MEMBERSHIP REGISTRATION GUIDE
Membership Registration Guide
Below are the conditions and procedures for registering as a new member of the association. Please read all the contents carefully before proceeding with the registration.
Membership Registration Conditions
Article 1. Purpose
This Agreement sets forth the scope, rights, and obligations regarding the entrustment of rights to manage, protect, and exploit the copyrighted works of musical performers.
Article 2. Scope and Subject Matter
The Entrustor shall entrust to the Entrustee all currently held rights (including any accounts receivable arising from prior rights before the date of signing this Entrustment Agreement (hereinafter referred to as this “Agreement”) and any rights that may be acquired in the future (hereinafter referred to as “Entrusted Rights”), in accordance with the terms and conditions of this Agreement. The Entrustee shall manage these rights on behalf of the Entrustor and distribute any royalties or proceeds collected from such management activities to the Entrustor. Both parties shall execute this Agreement through operations on the system. The Entrustor may designate a third party as the beneficiary of the distributed benefits, provided that such designation is registered with and approved by the Entrustee. The Entrustee may, on behalf of the Entrustor, notify debtors of any assignment of accounts receivable that arose prior to the Entrustor’s execution of this Agreement, provided that the Entrustor provides sufficient documentation to prove that the collection is reasonable. The Entrustor shall entrust the Entrustee with the rights to commercial exploitation and use of the entrusted works under this Agreement. The specific details of this content shall be negotiated and agreed upon by the parties in a separate agreement, provided that the Entrustee is granted the right of first refusal to exploit and use the entrusted works.
Article 3. Method of Entrustment
The act of the Entrustor performing the confirmation/agreement operation on the Entrustee’s electronic system shall be considered an electronic signature, having legal validity equivalent to a handwritten signature in accordance with the Law on Electronic Transactions and relevant legislation. Electronic data recorded by the Entrustee’s system, including but not limited to the time of confirmation, IP address, and login account, shall be considered valid evidence in the event of dispute resolution. The Parties agree that this Agreement does not require the execution of an additional hard-copy contract, unless otherwise mandated by law. The Entrustor confirms that they possess full legal capacity, civil act capacity, and the lawful right to dispose of the rights entrusted under this Agreement.
Article 4. Guarantee of Rights
The Entrustor guarantees to the Entrustee that the rights entrusted to the Entrustee are lawful or have been legally inherited from the performer. The Entrustor is responsible for immediately providing relevant documents to prove the Entrusted Rights upon the Entrustee's request. The provision of such documents shall directly determine the execution of this Agreement.
Article 5. Entrusted Rights
The Entrustee shall manage the following Entrusted Rights on behalf of the Entrustor:
The performer’s right of reproduction; The performer’s right of rental; The performer’s right of broadcasting; The performer’s right of transmission and communication to the public; Other management scopes as prescribed by current law.
Article 6. Entrusted Works
The Entrustee shall manage the entrusted works according to the terms and conditions agreed upon by both Parties in this Agreement and its accompanying appendices. Entrusted works are those registered by the Entrustor and approved on the Entrustee’s homepage/portal.
Article 7. Scope of Jurisdiction
The Entrustee shall perform the management of entrusted rights in accordance with the laws of Vietnam and within the scope of functions and duties permitted by competent state authorities, in the following territories: Vietnam Overseas (Foreign territories) To manage entrusted rights in overseas territories, the Entrustee may sub-authorize the management to a foreign collective management organization (CMO) or another party capable of performing tasks related to the Entrustee’s rights in that respective country.
Article 8. Management of Royalties
The Entrustee must comply with the Charter and these Terms and Conditions, and manage royalties in accordance with relevant regulations, including the Royalty Distribution Regulations.
Article 9. Collection and Distribution of Royalties
The Entrustee shall grant licenses to use performance rights within the territories and scope implemented by the Entrustee under this Agreement. Royalties collected from the activities mentioned in Clause 1 shall be distributed to the Entrustor in accordance with the Performance Royalty Distribution Regulations. If, after 05 (five) years from the announcement of the royalty distribution, the distribution cannot be carried out for any of the following reasons, the Entrustee may—pursuant to a resolution of its Board of Directors—utilize such royalties for projects aimed at promoting rights and enhancing the status of all performers: If the cumulative distribution amount for the recipient over the past 05 years is less than 100,000 VND (One hundred thousand Vietnamese Dong); If the recipient’s identity or whereabouts are unknown; If the recipient refuses to accept the payment.
