Decree 131/2022/ND-CP detailing the Law on Cinematography

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Decree No. 131/2022/ND-CP dated December 31, 2022 of the Government detailing a number of articles of the Law on Cinematography
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Official number:131/2022/ND-CPSigner:Vu Duc Dam
Type:DecreeExpiry date:Updating
Issuing date:31/12/2022Effect status:
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Fields:Culture - Sports - Tourism

SUMMARY

Reduce at least 20% of the ticket price for the elderly, children watching movies at the cinemas

Decree No. 131/2022/ND-CP detailing a number of articles of the Law on Cinematography is issued on December 31, 2022 by the Government.

Accordingly, Vietnamese films must be screened in cinema systems, especially on the occasion of big anniversaries of the country and for political, social and foreign-relation tasks under requirements of the competent state agencies.

Vietnamese films must be prioritized to be screened in the timeframe from 18 hours to 22 hours. Ratio of screening Vietnamese films in the cinema system must follow the below roadmap: From January 01, 2023, to the end of December 31, 2025, the ratio of screening Vietnamese films to total film shows in the year must be at least 15%; From January 01, 2026, the ratio of screening Vietnamese films to total film shows in the year must be at least 20%.

The screening of films for under-13 children and under-16 children at cinemas must finish before 22 hours and 23 hours, respectively.

Especially, the elderly, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects as prescribed by law that direct use movie services at the cinemas shall be entitled to a minimum reduction of 20% of the ticket price. People with extremely severe disabilities shall be exempted from ticket price; people with severe disabilities shall be entitled to a minimum reduction of 50% of the ticket price when directly using movie services at the cinemas.

This Decree takes effect from January 01, 2023.

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THE GOVERNMENT  

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 131/2022/ND-CP

 

Hanoi, December 31, 2022

DECREE

Detailing a number of articles of the Law on Cinematography[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 15, 2022 Law on Cinematography;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates the Decree detailing a number of articles of the Law on Cinematography.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Points d and e, Clause 2, Article 5; Clause 1, and Point a, Clause 3, Article 14; Points a and c, Clause 3, Article 19; Clause 2, Article 20; Points b, c, d and dd, Clause 2, Point a, Clause 3, and Clause 4, Article 21; Clause 2, Article 22; Clause 2, Article 38; and Clause 2, Article 42, of the Law on Cinematography, covering the following contents:

1. Acquisition of the ownership of, and the right to use, screenplays and films of high ideological and artistic values for the purposes of propaganda, education, research, and storage, and in service of political tasks; editing, translation, and making of subtitles for films for the purpose of introducing the Vietnamese country and people.

2. Research in, and application of, scientific and technological advances in cinematic activities.

3. Production of films with state budget funds in service of political tasks by the method of task assignment, order placement or bidding; the process of selecting film production projects.

4. Percentage of Vietnamese film screenings; timeframe for screening Vietnamese films; and time and timeframe for screening films for children in cinemas.

5. Ticket exemption and ticket price reduction for elderly people, people with disabilities, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects specified by law.

6. Ratio of broadcast time of Vietnamese films to that of foreign films; timeframe for broadcasting Vietnamese films; and time and timeframe for broadcasting films for children on domestic television channels.

7. Conditions for film classification for dissemination in the cyberspace.

8. Notification of the list of films to be disseminated and film classification results to the Ministry of Culture, Sports and Tourism before disseminating films in the cyberspace.

9. Implementation of necessary technical measures and instructions for parents or guardians of children to control and manage for ensuring age-appropriate films disseminated in the cyberspace; and for service users to report films that violate the Law on Cinematography.

10. Designation of points of contact and provision of contact information to receive and process requests of state management agencies; and feedback, complaints and reports of service users.

11. Application of technical solutions and coordination with competent state management agencies to remove and prevent violating films.

12. Responsibilities of organizations and enterprises having telecommunications networks for preventing access to violating films at the request of competent state agencies.

