Abstract: The right to access
information and knowledge, manifested through access to literary, artistic, and
scientific works, is a fundamental human right. For people with disabilities
(PWDs), this right holds special significance as a key to community integration
and personal development. Vietnam has made significant strides in domesticating
international commitments, particularly following the 2022 amendment of the
Intellectual Property Law and the issuance of Decree 17/2023/NĐ-CP to implement
the Marrakesh Treaty. However, current regulations on entities permitted to
exercise copyright exceptions for PWDs remain narrow, failing to encompass
social entities actively engaged in these activities in practice, notably
religious organizations. This article analyzes the theoretical basis and the
current legal landscape in Vietnam, clarifies the legal status of religious
organizations, and identifies the legal gap in recognizing their role. Based on
this analysis, the article proposes recommendations to refine the legal
framework, aiming to better ensure the right of PWDs to access published works.
Keywords: rights of people
with disabilities, access to works, copyright exceptions, Marrakesh Treaty,
religious organizations, non-commercial legal
INTRODUCTION
In the effort to build a just, democratic, and civilized society without leaving anyone behind, ensuring the rights of vulnerable groups, including persons with disabilities (PWDs), has always been a top priority of the Communist Party and the State of Vietnam. For approximately 6.2 million PWDs in Vietnam[1], the right to access cultural and scientific works is not only a matter of entertainment and learning but also a core means for them to exercise other fundamental rights, eliminate information barriers, and achieve full social inclusion.
Recognizing this importance, Vietnam has made significant legal advances, from the enactment of the Law on Persons with Disabilities 2010 to accession to key international treaties such as the United Nations Convention on the Rights of Persons with Disabilities (CRPD) and, most recently, the Marrakesh Treaty. The Intellectual Property Law (IP Law) 2022 was amended and supplemented, with Article 25a officially stipulating the “Copyright Exceptions for Persons with Disabilities.” However, when detailed regulations were issued under Decree 17/2023/ND-CP, the definition of entities permitted to implement this exception remains insufficiently flexible in the practical context of Viet Nam, being mainly limited to organizations whose primary function is to represent, care for, or educate PWDs.
Practice shows that, in addition to organizations explicitly named in Decree 17/2023/ND-CP, many religious organizations (temples, churches, monasteries, etc.), with a mission of compassion and charity to support the community and fulfill social responsibility, have quietly carried out numerous meaningful activities to assist PWDs, including converting books and materials into accessible formats. Their support activities cover both material assistance and policy advocacy. Specifically, they not only provide essential medical equipment and services but also strive to promote social inclusion while playing a pioneering role in monitoring and providing feedback on policies to remove barriers for PWDs. Nevertheless, the role of these religious organizations has not yet been “recognized by name” in intellectual property law; the provisions, while somewhat open, remain unclear and lack specific guiding mechanisms for such organizations to be officially acknowledged. This creates a legal gap between regulation and practice, posing risks and limiting policy effectiveness. This article will focus on clarifying this gap and proposing solutions for its improvement.
This article is conducted based on traditional and interdisciplinary legal research methods. The doctrinal analysis method is employed to clarify the provisions of international law (the Marrakesh Treaty, CRPD) and Viet Nam law (IP Law 2022, Decree 17/2023/ND-CP, Law on Belief and Religion 2016) concerning “authorized entities” and the legal status of religious organizations. The comparative law method is applied to review the experiences of several countries (Canada, Norway, Thailand, Japan) in order to identify reference policy models. In addition, the article utilizes empirical analysis through the synthesis of secondary data from reports, articles, and illustrative case studies to demonstrate the actual capacity and role of religious organizations in Viet Nam in this field.
