This translation is only for reference - 3
5. Having responsibility directly for paying damages due to violation of copyright and related rights as
prescribed by law on intellectual property and other related laws in the following cases:
a) Being source to start publishing, transmitting or supplying content of digital information by Internet
and telecommunication network without permission of the subject having right;
b) Editing, truncating, copying content of digital information in any manner without permission of the
subject having right;
c) Intentionally canceling or disabling technical measures performed by the subject having right for
protection of copyright and related rights;
d) Operation as source of secondary distribution of content of digital information that obtain due to
violation of copyright and related rights.
6. In addition to perform provisions in clauses 1, 2, 3, 4 and 5 of this article, enterprise providing
service of online social network must perform the following duties:
a) Requesting person using service for commitment of performing duty of ensuring of using legally
content of digital information uploaded and published in the internet and telecommunication network
system;
b) Warning duty of civil compensation, ability of administration sanction, being prosecuted personal
criminal liability for person using online social network having act that violating copyright and related
rights.
Chapter III
ORGANIZATION OF IMPLEMENTATION
Article 6. Combination in handling violation
The inspector of the Ministry of Information and Communications combine with the inspector of the
Ministry of Culture, Sports and Tourism to handle violations of copyright and related rights in the
internet and telecommunication networks environment.
Article 7. Effect of the Circular
This Circular takes effect from August 06, 2012.
Article 8. Duty of performance organization
The head of office, director of the Science and technology department, the Chief Inspector of the
Ministry of Information and Communications; director general of Copyright Office of Vietnam, the
Chief Inspector of the Ministry of Culture, Sports and Tourism, heads of agencies, units under the
Ministry of Information and Communications, the Ministry of Culture, Sports and Tourism; director of
Information and Communications Services, Culture, Sports and Tourism Services of
centrally-affiliated cities and provinces, and relevant organizations, individuals shall implement this
Circular.
FOR THE MINISTER OF CULTURE, SPORTS
AND TOURISM
DEPUTY MINISTER
FOR THE MINISTER OF INFORMATION AND
COMMUNICATIONS
DEPUTY MINISTER
Ho Anh Tuan
Do Quy Doan