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.