Software Copyright Registration in Vietnam: Dossier and Timeline

Software is the core asset of technology companies — yet many firms still believe “software must be registered to be protected.” Vietnamese law says the opposite: copyright in a computer program arises upon creation; registration is not mandatory (Articles 6(1) and 49(2) of the Law on Intellectual Property). So why register, what does the dossier include, and how long does it take? This article summarizes the rules under consolidated document 67/VBHN-VPQH and Decree 17/2023/ND-CP (in force, as amended by Decrees 116/2026 and 134/2026).

Short answer

Not mandatory: filing for registration is not a mandatory procedure to enjoy copyright (Article 49(2)). Rights arise when the work is created and fixed in a certain material form (Article 6(1)).
Value of registration: an organization or individual granted a Certificate is not obliged to prove that copyright belongs to them in a dispute (Article 49(3)) — registration is an “evidentiary shield”.
Dossier: declaration form (Form No. 03, Circular 08/2026/TT-BVHTTDL) + 02 copies of the work + authorization letter (if any) + ownership-evidence documents + consent of co-authors/co-owners (if any) — Article 50(2) of the IP Law, Article 39(1) of Decree 17/2023.
Timeline: 22 working days for dossier validity review + 15 working days for issuance of the Certificate once the dossier is valid — about 37 working days nominally.
Where to file: the Department of Cultural Industry and Copyright (new name from 30 September 2026 under Decision 2558/QD-BVHTTDL; do not use the old name “Copyright Office of Vietnam”).

How is software protected?

Under Article 14(1)(m), “computer programs, data compilations” are categories of works protected by copyright. Article 22(1) provides: “A computer program is protected as a literary work, whether expressed in source code or machine code.” A lawful user may make one backup copy.

A special point on exceptions: Article 25(3) excludes computer programs from the “use without permission, without payment” exceptions — meaning software may not be freely copied even for personal research purposes.

Duration of protection

Under Article 27(2)(b): works other than cinematographic, photographic, applied-art, or anonymous works are protected for the life of the author plus 50 years after the author’s death (co-authored works: 50 years after the last surviving co-author’s death).

Dossier components (Article 50(2) of the IP Law + Article 39(1) of Decree 17/2023)

Declaration form for copyright registration — Form No. 03 (for computer programs), Circular 08/2026/TT-BVHTTDL; signed or fingerprinted by the author/owner;
02 copies of the work (including electronic copies);
Authorization letter (if the filer is an authorized person);
Documents proving ownership:
- Individuals: 01 copy of ID card / Citizen ID / Passport;
- Organizations: 01 copy of Enterprise Registration Certificate / Establishment License / Establishment Decision;
- Works created under assignment: assignment decision or confirmation;
- Works created under contract: contract, contest rules/regulations;
- Inheritance: notarized/certified inheritance-determination documents;
- Transfer: assignment/gift/sale/capital-contribution contract in writing, notarized or certified;
- If the author is not the owner: a self-creation commitment + evidence of creation under assignment/contract/contest, with legal responsibility;
- New point (Decree 116/2026): where the receiving authority can retrieve information from the National Population Database / enterprise registration database / other databases, the identity and legal-status documents need not be submitted;
Consent of co-authors (if any);
Consent of co-owners (if jointly owned);
If the work uses another person’s personal image: that person’s consent;
Appendix to the declaration under Circular 08/2026: a description and commitment regarding the use of AI systems assisting creation (if AI was used — a new requirement from Decree 134/2026).

The dossier must be in Vietnamese; documents in other languages must be translated (Article 50(3)).

Specific requirements for copies of computer programs (Article 43(9) of Decree 17/2023)

The copy set comprises: a CD containing the program (one side labeled with white paper bearing the program name) + A4 printouts of the full interface and source code. Where the printed code reaches 100 pages or more: only the first 25, middle 25, and last 25 pages need be printed. (Per the regulations in force at the time of research — Decree 134/2026 is confirmed to only add AI-related provisions and does not touch Article 43.)

Where and how to file

The Department of Cultural Industry and Copyright (Ministry of Culture, Sports and Tourism) — new name from 30 September 2026; it has a representative office in the southern region.
Methods: in person, by post, or online via the Public Service Portal (Article 38 of Decree 17/2023, as amended).
Foreigners not permanently residing in Vietnam must file through a copyright/related-rights representative service organization in Vietnam (Decree 134/2026 amending Article 38(2)).

Processing timeline

Validity review: 22 working days from receipt of the dossier (previously one month) — Article 38(5) of Decree 17/2023, amended by Decree 116/2026 (effective 8 April 2026) and Decree 134/2026 (effective 9 April 2026).
Invalid dossier: the authority notifies; the filer has up to 01 month to amend/supplement (not counted in the processing time).
Valid dossier → Certificate issued within 15 working days (Article 39(3) of Decree 17/2023 — unamended).

Nominal total: about 22 + 15 = 37 working days if the dossier is valid from the start. Note: these are statutory time limits; actual processing may vary.

Business risks to note

Wrong agency name: since 30 September 2026, the “Copyright Office of Vietnam” has been renamed the “Department of Cultural Industry and Copyright” — using the old name in dossiers or correspondence may cause confusion.
Software created with AI assistance: must include the AI-use description/commitment appendix under Circular 08/2026 (new requirement from Decree 134/2026).
No specific fee amounts are stated in this article, as the current fee schedule has not been verified — check before filing.
After software assignment: a procedure to re-issue the Certificate is required (see the article on copyright assignment).

Frequently asked questions

Is unregistered software protected?
Yes. Copyright arises upon creation and fixation in a material form (Article 6(1)), independent of registration. Registration only creates an evidentiary advantage (Article 49(3)).

May I copy software for personal research?
No. Article 25(3) excludes computer programs from the “use without permission, without payment” exceptions.

Where do I file?
The Department of Cultural Industry and Copyright (in person, by post, or online). Foreigners not permanently residing in Vietnam must file through a representative service organization in Vietnam.

How long until the Certificate is issued?
Per regulations: 22 working days for review + 15 working days for issuance once the dossier is valid. Deficient dossiers get up to 01 month for supplementation.

Sources

Law on Intellectual Property — consolidated document 67/VBHN-VPQH (issued 23 March 2026, consolidating up to Law 131/2025/QH15, effective 1 April 2026): Articles 6(1), 14(1)(m), 22(1), 25(3), 27(2)(b), 49, 50; in force.
Decree 17/2023/ND-CP (26 April 2023): in force; amended by Decree 116/2026/ND-CP (effective 8 April 2026) and Decree 134/2026/ND-CP (effective 9 April 2026): Articles 38(5), 39(1), 39(3), 43(9).
Circular 08/2026/TT-BVHTTDL: Form No. 03 (declaration for computer programs).
Decision 2558/QD-BVHTTDL (30 September 2026): renaming the Copyright Office of Vietnam → Department of Cultural Industry and Copyright.

Need intellectual property advisory support in Vietnam? Reach FLAT Law Firm via the Contact page.

The information in this article is general reference only, based on the laws in force at the time of writing (14 October 2026), and is not legal advice for any specific matter.

Transparency note: This article was drafted by FLAT Law Firm’s AI content production system based on the cited legal instruments. It has not been reviewed by a human lawyer.