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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
62/2006/QH11
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Hanoi,
June 29, 2006
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LAW
CINEMATOGRAPHY
Pursuant to the 1992 Constitution of the Socialist
Republic of Vietnam, which was amended and supplemented under Resolution No.
51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th
session;
This Law provides for cinematography.
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
This Law provides for cinematographic
organization and activities; and rights and responsibilities of organizations
and individuals engaged in cinematographic activities.
Article 2.- Subjects of
application
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Article 3.- Application
of the Cinematography Law
1. Cinematographic activities and management of
cinematographic activities shall comply with the provisions of this Law and
other relevant laws.
2. When treaties to which the Socialist Republic
of Vietnam is a contracting party contain provisions different from those of
this Law, the provisions of those treaties shall apply.
Article 4.- Interpretation
of terms
In this Law, the terms below are construed as
follows:
1. Cinematography means a combined form of art
expressed through moving images accompanied by sounds recorded on celluloid
film, magnetic tape or disc and other image-recording materials for
dissemination to the public by means of technical equipment.
2. Cinematographic work means an art product
expressed through moving images accompanied by sounds and other means on the
principle of cinematographic language.
3. Film means a cinematographic work, including
feature film, documentary, scientific film and animated cartoon.
Celluloid film means a film produced with
cinematographic equipment and techniques and recorded on celluloid material for
screening by projectors.
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Television film means a video film for
television broadcast.
Film tape or film disc means product of a video
film or product dubbed from a celluloid film.
4. Screenplay means a creative work of
screenwriters in the form of text detailing the whole development of a film
story.
5. Shooting script mean a creative work of film
directors in the form of text showing professional techniques and methods of
shooting scenes of a film based on the screenplay.
6. Cinematographic activities mean activities of
producing, distributing and disseminating films.
7. Film production means the process of creating
a cinematographic work from a screenplay till the completion of the film.
8. Film distribution means the process of
circulating films in the forms of sale, rental, export and import.
9. Film dissemination means the introduction of
films to the public by means of projection, broadcasting on television, or
posting on the Internet and other audiovisual media.
10. Cinematographic establishment means an
establishment set up by organizations or individuals and operating in the
domain of film production, distribution and dissemination under the provisions
of this Law and other relevant laws.
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12. Film owner means an organization or
individual making financial investment in film production or purchase of film
copyright; being granted, donated, bequeathed film copyright or otherwise as
provided for by law.
Article 5.- State
policies on cinematographic development
1. To invest in building an advanced
cinematography with strong national identity, modernize the cinema industry,
improve film quality, expand the scale of film production and dissemination,
meeting people's increasing spiritual demands, contributing to socio-economic
development and expansion of cultural exchanges with other countries.
2. To encourage all organizations and
individuals to engage in cinematographic activities in accordance with law; and
ensure equality for cinematographic establishments in operation and enjoyment
of credit, tax and land preference policies.
3. To make concentrated and priority investments
under target programs on cinematographic development with a view to bringing
into play art creativity; to enhance scientific research into, and application
of modern technologies to, cinematographic activities; to train and retrain
personnel in professional skills and management of cinematographic activities;
and improve material and technical facilities for film production and
dissemination.
4. To finance the production of feature films on
children, historical traditions, and ethnic minority groups; documentaries,
scientific films and animated cartoons.
5. To finance the dissemination of films in
service of mountainous, island, deep-lying, remote and rural areas; children
and people's armed forces; and socio-political and foreign-relation tasks; to
organize and participate in national and international film festivals.
6. In urban plannings there must be land areas
set aside for construction of cinemas
Article 6.- Cinematographic
Development Assistance Fund
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a/ Rewarding films of high ideological and art
values;
b/ Supporting the production of experimental art
films and directors' first films which are selected for production;
c/ Supporting other activities for
cinematographic development.
2. The Cinematographic Development Assistance
Fund is established from state budget supports and financial assistance from
domestic and foreign organizations and individuals.
The Government shall specify the establishment
and operation of the Cinematographic Development Assistance Fund.
