When Must You Seek Permission from a Copyright Collective Management Organization?

A café playing music, a restaurant with background music, a karaoke business, a hotel playing music in the lobby — when must you seek permission from a collective management organization (CMO), when do you only need to pay without seeking permission, and when do you need to do nothing? Vietnamese law draws these three regimes clearly — but they are easy to confuse. This article summarizes the rules under the Law on Intellectual Property (consolidated document 67/VBHN-VPQH, in force) and Decree 17/2023/ND-CP.

Short answer

General principle (Article 20(2)): exploiting or using economic rights requires the owner’s permission and royalty payment — except in the cases of Articles 25, 25a, 26, 32, and 33.
“Seeking permission from a CMO” — when? When the work/performance/recording you want to use has been entrusted in writing by the rights holder to a collective management organization — you then seek permission (and pay) to the organization instead of finding each author. The law does not impose a duty to “go through a CMO” — the duty is to seek permission from the rights owner.
“No permission needed, but payment required” (Articles 26(1)(b), 33(1)(b)): using commercially published phonograms/videograms in business or commercial activities → no permission needed but royalties must be paid; failure to pay within 90 days → use must stop (Article 34(4) of Decree 17/2023).
06 active organizations (as recorded to October 2026): VCPMC, RIAV, APPA, VLCC, VIETRRO, VAFC.

What is a collective management organization? (Article 56)

Under Article 56(1), a CMO for copyright/related rights is a voluntary, self-financing, not-for-profit organization established by agreement of authors/owners to perform entrusted copyright/related rights; it is under the state management of the Ministry of Culture, Sports and Tourism.

Under Article 56(2), the organization operates under the written authorization of authors/owners: managing rights; negotiating licenses and collecting/distributing royalties; protecting members’ lawful rights and interests; mediating disputes.

Under Article 56(3), the organization must be transparent; build an entrusted repertoire; develop royalty tariff schedules and payment methods for approval by the Minister of Culture, Sports and Tourism; collect and distribute per its charter and authorization documents; report annually/ad hoc; and cooperate internationally.

Distinguish from representative service organizations (Article 57): legal consultancy; filing copyright/related-rights registration applications as authorized; participating in other legal relations concerning copyright/related rights.

When is PERMISSION required?

Under Articles 20(2) (works), 30(2) (phonograms, videograms), 31(2) (broadcasts): organizations and individuals exploiting or using economic rights must obtain the owner’s permission and pay royalties, except in the exceptional cases.

When do you seek permission from a CMO instead of the owner directly? When the work/performance/phonogram, videogram/broadcast you want to exploit has been entrusted in writing by the rights holder to a collective management organization. Seeking permission from the organization then fulfills the duty to seek the owner’s permission — through the authorized channel.

Three points that must not be misstated:

The law does not impose an absolute statutory duty to “seek VCPMC’s permission” — the duty is to seek permission from the rights owner; the organization is only the channel when authorized.
The boundary between “seeking permission from the organization” and “seeking permission directly from the owner” depends on the scope of written authorization of each rights holder — not every musical work belongs to VCPMC.
Before signing a license with an organization, verify that the specific work falls within that organization’s entrusted repertoire.

When is permission NOT required but PAYMENT IS?

This is the most common real-world case — cafés, karaoke venues, restaurants, hotels:

Article 26(1)(b) (limitations on copyright): a work that the owner has permitted to be fixed on a phonogram/videogram published for commercial purposes, where an organization or individual uses that phonogram/videogram in business or commercial activities → no permission needed but royalties must be paid to the copyright owner as agreed from the time of use; if no agreement → per Government regulations.
Article 33(1)(b) (limitations on related rights): similarly for commercially published phonograms/videograms → no permission but payment required to performers, phonogram/videogram producers, and broadcasting organizations.
Not applicable to cinematographic works (Article 26(3)).

Business and commercial activities covered (Article 34 + Appendix II of Decree 17/2023)

Listed: restaurants, cafés, hotels, shops, supermarkets; amusement and entertainment areas, shopping malls; fitness clubs, health-beauty care establishments; karaoke businesses; bars, dance halls; airlines, public transport and similar activities.

The 90-day rule: failure to pay within 90 days from use → use must stop (Article 34(4) of Decree 17/2023).

