Law on Cinematography, Law No. 05/2022/QH15

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ATTRIBUTE Law on Cinematography

Law No. 05/2022/QH15 dated June 15, 2022 of the National Assembly on Cinematography
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:05/2022/QH15Signer:Vuong Dinh Hue
Type:LawExpiry date:Updating
Issuing date:15/06/2022Effect status:
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Fields:Culture - Sports - Tourism

SUMMARY

The foreign investors’ holding must not exceed 51% of the charter capital of a cinematic enterprise

On June 15, 2022, the National Assembly issues the Law No. 05/2022/QH15 on Cinematography.

Accordingly, foreign organizations and individuals may enter into investment cooperation with Vietnamese cinematic establishments to produce, distribute and disseminate films in accordance with the law on investment in the following forms: Establishing foreign-invested economic organizations, contributing capital, buying shares or buying capital contribution portions, in which the foreign investors’ holding must not exceed 51% of the charter capital; Entering into business cooperation contracts. Cultural houses, film screening units, clubs and public film screening associations, and mobile film screening teams of Vietnam may neither enter into business cooperation contracts nor set up joint ventures with foreign service providers.

Besides, cinematic activities with the following contents are prohibited: Violating the Constitution and laws; inciting opposition to, or sabotaging the implementation of the Constitution and laws; Displaying in detail obscene, depraved or incestuous images, sounds and speeches; Violating lawful rights and interests of children and minors; Violating the principles of gender equality or committing gender bias or gender-based discrimination; Spreading and supporting terrorism and extremism; Inciting or offending beliefs or religions; propagating or promoting illegal belief and religious activities; etc.

Additionally, a press agency permitted to disseminate films in the television system must satisfy the following conditions: Having a television operation license in accordance with the law on press; Having a broadcasting decision for dissemination of films in the Vietnamese television system or dissemination of films on on-demand television service packages or on-demand television services in the cyberspace.

This Law takes effect on January 01, 2023.

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TTXVN

THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 05/2022/QH15

 

 

 

LAW

ON CINEMATOGRAPHY[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Cinematography.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides cinematic activities; rights, obligations and responsibilities of agencies, organizations and individuals participating in cinematic activities; and state management of cinematography.

Article 2. Subjects of application

1. Vietnamese agencies, organizations and individuals participating in cinematic activities in Vietnam and abroad.

2. Foreign organizations and individuals participating in cinematic activities in Vietnam.

3. State management agencies in charge of cinematography; and agencies, organizations and individuals related to cinematic activities.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Cinematography means a general art applying audio-visual technology and creative methods to produce films.

2. Film means a cinematographic work whose content is expressed by sequential moving images or images created by technical and technological equipment, with or without sound and other effects according to the principles of cinematographic language, and recorded on assorted materials by digital technology or other technical devices and disseminated to audiences; films include feature films, documentaries, science films, animated films, and genre-hybrid films.

Films do not include video recordings for the purpose of disseminating news on radio and television services and the cyberspace; art performances, video games; video recordings of activities of one or more than one person, depicting actual events or circumstances, and reality programs.

3. Cinematic activities include film production, film distribution, film dissemination, cinematography promotion and development, film mandatory deposit, film archive, and training of human resources of the cinema industry.

4. Film industry means a creative industry in the field of culture, employing artistic talents and utilizing cultural potential in combination with technology and business skills to create cinematographic works and provide cinematic services.

5. Cinematic establishment means an enterprise, a non-business unit or an organization of another type established by an organization or individual and carrying out cinematic activities in accordance with this Law and relevant regulations.

6. Film production means the process of creating a film, from developing the screenplay to completing the film.

7. Film distribution means the exchange, purchase, sale, lease, export and import of films.

8. Film dissemination means the making of films available for viewing by audiences through film screening in cinemas, at public film screening venues, head offices of foreign diplomatic missions and cultural institutions established in Vietnam, in the television system, in the cyberspace and other audio-visual media.

9. Film classification means the appraisal of contents and rating of films for the purpose of audience age-based dissemination or refusal of permission for dissemination.

10. Screenplay means the whole content of a film expressed in scripts or other characters on assorted materials, by digital technology or other technical devices.

11. Film owner means an organization or individual that provides funds and invests in physical foundations and technical facilities for film production or buys film ownership, is donated or inherits film ownership, or otherwise acquires film ownership in accordance with law.

12. Vietnamese film means a film that is permitted for dissemination in Vietnam in accordance with this Law and has at least two of the following three elements: The director holds Vietnamese citizenship; a Vietnamese cinematic establishment has participated in the film production; and the owner or a co-owner of the film is a Vietnamese organization or individual.

13. Provision of film production services means the provision of means, technical equipment, settings, and personnel and other activities related to film production.

14. Studio means a place where scenes are shot that meets the conditions on space, technical equipment and devices to set up suitable settings for film production; studios include indoor studios and outdoor studios.

15. Public film screening venues include theatres, cultural houses, exhibition halls, cultural centers, clubs, accommodation service establishments, catering service establishments, dance halls, stores, shops, stadiums, gymnasiums, public squares, mass transit vehicles and other public facilities and places where film screenings are organized.

Article 4. Principles of cinematic activities

1. Building an advanced Vietnamese cinematography, deeply imbued with national identity and meeting the people’s need for cultural and art enjoyment and international integration requirements.

2. Conserving and promoting traditional cultural values, ensuring humanity, aesthetics and entertainment.

3. Respecting and guaranteeing the freedom of creation within the framework of law and protecting intellectual property rights of organizations and individuals participating in cinematic activities.

4. Ensuring equality and fair competition among organizations and individuals participating in cinematic activities and development of the film industry.

5. Developing the film industry in conformity with market rules and treaties to which the Socialist Republic of Vietnam is a contracting party.

