The Conference is held in a combined online format. Attending the Conference was the direct presence of representatives of 40 agencies and units, including ministries, state management advisory units, and public service units under the Ministry of Culture, Sports and Tourism, Tourism, Departments of Culture, Sports and Tourism or Departments of Culture and Sports of local, related societies and associations and 62 local bridge points, representing the Departments of Culture, Sports and Tourism or Department of Culture and Sports of local, local public service units, representatives of the Department of Finance, representatives of local literary and art societies and associations.

Addressing at the opening of the Conference, Deputy Minister of Culture, Sports and Tourism Doan Van Viet acknowledged: Implementing Resolution No. 23-NQ/TW dated June 16, 2008 of the Politburo  about “on receiving continue to build and develop literature and art in the new era“, the Government issued Decree No. 21/2015/ND-CP dated February 14, 2015 regulating royalties and remunerations for works of cinematographic works, fine arts works, photographic works, dramatic works and other performing arts. The implementation of Decree No. 21/2015/ND-CP over the past 8 years has created favorable conditions for agencies and units using state budget in developing estimates, payments and finalize annual royalties and remuneration costs; contribute to promoting and encouraging creative activities and disseminating literary, artistic and scientific values, serving the country’s economic, cultural and social development and the enjoyment needs of the public.

Besides the positive aspects that have been achieved in recent times, Decree No. 21/2015/ND-CP has also revealed shortcomings and limitations that need to be researched and evaluated so that they can be promptly amended and supplemented. At the same time, first of all ensuring consistency and compliance with the Law amending and supplementing a number of articles of the Intellectual Property Law in 2022 and Decree No. 17/2023/ND-CP detailing a number of articles and implementation measures of the Intellectual Property Law on copyright and related rights; the second is to respond to the changes and developments in the practice of literary and artistic creative activities in recent years, in order to fully cover the genres, forms of works, creative titles, and encourage socialization of creative activities.

Presenting the Draft Report on summarizing the implementation of Decree No. 21/2015/ND-CP, Mr. Le Minh Tuan – Deputy Director General of the Copyright Office clearly stated the results achieved in the implementation of the Decree recently in the activities of directing, thoroughly understanding, propagating, disseminating and organizing the enforcement of regulations for 03 main groups: cinematographic works, fine arts and photographic works, dramatic works and other performing arts forms. Then, frankly reflecting the remaining aspects and limitations, point out the causes and propose solutions to overcome both on institutional improvement and improving the effectiveness of organizing the implementation of regulations. The draft report was compiled by the Copyright Office as the focal point of relevant ministries, branches, localities and public service units operating in the field of art, who directly apply the provisions of Decree No. 21/2015/ND-CP, along with the summary and assessment of the Copyright Office in the practical process of implementing the Decree.

The conference heard reports, speech and opinions exchanged both in person and online from delegates representing in many fields of management and enforcement on royalties and remunerations for cinematographic works, fine arts works, photographic works and other forms of performing arts at central and local levels.

Delegates also pointed out some difficulties and obstacles in the process of implementing Decree No. 21/2015/ND-CP: Decree No. 21/2015/ND-CP still does not fully cover all typies and forms of works, especially new appeared typies and forms so it is difficult to apply royalties to participants in the creation of these typies and forms of works. For photographic works, the Decree did not regulate royalties in the case of using photographic works as derivative works. For dramatic works and other forms of performing arts, some genres such as short films, skits under 20 minutes, propaganda clips, musical films…; Tableaus, Singing Scenes, Mash Ups… have not been regulated in the Decree. Regarding the framework of royalties and remuneration for creative positions and the payment ratio between positions, some contents cannot be applied appropriately, for example in the field of cinema, the actual payment level may depend on the artist’s name, professional reputation and seniority in artistic creative activities. There is still no mechanism for units to apply flexibly in accordance with local budgets or the scale and nature of the performance, etc.

After 8 years of implementation, amending and supplementing legal regulations on royalties and remunerations in Decree No. 21/2015/ND-CP is necessary to suit reality and ensure consistency, synchronization of the legal system in the context of newly issued documents.

The process of researching on amendments and supplements to Decree No. 21/2015/ND-CP requires carefully study of the state budget contents to ensure appropriate, complete and legal allocation of state budget funds, ensuring harmony between royalty and remuneration policies with development practices and state budget funding among regions and localities. At the same time, continuing to research and propose to improve policies to encourage writers, artists, and art creators to create many good quality works to serve the public in order to build and develop culture and peopleo of Vietnam, meeting the country’s sustainable development requirements; Encouraging the creation and dissemination of traditional art forms, thereby promoting the active participation of artists in creative work, contributing to preserving the good values of traditional culture; contributing to building and developing Vietnam’s cultural industries.

Addressing at the conclusion of the Conference, Mr. Tran Hoang – Director General of the Copyright Office, authorized by the Leaders of the Ministry of Culture, Sports and Tourism, noted the opinions and statements at the Conference on public management and enforcement related to Decree No. 21/2015/ND-CP at agencies and units. The Copyright Office will continue to closely coordinate with relevant agencies and units to research and acquire information to complete the Draft Report summarizing the implementation of Decree No. 21/2015/ND-CP, and advise the Ministry in order to submit to the Government in accordance with regulations of laws. At the same time, researching to draft amendment and supplement Decree No. 21/2015/ND-CP, focusing on solving the following issues: most consistent with the provisions of the Intellectual Property Law (amended and supplemented in 2022) and Decree No. 17/2023/ND-CP; Review regulations on genre, type, scale of works, creative components for works of cinema, fine arts, photography, drama and other types of performing arts; The allocation of budget funds to pay royalties and remunerations; Expand and reasonably divide specific royalties and remunerations levels and frameworks; Policies to encourage writers, artists, and artistic creators./.