Law on Cinema No. 05/2022/QH15

 

LAW
FILM

 

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Film Law.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates film activities; rights, obligations, and responsibilities of agencies, organizations, and individuals participating in film activities; state management over films.

Article 2. Applicability

1. Agencies, organizations, and individuals of Vietnam participating in film activities in Vietnam and abroad.

2. Foreign organizations and individuals participating in film activities in Vietnam.

3. State management agencies for films; agencies, organizations, and individuals related to film activities.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Film is a comprehensive art form that applies audiovisual technology and creative techniques to produce movies.

2. Movie is a film work with content, expressed through continuous moving images or images created by technical equipment and technology; it may or may not have sound and other effects according to the principles of film language; it is recorded on materials, using digital technology or other technical means, and distributed to viewers, including feature films, documentary films, scientific films, animated films, and hybrid films.

Movies do not include video products intended for broadcasting news on radio, television, internet services; artistic performance programs, electronic games; video recordings of activities of one or more people describing events, situations, or real-life programs.

3. Film activities include movie production, distribution, promotion, dissemination, development of the film industry, screening, storage of movies, training of film human resources.

4. Film Industry is a creative economic sector in the cultural field, utilizing artistic talent, cultural potential combined with technology and business skills to create film works and film services.

5. Film establishment is a business entity, public service unit, or other organization established by organizations or individuals, implementing film activities in accordance with this Law and relevant laws.

6. Movie Production is the process of creating a film from scriptwriting to completion.

7. Movie Distribution involves the exchange, purchase, sale, rental, export, and import of movies.

8. Movie Dissemination involves making movies available to viewers through various screening methods at cinemas, public screening venues, diplomatic mission premises, foreign cultural establishments established in Vietnam, television systems, internet space, and other audiovisual means.

9. Movie Classification involves evaluating movie content and categorizing movies for appropriate dissemination based on viewer age or prohibiting dissemination.

10. Movie Script is the entire content of a movie expressed in writing or other symbols on materials, using digital technology or other technical means.

11. Movie Owner is an organization or individual who finances and provides physical and technical facilities for movie production, purchases movie ownership rights, or receives such rights as gifts or inheritances, and other forms prescribed by law.

12. Vietnamese Movie is a movie permitted for dissemination in Vietnam under this Law and has at least two out of three factors: a director with Vietnamese citizenship, participation of a Vietnamese film establishment in production, and ownership or co-ownership by a Vietnamese organization or individual.

13. Provision of Film Production Services involves providing equipment, technical facilities, sets, personnel, and other activities related to film production.

14. Film Set is a location for filming scenes that meet spatial and technical facility conditions suitable for film production, including indoor and outdoor sets.

15. Public Screening Venue includes theaters, cultural houses, exhibition halls, cultural centers, clubs, accommodation service providers, catering service providers, dance halls, shops, stadiums, sports arenas, squares, passenger transport vehicles, and other public places organizing screenings.

Article 4. Principles of Film Activities

1. Building a progressive Vietnamese film industry with strong national characteristics, meeting the cultural and artistic enjoyment needs of the people and international integration.

2. Preserving and promoting traditional cultural values, ensuring humanistic, aesthetic, and entertainment qualities.

3. Respecting and ensuring freedom of creative expression within the framework of the law, protecting intellectual property rights of organizations and individuals participating in film activities.

4. Ensuring equality and fair competition among organizations and individuals participating in film activities and developing the film industry.

5. Developing the film industry in accordance with market laws and international treaties to which the Socialist Republic of Vietnam is a member.

6. Utilizing state budget and social resources effectively, transparently, with focus and priority for film, prioritizing highlands, mountainous regions, border areas, islands, ethnic minority regions, and rural areas.

7. Adhering to legal regulations, social ethical standards, professional ethics, and having responsibility to build healthy business culture.

Article 5. State Policies on Film Development and the Film Industry

1. The State has policies to mobilize resources, implement measures to ensure a healthy investment and business environment, develop the film market, create favorable conditions for organizations and individuals participating in film activities to build a film industry linked to economic and social development and international integration.