Article 7.- Protection
of copyright on and ownership of works
The State shall protect copyright and related
rights on and ownership of works of cinematographic work owners under the Civil
Code and the Intellectual Property Law.
Article 8.- Contents of
state management of cinematography
1. To formulate, and organize the implementation
of, policies, strategies, plannings and plans on cinematographic development;
and promulgate legal documents on cinematographic activities.
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3. To manage international cooperation in
cinematographic activities.
4. To grant and withdraw permits and licenses
for cinematographic activities.
5. To perform commendation work in
cinematographic activities; to select and award prizes to individuals and
cinematographic works.
6. To inspect, supervise and settle complaints
and denunciations and handle violations of the law in cinematographic
activities.
Article 9.- Agencies
performing the state management of cinematography
1. The Government shall perform the unified
state management of cinematography nationwide.
2. The Ministry of Culture and Information shall
assist the Government in performing the unified state management of
cinematography.
3. Ministries and ministerial-level agencies
shall coordinate with the Ministry of Culture and Information in performing the
state management of cinematography according to their respective competence.
4. Provincial/municipal People's Committees
(collectively referred to as provincial-level People's Committees) shall
perform the state management of cinematography in their localities within the
scope of their tasks and powers.
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Complaints and denunciations and the handling of
complaints and denunciations in cinematographic activities shall comply with
the provisions of law on complaints and denunciations.
Article 11.- Prohibited
acts in cinematographic activities
1. To spread propaganda against the State of the
Socialist Republic of Vietnam; to undermine the great national unity.
2. To conduct propaganda about and incite wars
of aggression, to sow hatred among nations and peoples; to incite violence; to
spread reactionary ideas, obscene and depraved lifestyle, criminal acts, social
evils, superstition, to undermine fine traditional habits and customs.
3. To disclose the State's and the Party's
secrets; military, security, economic, and foreign-relation secrets; personal
privacy and other secrets in accordance with law.
4. To distort historical truths, to negate
revolutionary achievements; to offend the nation, national great persons and
heroes; to slander and offend the prestige of agencies and organizations or the
honor and dignity of individuals.
Chapter II
CINEMATOGRAPHIC
ESTABLISHMENTS
Article 12.-
Cinematographic establishments
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a/ Film-producing establishments;
b/ Film production service establishments;
c/ Film-dubbing and -reproducing establishments;
d/ Film-selling and -leasing establishments;
e/ Film-exporting and -importing establishments;
f/ Film projection establishments;
g/ Other cinematographic establishments as
provided for by law.
2. Cinematographic establishments shall operate
in the form of cinematographic enterprises or non-business cinematographic
units.
Cinematographic enterprises shall operate in
accordance with this Law, the Enterprise Law and other relevant laws.
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Article 13.-
Establishment and management of cinematographic enterprises
1. Vietnamese organizations and individuals
residing in Vietnam may establish and manage film production, distribution or
projection enterprises in Vietnam in accordance with this Law and the
Enterprise Law.
2. Foreign organizations and individuals and
overseas Vietnamese may establish and manage film distribution or projection
enterprises in Vietnam in accordance with this Law and the Enterprise Law.
Article 14.- Conditions
for establishment of cinematographic enterprises
1. Conditions for establishment of a
cinematographic enterprise are as stipulated in the Enterprise Law.
2. Apart from the establishment conditions
required by the Enterprise Law, a film production enterprise must have a
certificate of full satisfaction of business conditions granted by the Ministry
of Culture and Information.
Conditions for acquiring a certificate of full
satisfaction of business conditions include:
a/ Having legal capital as stipulated for by the
Government;
b/ Having the director or general director who is
a Vietnamese citizen permanently residing in Vietnam.
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a/ An application for a certificate;
b/ Written certification of the film production
enterprise's legal capital, issued by a competent organization or agency;
c/ A copy of the paper certifying the permanent
residence in Vietnam of the nominated director or general director of the film
production enterprise.
Within thirty days after the date of receipt of
complete and valid dossiers, the Ministry of Culture and Information shall
grant the certificates, in case of refusal, it shall reply in writing, clearly
stating the reasons therefor.
