUS pending verification of the actual statutory text.

Exceptions considered

Điều 24?Private UseMost permissive

Exceptions to copyright including personal copying and use for scientific research/teaching (reported but unverified text)

Law changes

Pháp lệnh về quyền tác giả (Ordinance on Copyright Protection, 1994)

Baseline · Effective 1994-12-02

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Relevant section: Điều 24

Dates: Effective 1994-12-02 · Enacted 1994-12-02

Why this score

Vietnam's first modern copyright legislation was the Ordinance on Copyright Protection (Pháp lệnh bảo hộ quyền tác giả) adopted on 2 December 1994, effective from the same date. Before this ordinance, copyright was governed by scattered provisions in the 1992 Constitution and the 1995 Civil Code (Part Six). No comprehensive copyright statute was in force on 1990-01-01. The 1994 Ordinance contained exceptions in Article 24 permitting, inter alia, personal copying for non-commercial purposes and use for scientific research and teaching. However, I was unable to retrieve and verify the full verbatim text of the 1994 Ordinance via web search to confirm the exact scope of these exceptions. Therefore the baseline is classified as AMBIGUOUS pending verification of the actual statutory text.

Exceptions considered

Điều 24?Private UseMost permissive

Exceptions to copyright including personal copying and use for scientific research/teaching (reported but unverified text)

Bộ luật Dân sự 1995 (Civil Code 1995), Phần thứ sáu - Quyền sở hữu trí tuệ

Relevant update · Effective 1996-07-01

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Relevant section: Điều 761

Dates: Effective 1996-07-01 · Enacted 1995-10-28

Why this score

The 1995 Civil Code (effective 1 July 1996) contained Part Six on intellectual property rights including copyright exceptions. Article 761 reportedly permitted use of published works without permission for personal purposes and for scientific research/teaching, provided it did not prejudice the normal exploitation of the work. However, the full verbatim text could not be retrieved and verified via web search.

Exceptions considered

Điều 761?ResearchMost permissive

Use of published works for personal purposes and scientific research/teaching without permission (reported but unverified)

Luật Sở hữu trí tuệ 2005 (Law on Intellectual Property No. 50/2005/QH11)

Relevant update · Effective 2006-07-01

60%

Relevant section: Điều 25, Điều 26, Điều 32

Dates: Effective 2006-07-01 · Enacted 2005-11-29

Why this score

Article 25(1)(a) permits self-reproduction ('tự sao chép') of one copy for the purpose of scientific research or teaching by an individual ('cá nhân'). This is the most permissive research-relevant exception. It covers reproduction of full works (no excerpt limitation), applies to all types of works, but is restricted to individuals ('cá nhân') making a single copy for their own research — it does not authorize sharing/communication. The word 'tự sao chép' (self-reproduction) and 'cá nhân' (individual) restrict this to private/personal use. Article 25(1)(đ) permits library reproduction for archival/research purposes (PURPLE-level). Article 25(1)(b)-(d) are quotation provisions (RED-level). Article 25(2) applies a three-step test as a limiting condition, not as an enabling clause. The most permissive exception is Art. 25(1)(a): reproduction of full works, any type of work, but restricted to individuals — LIGHT BLUE. Non-commercial restriction and single-copy limit are classification-neutral factors.

Exceptions considered

Điều 25(1)(a)60%Private UseMost permissive

Self-reproduction of one copy for scientific research or teaching by an individual

Điều 25(1)(b)0%Quotation

Reasonable quotation for commentary or illustration in one's own work

Điều 25(1)(c)0%Quotation

Quotation for newspaper articles, periodicals, radio/TV programs, documentaries

Điều 25(1)(d)0%Educational

Quotation for teaching in schools, non-commercial

Điều 25(1)(đ)40%Library Institutional

Reproduction of a work for archival storage in a library for research purposes

Điều 25(2)0%Three Step Test

Three-step test as limiting condition on all exceptions in Art. 25(1)

Điều 260%Other

Cases of use of published works without permission but with payment of royalties (performance, recording, broadcasting) — not directly research-relevant

Điều 3260%Private Use

Cases of use of performances, phonograms, video recordings, broadcasts without permission and without payment — includes personal reproduction for scientific research

Original text

English rendering

Source links

Luật sửa đổi, bổ sung một số điều của Luật Sở hữu trí tuệ 2009 (Law No. 36/2009/QH12 amending the IP Law)

Relevant update · Effective 2010-01-01

60%

Relevant section: Điều 25 (as amended)

Dates: Effective 2010-01-01 · Enacted 2009-06-19

Why this score

The 2009 amendment (effective 1 January 2010) made minor adjustments to Article 25 including explicitly adding 'not for commercial purposes' to Art. 25(1)(a). This is a classification-neutral factor. The core structure of the exception remains the same: self-reproduction of one copy by an individual for scientific research. No new broader exception was added. The classification remains LIGHT BLUE for the same reasons as the 2005 law.

