DOMESTIC LEGISLATION

The Civil Code of the Socialist Republic of Vietnam, which  took effect on July 1, 1996, contains the first codification of Vietnamese copyright law (the 'Copyright Law'). The Copyright Law, which supersedes the Ordinance on Copyright Protection, has since been supplemented by more specific implementing legislation. The Ministry of Culture and Information, which is charged with administering the legal framework for copyright protection in Vietnam, is now considering implementing legislation in respect of the mechanism by which copyrights are enforced.

BILATERAL TREATY

On April 16, 1997, Vietnam and the US concluded the Agreement between the Government of the United States of America and the Socialist Republic of Vietnam on the Establishment of Copyright Relations (the 'Copyright Agreement').

The first agreement of its kind between Vietnam and a foreign country, the Copyright Agreement requires both countries to protect 'all types of copyrightable works' (including computer software) owned by nationals for the other or which are first published in the territory of the other.

In protecting the copyrights of the other country's nationals, the Copyright Agreement requires Vietnam and the US to provide a level of copyright protection which is at least as favourable as each accords its own nationals. In addition, both countries must comply with specific minimum standards of copyright protection. Publication or registration of a work may not be required as a precondition for its protection. Protection is expressly extended to works which were first published before the entry into force of the Copyright Agreement.

RIGHTS OF OWNERS

Under Vietnam's Copyright Law, computer software is among the literary, artistic and scientific works which are expressly protected from infringement. Rights of copyright owners include the right to use, disseminate and publish the subject work, as well as the economic rights associated with the work.

It should also be noted that computer software is expressly excluded for the 'fair use' provisions of the Copyright Law. ('Fair use' refers to the circumstances in which a party may use a copyrighted work without having to obtain the consent of or pay compensation to the copyright owner.)

Under the Copyright Law and related implementing legislation, owners of copyrights  are entitled to pursue the following remedies through administrative, civil and criminal procedures:

• termination of the act of infringement

• public apology for the infringement

• a public retraction

• compensation for damages suffered by the copyright owner.

In addition, US owners of copyrights and others covered by the Copyright Agreement will benefit from Vietnam's specific obligation to provide: Preliminary and permanent injunctive relief, damages and seizure and destruction of infringing goods and the materials and machinery used to create them; Criminal procedures and penalties for copyright piracy on a commercial scale, including the imposition of fines and imprisonment sufficient to deter such acts and seizure and destruction of infringing goods and the materials and machinery used to make them; and Effective enforcement at the border, including the seizure and destruction of infringing goods in transit or bound for import or export.

OBLIGATIONS OF SOFTWARE USERS

As a software user, it is your responsibility to purchase legal software and use it only in accordance with the applicable end-user agreement which comes shrink-wrapped with the software.

You should read and familiarize yourself with the terms of the end-user agreement which applies to the genuine software you have purchased. Without the prior written consent of the software company, it is  illegal to use a single copy of a genuine software product in more than one computer, or to reproduce the software or its operation manual for the purpose or hire of distribution.

Before you buy any software you carefully check to see that you are buying genuine product.

Some pirated software looks similar to genuine software, but its quality will often be inferior. If you use pirated or illegally reproduced software, in addition to possible civil and criminal penalties, you will be risking the introduction of viruses or defective software or disks to your computer.

Not only are your organization's computers at risk from using unauthorized software, your databases, financial systems and all other vital business functions become vulnerable as well. In addition to the legal risks, your organization is at high risk of lost time and productivity, lost money, lost credibility and lost business.

Indeed, the only guarantee that comes with using unauthorized software is the guarantee for no original documents, no technical support, no distribution or upgrades and no quality assurance.

Unauthorized software does not provide the reliability your organization needs to function efficiently and is indeed counterproductive to every investment your organization makes to try to succeed in today's increasingly competitive business environment.

ESTIMATED REVENUE LOSSES TO THE SOFTWARE INDUSTRY IN VIETNAM

Software piracy in Asia has been responsible for over US$3.9 billion in losses to the software industry. These losses continue to inflict significant damage not only to the software industry, but also to the entire Vietnamese economy. Software piracy robs local and foreign software producers of their products and deters local and foreign investment in software development.

ASSISTANCE IN COMBATING COMPUTER SOFTWARE PIRACY

The BSA promotes the continued growth of the software industry through its international public policy, education and enforcement programs in more than 60 countries throughout Asia, North America, Europe and South America.

If you suspect that you have purchased pirated software, or if you are aware of someone who uses or sells pirated software, please contact the