6. Using state budget funds and social resources invested in and provided as support for cinematography in an efficient, public, transparent and focused manner, with priority given to highland, mountainous, border and island areas, ethnic minority areas and rural areas.

7. Abiding by law, social ethical standards and professional ethics and holding responsibility for building a healthy business culture.

Article 5. State policies on development of cinematography and film industry

1. The State shall adopt policies to mobilize resources, take measures to ensure a healthy investment and business environment, develop the film market, and create favorable conditions for organizations and individuals to participate in cinematic activities to build the film industry associated with socio-economic development and international integration.

2. The State shall invest in and provide support for the following activities:

a/ Producing 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;

b/ Writing screenplays, distributing and disseminating films, providing funds for organization of, and means and technical equipment for, film dissemination in service of highland, mountainous, border and island areas, ethnic minority areas and rural areas; children, armed forces and other political, social, external and educational tasks;

c/ Organizing national film festivals, international film festivals, specialized and thematic film festivals, film programs and film weeks in Vietnam; film awards and film contests at national and international levels; Vietnamese film festivals, film programs and film weeks in foreign countries;

d/ 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;

dd/ Developing cinematographic ideologies and criticism; carrying out public communication about, introducing and orienting, cinematographic aesthetics;

e/ Researching and applying scientific and technological advances in cinematic activities;

g/ Building and promoting the national cinematographic brand;

h/ Building and repairing physical-technical foundations and studios for film production, distribution, dissemination, mandatory deposit and archive;

i/ Building a statistical infrastructure system and database on cinematography.

3. The State shall adopt preferential policies regarding credit, tax and land for organizations and individuals participating in cinematic activities in accordance with law.

4. The State shall encourage organizations and individuals to participate in the activities specified in Clause 2 of this Article and the following activities:

a/ Film production, distribution and dissemination; cinematography promotion and development; international cooperation, scientific research, technology transfer, and provision of digital services for cinematography development;

b/ Provision of financial, credit, intellectual property rights guarantee and mortgage services and insurance products for cinematography development;

c/ Provision of sponsorships and donations for cinematic activities and cinema development support funds established by organizations and individuals.

5. The Government shall detail Points d and e, Clause 2 of this Article.

Article 6. Development of human resources of the cinema industry

1. The State shall adopt policies to attract, provide training and further training and facilitate the development of cinematographic talents, giving priority to young talents; and provide appropriate remuneration to improve the quality of human resources of the cinema industry.

2. The State shall prioritize investment in and build a number of cinematographic training institutions and disciplines up to international standards; support art and culture training institutions to provide specialized training or joint training in cinematography at home and abroad.

3. The State shall promote training, further training and technology transfer in order to develop human resources of the cinema industry for the film production, distribution and dissemination through the implementation of the State’s programs and projects and cooperation with foreign countries; combine training of human resources of the cinema industry with research and application of science and technology.

Article 7. Socio-political-professional organizations and socio-professional organizations in the field of cinematography

Socio-political-professional organizations and socio-professional organizations in the field of cinematography that are established and operate in accordance with the law on associations have the following responsibilities:

1. To protect their members’ lawful rights and interests in accordance with law;

2. To participate in the formulation, dissemination and education of policies and laws on cinematography;

3. To participate in the promotion and advertisement of, training and further training on cinematographic knowledge; to build a healthy professional and business environment for their members; to mobilize social resources for the organization of cinematic activities in accordance with law;

4. To formulate, and organize the implementation of, rules of professional ethics; to mobilize their members, organizations and individuals engaged in cinematic activities to strictly comply with law;

5. To detect and propose competent state agencies to handle violations of the law on cinematography.

Article 8. Foreign investment cooperation in cinematic activities

1. Foreign organizations and individuals may enter into investment cooperation with Vietnamese cinematic establishments to produce, distribute and disseminate films in accordance with the law on investment in the following forms:

a/ Establishing foreign-invested economic organizations, contributing capital, buying shares or buying capital contribution portions, in which the foreign investors’ holding must not exceed 51% of the charter capital;

b/ Entering into business cooperation contracts.

2. Cultural houses, film screening units, clubs and public film screening associations, and mobile film screening teams of Vietnam may neither enter into business cooperation contracts nor set up joint ventures with foreign service providers.

Article 9. Prohibited contents and acts in cinematic activities

1. Cinematic activities with the following contents are prohibited:

a/ Violating the Constitution and laws; inciting opposition to, or sabotaging the implementation of the Constitution and laws;

b/ Conducting propaganda against the State of the Socialist Republic of Vietnam; undermining the great national unity bloc; causing harms to the interests of the country, the nation, and Vietnamese cultural values; insulting the National Flag, Communist Party of Vietnam’s Flag, National Emblem or National Anthem;

c/ Carrying out propaganda to incite wars of aggression, causing hatred and discrimination among ethnic groups and people of other countries; spreading reactionary ideas and social evils; undermining culture or social morality;

d/ Distorting the nation’s history, denying revolutionary achievements; offending the nation, great personalities or national heroes; displaying improperly, infringing upon national sovereignty; slandering or offending reputation of agencies and organizations and honor and dignity of individuals;

d/ Spreading and supporting terrorism and extremism;

e/ Inciting or offending beliefs or religions; propagating or promoting illegal belief and religious activities;

g/ Disclosing state secrets, personal secrets and other secrets as specified by law;

h/ Inciting violence or criminal acts by describing in detail execution methods, displaying images, sounds, speeches and scenes of beating, torture, brutal murder and other acts offending human dignity, unless it is for the purpose of criticizing, denouncing and condemning crimes, upholding justice, and honoring traditional and cultural values;

i/ Displaying in detail obscene, depraved or incestuous images, sounds and speeches;

k/ Violating lawful rights and interests of children and minors;

l/ Violating the principles of gender equality or committing gender bias or gender-based discrimination.

