Rights and responsibilities of organizations and individuals engaged in software industry activities in Vietnam

Recently, the Government of Vietnam has issued Decree No. 71/2007/NĐ-CP detailing and guiding the implementation of a number of articles of the Law on information technology regarding information technology industry.

Quyền, trách nhiệm của tổ chức, cá nhân tham gia hoạt động công nghiệp phần mềm, Nghị định 71/2007/NĐ-CP

According to Article 16 of Decree No. 71/2007/NĐ-CP of Vietnam’s Government, organizations and individuals engaged in software industry activities shall comply with relevant provisions of law and the following provisions:

- To participate in the research and development of information technology products;

- To manufacture and supply information technology products;

- To digitalize, maintain and increase the value of, information resources;

- To register intellectual property rights to products and services which they create and the State protects in accordance with law,

- To exercise other rights in accordance with law.

- To meet the prescribed conditions and comply with the provisions of the Law on Information Technology, the Investment Law, the Enterprise Law, the Law on Enterprise Income Tax, the Law on Intellectual Property, the Law on Technology Transfer and relevant laws;

- To ensure the truthfulness of research and development as well as manufacture results;

- By March 15 annually at the latest, information technology industry enterprises shall send reports on the previous year's situation of specialized information technology industry activities to provincial municipal Post andTelematics Services of their respective localities. The Ministry of Post andTelematics shall specify the contents of those reports.

- Organizations and individuals may not commit acts in order to obtain source codes of softwares, software design structures or basic contents of softwares and software documents without permission of software owners.

- Individuals who are hired to research and develop softwares or any individuals who have access to softwares may not copy and use for any purposes those softwares, software documents, software structures, software source codes or their basic contents without permission of investors of research and development of those softwares.

View more details at Decree No. 71/2007/NĐ-CP of Vietnam’s Government, effective from June 08, 2007.

Ty Na

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