Protection of performers' rights under Vietnamese intellectual property law

affecting the reputation and honor of performers, further promoting the artistic creativity of performers to create many high-quality artistic performances to serve the public.

- Second, recommendations on increasing the level of administrative penalties for violations of performers' rights . Currently, administrative penalties for violations in the field of copyright and related rights are implemented according to Decree No. 131/2013/ND-CP dated October 16, 2013 of the Government stipulating administrative penalties for violations of copyright and related rights. However, according to the provisions of this Decree, the highest penalty for violations of performers' rights is VND 40,000,000, stipulated in Article 25 for violations of the right to broadcast or otherwise transmit to the public an unformed performance. It is thought that this penalty is not enough of a deterrent because compared to the profits that violators of performers' rights gain, such a penalty is too light. Therefore, it is necessary to study and adjust the way to calculate higher and more severe penalties for violations so that the minimum penalty must be higher than the determined profit caused by the violation.

- Third, the author would like to make a recommendation on the establishment of an organization to collectively manage the rights of performers . The rights of performers can be exercised directly by each artist, but an individual, especially in the digital environment, can hardly control and manage the entire exploitation and use of their performances and recordings. Therefore, the establishment of a professional organization or association responsible for collectively managing the rights of performers contributes to enhancing the effectiveness of the protection of this type of right. Given the current situation, performers in Vietnam can be employees of the state, employees of

A non-state enterprise or a freelance worker must establish a collective management organization for performers' rights, which can represent and manage the rights of performers from all economic sectors and performing activities in all fields.

- Some other recommendations

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+ In order for disputes over the rights of performers to be resolved quickly, effectively and fairly in the Court, one of the recommendations that the author makes is to continuously improve the professional qualifications of officials and judges in the direction of specializing in intellectual property. Currently, the majority of officials and judges of the Courts still lack in-depth knowledge of intellectual property, very few officials and judges are trained in intellectual property. Therefore, it is necessary to focus on building systematic training goals and programs to train and foster in-depth professional knowledge of intellectual property for the current team of officials and judges in the Courts, moving towards a model of having judges specializing in adjudicating disputes over intellectual property rights. It is necessary to focus on specialized training combined with organizing many domestic and international seminars on intellectual property and deploying these tasks widely so that a large number of officials and judges can access them. The Supreme People's Court also needs to regularly summarize practical work and the trial of intellectual property dispute cases, on that basis, organize experience in resolving intellectual property dispute cases to disseminate to People's Courts at all levels.

+ In addition, continuing to strengthen cooperation and implementing multilateral and bilateral international treaties on copyright and related rights currently in effect in Vietnam is also an issue that needs attention. We must protect the legitimate rights of Vietnamese citizens and legal entities, ensuring that the public can enjoy literary, artistic and scientific values.

advanced countries in the world, contributing to meeting the requirements of economic, cultural and social development of the country. On the other hand, we must also gradually fulfill our legal obligations to other countries, expand international relations through transactions on the use of works, performances, recordings, videos, and broadcasts with organizations and legal entities of countries around the world.

In line with the international integration policy, we will continue to proactively participate in negotiating bilateral and multilateral agreements on economics, investment, trade, and services, including those related to intellectual property in general and copyright and related rights in particular. As a developing country, we must take advantage of the experience of countries with developed copyright industries and proactively create opportunities to receive cooperation and support from international organizations and countries.

+ For competent authorities from central to local levels, it is necessary to strengthen inspection and strictly handle all violations, especially copyright infringement on the internet, in the digital environment, in the field of publishing, for computer programs, audio and video recordings and the transmission and reception of satellite signals carrying encrypted programs. The situation of all types of works from writing, sculpture, painting, theater, music, radio and television programs to intellectual games, audio and video recordings, broadcast programs... being illegally transmitted on the internet, at many different addresses and domain names, must be inspected and strictly handled according to the provisions of law. Therefore, law enforcement agencies need to select a number of cases of serious infringement of copyright and related rights to bring to trial as in key cases in order to educate and deter.

In order for competent agencies and organizations to be able to fulfill their management and enforcement tasks, ministries, branches and localities need to pay attention to supplementing

human resources for managing and enforcing copyright and related rights as well as equipment and other related material conditions. Although there are still many difficulties and challenges, with solidarity and creativity, we will continue to effectively carry out the protection of copyright and related rights in the country and in the integration years to come.

CONCLUDE

In the era of rapid development of the recording industry, the film industry and especially recently the Internet, the illegal copying and distribution of copies of performances to the public has become popular. This affects the exploitation of the rights of performers, affecting the economic interests of performers. On the other hand, acts of infringement of the rights of performers also have a negative impact on the encouragement of investment and creativity for performers. Therefore, the issue of protecting the rights of performers is extremely necessary and important. The provisions on related rights in general and the rights of performers in particular in the system of legal documents on intellectual property in Vietnam have basically met the requirements for protection of rights holders. However, besides the reasonable points, some provisions of intellectual property law still have shortcomings as analyzed in chapter 3 of the thesis. Therefore, in order to protect the rights of performers more effectively in practice, it is necessary to study and amend inappropriate provisions of current laws.

With the above meaning, within the scope of this thesis, the author first of all wishes to provide a comprehensive view of the provisions of Vietnamese law in protecting the rights of performers. Thereby analyzing the basic legal contents to see the advantages and limitations of some provisions. From there, make some important recommendations such as recommendations on the protection period of performers' rights, recommendations on increasing the level of administrative penalties for violations of performers' rights and recommendations on establishing a collective management organization for performers' rights. In the author's personal opinion, making these recommendations aims to further improve the legal provisions on protecting performers' rights under the current Intellectual Property Law in Vietnam.

REFERENCES

1. Government (2006), Decree 100/2006/ND-CP dated September 21, 2006 detailing and guiding the implementation of a number of articles of the Civil Code and the Law on Intellectual Property on copyright and related rights , Hanoi.

2. Government (2006), Decree 105/2006/ND-CP dated September 22, 2006 detailing and guiding the implementation of a number of articles of the Law on Intellectual Property on the protection of intellectual property rights and state management of intellectual property , Hanoi.

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