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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIETNAM Independence
- Freedom – Happiness
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No.
31/2009/QH12
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Hanoi,
June 18, 2009
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LAW
AMENDING
AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE CINEMATOGRAPHY LAW
(No.
31/2009/QH12)
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam, which was amended and
supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law Amending and Supplementing a Number
of Articles of the Cinematography Law.
Article 1. To amend and
supplement a number of articles of the Cinematography Law.
1. To amend and supplement Clause 2, Article 13 as follows:
"2. Foreign organizations
and individuals and overseas Vietnamese may make investment through cooperation
with Vietnamese film production, distribution and dissemination enterprises
under business cooperation contracts or by establishing joint ventures.
The foreign share in such a
joint venture must not exceed 51% of the joint venture's legal capital."
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"2.
b/ The director or director
general fully meets the criteria specified in Article 15 of this Law.
3.
c/ Resume of the person
nominated to be the director or director general of the film production
enterprise certified by a competent agency or organization."
3. To annul Clause 3, Article 15.
4. To amend and supplement Clause 3, Article 24 as follows:
"3. For state-funded films,
investors of film production projects shall establish a screenplay appraisal
council; and may decide on the form of bidding under the bidding law to select
film production projects, ensuring work quality and socio-economic efficiency.
The Government shall specify
this Clause."
5. To amend and supplement Article 25 as follows:
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Heads of Vietnam Television and
television and radio-television stations licensed for press operations (below
referred to as television and radio-television stations) may decide on investment
in and organize the production of television films for television broadcasting
under law."
6. To amend and supplement Clause 2, Article 28 as follows:
"2. Only celluloid films
and film tapes and discs with dissemination permits granted by a competent
cinematography state management agency or with broadcasting decisions issued by
heads of television or radio-television stations may be sold or rented; film
tapes and discs must be stuck with control stamps of the Ministry of Culture,
Sports and Tourism."
7. To amend and supplement Clause 2, Article 29 as follows:
"2. Only celluloid films
and film tapes and discs with dissemination permits granted by a competent
cinematography state management agency or with broadcasting decisions issued by
heads of television or radio-television stations may be dubbed or reproduced
for distribution. Celluloid films and film tapes and discs shall be dubbed or
reproduced under contracts signed with film owners."
8. To amend and supplement Point a, Clause 1, and Clauses 3 and 5,
Article 30 as follows:
"1.
a/ To-be-exported films must be
granted dissemination permits by a competent cinematography state management
agency.
To-be-exported films produced by
Vietnam Television must have broadcasting decisions issued by the head of
Vietnam Television; to-be-exported films produced by television or
radio-television stations must be granted dissemination permits by a competent
cinematography state management agency.
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3. Film production enterprises
may import and export films under the law on import and export.
5. Television and
radio-television stations may export their own films and import films for
television broadcasting."
9. To amend and supplement Clause 3, Article 33 as follows:
"3. To organize the
projection of films with dissemination permits granted by a competent
cinematography state management agency or with broadcasting decisions issued by
heads of television or radio-television stations."
10. To amend and supplement Clause 1, Article 35 as follows:
"1. Films with
dissemination permits granted by a competent cinematography state management
agency or with broadcasting decisions issued by heads of television or
radio-television stations;"
11. To amend and supplement Clause 3, Article 37 as follows:
"3. Television and
radio-television stations may disseminate nationwide their produced or imported
films with television broadcasting decisions."
12. To amend and supplement Points b and c, Clause 1, Article 38 as
follows:
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c/ Heads of television or
radio-television stations may decide on and shall take responsibility for
broadcasting films on their television stations."
13. To amend and supplement Point c, Clause 1, Article 39 as follows:
"c/ Film appraisal councils
of television or radio-television stations shall be established by heads of
these stations;"
14.To add the following Clause 4 to Article 39:
"4. The Minister of
Culture, Sports and Tourism shall prescribe the organization and operation of
film appraisal councils specified in Clause 1, Article 39."
15. To amend and supplement Clause 2, Article 40 as follows:
"2. Film advertising is
provided for as follows:
a/ Film production enterprises
and television or radio-television stations may introduce information on films
in the course of preparation and production of these films;
b/ Film production enterprises
and television or radio-television stations may not project the full contents
of films for advertisement purposes when they have not yet acquired
dissemination permits for such films from a competent cinematography state
management agency or broadcasting decisions of heads of television or radio-television
stations."
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"1.
d/ Films participating in film
festivals must have dissemination permits issued by a competent cinematography
state management agency or with broadcasting decisions issued by heads of
television or radio-television stations;
2.
a/ Film production, distribution
and dissemination establishments and television and radio-television stations
may participate in international film festivals or fairs and organize
Vietnamese film days overseas;
b/ Films participating in
international film festivals or fairs, or Vietnamese film days overseas must
have dissemination permits granted by a competent cinematography state
management agency or broadcasting decisions issued by heads of television or
radio-television stations;"
17. To amend and supplement Clauses 2 and 3, Article 42 as follows:
"2. Television and
radio-television stations may organize television film festivals with the
approval of the Ministry of Culture. Sports and Tourism, except the cases
specified in Clause 1 of this Article. Approval procedures comply with Clause
3, Article 41 of this Law.
3. Films participating in
television film festivals must have broadcasting decisions issued by heads of
television or radio-television stations."
18. To amend and supplement Clause 4, Article 46 as follows:
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19. To amend and supplement Clause 1, Article 48 as follows:
"1. The inspectorates of
the Ministry of Culture. Sports and Tourism and provincial-level Culture.
Sports and Tourism Departments shall conduct specialized inspection in
cinematography."
20. To amend and supplement Clause 6, Article 49 as follows:
"6. Not establishing a
screenplay appraisal council; not organizing biddings for the production of
state-funded films under Clause 3. Article 24 of this Law."
21. To amend and supplement Clauses 1,5 and 7, Article 50 as follows:
"1. Distributing films
without dissemination permits granted by a competent cinematography state
management agency or broadcasting decisions issued by heads of television or
radio-television stations.
5. Exporting films without
dissemination permits granted by a competent cinematography state management
agency or broadcasting decisions issued by heads of television or
radio-television stations.
7. Importing films at variance
with Clause 2, Article 30 of this Law."
22. To amend and supplement Clause 1, Article 51 as follows:
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23. To amend and supplement Clause 6, Article 52 as follows:
"6. Film archive
establishments' sale or rent of films without consent of film owners or without
dissemination permits granted by a competent cinematography state management
agency or broadcasting decisions issued by heads of television or
radio-television stations."
Article 2. To replace the
phrase "Ministry of Culture and Information" with the phrase
"Ministry of Culture. Sports and Tourism" in Clauses 2 and 3, Article
9; Clauses 2 and 3, Article 14; Clauses 2 and 3, Article 18; Clause 3. Article
21; Clauses 1 and 3, Article 23; Clause 2, Article 32; Clauses 1 and 2, Article
38; Clause 1, Article 39; Article 41; Clauses 1 and 3, Article 43; Clauses 1 and
3, Article 44; Clause 2. Article 46; Clause 5, Article 47; Clause 3, Article
49; Clauses 3 and 6, Article 50; Clause 3, Article 51; and Clause 7, Article
52, of the Cinematography Law.
Article 3.
1. This Law takes effect on
October 1. 2009.
2. The Government shall detail
and guide the Law's articles and clauses assigned to it; and guide other
necessary contents of this Law to meet state management requirements.
This Law was passed on June 18,
2009, by the XIIth National Assembly of the Socialist Republic of
Vietnam at its 5th session.
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