Article 10. Calculation Methods and Timing of Royalty Distribution
The calculation methods and the timing of royalty distribution shall be stipulated in the Royalty Distribution Regulations.
Article 11. Reservation of Licensing Rights and Royalty Distribution
The Entrustee may reserve the right to license and distribute royalties for relevant activities in the following cases:
When a civil or criminal dispute arises concerning the ownership of the Entrusted Rights. When the Entrusted Rights reported by the Entrustor differ from the Entrustee's records/data.
Article 12. Collection of Management Fees
The Entrustee may collect fees for managing the Entrusted Rights. The Entrustee may deduct an amount equivalent to the management fee from the royalties in advance to cover necessary expenses incurred in performing its duties.
Article 13. Fees Related to Rights Management
The Entrustor shall be responsible for the following fees if the Entrustee registers related rights with competent authorities on the Entrustor's behalf:
Taxes levied on the Entrusted Rights; Litigation costs arising in connection with the allocation of Entrusted Rights.
Article 14. Reporting Obligations of the Entrustor
Should any of the following circumstances occur, the Entrustor must immediately report to the Entrustee and follow the prescribed procedures: If the performance is identified by a tangible medium; If reasons restricting the disposal of Entrusted Rights arise or cease to exist; If the entrustment documents are lost; If the Entrustor's representative, authorized person, or substitute beneficiary changes; If there is a change in name, pseudonym, beneficiary, remittance address, or other contact information. If any circumstances arise during the entrustment period that hinder the exercise of the Entrusted Rights, the Entrustor must notify the Entrustee in advance. The Entrustor shall be liable for all damages arising from the failure to fulfill the obligations set forth in Clause 1 and Clause 2.
Article 15. Prohibition of Transfer and Pledge of Entrusted Rights
The Entrustor shall not transfer or pledge the Entrusted Rights without the prior consent of the Entrustee.
Article 16. Succession of the Entrustment Agreement
If an individual Entrustor passes away or a corporate Entrustor merges, the heir or the successor company to the relevant entrusted rights may succeed to the rights and obligations of the Entrustor under this Agreement. In such event, the heir or successor company must promptly report the succession to the Entrustee. If there are multiple heirs as provided in Clause 1, one of them must be designated as the representative to submit the report.
Article 17. Notification to the Entrustor
The Entrustee shall notify the Entrustor regarding remittances and other necessary matters at the address declared by the Entrustor. However, if the Entrustor resides abroad, the address of their domestic representative shall be used.
Article 18. Term of Agreement and Automatic Renewal
The term of this Entrustment Agreement is five (05) years from the date of execution. Unless the Entrustor expresses a contrary intention prior to the expiration of the term, the Agreement shall be automatically renewed for successive five (05) year periods.
Article 19. Termination of the Entrustment Agreement
The Entrustee may terminate the Entrustment Agreement if all rights of the Entrustor have expired, such as upon the expiration of the protection term. During the term of the Agreement, the Entrustor may, through consultation with the Entrustee, terminate the Agreement in whole or in part. However, such termination shall not affect any usage licenses granted prior to the termination of the Agreement.
Article 20. Right to Legal Action
The Entrustee may initiate civil or criminal legal proceedings if a user illegitimately exploits the Entrustor's rights regarding the management of Entrusted Rights, usage fees, etc., resulting in an infringement. If the Entrustee initiates civil or criminal proceedings under Clause 1, the Entrustee must notify the Entrustor within 30 days.
Article 21. Notification of Changes
If the Entrustee amends these Terms and Conditions or the Royalty Distribution Regulations, the Entrustee must immediately notify the Entrustor and publish such changes in the Entrustee's newsletter/bulletin. An Entrustor who objects to the changes mentioned in Clause 1 may terminate the Entrustment Agreement in writing within three (03) months from the date of notification. If the Entrustor does not exercise the right to terminate within this period, they shall be deemed to have accepted the changes.
Article 22. Liability for Damages due to Breach of Contract
If either the Entrustor or the Entrustee breaches these Terms and Conditions and causes damage to the other party, that party must compensate for such damage. The Entrustee may deduct any damages arising under Clause 1 from the fees collected through the management of the Entrusted Rights.
Article 23. Amendment of the Terms and Conditions
Any amendments to these Terms and Conditions must be approved by a written agreement between the Parties.
Article 24. Jurisdiction and Governing Law
The court with jurisdiction over lawsuits related to the contract signed under these Terms and Conditions shall be the competent court at the location of the Entrustee’s headquarters. This Agreement shall be governed by and construed in accordance with the laws of Vietnam, particularly the Law on Intellectual Property and the Law on Electronic Transactions.