2. The following acts are prohibited:

a/ Distributing and disseminating films in cinemas, television systems and at public film screening venues without having a film classification license issued by a competent state agency in charge of cinematography (below referred to as film classification license) or a broadcasting decision issued by a press agency licensed for television operations (below referred to as broadcasting decision);

b/ Disseminating films in the cyberspace without classifying films or displaying film classification results in accordance with this Law;

c/ Altering or falsifying film contents and film classification results, for films that have been granted film classification licenses or broadcasting decisions;

d/ Carrying out film production, distribution, dissemination, mandatory deposit or archive at variance with this Law, the Law on Intellectual Property and other relevant laws;

dd/ Distributing and disseminating films for which decisions on revocation of film classification licenses or broadcasting decisions have been issued;

e/ Copying films without the consent of film owners, unless otherwise provided by the Law on Intellectual Property;

g/ Failing to notify competent state agencies of dissemination of films at public film screening venues;

h/ Appraising and granting film classification licenses in contravention of law.

 

Chapter II

FILM PRODUCTION

Article 10. Rights and obligations of cinematic establishments that produce films

1. Rights of cinematic establishments that produce films:

a/ To produce films or cooperate with others in film production; to provide film production services to domestic and foreign organizations and individuals;

b/ To participate in the film production funded by the state budget;

c/ To participate in film festivals, film awards, film contests, film programs and film weeks.

2. Obligations of cinematic establishments that produce films:

a/ To carry out film production according to contents of their business registration and their assigned or approved functions and tasks;

b/ To comply with screenplay appraisal documents, for cases of film production funded by the state budget;

c/ To ensure security, social order and safety, public health, fire and explosion prevention and fighting, environmental protection, cultural heritage protection and other related issues in accordance with law in the course of film production;

d/ To send a written commitment to refraining from violating the provisions of Article 9 of this Law to the Ministry of Culture, Sports and Tourism in case of cooperation in film production with foreign organizations or individuals or receipt of donations from foreign organizations and individuals for film production;

dd/ To comply with this Law and other relevant laws.

Article 11. Rights and obligations of film producers, screenwriters, directors, cameramen, actors/actresses and other members of film crews

1. Rights of film producers, screenwriters, directors, cameramen, actors/actresses and other members of film crews:

a/ To be entitled to art creation within the framework of law;

b/ To enjoy intellectual property rights in accordance with the law on intellectual property;

c/ To have their lawful rights and interests in relation to cinematic activities protected.

2. Obligations of film producers, screenwriters, directors, cameramen, actors/actresses and other members of the film crew:

a/ To comply with this Law and other relevant laws;

b/ To perform contracts signed with cinematic establishments that produce films on the basis of agreement and non-contravention of law;

c/ To comply with rules of professional ethics and code of conduct of people operating in the field of arts.

Article 12. Operation of studios

1. Organizing the management and administration of, or cooperation or association in, film production.

2. Providing film production services and other services in accordance with law.

Article 13. Film production activities in Vietnam of foreign organizations and individuals

1. Foreign organizations and individuals producing films in Vietnam shall use film production services provided by Vietnamese cinematic establishments.

2. A foreign organization or individual using film production services in Vietnam must satisfy the following conditions:

a/ Having signed a written agreement or contract on provision of film production services with a Vietnamese cinematic establishment;

b/ Ensuring that films using film production services in Vietnam do not violate the provisions of Article 9 of this Law;

c/ Having obtained a permit for provision of filming services with settings in Vietnam granted by the Ministry of Culture, Sports and Tourism, in case of using filming services with settings in Vietnam.

3. A dossier of application for a permit for provision of filming services with settings in Vietnam to a foreign organization or individual must comprise:

a/ An application for permit, made according to the form provided by the Minister of Culture, Sports and Tourism;

b/ The film synopsis and film script showing detailed contents to be filmed with settings in Vietnam, both in Vietnamese;

c/ A written agreement or contract on provision of filming services with settings in Vietnam, signed with the foreign organization or individual;

d/ A written commitment to refraining from violating the provisions of Article 9 of this Law, made by the foreign organization or individual.

4. Order and procedures for granting a permit for provision of filming services with settings in Vietnam to a foreign organization or individual:

a/ The foreign organization or individuals using filming services with settings in Vietnam or the Vietnamese cinematic establishment providing filming services with settings in Vietnam to the foreign organization or individual shall submit via the National Public Service Portal or send by post or hand-deliver 1 dossier set to the Ministry of Culture, Sports and Tourism;

b/ Within 20 days after receiving a complete and valid dossier, the Ministry of Culture, Sports and Tourism shall issue a permit; in case of refusal to grant a permit, it shall issue a written reply clearly stating the reason.

In case the screenplay must be edited due to a violation of the provisions of Article 9 of this Law and other relevant regulations, or the dossier must be modified or supplemented with information as requested by the Ministry of Culture, Sports and Tourism, within 20 days after receiving the edited screenplay or the modified or supplemented dossier, the Ministry of Culture, Sports and Tourism shall grant a permit.

5. In case of changing the contents specified at Points a, b and c, Clause 3 of this Article after being granted a permit for provision of filming services with settings in Vietnam, the foreign organization or individual or Vietnamese cinematic establishment shall request re-grant of the permit according to the order and procedures specified in Clause 4 of this Article; except the case of changing the contents specified at Points a and c, Clause 3 of this Article, the Ministry of Culture, Sports and Tourism shall grant a permit within 5 working days after receiving a complete and valid dossier.