Article 15.- Criteria
and conditions for acting as directors or general directors of cinematographic
enterprises
1. Satisfying the criteria and conditions
provided for by the Enterprise Law.
2. Having professional capability and practical
experience in cinematographic activities.
3. Apart from the criteria prescribed in Clauses
1 and 2 of this Article, directors or general directors of film production
enterprises must meet the conditions specified at Point b, Clause 2, Article 14
of this Law.
Article 16.-
Registration for establishment of cinematographic enterprises
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2. Within seven working days after the date of
issuance of a business registration certificate, the business registration
agency shall send a copy of the certificate to a competent cinematography state
management agency.
3. When changing the name or address of its
headquarters, branch or representative office (if any), or business objectives
and business lines, the enterprise owner's investment capital, the enterprise's
representative at law or other issues in the contents of the dossier of
application for business registration, the cinematographic enterprise's director
or general director shall notify the competent cinematography state management
agency thereof within seven working days as from the date of registration with
the business registration agency.
Article 17.- Business
cessation, division, separation, consolidation, merger, transformation,
dissolution or bankruptcy of cinematographic enterprises.
1. Business cessation, division, separation,
consolidation, merger, transformation or dissolution of cinematographic
enterprises shall comply with the provisions of the Enterprise Law; and
bankruptcy of cinematographic enterprises shall comply with the provisions of
the Bankruptcy Law.
2. In the course of handling issues concerning
business cessation, division, separation, consolidation, merger,
transformation, dissolution or bankruptcy of cinematographic enterprises within
their competence, the business registration agencies shall coordinate with
competent cinematography state management agencies in handling relevant issues
and notify the latter of the handling results within seven working days after
the date of issuance of the handling decisions.
Chapter III
FILM PRODUCTION
Article 18.- Rights and
responsibilities of film production enterprises
1. To do business in accordance with the
registered contents.
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3. To provide film production services for
domestic and foreign organizations and individuals; the provision of film
production services for foreign organizations and individuals shall strictly
comply with the contents of licenses granted by the Ministry of Culture and
Information.
4. To submit films for deposit and archive.
Article 19.- Rights and
responsibilities of directors or general directors of film production
enterprises
1. To organize business in accordance with the
registered contents.
2. To draw up, and organize the implementation
of, annual film production plans.
3. To manage the organization, personnel and
material and technical facilities of their film production enterprises.
4. To select screenplays.
5. To sign contracts with organizations or
individuals that order film production, and with screenwriters, directors and
other members of film crews.
6. To apply for permits prior to the
dissemination of films.
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8. To observe regulations on copyright and
related rights.
9. To exercise other rights and perform other
responsibilities as provided for by law.
Article 20.- Rights and
responsibilities of screenwriters, directors and other members of film crews
1. The rights and responsibilities of
screenwriters, directors and other members of film crews shall be performed
under contracts signed with directors or general directors of film production
enterprises.
2. Contracts between screenwriters, directors and
other members of the film crews and directors or general directors of film
production enterprises shall be signed and performed on the basis of mutual
agreement and must not be contrary to law.
Article 21.- Rights and
responsibilities of film production service enterprises
1. To do business in accordance with the
registered contents.
2. To cooperate and enter into joint ventures
with domestic or foreign organizations or individuals to provide film
production services.
2. To provide film production services for
domestic and foreign organizations and individuals under contracts; the
provision of film production services for foreign organizations and individuals
shall strictly comply with the contents of licenses granted by the Ministry of
Culture and Information.
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1. To organize business in accordance with the
registered contents.
2. To draw up and organize the implementation of
annual plans.
3. To manage the organization, personnel and
material and technical bases of film production service enterprises.
4. To exercise other rights and perform other
responsibilities as provided for by law.
Article 23.-
Grant of licenses for cooperation or joint venture in
film production, or the provision of film production services for foreign
organizations and individuals.
1. The cooperation and joint venture in film
production with foreign organizations or individuals, and the provision of film
production services for foreign organizations or individuals must be licensed
by the Ministry of Culture and Information.
