Circular 05/2023/TT-BVHTTDL display of film ratings and warnings

CIRCULAR

Prescribing film classification criteria and display of
film ratings and warnings

_____________

THE MINISTER OF CULTURE, SPORTS AND TOURISM

Pursuant to the Law on Cinematography dated June 15, 2022;

Pursuant to the Government's Decree No. 01/2023/ND-CP dated January 16, 2023 on defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of Director of the Cinematography Department;

The Minister of Culture, Sports and Tourism promulgates the Circular prescribing film classification criteria and display of film ratings and warnings.

Article 1. Scope of regulation and subjects of application

1. This Circular specifies film classification criteria and display of film ratings and warnings applicable to forms of film dissemination.

2. This Circular applies to agencies, enterprises, organizations and individuals involved in the film dissemination.

Article 2. Film ratings

Film ratings shall, according to criteria under Article 3 of this Circular, be placed in rank order from lowest to highest as follows:

1. Category P: Films suitable for audiences of all ages;

2. Category K: Films suitable for children under age of 13 to be accompanied by a parent or guardian;

3. Category T13 (13+): Films suitable for audiences aged full 13 and over;

4. Category T16 (16+): Films suitable for audiences aged full 16 and over;

5. Category T18 (18+): Films suitable for audiences aged full 18 and over;

6. Category C: Films banned from dissemination.

Article 3. Film classification criteria

1. Film classification criteria include:

a) Criterion of themes and contents;

b) Criterion of violence;

c) Criterion of nudity and sex;

d) Criterion of use of drugs, stimulants and addictive substances;

dd) Criterion of horror;

e) Criterion of vulgar language;

g) Criterion of dangerous behaviors easy to be imitated.

2. The assessment of film ratings under Article 2 of this Circular shall be based on the following general principles:

a) Protect children and other vulnerable audiences from contents that are inappropriate or may cause negative impacts;

b) Based on performance, specific situations and contexts, interactivity, frequency, time, granularity of images, sounds, lights, dialogues and its degree of impact on the audiences, in which the importance of contexts and degree of impact on the audiences are key priorities in film classification;

c) Depending on the contents, a film shall be considered to be ranked lower if it contains details:

- Being described in speech instead of image;

- Being low-impact images.

d) Depending on the content, the film shall be considered to be ranked higher if it contains details:

- Containing more details, including close-ups and slow motions;

- Using techniques such as techniques relating to light, perspective, and resolution;

- Using special effects relating to light and sound, resolution, color, size of images, their characteristics and tones;

- Being realistic, rather than stylized;

- Encouraging interaction;

- With synergistic impact of many classification criteria.

dd) A film in the middle of the film ratings shall be considered to be rated lower if it has a situation handling method and results showing the message of education and humanity, praising moral and social values, and having a positive impact on audiences.

3. Criterion of themes and contents shall be determined based on general principles specified in Clause 2 of this Article and purposes, nature and handling of the described situation, to be specific:

a) Degree of impact on formation of emotions, thought, aesthetics, understanding and acceptance of themes and contents for each audience group by age;

b) Do not cause false perception about moral values, fine traditions and customs, family and social relations; ethnicity, belief, religion; children’s rights, discrimination and sensitive, implied, metaphorical themes.

4. Criterion of violence shall be determined based on general principles specified in Clause 2 of this Article and purposes, nature and handling of the described situation, to be specific:

a) The reality of the situations, the presence of children and women in scenes of violence, scenes of animal cruelty;

b) Scenes that encourage violence, with characters self-harming, glorify and flaunt violence;

c) Unprovoked violence, contents that makes audiences think that the victims enjoy violence or encourage them to imitate it;

d) The violent behaviors in the film are shown in a humorous, exaggerated or fictitious manner; the purposes are to condemn the violent behavior, show the positive and criticism, and eliminate the evil;

dd) Detailed description of the criminal offenses and violence with the use of dangerous instruments; images in which the acts cause pain, bleeding, and show callousness toward the victims.

5. Criterion of nudity and sex shall be determined based on general principles specified in Clause 2 of this Article and purposes, nature and handling of the described situation, to be specific:

a) The film’s themes, contents, nude images, sexual activities do not intend eroticism or sexual assaulges, except for cases of condemning or criticizing such acts; have an educational purpose or message consistent with its contents;

b) Behaviors intend or induce sexual activities;

c) Acts of sexual violence, including rape and coercive sexual violence involving a group of characters; emphasizing the victims’ pain and fear, focusing on images of the victims being overwhelmed, helpless, and the attackers’ enjoyment;

d) Presentation of nude images and sexual activities by staging them directly or indirectly via sound, language, gestures, visual effects;

dd) Description of sexual activities, from hugging and kissing, but no details;

e) Frequency of nude images and sexual activities;

g) Age of characters in the sex scenes;

h) Degree of impact on sexual activities to the audiences.

