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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
48-CP
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Hanoi,
July 17, 1995
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DECREE
ON THE ORGANIZATION AND ACTIVITIES OF THE CINEMATOGRAPHIC
SERVICE
THE GOVERNMENT
Pursuant to the Law on Organization
of the Government of September 30, 1992;
In order to strengthen and build up a national, modern and humane Vietnam
cinematography, broaden international exchange in cinematography and meet the
needs of cultural and spiritual life of the people;
At the proposal of the Minister of Culture and Information,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Cinematography is a genre of comprehensive art associated with the industrial
mode of production. Cinematographic activities aim to effect political,
ideological and sentimental education, raise the cultural and aesthetic
standard of the people, and contribute to meeting the legitimate demands of the
cultural and spiritual life of the people.
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The films stipulated in this
Decree are cinematographic works recorded on different materials, and are
disseminated through film production studios, television stations and the video
network.
Article 2.-
The State exercises unified management of cinematographic activities throughout
the country by means of laws and on the following principles:
1. Distinction between the State
managerial function of the Ministries and the People's Committees at all
levels, and the function of production, business and public service of the cinematographic
establishments.
2. Assurance of the right to
equality, initiative in creation and authorship right of the organizations and
individuals, and the right of all citizens to enjoy cinematographic works.
3. Films of all styles, kinds
and genres produced in the country or imported must get the scanning approval
and permit of the Ministry of Culture and Information before they can be
disseminated in the country or abroad.
It is strictly forbidden to
produce, import and disseminate films with the following contents:
- To oppose the State of the
Socialist Republic of Vietnam; to sabotage the bloc of national unity;
- To make propaganda for
violence and aggressive wars, to incite hatred among nations and the peoples in
different countries; to propagate the reactionary cultural ideas, the
pornographic and depraved lifestyle, criminal acts, social evils, superstition,
damaging to the fine customs and habits and the environment.
- To disclose secrets of the
Party and the State, military, security, economic and external relations
secrets, secrets of private lives and other secrets stipulated by law.
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Article 3.-
The State effects the following policies toward cinematographic activities:
1. The State shall place orders,
grant preferential tax treatment, give loans at low interest, and provide
subsidies for the writing of screenplays, the production and dissemination of
these kinds of film: documentary and scientific films, animated cartoons,
children's films, educational films, films to educate about the policies of the
Party and the State, a number of feature films, the cinematographic activities
in the mountainous areas and on the offshore islands..., and experimental
films. The State shall partly subsidize the import of films for children and a
number of foreign films with ideological and artistic value.
The State shall allocate part of
the movable capital to the film production establishments and the film export
and import enterprises, as well as the film distribution and film projection
enterprises which are State owned.
The Ministry of Culture and
Information and the Ministry of Finance shall issue a regulation on placing
orders, preferential taxation, credit subsidies and allocation of movable fund
for the above establishments.
2. To invest in well-defined and
key targets in theoretical research, training of personnel and building of
material and technical establishments, in the application of modern science and
technology at the State-owned cinematographic establishments in the domains of
production, dissemination and preservation of cinematographic works.
3. To consolidate and strengthen
the cinematographic establishments which are State-owned enterprises into an
inter-connected system of production and consumption, on which basis to affirm
their orientation-setting role in cinematographic activities and also to
socialize these activities.
4. To encourage the export and
dissemination of cinematographic works of value of Vietnam abroad, and to
broaden international exchange in cinematography.
5. To continue amending and
modifying the policy toward professional cinematographic artists: to set their
basic wages according to their standard and the quality of their performances,
not to their seniority; to make concrete regulations on the regime of bonuses
and allowances for the artists according to the results of their participation
in the cinematographic works. The Government Commission on Organization and
Personnel and the Ministry of Culture and Information shall submit the above
regulations to the Prime Minister for promulgation.
Chapter II
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Article 4.-
The organization of the cinematographic service comprises:
a/ The non-business
cinematographic establishments, or enterprises belonging to State agencies at the
center and in the provinces and cities directly under the Central Government.
b/ The non-business
cinematographic establishments, or enterprises belonging to social
organizations at the center and in the provinces and cities directly under the
Central Government;
c/ The cinematographic
establishments which are enterprises belonging to other economic sectors,
operating in the domain of film production, distribution and projection.
Article 5.-
The cinematographic establishments under the Ministries and central branches
and services comprise:
a/ The Film Production Studios;
b/ The Cinematographic Technical
Centers;
c/ The Vietnam Film
Import-Export and Distribution Company;
d/ The Cinematographic
Import-Export and Material Supply Companies;
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Article 6.-
The Vietnam Film Import-Export and Distribution Company under the Ministry of
Culture and Information has a number of cinemas in the localities. In the
provinces and cities directly under the Central Government, there are Film
Distribution and Projection Companies (enterprises) or Film Distribution and
Projection Centers (non-business). These Companies or Centers have cinemas,
business and non-business film projection teams and shops selling or leasing
videos.