2. For film production enterprises and film
production service enterprises, a dossier of application for a license
comprises:
a/ An application for the license;
b/ The screenplay in Vietnamese and a foreign
language.
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Article 24.- Production
of ordered films
1. Organizations and individuals ordering film
production are investors of film production projects.
2. Film production project investors ordering
film production according to their screenplays shall bear joint responsibility
with directors or general directors of film production enterprises for the film
contents.
3. For films ordered and funded with the state
budget, the film production project investors shall select screenplays on the
basis of comments of the screenplay appraisal council and select film
production enterprises in accordance with the Bidding Law. The screenplay
appraisal councils set up by film production project investors shall appraise
screenplays in order to give advice thereon to the investors.
4. Film production project investors shall
provide funds and implement other provisions of contracts signed with film
production enterprises.
5. Directors or general directors of film
production enterprises shall properly perform contracts signed with film
production project investors and shall take responsibility before law for the
film contents.
Article 25.- Production
of television films
The general director of Vietnam Television and
directors of radio-television stations of provinces and centrally run cities
(hereinafter referred to as provincial-level radio-television stations) shall
decide on investment in, and organization of, film production for broadcasting
on their respective television stations in accordance with law.
Chapter IV
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Article 26.- Rights and
responsibilities of film distribution enterprises
1. To do business in accordance with the
registered contents.
2. To exchange films and cooperate and enter
into joint ventures with domestic and foreign organizations and individuals for
film distribution.
Article 27.- Rights and
responsibilities of directors or general directors of film distribution
enterprises
1. To organize business in accordance with the
registered contents.
2. To manage the organization, personnel and
material and technical facilities of film distribution enterprises.
3. To exercise other rights and perform other
responsibilities as provided for by law.
Article 28.- Sale and
rental of films
1. Organizations and individuals may sell and
rent celluloid films, film tapes and discs, and open shops or act as agents to
sell, rent film tapes and discs in accordance with the Enterprise Law and this
Law.
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Article 29.- Dubbing
and reproduction of films
1. Organizations and individuals may do business
in dubbing and reproducing celluloid films, film tapes and discs under the
provisions of the Enterprise Law and this Law.
2. Only celluloid films, film tapes and discs
with dissemination permits granted by a competent cinematography state
management agency or with broadcasting decisions issued by the general director
of Vietnam Television or directors of provincial-level radio-television
stations can be dubbed or reproduced for distribution. Dubbing and reproduction
of celluloid films, film tapes and discs shall be made under contracts signed
with film owners.
Article 30.- Import and
export of films
1. Organization importing or exporting films
shall comply with the following regulations:
a/ To be-exported films must be those with
dissemination permits granted by a competent cinematography state management
agency.
To be-exported films produced by Vietnam
Television must be those with broadcasting decisions issued by the general
director of Vietnam Television; to be-exported films produced by
provincial-level radio-television stations must be those with dissemination permits
granted by a competent cinematography state management agency.
To be-exported film tapes and discs must be
stuck with control stamps of the Ministry of Culture and Information.
b/ Imported films must be those with lawful
copyright and not violate the provisions of Article 11 of this Law.
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3. Film production enterprises may import and
export films. The number of imported films each year must not exceed two times
that of films produced by the enterprises.
4. Film projection enterprises may import films
for dissemination.
5. Vietnam Television and provincial-level
radio-television stations may export their own films and import films for
television broadcast. The number of imported films must not exceed two times
that produced by Vietnam Television itself or provincial-level radio-television
stations themselves.
6. Non-business units may import films for
internal circulation in service of their work; their heads shall take
responsibility for the contents, management and use of such imported films.
7. Scientific research institutions may import
films in service of scientific research in accordance with their respective
functions and tasks; their heads shall take responsibility for management and
use of imported films.
Article 31.- Households
dubbing, reproducing, selling and renting films
1. Households dubbing, reproducing, selling and
renting films which regularly employ ten or more laborers shall register for
enterprise establishment and operation in accordance with this Law and the
Enterprise Law.
