Circular No. 25/2018/TT-BVHTTDL dated August 30, 2018 of the Ministry of Culture, Sports and Tourism on prescribing the restriction of the display of tobacco use in theatrical and cinematographic works

THE MINISTRY OF CULTURE, SPORTS AND TOURISM

Circular No. 25/2018/TT-BVHTTDL dated August 30, 2018 of the Ministry of Culture, Sports and Tourism on prescribing the restriction of the display of tobacco use in theatrical and cinematographic works^[1]

Pursuant to the 2012 Law on Prevention and Control of Tobacco Harms;

Pursuant to the 2006 Law on Cinematography and the 2009 Law Amending and Supplementing a Number of Articles of the Law on Cinematography;

Pursuant to the Government’s Decrees No. 79/2012/ND-CP of October 5, 2012, on art performances, fashion shows; beauty and model contests; and circulation and trading of audio-visual recordings of song, dance, musical and theatrical performances; and No. 15/2016/ND-CP of March 15, 2016, amending and supplementing a number of articles of the Government’s Decree No. 79/2012/ND-CP of October 5, 2012;

Pursuant to the Government’s Decree No. 79/2017/ND-CP of July 17, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director of the Department of Legal Affairs,

The Minister of Culture, Sports and Tourism promulgates the Circular prescribing the restriction of the display of tobacco use in theatrical and cinematographic works.

Article 1.Scope of regulation

This Circular prescribes the principles and contents of the restriction of the display of tobacco use in theatrical and cinematographic works, and responsibilities of related organizations and individuals.

Article 2.Subjects of application

1. Organizations and individuals organizing art performances.

2. Organizations and individuals producing, importing, distributing and disseminating movies.

3. Other organizations and individuals involved in theatrical and cinematographic activities.

Article 3.Principles of restriction of the display of tobacco use in theatrical and cinematographic works

1. The display of tobacco use is not permitted in cases of:

a/ Depicting the prohibitions specified in Article 9, and violations against the regulations on obligations of smokers specified in Article 13, of the Law on Prevention and Control of Tobacco Harms, except the cases of condemning such prohibitions and violations;

b/ Praising organizations or individuals that achieve success in manufacturing and trading in tobacco products;

c/ Being shown in theatrical and cinematographic works for children;

d/ Other cases as prescribed by law.

2. The display of tobacco use for artistic purposes must comply with Articles 4 and 5 of this Circular.

Article 4.The display of tobacco use for artistic purposes in theatrical works

1. The display of tobacco use for artistic purposes in theatrical works is permitted in the cases of:

a/ Depicting a real historical personality;

b/ Recreating a certain historical stage;

c/ Criticizing or condemning acts of tobacco use;

d/ Aiming to achieve other artistic purposes approved by a competent agency based on an art council’s proposal.

2. When displaying the use of tobacco on the stage for artistic purposes, actors/actresses may not actually smoke on the stage.

Article 5.The display of tobacco use for artistic purposes in cinematographic works

1. The display of tobacco use for artistic purposes in cinematographic works is permitted in the following cases:

a/ The cases prescribed at Points a, b and c, Clause 1, Article 4 of this Circular;

b/ In order to achieve other artistic purposes approved by a competent agency based on an appraisal council’s proposal.

2. In case a movie has many scenes displaying tobacco use as assessed by the appraisal council, the dissemination of the movie must satisfy either of the following requirements:

a/ The movie is rated for certain ages based on the criteria provided in the Appendix to this Circular;

b/ The movie contains a warning about tobacco harms in words or images.

Article 6.Responsibilities of related organizations and individuals

1. The Cinema Department and Performing Arts Department shall, within the ambit of their functions, tasks and powers, coordinate with the Department of Legal Affairs in guiding, inspecting and organizing the implementation of this Circular nationwide.

2. Provincial-level Culture, Sports and Tourism Departments or Culture and Sports Departments shall organize the implementation of this Circular in their localities.

3. Organizations and individuals organizing art performances or producing, importing, distributing and disseminating movies, and other related organizations and individuals shall, in the course of performing their professional jobs, comply with regulations on restriction of the display of tobacco use under this Circular.

Article 7.Effect

1. This Circular takes effect on November 15, 2018.

2. The Minister of Culture, Sports and Tourism’s Circular No. 02/2014/TT-BVHTTDL of May 14, 2014, prescribing the restriction of tobacco use in theatrical and cinematographic works, ceases to be effective on the effective date of this Circular.

Any problems arising in the course of implementation of this Circular should be promptly reported to the Ministry of Culture, Sports and Tourism for timely study and settlement.-

Minister of Culture, Sports and Tourism
NGUYEN NGOC THIEN

APPENDIX

(To the Minister of Culture, Sports and Tourism’s Circular No. 25/2018/TT-BVHTTDL of August 30, 2018)

CRITERIA FOR RATING OF MOVIES CONTAINING IMAGES OF ACTORS/ACTRESSES USING TOBACCO PRODUCTS