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NATIONAL ASSEMBLY OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Law No. 05/2022/QH15
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Hanoi, June 15, 2022
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LAW
ON CINEMATOGRAPHY OF VIETNAM
Pursuant to the
Constitution of the Socialist Republic of Vietnam;
The National Assembly
of Vietnam hereby promulgates the Law on Cinematography.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Law provides for
cinematographic activities; rights, tasks, and responsibilities of agencies,
organizations, and individuals engaged in cinematographic activities; state
management of cinematography.
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1. Vietnamese agencies, organizations, and individuals engaged
in cinematographic activities in Vietnam and abroad.
2. Foreign organizations and individuals engaged in
cinematographic activities in Vietnam.
3. State management agencies of cinematography; agencies,
organizations, and individuals related to cinematographic activities.
Article 3.
Interpretation of terms
For the purpose of this
Law, the following terms shall be construed as follows:
1. “Cinematography” is
a general art industry that applies audio-visual technology and creative
techniques to produce films.
2. “Film” means a
cinematographic work whose content is expressed by consecutive moving images or
images created by technical and technological devices and has audio (or not)
and other effects according to the principles of cinematographic language. A
film is recorded on materials used in the cinematographic industry or via
digital methods or other means of digital equipment and disseminated to
viewers, including feature films, documentaries, cartoons, and films of
combined genres.
Films do not include
recording products for disseminating news on radio, television, and the
internet; art shows, video games, recording products that show the activity of
one or more people and describe events and situations, or reality shows.
3. “Cinematographic activities” means activities of producing,
distributing films, promoting the development of cinematography, submitting
films for legal deposit and archive, and training the cinematographic
personnel.
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5. "Cinematographic
facilities” are enterprises, public service providers, and other
organizations established by organizations or individuals engaged in
cinematographic activities according to this Law and relevant laws.
6. “Film production” means the
process of creating a film, from developing the script to completing the
film.
7. “Film distribution”
means trading, purchasing, selling, leasing, exporting, or importing films.
8. “Film dissemination” means making
films available to viewers via film screenings in cinemas, public screening
venues, headquarters of diplomatic missions, foreign cultural agencies
established in Vietnam, on television, the internet, and other audio-visual
media.
9. “Film rating” means
the appraisal of film content, classification of films for appropriate
dissemination according to viewers’ age, or prohibition against dissemination.
10. “Film script” is
the entire content of a film expressed in writing or other characters on
materials used in the cinematographic industry, via digital methods, or other
means of technical equipment.
11. “Film owners" are
organizations or individuals that financially invest in physical and technical
facilities to produce films, buy film ownership, or are gifted or inherited
films and other forms as prescribed by law.
12. “Vietnamese film” means
a film permitted to disseminate in Vietnam according to this Law that has at
least 2 of the following factors: the director has Vietnamese nationality, a
Vietnamese cinematographic facility engaged in the film production, the owner
or co-owner of the film is a Vietnamese organization or individual.
13. “Provision of film
production services” means the provision of means, technical equipment,
backgrounds, personnel, and other activities related to film production.
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15. “Public screening
venues" are theatres, houses of culture, exhibition places, cultural
centers, clubs, accommodation service establishments, catering establishments,
disco clubs, shops, stores, stadiums, arenas, squares, public transportations,
and other means or places where film screenings are held.
Article 4. Principles
of cinematographic activities
1. Develop advanced
Vietnamese cinematography imbued with national identity, meeting the People's
demand for cultural and artistic enjoyment and international integration.
2. Preserve and promote
cultural and traditional values, ensuring humanism, aesthetics, and
entertainment.
3. Respect and ensure
creative freedom within the framework of the law, and protect the intellectual
property rights of organizations and individuals engaged in cinematographic
activities.
4. Ensure equality and
fair competition of organizations and individuals engaged in cinematographic
activities and the development of the cinematographic industry.
5. Develop the
cinematographic industry in compliance with market rules and international
treaties to which the Socialist Republic of Vietnam is a signatory.
6. Use the state budget
and social resources to invest in and support cinematography in an effective,
public, transparent, targeted, and focused manner, prioritizing the highlands,
mountainous areas, borders, islands, ethnic minority areas, and rural areas.
7. Comply with
regulations of the law, socio-ethical standards, and professional ethics and
take responsibility for developing a healthy business culture.
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1. The State shall
promulgate policies on the mobilization of resources, implement measures to
ensure a safe environment for investment and business, develop the
cinematographic market, and facilitate organizations and individuals engaged in
cinematographic activities to develop a cinematographic industry in association
with the socio-economic development and international integration.
2. The State shall invest
in and support the following activities:
a) Film production
implemented according to the plan to serve political tasks on the topics of
history, revolution, leaders, notables, national heroes, children, highlands, mountainous
areas, borders, islands, ethnic minority areas, and preservation and promotion
of Vietnamese cultural values;
b) Compilation of film
scripts, distribution and dissemination of films, provision of organization
budget, technical means and equipment to disseminate films to highlands,
mountainous areas, borders, islands, ethnic minority areas, and rural areas and
children, armed forces, and other tasks of politic, society, diplomacy, and
education;
c) Organization of
national film festivals, international festivals, specialized or thematic film
festivals, film programs, film weeks in Vietnam; film awards and film
competitions at national and international levels; Vietnamese film festivals,
film programs, and film weeks abroad.
d) Receive the transfer
of ownership and rights to use film scripts and films with high ideological and
artistic values for dissemination, education, research, archive, and political
tasks; processes of editing, translating, and subtitling films to introduce
Vietnam and its citizens;
dd) Development of film
ratiocination and criticism; dissemination, introduction, and orientation of
cinematographic aesthetics;
e) Research and
application of scientific and technological achievements to cinematographic
activities;
g) Development and
promotion of the Vietnamese cinematographic brand;
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i) Development of a
statistical infrastructure system and database of the cinematographic industry.
