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THE MINISTRY
OF CULTURE AND INFORMATION
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
2455/QD-DA
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Hanoi,
August 09, 1997
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DECISION
ON THE ISSUANCE OF
REGULATIONS ON FILM AND MOVIE INSPECTION
THE MINSTER OF CULTURE AND INFORMATION
Pursuant to Decree 81/CP on 8 November 1993 by the
Government on functions, tasks, powers and organization of the Ministry of
Culture and Information;
Pursuant to Decree 48/CP on 17 July 1995 by the Government on cinematic
organizations and activities;
To strengthen and promote the management of cinematic works;
On the request of the Heads of the Cinema Bureau and the Legal Department,
DECIDES
Article 1. To issue the Regulations on Film and
Movie Inspection attached to this Decision.
Article 2. The Regulations shall replace the
Regulations on the Inspection of Cinematic Works issued under Decision 619/QD
on 21 July 1990 by the Minister of Culture, Information, Sports and Tourism and
shall come into effect within 15 days after the issuance date. All previous
regulations contrary to the Regulations shall be abrogated.
Article 3. The Heads of the Cinema Bureau,
Directors of the Services of Culture and Information of provinces or
centrally-administered cities shall be responsible to implement the Regulations
and to supervise and discover all violations and breaches for proper
settlement.
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ON BEHALF OF THE MINISTER OF
CULTURE AND INFORMATION
DEPUTY MINISTER
Nguyen Trung Kien
REGULATIONS
ON FILM AND MOVIE INSPECTION
(issued under Decision 2455/QD-DA on 9 August 1997 by the Minister of
Culture and Information)
Chapter I
GENERAL
PROVISIONS
Article 1. Purposes to
inspect movies and video tapes (hereinafter collectively called “movie
inspection”)
To inspect films and movies
before popularization is to realize the State management of cinema activities
in order to meet the following requirements:
1. To ensure the work’s
ideological and artistic content in favor of State’s guidelines and policies,
the Vietnamese nation’s traditional ethics and good customs, and the society’s
and citizens’ spiritual interests.
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3. To protect legal rights and
interests of legal cinema artists, producers, importers and dealers as well as
the audience’s interests.
Article 2. Competence of
movie inspection
1. All films and movies produced
at home or imported from other countries shall have to be permitted by
competent governmental authorities to be widely popularized as specified
herein:
a. The Cinema Bureau shall
inspect and allow the popularization of movies, video tapes, feature films
produced or imported by domestic entities, movies and video tapes of all kinds
produced by the units administered by the Ministry of Culture and Information,
and movies and video tapes ordered or funded by the Ministry of Culture and
Information.
b. The Services of Culture and
Information of provinces and centrally-administered cities shall inspect and
allow the popularization of movies or video tapes (music, stage, cai
luong-renovated opera, documentary, science, cartoons, sports, karaoke,
fashion, foreign language teaching) produced or imported by the units with
legal status and having headquarters within the provinces and
centrally-administered cities .
2. All movies and video tapes
(replacing or attached to books) shall be produced by publishers under the Law
on Publication.
3. The broadcast of movies or
video tapes on television shall be done under the Law on the Press and Item 4,
Chapter III of Decree 48/CP on 17 July 1995 by the Government on cinematic
organizations and activities.
4. The license to popularize
movies and video tapes shall be issued by the Cinema Bureau (the Ministry of
Culture and Information) or the Services of Culture and Information and shall
be valid throughout the country.
5. Video tapes which are allowed
to be popularized shall be labeled by the Cinema Bureau. The video tapes
labeled by the Cinema Bureau shall be able to be put into nationwide
circulation.
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1. The counselors for the Head
of the Cinema Bureau (the Ministry of Culture and Information) for inspecting
movies and films shall be the Central Movie Inspection Councils which are
established by the Minister of Culture and Information.
2. The counselors for the
Directors of the Services of Culture and Information for inspecting movies and
films shall be the Provincial Movie Inspection Councils which are established
by the Chairpersons of the People’s Committee of the provinces and
centrally-administered cities.
3. The above-mentioned councils
shall be established and operated under the regulations set by the Ministry of
Culture and Information.
4. In the opinions of the Movie
Inspection Councils, the Head of the Cinema Bureau and the Directors of the
Services of Culture and Information shall consider and permit or not permit the
popularization of movies or video tapes and shall be responsible for their
decision. The objectives and scope of popularization shall be clearly announced
in the decision on movie popularization.
