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

________

No. 131/2022/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

_________________________

Hanoi, December 31, 2022

DECREE

Detailing a number of articles of the Law on Cinematography

________________

 

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

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

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

The Government hereby 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, dd Clause 2, Point a Clause 3 and Clause 4 Article 21; Clause 2 Article 22; Clause 2 Article 38; Clause 2 Article 42 of the Law on Cinematography, including:

1. Acquiring ownership of, and right to use, screenplays and films of high ideological and artistic value for the purposes of public communication, education, research, archive and performance of political tasks; editing, translating and making subtitles for films for the purpose of introducing the Vietnamese country and people.

2. Researching and applying scientific and technological advances in cinematic activities.

3. Producing films funded by the state budget to serve political tasks carried out in the form of task assignment, order placement or bidding; process of selecting film production projects.

4. Ratio of screening Vietnamese films, time frame for screening Vietnamese films, and amount of time and time frame for screening films for children which are screened in cinemas.

5. Exempting or reducing ticket prices for the elderly, 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 Vietnamese film broadcasting time to that of foreign films, the time and timeframe for broadcasting Vietnamese films, the amount of time and timeframe for broadcasting films for children on domestic television channels.

7. Conditions for classification of films for dissemination in the cyberspace.

8. Notifying 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. Taking necessary technical measures and instructions for children’s parents or guardians to self-control, manage, and ensure age-appropriate films disseminated in the cyberspace for children, and for service users to report on films violating the provisions of the Law on Cinematography.

10. Providing information on the focal points and contact addresses to receive and process requests of state management agencies, and settle feedback, complaints and denunciations of service users.

11. Implementing technical solutions and coordinating with competent state management agencies in removing and preventing violating films.

12. Obligations to prevent access to violating films at the competent state agencies’ request of organizations and enterprises that have telecommunications networks.

13. State agencies competent to receive notices of public film dissemination.

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

15. Cinematography Development Support Fund.

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals participating in cinematic activities in Vietnam and abroad; foreign organizations and individuals participating in cinematic activities in Vietnam, and state management agencies in charge of cinematography, agencies, organizations and individuals related to cinematic activities.

Article 3. Interpretation of terms

1. Owners of state budget-funded film production projects (hereinafter referred to as project owners) include agencies and units specified in Clause 2 Article 14 of the Law on Cinematography.

2. Agencies and units managing state budget-funded film production projects (hereinafter referred to as project management agencies) include agencies and units affiliated to the project owners that have the functions of managing, advising and consulting the project owners to manage film production projects as assigned by the project owners.

3. System of data on classification of films in the cyberspace means the competent state agency's cinematography application of the Ministry of Culture, Sports and Tourism, used to manage the classification of films of enterprises, non-business units and organizations that disseminate films in the cyberspace.

 

Chapter II
SPECIFIC PROVISIONS

 

Article 4. Acquiring ownership of, and right to use, screenplays and films of high ideological and artistic value for the purposes of public communication, education, research, archive and performance of political tasks

1. State organizations and agencies shall acquire the ownership of, and right to use, screenplays and films of high ideological and artistic value for the purposes of public communication, education, research, archive and performance of political tasks in the form of purchase or donation of screenplays or films.

2. State organizations and agencies that buy 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-politico-professional organizations.

3. Order and procedures for assessment of screenplays’ or films’ ideological or art values are prescribed as follows:

a) Agencies and organizations specified in Clause 2 of this Article shall establish a Council for assessment of screenplays’ or films’ ideological or art values. The Council works on the principle of concentration, democracy and discussion to reach an agreement, and consists of at least 05 members (odd number), including:

- Chairperson of the Council is the leader representing the agency acquiring the ownership of, and right to use, screenplays or films;

- Other members of the Council are representatives of the agency acquiring the ownership of, and right to use, screenplays or films; screenwriters, directors, cinematic experts with professional reputation and experience, and other appropriate titles selected by the agency acquiring such ownership or right;

- The Council secretary shall be decided by the agency acquiring such ownership or right.

b) Members of the Council shall comment and assess the screenplays or films, score them according to the 10-point scale, with the multiple of 0.5 according to the following criteria:

- Outstanding: Scoring from 9.0 to 10 for a screenplay or film with profound ideological content, high humanistic values, generalizing major issues of social life, and unique discoveries about life and human; high and unique cinematic language and technology;