3. The State shall
promulgate incentive policies on credit, tax, and land for organizations and
individuals engaged in cinematographic activities as prescribed by law.
4. The State shall encourage
organizations and individuals engaged in cinematographic activities prescribed
in Clause 2 of this Article and the following activities:
a) Production,
distribution, and dissemination of films; promotion of the development of
cinematography; international cooperation, scientific research, technology
transfer, provision of digital services for the development of cinematography;
b) Provision of services
of finance, credit, guarantee, and mortgage of intellectual property rights and
insurance products for the development of cinematography;
c) Provision of
sponsorships and gifts for cinematographic activities and cinematographic
development support funds established by organizations or individuals.
5. The Government of
Vietnam shall elaborate Point d and Point e Clause 2 of this Article.
Article 6. Development
of cinematographic personnel
1. The State shall
promulgate policies to attract, provide training and advanced training,
facilitate the development of cinematographic talents, especially young talents,
and provide appropriate remuneration to improve the quality of cinematographic
personnel.
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3. The State shall
encourage training, advanced training, and technology transfer for the
development of cinematographic personnel serving the production, distribution,
and dissemination of films via the implementation of programs, projects of the
State, and international cooperation; combine cinematographic personnel
training with research and application of science and technology.
Article 7.
Socio-political-vocational organizations and socio-vocational organizations of
cinematography
Socio-political-vocational
organizations and socio-vocational organizations of cinematography that are
established and operate according to the Law on Associations of Vietnam shall:
1. Protect the rights and
legal benefits of their members as prescribed by law;
2. Participate in
developing, disseminating, and providing education in policies and laws on
cinematography;
3. Participate in
promoting and providing training and knowledge of cinematography; develop a
healthy environment of professional activities and business for their members;
mobilize social resources to implement cinematographic activities as prescribed
by law;
4. Develop and organize
the implementation of the code of professional ethics; mobilize their members,
organizations, and individuals engaged in cinematographic activities to comply
with the law;
5. Detect and request
competent state agencies to handle violations of the Law on Cinematography of
Vietnam.
Article 8.
Foreign-invested cooperation in cinematographic activities
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a) Establishment of
foreign-invested organizations, capital contribution investment, share
purchase, purchase of contributed capital, in which the foreign investor’s
capital does not exceed 51% of the charter capital;
b) Agreement on
cooperative business.
2. Houses of culture,
cinema units, public cinema clubs and associations, and mobile cinema teams of Vietnam
shall not participate in the agreement on cooperative business or joint
ventures with foreign service providers.
Article 9. Prohibited
contents and acts in cinematographic activities
1. Prohibition against
contents that:
a) Violate the Constitution
and laws; incite opposition to or sabotage the implementation of the
Constitution and laws;
b) Disseminate contents
that oppose the Socialist Republic of Vietnam; sabotage the great national
unity bloc; damage the interests of Vietnam, its people, and cultural values;
insult the National Flag, Communist Party of Vietnam Flag, National Emblem, and
National Anthem;
c) Disseminate or incite
invasive wars, cause hatred and discrimination among ethnic groups and the
people of different countries; disseminate reactionary ideology and social
crimes; sabotage social culture and ethics;
d) Distort the national
history, deny revolutionary achievements; insult the nation, notables, and
national heroes; inappropriately express or infringe the national sovereignty;
slander and insult the reputation of agencies, organizations, and the honor and
dignity of individuals;
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e) Incite and insult
religions and belief; disseminate and promote illegal belief and religious activities
g) Disclose state
secrets, personal secrets of an individual, and other secrets as prescribed by
law;
h) Incite violence,
criminal acts via by detailing measures, images, sounds, dialogues, scenes of
beating, torture, murder in a brutal manner, and acts of insulting human
dignity, unless such contents are used to criticize, denounce, or condemn
crimes and uphold justice, honor traditional and cultural values;
i) Show details of lewd,
depraved, incestuous images, sounds, and dialogues;
k) Violate legal rights
and benefits of children and minors
l) Violate principles of
gender equality, gender stereotypes, and gender discrimination.
2. Prohibition against
acts of:
a) Distributing or
disseminating films in cinemas, on television, and public screening venues
without the Film Rating License of competent state agencies of cinematography
or the Broadcast Decision of press agencies with television operation permits;
b) Disseminating films on
the internet without classifying such films or displaying the results of film
ratings as prescribed by this Law;
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d) Producing,
distributing, and disseminating films and submitting films for legal deposit
and archive without compliance with this Law, the Law on Intellectual Property
of Vietnam, and relevant laws;
dd) Distributing and
disseminating films subject to revocation of Film Rating Licenses or Broadcast
Decisions;
e) Making copies of films
without the consent of their owners, unless otherwise prescribed by the Law on
Intellectual Property of Vietnam;
g) Not notifying
competent state agencies when disseminating films in public screening venues;
h) Appraising and issuing
Film Rating Licenses contrary to the law.
Chapter II
FILM PRODUCTION
Article 10. Rights and
tasks of cinematographic facilities that produce films
1. Cinematographic
facilities that produce films may:
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b) Participate in
producing films with funding from the state budget;
c) Participate in film
festivals, film awards, film competitions, film programs, and film weeks.