I. THEORETICAL AND INTERNATIONAL LEGAL BASIS FOR THE RIGHTS OF PERSONS WITH DISABILITIES TO ACCESS WORKS
1.1. The right to access works from a human rights perspective
The right to access information, knowledge, and culture is an inseparable part of human rights[2], recognized in the Universal Declaration of Human Rights 1948 (Article 27) and the International Covenant on Economic, Social and Cultural Rights 1966 (Article 15). For PWDs, this right is concretized in Articles 21 and 30 of the CRPD, which emphasize the obligation of States Parties to “ensure that persons with disabilities can access cultural materials in accessible formats” and to “ensure that intellectual property law does not create unreasonable or discriminatory barriers to persons with disabilities accessing cultural materials.” Accordingly, international law establishes a balancing principle: copyright protection is necessary, but such protection must not become a barrier preventing PWDs from accessing knowledge. Both the CRPD and the Marrakesh Treaty represent “a significant shift in how legislators balance the demands of copyright holders with the interests of persons with disabilities”[3]. When laws create “exceptions” (for example, allowing a printed book to be converted into Braille without permission), this is not the “granting” of an additional right to persons with disabilities. Rather, it is a corrective measure, removing a barrier that should not exist[4].
The recognition of social organizations, including religious organizations, participating in this mechanism does not violate the principle of neutrality in law. The basis for an organization to be recognized as an “authorized entity” is not founded on faith or ideology, but on two objective legal criteria: (1) non-profit legal status and (2) practical functions or activities in supporting PWDs. The law approaches these organizations from the perspective of the social function they perform, similar to non-governmental organizations, charitable foundations, or other associations. Civil society organizations play an essential intermediary role between the State and the community, among which faith-based or religious organizations have a unique dual mission. They are not only centers of religious practice but also specialized “publishers,” responsible for preserving, compiling, and disseminating systems of knowledge and scriptures with profound ethical and philosophical values. These works, ranging from the Bible and Buddhist scriptures to religious legal codes, are not only foundational for the spiritual life of millions of believers but also constitute a cultural heritage containing universal values beneficial to society as a whole.
For PWDs, these works hold particularly special significance. They serve as a source of spiritual support, provide humanistic values, and guide positive life orientations. Acknowledging this, religious organizations naturally carry a social commitment: to ensure that no one is deprived of access to these valuable sources of knowledge due to physical barriers. Therefore, converting their classical works into accessible formats such as audiobooks, Braille books, or sign language videos is not merely a charitable activity. It constitutes part of the social responsibility of the organization to ensure inclusiveness in knowledge access. By performing this task, religious organizations not only help PWDs exercise their human right to access information but also affirm their indispensable role in building an inclusive learning society, where every individual is nurtured intellectually and spiritually.
It should be clarified that when religious organizations convert classical works they own (such as the Bible or Buddhist scriptures), they exercise this right as copyright holders and do not require an exceptions mechanism. However, the legal issue that this article focuses on is their role in supporting PWDs in accessing literary, scientific, and educational works owned by other entities. It is precisely in this case that recognition of religious organizations as “authorized entities” under the exceptions mechanism carries legal significance.
1.2. Copyright exceptions and the role of "authorized entities" under the Marrakesh Treaty
To address the “book famine” faced by PWDs, particularly persons with visual impairments, the Marrakesh Treaty (2013) was established. This Treaty creates an international legal mechanism requiring member states to provide exceptions and limitations in their national copyright laws, allowing the creation and distribution of copies of works in accessible formats (Braille books, audiobooks, audio files, large print, etc.) without the permission of the copyright holder.
The core of this mechanism is the concept of the “authorized entity.” According to Article 2(c) of the Treaty, an authorized entity is “a governmental body or a non-profit organization that provides education, training, adapted reading, or access to information for beneficiaries on a non-profit basis”[5]. This definition has two essential characteristics: (1) the organization can be public or private; (2) it operates on a non-profit basis. The Treaty deliberately employs a broad term so that countries can flexibly recognize various types of organizations, provided they meet the non-profit criterion and have a mission to serve PWDs.
It is noteworthy that the Marrakesh Treaty primarily focuses on “beneficiaries who are blind, visually impaired, or otherwise have a disability that prevents them from reading printed works” (persons with visual/reading disabilities). In contrast, Viet Nam law under Article 25a of the IP Law extends the exception to PWDs in general, including persons with hearing, speech, or mobility impairments. This represents a humanistic advancement, reflecting Viet Nam’s broader commitment compared with the minimum standard of the Treaty. However, this expansion also poses challenges in determining the needs and appropriate formats for converted works (e.g., detailed subtitles for persons with hearing impairments), which differ from formats for visually impaired persons (Braille, audiobooks).