6. The Ministry of Culture, Sports and Tourism shall decide to revoke a permit for provision of filming services with settings in Vietnam in the following cases:

a/ The permit holder violates the provisions of Article 9 of this Law during film production:

b/ The information stated in the dossier of application for the permit is forged;

c/ The permit holder fails to comply with contents of the permit.

Article 14. Film production funded by the state budget

1. Film production funded by the state budget in service of political tasks specified at Point a, Clause 2, Article 5 of this Law shall be carried out in the form of task assignment, order placement or bidding.

2. Owners of state budget-funded film production projects are ministries, ministerial-level agencies, government-attached agencies, central agencies of political organizations, socio-political organizations, or socio-political-professional organizations, and provincial People’s Committees.

3. Owners of state budget-funded film production projects have the following responsibilities:

a/ To implement the process of selecting film production projects;

b/ To set up the screenplay appraisal council and film production project selection council under relevant regulations of the Minister of Culture, Sports and Tourism.

4. Owners of state budget-funded film production projects may mobilize other lawful financial sources for film production.

5. Ownership of, and intellectual property rights to, films funded by the state budget must comply with the Law on Intellectual Property and other relevant laws.

6. The Government shall detail Clause 1 and Point a, Clause 3 of this Article.

Chapter III

FILM DISTRIBUTION

Article 15. Rights and obligations of cinematic establishments that distribute films

1. Rights of cinematic establishments that distribute films:

a/ To distribute films in Vietnam and abroad;

b/ To exchange, buy, sell, lease, export and import films in accordance with law.

2. Obligations of film distribution establishments:

a/ To carry out film distribution according to contents of their business registration and assigned or approved functions and tasks;

b/ To ensure that films they distribute comply with the provisions of this Law and other relevant regulations;

c/ To take responsibility before law for contents of films they distribute.

Article 16. Exchange, buying, sale and lease of films

Organizations and individuals shall exchange, buy, sell and lease films in accordance with this Law and other relevant laws.

Article 17. Export and import of films

1. Organizations and individuals may only export films that have been granted film classification certificate or broadcasting decisions.

2. Organizations and individuals that import films shall commit in writing that contents of such films do not violate the provisions of Article 9 of this Law and send their commitments to the Ministry of Culture, Sports and Tourism.

3. Heads of film-importing organizations and individuals shall be held responsible before law for contents of films they import for dissemination; manage and use films for the purposes of research, education, archive and internal circulation.

4. The State shall encourage and create favorable conditions for organizations and individuals to participate in export of films.

Chapter IV

FILM DISSEMINATION

Article 18. Rights and obligations of cinematic establishments that disseminate films

1. Rights of cinematic establishments that disseminate films:

a/ To disseminate films in accordance with law;

b/ To advertise films and provide other services for audiences in accordance with law.

2. Obligations of cinematic establishments that disseminate films:

a/ To carry out film dissemination according to contents of their business registration and assigned or approved functions and tasks;

b/ To distribute only films that have been granted film classification licenses or  broadcasting decisions, except the case of film self-classification as specified at Point b, Clause 2, Article 21 of this Law;

c/ To ensure conditions for film dissemination, depending on forms of film dissemination;

d/ To display film ratings and warnings under regulations of the Minister of Culture, Sports and Tourism;

dd/ To halt the film dissemination when requested in writing by a competent state agency.

Article 19. Dissemination of films in cinemas

1. A cinematic establishment that disseminates films in cinemas must satisfy the following conditions:

a/ Being an enterprise or a non-business unit established in accordance with law;

b/ Having a cinema that meets technical regulations issued by the Minister of Culture, Sports and Tourism.

2. Cinema establishments that disseminate films in cinemas have the following rights:

a/ To refuse to serve audiences who use banned substances or stimulants; bring weapons, flammable and explosive materials, radioactive substances, toxic substances, banned substances or stimulants into cinemas; cause disturbance or disorder at cinemas;

b/ To prevent the reproduction, audio recording, video recording, transmission or broadcasting of films in contravention of law;

c/ To request individuals violating the provisions of Points a and b of this Clause to leave cinemas, and propose competent agencies or persons to handle violators.

3. Cinematic establishments that disseminate films in cinemas shall fulfill the obligations specified in Clause 2, Article 18 of this Law and comply with the following provisions:

a/ To ensure compliance with regulations on the ratio of screening Vietnamese films, time frame for screening Vietnamese films, and amount of time and time frame for screening films for children;

b/ To ensure that audiences are of appropriate age based on film ratings;

c/ To offer exemption from or reduction of 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;

d/ To organize data connection and report on their operation at the request of competent state agencies.

4. Cinematic establishments that disseminate films in cinemas are encouraged to disseminate films popularizing the State’s policies and laws before film screenings.

5. The Government shall detail Points a and c, Clause 3 of this Article.

Article 20. Dissemination of films in the television system

1. A press agency permitted to disseminate films in the television system must satisfy the following conditions:

a/ Having a television operation license in accordance with the law on press;

b/ Having a broadcasting decision for dissemination of films in the Vietnamese television system or dissemination of films on on-demand television service packages or on-demand television services in the cyberspace.

2. The press agency specified in Clause 1 of this Article that disseminates films in the television system shall fulfill the obligations specified in Clause 2, Article 18 of this Law and ensure the 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 as specified by the Government.

3. The grant and revocation of broadcasting decisions shall be decided by heads of press agencies having television operation licenses in accordance with law.

4. To promote the dissemination of Vietnamese films produced with state budget funds and films sponsored or donated by organizations and individuals.

Article 21. Dissemination of films in the cyberspace

1. Entities permitted to disseminate films in the cyberspace are enterprises, non-business units and organizations engaged in film dissemination in accordance with this Law and other relevant laws.