This Agreement sets forth the scope, rights, and obligations regarding the entrustment of rights to manage, protect, and exploit the copyrighted works of musical performers.
Article 2. Scope and Subject Matter
The Entrustor shall entrust to the Entrustee all currently held rights (including any accounts receivable arising from prior rights before the date of signing this Entrustment Agreement (hereinafter referred to as this “Agreement”) and any rights that may be acquired in the future (hereinafter referred to as “Entrusted Rights”), in accordance with the terms and conditions of this Agreement. The Entrustee shall manage these rights on behalf of the Entrustor and distribute any royalties or proceeds collected from such management activities to the Entrustor. Both parties shall execute this Agreement through operations on the system. The Entrustor may designate a third party as the beneficiary of the distributed benefits, provided that such designation is registered with and approved by the Entrustee. The Entrustee may, on behalf of the Entrustor, notify debtors of any assignment of accounts receivable that arose prior to the Entrustor’s execution of this Agreement, provided that the Entrustor provides sufficient documentation to prove that the collection is reasonable. The Entrustor shall entrust the Entrustee with the rights to commercial exploitation and use of the entrusted works under this Agreement. The specific details of this content shall be negotiated and agreed upon by the parties in a separate agreement, provided that the Entrustee is granted the right of first refusal to exploit and use the entrusted works.
Article 3. Method of Entrustment
The act of the Entrustor performing the confirmation/agreement operation on the Entrustee’s electronic system shall be considered an electronic signature, having legal validity equivalent to a handwritten signature in accordance with the Law on Electronic Transactions and relevant legislation. Electronic data recorded by the Entrustee’s system, including but not limited to the time of confirmation, IP address, and login account, shall be considered valid evidence in the event of dispute resolution. The Parties agree that this Agreement does not require the execution of an additional hard-copy contract, unless otherwise mandated by law. The Entrustor confirms that they possess full legal capacity, civil act capacity, and the lawful right to dispose of the rights entrusted under this Agreement.
Article 4. Guarantee of Rights
The Entrustor guarantees to the Entrustee that the rights entrusted to the Entrustee are lawful or have been legally inherited from the performer. The Entrustor is responsible for immediately providing relevant documents to prove the Entrusted Rights upon the Entrustee's request. The provision of such documents shall directly determine the execution of this Agreement.
Article 5. Entrusted Rights
The Entrustee shall manage the following Entrusted Rights on behalf of the Entrustor:
The performer’s right of reproduction; The performer’s right of rental; The performer’s right of broadcasting; The performer’s right of transmission and communication to the public; Other management scopes as prescribed by current law.
Article 6. Entrusted Works
The Entrustee shall manage the entrusted works according to the terms and conditions agreed upon by both Parties in this Agreement and its accompanying appendices. Entrusted works are those registered by the Entrustor and approved on the Entrustee’s homepage/portal.
Article 7. Scope of Jurisdiction
The Entrustee shall perform the management of entrusted rights in accordance with the laws of Vietnam and within the scope of functions and duties permitted by competent state authorities, in the following territories: Vietnam Overseas (Foreign territories) To manage entrusted rights in overseas territories, the Entrustee may sub-authorize the management to a foreign collective management organization (CMO) or another party capable of performing tasks related to the Entrustee’s rights in that respective country.
Article 8. Management of Royalties
The Entrustee must comply with the Charter and these Terms and Conditions, and manage royalties in accordance with relevant regulations, including the Royalty Distribution Regulations.
Article 9. Collection and Distribution of Royalties
The Entrustee shall grant licenses to use performance rights within the territories and scope implemented by the Entrustee under this Agreement. Royalties collected from the activities mentioned in Clause 1 shall be distributed to the Entrustor in accordance with the Performance Royalty Distribution Regulations. If, after 05 (five) years from the announcement of the royalty distribution, the distribution cannot be carried out for any of the following reasons, the Entrustee may—pursuant to a resolution of its Board of Directors—utilize such royalties for projects aimed at promoting rights and enhancing the status of all performers: If the cumulative distribution amount for the recipient over the past 05 years is less than 100,000 VND (One hundred thousand Vietnamese Dong); If the recipient’s identity or whereabouts are unknown; If the recipient refuses to accept the payment.
Article 10. Calculation Methods and Timing of Royalty Distribution
The calculation methods and the timing of royalty distribution shall be stipulated in the Royalty Distribution Regulations.