2. Cinematographic
facilities that produce films shall:
a) Ensure the film
production follows the registered business and assigned or approved functions
and tasks;
b) Compile the contents
of documents on script appraisal for films produced with funding from the state
budget;
c) Ensure social
security, order, and safety, health care, prevention and control of fire and
explosion, environmental protection, cultural heritage protection, and relevant
matters as prescribed by law during the film production;
d) Send a written
commitment to not violate regulations prescribed in Article 9 of this Law to
the Ministry of Culture, Sports, and Tourism of Vietnam in case of cooperation
with foreign organizations or individuals in producing films or receiving
sponsorships from foreign organizations or individuals to produce films;
dd) Comply with this Law
and relevant laws.
Article 11. Rights and
tasks of film producers, screenwriters, directors, cinematographers, actors,
and other members of a film crew
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a) Be artistically
creative within the framework of the law;
b) Enjoy intellectual
property rights as prescribed by the Law on Intellectual Property of Vietnam;
c) Receive protection of
legal rights and benefits regarding cinematographic activities.
2. Film producers,
screenwriters, directors, cinematographers, actors, and other members of a film
crew shall:
a) Comply with this Law
and relevant laws;
b) Carry out the contract
with cinematographic facilities that produce films based on agreement and
compliance with the law;
c) Comply with the code
of professional ethics and the code of conduct of people working in the field
of art.
Article 12. Studio
activities
1. Organization of
management and operation or cooperation in conducting joint venture and joint
production of films.
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Article 13. Film
production activities in Vietnam of foreign organizations and individuals
1. Foreign organizations
and individuals that produce films in Vietnam shall use film production
services provided by Vietnamese cinematographic facilities.
2. Foreign organizations
and individuals that produce films in Vietnam shall ensure the following
criteria:
a) Agreement documents or
contracts to provide film production services with Vietnamese cinematographic
facilities;
b) Films that use film
production services in Vietnam do not violate regulations prescribed in Article
9 of this Law;
c) In the case of using
filming services with the use of backgrounds in Vietnam, there must be a
License to provide filming services with the use of backgrounds in Vietnam issued
by the Ministry of Culture, Sports, and Tourism of Vietnam.
3. Applications for the
License to provide filming services with the use of backgrounds in Vietnam for
foreign organizations and individuals include:
a) A written request for
the issuance of the License according to the form stipulated by the Minister of
Culture, Sports, and Tourism of Vietnam;
b) A summarized script of
the film and a detailed script of the filming content with the use of
backgrounds in Vietnam in Vietnamese;
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d) A written commitment
not to violate regulations prescribed in Article 9 of this Law of the foreign
organization or individual that use filming services with the use of
backgrounds in Vietnam.
4. Procedures for
issuance of License to provide filming services with the use of backgrounds in
Vietnam for foreign organizations and individuals are as follows:
a) Foreign organizations
and individuals that use filming services with the use of backgrounds in
Vietnam or Vietnamese cinematographic facilities that provide filming services
with the use of backgrounds in Vietnam for foreign organizations and
individuals shall submit a dossier of applications via the National Public
Service Portal or by post or directly to the Ministry of Culture, Sports, and
Tourism of Vietnam;
b) Within 20 days after
receiving the valid applications, the Ministry of Culture, Sports, and Tourism
of Vietnam shall issue the License; in case of refusal, notify and provide
written explanations.
In case the script is
subject to amendments due to violation of regulations prescribed in Article 9
of this Law and relevant laws or the application is subject to amendments and
supplements of information at the request of the Ministry of Culture, Sports,
and Tourism of Vietnam, within 20 days after receiving the amended script or
amended and supplemented application, the Ministry of Culture, Sports, and Tourism
of Vietnam shall issue the License.
In case of changes to the
contents prescribed in Points a, b, and c Clause 3 of this Article after
receiving the License to provide filming services with the use of backgrounds
in Vietnam, foreign organizations and individuals or Vietnamese cinematographic
facilities shall apply for re-issuance of the License according to the
procedures prescribed in Clause 4 of this Article; in case of changes only to
the contents prescribed in Point a and Point c Clause 3 of this Article, within
5 working days after receiving the valid applications, the Ministry of Culture,
Sports, and Tourism of Vietnam shall issue the License.
6. The Ministry of
Culture, Sports, and Tourism of Vietnam shall revoke the License to provide
filming services with the use of backgrounds in Vietnam in the following cases:
a) Violation of
regulations prescribed in Article 9 of this Law during film production;
b) Information in the
application for the License is forged;
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Article 14. Production
of films with funding from the state budget
1. The production of film
with funding from the state budget for political tasks prescribed in Point a
Clause 2 Article 5 of this Law shall be done in the form of task assignment,
ordering, or bidding.
2. Investors of projects
on film production with funding from the state budget shall be Ministries,
ministerial agencies, governmental agencies, central agencies of political
organizations, socio-political organizations, social-political-vocational
organizations, and People’s Committees of provinces.
3. Investors of projects
on film production with funding from the state budget shall:
a) Conduct the process of
selecting film production projects;
b) Establish the Script
Appraisal Council and Film Production Project Selection Council according to
regulations promulgated by the Minister of Culture, Sports, and Tourism of
Vietnam.
4. Investors of projects
on film production with funding from the state budget may mobilize other legal
sources of finance to produce films.
5. Film ownership and
intellectual property rights for films with funding from the state budget shall
comply with the Law on Intellectual Property of Vietnam and relevant laws.
6. The Government of
Vietnam shall elaborate Clause 1 and Point a Clause 3 of this Article.