2. The State invests and supports the following activities:

a) Producing films according to plans serving political tasks on historical, revolutionary, leader, notable person, national hero, children, highland, mountainous, border, island, ethnic minority region topics, preserving and promoting Vietnamese cultural values;

b) Writing film scripts, distributing, popularizing films, providing funding to organize, equipment, technical facilities to popularize films serving highland, mountainous, border, island, ethnic minority regions, and rural areas; serving children, armed forces, and other political, social, diplomatic, educational tasks;

c) Organizing national film festivals, international film festivals, specialized film festivals, themed programs, film weeks in Vietnam; national and international film awards and competitions; film festivals, programs, and weeks of Vietnamese films abroad;

d) Transferring ownership and usage rights of film scripts and films with high ideological and artistic value for propaganda, education, research, storage, and serving political tasks; editing, translating, subtitling films to serve the introduction of the country and people of Vietnam;

đ) Developing theoretical and critical film activities; promoting, introducing, and guiding film aesthetics;

e) Researching and applying advanced scientific and technological achievements in film activities;

g) Building and promoting the national film brand;

h) Constructing and repairing material and technical infrastructure, film sets for production, distribution, popularization, screening, and storage of films;

i) Establishing a statistical infrastructure system and database for the film industry.

3. The State has preferential policies on credit, tax, and land for organizations and individuals participating in film activities as stipulated by law.

4. The State encourages organizations and individuals participating in the activities specified in Clause 2 of this Article and the following activities:

a) Producing, distributing, and popularizing films; promoting and developing film; international cooperation, scientific research, technology transfer, provision of digital services to develop film;

b) Providing financial, credit, guarantee, mortgage of intellectual property rights and insurance products to develop film;

c) Donating and sponsoring film activities and funds for film development established by organizations and individuals.

5. The Government shall provide detailed regulations for Point d and Point e of Clause 2 of this Article.

Article 6. Development of Cinematic Human Resources

1. The State shall have policies to attract, train, nurture, create conditions for the development of cinematic talent, prioritizing support for young talents; appropriate incentives to improve the quality of cinematic human resources.

2. The State shall prioritize investment in building some training institutions and fields of study in cinema that meet international standards; support cultural and artistic training institutions in specialized training or joint training in cinema both domestically and internationally.

3. The State encourages training, nurturing, and technology transfer aimed at developing cinematic human resources to serve film production, distribution, and dissemination through implementing state programs and projects and cooperation with foreign countries; combining the training of cinematic human resources with research and application of science and technology.

Article 7. Political-Social Organizations and Professional Organizations in Cinema

Political-social organizations and professional organizations in cinema, established and operating under the provisions of the Law on Associations, shall have the following responsibilities:

1. Protecting the rights and legitimate interests of members in accordance with the law;

2. Participating in the construction, dissemination, and education of policies and laws related to cinema;

3. Participating in promoting, publicizing, training, and nurturing knowledge about cinema; creating a healthy working environment and business atmosphere for members; mobilizing social resources to implement cinema activities in accordance with the law;

4. Building and organizing the implementation of professional ethics rules; mobilizing members, organizations, and individuals involved in cinema activities to comply with the law;

5. Identifying and recommending to competent state agencies the handling of violations of laws related to cinema.

Article 8. Foreign Investment Cooperation in Cinematic Activities

1. Foreign organizations and individuals may cooperate with Vietnamese film establishments to produce, distribute, and disseminate films according to the law on investment in the following forms:

a) Establishing a foreign-invested economic organization, contributing capital, purchasing shares, or purchasing equity contributions, where the proportion of foreign investor's capital does not exceed 51% of the charter capital;

b) Business cooperation contracts.

2. Cultural centers, film screening units, public film clubs and associations, and mobile film screening teams of Vietnam shall not be permitted to participate in business cooperation contracts or joint ventures with foreign service providers.