- Excellent: Scoring from 7.5 to 8.5 for a screenplay or film with good ideological content, humanity and social values; good cinematic language and technique, creating attractiveness;

- Good: Scoring from 6.0 to 7.0 for a screenplay or film with good ideological content and certain social significance; limited cinematic language and techniques;

- Average: Scoring 5.5 or lower for a screenplay or film with ideological content, cinematic language, and techniques with many limitations.

c) The score given by members of the Council to a screenplay or film shall be used as a basis for advising the head of the agency acquiring the ownership or right to assess the screenplays’ or films’ ideological or art values.

d) The head of the agency or organization receiving the ownership or right shall, based on the advice of the Consultancy Council, decide to purchase or receive the donation of a screenplay or film, and only purchase a screenplay or film with the assessment criteria Good or higher (with an average score of 6.0 or higher).

dd) The valuation (if any) before receiving the ownership of, or the right to use a screenplay or film for the purposes of public communication, education, research, archive and performance of political tasks shall be carried out on the basis of agreement between the acquiring organization or individual and the agency or organization acquiring the ownership of, or the right to use the screenplay or film.

4. In case of acquiring the screenplays or films in international relations activities, the decision shall be made by the head of the agency or organization acquiring the ownership of, or the right to use such screenplays or films.

5. In case the screenplays or films use a foreign language, the agency or organization acquiring the ownership of, or the right to use such screenplays or films shall translate, edit and make subtitles for the screenplays or films.

Article 5. Editing, translating and making subtitles for films for the purpose of introducing the Vietnamese country and people

1. State organizations and agencies organizing the editing, translation and making of subtitles for films for the purpose 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-politico-professional organizations.

2. The editing, translation and making of subtitles for films for the purpose of introducing the Vietnamese country and people must ensure:

a) Efficiency, quality and proper purposes;

b) Compliance with the law on copyright and relevant rights.

Article 6. Investment and support in researching and applying scientific and technological advances in cinematic activities

1. To invest in advanced technology for cinematic activities and state management.

2. To digitize films, screenplays, data and other documents and develop the storage infrastructure system of film archive establishments and state management agencies in charge of cinematography.

3. To develop and invest in infrastructure systems, technical equipment and advanced technologies in service of the archiving and statistics of cinematic activity data.

4. To research and apply artificial intelligence, big data systems, advanced and modern scientific and technological achievements in line with the trend of cinematography development.

5. To modernize technologies and invest in complete and special-use effect-producing and technical equipment sufficient for producing, disseminating and distributing films with modern technologies.

Article 7. Film production funded by the state budget

Films funded by the state budget are particular cultural products, associated with the copyright from the stage of writing to completing. The production of films funded by the state budget is prescribed as follows:

1. For documentaries, science films and animated films under plans to serve political tasks on the themes of history, revolution, national leaders, great personalities, national heroes, children, highland, mountainous, border and island areas, ethnic minority areas, and conservation and promotion of Vietnamese cultural values, the production shall be carried out in the form of task assignment or order placement.

2. For feature films and genre-hybrid films:

a) The production of films under plans to serve political tasks on the themes of history, revolution, national leaders, great personalities, national heroes, children, highland, mountainous, border and island areas, ethnic minority areas shall be carried out in the form of task assignment or order placement;

b) The production of films under plans to serve political tasks on conservation and promotion of Vietnamese cultural values shall be carried out in the form of bidding.

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

Based on the approved film production plans and screenplay assessment results of the appraisal council for film production screenplay funded by the state budget, the project owner and project management agency shall organize the selection of film production projects as follows:

1. Regarding the form of task assignment and order placement:

a) The cinematic establishment producing films that have selected screenplay shall compile a film production project dossier and send it to the project management agency for submission to the Council selecting state budget-funded film production projects, including:

- A dossier as prescribed by the law on task assignment and order placement of public products and services using the state budget.

- A dossier proving financial capacity, production plan and schedule.

- Cost estimate for film production (for the form of task assignment) or the plan for order placement of film production (for the form of order placement), including:

+ Total cost estimate for film production;

+ The list of technical equipment (specifying symbol code, functions, parameters) serving the film production project (including available and hired equipment);

+ Remuneration and salary.

- A plan for dissemination and distribution of film.

- A written commitment on the copyright toward the screenplay.