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FILM DISTRIBUTION
Article 15. Rights and
tasks of cinematographic facilities that distribute films
1. Cinematographic
facilities that distribute films may:
a) Distribute films in Vietnam
and abroad;
b) Trade, purchase, sell,
lease, export, and import films according to the law.
2. Cinematographic
facilities that distribute films shall:
a) Ensure the film distribution
follows the registered business and assigned or approved functions and tasks;
b) Ensure the distributed
films comply with this Law and relevant laws;
c) Take legal liability
for the contents of distributed films.
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Organizations and
individuals shall trade, purchase, sell, or lease films according to this Law
and relevant laws.
Article 17. Film
exportation and importation
1. Organizations and
individuals may only export films with Film Rating Licenses or Broadcast
Decisions.
2. Organizations and
individuals that import films must make written commitments to not violate
regulations prescribed in Article 9 of this Law regarding film contents and
submit them to the Ministry of Culture, Sports, and Tourism of Vietnam.
3. Heads of organizations
and individuals that import films shall take legal liability for the contents
of imported films to disseminate them; manage and use films for research,
education, archive, and internal circulation.
4. The State shall
encourage and facilitate organizations and individuals to participate in film
exportation.
Chapter IV
FILM DISSEMINATION
Article 18. Rights and
tasks of cinematographic facilities that disseminate films
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a) Disseminate films
according to the law;
b) Promote films and
provide other services for viewers according to the law.
2. Cinematographic
facilities that disseminate films shall:
a) Ensure the film
dissemination follows the registered business and assigned or approved
functions and tasks;
b) Only distribute films
with Film Rating Licenses or Broadcast Decisions, except for the case of
self-rating of films as prescribed in Point b Clause 2 Article 21 of this Law;
c) Ensure the criteria
for film dissemination for each form of film dissemination;
d) Show film rating and
warning according to regulations promulgated by the Minister of Culture,
Sports, and Tourism of Vietnam;
dd) Terminate the
dissemination of films at the written request of a competent state agency.
Article 19. Film
dissemination in cinemas
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a) Such facilities are
enterprises or public service providers established according to the law;
b) Such facilities have
cinemas that meet technical standards as prescribed by the Minister of Culture,
Sports, and Tourism of Vietnam.
2. Cinematographic
facilities that disseminate films in cinemas may:
a) Refuse to serve
viewers when they use banned substances or stimulants; bring weapons,
incendiary and explosive materials, radioactive substances, hazardous
substances, or banned substances into the cinema; cause disorder and
obstruction at the cinema;
b) Prevent the copying, recording,
video recording, and spreading of films contrary to the law;
c) Request violating
individuals prescribed in Point a and Point b of this Clause to leave the
cinema and request competent agencies or persons to handle such individuals.
3. Cinematographic
facilities that disseminate films in cinemas shall perform tasks prescribed in
Clause 2 Article 18 of this Law and shall:
a) Ensure the percentage
of Vietnamese film screening sessions, Vietnamese film screening time frames,
and duration and time frame of children’s films;
b) Ensure viewers are of
the right age according to film ratings;
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d) Implement data
connection and comply with regulations on submission of reports on operational
status at the request of competent state agencies.
4. Cinematographic
facilities that disseminate films in cinemas are encouraged to disseminate
policies and laws of the State before the screening.
5. The Government of
Vietnam shall elaborate Point a and Point c Clause 3 of this Article.
Article 20. Film
dissemination on television
1. Press agencies
permitted to disseminate films on television shall:
a) Have licenses to
operate in the field of television as prescribed by the Law on Press of
Vietnam;
b) Have Broadcast
Decisions to disseminate films on the Vietnamese television system or disseminate
films on on-demand television service packages and on-demand television
services on the internet.
2. Press agencies
prescribed in Clause 1 of this Article, when disseminating films on the
television system, shall perform the tasks prescribed in Clause 2 Article 18 of
this Law and ensure the broadcast time ratio of Vietnamese films to foreign
films, broadcast time frames of Vietnamese films, and duration and broadcast
time frames of children’s films on domestic television channels as prescribed by
the Government of Vietnam.
3. Heads of press
agencies with licenses to operate in the field of television shall decide on
the issuance and revocation of Broadcast Decisions according to the law.
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Article 21. Film
dissemination on the internet
1. Entities permitted to
disseminate films on the internet are enterprises, public service providers,
and organizations engaged in film dissemination as prescribed by this Law and
relevant laws.
2. Entities that
disseminate films on the internet as prescribed in Clause 1 of this Article
shall perform tasks prescribed in Point c and Point d Clause 2 Article 18 of
this Law, regulations of relevant laws, and shall:
a) Not disseminate films
that violate regulations prescribed in Article 9 of this Law and relevant laws;
b) Before disseminating
films on the internet, ensure conditions for the implementation of film rating
according to regulations of the Government of Vietnam and take legal liability
for the contents and results of film ratings; in case of incapacity to conduct
film rating, request the Ministry of Culture, Sports, and Tourism of Vietnam or
Agencies authorized by the Ministry of Culture, Sports, and Tourism of Vietnam
to conduct the rating regarding films without Film Rating Licenses or Broadcast
Decisions according to the procedures prescribed in Clause 3 and Clause 4
Article 27 of this Law;
c) Notify the list of
films that will be disseminated and the results of film ratings to the Ministry
of Culture, Sports, and Tourism of Vietnam before disseminating such films on
the internet;
d) Adopt necessary
technical measures and provide guidelines for parents or caretakers of children
to control, manage, and ensure that children watch age-appropriate films
disseminated on the internet and for service users to report films that violate
this Law;
dd) Provide focal points
and contact information to receive and process requests of state management
agencies and feedback, complaints, and denunciations of service users;
e) Remove films that
violate regulations prescribed in Article 9 of this Law and relevant laws at
the written request of a competent state agency.
