Circular No. 02/2014/TT-BVHTTDL on restrictions on the use of tobacco products in theatrical and film works

CIRCULAR

Regulations on Limiting the Use of Tobacco in Stage Performances and Films

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Based on the Tobacco Control Law 2012;

Based on the Cinema Law 2006 and the Law Amending and Supplementing Certain Articles of the Cinema Law 2009;

Pursuant to Decree No. 79/2012/NĐ-CP dated October 5, 2012 of the Government on artistic performances, fashion shows; beauty and model contests; circulation and business of audio and video recordings of music and dance, stage performances;

Pursuant to Decree No. 76/2013/NĐ-CP dated July 16, 2013, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of the Director of the Legal Department,

The Minister of Culture, Sports and Tourism issues this Circular on limiting the use of tobacco in stage performances and films.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the principles for limiting the use of tobacco in stage performances and films (including stage performances and films broadcast on television); limits the depiction of actors using tobacco in stage performances and films; and the responsibilities of relevant organizations and individuals.

Using tobacco means smoking, chewing, sniffing, inhaling, or holding tobacco products.

Article 2. This Circular applies to organizations and individuals involved in stage performance and film activities.

Article 2. Principles for Limiting the Use of Tobacco in Stage Performances and Films

Clause 1. Stage performances and films shall not depict acts prohibited and violations of the obligations of smokers as provided for in Articles 9 and 13 of the Law on Prevention and Control of Harmful Effects of Tobacco, except when such depictions are intended to criticize or denounce these acts.

Clause 2. Stage performances and films shall not glorify organizations or individuals who have succeeded from producing or trading in tobacco.

Clause 3. Tobacco shall not be used in stage performances and films intended for children.

Article 3. Limitations on Depicting Actors Using Tobacco in Stage Performances

Clause 1. Images of actors using tobacco in stage performances may only be used in the following cases:

a) Depicting historical figures;

b) Reenacting a specific historical period;

c) To criticize or denounce the act of using tobacco products;

d) Other cases for artistic purposes approved by competent authorities based on the proposal of the Art Council.

Clause 2. When using tobacco, actors shall not actually smoke on stage.

Article 4. Limitations on Depicting Actors Using Tobacco in Films

Clause 1. Images of actors using tobacco in films may only be used in the cases specified in Clause 1 of Article 3 of this Circular.

Clause 2. In cases where a film contains numerous images of actors using tobacco, as determined by the Review Board, health warnings about the harmful effects of tobacco must be displayed either in text or images before or during the screening of the film, and the film must be classified according to age groups for distribution.

Article 5. Responsibilities of Relevant Organizations and Individuals

Clause 1. The Cinema Department and the Performing Arts Administration, based on their functions, tasks, and authorities, shall cooperate with the Legal Affairs Department of the Ministry of Culture, Sports and Tourism to guide, inspect, and implement this Circular nationwide.

Clause 2. Provincial Departments of Culture, Sports and Tourism shall be responsible for implementing this Circular at the local level.

Clause 3. Organizations and individuals engaged in performing arts, organizing artistic performances, producing films, importing films, distributing films, promoting films, scriptwriters, directors, and other related organizations and individuals shall ensure that the content of tobacco use complies with the provisions of this Circular during the course of their professional work.

Article 6. Application to Stage Performances and Films Already Released or Performed

For films already granted a distribution permit and audio recordings of stage performances already approved for content that contain images of actors using tobacco inconsistent with the provisions of this Circular, health warnings about the harmful effects of tobacco must be added in text or images within one year from the date this Circular takes effect.

Article 7. Effective Date

This Circular shall take effect from July 1, 2014.

2. During implementation, if any difficulties arise, organizations and individuals are requested to promptly report to the Ministry of Culture, Sports and Tourism for research and prompt resolution./.