Do not obstruct the dissemination and use of the National Flag, National Emblem, and National Anthem.

On the morning of March 28, after National Assembly Chairman Vuong Dinh Hue delivered the opening speech at the first full-time National Assembly Deputies Conference of the 15th National Assembly, delegates discussed a number of major issues regarding the explanation, reception, and revision of the draft Law amending and supplementing a number of articles of the Law on Intellectual Property.

Chairman of the Law Committee Hoang Thanh Tung said that in Report No. 87/BC-CP, the Government proposed that there should be stricter regulations on the permission to exploit, use and disseminate the National Flag, National Emblem and National Anthem in social life, especially in cyberspace, in order to both ensure the legality, preserve the solemnity and dignity of the National Flag, National Emblem and National Anthem, and meet the needs of dissemination to the people, international integration and practical needs.

Through research, the Standing Committee of the Law Committee basically agrees with the necessity of adding this provision. However, regarding the specific content that the Government proposed to add in the draft Law, the Standing Committee of the Law Committee found that the provision "The dissemination and use of the National Flag, National Emblem, and National Anthem in accordance with the provisions of law" is a general principle in the application of law, and is also not consistent with the scope of the Intellectual Property Law, so it proposed not to add it to Article 7. Therefore, this agency partially acknowledged the Government's opinion and amended and supplemented Clause 2, Article 7.

Specifically, “The exercise of intellectual property rights must not infringe upon the interests of the State, public interests, the legitimate rights and interests of organizations and individuals, and other relevant provisions of law. Organizations and individuals exercising intellectual property rights related to the National Flag, National Emblem, and National Anthem must not prevent or hinder the dissemination and use of the National Flag, National Emblem, and National Anthem.”

Expressing his agreement, delegate Nguyen Anh Tri (Hanoi delegation) highly appreciated the Government's timely addition of the above content to this draft law because in reality, problems have arisen recently.

Delegate Nguyen Cong Long (Dong Nai delegation) - Standing member of the Judiciary Committee wondered whether the accepted and revised plan had solved the practical problem or not.

“The recent incident where we were not allowed to listen to the Vietnamese National Anthem, through review, we found a rather large legal loophole when there was no document regulating the use of the National Flag, National Emblem, and National Anthem. This law amendment should be handled. The authority to regulate the use of the National Flag, National Emblem, and National Anthem is no one more suitable than the Government, so it should be assigned to the Government because currently no one has been assigned to regulate and guide the use of the National Flag, National Emblem, and National Anthem” – Mr. Nguyen Cong Long proposed.

Analyzing this content further, delegate Le Minh Nam (Hau Giang delegation) - Standing member of the Finance - Budget Committee said that the current system of regulatory documents mainly relates to handling violations.

Regarding intellectual property, general regulations can be applied to regulate literary and artistic works, but according to the delegate, the National Flag, National Emblem, and National Anthem are special subjects, recorded in the Constitution, so they need separate regulations and more special treatment.

Mr. Le Minh Nam also cited the fact that recently there have been a number of incidents related to the National Flag and National Anthem on cyberspace that have caused outrage, affected the national image, and even offended people, so the law needs to have a solution to resolve them.

From a copyright perspective, the delegate said that if related rights are not specifically regulated, there will be cases where, in the name of artistic creation, related rights are used to obstruct, insult, and prevent the dissemination and access to the National Flag, National Emblem, and National Anthem.

"Therefore, it is necessary to have more regulations to ensure legality, solemnity, and meet the need to popularize the National Flag, National Emblem, and National Anthem" - Mr. Nam said./.