II. CURRENT SITUATION OF VIETNAMESE LAW AND THE LEGAL GAP IN RECOGNIZING THE ROLE OF RELIGIOUS ORGANIZATIONS
2.1. Provisions of Vietnamese intellectual property law
Incorporating the spirit of the Marrakesh Treaty into domestic law, the amended Vietnamese Intellectual Property Law 2022 added Article 25a: Copyright Exceptions for Persons with Disabilities. It should be noted that an important premise for applying this exception, for both PWDs and supporting organizations, is that they “have lawful access to the original or a copy of the work.” Clause 1 of this Article allows PWDs and “caregivers of persons with disabilities” to reproduce works in accessible formats. More importantly, Clause 2 permits “organizations meeting conditions prescribed by the Government” to carry out such reproduction without seeking permission. Detailed provisions regarding “organizations” are clarified in Clause 3, Article 30 of Decree 17/2023/ND-CP: “Organizations meeting the conditions prescribed by the Government under Clauses 2, 3, 4, and 5 of Article 25a of the Vietnamese Intellectual Property Law are non-profit organizations or state agencies with activities or functions providing services for persons with disabilities in the fields of education, training, information access, and adapted reading, in methods and manners appropriate to the purpose.”
Although reasonable, this approach inadvertently narrows the scope of potential entities, especially when compared with the flexible concept of “authorized entities” under the Marrakesh Treaty. The Marrakesh Treaty does not require an organization to complete any formal procedures or follow a specific process to be recognized as an “authorized entity.” However, the Treaty also does not prohibit such measures, allowing member states flexibility to develop national-level procedures[6] with basic conditions, including:
Firstly, the entity must be a non-profit organization or a state agency. The Law on Belief and Religion 2016 is the highest legal document regulating the activities of religious organizations. According to Article 21 of this Law, a religious organization is recognized by the State when it meets the following conditions: it is a religious organization with stable, continuous activities for at least five years from the date of issuance of the certificate of registration of religious activities; it has a charter in accordance with Article 23 of this Law; it has an organizational structure and a representative in accordance with its charter; it possesses assets independent of individuals or other organizations and is fully responsible with its own assets; it participates in legal relations independently in the name of the organization.
Once recognized, Clause 1, Article 30 of the Law affirms: “A religious organization is a non-commercial legal entity.” This provides the strongest legal foundation. This status ensures full compatibility with the core criterion of an “authorized entity” under the Marrakesh Treaty, namely, operating on a non-profit basis.
Next, the organization must have “activities” or “functions and tasks” providing services to PWDs. This second condition needs to be analyzed in two aspects: (1) “functions and tasks” and (2) “activities” of providing services. The use of the conjunction “or” by legislators here carries very important significance.
Part 1: “Having functions and tasks”: This phrase refers to the legal basis, or legitimacy, of an organization. The “functions and tasks” are usually formally stipulated in the establishment documents, charter, or operational license of the organization. Specifically, this may include a public social protection center, a Blind Association established by a state authority decision, or a specialized educational institution. Legal documents establishing these organizations clearly specify that their functions are to care for, educate, and support persons with disabilities (PWDs). If regulations only focus on this aspect, the scope of eligible organizations would be very narrow, limited to entities with a specialized “name” and “registered functions” related to PWDs.
Part 2: “Having activities”: This aspect is the most “open” and flexible. It does not require formal legitimacy but focuses on practical implementation. Here, “activities” refer to tasks, programs, or projects that an organization is actually carrying out on a regular basis with tangible results, even if they are not its primary function as recorded in the charter. For example, a university library (whose main function is serving students) may run a recurring project to digitize books for visually impaired people. A charity fund (whose primary function is fundraising) may have periodic activities supporting Braille book production. Including the “having activities” aspect represents a significant legal advancement. It demonstrates that lawmakers acknowledge and respect the diversity of social practice, where many organizations, although not formally “for persons with disabilities,” actively contribute to this community.