13. Receipt of notices on public film screenings by competent state agencies.

14. Conditions for Vietnamese agencies and organizations to organize film festivals, specialized and thematic film festivals, film awards, film contests, film programs and film weeks in Vietnam.

15. The Cinematography Development Support Fund.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals engaged in cinematic activities in Vietnam and foreign countries; foreign organizations and individuals engaged in cinematic activities in Vietnam, state management agencies in charge of cinematography, and agencies, organizations and individuals involved in cinematic activities.

Article 3. Interpretation of terms

1. State budget-funded film production project owner (below referred to as project owner) is an agency or a unit specified in Clause 2, Article 14 of the Law on Cinematography.

2. State budget-funded film production project management agency or unit (below referred to as project management agency) is an agency or a unit under the project owner that is assigned by the project owner to manage, or advise the project owner to manage, a film production project.

3. The Data System for Classification of Films in the Cyberspace is an application used by the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography to manage film classification by enterprises, non-business units and organizations that disseminate films in the cyberspace.

 

Chapter II

SPECIFIC PROVISIONS

Article 4. Acquisition of the ownership of, and the right to use, screenplays and films of high ideological and artistic values for the purpose of propaganda, education, research or storage and in service of political tasks

1. State agencies and organizations shall acquire the ownership of, or the right to use, screenplays and films of high ideological and artistic values for the purpose of propaganda, education, research or storage and in service of political tasks in the form of purchasing screenplays or films or receiving screenplays or films as gifts.

2. State agencies and organizations that purchase screenplays or films include:

a/ Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

b/ Central bodies of political organizations, socio-political organizations and socio-political-professional organizations.

3. Order and procedures for evaluating ideological and artistic values of an acquired screenplay or film:

a/ An agency or organization specified in Clause 2 of this Article shall establish a council for evaluation of ideological and artistic values of the screenplay or film. The Council shall work on the principles of centralization and democracy and discuss to reach a consensus. The Council shall be composed of at least 5 members (the number of members of the Council must be odd) of whom:

- The Chairperson is a representative of the leadership of the agency acquiring the ownership of, or the right to use, the screenplay or film;

- Other members are a representative of the agency acquiring the ownership of, or the right to use, the screenplay or film; experienced and professionally prestigious screenwriters, directors and cinema specialists, and holders of other appropriate titles who are selected by the agency acquiring the ownership of, or the right to use, the screenplay or film;

- The Secretary shall be decided by the agency acquiring the ownership of, or the right to use, the screenplay or film.

b/ Council members shall give comments on, and evaluate and score the screenplay or film on a 10-point scale with an increment of 0.5 according to the following criteria:

- High distinction: Giving a score of 9-10 in case the screenplay or film has profound ideological contents and high human values, is capable of generalizing major issues of the social life and demonstrating unique findings about the life and people, and is expressed in unique cinematic languages and high techniques;

- Distinction: Giving a score of 7.5-8.5 in case the screenplay or film has good ideological contents and human and social values and is expressed in good, attractive cinematic languages and techniques capable of creating attractiveness;

- Good: Giving a score of 6-7 in case in the screenplay or film has good ideological contents and certain social significance but shows limitations in cinematic languages and techniques;

- Average: Giving a score of 5.5 or lower in case the screenplay or film shows several limitations in ideological contents and cinematic languages and techniques.

c/ The score given by a Council member for the screenplay or film serves as a ground for advising the head of the agency acquiring the ownership of, or the right to use, the screenplay or film on evaluating ideological and artistic values of the screenplay or film.

d/ The head of the agency or organization acquiring the ownership of, or the right to use, the screenplay or film shall, based on advices of the Council, decide whether to purchase the screenplay or film or receive the screenplay or film as a gift and may purchase only screenplays and films evaluated as Good or higher (with an average score of 6 or higher).

dd/ The valuation (if any) before acquiring the ownership of, or the right to use, a screenplay or film for the purpose of propaganda, education, research or storage and in service of political tasks shall be carried out on the basis of negotiation between the organization or individual assigning the ownership of, or the right to use, the screenplay or film and the agency or organization acquiring the ownership of, or the right to use, the screenplay or film.

