Template talk:PD-Vietnam

Add to template

As Intellectual Property Law of Socialist Republic of Vietnam[1],

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Article 15. Subject matter excluded from copyrights protection 1. Information just for the purposes of communication; 2. Legal normative documents, administrative documents, other documents in the judicial sector and the official translation thereof. 3. Processes, systems, method of operation, definitions, principles and statistics.

”

Can you add this to this template? Vinhtantran (talk) 15:45, 12 June 2008 (UTC)

No, since this passage doesn't include photographs or any media created by the Government of Vietnam. User:Zscout370 ^{(Return fire)} 17:05, 12 June 2008 (UTC)

But the administrative documents sometimes include photos, such as, official communique of Government about the new cabinet (including photos), or Communist Party's commnunique. I think it suits this Article. Vinhtantran (talk) 13:24, 13 June 2008 (UTC)

Nope; it must say photographs or the websites run by the Government must mention photographs when declaring them in public domain. User:Zscout370 ^{(Return fire)} 05:19, 14 June 2008 (UTC)

Template:PD-VietnamGov was created. User:Zscout370 ^{(Return fire)} 06:35, 6 September 2010 (UTC)

Change

I have changed the template to reflect the law, which makes no distinction for photographs and covers all works for fifty years pma, see Article 766.     Jim . . . . Jameslwoodward (talk to me) 16:04, 28 January 2011 (UTC)

Some works whose copyright was previously held by South Vietnam

A question at en:Wikipedia:Media copyright questions#Vietnam military awards manual brought forward an interesting point. The modern-day country of Vietnam (officially the Socialist Republic of Vietnam) is the successor state of "South Vietnam" (officially the Republic of Vietnam) when the later fell in 1975, and it inherited all copyrights held by the South Vietnamese government. According to Article 749.1 of Vietnam's current copyright law,

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The State shall not protect the copyright of works of the following kinds: a. Works which are against the State of Vietnam and which are detrimental to national unity; b. Works which constitute propaganda that encourages violence, aggressive wars, or which provoke hatred among nations and peoples, or which spread reactionary ideologies and cultures, obscene life-styles, crime, social evils, or superstitions that damage good social morals and fine customs

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Now the bit about "obscene life-styles" and "social evils" is rather vague, and probably not useful to us. But by any definition, a work by the South Vietnamese government that honors South Vietnamese fighters (e.g. this book) would have to count as one of the works not protected by copyright in Vietnam. Can this template be modified to reflect this? – Quadell (talk) 18:08, 1 August 2013 (UTC)

Is it correct that the SRV inherited the copyright of RoV government documents? Also, adding (c) and (d) of 749.1, the latter of which I think is also relevant to this particular book:

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c. Works which disclose Party, State, Army, national security, economic or diplomatic secrets, as well as confidential information concerning individual privacy and other secrets as per the law; d. Works which falsify history, deny revolutionary achievements, defame national heroes and great persons, or slander or damage the reputation of organisations or the dignity and honour of individuals.

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—[AlanM1(talk)]— 19:58, 2 August 2013 (UTC)

Okay, I'll give a concrete suggestion, and if there are no objections I will implement. I think the text should read as follows:

“

This work is in the public domain in Vietnam for one of the following reasons: It is a photograph first published before 1960. (See the 2009 amendment to Vietnam's 2005 intellectual property laws.) It is a non-photographic work, and the creator died more than 50 years ago. (See the above 2005 law.) It is a work that the Socialist Republic of Vietnam deems detrimental to national unity; propaganda that encourages violence, aggressive wars, or hatred; or a work which falsifies history, denies revolutionary achievements, defames national heroes and great persons, or slanders or damages the reputation of organisations or the dignity and honour of individuals. (See Vietnam's civil code on copyright.)

”

Are there any objections or suggested improvements? – Quadell (talk) 11:51, 5 August 2013 (UTC)

Minor bits:

• Change the first line of the third bullet to "It is a work that is against the State and detrimental to national unity;" This is a fine, but important point about the way the law is worded, that would allow anyone (not just the State) to claim the work is detrimental (i.e. it is against the State) as opposed to what the State would deem to be detrimental. That is, the law doesn't give them a choice in deciding what is detrimental – that would be up to a court to decide as a matter of fact.
• I suggest adding the article number by changing the last line to "See Article 749.1 of ...".

—[AlanM1(talk)]— 14:46, 5 August 2013 (UTC)

Good points. – Quadell (talk) 18:30, 5 August 2013 (UTC)

I have made the changes to the template, as suggested here. – Quadell (talk) 11:57, 14 August 2013 (UTC)

Update of template to match Commons:Copyright rules by territory/Vietnam

See Commons_talk:Copyright_rules_by_territory/Vietnam#Old_photographs. The template seems to be wrong. Feel free to comment at the link mentioned. --MGA73 (talk) 07:17, 12 September 2020 (UTC)