Religious organizations have full potential to meet this condition, mainly through the “having activities” aspect. Let us examine the two aspects of the condition for a religious organization (already recognized as a non-commercial legal entity): (i) Considering the criterion of “functions and tasks,” a religious organization would find it very difficult to comply. The charter and regulations of religious organizations such as the Vietnam Buddhist Sangha or the General Council of the Evangelical Church of Vietnam (Northern Region) define their primary functions and tasks as practicing and disseminating religious teachings. Supporting PWDs, while an important activity, is usually not specified as a core statutory function. Therefore, if this aspect alone is applied, they may not meet the eligibility requirements; (ii) Considering the “having activities” criterion, religious organizations can fully meet the condition. This represents the legal “gateway” for religious organizations. If a religious organization (e.g., the Vietnam Buddhist Sangha) can demonstrate that, through its affiliated institutions such as temples and monasteries, it is carrying out practical, regular, and organized activities to support PWDs (for example, Braille classes, projects producing audiobooks of Buddhist scriptures and literary works, centers for caring for PWDs…), it fully satisfies the requirement. The crucial point is that the religious organization must clearly demonstrate these “activities.” They are not small-scale, spontaneous charitable acts, but programs and projects of scale, sustained over time, and producing tangible impacts. The provision in Decree 17/2023/ND-CP, by using the phrase “having activities or functions and tasks,” reflects a flexible legislative approach, consistent with practical reality and the spirit of the Marrakesh Treaty. It does not restrict the types of entities permitted to participate but opens opportunities for many capable and well-intentioned organizations, including religious organizations.
It is necessary to further discuss the phrase “providing services” for PWDs in the activities of authorized organizations. Some opinions may question the term “providing services,” arguing that the activities of religious organizations are essentially charitable rather than “services.” However, the term “services” in the context of this regulation should be understood in a broad, non-commercial sense. Similar to “public services” or “social services” provided by the State and other social organizations, the support activities for PWDs conducted by religious organizations, although driven by charitable motives, are a form of organized social support services aimed at meeting the needs of the community. According to statistics from the Government Committee for Religious Affairs, by 2023, there are 43 organizations representing 16 religions nationwide, with tens of thousands of worship facilities and a large network of followers[7]. Many religious institutions have established centers to care for orphans, the elderly living alone, and PWDs, organized charitable classes, and implemented humanitarian projects. For example, numerous Buddhist temples have conducted retreats and Braille classes for the visually impaired, while Catholic churches have religious orders dedicated to serving the sick and PWDs. Practical evidence in Vietnam, though not fully documented, demonstrates this potential. The “Huong Duong Audiobook Library” project, initiated by a group of Buddhist monks in 2010, has produced thousands of audiobooks (including literature, history, life skills, and religious teachings) freely available to visually impaired people. Another case study at the Sisters of the Sacred Heart Convent (Catholic Church) in Da Lat shows that this institution has for years maintained a Braille teaching center and produced accessible educational and religious materials for local visually impaired children, serving hundreds each year. They have adequate facilities, abundant volunteer human resources, and, most importantly, community trust. Therefore, the term “providing services” is not a legal barrier but a designation of activities in the language of public policy, requiring that these activities be carried out systematically and with clear objectives. The “Light of Knowledge” mobile library project, implemented by the Library Department since 2016, brings thousands of books along with computer systems to provinces and cities. These mobile libraries not only reach remote and isolated areas but are also equipped with books and specialized devices for the visually impaired, functioning as mobile classrooms supporting life skills and information technology[8].
Thus, although the motivation is charitable, the results and form of these actions, from the perspective of state management and social policy, can fully be designated as a “service”.
2.2. Practical application shortcomings and the necessity of amendment
The above argument shows that, if the clause “having activities” is interpreted flexibly, religious organizations fully have a legal basis for recognition. However, this very flexibility gives rise to certain shortcomings, which is why amending and clarifying the regulation is necessary rather than optional, contrary to some cautious opinions.
First, the lack of clarity in the regulation creates a legal “grey area” and reduces predictability. Although the provision “having activities” represents an open door, the current law (Decree 17/2023/ND-CP) does not stipulate the mechanism, criteria, or procedures for an organization to “demonstrate” its actual activities, nor does it identify which authority will “recognize” these activities as sufficient. This ambiguity places religious organizations in an uncertain position: they do not know whether their activities will be considered “qualified”. This leads to a risk-averse mentality when implementing large-scale work to convert works.