- A dossier for feature films or genre-hybrid films comprises:

+ The screenplay, shooting script and film production plan;

+ A list of a number of titles writing cinematographic works, including director, screenwriter, cameraman, film production manager.

- A dossier for documentaries, science films and animated films comprises:

+ The screenplay, shooting script of setting clusters;

+ A list of a number of titles writing cinematographic works, including director, screenwriter, artist (for animated films), cameraman, film production manager.

b) The Council selecting state budget-funded film production projects that is established by the project owner shall receive the dossier and conduct appraisal in accordance with regulations of the Minister of Culture, Sports and Tourism. The appraisal results given by the Council shall be used to advise the project owner to consider and decide on selecting the state budget-funded film production project, decide on selecting the form of task assignment or order placement. In case of selecting the form of order placement, the maximum price and specific price shall be decided in accordance with the law on price;

c) The project management agency shall enter into an agreement for ordering the film production with the cinematic establishment or propose the project owner to decide on assigning tasks for the cinematic establishment with the selected film production project.

2. Regarding the form of bidding, the law on bidding shall be applied and the dossier is prescribed as follows:

- A dossier made according to the law on bidding.

- A dossier proving financial capacity, production plan and schedule.

- Cost estimates for film production include:

+ Total cost estimate for film production;

+ The list of technical equipment (specifying symbol code, functions, parameters) serving the film production project (including available and hired equipment);

+ Remuneration and salary.

- A plan for dissemination and distribution of film, and profit distribution plan.

+ Estimated cost for dissemination;

+ Estimated revenue from dissemination.

- A written commitment on the copyright toward the screenplay.

- A dossier for feature films or genre-hybrid films comprises:

+ The screenplay, shooting script and film production plan;

+ A list of a number of titles writing cinematographic works, including director, screenwriter, cameraman, film production manager.

- A dossier for documentaries, science films and animated films comprises:

+ The screenplay, shooting script of setting clusters;

+ A list of a number of titles writing cinematographic works, including director, screenwriter, artist (for animated films), cameraman, film production manager.

Article 9. Ratio of screening Vietnamese films, time frame for screening Vietnamese films, and amount of time and time frame for screening films for children in cinema systems

1. 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.

2. Vietnamese films must be prioritized to be screened in the timeframe from 18 hours to 22 hours.

3. Ratio of screening Vietnamese films in the cinema system must follow the below roadmap:

a) Stage 1: 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%;

b) Stage 2: From January 01, 2026, the ratio of screening Vietnamese films to total film shows in the year must be at least 20%.

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

Article 10. Exempting or reducing ticket prices for the elderly, people with disabilities, people with meritorious services to the revolution, children, people in extremely difficult circumstances and other subjects specified by law

1. 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.

2. 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.

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

1. Vietnamese films broadcast on domestic television channels must be:

a) Increased in terms of the amount of time for broadcasting on the occasion of big anniversaries of the country and for political, social and foreign-relation tasks;

b) Broadcast under the competent state agencies’ requirements on the occasion of big anniversaries of the country and for political, social and foreign-relation tasks.

2. Vietnamese films must be prioritized to be broadcast in the timeframe from 18 hours to 22 hours.

3. The amount of time for broadcasting Vietnamese films on television channels must follow the below roadmap:

a) Stage 1: From January 01, 2023, to the end of December 31, 2025, the amount of time for broadcasting Vietnamese films to the total amount of time for broadcasting films on domestic television channels, except for on-demand television services in the cyberspace of press agencies licensed for television operations, must be at least 15%;

b) Stage 2: From January 01, 2026, the amount of time for broadcasting Vietnamese films to the total amount of time for broadcasting films on domestic television channels, except for on-demand television services in the cyberspace of press agencies licensed for television operations, must be at least 20%.

4. Films for children must be prioritized to be broadcast in the timeframe from 18 hours to 22 hours.  The amount of time for broadcasting films for under-16 children to the total amount of time for broadcasting films on domestic television channels must be at least 5%.

Article 12. Conditions for classification of films for dissemination in the cyberspace

1. Conditions for classification of films for dissemination in the cyberspace include:

a) Having a Council for classification of films or having technical software or a mechanism to carry out the film classification under Vietnam’s regulations on film classification, and take responsibility for the film classification results;

b) Having a plan for amending and updating the film classification results at the request of the competent state agencies in charge of cinematography under the Ministry of Culture, Sports and Tourism. Administration tools must support the film classification according to each criterion and flexibly display immediately after the classification changes to the film are updated;

c) Having a technical plan and the procedures for suspending the dissemination of, or removing, the film at the request of the competent state agencies in charge of cinematography under the Ministry of Culture, Sports and Tourism. After receiving the request for removal of the film, the operation department shall carry out such procedures to remove the film on the administration tools.