The 06 collective management organizations operating in Vietnam (as recorded to October 2026)

According to records from the Intellectual Property Office of Vietnam (updated ~October 2026), 06 organizations are operating:

VCPMC — Vietnam Center for Protection of Music Copyright (under the Vietnam Musicians’ Association; CISAC member) — manages music copyright;
RIAV — Recording Industry Association of Vietnam — manages related rights of phonogram producers;
APPA — Association for Protection of the Rights of Vietnamese Music Performing Artists — performers’ rights;
VLCC — Vietnam Literary Copyright Center — literary works;
VIETRRO — Vietnam Reproduction Rights Organization — reproduction rights for publications;
VAFC — cinema and television.

For reference: in 2025, VCPMC collected over VND 424 billion in royalties (Tuoi Tre newspaper, January 2026) — showing the scale of this mechanism’s enforcement.

Royalty tariffs: two parallel mechanisms

Mechanism 1 — organization-built tariffs: each organization develops its tariff per the principles in Article 44a(3) (based on type, form, quality, quantity/frequency of exploitation; harmonizing interests of creators, exploiters, and the public; suited to socio-economic conditions), submitted to the Minister of Culture, Sports and Tourism for approval before application (Article 56(3)(c)); the Ministry reviews within 90 days (Article 47(1) of Decree 17/2023); an approved tariff applies for at least 3 years (Article 47(3)).
Mechanism 2 — Appendix II tariff of Decree 17/2023: applies when no agreement is reached — annual royalty = base salary × adjustment coefficient (coefficient by area/capacity; Hanoi and HCMC apply the price frame; urban categories I–V apply 80%–10%).

The two must not be confused: agreement per the organization’s approved tariff is the norm; Appendix II is the “safety net” when no agreement is reached. Exploiters and organizations must negotiate the amount and payment method (Article 46(3) of Decree 17/2023). Organizations distribute to rights holders no later than 6 months from collection (Article 48(2)).

Sanctions for failure to seek permission / pay

Infringement of economic rights (Article 28(2)) and failure to perform obligations under Articles 26/33 (Articles 28(3), 35(4)) → administrative sanctions under Decree 341/2025/ND-CP (26 December 2025, effective 15 February 2026 — replacing Decree 131/2013/ND-CP and related instruments): up to VND 250 million for individuals / VND 500 million for organizations, plus remedial measures; civil lawsuits for damages are also possible (Article 202 of the IP Law).

Common real-world cases

Music (VCPMC/RIAV/APPA): playing music in restaurants, cafés, hotels, shopping malls; karaoke businesses; events and festivals with music performances; radio and television broadcasting; music use on digital platforms/websites/apps.
Reproduction (VIETRRO): photocopying, printing, digitizing books/newspapers/documents for business or training.
Literature (VLCC): publishing and using literary works outside the exceptions.
Cinema, television (VAFC): screening and broadcasting cinematographic/television works.

Common basis: acts of “public performance”, “broadcasting, communication to the public”, and “reproduction” (Article 20(1)(b),(c),(e)) for commercial/business purposes.

Frequently asked questions

Does a café playing music need VCPMC’s permission?
It depends on whether the specific tracks fall within VCPMC’s entrusted repertoire. If the café uses commercially published phonograms in business activities → the no-permission-but-payment regime applies (Articles 26(1)(b), 33(1)(b)). Not every musical work belongs to VCPMC — the entrusted repertoire must be verified.

What if royalties are not paid?
Failure to pay within 90 days from use → use must stop (Article 34(4) of Decree 17/2023); administrative sanctions may follow under Decree 341/2025 (up to VND 250/500 million) plus civil lawsuits.

Does internal company-event music use (non-commercial) require payment?
It depends on whether the use falls within the exceptions (Articles 25, 25a, 32). Beyond the exceptions and for commercial purposes → the permission/payment duties above apply. Each situation needs case-by-case assessment.

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 20, 25, 25a, 26, 28, 30–33, 35, 44a, 56, 57, 202; 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): Article 34 + Appendix II, Articles 46(3), 47, 48.
Decree 341/2025/ND-CP (26 December 2025, effective 15 February 2026): administrative sanctions on copyright/related rights — replacing Decree 131/2013/ND-CP and related instruments.
List of 06 organizations: per records from the Intellectual Property Office of Vietnam (~October 2026) — re-check the Office’s website before concluding any specific transaction.

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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.