Second, there are practical barriers when an organization is not officially recognized. Article 25a does not prohibit organizations (such as religious organizations) from supporting PWDs; it only regulates cases of exceptions (no permission required). If not recognized as a “qualified entity,” religious organizations wishing to convert works must follow the standard procedure: obtaining permission from the copyright holder. This is the most significant practical barrier. The process of obtaining permission for each work is extremely costly, time-consuming, procedurally complex, and often unsuccessful due to difficulty in contacting the copyright holder or outright refusal. This situation constitutes the “book famine” that the Marrakesh Treaty was designed to address. Therefore, the requirement to “obtain permission” is a real obstacle, hindering non-profit support efforts.
Third, regarding enforcement and handling of violations. In practice, many religious organizations and small libraries continue to convert works (e.g., producing audiobooks) on a small scale, non-profit basis, without obtaining permission. These activities are often not sanctioned, partly due to their clear humanitarian purpose, and partly because copyright holders rarely detect or litigate non-commercial activities. However, this situation places religious organizations in a position of operating outside the protection of the law, always carrying the risk of copyright complaints.
For these reasons, although the current law "can" be interpreted flexibly, amending and supplementing regulations to clarify and formalize the role of organizations with actual activities (such as religious organizations) is extremely necessary. This is not to grant special privileges but to provide a clear and safe legal mechanism, enabling these organizations to contribute to society confidently, legally, and effectively, rather than operating in a legal "grey area".
2.3. Analysis of legal status and practical capacity of religious organizations as supporting entities
Within the legal framework of Vietnam, it is necessary to clearly distinguish between two entities: “religious organization” and “place of worship”. A religious organization is a national or regional organization, recognized by the State, with a charter, organizational structure, and non-commercial legal personality. This is the entity that possesses full legal rights and obligations. A place of worship (such as a pagoda, church, or temple) is a location where religious activities take place. These facilities generally do not have independent legal personality and function as subordinate units under a religious organization. This relationship is that between a parent organization (legal entity) and its member unit (operating branch). Therefore, an individual pagoda or church cannot independently undertake legal transactions, register activities, or bear legal responsibilities. Based on this structure, the entities that truly have the legal capacity to officially organize activities supporting persons with disabilities are the religious organizations recognized as legal entities. In Vietnam, the representative and largest-scale entities include:
Vietnamese Buddhist Sangha (VBS): This is the official legal entity representing the majority of Buddhist pagodas, monasteries, and meditation centers nationwide. When a pagoda (e.g., Hoằng Pháp Pagoda) intends to implement a program supporting persons with disabilities, legally, the VBS acts as the registering and responsible entity, making decisions and delegating the implementation to the pagoda itself. The pagoda functions as the site for executing the activities under the management and legal name of the Sangha.
Vietnamese Episcopal Conference: Similarly, this is the legal entity of the Catholic Church. Social charity activities, including support for persons with disabilities, are typically carried out professionally through the affiliated agency, Caritas Vietnam. When a parish or church organizes an activity, Caritas Vietnam (under the legal auspices of the Episcopal Conference) serves as the main responsible entity.
Other recognized religious organizations: Other organizations, such as the General Assembly of the Evangelical Church of Vietnam and the Cao Dai Churches, also possess legal personality and may undertake social activities within their respective scopes.
Thus, the entities with full legal capacity to implement activities supporting persons with disabilities are not individual pagodas or churches, but the central-level religious organizations recognized by the State. Places of worship function as local implementing units, operating under the permission and legal name of the parent organization.
When considering the statutory conditions to become an entity supporting persons with disabilities in accessing works, religious organizations in Vietnam demonstrate systemic and inherent advantages. These organizations possess extensive community reach through a network of tens of thousands of places of worship nationwide, including in the most remote areas. This is an advantage not shared by many other social organizations. In addition, a plentiful volunteer workforce, operating on the basis of faith and the spirit of social responsibility and nonprofit commitment, not only ensures the sustainability of activities but also reduces operational costs. Their position as cultural and spiritual centers provides these organizations with high community trust, facilitating the mobilization of social resources and utilization of available infrastructure. Although technical challenges remain, such as the lack of uniform expertise in converting works into complex formats or difficulties in standardizing quality, these issues can be fully addressed through support and management mechanisms.