Article 9. Prohibited Contents and Actions in Cinematic Activities

1. Strictly prohibited are cinematic activities containing the following contents:

a) Violating the Constitution and laws; inciting opposition or sabotage of the enforcement of the Constitution and laws;

b) Propagandizing against the Socialist Republic of Vietnam; undermining national solidarity; causing harm to national and ethnic interests, Vietnamese cultural values; insulting the National Flag, Party Flag, National Emblem, and National Anthem;

c) Inciting war of aggression, hatred, discrimination among ethnic groups and peoples; spreading reactionary ideas, social evils; destroying social culture and morality;

d) Distorting national history, denying revolutionary achievements; insulting the nation, national heroes; misrepresenting national sovereignty; slandering and insulting the reputation of organizations and the dignity and personality of individuals;

đ) Spreading and supporting terrorism and extremism;

e) Inciting and insulting religious beliefs; propagandizing and encouraging illegal religious activities;

g) Disclosing state secrets, personal privacy, and other secrets as prescribed by law;

h) Inciting violence and criminal acts by depicting detailed methods of execution, images, sounds, dialogue, scenes of beating, torture, and brutal killings, and other acts that insult human dignity, except when such content is expressed to criticize, denounce, condemn crimes, uphold justice, and honor traditional values and culture;

i) Depicting detailed obscene, decadent, and incestuous images, sounds, and dialogue;

k) Violating the rights and legitimate interests of children and minors;

l) Violating the principle of gender equality, gender stereotypes, and gender discrimination.

2. Strictly prohibited are the following actions:

a) Distributing and publicly showing films in cinemas, television systems, and public film screening venues without a Film Classification Permit issued by a competent state agency in charge of cinema (hereinafter referred to as the Film Classification Permit) or a Broadcasting Decision issued by a press agency with a television operation permit (hereinafter referred to as the Broadcasting Decision);

b) Publicly showing films online without classifying them or displaying the classification results as prescribed by this Law;

c) Altering or distorting the content of films and their classification results after obtaining a Film Classification Permit or Broadcasting Decision;

d) Producing, distributing, and publicly showing films, storing, and archiving films without complying with the provisions of this Law, the Intellectual Property Law, and other relevant laws;

đ) Distributing and publicly showing films that have been decided to revoke their Film Classification Permit or Broadcasting Decision;

e) Copying films without the consent of the film owner, except as otherwise provided by the Intellectual Property Law;

g) Not notifying the competent state agency when publicly showing films at public screening venues;

h) Reviewing and issuing Film Classification Permits contrary to the law.

Chapter II

FILM PRODUCTION

Article 10. Rights and Obligations of Film Production Cinemas

1. The rights of film production cinemas include:

a) Producing films, co-producing films; providing film production services to organizations and individuals both domestically and internationally;

b) Participating in state-budget funded film productions;

c) Participating in film festivals, film awards, film competitions, film programs, film weeks.

2. The obligations of film production cinemas include:

a) Ensuring film production according to the business registration content, functions, and tasks assigned or approved;

b) Implementing the content of the script review document for state-budget funded film productions;

c) Ensuring national security, public order, social safety, health, fire prevention, explosion prevention, environmental protection, cultural heritage preservation, and other related issues in accordance with the law during the film production process;

d) Submitting a commitment letter not to violate the provisions of Article 9 of this Law to the Ministry of Culture, Sports and Tourism in cases of co-producing films with foreign organizations and individuals, or receiving financial support from foreign organizations and individuals for film production;

đ) Complying with the provisions of this Law and other relevant laws.

Article 11. Rights and Obligations of Film Producers, Screenwriters, Directors, Cameramen, Actors, and Other Members of the Film Crew

1. The rights of film producers, screenwriters, directors, cameramen, actors, and other members of the film crew include:

a) Creating art within the framework of the law;

b) Enjoying intellectual property rights in accordance with the law on intellectual property;

c) Being protected in their lawful rights and interests related to cinematographic activities.

2. The obligations of film producers, screenwriters, directors, cameramen, actors, and other members of the film crew include:

a) Complying with the provisions of this Law and other relevant laws;

b) Fulfilling contracts with film production cinemas based on agreements and not contrary to the law;

c) Adhering to professional ethics rules and conduct guidelines for those working in the arts field.