Article 4. The following
movies or films shall not be popularized:
1. Having contents against the
Socialist Republic of Vietnam or undermining the all-people’s unity;
2. Inciting violence, aggressive
war; sowing hatred between nations and peoples; popularizing reactionary
thoughts, obscenity, vice or criminal acts, social evils, superstition, to the
destruction of good habits and customs and the ecological environment;
3. Disclosing Party and State
secrets, either military, security, economic, foreign relations and other
secrets as set out by laws;
4. Distorting history,
disclaiming revolutionary achievements, slandering against great celebrities
and national heroes, infringing upon the prestige of organizations or the honor
and dignity of individuals;
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6. Exploiting images, languages,
voices, actions to depict savage scenes of murder or torture and other acts
injuring people’s life and dignity, ruthless behavior to animals, scenes of
beheading and cutting up body parts, scenes of the satisfaction and pleasure of
crime-doers and not aimed at denouncing crimes and protecting justice, contrary
to the humane and peace-loving traditions of the Vietnamese nation;
7. Movies and films of low
technical and artistic quality;
8. Movies and films allowed to
be popularized but their contents are unsuitable for a particular locality and
its situation at the date of circulation may be temporarily postponed from
popularization for a certain time by the Services of Culture and Information
after obtaining the agreement of the Cinema Bureau.
Article 5. In cases where
the cinematic works’ themes have a humane nature or denounce crimes and
highlight justice, and the contents specified in Clauses 5 and 6 of Article 4
are necessary, they shall be permitted by the Movies Inspection Councils, the
Ministry of Culture and Information, or the Services of Culture and
Information. However, these scenes must be expressed briefly and without
explicit emphasis.
Article 6. Movies which
are popularized in any manner (introduction, banquet, press conference) without
inspection and permit by the Cinema Bureau or the Services of Culture and
Information shall be considered illegal. The said movies shall be withdrawn and
the violators shall be responsible to the laws.
Article 7. Organizations
and individuals with movies or films for inspection shall have the right to
complain to the Minister of Culture and Information if they disagree with the
decision by the Head of the Cinema Bureau or the Directors of the Services of
Culture and Information.
Chapter II
PROCEDURE
OF MOVIE INSPECTION
Article 8. Movies and
video tapes for inspection must be complete works (both content and technique)
produced or imported legally and proposed by a unit with legal status. The
works produced on specific materials (celluloid film, video tape, VCD) must be
inspected on the same material. If the original material cannot be inspected,
the same contents of the inspected version must be maintained for display.
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Article 9. Procedures to
register for movie inspection
1. The entities with movies or
films for inspection shall submit a registration form of movie and video tape
inspection (see Annex 1 hereto) to the Cinema Bureau, for the case specified in
Point (a) Clause 1, or to the local Services of Culture and Information, for
the case set out in Point (b) Clause 1 Article 2 of the Regulations.
2. For inspection, imported
movies must be attached with a certificate of legal import and copyright.
Meanwhile, domestically produced movies must be attached with a written
assessment from the producers on content, thought, and artistic and technical
quality. These documents shall be confirmed and signed by the heads of the
parent agencies of the producers.
3. On the basis of the
registration for movie inspection, the Cinema Bureau or the Services of Culture
and Information shall plan the working programs of the Movies Inspection
Councils and give a notice to the concerned party about the time of inspection
within one week after receiving the said registration.
Article 10. Movies and
films that need to be edited after inspection
a. After inspection, those
movies or films that must be reedited shall register for re-inspection after
repair.
b. For those movies or films
that are not allowed to be popularized or banned from popularization, the
owners shall be responsible to destroy or carefully manage them. In case of
illegal popularization in any mode, the owners shall be fully responsible to
the laws.
Article 11.
1. The Cinema Bureau shall be
responsible to make public, monthly or quarterly, the list of permitted or
banned movies or films, so that the management agencies at all levels and
everybody throughout the country can know, examine and prevent all breaches.
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Article 12. All expenses
or costs for movie inspection shall be paid by the entities with movies for
inspection. The collection rates and the use of charges for movies inspection
shall be stipulated by the current laws.
Chapter III
IMPLEMENTATION
PROVISIONS
Article 13. Central and
local movies inspection councils, producers, importers and movie or video tape
popularizing units shall strictly execute the Regulations.
Article 14. The Cinema
Bureau, Services of Culture and Information of provinces and
centrally-administered cities shall have obligations to instruct the
implementation of the Regulations and supervise, discover and deal with any
breach.
Article 15. These
Regulations shall replace the Regulations on Inspection of Cinematic Works
(issued under Decision 619/QD on 21 July 1990 by the Minister of Culture,
Information, Sports and Tourism) and shall come into effect within 15 days
after the issuance day.
All previous regulations
contrary to these Regulations shall be abrogated.
ON
BEHALF OF THE MINISTER OF CULTURE AND INFORMATION
DEPUTY MINISTER
Nguyen Trung Kien
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