2. A dossier of request for recognition of the eligibility for classification of films disseminated in the cyberspace comprises:

a) Documents providing clues and contact information to receive and handle requests of competent state agencies in charge of cinematography under the Ministry of Culture, Sports and Tourism;

b) A report explaining the contents as prescribed in Clause 1 of this Article.

3. Order and procedures for request for recognition of the eligibility for classification of films disseminated in the cyberspace:

a) An enterprise, non-business unit or organization that disseminates films in the cyberspace shall submit 01 set of dossiers via the national public service portal or by post or directly to a competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism;

b) Within 15 days from the day on which the complete and valid dossier is received, the competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism shall receive the report, reply in writing and publicize the name of an enterprise, non-business unit or organization eligible for film classification in the cyberspace on the data system for classification of films in the cyberspace. In case the dossier is not eligible, a written reply must be given clearly stating the reason.

4. In case of changes to the contents specified at Point a, Clause 2 of this Article, an enterprise, non-business unit or organization that disseminates films in cyberspace shall be responsible for sending a notice of the changed contents to the competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism. Within 05 working days from the date of receipt of the notice, in case of refusal, the competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism must reply in writing and clearly state the reason for the refusal.

In case of changes to the contents specified at Point b, Clause 2 of this Article, an enterprise, non-business unit or organization that disseminates films in the cyberspace must re-carry out the order and procedures specified in Clause 3 of this Article.

5. In case an enterprise, non-business unit, or organization is eligible to classify films disseminated in the cyberspace, whose film classification results are inconsistent with the results inspected by the competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism:

a) It shall amend and update the film classification results at the request of the competent state agencies in charge of cinematography under the Ministry of Culture, Sports and Tourism;

b) It is considered that the conditions for film classification have not yet been met when the classification results or display results of the classification do not match the film classification results of the competent state agencies in charge of cinematography under the Ministry of Culture, Sports and Tourism more than 05 times within 01 month for Category P, Type T18, Category T16, Category T13, and 02 times in 06 months for Category C, the film classification must be carried out according to the provisions of Point b, Clause 2, Article 21 of the Law on Cinematography;

After 03 months, it shall comply with the provisions of Clauses 2 and 3 of this Article to continue the film classification.

Article 13. Notifying the list of films to be disseminated and the results of film classification 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 announce the list of films to be disseminated and the results of film classification through the data system for classification of films in the cyberspace of the competent state agencies in charge of cinematography under the Ministry of Culture, Sports and Tourism before disseminating films in the cyberspace.

Article 14. Taking 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 must establish necessary technical measures so that children's parents or guardians are able to use such technical measures to control, manage and ensure that their children watch age-appropriate movies by one of the following measures:

a) Building a multi-user account mechanism, including accounts specifically for children, in which: accounts must be password protected, have a confirmation mechanism when switching accounts, and have a mechanism to report to the account holders about the viewing history and behavior of children's accounts;

b) When accessing films labeled not for children, there will be a message showing confirmation of the age of access;

c) Other measures of similar nature.

2. Enterprises, non-business units and organizations disseminating films in the cyberspace must take necessary technical measures, display the report of inappropriate content in the content presentation screen or content unsuitable for the user age classification which is labeled for service users to complain and report violating films against those enterprises, non-business units, and organizations if they have a reason to respond in the following cases:

a) There are contents and acts of violation specified in Article 9 of the Law on Cinematography;

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

c) Other violations of the law related to the dissemination of films in the cyberspace of enterprises, non-business units and organizations conducting the activities of dissemination of films in the cyberspace.

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

a) To publish instructions to use the technical measures specified in Clauses 1 and 2 of this Article on their applications or websites for dissemination of films in the cyberspace;

b) To ensure that the technical measures specified in Clauses 1 and 2 of this Article are clear, transparent and easy to use;

c) To handle feedbacks, complaints and reports of service users within 48 hours after receiving the feedback, complaints or reports if the feedbacks, complaints or reports have specific and clear grounds with contact information of the service users.