6. Criterion of drugs, stimulants and addictive substances shall be determined based on general principles specified in Clause 2 of this Article and the purposes other than those of guiding the illegal drug production and use, advertising, marketing, buying, selling, transporting, stockpiling or other illegal purposes except for cases condemning and criticizing these acts and in conformity with the film’s contents.

7. Criterion of horror shall be determined based on general principles specified in Clause 2 of this Article and purposes, nature and handling of the described situation, to be specific:

a) Factors causing stress, stimulation or creating a feeling threatened, affecting the audiences’ psychology and health;

b) Degree of impact of sound effects, horror images in a realistic, stimulating and continuous manner;

c) The overall tone and atmosphere of the film, and time and frequency of horror scenes.

8. Criterion of vulgar language shall be determined based on general principles specified in Clause 2 of this Article and purposes, nature and handling of the described situation, to be specific:

a) Rude gestures, crude images, sound and language, insults, obscenities, slurs, including slang;

b) Degree of vulgarity of the language, use context, and the sensitivity of the community, culture and society in relation to the use of crude images, sound and language;

c) Dialogues likely to incite interest in sexual abuse;

d) Discriminatory language, language violating human rights, fine customs and traditions.

9. Criterion of dangerous behaviors easy to be imitated shall be determined based on general principles specified in Clause 2 of this Article and degree of impact on audiences, to be specific:

a) Detailed description of the techniques of crime, violence, instructions on the use of easily accessible dangerous instruments such as knives, scissors, sharp objects, objects that may cause injury or death by using images or language, except for cases condemning these acts and in conformity with the film’s contents;

b) Direct or indirect description, including encouragement or incitement of acts that may cause audiences to imitate them, such as: use of drugs, weapons, suicide, self-harm, school violence, or other illegal acts;

c) Degree of conscious or unconscious impact on audiences.

10. Contents of film classification criteria shall comply with the form in Appendix to this Circular.

Article 4. Display of film ratings and warnings

1. Principles of display of film ratings

a) Film ratings must be displayed during the film dissemination, except for films rated P;

b) The display of the film ratings must ensure the provision of information about the film ratings and warning contents for a sufficient period in order that the audiences may get the information;

c) For films that are disseminated in cinemas; at the head offices of foreign diplomatic missions and cultural institutions established in Vietnam; films that are disseminated on public transport and other audio-visual media: Cinematic establishments must display the film ratings on Film screens, websites, online ticketing applications, at ticket counters and by other appropriate forms;

d) For films that are disseminated on television and in the cyberspace: Cinematic establishments must display the film ratings in the program introduction/display folder on the devices’ screen  for listeners and audiences to decide to listen and watch the provided films, ensuring that the film ratings are displayed clearly and prominently;

Film ratings must be displayed in the top left-hand or right-hand corner of the screen during the film dissemination, without overlapping the service icon or other icons;

2. Principles of warnings

a) A warning must be displayed before and during the film dissemination;

b) A warning must be displayed by one of the methods, or by appropriately combined methods, including but not limited to speech, writing;

c) For films that are disseminated in cinemas; at the head offices of foreign diplomatic missions and cultural institutions established in Vietnam; films that are disseminated on public transport and other audio-visual media: Display of warnings by speech or writing must be implemented before film dissemination; warning shall be displayed just below the film rating icon.

d) For films that are disseminated on television and in the cyberspace: warnings by speech or writing must be displayed within 03 seconds after film dissemination; warning shall be displayed just below the film rating icon; for films with the time of 20 minutes or more, maximum 03 times of warning display are required in the course of film dissemination.

3. Contents of display of film ratings and warnings

a) Contents of display shall be the film ratings specified in Article 2 of this Circular;

b) Contents of warnings shall be the film classification criteria specified in Article 3 of this Circular, including: Themes, contents; Violence; Nudity, sex; Drugs, stimulants and addictive substances; Horror; Vulgar language; Dangerous behaviors easy to be imitated.

In the event of all 07 classification criteria in the film, a warning about all criteria is required.

Article 5. Organization of implementation

1. The Cinematography Department shall assume the prime responsibility for, and coordinate with relevant agencies and units in, guiding and inspecting the implementation of this Circular.

2. Agencies, enterprises, organizations and individuals involved in the film dissemination shall, based on their assigned functions and tasks, organize the implementation of this Circular.

Article 6. Effect

1. This Circular takes effect on May 20, 2023.

2. Repeal Clause c Point 1 Article 10 of Circular No. 12/2015/TT-BVHTTDL dated December 11, 2015 of the Minister of Culture, Sports and Tourism amending and supplementing a number of Regulations on appraisal and grant of licenses for film dissemination promulgated together with the Decision No. 49/2008/QD-BVHTTDL dated July 09, 2008 of the Minister of Culture, Sports and Tourism.

3. Any problem arising in the course of implementation should be promptly reported to the Ministry of Culture, Sports and Tourism (via the Cinematography Department) for consideration, amendment and supplementation./.