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a) Implement technical
solutions and cooperate with competent state management agencies in removing
and preventing violating films;
b) Ensure the performance
of tasks prescribed in Point a and Point d Clause 2 of this Article.
4. Organizations and
enterprises that have telecommunications networks shall prevent the access of
violating films at the request of competent state agencies.
5. The Ministry of
Culture, Sports, and Tourism of Vietnam shall organize personnel and technical
means to inspect film contents, conduct film ratings, and display rating
results of films disseminated on the internet; cooperate with the Ministry of
Information and Communications of Vietnam, the Ministry of Public Security of
Vietnam, and relevant state management agencies in implementing measures to
prevent and handle acts of violation according to the law.
6. The Government of
Vietnam shall elaborate Points b, c, d, and dd Clause 2 and Point a Clause 3
and Clause 4 of this Article.
Article 22. Film
dissemination in public screening venues
1. Organizations that
disseminate films at public screening venues shall:
a) Ensure social
security, order, and safety, health care, prevention and control of fire and
explosion, environmental protection, and relevant criteria according to the
law;
b) Provide the list of
screening films for competent state agencies at localities where organizations
registered for business.
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3. Organizations and
individuals that manage and use public screening venues shall carry out tasks
prescribed in Clause 2 Article 18 of this Law and shall:
a) Comply with
regulations on business activities, criteria for social security, order, and safety,
health care, prevention and control of fire and explosion, environmental
protection, and relevant laws;
b) Change the time and
scale of film screening at public screening venues at the request of competent
state agencies.
4. Organizations that
disseminate films at public screening venues are encouraged to disseminate
policies and laws of the State before the screening.
Article 23.
Dissemination of films for political tasks in highlands, mountainous areas,
borders, islands, ethnic minority areas, and rural areas
1. The dissemination of
films for political tasks in highlands, mountainous areas, borders, islands,
ethnic minority areas, and rural areas is a regular activity according to
annual plans decided and invested in by local authorities regarding film
dissemination equipment and transportation suitable for actual situations of
each locality.
2. The state budget shall
ensure to provide 100% of the budget for film dissemination in highlands,
mountainous areas, borders, islands, and ethnic minority areas and at least 50%
in rural areas.
3. Cinematographic
facilities are encouraged to apply information technology to the provision of
films for dissemination in highlands, mountainous areas, borders, islands,
ethnic minority areas, and rural areas.
Article 24. Film
dissemination at diplomatic missions and foreign facilities of culture
established in Vietnam
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1. Ensure compliance with
international treaties to which the Socialist Republic of Vietnam is a
signatory;
2. Ensure the
implementation of rights and tasks prescribed in Article 18 and Article 22 of
this Law.
Article 25. Film
promotion
1. Organizations and
individuals may promote films via trailers or information related to the
previous films during the process of production, distribution, and
dissemination of films according to laws on advertising and shall not violate
regulations prescribed in Article 9 of this Law.
2. Organizations and
individuals shall not show the whole content of a movie for promotional
purposes without Film Rating Licenses or Broadcast Decisions.
Article 26.
Advertisements for products, goods, and services in movies
Product, goods, and
service advertising in movies shall comply with regulations of laws on
advertising and relevant laws.
Article 27. Issuance
of Film Rating Licenses
1. Regulations on
competency in issuing Film Rating Licenses:
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b) People’s Committees of
provinces may issue Film Rating Licenses if they satisfy the requirements
promulgated by the Minister of Culture, Sports, and Tourism of Vietnam.
2. Film Rating Licenses
issued by the Ministry of Culture, Sports, and Tourism of Vietnam and People’s
Committees of provinces are valid nationwide.
3. Applications for the
issuance of Film Rating Licenses include:
a) A written request for
the issuance of the Film Rating License according to the form stipulated by the
Minister of Culture, Sports, and Tourism of Vietnam;
b) A copy of the document
proving the legal ownership or rights to use the film;
c) The completed film;
d) The Vietnamese-dub
version of the film for foreign films.
4. Procedures for the
issuance of Film Rating Licenses:
a) Organizations and
individuals shall submit a dossier of applications via the National Public
Service Portal, by post, or directly to the competent state agency prescribed
in Clause 1 of this Article;
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In case the film is
subject to content adjustment or the application is subject to amendments or
supplements of information at the request of competent state agencies
prescribed in Clause 1 of this Article, within 15 days after receiving the
adjusted film or 10 days after receiving the amended and supplemented
application, competent state agencies shall issue the License.
Article 28. Changes to
film contents and film names in Film Rating Licenses
1. In case of changes to
the contents of films with Film Rating Licenses, organizations and individuals
shall apply for the re-issuance of Film Rating Licenses as prescribed in
Article 27 of this Law.
2. In case of changes
only to the names of films with Film Rating Licenses, organizations and
individuals shall send written notifications to competent state agencies that
have issued such licenses.
Within 5 working days
from the date the competent state agency receives the notifications, competent
state agencies shall respond and provide explanations in writing in case of
refusal.
Article 29. Revocation
of Film Rating Licenses
1. State agencies
competent to issue Film Rating Licenses prescribed in Clause 1 Article 27 of
this Law shall revoke a Film Rating License when:
a) The issuance of the
Film Rating License is contrary to regulations;
b) Information in the
application for the Film Rating License is forged;
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The continuation of
application for Film Rating Licenses after remedying the mentioned violations
shall comply with regulations prescribed in Article 27 of this Law.
