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Distinction between “Sound recordings” and “Musical works” from the perspective of intellectual property law

1. Muscial work   Musical work is a category of work protected by copyright under the prevailing intellectual property laws. Specifically, a musical work may be expressed in the form of musical notation in a score or other musical symbols, regardless of whether it has been performed or not. Accordingly, a musical work is protected from the moment it is fixed by the author in the form of a musical score, even though it has not yet been embodied in a sound recording or performed by an artist to form a complete song.   The subjects entitled to copyright protection in respect of a musical work include two (02) principal parties: (i) the author and (ii) the copyright owner. The author is the person who directly creates the work. The copyright owner is defined as the individual or organization that holds the copyright in the protected work, which may be the author himself/herself or another entity to whom the copyright has been assigned. The copy...
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Jurisdiction of people’s courts after administrative boundary mergers as of July 1, 2025

Effective July 1, 2025, Vietnam has implemented a policy to rearrange administrative units in accordance with Resolution No. 76/2025/UBTVQH15 dated April 14, 2025, issued by the Standing Committee of the National Assembly. This change in administrative boundaries serves as a significant milestone, marking a turning point in the jurisdiction of various State agencies and procedure-conducting agencies, most notably the People’s Courts at all levels. The dissolution of district-level administrative units has brought about major shifts in the jurisdiction of People’s Courts across Vietnam.   1. The system of People’s Courts following the merger of administrative units from July 1, 2025 On June 27, 2025, the Standing Committee of the National Assembly issued Resolution No. 81/2025/UBTVQH15, providing for the establishment of Provincial People’s Courts and Regional People’s Courts, as well as defining their respective territorial jurisdictions (“...
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Notes on using machinery and equipment as capital contribution to enterprises

Capital contribution means the investor’s contribution of assets to form the charter capital of a company, including contributions made for the establishment of a company or additional contributions to the charter capital of an already established company. Under the Law on Enterprises 2020, assets used for capital contribution may include Vietnamese Dong, freely convertible foreign currencies, gold, land use rights, intellectual property rights, technology, technical know-how, and other assets that can be valued in Vietnamese Dong.   In addition to the common method of capital contribution in cash, many investors currently use other types of assets as capital contributions. Among these, capital contribution in the form of machinery and equipment has become a method that is increasingly applied in practice. In light of this reality, this article sets out several notes for investors who intend to contribute capital to enterprises using machinery an...
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Structuring build-to-suit lease transaction in Viet Nam: Navigating legal-gaps and tax efficiency

In the current industrial real estate market in Vietnam, a “Build-to-Suit” model is becoming increasingly common. In this scenario, a manufacturing enterprise (the “ Tenant ”) requires a factory with specific technical specifications that standard ready-built factories cannot meet. To facilitate this, the Tenant often agrees to advance a substantial upfront sum to the Landlord to fund the construction. In exchange, the Tenant secures the right to lease the custom-built factory upon completion at a preferential rental rate.   While this model offers clear commercial synergies, providing necessary capital to the Landlord and a tailored operational base to the Tenant, it introduces a complex web of legal and tax considerations. The recent entry into force of the Law on Real Estate Business 2023 has significantly altered the regulatory landscape, creating ambiguity regarding the lease of assets formed in the future. Furt...
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Acceptance of completed construction works upon repair and renovation: Obligations of project owners and common legal risks

In practice, when engaging contractors to carry out repair and renovation works, many project owners tend to assume that the legal responsibilities related to the acceptance of completed works primarily rest with the contractors. However, under Vietnamese construction laws, the project owner remains the principal party responsible for organizing the acceptance of completed works, preparing the completion dossier, and carrying out the relevant procedures before the project is put into operation and use. Within the scope of this article, the author analyzes the obligations and key legal issues that project owners should pay particular attention to in relation to the acceptance of completed construction works when hiring contractors for repair and renovation activities.   1. Organization of acceptance   1.1 Responsibility for organizing acceptance   Regardless of whether the project owner engages a contractor to carry out the construction works,  the proj...
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Requirements for grant of approval for a cosmetic advertisement content

In recent times, the Government has intensified its efforts to inspect, monitor, and strictly sanction enterprises engaged in trading counterfeit goods, substandard products, or goods of unclear origin. This inspection campaign has also expanded to the field of advertising, particularly regarding false or misleading advertisements for cosmetic products – an area in which numerous businesses have already been inspected and penalized.     A notable example is the case involving Mailisa Company. According to reports from the press, several cosmetic products under the brand names ‘DOCTOR MAGIC’, ‘MAIKA BEAUTY’, and ‘MK’, manufactured or imported by MK Skincare Import–Export Trading and Manufacturing Co., Ltd. (Address: K31, Thoi An Residential Area, Le Thi Rieng Street, Thoi An Ward, Ho Chi Minh City; Enterprise No. 0314633814) – the organization responsible for placing these cosmetic products on the market – were f...
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