2. Households dubbing, reproducing, selling and
renting films on a small scale and regularly employing less than ten laborers
shall make business registration and operate in accordance with this Law and
the Government's regulations.
Chapter V
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Article 32.- Rights and
responsibilities of film projection establishments
1. To do business in accordance with the
registered contents.
2. To meet technical standards for cinema houses
according to regulations of the Ministry of Culture and Information.
3. To cooperate and enter into joint ventures
with domestic or foreign organizations and individuals for film projection.
Article 33.- Rights and
responsibilities of directors or general directors of film projection
establishments
1. To organize business in accordance with the
registered contents.
2. To manage the organization, personnel and
material and technical facilities of their film projection establishments.
3. To organize the projection of films with
dissemination permits granted by a competent cinematography state management
agency or with broadcasting decisions issued by the general director of Vietnam
Television or directors of provincial-level radio-television stations.
4. To ensure the ratio of screening of
Vietnamese films to foreign ones, the time for Vietnamese film screening, and
the time volume and time for screening children's films in accordance with the
Government's regulations.
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6. To exercise other rights and perform other
responsibilities as provided for by law.
Article 34.- Mobile
film projection
1. The State shall adopt policies on investment
in film projecting equipment and means of transport and provide funds for the
operation of mobile film projection teams set up by provincial-level People's
Committees, People's Committees of districts, towns or provincial cities
(hereinafter referred to as district-level People's Committees), and armed
force units in service of film projection in rural, mountainous, island,
deep-lying, remote or ethnic minority areas and for people's armed forces.
2. The State shall finance mobile film projection
teams with 100% of the cost for film projection in mountainous, island,
deep-lying, remote or ethnic minority areas and for the people's armed forces;
and 50-80% of the cost for film projection in rural areas.
3. Private film projection establishments providing
mobile film projection services in rural, mountainous, island, deep-lying,
remote or ethnic minority areas at the request of provincial-level or
district-level People's Committees shall be paid with film projection costs as
state-run film projection establishments.
Article 35.- Film
broadcast on television
Film broadcast on television shall comply with
the following regulations:
1. Broadcast films must be those with
dissemination permits granted by a competent cinematography state management
agency or with broadcasting decisions issued by the general director of Vietnam
Television or directors of provincial-level radio-television stations;
2. The ratio of the time volume for broadcasting
Vietnamese films to that for foreign films, the time for broadcasting
Vietnamese films, the time volume and time for broadcasting children's films
shall comply with the Government's regulations.
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The dissemination of films on the Internet and
the exploitation of films from satellites shall comply with the provisions of
this Law and other relevant laws.
Article 37.- Permits
for film dissemination
1. Vietnamese films produced by film production establishments
and imported films may only be distributed and disseminated when they have
dissemination permits granted by a competent cinematography state management
agency.
2. A dossier of application for a film
dissemination permit comprises:
a/ An application for the permit;
b/ The film copyright certificate.
Within fifteen days after the date of receipt of
complete and valid dossiers and the films submitted for approval, the competent
cinematography state management agency shall grant the permits; in case of
refusal, it shall reply in writing, clearly stating the reason therefor.
3. Films produced or imported by Vietnam
Television or provincial-level radio-television stations and decided for
broadcasting on Vietnam Television or provincial-level radio-television
stations may be disseminated nationwide.
Article 38.- Competence
to grant film dissemination permits
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a/ The Ministry of Culture and Information shall
grant film dissemination permits to films produced or imported by central or
local cinematographic establishments or private cinematographic establishments
in the whole country, unless provincial-level People's Committees are assigned
by the Government to grant those permits;
b/ Based on the quantity of domestically made
and imported films of municipally or provincially run cinematographic
establishments, the Government shall authorize provincial/municipal People's
Committees to grant dissemination permits for films produced or imported by
their local film production establishments or private cinematographic
establishments and for to be-exported films produced by provincial-level
radio-television stations and having broadcasting decisions issued by directors
of provincial-level radio-television stations;
c/ The general director of Vietnam Television
and directors of provincial-level radio-television stations are entitled to
autonomy and accountability in deciding on the broadcasting of their own films
or imported films on their respective television stations.
