Short answer: not mandatory, but strongly recommended. Copyright in software arises automatically upon creation — but a Certificate of Copyright Registration is your strongest evidentiary weapon in a dispute. This article explains automatic protection, the value of registration, the procedure at the correct authority, and penalties for infringement.
1. What is automatic protection? (Article 6.1)
Article 6.1 of Consolidated Document 67/VBHN-VPQH provides that copyright arises from the moment a work is created and fixed in a certain material form, regardless of whether it has been registered. For software, that “material form” is the source code and object code stored on a storage medium. In other words: the moment you finish writing code and save it, you own the copyright — no filing, no approval needed.
Under Article 22.1, computer programs (source code, object code) are protected works. Note the distinction: under Article 59.2, software cannot be protected as a patent — the protection route for software is copyright, not patent.
2. Why register, if protection is automatic?
Articles 49.2–49.3 provide that copyright registration is not mandatory. However, a Certificate of Copyright Registration carries evidentiary presumption: in a dispute, the certificate holder is presumed to be the right holder, and the burden of proof shifts to the other side. Without a certificate you still hold the rights — but you must prove authorship/ownership yourself (drafts, commit logs, employment contracts…), which is costlier and riskier.
3. Where to register? What is the procedure?
The competent authority is the Copyright Office of Vietnam — Ministry of Culture, Sports and Tourism (not the Intellectual Property Office, which administers industrial property rights such as trademarks and patents). A copyright registration dossier for a computer program includes:
- The copyright registration declaration (standard form);
- Two copies of the computer program (source/object code, submittable on disk/USB or as instructed);
- Documents proving the applicant’s legal status (ID card, enterprise registration certificate…);
- Consent of co-authors/co-owners (if any); power of attorney (if filed through a representative);
- Proof of fee payment.
The Copyright Office examines the dossier and issues the Certificate of Copyright Registration if all conditions are met.
4. Penalties for software copyright infringement
Decree 341/2025/ND-CP (effective 15 February 2026) governs administrative penalties for copyright and related-rights violations, with maximum fines of VND 250 million for individuals and VND 500 million for organizations. Acts such as unauthorized copying or distribution of software may attract fines, confiscation of infringing goods, and orders to remove or destroy infringing copies. Beyond administrative penalties, right holders may also sue for civil damages.
5. Practical recommendations for software businesses
- Register copyright for core software products as soon as a stable version is complete.
- State clearly in employment/contractor agreements that copyright in created software belongs to the company.
- Systematically archive source code, development logs and versions — both as evidence and for registration dossiers.
Legal note: This article is for reference only and is not legal advice for any specific matter. Laws and regulations may change; consult the current legal texts or a lawyer before acting.
Transparency: This content was produced and quality-checked by FLAT Law Firm’s AI Legal Council under internal procedures; it has not been reviewed by a human lawyer.