No districts, towns or
provincial cities can set up Companies (or Centers) for Film Distribution and
Projection.
Article 7.-
A State agency, or economic or social organization, or individual that wants to
set up a cinematographic establishment, must fill all the conditions and
criteria set by the Ministry of Culture and Information.
Chapter
III
CINEMATOGRAPHIC
ACTIVITIES
Section 1.
ON THE FILM PRODUCTION
Article 8.-
1. A film
production establishment can operate only after the Ministry of Culture and
Information allows its establishment, and after it has filled other procedures
prescribed by law;
2. The film production
establishments are entitled to raise funds from agencies, mass organizations,
economic organizations, social organizations, and individuals to make films.
The mobilization of capital must abide by the regulations of the current law.
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1. It has the screenplay of the
film applying for production;
2. It has a film-making team
with the main titles, such as director, cameraman, designer, sound operator
with operation certificates;
3. It has a plan for production
and dissemination of the film.
Article
10.- The agency or organization which applies for the setting up of a film
production establishment, or permission for temporary film production, is the
controlling agency of the film production establishment.
The Head of the controlling
agency and the Director of the film production establishment shall take
responsibility for the contents and quality of the film produced by them.
Article 11.-
A cinematographic establishment which wants to cooperate in film production
with or to supply film services to an international organization or a foreign
individual, must have permission from the Ministry of Culture and Information.
Article
12.- A director, film cameraman, designer or sound operator who takes part
in film production, must get an operational license from the Ministry of
Culture and Information.
Article
13.-
1. An
establishment which has received a permit for dissemination of a film must submit
a copy of the film to the archive department of the Ministry of Culture and
Information.
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The Cinematographic Art and
Archive Institute shall have to preserve the archives and create conditions for
their utilization.
Section 2.
ON THE IMPORTATION AND EXPORTATION OF FILMS
Article
14.- The film production establishment is entitled to export, or empower
another to export, films produced by it which has got an export permit from the
Ministry of Culture and Infomation.
Article
15.- The importation of films for business purposes in any form shall be
assumed by the Vietnam FAFIM under the Ministry of Culture and Information.
The importation of films for
redistribution on the waves of the Vietnam Television shall be assumed by the
Vietnam Television, in collaboration with the Ministry of Culture and
Information.
The importation of films for
archives and research shall be conducted according to the law on the
exportation and importation of cultural products.
Section 3.
ON THE DISSEMINATION OF FILMS
(film distribution and
projection)
Article
16.-
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The film production
establishment, which wants to distribute its films on its own, must register
the distribution business as prescribed by law.
2. The film production and
distribution establishment, which has registered for distribution business, is
authorized to open its branches, agents and sale shops to distribute its
products under its ownership in the localities.
The agents and video tape sale
and rent shops shall operate as prescribed by the Ministry of Culture and
Information.
Article
17.- The change of a cinematographic work made in one material to another,
and its multiplication by printing for business purposes must be done according
to the law on authorship right.
Article
18.- The State will grant 100% of the expenditures for film projection
activities in the mountainous regions, the areas of ethnic minorities, remote
rural areas and offshore islands, and grant 50% of the expenditures on film
projection activities in other rural areas.
Article
19.- The film production and distribution establishments are authoritzed to
build cinemas to disseminate films.
The State encourages all
economic sectors (including of foreign countries) to enter into joint venture
and cooperation with cinematographic establishments in transforming, building
and managing cinemas, or to spend their own capital on building and managing
cinemas.
Article
20.-
1. The
film projection establishment can operate only after getting a license from the
authorized State agency.
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Article
21.- The film projection establishments must give priority to the
projection of films ordered or subsidized by the State.
Section 4.
DISSEMINATING FILMS ON THE TELEVISION NETWORK
Article
22.-
1. The
television network is one of the main channels to consume and disseminate
widely the films of the cinematographic service.
The television stations throughout
the country must give priority to the dissemination on the television wave the
films ordered or subsidized by the State.
The film production and
distribution establishments have the responsibility to accept orders for supply
to the television stations the films ordered or subsidized by the State.
2. The Ministry of Finance shall
provide for the payment of copyright royalties to the films distributed on the
television wave.
The dissemination of films on
the television shall be conducted 9 months after the films are first projected
on the film production network, except otherwise agreed upon by the parties.
The television stations must
abide by the provisions of law on authorship with regard to cinematographic
works.
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1. The
television stations throughout the country shall have to raise gradually the
rate of Vietnamese feature films on the television screen, so that by 1998
Vietnamese feature films shall account for at least 50% of the television time
reserved for feature films.
2. The Ministry of Culture and
Information and the Vietnam Television shall make concrete provisions on the
coordinative relations between the Cinematographic Service and the Television
Service in the supply, cooperation, ordering, utilization, and ensuring the
authorship right of the films disseminated on the television.
Chapter IV
STATE MANAGEMENT OF
CINEMATOGRAPHIC SERVICE
Article
24.- The Government exercizes unified management of cinematographic
organization and activities throughout the country.