Exceptions considered

Điều 25(1)(a)60%Private UseMost permissive

Self-reproduction of one copy for scientific research or teaching by an individual, not for commercial purposes

Điều 25(1)(b)0%Quotation

Reasonable quotation for commentary or illustration

Điều 25(1)(đ)40%Library Institutional

Reproduction for archival storage in a library for research purposes

Điều 25(2)0%Three Step Test

Three-step test as limiting condition

Điều 3260%Private Use

Use of related rights objects without permission for personal scientific research

Original text

English rendering

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Luật sửa đổi, bổ sung một số điều của Luật Sở hữu trí tuệ 2022 (Law No. 07/2022/QH15 amending the IP Law)

Relevant update · Effective 2023-01-01

20%

Relevant section: Điều 25 (as amended 2022)

Dates: Effective 2023-01-01 · Enacted 2022-06-16

Why this score

The 2022 amendment (effective 1 January 2023) significantly modified Article 25(2) by adding an explicit exclusion: the exceptions in Article 25(1) 'shall not apply to architectural works, fine art works, or computer programs' ('không áp dụng đối với tác phẩm kiến trúc, tác phẩm tạo hình, chương trình máy tính'). This means the self-reproduction exception in Art. 25(1)(a) — which previously covered all types of works — now excludes three categories of works. The exception still permits full-work reproduction (one copy) for scientific research by an individual, but NOT for architectural works, fine art works, or computer programs. This is a work-type restriction that moves the classification from LIGHT BLUE to ORANGE. Uses: reproduction only (no sharing). Works: all works EXCEPT architectural, fine art, and computer programs. Users: individuals only. The most permissive exception remains Art. 25(1)(a), but it now has a work-type carve-out, making it ORANGE. The non-commercial restriction and single-copy limit are classification-neutral.

Exceptions considered

Điều 25(1)(a) + 25(2)20%Private UseMost permissive

Self-reproduction of one copy for scientific research or teaching by an individual, not for commercial purposes; does NOT apply to architectural works, fine art works, or computer programs

Điều 25(1)(b)0%Quotation

Reasonable quotation for commentary, illustration, newspaper articles, periodicals, broadcasting

Điều 25(1)(c)0%Educational

Quotation for teaching in schools, non-commercial

Điều 25(1)(d) + 25(2)20%Library Institutional

Reproduction for archival storage in a library for research purposes; does not apply to architectural works, fine art works, or computer programs

Điều 25(1)(i)60%Private Use

Importing copies of others' works for personal use

Điều 25(2)0%Three Step Test

Three-step test as limiting condition; explicit exclusion of architectural works, fine art works, and computer programs from all Art. 25(1) exceptions

Điều 32 (as amended)60%Private Use

Use of related rights objects without permission for personal scientific research

Original text

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Luật Sở hữu trí tuệ (consolidated as amended through Law No. 07/2022/QH15)

Current law confirmation · Effective 2023-01-01

20%

Relevant section: Điều 25, Điều 26, Điều 32

Dates: Effective 2023-01-01 · Enacted 2022-06-16

Why this score

As of 2025, the IP Law as amended through 2022 remains in force. The most permissive research-relevant exception is Article 25(1)(a): self-reproduction of one copy for scientific research by an individual, not for commercial purposes. However, Article 25(2) explicitly excludes architectural works, fine art works, and computer programs from all exceptions in Article 25(1). This means full-work reproduction for research is permitted for most types of works (literary works, musical works, audiovisual works, photographic works, etc.) but NOT for architectural works, fine art works, or computer programs. Analysis across three dimensions: Uses — reproduction only (no sharing/communication authorized); Works — all works except architectural, fine art, and computer programs; Users — individuals only. The work-type exclusion is the most restrictive element, yielding ORANGE. There is no TDM-specific exception. The library exception in Art. 25(1)(d) is also subject to the same work-type exclusion and is limited to institutional archival purposes (PURPLE level before the exclusion, ORANGE after). No fair use or fair dealing general clause exists. The non-commercial restriction and single-copy limit are classification-neutral factors and did not affect the color assignment.

Exceptions considered

Điều 25(1)(a) + 25(2)20%Private UseMost permissive

Self-reproduction of one copy for scientific research or teaching by an individual, not for commercial purposes; excludes architectural works, fine art works, and computer programs

Điều 25(1)(b)0%Quotation

Reasonable quotation for commentary, illustration, newspaper articles, periodicals, broadcasting

Điều 25(1)(c)0%Educational

Quotation for teaching in schools, non-commercial

Điều 25(1)(d) + 25(2)20%Library Institutional

Reproduction for archival storage in a library for research purposes; excludes architectural works, fine art works, and computer programs

Điều 25(1)(i)60%Private Use

Importing copies of others' works for personal use

Điều 25(2)0%Three Step Test

Three-step test as limiting condition; explicit exclusion of architectural works, fine art works, and computer programs

Điều 260%Other

Cases of use of published works without permission but with payment of royalties (performance, recording, broadcasting for non-commercial purposes) — not directly research-relevant

Điều 32 (as amended)60%Private Use

Use of related rights objects (performances, phonograms, video recordings, broadcasts) without permission for personal scientific research by individuals

Original text

English rendering

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