2. Entities that disseminate films in the cyberspace specified in Clause 1 of this Article shall fulfill the obligations specified at Points c and d, Clause 2, Article 18 of this Law and comply with other relevant regulations and the following provisions:

a/ Not to disseminate films violating the provisions of Article 9 of this Law and other relevant regulations;

b/ Before disseminating films in the cyberspace, to ensure conditions for film classification under the Government’s regulations and take responsibility before law for film classification contents and results; if conditions for film classification are not satisfied, to request the Ministry of Culture, Sports and Tourism or an agency authorized by the Ministry of Culture, Sports and Tourism to carry out film classification, for films that have not yet been granted film classification licenses or broadcasting decisions according to the order and procedures specified in Clauses 3 and 4, Article 27 of this Law;

c/ To notify 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;

d/ To take 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 this Law;

dd/ To provide information on their focal points and contact addresses to receive and process requests of state management agencies, and settle feedback, complaints and denunciations of service users;

e/ To remove films violating the provisions of Article 9 of this Law and other relevant regulations when so requested in writing by competent state agencies.

3. Organizations and enterprises that have digital media platforms for dissemination of films in Vietnam have the following responsibilities:

a/ To implement technical solutions and coordinate with competent state management agencies in removing and preventing violating films;

b/ To ensure the fulfillment of obligations specified at Points a and d, Clause 2 of this Article.

4. Organizations and enterprises that have telecommunications networks shall prevent access to violating films at the request of competent state agencies.

5. The Ministry of Culture, Sports and Tourism shall arrange personnel and technical means to inspect film contents, film classification and display of film classification results with regard to films disseminated in the cyberspace; coordinate with the Ministry of Information and Communications, Ministry of Public Security and related state management agencies in taking measures to prevent and handle violations of law.

6. The Government shall detail Points b, c, d and dd, Clause 2; Point a Clause 3; and Clause 4, of this Article.

Article 22. Dissemination of films at public film screening venues

1. An organization disseminating films at public film screening venues must satisfy the following conditions:

a/ Ensuring security, social order and safety, public health, fire and explosion prevention and fighting, environmental protection conditions and other relevant conditions as specified by law;

b/ Providing lists of to-be-screened films to the competent state agency in the locality where it has made business registration.

2. Organizations disseminating films at public film screening venues shall notify in writing contents and schedule of film screenings to competent state agencies under the Government’s regulations. Within 5 working days after receiving the notice, if competent state agencies give no reply, film dissemination organizations may disseminate films at public film screening venues; in case of refusal, competent state agencies shall reply in writing and clearly state the reason.

3. Organizations and individuals that manage and use public film screening venues shall fulfill the obligations specified in Clause 2, Article 18 of this Law and comply with the following provisions:

a/ Complying with regulations on business activities, security, social order and safety, public health, fire and explosion prevention and fighting, and environmental protection conditions and other relevant regulations;

b/ Changing the time and scale of film screening at public film screening venues at the request of competent state agencies.

4. To encourage organizations disseminating films at public film screening venues to disseminate films popularizing the State’s policies and laws before film screenings.

Article 23. Dissemination of films for the purpose of performing political tasks in highland, mountainous, border, island, ethnic minority-inhabited and rural areas

1. The dissemination of films for the purpose of performing political tasks in highland, mountainous, border, island, ethnic minority-inhabited and rural areas is a regular activity which shall be implemented under annual plans decided and with film screening equipment and means of transport provided by local administrations in conformity with reality in each locality.

2. The state budget shall cover 100% of expenses of film dissemination in highland, mountainous, border, island and ethnic minority-inhabited and at least 50% of the expenses of film dissemination in rural areas.

3. Cinematic establishments are encouraged to apply information technology to provision of films serving film dissemination in highland, mountainous, border, island, ethnic minority-inhabited and rural areas.

Article 24. Dissemination of films at head offices of foreign diplomatic missions and cultural institutions established in Vietnam

The dissemination of films at head offices of foreign diplomatic missions or cultural institutions established in Vietnam to audiences other than their staffs must:

1. Comply with treaties to which the Socialist Republic of Vietnam is a contracting party;

2. Ensure the exercise of the rights and performance of the obligations specified in Articles 18 and 22 of this Law.

Article 25. Film advertisement

1. Organizations and individuals may advertise films through trailers or information relating to the films before and during film production, distribution and dissemination in accordance with the law on advertising and may not violate Article 9 of this Law.

2. Organizations and individuals may not screen the whole content of films for the purpose of advertisement while not yet obtaining film classification licenses or broadcasting decisions.

Article 26. Advertisement of products, goods and services in films

The advertisement of products, goods and services in films must comply with the law on advertising and other relevant laws.

Article 27. Issuance of film classification licenses

1. The competence to issue film classification licenses is provided as follows:

a/ The Ministry of Culture, Sports and Tourism shall issue licenses to classify films to be screened in cinemas, at public film screening venues, and in the cyberspace for the case specified at Point b, Clause 2, Article 21 of this Law; or at the head offices of foreign diplomatic missions or cultural institutions established in Vietnam under Article 24 of this Law;

b/ Provincial-level People’s Committees may issue film classification licenses provided that they satisfy the conditions specified by the Minister of Culture, Sports and Tourism.

2. Film classification licenses issued by the Ministry of Culture, Sports and Tourism and provincial-level People’s Committees are valid nationwide.

3. A dossier of application for a film classification license must comprise:

a/ An application for a film classification license, made according to the form provided by the Minister of Culture, Sports and Tourism;

b/ A copy of the document proving the lawful ownership of, or the right to use, the film;

c/ A complete film copy;

d/ The film’s Vietnamese voiceover scripts, for foreign films.