Article 15. Providing information on the focal points and contact addresses to receive and process requests of state management agencies

1. An enterprise, non-business unit or organization that disseminates films in the cyberspace must provide the following information to the competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism:

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

b) Contact point: name of the agency, organization or representative in Vietnam, email address, contact phone number.

2. An enterprise, non-business unit or organization disseminating films in the cyberspace, after receiving requests, must stop and remove the violating films within 24 hours, for films with content strictly prohibited under Article 9 of the Law on Cinematography and other relevant laws, within 03 to 05 days for other violating contents at the request of the competent state agency in charge of cinematography under the Ministry of Culture. Culture, Sports and Tourism.

Article 16. Responsibility of organizations and businesses with digital media platforms in removing and preventing violating films

1. To take necessary technical solutions to prevent and remove films that violate the provisions of Article 9 of the Law on Cinematography and other relevant laws.

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

3. The contents of the films violating regulations on copyright or related rights shall comply with the law on copyright and related rights.

Article 17. Responsibilities of organizations and enterprises having telecommunications networks

Organizations and enterprises having telecommunications networks must ensure the performance of the following obligations:

1. In case of detecting that a film disseminated in the cyberspace has content that violates the law and affects Vietnam's national security, the competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism may request the organizations and enterprises with telecommunications networks to immediately take measures to prevent access to such film. The preventive measures can only be removed after violations have been handled at the request of the competent state agency.

2. Taking necessary technical measures to prevent access to the violating film at the request of the competent state agency in charge of cinematography under the Ministry of Culture, Sports and Tourism, completing within 03 hours after receiving the request.

3. The contents of the films violating regulations on copyright or related rights shall comply with the law on copyright and related rights.

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

1. Provincial-level People's Committees shall receive notices from theatres, cultural houses, exhibition halls, cultural centers, clubs, stadiums, gymnasiums, public squares.

2. District-level People's Committees shall receive notices from accommodation service establishments, catering service establishments, dance halls, stores, shops and other public places.

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

Vietnamese agencies and organizations specified in Clause 2, Article 38 of the Law on Cinematography that organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks in Vietnam must meet the following conditions:

1. Having business registration or having functions and tasks related to cinematic activities or the organization is assigned or approved by a competent authority.

2. The head of the agency or organization must have at least 05 years of experience in cinematic activities. If the head of an agency or organization fails to satisfy this condition, he/she must cooperate with the agency or organization specified in Clause 1 of this Article that is led by a person with at least 05 years of experience in cinematic activities.

3. Having a financial capacity for the organization of film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks in Vietnam.

4. Having a project to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs and film weeks in Vietnam, and sending it and a notice to the Ministry of Culture, Sports and Tourism in accordance with Point c, Clause 1, Article 38 of the Law on Cinematography.

Article 20. Establishment of the Cinematography Development Support Fund

1. The Cinematography Development Support Fund operates under the model of a single-member limited liability company in which 100% of the charter capital is held by the State and the Ministry of Culture, Sports and Tourism is the owner's representative.

2. The Cinematography Development Support Fund is formed from the following sources:

a) The charter capital of the Cinematography Development Support Fund is provided by the state budget. The funding shall be effected after the Prime Minister decides to establish and approves the organization and operation charter of the Fund;

b) Mobilizing voluntary contributions and donations from domestic and foreign agencies, organizations and individuals and other lawful sources of income;

c) Interests from the Fund's deposits at banks;

d) Other lawful revenue sources as prescribed by law.

 

Chapter III
IMPLEMENTATION PROVISIONS

 

Article 21. Implementation provisions

1. This Decree takes effect from January 01, 2023.

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

3. To repeal the provisions of Article 3 of the Government’s Decree No. 142/2018/ND-CP dated October 09, 2018, amending a number of provisions on business investment conditions under the management of the Ministry of Culture, Sports and Tourism.

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

5. To repeal the Government's Decree No. 22/2012/ND-CP dated 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 management of the export and import of cultural products for non-commercial purposes.

6. For films disseminated in the cyberspace before December 31, 2023, by January 01, 2024, they must display warnings and film ratings to audiences in order to continue to be disseminated.

Article 22. Implementation responsibility

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

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

THE DEPUTY PRIME MINISTER

 

Vu Duc Dam

 

 

 

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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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