4. The acquisition of the ownership of, or the right to use, a screenplay or film in international relations activities shall be decided by the head of the agency acquiring the ownership of, or the right to use, the screenplay or film.

5. For screenplays and films in foreign languages, agencies or organizations acquiring the ownership of, or the right to use, screenplays and films shall organize the translation, editing and making of subtitles for use.

Article 5. Translation, editing and making of film subtitles in service of activities of introducing the Vietnamese country and people

1. State agencies and organizations that perform the tasks of translating, editing and making film subtitles in service of activities of introducing the Vietnamese country and people include:

a/ Ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees;

b/ Central bodies of political organizations, socio-political organizations and socio-political-professional organizations.

2. The translation, editing and making of film subtitles in service of activities of introducing the Vietnamese country and people must ensure:

a/ Efficiency, quality and proper purposes;

b/ Compliance with the law on copyright and related rights.

Article 6. Investment in and support for research in and application of scientific and technological advances in cinematic activities

1. To invest in cutting-edge technologies to serve cinematic activities and state management work.

2. To digitalize films, screenplays, data and other documents and build storage infrastructure systems of film archives and state management agencies in charge of cinematography.

3. To build and invest in infrastructure, technical equipment and cutting-edge technologies to serve data storage and statistics concerning cinematic activities.

4. To research in and apply artificial intelligence, big data systems, and advanced and modern scientific and technological achievements in line with cinematic development trends.

5. To modernize technologies and invest in specialized synchronous special-effect equipment and technical equipment, meeting conditions for film production, distribution and dissemination with modern technologies.

Article 7. Film production funded by the state budget

Films produced with state budget funds are specific cultural products, associated with copyright from creation to completion. Film production funded by the state budget is as follows:

1. For documentaries, scientific films and animated films on the topics of history, revolution, national leaders, great personalities, national heroes, children, highland, mountainous, border, island, and ethnic minority areas, and conservation and promotion of Vietnamese cultural values, which are produced under plans to serve political tasks:  ​​To apply the method of task assignment or order placement.

2. For feature films and cross-genre films:

a/ To apply the method of task assignment or order placement for films on the topics of history, revolution, national leaders, great personalities, national heroes, children, and highland, mountainous, border, island and ethnic minority areas, which are produced under plans to serve political tasks;

b/ To apply the method of bidding for films on the topic of conservation and promotion of Vietnamese cultural values, which are produced under plans to serve of political tasks.

Article 8. Process of selection of state budget-funded film production projects

Based on approved film production plans and the screenplay appraisal result of the Council for appraisal of screenplays for films produced with state budget funds, project owners and project management agencies shall select film production projects as follows:

1. In case of applying the method of task assignment or order placement:

a/ The film production establishment whose screenplay is selected shall compile a film production project dossier and send it to the project management agency for submission to the Council for selection of state budget-funded film production projects; the dossier must comprise:

- The documents required under regulations on assignment of tasks and placement of orders for production/provision of products and public services using the state budget.

- Documents proving the film production establishment’s financial capacity and production plan and schedule.

- Documents on film production cost estimates (in case of applying the method of task assignment) or planned price for ordering film production (in case of applying the method of order placement), including:

+ Total film production cost estimates;

+ A list of technical equipment (specifying their codes, features and technical specifications) serving the film production project (including available and to-be-rented equipment);

+ Payable wages and salaries.

- Film distribution and dissemination plan.

- Written commitment on the copyright of the screenplay.

- For a feature film or cross-genre film, the dossier must also comprise:

+ The screenplay, storyboard and film production plan;

+ A list of a number of creative job titles in the film crew, including director, screenwriter, cinematographer, and production manager.