4. Order and procedures for issuance of a film classification license:

a/ An organization or individual shall send via the National Public Service Portal or by post or hand-deliver 1 set of dossier to a competent state agency specified in Clause 1 of this Article;

b/ Within 15 days after receiving a complete and valid dossier, the competent state agency shall issue a film classification license, made according to the form provided by the Minister of Culture, Sports and Tourism; in case of refusing to issue a film classification license, the competent state agency shall issue a written reply, clearly stating the reason.

In case the content of the film must be changed or the dossier must be modified or supplemented as requested by the competent state agency specified in Clause 1 of this Article, within 15 days after receiving a copy of the edited film or within 10 days after receiving the modified or supplemented dossier, the competent state agency shall issue a film classification license.

Article 28. Change of film contents and film titles in film classification licenses

1. In case of changing the content of a film for which a film classification license has been issued, the concerned organization or individual shall make a request for re-issuance of a film classification license according to Article 27 of this Law.

2. In case the change of the title of a film, for which a film classification license has been issued, does not affect its content, the concerned organization or individual shall send a notice thereof to the competent state agency that has issued the film classification license.

Within 5 working days after receiving the notice, if refusing to re-issue a film classification license, the competent state agency shall issue a written reply, clearly stating the reason.

Article 29. Revocation of film classification licenses

1. State agencies competent to issue film classification licenses specified in Clause 1, Article 27 of this Law shall decide to revoke a film classification license in the following cases:

a/ The license is issued in contravention of regulations;

b/ The information stated in the dossier of application for the film classification license is forged.

2. Agencies having issued film classification licenses, and organizations and individuals that have film classification licenses revoked shall remediate the violations specified in Clause 1 of this Article.

The application for a film classification license after the violations are remediated must comply with Article 27 of this Law.

Article 30. Termination of film dissemination

1. State agencies competent to decide on termination of film dissemination include agencies issuing film classification licenses, agencies receiving notices of film contents or film screening programs at public film screening venues and inspection agencies as specified by the Government.

2. A competent state agency shall issue a decision on termination of dissemination of a film, clearly stating the reason, time and period of termination of dissemination of the film, in one of the following cases:

a/ The film violates the provisions of Article 9 of this Law;

b/ For national defense, security, disasters, epidemics or emergency circumstances.

3. If wishing to resume film dissemination, organizations shall send a written request for resumption of film dissemination to a competent state agency for consideration and decision.

Within 5 working days after receiving the request for resumption of film dissemination, the competent state agency shall consider and make decision and notify its decision in writing to the requester.

4. Organizations required to terminate film dissemination shall publicize information on termination of film dissemination in the mass media and ensure interests of related organizations and individuals in accordance with law.

Article 31. Film appraisal and classification councils

1. The competence to establish film appraisal and classification councils is provided as follows:

a/ The Minister of Culture, Sports and Tourism shall establish the film appraisal and classification council of the Ministry of Culture, Sports and Tourism;

b/ Chairpersons of provincial-level People’s Committees shall establish provincial-level film appraisal and classification councils;

c/ Heads of press agencies licensed for television operations shall establish film appraisal and classification councils of press agencies.

2. Film appraisal and classification councils shall advise competent state agencies before the latter issue film classification licenses or broadcasting decisions. A film appraisal and classification council shall be composed of cinematic experts, experts and managers in related fields to adhere to the principle of gender equality.

3. The Minister of Culture, Sports and Tourism shall provide the organization and operation of film appraisal and classification councils.

Article 32. Film classification

1. Films shall be classified based on their contents for audience age-based dissemination or refusal of permission for dissemination, specifically as follows:

a/ Category P: Films suitable for audiences of all ages;

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

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

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

dd/ Category K: Films suitable for under-13 children accompanied by a parent or adult guardian;

e/ Category C: Films disallowed from dissemination.

2. Film classification criteria shall be applied to forms of film dissemination provided by the Minister of Culture, Sports and Tourism.

 

Chapter V

MANDATORY DEPOSIT AND ARCHIVE OF FILMS

Article 33. Mandatory deposit of films

1. Cinematic establishments shall deposit a copy of each film for which they have been issued film classification licenses to license-issuing agencies. For Vietnamese films using state budget funds, screenplays and enclosed documents shall be deposited.

2. The duration of mandatory deposit of a Vietnamese film is 12 months since the film is granted a film classification license; the duration of mandatory deposit of an imported film is stated in the film classification license.

3. Past the duration of mandatory deposit, agencies to which mandatory deposit is made shall:

a/ Transfer unencrypted deposited copies, screenplays and enclosed documents of films to film archive establishments, for Vietnamese films produced with state budget funds;

b/ Transfer deposited copies of films to film archive establishments, for Vietnamese films produced with funds other than state budget funds;

c/ Return deposited copies of films to the depositors, for imported films.

4. Cinematic establishments shall decrypt films for collation and examination at the request of agencies issuing film classification licenses.

Article 34. Film archive

1. Film archive establishments of culture, sports and tourism agencies shall archive Vietnamese films for which film classification licenses have been issued.

2. Film archive establishments of press agencies licensed for television operations shall archive films of their agencies and units.

3. Film archive establishments of ministries and sectors shall archive films for internal circulation; scientific research institutions shall archive films of their institutions and units.

Article 35. Rights and responsibilities of film archive establishments

1. To archive and provide copies of films and print excerpts of enclosed documents for film owners and competent state agencies in accordance with law.

2. To cooperate with domestic and foreign organizations and individuals in preserving, archiving and restoring films; to exploit films under agreement with film owners.

3. To buy and acquire domestic and international films of values for research, training and study.

4. To provide film archive services; to sell, lease and disseminate archived films under agreement with films owners.

5. To ensure the safety of film copies, screenplays and enclosed documents in conformity with technical standards.

6. To take responsibility before law for guarantee of intellectual property rights for the films they archive.

Article 36. Rights and obligations of film owners in mandatory deposit and archive

1. Film archive establishments shall ensure the safety for film copies and enclosed documents, and guarantee intellectual property rights in accordance with law.