The Ministry of Culture and
Information is the agency of the Government conducting unified State management
over cinematographic organization and activities in the whole country. It has
the following tasks and powers:
1. To work out the planning and long-term
and annual plans for the development of cinematography; to manage the
implementation of the plan of operation of cinematographic activities and the
national program of strengthening and developing the Vietnamese cinematography;
to elaborate the plan for training and fostering cinematographic personnel and
artists;
2. To draft laws and ordinances
and other documents of the Government in the domain of cinematographic
activities; to issue decisions, circulars and directives on cinematographic
organization and activities;
3. Together with the concerned
branches, to allow organizations and individuals in the country to enter into
joint ventures, linkage cooperation and services with foreign countries in the
domain of cinematographic activities;
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To consider and grant temporary
permits for film making as provided for in Article 9 of this Decree;
To consider for the issue of
permits for the exportation and importation of films, as provided for in
Articles 14 and 15 of this Decree;
To withdraw, confiscate and ban
the circulation, and to destroy films with noxious contents as provided for in
Article 2 of this Decree;
To suspend the activities of the
cinematographic establishments which violate the law, as provided for in
Article 2 of this Decree;
5. To inspect and control the
implementation of the orientations and tasks of cinematographic activities and
the prescriptions of law on cinematographic activities; to take measures to
prevent law-contraventing cinematographic activities; to decide on awards and
penalties as prescribed by law.
Article
25.- The People's Committees of the provinces and cities directly under the
Central Government shall excercise State management over cinematographic
activities in the localities. They have the following tasks and powers:
1. To work out planning and
plans for the development of cinematography in the localities;
2. To issue and withdraw permits
for the setting up of film distribution and projection establishments in the
localities;
3. To guide, inspect and control
cinematographic activities, in their territories, provisionally suspend the
carrying out of the permit issued by the Ministry of Culture and Information if
they detect violations, and they must immediately report to the Ministry of
Culture and Information for settlement; to confiscate, withdraw and ban the
circulation or decide to destroy the films mentioned in Article 2 of this
Decree.
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Article
27.- The Ministry of Culture and Information shall build a system of
specialized inspection on cinematographic activities in the whole country.
The tasks and powers of this
specialized inspection system shall be defined in accordance with the law on
inspection.
The inspectoral work consists of
the following:
1. To inspect the State
management over cinematographic activities;
2. To inspect the activities in
the production, exportation, importation, distribution and projection of films
by cinematographic establishments in the whole country;
3. To inspect the implementation
of the prescriptions of law, the policies and regimes of the State concerning
cinematographic activities.
Article
28.- The organizations and individuals operating in the cinematographic
domain have the responsibility to meet the demand of the inspection teams and
inspectors during the inspection of their establishments. They can protest to
the specialized inspection agencies of cinematography or the State management
on cinematography of the higher level, concerning the conclusions and decisions
on settlement by the inspection team or individual inspectors.
An organization or individual
may protest and denounce to the State management agency on cinematography or
the specialized inspection agency on cinematography the violations of law
committed by an organization or an individual in cinematographic activities.
The agency which receives the
protests and denunciations has the responsibility to consider and settle these
protests and denunciations according to the prescriptions of law.
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REWARDS AND HANDLING OF
VIOLATIONS
Article
29.- The organizations and individuals with meritorious records in
cinematographic activities shall be commended and rewarded according to the
common regulations of the State.
The State shall confer the Ho
Chi Minh Award and the State Awards to those authors and works of
cinematography of high ideological and artistic value.
The Ministry of Culture and
Information shall coordinate with the Vietnam Cinematography Association in
working out the criteria and regime of award for the organizations and
individuals with meritorious contributions in the activities of production,
import and export, distribution and dissemination of films.
Article
30.- The organizations and individuals that commit acts of violation of the
regulations for the activities in the production, dissemination and import and
export of films, shall be suspended immediately from these acts of violation
and, depending on the extent of the violation, be subject to administrative
sanctions or examined for penal liability.
Article
31.- The competence and procedure for the handling of the violations shall
have to be conducted according to the regulations of law on the handling of
administrative offenses and compensations for damages and penal liabilitiy.
Chapter VI
IMPLEMENTATION PROVISIONS
Article
32.-
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The Ministry of Culture and
Information, the People's Committees of the provinces and cities directly under
the Central Government shall organize the re-registration and the
re-establishment of the cinematographic establishments under their
jurisdiction.
2. The Ministry of Culture and
Information shall define the responsibilities of the companies for the Vietnam
Film Import-Export and Distribution Company with regard to the film projection
activities in the whole country as well as with regard to the film production
establishments.
Article
33.- The Ministry of Culture and Information shall coordinate with the
concerned Ministries and branches in issuing circulars to provide detailed
guidance in the implementation of this Decree.
Article
34.- This Decree takes effect on the date of its issue. The earlier
regulations which are contrary to this Decree are now annulled.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Vo Van Kiet