- For a documentary, a scientific film or an animated film, the dossier must also comprise:

+ The screenplay and storyboards for setting groups;

+ A list of a number of creative job titles in the film crew, including director, screenwriter, painter (for animated films), cinematographer, and production manager.

b/ The Council for selection of state budget-funded film production projects shall be established by the project owner and receive and appraise the dossier according to regulations of the Minister of Culture, Sports and Tourism. The Council’s appraisal result shall be used to advise the project owner to consider and decide whether to select the state budget-funded film production project, and decide on the application of the method of task assignment or order placement, and in case of selecting the method of order placement, decide on the maximum price and specific price in accordance with the law on price;

c/ The project management agency shall sign a contract on ordering of film production with the cinematic establishment or propose the project owner to decide on assignment of the task to the cinematic establishment whose film production project is selected.

2. In case of applying the method of bidding, the bidding law shall apply and the dossier is specified as follows:

- The documents specified by the bidding law.

- Documents proving the film production establishment’s financial capacity and production plan and schedule.

- Documents on film production cost estimates, including:

+ Total cost estimates for film production;

+ A list of technical equipment (specifying their codes, features and technical specifications) serving the film production project (including available and to-be-rented equipment);

+ Payable wages and salaries.

- Film distribution and dissemination plan and profit-sharing plan.

+ Estimated distribution cost;

+ Estimated distribution revenue.

- A written commitment on the copyright of the screenplay.

- For a feature film or a cross-genre film, the dossier must also comprise:

+ The screenplay, storyboard and film production plan;

+ A list of a number of creative job titles in the film crew, including director, screenwriter, cinematographer, and production manager.

- For a documentary, a scientific film or an animated film, the dossier must also comprise:

+ The screenplay and storyboards for setting groups;

+ A list of a number of creative job titles in the film crew, including director, screenwriter, painter (for animated films), cinematographer, and production manager.

Article 9. Percentage of Vietnamese film screenings, timeframe for screening Vietnamese films, and time and timeframe for screening films for children in cinemas

1. Vietnamese films must be screened in cinemas, especially in film events during major national holidays or in service of political tasks or social activities or foreign affairs work at the request of competent state agencies.

2. To prioritize the screening of Vietnamese films in the timeframe of 18:00-2:00.

3. The percentage of Vietnamese film screenings in cinemas is specified according to a roadmap as follows:

a/ Stage 1: From January 1, 2023, to the end of December 31, 2025, the percentage of Vietnamese film screenings in cinemas must reach at least 15% of the total number of screenings in the year;

b/ Stage 2: From January 1, 2026 onward, the percentage of Vietnamese film screenings in cinemas must reach at least 20% of the total number of screenings in the year.

4. The showtime for films for under-13 children in cinemas ends before 22:00, and for under-16 children, before 23:00.

Article 10. Ticket exemption and ticket price reduction for elderly people, people with disabilities, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects as prescribed by law

1. Elderly people, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects as prescribed by law are entitled to a reduction of at least 20% of ticket prices when buying cinema tickets for themselves.

2. People with extremely severe disabilities are exempt from tickets; people with severe disabilities are entitled to a reduction of at least 50% of ticket prices when buying cinema tickets for themselves.

Article 11. Ratio of broadcast time of Vietnamese films to that of foreign films, timeframe for broadcasting Vietnamese films, time and timeframe for broadcasting films for children on domestic television channels that broadcast films

1. The broadcasting of Vietnamese films on domestic television channels must comply with the following regulations:

a/ To increase the broadcast time of Vietnamese films during major national holidays and in service of political tasks or social activities or foreign affairs work;

b/ To broadcast Vietnamese films at the request of competent state agencies to celebrate major national holidays and serve political tasks or social activities or foreign affairs work.