From identifying the gaps and shortcomings in the practical application of Vietnamese law, it is necessary to refer to international experience to seek suitable policy solutions.
III. LEGAL EXPERIENCE OF SOME COUNTRIES IN RECOGNIZING RELIGIOUS ORGANIZATIONS AS ENTITIES SUPPORTING PERSONS WITH DISABILITIES IN ACCESSING WORKS
Globally, many countries allow religious organizations to participate in supporting persons with disabilities in accessing works. However, the manner of recognition usually does not involve enacting a separate law explicitly stating “religious organizations are entitled to…”, but rather employs broader, more flexible legal terminology. Countries generally adopt two main approaches:
First, using the term “non-profit organization”.
This is the most common approach, consistent with the spirit of the Marrakesh Treaty. Intellectual property laws in countries such as Canada, Australia, European Union (EU) member states, and the United States[9] stipulate that “non-profit organizations” operating for the benefit of persons with disabilities can become “authorized entities.” Accordingly, a religious organization, if established and operating on a non-profit basis in accordance with the law of that country, will automatically meet this definition without any additional specific regulation. The law does not consider the name of the organization (whether religious, charitable, educational, or social) but focuses on two core criteria: (1) non-profit status, and (2) the objective of supporting persons with disabilities. For example, the Copyright Act of Canada[10], in Section 32.01, allows “a non-profit organization acting for the benefit of persons with a print disability” to reproduce works in accessible formats. Clearly, a religious organization in Canada that carries out charitable activities for persons with disabilities falls entirely within this scope.
Second, direct recognition in the list of “Authorized Entities”
Some countries publicly maintain a list of “Authorized Entities,” which may include organizations with religious names or origins. The World Intellectual Property Organization (WIPO) maintains such a list to facilitate cross-border exchange of works. Specifically, in Norway: in the list of authorized entities, there is an organization named “Kristent Arbeid Blant Blinde og svaksynte – KABB,” translated as “Christian Work for the Blind and Visually Impaired”[11]. This name not only affirms its Christian origin but also explicitly states its objective to serve persons with disabilities. Next, Thailand: Thailand’s list includes the “Christian Foundation for the Blind in Thailand under the Royal Patronage of His Majesty the King.”
Third, integration into the library and social welfare system.
Experience from Asian countries such as Japan and South Korea shows another approach, where religious organizations often participate as partners of the social welfare system or public libraries. In Japan, the Copyright Act (Section 37(3)) allows designated social welfare institutions, including non-profit organizations (NPOs) operated by religious groups, to reproduce works for persons with disabilities. Similarly, in South Korea, the Copyright Act allows “support institutions for persons with disabilities,” recognized under the Act on Welfare of Persons with Disabilities, to apply the exception; many of these institutions have origins in or receive funding from religious organizations, functioning as part of the social welfare network.
IV. PROPOSALS AND RECOMMENDATIONS FOR IMPROVING THE LAW
To fill the aforementioned legal gaps and promote the role of all social resources, we believe that adjustments to relevant legal provisions are necessary.
(i) Expanding the definition of “organization” in Decree 17/2023/ND-CP: This is the most direct and effective solution. It is necessary to amend and supplement Article 30 of Decree 17/2023/ND-CP in a broader and more comprehensive manner. Specifically, an additional point may be added to Clause 1 as follows:“c) A non-commercial legal entity legally established under the provisions of law, whose charter or actual practice includes regular activities to support, care for, educate, or enhance the cultural and spiritual life of persons with disabilities.” Such a provision would encompass religious organizations, charitable funds, and other social organizations without requiring them to have the “primary” function of supporting persons with disabilities. The key criteria are non-commercial legal status and practical activities aimed at social welfare objectives. This approach addresses concerns regarding the recognition of a “non-core function” of religious organizations. The law does not intervene in religious functions but merely recognizes the social functions that these organizations are actually performing, similar to acknowledging charitable, educational, or healthcare activities that these organizations continue to engage in.