2. To decide on the sale, lease, and dissemination of, and use of services for, archived films.

3. To make mandatory deposit of films according to Article 33 of this Law.

4. To decrypt films for collation and examination at the request of competent state agencies.

 

Chapter VI

CINEMATOGRAPHY PROMOTION AND DEVELOPMENT; THE CINEMATOGRAPHY DEVELOPMENT SUPPORT FUND

Section 1

CINEMATOGRAPHY PROMOTION AND DEVELOPMENT 

Article 37. Contents of cinematography promotion and development

1. Promoting Vietnamese films, the environment for cinematic activities, film production ecosystem, and Vietnamese cultural identity, country and people.

2. Building and promoting national, regional and local cinematographic brands and cinematographic brands of enterprises; studying and developing film markets at home and abroad.

3. Carrying out public information to raise social awareness about cinematography, thus contributing to ensuring a safe, healthy and civilized environment for cinematic activities.

4. Seeking opportunities and mobilizing resources for investment in cinematography development; diversifying genres of films and improving the quality of Vietnamese films.

Article 38. Film festivals, film awards, film contests, film programs and film weeks in Vietnam

1. Central state agencies, political organizations, socio-political-professional organizations and provincial-level People’s Committees may organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks in Vietnam under the following regulations:

a/ Heads of agencies and organizations shall take responsibility for organizing film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks;

b/ Films participating in film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks must obtain film classification licenses or broadcasting decisions;

c/ To notify the Ministry of Culture, Sports and Tourism of their plan at least 5 working days before a film festival, specialized or thematic film festival, film award, film contest, film program or film week opens and the results of the event within 5 working days after the event closes.

2. Vietnamese agencies and organizations other than central state agencies, political organizations, socio-political-professional organizations and provincial-level People’s Committees may organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks in Vietnam provided that they satisfy the Government-specified conditions and shall comply with Clause 1 of this Article.

3. When organizing film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks in Vietnam, international and foreign organizations, foreign diplomatic missions and cultural institutions shall obtain a license from the Ministry of Culture, Sports and Tourism.

4. The Ministry of Culture, Sports and Tourism shall assume the prime responsibility for organizing national and international film festivals in Vietnam on a periodical basis.

5. Dossiers of application for licenses to organize film festivals, specialized or thematic film festivals, film awards, film contests, film programs or film weeks specified in Clause 3 of this Article:

a/ A dossier of application for a license to organize a film festival, specialized or thematic film festival, film award or film contest must comprise an application for a license, made according to the form provided by the Minister of Culture, Sports and Tourism; a scheme clearly stating the purposes, significance and criteria, contents, organizational structure, funds, assignment of tasks and organization of implementation; and the charter clearly stating the participants, prize structure and jury composition;

b/ A dossier of application for a license to organize a film program or film week must comprise an application for a license, made according to the form provided by the Minister of Culture, Sports and Tourism; a list of films participating in the film program or film week; and copies of their film classification licenses.

6. Order and procedures for issuance of a license to organize a film festival, specialized or thematic film festival, film award, film contest, film program or film week:

a/ An agency or organization shall send via the National Public Service Portal or by post or hand-deliver 1 set of dossier to the Ministry of Culture, Sports and Tourism;

b/ Within 15 days after receiving a complete and valid dossier, the Ministry of Culture, Sports and Tourism shall issue a license. In case of refusing to issue a license, the ministry shall issue a written reply, clearly stating the reason.

In case the dossier must be modified or supplemented at the request of the Ministry of Culture, Sports and Tourism, within 10 days after receiving a modified or supplemented dossier, the Ministry of Culture, Sports and Tourism shall issue a license.

7. In case of changing the content specified at Point a, Clause 5 of this Article after the license is issued, the agency or organization shall request re-issuance of a license under Clauses 5 and 6 of this Article. Within 5 working days after receiving a complete and valid dossier, the Ministry of Culture, Sports and Tourism shall issue a license.

8. The Ministry of Culture, Sports and Tourism shall decide to revoke a license in the following cases:

a/ The license holders violates Article 9 of this Law during the organization of the film festival, specialized or thematic film festival, film award, film contest, film program or film week;

b/ The information stated in the dossier of application for the license is forged;

c/ The license holder fails to comply with the license.

Article 39. Organization of Vietnamese film programs or film weeks abroad

1. The Ministry of Culture, Sports and Tourism shall organize Vietnamese film programs and film weeks abroad as planned.

2. Another agency or organization that organizes a Vietnamese film program or film week abroad shall notify in writing the Vietnamese diplomatic mission in the host country or in charge of the host country of the contents and plan on organization of the event at least 20 days before the event opens.

3. Vietnamese diplomatic missions in host countries or in charge of host countries shall support and facilitate the organization of Vietnamese film programs and film weeks abroad and, if finding inappropriate contents, notify thereof to the Ministry of Culture, Sports and Tourism.

4. Heads of agencies and organizations shall take responsibility for the organization of Vietnamese film programs and film weeks abroad.

Article 40. Films participating in film festivals, film awards, film contests, film programs and film weeks in Vietnam and abroad

1. Film participating in a film festival, film award, film contest, film program or film week in Vietnam and/or abroad are those for which film classification licenses or broadcasting decisions have been issued.

2. If the rules of a film festival or an international film award stipulate that participating films must be films representing their nations, the Minister of Culture, Sports and Tourism shall provide and organize the selection of films.

Article 41. Preferential regimes for foreign organizations using film production services in Vietnam

Foreign organizations that produce films using settings in Vietnam and film production services provided by Vietnamese organizations are eligible for tax incentives as prescribed by the tax laws.