2. To prioritize the broadcasting of Vietnamese films in the timeframe of 18:00-22:00.

3. The broadcast time of Vietnamese films on television channels is specified according to the following roadmap:

a/ Stage 1: From January 1, 2023, to the end of December 31, 2025, the broadcast time of Vietnamese films must reach at least 15% of the total broadcast time of films on domestic television channels, except on-demand television services in the cyberspace of press agencies that possess a television operation license;

b/ Stage 2: From January 1, 2026 onward, the broadcast time of Vietnamese films must reach at least 20% of the total broadcast time of films on domestic television channels, except on-demand television services in the cyberspace of press agencies that possess a television operation license;

4. To prioritize the broadcasting of films for children in the timeframe of 18:00-22:00. The broadcast time of films for under-16 children must reach at least 5% of the total broadcast time of films on domestic television channels.

Article 12. Conditions for film classification for dissemination in the cyberspace

1. Conditions for film classification for dissemination in the cyberspace:

a/ Having a film classification council or having technical software or a mechanism to classify films according to Vietnam’s regulations on film classification and taking responsibility for film classification results;

b/ Having a plan to modify and update film classification results at the request of the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography. Administration tools must support the classification of films by each criterion and flexibly display immediately after the change in film classification is updated;

c/ Having a technical plan and process of suspending or removing films at the request of the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography. Upon receiving a request for removal of a film, the operator shall implement the process to remove the film on the administration tool.

2. A dossier of request for recognition of eligibility for film classification for dissemination in the cyberspace:

a/ The documents providing information on the focal point and contact address for receiving and handling requests from the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography;

b/ An explanatory report on the matters specified in Clause 1 of this Article.

3. Order and procedures for requesting recognition of eligibility for film classification for dissemination in the cyberspace:

a/ An enterprise, a non-business unit or an organization that disseminates films in the cyberspace shall submit via the National Public Service Portal or by post or hand-deliver 1 dossier set to the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography;

b/ Within 15 days after receiving a complete and valid dossier, the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography shall issue a written reply and publicize the name of the enterprise, non-business unit or organization that is eligible for film classification in the cyberspace on the Data System for Classification of Films in the Cyberspace; in case the dossier is unqualified, such agency shall make a written reply, clearly stating the reason.

4. In case of changing the information specified at Point a, Clause 2 of this Article, enterprises, non-business units and organizations that disseminate films in the cyberspace shall send a notice of the change(s) to the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography. Within 5 working days after receiving the notice, if disagreeing with the change(s), the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography shall make a written reply, clearly stating the reason.

In case of changing the information specified at Point b, Clause 2 of this Article, enterprises, non-business units and organizations that disseminate films in the cyberspace shall comply with the order and procedures specified in Clause 3 of this Article.

5. In case film classification results of an enterprise, a non-business unit or an organization eligible for film classification for dissemination in the cyberspace are detected through inspection to be inconsistent with classification results of the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography, the enterprise, non-business unit or organization shall:

a/ Modify and update film classification results at the request of the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography;

b/ Be regarded as being ineligible for film classification in case its film classification results are inconsistent with film classification results of the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography for more than 5 times in a month, for films of Categories P, T18, T16 and T13, or twice in 6 months, for films of Category C; in this case, film classification must comply with Point b, Clause 2, Article 21 of the Law on Cinematography;

After 3 months, the enterprise, non-business unit or organization shall comply with the provisions of Clauses 2 and 3 of this Article to continue conducting film classification.

Article 13. Notification of the list of films to be disseminated and film classification results to the Ministry of Culture, Sports and Tourism before disseminating films in the cyberspace

Enterprises, non-business units and organizations disseminating films in the cyberspace shall notify the list of films to be disseminated and film classification results via the Data System for Classification of Films in the Cyberspace of the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography before disseminating films in the cyberspace.