2. The Ministry of Culture and Information may
withdraw film dissemination permits or television broadcast decisions; suspend
or stop the dissemination of films that violate the provisions of Article 11 of
this Law.
3. The grant of film dissemination permits and
issuance of decisions on broadcasting films on television shall be effected on
the basis of opinions of film appraisal councils.
Article 39.- Film
appraisal councils
1. Competence to establish film appraisal
councils is provided for as follows:
a/ Central-level film appraisal councils shall
be established by the Minister of Culture and Information;
b/ Provincial-level film appraisal councils
shall be established by presidents of provincial-level People's Committees;
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2. Film appraisal councils shall appraise films
to give advice to the heads of the agencies having decided to establish the
film appraisal councils on whether to disseminate films and how to classify
films for dissemination according to different age groups.
3. A film appraisal council consists of five or
more members, including the representative of the agency having decided on its
establishment, directors, screenwriters and other members.
Article 40.- Film
advertisement
1. Film advertisement includes advertisement
about films and advertisement in films.
2. Advertisement about films is provided for as
follows:
a/ Film production enterprises, Vietnam
Television, and provincial-level radio-television stations may introduce
information on films in the course of preparation and production thereof;
b/ Film production enterprises, Vietnam
Television and provincial-level radio-television stations shall not project the
full contents of films for advertisement when they have not yet acquired
permits for dissemination of such films from a competent cinematography state
management agency or broadcasting decisions from the general director of
Vietnam Television or directors of provincial-level radio-television stations.
3. Advertisement in films shall comply with the
advertisement law.
Article 41.-
Organization of and participation in film festivals and film fairs
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a/ The Ministry of Culture and Information shall
organize national film festivals on a regular basis and international film
festivals in Vietnam;
b/ Ministries, ministerial-level agencies and
government-attached agencies, provincial-level People's Committees, and the
Cinematographic Association may organize specialized film festivals and theme
film festivals with approval of the Ministry of Culture and Information;
c/ Film production establishments may
participate in film festivals;
d/ Films for participation in film festivals
must be those with dissemination permits issued by a competent cinematography
state management agency or with broadcasting decisions issued by the general
director of Vietnam Television or directors of provincial-level radio-television
stations;
e/ Vietnamese and foreign organizations and
individuals may only show foreign films introduction in Vietnam after they get
the Ministry of Culture and Information's approval.
2. Participation in international film festivals
or fairs and organization of Vietnamese film days overseas are provided for as
follows:
a/ Film production, distribution or
dissemination establishments, Vietnam Television and provincial-level
radio-television stations may participate in international film festivals or
fairs and organize Vietnamese film days overseas.
b/ Films for participation in international film
festivals or fairs, or in Vietnamese film days overseas must be those with
dissemination permits granted by a competent cinematography state management
agency or with broadcasting decisions issued by the general director of Vietnam
Television or directors of provincial-level radio-television stations;
c/ The organization of Vietnamese film days
overseas is subject to approval by the Ministry of Culture and Information.
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Within fifteen days after the date of receipt of
applications, the Ministry of Culture and Information shall issue written
replies on its approval or disapproval; in case of disapproval, it shall
clearly state the reason therefor.
Article 42.-
Organization of television film festivals
1. Vietnam Television shall organize national
television film festivals and international television film festivals in
Vietnam.
2. Provincial-level radio-television stations
may organize television film festivals with the Ministry of Culture and
Information's approval. Approval procedures shall comply with the provisions of
Clause 3, Article 41 of this Law.
3. Films for participation in television film
festivals must be those with broadcasting decisions issued by the general director
of Vietnam Television or directors of provincial-level radio-television
stations.
Article 43.- Foreign
cinematographic establishments' representative offices in Vietnam
1. The opening of representative offices of
foreign cinematographic establishments in Vietnam shall comply with the
provisions of Vietnamese law and be licensed by the Ministry of Culture and
Information.
