Circular No. 03/2020/TT-BVHTTDL stipulates on the organization and operation of the Film Project Selection Council using state budget funds.

CIRCULAR

PROVISIONS ON THE ORGANIZATION AND OPERATIONS OF THE PROJECT SELECTION BOARD FOR FILMS USING STATE BUDGET FUNDS

Pursuant to the Cinema Law dated June 29, 2006, and the Law Amending and Supplementing Certain Articles of the Cinema Law dated June 18, 2009;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017, of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

Pursuant to Decree No. 54/2010/NĐ-CP dated May 21, 2010 of the Government detailing the implementation of certain articles of the Cinema Law No. 62/2006/QH11 and the Law Amending and Supplementing Certain Articles of the Cinema Law No. 31/2009/QH12;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular expenditure;

Pursuant to Decision No. 17/2019/QĐ-TTg dated April 8, 2029 of the Prime Minister regarding certain tenders and procurement contents aimed at maintaining regular operations that apply the special selection method for contractors as stipulated in Article 26 of the Public Procurement Law;

At the proposal of the Director of the Department of Planning and Finance and the Director of the Cinema Department;

The Minister of Culture, Sports and Tourism issues this Circular to regulate the organization and operations of the Project Selection Board for films using state budget funds (hereinafter referred to as the Board).

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the organization and operations of the Project Selection Board for films using state budget funds (hereinafter referred to as the Board).

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the selection of projects for film production using state budget funds.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. The project investor for film production using state budget funds (hereinafter referred to as the Investor) includes Ministries, ministerial-level agencies, government agencies, political organizations, political-social organizations, political-social-professional organizations, People's Committees of provinces and centrally-administered cities (hereinafter referred to as Provincial People's Committees), and other central and local organizations using state budget funds for film production.

2. The agency or unit selecting film production projects using state budget funds (hereinafter referred to as the Project Selection Agency) is the agency or unit assisting the Investor in selecting film production projects, assigned by the Investor to carry out such tasks.

3. The agency or unit managing film production projects using state budget funds (hereinafter referred to as the Project Management Agency) is the agency or unit specified in Clause 2 of Article 3 of the Regulation on the Organization and Operations of the Script Review Board for State-Funded Films issued pursuant to Circular No. 15/2016/TT-BVHTTDL dated December 27, 2016 of the Minister of Culture, Sports and Tourism.

4. Film production enterprises (hereinafter referred to as Production Enterprises) include film enterprises and public service film units established and operating in the field of film production in accordance with the law.

Article 4. Responsibilities of the Project Selection Agency

1. Assist the Investor in formulating plans for establishing the Board, the Expert Team supporting the Board, and serving as the permanent body of the Board.

2. Organize and ensure necessary conditions for the operation of the Board and the Expert Team supporting the Board.

3. Convene meetings of the Board and the Expert Team supporting the Board.

4. Inspect, review, and verify project files for film production according to the provisions of Article 6 of this Circular and transfer the files to the Board before the meeting date.

5. Advise and propose to the Investor to decide and permit the selection of film production projects using state budget funds for production in accordance with current regulations, based on reviewing project files, meeting minutes of the Board, and other relevant documents (if any).

6. Appoint personnel to participate in the Board and the Expert Team supporting the Board.

Article 5. Responsibilities of the Project Management Agency

1. Guide film production bases to develop project plans and project files for film production according to economic and technical norms applicable in film production within the relevant field.

2. Receive and process project files, and send written documents (including printed and electronic versions) to the Project Selection Agency for the Council and the Expert Group assisting the Council to perform their assigned tasks.

3. Appoint personnel to participate in the Council and the Expert Group assisting the Council.

Article 6. Responsibilities of Film Production Bases

1. Fully prepare project files for film production in accordance with Appendix 1 issued together with this Circular and comply with legal provisions on bidding, ordering, and pricing laws.

2. Submit project files for film production using state budget funds to the Project Management Agency in accordance with regulations.

Chapter II

ORGANIZATION AND OPERATIONS OF THE BOARD

Article 7. Functions, Tasks, and Organizational Structure of the Council

1. Functions and Tasks of the Council

The Council is established by the Investor to advise the Investor in selecting film production projects in accordance with Clause 1, Article 13 of Decree No. 54/2010/NĐ-CP dated May 21, 2010 of the Government detailing certain provisions of the Cinema Law No. 62/2006/QH11 and the Law Amending and Supplementing Certain Provisions of the Cinema Law No. 31/2009/QH12.