Article 30.
Termination of film dissemination
1. State agencies
competent to terminate film dissemination are agencies that issue Film Rating
Licenses, agencies that receive notifications of the contents and screening
programs at public screening venues, or inspectorates according to regulations
of the Government of Vietnam.
2. Competent state
agencies shall issue written decisions on the termination of film
dissemination, which specify the reason, time, and period of termination of
film dissemination for the following cases:
a) Violation of
regulations prescribed in Article 9 of this Law;
b) Occurrence of matters
of national defense and security or natural disasters, epidemics, or
emergencies.
3. If organizations wish
to continue the dissemination of films, send written requests for the
continuation of film dissemination to competent state agencies for
consideration and decision.
Within 5 working days
after receiving the written request for the continuation of film dissemination,
the competent state agency shall consider, decide, and notify the result in
writing to the organization that proposed the film dissemination.
4. Organizations subject
to termination of film dissemination shall disclose such matter on mass media
regarding the termination and take on responsibilities for ensuring the
benefits of relevant organizations and individuals as prescribed by law.
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1. The competence in
establishing Film Appraisal and Rating Boards is as follows:
d) The Minister of
Culture, Sports, and Tourism of Vietnam shall establish the Film Appraisal and
Rating Board of the Ministry of Culture, Sports, and Tourism of Vietnam;
b) Chairmen of People’s Committees
of provinces shall establish Film Appraisal and Rating Board of such provinces
or centrally affiliated cities;
c) Heads of press
agencies with licenses to operate in the field of television shall establish
Film Appraisal and Rating Boards of such press agencies.
2. The Film Appraisal and
Rating Board shall provide advisory services for competent state agencies
before they issue Film Rating Licenses or Broadcast Decisions. The Appraisal
and Rating Board composition includes cinematographic specialists, experts, and
managers of relevant fields and shall ensure gender equality.
3. The Minister of
Culture, Sports, and Tourism of Vietnam shall stipulate the organization and
operation of Film Appraisal and Rating Boards.
Article 32. Film
rating
1. Films are rated
according to their contents for appropriate dissemination according to viewers’
age or prohibition against dissemination as follows:
a) P rated: Films
eligible for dissemination to viewers of all ages;
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b) T16 rated (16+): Films
eligible for dissemination to viewers from 16 years old or older;
b) T13 rated (13+): Films
eligible for dissemination to viewers from 13 years old or older;
dd) K rated: Films eligible
for dissemination to viewers under 13 years old, provided that they are with
their parents or guardians;
e) C rated: Films
prohibited from disseminating.
2. The criteria for film
rating apply to all of the forms of film dissemination stipulated by the
Minister of Culture, Sports, and Tourism of Vietnam.
Chapter V
SUBMISSION OF FILMS FOR LEGAL DEPOSIT AND
ARCHIVE
Article 33. Legal
deposit of films
1. A cinematographic
facility that has a film with the Film Rating License according to regulations
shall submit a copy of the film for legal deposit to the agency that issued the
Film Rating License. Regarding a Vietnamese film with funding from the state
budget, submit the script and relevant documents along with a copy of such
film.
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3. At the end of the
legal deposit period, legal deposit agencies shall:
a) Transfer the legal
deposit film copy without password, its script, and attached documents to film
archives for Vietnamese films produced using the state budget;
b) Transfer the legal
deposit film copy to film archives of Vietnamese films produced without funding
from the state budget;
c) Return the legal
deposit film to the facility that submitted it regarding imported films.
4. Cinematographic
facilities shall unlock the passwords of films for comparison and inspection at
the request of agencies that issue Film Rating Licenses.
Article 34. Archive of
films
1. Film archives of
agencies of culture, sports, and tourism shall archive Vietnamese films with
Film Rating Licenses.
2. Film archives of press
agencies with licenses to operate in the field of television shall archive
films of their agencies or units.
3. Film archives of
Ministries or central authorities shall archive films for internal circulation;
scientific research agencies shall archive films of their agencies or units.
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1. Archive, provide
copies, and print extracts for film owners and competent state agencies as
prescribed by law.
2. Cooperate with domestic
or foreign organizations and individuals in preserving, archiving, and
restoring films; utilize films according to agreements with film owners.
3. Purchase and receive
the transfer of domestic or foreign films with values for research, teaching, and
learning.
4. Provide archive
services; sell, lease, and disseminate archived films according to agreements
with film owners.
5. Ensure the safety of
films, their scripts, and attached documents according to technical standards.
6. Take legal liability to
ensure the intellectual property rights regarding their archived films.
Article 36. Rights and
tasks of film owners regarding legal deposit and archive
1. Receive the assurance
of the safety of film copies, materials, and documents attached to such films
and the assurance of intellectual property rights as prescribed by law from
film archives.
2. Decide on the sale,
lease, dissemination, and use of services regarding archived films.
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4. Unlock the passwords
of films for comparison and inspection at the request of competent state
agencies.
Chapter VI
PROMOTION OF CINEMATOGRAPHIC DEVELOPMENT;
CINEMATOGRAPHIC DEVELOPMENT SUPPORT FUND
Section 1. PROMOTION
OF CINEMATOGRAPHIC DEVELOPMENT
Article 37. Contents
of the promotion of cinematographic development should:
1. Promote Vietnamese
films, cinematographic environment, film production ecosystem, cultural
identity, Vietnam, and people of Vietnam.
