According to the Ministry of Information and Communications (MIC), after more than 10 years of application, Decree 18/2014 has revealed many shortcomings in the management of remuneration related to creative and publishing activities.

One of the major limitations is that this Decree does not fully mention related subjects (indirectly) participating in the production of press works, such as technical and administrative staff, causing them to not receive remuneration even though they participate in the publication and distribution process.

In addition, regulations on remuneration among print, electronic, radio and television newspapers are not uniform, causing difficulties in implementation.

In addition, some press genres are not yet regulated as subjects eligible for royalties and remuneration in Decree No. 18/2014. Therefore, press agencies have no basis to calculate royalties and remuneration for these works.

In fact, with the development of technology and digital platforms, journalistic works have expanded in both expression and readership. However, the current decree does not have a mechanism for calculating royalties for works published on digital platforms, despite their large spread. This leads to press agencies having to pay production costs without being able to calculate reasonable remuneration for the works.

In the publishing sector, the lack of specific regulations on how to calculate royalties for publishing electronic publications also creates a legal gap, making it difficult for publishers to pay royalties to authors.

At the same time, the mechanism for the Royalties Fund is also unclear, especially in accounting for service revenue sources, affecting tax policy and financial efficiency.

Regulations on allocating the Royalties Fund from the State budget are no longer consistent with the 2015 Budget Law, leading to the need to abolish all regulations on the Royalties Fund in press activities.

Furthermore, Decree No. 18/2014/ND-CP does not clearly distinguish the mechanism for paying royalties for works created from different financial sources. This is contrary to the provisions of Decree No. 21/2015/ND-CP dated February 14, 2015, which clearly stipulates that the subjects of regulation are organizations and individuals who create, exploit and use works using funds from the state budget or organizations and individuals who exploit and use works whose copyright owner is the State.

Therefore, the Ministry of Information and Communications recognizes the need to develop a new decree with specific regulations on royalties, remuneration and copyright fees, ensuring consistency and suitability with current development realities.

The new Decree will replace Decree No. 18/2014/ND-CP, with the aim of resolving shortcomings and promoting copyright exploitation in the fields of journalism and publishing, especially for works using state budget funds.

The new draft decree consists of 4 chapters and 12 articles, 1 chapter and 4 articles less than the current decree.

The draft content complies with the Law on Intellectual Property and current legal regulations, while overcoming shortcomings in the calculation of royalties and remuneration for press works and publications on digital platforms. Replacing inappropriate regulations with regulations on royalties, this draft decree aims to ensure consistency with the law on the State budget, the autonomous financial mechanism of public service units, and create conditions for the sustainable development of the press and publishing industry in the digital age.

HA