Article 14. Deployment of necessary technical measures by enterprises, non-business units and organizations disseminating films in the cyberspace

1. Enterprises, non-business units and organizations disseminating films in the cyberspace shall establish the following necessary technical measures for children’s parents or guardians to be able to control, manage, and ensure children’s watching of age-appropriate films:

a/ To set up the mechanism of multi-user account with child profile(s) under which each user profile must have a separate password, switching between profiles is subject to verification and viewing history and behaviors of the child profile(s) must be notified to the account owner;

b/ To display an age verification popup upon access to films labeled not for children;

c/ To deploy other similar measures.

2. Enterprises, non-business units and organizations disseminating films in the cyberspace shall set up necessary technical measures and display a box on the display screen for reporting inappropriate contents or contents inappropriate with their age-based ratings to enable service users to make complaints, give feedback and send reports on violating films to such enterprises, non-business units and organizations when they have reasons for giving feedback in the following cases:

a/ There are contents or acts that violate Article 9 of the Law on Cinematography;

b/ The technical measures specified in Clause 1 of this Article violate relevant laws;

c/ There are other illegal acts related to the dissemination of films in the cyberspace of enterprises, non-business units and organizations disseminating films in the cyberspace.

3. Responsibilities of enterprises, non-business units and organizations disseminating films in the cyberspace when deploying necessary technical measures:

a/ To publicize instructions of use of the technical measures specified in Clauses 1 and 2 of this Article in their applications or on their websites for disseminating films in the cyberspace;

b/ To ensure the clarity, transparency and user-friendliness of the technical measures specified in Clauses 1 and 2 of this Article;

c/ To handle feedback, complaints and reports of service users within 48 hours after receiving them if the complaints, feedback and reports are backed by specific and obvious grounds, and enclosed with contact information of the service users.

Article 15. Designation of points of contact and provision of contact information for receipt and handling of state management agencies’ requests

1. An enterprise, a non-business unit or an organization disseminating films in the cyberspace shall provide the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography with the following information:

a/ Name of the enterprise, non-business unit or organization;

b/ Point of contact: name of the agency, organization or representative in Vietnam, email address and phone number.

2. After receiving a request from the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography, enterprises, non-business units and organizations disseminating films in the cyberspace shall suspend or remove violating films within 24 hours, for films with the prohibited contents specified in Article 9 of the Law on Cinematography and other relevant laws, or within 3-5 days, for films with other violating contents.

Article 16. Responsibilities of organizations and enterprises possessing digital communications platforms in removal and prevention of violating films

1. To deploy necessary technical measures to prevent and remove the violating films specified in Article 9 of the Law on Cinematography and other relevant laws.

2. To prevent and remove violating films within 24 hours after receiving a request from the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography.

3. To comply with the law on copyright and related rights in case the violating films’ contents are related to infringement upon copyright and related rights.

Article 17. Responsibilities of organizations and enterprises possessing telecommunications networks

Organizations and enterprises possessing telecommunications networks have the following obligations:

1. In case of detecting that films disseminated in the cyberspace have contents violating law and affecting Vietnam’s national security, the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography may request organizations and enterprises possessing telecommunications networks to immediately take measures to prevent access to the violating films. The preventive measures shall be removed only after the violations are handled as requested by the competent state agency.

2. Within 3 hours after receiving a request from the Ministry of Culture, Sports and Tourism’s competent state agency in charge of cinematography, organizations and enterprises shall deploy necessary technical measures to prevent access to violating films.

3. To comply with the law on copyright and related rights in case the contents of violating films are related to infringement upon copyright and related rights.

Article 18. Local state agencies competent to receive notices of public film screenings

1. Provincial-level People’s Committees shall receive notices of public film screenings of theaters, cultural houses, exhibition halls, cultural centers, clubs, stadiums, gymnasiums, and public squares.

2. District-level People’s Committees shall receive notices of public film screenings of accommodation service establishments, catering service establishments, dance halls, stores, shops, and other public venues.