2. Develop and promote
cinematographic brands of Vietnam, regions, localities, and enterprises;
research and develop the domestic and foreign cinematographic market.
3. Disseminate, improve
the social awareness of cinematography, and contribute to the assurance of a
safe, healthy, and civilized cinematographic environment.
4. Search for chances,
mobilize resources for investment in cinematographic development, diversify
film genres, and improve the quality of Vietnamese films.
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1. State agencies at
central levels, political organizations, socio-political-vocational
organizations, People's Committees of provinces may organize film festivals,
specialized or thematic film festivals, film awards, film competitions, film
programs, and film weeks in Vietnam according to the following regulations:
a) Heads of agencies or
organizations shall take charge of organizing film festivals, specialized or
thematic film festivals, film awards, film competitions, films programs, and
film weeks;
b) Films that participate
in film festivals, specialized or thematic film festivals, film awards, film
competitions, film programs, and film weeks must have Film Rating Licenses or
Broadcast Decisions;
c) The Ministry of Culture,
Sports, and Tourism of Vietnam must be informed of implementation plans at
least 5 working days before the organization date and implementation results at
least 5 working days after the end of film festivals, specialized or thematic
film festivals, film awards, film competitions, film programs, and film weeks.
2. Vietnamese
organizations and agencies that are not state agencies at central levels,
political organizations, socio-political-vocational organizations, and People's
Committees of provinces may organize film festivals, specialized and thematic
film festivals, film awards, film competitions, film programs, and film weeks
in Vietnam if they satisfy the criteria prescribed by the Government of Vietnam
and comply with regulations prescribed in Clause 1 of this Article.
3. International
organizations, foreign organizations, diplomatic missions, and foreign
facilities of culture, when organizing film festivals, specialized or thematic
film festivals, film awards, film competitions, film programs, and film weeks
in Vietnam, must have licenses issued by the Ministry of Culture, Sports, and
Tourism of Vietnam.
4. The Ministry of
Culture, Sports, and Tourism of Vietnam shall take charge and organize periodic
national film festivals and international film festivals in Vietnam.
5. Applications for
issuance of licenses to organize film festivals, specialized or thematic film
festivals, film awards, film competitions, film programs, and film weeks
prescribed in Clause 3 of this Article are as follows:
a) Applications for
issuance of licenses to organize film festivals, specialized or thematic film
festivals, film awards, and film competitions include written requests for
issuance of licenses according to the form stipulated by the Minister of
Culture, Sports, and Tourism of Vietnam; plans that specify purposes, meanings,
criteria, contents, organizational structure, budget, task assignment, and
implementation; charters that specify participants, the structure of the award,
and composition of judges;
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6. Procedures for
issuance of licenses to organize film festivals, specialized or thematic film
festivals, film awards, film competitions, film programs, and film weeks are as
follows:
a) Agencies and
organizations shall submit a dossier of applications via the National Public
Service Portal, by post, or directly to the Ministry of Culture, Sports, and
Tourism of Vietnam;
b) Within 15 days after
receiving the valid application, the Ministry of Culture, Sports, and Tourism
of Vietnam shall issue the license; in case of refusal, notify and provide
written explanations.
In case the application
is subject to amendments and supplements of information at the request of the
Ministry of Culture, Sports, and Tourism of Vietnam, within 10 days after
receiving the amended and supplemented application, the Ministry of Culture,
Sports, and Tourism of Vietnam shall issue the license.
7. In case of changes to
contents prescribed in Point a Clause 5 of this Article, after receiving
licenses, agencies and organizations shall apply for re-issuance of licenses
according to regulations prescribed in Clause 5 and Clause 6 of this Article.
Within 5 working days after receiving the valid applications, the Ministry of
Culture, Sports, and Tourism of Vietnam shall issue licenses.
8. The Ministry of
Culture, Sports, and Tourism of Vietnam shall revoke licenses in the following
cases:
a) Violations of
regulations prescribed in Article 9 of this Law during the organization of film
festivals, specialized or thematic film festivals, film awards, film
competitions, film programs, and film weeks;
b) Information in the
application for the License is forged;
c) Failure to comply with
the contents of the License.
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1. The Ministry of
Culture, Sports, and Tourism of Vietnam shall organize Vietnamese film programs
and film weeks abroad according to the approved plan.
2. Other agencies and
organizations that organize Vietnamese film programs and film weeks abroad
shall send written notifications to Vietnamese diplomatic missions at
corresponding countries or areas regarding the contents and organizational
plans at least 20 days before the organization date.
3. Vietnamese diplomatic missions
in corresponding countries or areas shall support, facilitate the organization
of Vietnamese film programs and film weeks abroad, and inform the Ministry of
Culture, Sports, and Tourism of Vietnam in case they find inappropriate
content.
4. Heads of agencies and
organizations shall take responsibility for the organization of Vietnamese film
programs and film weeks abroad.
Article 40. Films that
participate in film festivals, film awards, film competitions, film programs,
and film weeks in Vietnam and abroad
1. Films that participate
in film festivals, film awards, film competitions, film programs, and film
weeks in Vietnam or abroad are films with Film Rating Licenses or Broadcast
Decisions.
2. In case the rules of
international film festivals and film awards stipulate that the participating
films are national representative films, the Ministry of Culture, Sports, and
Tourism of Vietnam shall stipulate and organize the film selection.
Article 41. Incentive
regulations for foreign organizations using film production services in Vietnam
Foreign organizations
producing films with the use of backgrounds in Vietnam or film production
services provided by Vietnamese organizations may receive tax incentives
according to laws on tax.