2. A dossier of application for a license to
open a representative office of a foreign cinematographic establishment in
Vietnam comprises:
a/ An application for opening of a
representative office, which specifies the representative office's purposes,
tasks, scope of operation, headquarters and director and the commitment to
strictly observe the provisions of Vietnamese law;
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3. Within thirty days after the date of receipt
of complete and valid dossiers, the Ministry of Culture and Information shall
issue the licenses; in case of refusal, it shall reply in writing, clearly
stating the reason therefor.
4. Foreign cinematographic establishments'
representative offices in Vietnam may introduce their cinematographic
activities in accordance with Vietnamese law.
Article 44.- Overseas
representative offices of Vietnamese cinematographic establishments.
1. The opening of overseas representative
offices of Vietnamese cinematographic establishments is subject to approval by
the Ministry of Culture and Information.
2. A dossier of application for opening of an
overseas representative office of a Vietnamese cinematographic establishment
comprises:
a/ An application for opening of a
representative office, which specifies the representative office's purposes,
tasks, scope of operation, headquarters and director and the commitment to
strictly observe the laws of Vietnam and the host country;
b/ The document approving the opening of a
representative office issued by a competent state management agency of the host
country.
3. Within thirty days after the date of receipt
of complete and valid dossiers, the Ministry of Culture and Information shall
issue written replies on its approval or disapproval, in case of disapproval,
it shall clearly state the reason therefor.
Chapter VI
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Article 45.- Film
deposit
1. Film production establishments and
film-importing establishments shall deposit a copy of each film at the agency
granting film dissemination permits.
2. A film shall be deposited in the form of material
on which it is made.
3. For imported celluloid films, film-importing
establishments shall deposit the tapes or discs on which the films submitted
for approval are dubbed.
4. Within twelve months after the date a film is
granted a dissemination permit, the film depository agency specified in Clause
1 of this Article shall submit the deposited film to the film archive
establishment.
Article 46.- Film
archive
1. Within six months after the date a film is
granted a dissemination permit, establishments producing films with the state
budget shall submit to the film archive establishment original materials of the
films, including visual original, sound original, screenplay and enclosed
documents.
2. The Ministry of Culture and Information's
film archive establishment shall store films of cinematographic establishments
under the Ministry of Culture and Information and films of ministries, branches
and localities having permits for dissemination in the film projection network.
3. Film archive establishments of ministries or
branches shall store films for internal circulation; scientific research
institutions shall store their films.
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Article 47.- Rights and
obligations of film archive establishments
1. To ensure the safety of films and their
original materials and preserve them in accordance with technical requirements.
2. To organize the exploitation of archive
films, provide copies or record or extract materials for film production
establishments having films stored in accordance with law.
3. To cooperate with domestic and foreign
organizations and individuals in preserving, storing, restoring and exploiting
films.
4. To buy cinematographic works of domestic and
international values in service of research, training and study.
5. Apart from the rights and obligations
prescribed in Clauses 1,2,3 and 4 of this Article, the film archive agency
managed by the Ministry of Culture and Information may provide film archive
services for cinematographic establishments; sell, rent, disseminate archive
films with dissemination permits under the agreement with film owners; copy and
reproduce deposited films for sale, rental or dissemination when so approved by
with approval of competent cinematography state management agencies
The management and use of income from the above
activities shall comply with regulations of the Ministry of Culture and
Information and the Ministry of Finance.
Chapter VII
INSPECTION, AND HANDLING
OF VIOLATIONS
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1. The cinematography inspectorate belongs to
the Ministry of Culture and Information's inspectorate and shall conduct
inspection in cinematography.
2. The cinematography inspectorate has the
following tasks:
a/ Inspecting the implementation of law and
policies on cinematography
b/ Detecting, preventing and handling according
to its competence or proposing competent state management agencies to handle
acts of violating the cinematography law;
c/ Verifying, proposing competent state
management agencies to handle complaints and denunciations concerning
cinematography.
3. Organization and operation of the
cinematography inspectorate shall comply with the provisions of this Law and the
inspection law.
Article 49.- Violations
in film production and provision of film production services
1. Violating the provisions of Article 11 of
this Law.