Article 19. Conditions for Vietnamese agencies and organizations to organize film festivals, specialized and thematic film festivals, film awards, film contests, film programs and film weeks in Vietnam

If wishing to organize a film festival, specialized or thematic film festival, film award, film contest, film program or film week in Vietnam, a Vietnamese agency or organization specified in Clause 2, Article 38 of the Law on Cinematography must satisfy the following conditions:

1. The agency’s or organization’s business registration or functions and tasks is/are related to cinematic activities or it is assigned or approved to organize the event by a competent authority.

2. The head of the agency or organization has at least 5 years’ experience in cinematic activities. In case the agency’s or organization’s head does not meet such above condition, the agency or organization must cooperate with an agency or organization meeting the condition specified in Clause 1 of this Article whose head meets the condition of at least 5 years’ experience in cinematic activities.

3. The agency or organization is financially capable for organizing the film festival, specialized or thematic film festival, film award, film contest, film program or film week in Vietnam.

4. The agency or organization formulates and sends a scheme on organization of the film festival, specialized or thematic film festival, film award, film contest, film program or film week in Vietnam, together with the notice specified at Point c, Clause 1, Article 38 of the Law on Cinematography, to the Ministry of Culture, Sports and Tourism.

Article 20. Establishment of the Cinematography Development Support Fund

1. The Cinematography Development Support Fund shall operate as a single-member limited liability company with the State holding 100% of the charter capital and the Ministry of Culture, Sports and Tourism acting as the owner’s representative.

2. The Cinematography Development Support Fund shall be established from the following sources:

a/ Allocations from the state budget to create the Fund’s charter capital. The allocation of charter capital shall be carried out after the Prime Minister decides on the establishment, and approves the organization and operation charter of the Fund;

b/ Voluntary contributions and donations of domestic and foreign agencies, organizations and individuals, and other lawful revenues;

c/ Interests from the Fund’s bank deposits;

d/ Other lawful sources in accordance with law.

 

Chapter III

IMPLEMENTATION PROVISIONS

Article 21. Implementation provisions

1. This Decree takes effect on January 1, 2023.

2. This Decree replaces the Government’s Decree No. 54/2010/ND-CP of May 21, 2010, detailing a number of articles of Law No. 62/2006/QH11 on Cinematography, and Law No. 31/2009/QH12 Amending and Supplementing a Number of Articles of the Law on Cinematography.

3. To annul Article 3 of the Government’s Decree No. 142/2018/ND-CP of October 9, 2018, amending a number of provisions on business investment conditions falling under the state management of the Ministry of Culture, Sports and Tourism.

4. To annul Point b, Clause 1, Article 8, and the phrase “film’s summary translation” at Point b, Clause 2, Article 9 of the Government’s Decree No. 32/2012/ND-CP of April 12, 2012, on the management of import and export of publications for non-commercial purposes.

5. To annul the Government’s Decree No. 22/2022/ND-CP of March 25, 2022, amending and supplementing a number of articles of the Government’s Decree No. 32/2012/ND-CP of April 12, 2012, on the management of import and export of publications for non-commercial purposes.

6. Films which were disseminated in the cyberspace before December 31, 2023, must complete the addition of warnings and displays of film ratings to viewers by January 1, 2024, for further dissemination.

Article 22. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
VU DUC DAM

 

[1] Công Báo Nos 17-18 (14/01/2023)a

 

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Decree No. 128/2022/ND-CP dated December 30, 2022 of the Government amending and supplementing a number of articles of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising, amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising

Decree No. 128/2022/ND-CP dated December 30, 2022 of the Government amending and supplementing a number of articles of the Government's Decree No. 38/2021/ND-CP dated March 29, 2021 on sanctioning of administrative violations related to culture and advertising, amended and supplemented by the Government's Decree No. 129/2021/ND-CP dated December 30, 2021 amending and supplementing a number of articles of Decrees on sanctioning of administrative violations related to tourism; sport; copyright and related rights; culture and advertising

Administrative violation , Commerce - Advertising , Culture - Sports - Tourism

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