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Section 42.
Establishment of Cinematographic Development Support Fund
1. The Cinematographic
Development Support Fund is an off-budget state financial fund supported by the
State with charter capital, established and operated according to law; has
independent financial capacity; has revenues and expenditure tasks that do not
coincide with revenues and expenditure tasks of the state budget; has legal
personality, separate seals, and accounts. The Prime Minister of Vietnam shall
decide on the establishment and approve the Charter for organization and
operation of the Cinematographic Development Support Fund.
2. The Government of
Vietnam shall elaborate this Article.
Section 43. The
Cinematographic Development Support Fund aims to:
1. Provide support for
projects on experimental films, debut films, and films of young authors.
2. Provide support for
authors, film production projects, and outstanding Vietnamese films that
participate in film festivals, film awards, film competitions, film fairs, film
programs, and film weeks abroad.
3. Provide support for
other activities for cinematographic development.
Section 44.
Operational principles of the Cinematographic Development Support Fund
1. Operate not for profits;
preserve the charter capital and cover its own management costs.
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3. Submit to the state
inspection and audit regarding its activities.
4. Ensure publicity,
transparency, thrift, efficiency, proper use, and compliance with the law, not
coinciding with the budget provided by the state for public activities of
cinematography. The fund shall not provide support for film production projects
funded by the state budget.
5. Transfer the remaining
budget of the previous year to the following year for use.
Chapter VII
RESONSIBILITIES OF STATE MANAGEMENT OF
CINEMATOGRAPHY
Article 45.
Responsibilities of state management of cinematography of the Government of
Vietnam and the Ministry of Culture, Sports, and Tourism of Vietnam
1. The Government of
Vietnam shall perform the unified state management of cinematography.
2. The Ministry of
Culture, Sports, and Tourism of Vietnam shall assist the Government of Vietnam
in performing state management of cinematography and shall:
a) Promulgate (or request
competent state agencies to promulgate) and organize the implementation of
policies and legislative documents on cinematography, strategies, and plans for
cinematographic development;
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c) Develop national
standards and technical regulations in cinematographic activities; statistical
target system and cinematographic database;
d) Provide training and
advanced training and develop cinematographic personnel;
dd) Conduct international
cooperation in cinematographic activities; promote cinematographic development
in Vietnam and abroad;
e) Research and apply
science and technology to cinematographic activities;
g) Issue and revoke
licenses in cinematographic activities; terminate the dissemination of films
according to entitlements;
h) Perform emulation and
commendation work in cinematographic activities;
i) Inspect, settle
complaints and denunciations, and handle law violations in cinematographic
activities according to entitlements.
Article 46.
Responsibilities of state management of cinematography of Ministries and
ministerial agencies
Ministries and
ministerial agencies shall, within their scope of tasks and entitlements,
cooperate with the Ministry of Culture, Sports, and Tourism of Vietnam in
performing the state management of cinematography.
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1. People's Committees of
all levels shall, within their scope of tasks and entitlements, perform the
state management of cinematography in their areas; ensure social security,
order, and safety, health care, prevention and control of fire and explosion,
and environmental protection at locations of film production, distribution, and
dissemination.
2. People's Committees of
provinces shall, within their scope of tasks and entitlements, implement regulations
prescribed in Clause 1 of this Article and shall:
a) Develop, issue, and
implement plans for cinematographic development in accordance with local
situations;
b) Promulgate or request
competent to promulgate supportive and attractive policies to facilitate local
development of cinematography;
c) Invest in
cinematographic development; develop, complete, and consolidate the local
organization and local activities of film distribution and dissemination;
d) Receive notifications and
respond to them regarding the dissemination of films at public screening venues
under their management;
dd) Issue and revoke Film
Rating Licenses in cinematographic activities; terminate the dissemination of
films according to entitlements;
e) Inspect, settle
complaints and denunciations, and handle law violations in cinematographic
activities according to entitlements.
Chapter VIII
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Article 48. Amendments
to the Law on Investment of Vietnam No. 61/2020/QH14 amended by Law No. 72/2020/QH14
and Law No. 03/2022/QH15
Amendments to Section 192
of Appendix IV - List of conditional business lines promulgated with the Law on
Investment of Vietnam No. 61/2020/QH14 amended by Law No. 72/2020/QH14 and Law
No. 03/2022/QH15:
192
Film dissemination
services
Article 49. Entry into
force
1. This Law comes into
force as of January 1, 2023.
2. The Law on
Cinematography of Vietnam No. 62/2006/QH11 amended by Law No. 31/2009/QH12, Law
No. 35/2018/QH14, and Law No. 61/2020/QH14 will expire when this Law comes into
force.
Article 50.
Transitional provisions
1. Film Dissemination Licenses and Broadcast Decisions issued
according to the Law on Cinematography of Vietnam No. 62/2006/QH11 amended by
Law No. 31/2009/QH12, Law No. 35/2018/QH14, and Law No. 61/2020/QH14 may
continue to comply with regulations prescribed thereof.
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2. Films with Film Dissemination Licenses or Broadcast
Decisions have yet to implement warnings and show film ratings to viewers
according to regulations stipulated by the Minister of Culture, Sports, and
Tourism of Vietnam, within 1 year after the effective date of this Law,
supplement the warnings and display of film ratings for viewers in case of
dissemination continuation.
This Law was approved
by the 15th National Assembly of the Socialist Republic of Vietnam at its 3rd
meeting on June 15, 2022./.
PRESIDENT OF THE NATIONAL ASSEMBLY OF VIETNAM
Vuong Dinh Hue