2. Producing films or providing film production
services without business licenses or doing business at variance with the
provisions of business registration certificates.
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4. Violating regulations on signing and
performance of contracts between directors or general directors of film
production enterprises and investors, or screenwriters, directors and other
members of film crews.
5. Not submitting films for approval to get
permits before dissemination of films.
6. Not establishing a screenplay appraisal
council; not organizing biddings for the production of ordered films funded
with the state budget under the provisions of Clause 3, Article 24 of this Law.
Article 50.- Violations
in film distribution
1. Distributing films without dissemination
permits granted by competent cinematography state management agencies or broadcasting
decisions issued by the general director of Vietnam Television or directors of
provincial-level radio-television stations.
2. Distributing films after the films are
banned, suspended or stopped from dissemination or withdrawn, confiscated or
destroyed under decisions.
3. Distributing film tapes or discs not stuck
with control stamps of the Ministry of Culture and Information.
4. Dubbing or reproducing films for distribution
without contracts or at variance with contracts signed with film owners.
5. Exporting films without dissemination permits
granted by a competent cinematography state management agency or broadcasting
decisions issued by the general director of Vietnam Television.
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7. Importing films at variance with the
provisions of Clauses 2, 3 and 5, Article 30 of this Law.
8. Renting or selling films which are for
internal circulation.
9. Managing and using imported films for
scientific research for improper purposes or allowing unauthorized persons to
view the films.
Article 51.- Violations
in film dissemination
1. Projecting or broadcasting films without
dissemination permits granted by a competent cinematography state management
agency or broadcasting decisions issued by the general director of Vietnam
Television or directors of provincial-level radio-television stations.
2. Projecting or broadcasting films which are
banned, suspended or stopped from dissemination or withdrawn, confiscated or
destroyed under decisions.
3. Cinemas failing to satisfy the standards set
by the Ministry of Culture and Information
4. Allowing children to view films in cinemas
which are banned from viewing by children.
5. Failing to comply with the Government's regulations
on the ratio of the number of projections, time volume, time for projecting or
broadcasting Vietnamese films; time volume and time for projecting or
broadcasting children's films.
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1. Film production establishments' or
film-importing establishments' failure to deposit films or deposit films in
insufficient quantities or with improper types.
2. Film production establishments' failure to
submit for archive original materials of financed or ordered films funded with
the state budget, or deposit in insufficient quantities or with improper types
to film archive establishments within six months from the date the films are
granted dissemination permits by a competent cinematography state management agency.
3. Depository agencies' failure to submit
deposited films to film archive establishments within twelve months after the
date the films are granted dissemination permits by a competent cinematography
state management agency.
4. Film archive establishments' failure to
provide copies, record or extract materials for film production establishments
in accordance with law.
5. Film archive establishments' failure to
ensure safety for films and their original materials and to preserve films in
accordance with technical requirements for archives.
6. Film archive establishments' sale or rent of
films without consent of film owners or without permits granted by a competent
cinematography state management agency or broadcasting decisions of the general
director of Vietnam Television or directors of provincial-level
radio-television stations.
7. Film archive establishments managed by the
Ministry of Culture and Information that dub or reproduce deposited films for sale,
rent or dissemination without approval of a competent cinematography state
management agency; and manage and use income not in accordance with the
regulations of the Ministry of Culture and Information and the Ministry of
Finance.
Article 53.- Handling
of violations of cinematography law
Organizations and individuals violating the law
in cinematographic activities shall, depending on the nature and seriousness of
their violation, be disciplined, administratively sanctioned or examined for
penal liability; if causing damage, they shall pay compensations in accordance
with law.
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IMPLEMENTATION
PROVISIONS
Article 54.-
Implementation effect
This Law takes effect on January 1, 2007.
Article 55.-
Implementation guidance
The Government shall detail and guide the
implementation of Articles 5, 6, 11, 12, 14, 24, 30, 31, 33, 34, 35, 38, 41 and
53 of this Law.
This Law was passed on June 29, 2006, by the
XIth National Assembly of the Socialist Republic of Vietnam at its 9th session.