2. Organizational Structure and Composition of the Council

a) Organizational Structure:

The Council has at least five members, including the Chairperson, Vice-Chairperson, and Members.

b) Composition of the Council:

- The Council includes representatives from the Investor (including the Project Selection Agency and the Project Management Agency), financial agencies, and film production experts.

- If the Investor's representative is also a film production expert, there is no need for a separate film production expert.

- Depending on the specific film production project and its scale and type, the Project Selection Agency may invite additional experts who are not directly related to the film production base whose project is under consideration, and financial agencies to join the Council on a case-by-case basis after seeking the Council Chairperson's or the Investor's head's opinion.

3. Term of Office of the Council and the Expert Group Assisting the Council:

a) In cases where film production uses the state budget annually, the term of operation of the Council and the Expert Group Assisting the Council is two years.

b) In cases where film production uses the state budget on a case-by-case basis without annual regularity, the establishment of the Council is carried out on a case-by-case basis and automatically dissolved upon completion of the task.

Article 8. Establishment of the Council and the Expert Group Assisting the Council

1. The Investor issues a decision to establish the Council after receiving nomination documents from agencies and units proposing personnel to join the Council, including the establishment of the Expert Group Assisting the Council.

2. The Investor assigns the Project Selection Agency to propose the organizational structure of personnel joining the Council and the assistance group.

3. Agencies and units nominating personnel to join the Council must ensure that the personnel have expertise in the field of film production, in accordance with point b, Clause 2, Article 7 of this Circular.

4. Members of the Council and the Expert Group Assisting the Council work on a part-time basis.

5. In cases where it is necessary to change Council members or personnel participating in the Expert Group Assisting the Council due to health reasons, job transfer, expertise, or force majeure, the Project Selection Agency will send a document to the agency or unit nominating personnel requesting new nominations and requesting the Investor to consider adjusting, supplementing, or establishing a new Council to replace the existing one.

Article 9. Principles and Methods of Operation of the Council

1. The Council operates on the principle of collective discussion, democracy, and transparency to select and evaluate film production projects under consideration.

2. After the Expert Team assisting the Council concludes its work in terms of expertise, the agency responsible for selecting film production projects shall organize a meeting of the Council.

3. The Council must have at least two-thirds of the total number of Council members present when it convenes, and take votes (Annex 2 issued together with this Circular) from absent members. The Council's conclusion must be approved by at least two-thirds of the total number of opinions of the Council members and must be recorded in the Minutes of the Council Meeting to Select Film Production Projects, signed by all Council members.

Article 10. Principles and Methods of Operation of the Expert Team Assisting the Council

1. The Expert Team assisting the Council has full access to project files for film production and may recommend the provision or supplementation of missing or relevant documents for the examination and selection of film production projects.

2. Based on the project files for film production, the Expert Team assisting the Council is tasked with reviewing and identifying optimal and efficient film production plans with scientifically calculated and reasonable budgets that save public funds.

3. Draft the Minutes of the Council Meeting, related documents according to Annexes 03, 04, and 05 issued by this Circular, and seek supplementary or amended opinions from Council members (if necessary).

Article 11. Responsibilities of the Chairman and Deputy Chairmen of the Council

1. Responsibilities of the Chairman of the Council:

a) Decide on the program and plan of work of the Council.

b) Chair meetings of the Council.

c) Assign tasks to the Deputy Chairmen and other Council members.

d) Make decisions and bear overall responsibility for the activities of the Council during the implementation of its tasks as prescribed.

2. Responsibilities of the Deputy Chairman of the Council:

a) The Deputy Chairman is responsible for performing specific tasks stipulated in Clause 1 of this Article when assigned or authorized by the Chairman.

Article 12. Responsibilities of Council Members and the Expert Team Assisting the Council

1. Council members and the Expert Team assisting the Council are responsible for contributing opinions, comments, evaluations, calculations, and proposals for optimal and appropriate film production plans in accordance with current regulations.

2. Council members are responsible for participating in Council meetings; in case of absence, they must report to the Chairman or Deputy Chairman and submit their opinions before the Council meeting.

3. The Chairman is the spokesperson for the Council. Council members and the Expert Team assisting the Council are not allowed to disclose the content of discussions and conclusions of the Council.

4. Members of the Expert Team assisting the Council are responsible for reading the project files for film production, preparing professional opinions before the Expert Team meeting, drafting the Minutes of the Council Meeting, and related documents.