(ii) Establishing a registration or recognition mechanism for “authorized entities”: In addition to amending the Decree, the Government may assign the Ministry of Culture, Sports and Tourism or the Ministry of Labour – Invalids and Social Affairs to develop a simple registration mechanism so that organizations (including religious organizations) wishing to become “authorized entities” can register. This ensures that the rights of authors and persons with disabilities are protected fairly. The mechanism would assess based on clear criteria such as: non-commercial legal status; commitment to operate on a non-profit basis in this field; and basic capacity in terms of facilities and human resources to carry out the conversion and dissemination of works.
(iii) Supplementing a monitoring mechanism and ensuring accountability:
The expansion of eligible entities must be accompanied by a strict control mechanism to prevent abuse and protect copyright. Therefore, provisions should be added regarding:
● Reporting obligations: “Authorized entities” (including religious organizations) must have the obligation to submit periodic reports (e.g., annually) to the state management authority (such as the Copyright Office) on the list of works converted and the scope of distribution.
● Quality standards and information security: Guidance should be provided on the application of technical standards (e.g., DAISY standards for audiobooks) to ensure the quality of accessible format copies, while clearly defining responsibilities for confidentiality and preventing unauthorized distribution outside the intended persons with disabilities.
● Sanctions for violations: Measures should be clearly stipulated in cases where an organization abuses the exception mechanism (e.g., commercializing copies, distributing to unauthorized recipients). These measures may include administrative penalties, compensation to the copyright owner, and, most importantly, the permanent or time-limited revocation of the “authorized entity” status.
The registration mechanism should require organizations to commit to complying with technical standards for accessible formats or to cooperate/consult with organizations of persons with disabilities (such as the Vietnam Blind Association) to ensure the quality of output. However, an issue to clarify in the future is the mechanism to verify and recognize “activities.” More detailed guiding documents (e.g., circulars) should be issued specifying the criteria, dossiers, and procedures through which an organization can be recognized as eligible based on its practical activities.
CONCLUSION
Ensuring access to works for persons with disabilities is an important measure of a country’s civilized and inclusive development. Vietnam’s efforts to complete the intellectual property legal framework are highly commendable. However, for the policy to be truly implemented and achieve maximum effectiveness, legal provisions need to reflect and encompass the diversity of social actors. Recognizing religious organizations, as non-profit legal entities that are already making practical contributions, is a necessary and reasonable step. This approach not only aligns with the spirit of the Marrakesh Treaty but also demonstrates respect for, mobilization of, and maximization of all social resources in the common cause for persons with disabilities, contributing to the construction of a barrier-free learning society.
References
1. National Assembly of the Socialist Republic of Vietnam, Law on Intellectual Property No. 50/2005/QH11 (as amended and supplemented by Law No. 36/2009/QH12, Law No. 42/2019/QH14, and Law No. 07/2022/QH15).
2. National Assembly of the Socialist Republic of Vietnam, Law on Belief and Religion No. 02/2016/QH14, dated November 18, 2016.
3. Government of the Socialist Republic of Vietnam, Decree No. 17/2023/ND-CP, dated April 26, 2023, detailing certain articles and measures to implement the Law on Intellectual Property regarding copyright and related rights.
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[*] Associate Professor, Ph.D., Affiliation: Saigon University, Email: Vthyen@sgu.edu.vn, date of approval for publication: 28/10/2025
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[8] Chu Van Khanh (2017). Library Information Services for the Visually Impaired in Vietnam – Current Situation and Solutions.
[9] United States Copyright Law, Title 17, Section 121 of the U.S. Code (§ 121). https://www.copyright.gov/title17/title17.pdf
[10] Copyright Act of Canada (Copyright Act, R.S.C., 1985, c. C-42). https://laws-lois.justice.gc.ca/PDF/C-42.pdf
[11] Kristent Arbeid Blant
Blinde og svaksynte – KABB - Christian work among blind and visually impaired
persons, https://www.wipo.int/directory/en/contact.jsp?dir_id=5277
[12] Ho Bao, Copyright
exceptions to the use of works for academic purposes, Master’s thesis, Ho Chi
Minh City University of Law, 2022
[13] Nguyen Thi Hang & Phan Thi Hue Tran (2025). Harmonization of Copyright Exceptions for Persons with Disabilities in Some ASEAN Countries that Are Members of the Marrakesh Treaty. Vietnamese Journal of Legal Science, 12(184), 45–56. https://doi.org/10.70236/tckhplvn.181