Article 11. Reservation of Licensing Rights and Royalty Distribution
The Entrustee may reserve the right to license and distribute royalties for relevant activities in the following cases:
When a civil or criminal dispute arises concerning the ownership of the Entrusted Rights. When the Entrusted Rights reported by the Entrustor differ from the Entrustee's records/data.
Article 12. Collection of Management Fees
The Entrustee may collect fees for managing the Entrusted Rights. The Entrustee may deduct an amount equivalent to the management fee from the royalties in advance to cover necessary expenses incurred in performing its duties.
Article 13. Fees Related to Rights Management
The Entrustor shall be responsible for the following fees if the Entrustee registers related rights with competent authorities on the Entrustor's behalf:
Taxes levied on the Entrusted Rights; Litigation costs arising in connection with the allocation of Entrusted Rights.
Article 14. Reporting Obligations of the Entrustor
Should any of the following circumstances occur, the Entrustor must immediately report to the Entrustee and follow the prescribed procedures: If the performance is identified by a tangible medium; If reasons restricting the disposal of Entrusted Rights arise or cease to exist; If the entrustment documents are lost; If the Entrustor's representative, authorized person, or substitute beneficiary changes; If there is a change in name, pseudonym, beneficiary, remittance address, or other contact information. If any circumstances arise during the entrustment period that hinder the exercise of the Entrusted Rights, the Entrustor must notify the Entrustee in advance. The Entrustor shall be liable for all damages arising from the failure to fulfill the obligations set forth in Clause 1 and Clause 2.
Article 15. Prohibition of Transfer and Pledge of Entrusted Rights
The Entrustor shall not transfer or pledge the Entrusted Rights without the prior consent of the Entrustee.
Article 16. Succession of the Entrustment Agreement
If an individual Entrustor passes away or a corporate Entrustor merges, the heir or the successor company to the relevant entrusted rights may succeed to the rights and obligations of the Entrustor under this Agreement. In such event, the heir or successor company must promptly report the succession to the Entrustee. If there are multiple heirs as provided in Clause 1, one of them must be designated as the representative to submit the report.
Article 17. Notification to the Entrustor
The Entrustee shall notify the Entrustor regarding remittances and other necessary matters at the address declared by the Entrustor. However, if the Entrustor resides abroad, the address of their domestic representative shall be used.
Article 18. Term of Agreement and Automatic Renewal
The term of this Entrustment Agreement is five (05) years from the date of execution. Unless the Entrustor expresses a contrary intention prior to the expiration of the term, the Agreement shall be automatically renewed for successive five (05) year periods.
Article 19. Termination of the Entrustment Agreement
The Entrustee may terminate the Entrustment Agreement if all rights of the Entrustor have expired, such as upon the expiration of the protection term. During the term of the Agreement, the Entrustor may, through consultation with the Entrustee, terminate the Agreement in whole or in part. However, such termination shall not affect any usage licenses granted prior to the termination of the Agreement.
Article 20. Right to Legal Action
The Entrustee may initiate civil or criminal legal proceedings if a user illegitimately exploits the Entrustor's rights regarding the management of Entrusted Rights, usage fees, etc., resulting in an infringement. If the Entrustee initiates civil or criminal proceedings under Clause 1, the Entrustee must notify the Entrustor within 30 days.
Article 21. Notification of Changes
If the Entrustee amends these Terms and Conditions or the Royalty Distribution Regulations, the Entrustee must immediately notify the Entrustor and publish such changes in the Entrustee's newsletter/bulletin. An Entrustor who objects to the changes mentioned in Clause 1 may terminate the Entrustment Agreement in writing within three (03) months from the date of notification. If the Entrustor does not exercise the right to terminate within this period, they shall be deemed to have accepted the changes.
Article 22. Liability for Damages due to Breach of Contract
If either the Entrustor or the Entrustee breaches these Terms and Conditions and causes damage to the other party, that party must compensate for such damage. The Entrustee may deduct any damages arising under Clause 1 from the fees collected through the management of the Entrusted Rights.
Article 23. Amendment of the Terms and Conditions
Any amendments to these Terms and Conditions must be approved by a written agreement between the Parties.
Article 24. Jurisdiction and Governing Law
The court with jurisdiction over lawsuits related to the contract signed under these Terms and Conditions shall be the competent court at the location of the Entrustee’s headquarters. This Agreement shall be governed by and construed in accordance with the laws of Vietnam, particularly the Law on Intellectual Property and the Law on Electronic Transactions.
Membership Registration Process