Section 2

THE CINEMATOGRAPHY DEVELOPMENT SUPPORT FUND

Article 42. Establishment of the Cinematography Development Support Fund

1. The Cinematography Development Support Fund is an off-budget state financial fund that has its charter capital funded by the State, is established and operates in accordance with law; has independent financial capacity; has revenue sources and spending tasks different from those of the state budget; and has the legal person status, its own seal and bank account; the Prime Minister shall decide on the establishment of, and approve the organization and operation charter of the Fund.

2. The Government shall detail this Article.

Article 43. Purposes of the Cinematography Development Support Fund

1. To support projects on production of experimental art films, directorial debuts and young directors’ films.

2. To support outstanding Vietnamese directors, film production projects and films that participate in film festivals, film awards, film contests, film fairs, film programs or film weeks abroad.

3. To support other activities for cinematography development.

Article 44. Principles of operation of the Cinematography Development Support Fund

1. To operate not for profit purposes; to preserve charter capital and self-cover management expenses.

2. To carry out collection, payment, account finalization, finance and asset disclosure and accounting work in accordance with law.

3. To submit to examination, inspection and state audit.

4. To ensure publicity, transparency, thrift practice, efficiency, and proper use of the Fund in accordance with law, and non-overlap with state budget funds for non-business cinematic activities. The Fund shall not support state budget-funded film production projects.

5. The Cinematography development Support Fund’s balance of a year may be carried forward to the subsequent year for further use.

 

Chapter VII

RESPONSIBILITIES FOR STATE MANAGEMENT OF CINEMATOGRAPHY

Article 45. Responsibilities of the Government and Ministry of Culture, Sports and Tourism for the state management of cinematography

1. The Government shall perform the unified state management of cinematography.

2. The Ministry of Culture and Information shall assist the Government in performing the state management of cinematography and shall:

a/ Promulgate, or submit to competent state agencies for promulgation, and organize the implementation of, policies and legal documents on cinematography and strategies and plans on cinematography development;

b/ Provide information on, and carry out dissemination and education of the law on cinematography;

c/ Formulate national standards and technical regulations on cinematic activities; formulate a system of statistical indicators and databases of the film industry;

d/ Train, further train and develop human resources of the cinema industry;

dd/ Implement international cooperation in cinematic activities; carry out cinematography promotion and development activities at home and abroad;

e/ Study and apply science and technology to cinematic activities;

g/ Issue and revoke licenses for cinematic activities; terminate film dissemination according to its competence;

h/ Organize emulation and commendation work in cinematic activities;

i/ Carry out examination and inspection, settle complaints and denunciations, and handle violations concerning cinematic activities according to its competence.

Article 46. Responsibilities of ministries and ministerial-level agencies for state management of cinematography

Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Culture, Sports and Tourism in performing the state management of cinematography.

Article 47. Responsibilities of all-level People’s Committees for state management of cinematography

1. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of cinematography in their localities; ensure security, social order and safety, public health, fire and explosion prevention and fighting, and environmental protection in places where film production, distribution and dissemination activities are carried out.

2. Provincial-level People’s Committees shall, within the ambit of their tasks and powers, comply with Clause 1 of this Article and perform the following tasks:

a/ To formulate, promulgate and implement cinematography development plans in conformity with local realities;

b/ To promulgate, or submit to competent state agencies for promulgation, support and attraction policies to facilitate cinematography development in their localities;

c/ To invest in cinematography development; to intensify and consolidate film distribution and dissemination in their localities;

d/ To receive and reply to notices of film dissemination at public film screening venues under their management;

dd/ To issue and revoke film classification licenses and terminate film dissemination according to their competence;

e/ To carry out examination and inspection, settle complaints and denunciations, and handle violations concerning cinematic activities according to their competence.

 

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 48. To amend and supplement Law No. 61/2020/QH14 on Investment which had a number of articles amended and supplemented under Law No. 72/2020/QH14 and Law No. 03/2022/QH15

To amend and supplement Item 192 in Appendix IV - List of sectors and trades subject to conditional business investment to Law No. 61/2020/QH14 on Investment, which had a number of articles amended and supplemented under Law No. 72/2020/QH14 and Law No. 03/2022/QH15, as follows:

192

Provision of film dissemination services

 

Article 49. Effect

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

2. Law No. 62/2006/QH11 on Cinematography, which had a number of articles amended and supplemented under Law No. 31/2009/QH12, Law No. 35/2018/QH14 and Law No. 61/2020/QH14, ceases to be effective on the effective date of this Law.

Article 50. Transitional provisions

1. Film dissemination licenses and broadcasting decisions issued under Law No. 62/2006/QH11 on Cinematography, which had a number of articles amended and supplemented under Law No. 31/2009/QH12, Law No. 35/2018/QH14 and Law No. 61/2020/QH14, remain valid.

Licenses for cooperation or joint venture in film production, or provision of film production services to foreign organizations and individuals issued under Law No. 62/2006/QH11 on Cinematography, which had a number of articles amended and supplemented under Law No. 31/2009/QH12, Law No. 35/2018/QH14 and Law No. 61/2020/QH14, remain valid until their expiry dates.

2. For films for which film distribution licenses or broadcasting decisions have been issued but which have not yet displayed warnings and film ratings to audiences according to regulations of the Minister of Culture, Sports and Tourism, within 1 year from the effective date of this Law, they must display warnings and film ratings to audiences in order to continue to be disseminated,.

This Law was passed on June 15, 2022, by the XVth National Assembly of the Socialist Republic of Vietnam at its 3rd session.-

Chairman of the National Assembly
VUONG DINH HUE 


[1] Công Báo Nos 571-572 (15/7/2022)

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