5. In case a Council member or member of the Expert Team assisting the Council is absent from three consecutive Council meetings without a valid reason, the agency selecting the project will consider recommending the investor to issue a decision to remove them and propose or appoint a replacement.

Chapter III

IMPLEMENTATION

Article 13. Effective Date

This Circular takes effect from August 6, 2020

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Ministries, ministerial-level agencies, government agencies, political organizations, political-social organizations, political-social-professional organizations, and other organizations at central and local levels, and People's Committees of provinces and centrally-administered cities using state budget funds for film production are responsible for organizing the implementation of this Circular.

2. During the implementation process, if any difficulties arise, agencies and organizations are requested to promptly reflect them to the Ministry of Culture, Sports and Tourism for research, amendment, and supplementation to ensure compliance.

ANNEX 1

(Issued pursuant to Circular No. 03/2020/TT-BVHTTDL dated June9/2020 of the Minister of Culture, Sports and Tourism)

FILM PRODUCTION PROJECT FILE USING STATE BUDGET FUNDS USE OF THE STATE BUDGET

The film production project file using state budget funds includes:

1. A letter requesting review and approval of the film production project.

2. Literary script, scene script already adapted from the literary script, which has been reviewed and approved by the Script Review Council for films using state budget funds according to the provisions of Circular No. 15/2016/TT-BVHTTDL dated December 27, 2016 of the Minister of Culture, Sports and Tourism on the organization and operation of the Script Review Council for films using state budget funds (including the decision to approve and the script appraisal document).

3. Implementation plan and projected distribution plan for the film.

4. List of key personnel involved in making the film (including director, producer, cinematographer, screenwriter, sound technician, etc., and main and supporting actors).

5. Total budget estimate for the film production project (refer to Annexes 4 and 5 attached to this Circular to prepare the total budget estimate for the film production project).

6. Equipment list (specify model code, features, technical specifications) serving the film production project (including existing equipment and rental equipment).

7. Financial capability documentation (as required by the Investor) including: latest quarterly and annual financial reports, tax settlement reports, etc.

8. Plan and conditions for funding support and procurement from the state budget.

9. Production schedule and progress (filming locations, filming time, completion time, expected release date, etc.).

ANNEX 2

(Issued pursuant to Circular No. 03/2020/TT-BVHTTDL dated June/2020 of the Minister of Culture, Sports and Tourism)

REVIEW FORM FOR PROJECT FILES AND TOTAL BUDGET ESTIMATE OF THE FILM PRODUCTION PROJECT "..."

Name of Council Member:

Film Production Project:

Investor:

Film Production Unit:

1. Review Opinion

2. Conclusion:

- Agree to approve the project budget estimate;

- Disagree to approve the project budget estimate.

ANNEX 3

(Issued pursuant to Circular No. 03/2020/TT-BVHTTDL dated June 9, 2020 of the Minister of Culture, Sports and Tourism)

MINUTES OF THE MEETING OF THE PROJECT SELECTION BOARD FOR FILM PRODUCTION

Regarding the review of the Project File and the Total Budget Estimate for the film production project "..." according to the plan and funding sources of (Name of the Investor) implemented by (Name of the Film Production Unit)

Today, on .../.../20..., (Name of the Investor) organized a meeting to review the Total Budget Estimate for the film production project "..." according to the plan and funding sources of (Name of the Investor) implemented by (Name of the Film Production Unit);

I. Participants:

* Representatives (names of agencies and names, positions of participants in the Board)

-

-

-

-

-

-

* Representatives (name of the film production unit)

-

-

-

-

-

-

II. Agenda

1. Basis for reviewing the film production project:

-

-

-

-

-

-

2. Review Results:

Unit of measurement: dong

Total budget cost (rounded to thousands) to implement the film "..." is xx.xxx.xxx.000 VND (In words: ……….. even dong)(Including VAT 5% and payment of royalties as prescribed)).

(Details in the attached annex) Conclusion:

3. Signature and full name

-

-

./.

ANNEX 4

(Issued pursuant to Circular No. 03/2020/TT-BVHTTDL dated June9/2020 of the Minister of Culture, Sports and Tourism)

(Attached to

Minutes of the meeting on ...

month ... year 20....) ITEM Cost proposed by the unit

ANNEX 5

(Issued pursuant to Circular No. 03/2020/TT-BVHTTDL dated June9/2020 of the Minister of Culture, Sports and Tourism)

Minutes of the meeting on...

year 20...) SL1ITEM SL2

Unit of measurement: dong