Article 12. Activities of Film Sets

1. Organizing management, operation, or joint venture, joint cooperation in film production.

2. Providing film production services and other services in accordance with the law.

Article 13. Film Production Activities in Vietnam by Foreign Organizations and Individuals

1. Foreign organizations and individuals producing films in Vietnam must use film production services provided by Vietnamese film production cinemas.

2. Foreign organizations and individuals using film production services in Vietnam must ensure the following conditions:

a) Having an agreement or service provision contract for film production services with Vietnamese film production cinemas;

b) Films using film production services in Vietnam do not violate the provisions of Article 9 of this Law;

c) In cases where film shooting services using scenes in Vietnam are used, a permit for providing film shooting services using scenes in Vietnam must be obtained from the Ministry of Culture, Sports and Tourism.

3. Documents for applying for a permit to provide film shooting services using scenes in Vietnam for foreign organizations and individuals include:

a) A request for a permit in the format prescribed by the Minister of Culture, Sports and Tourism;

b) A summary script and detailed content script for filming using scenes in Vietnam in Vietnamese;

c) An agreement or service provision contract for film shooting services using scenes in Vietnam with foreign organizations and individuals;

d) A commitment letter from foreign organizations and individuals using film shooting services using scenes in Vietnam not to violate the provisions of Article 9 of this Law.

4. The procedures for issuing permits to provide film shooting services using scenes in Vietnam for foreign organizations and individuals are as follows:

a) Foreign organizations and individuals using film shooting services using scenes in Vietnam or Vietnamese film production cinemas providing film shooting services using scenes in Vietnam for foreign organizations and individuals submit one set of documents through the National Public Service Portal or via postal service or directly to the Ministry of Culture, Sports and Tourism;

b) Within twenty days from the date of receipt of complete and valid documents, the Ministry of Culture, Sports and Tourism will issue the permit; if the permit is not issued, a written response must be given with clear reasons.

If the script needs to be revised due to violations of the provisions of Article 9 of this Law and other relevant laws, or if the documents need to be modified or supplemented with information as required by the Ministry of Culture, Sports and Tourism, within twenty days from the date of receipt of the revised script or fully modified and supplemented documents, the Ministry of Culture, Sports and Tourism will issue the permit.

5. In cases where the contents specified in points a, b, and c of Clause 3 of this Article are changed after obtaining the permit to provide film shooting services using scenes in Vietnam, foreign organizations and individuals or Vietnamese film production cinemas must reapply for the permit according to the procedures and formalities stipulated in Clause 4 of this Article; except for changes in the contents specified in point a and point c of Clause 3 of this Article, within five working days from the date of receipt of complete and valid documents, the Ministry of Culture, Sports and Tourism will issue the permit.

6. The Ministry of Culture, Sports and Tourism decides to revoke the permit to provide film shooting services using scenes in Vietnam in the following cases:

a) Violating the provisions of Article 9 of this Law during the film production process;

b) False information in the application documents for the permit;

c) Not implementing the content of the permit correctly.

Article 14. Film production using state budget

1. Film production using the state budget to serve political tasks as specified in point a, Clause 2, Article 5 of this Law shall be carried out through assignment, commissioning, or tendering.

2. The project investor for film production using the state budget is a Ministry, agency at the level of a ministry, Government agency, central agency of political organizations, political-social organizations, political-social-professional organizations, and provincial People's Committees.

3. The project investor for film production using the state budget shall have the following responsibilities:

a) Implement the process of selecting film production projects;

b) Establish a Script Review Board and a Project Selection Board according to the regulations of the Minister of Culture, Sports and Tourism.

4. The project investor for film production using the state budget may mobilize other legitimate sources of finance for film production.

5. Ownership rights to films and intellectual property rights over films produced using the state budget shall be implemented in accordance with the Intellectual Property Law and other relevant laws.

6. The Government shall provide detailed regulations on Clause 1 and point a, Clause 3 of this Article.

Chapter III

 DISTRIBUTION OF FILMS

Article 15. Rights and Obligations of Cinematic Institutions Distributing Films

1. The rights of cinematic institutions distributing films include:

a) Distributing films in Vietnam and abroad;

b) Exchanging, purchasing, selling, leasing, exporting, and importing films in accordance with the law.

2. The obligations of cinematic institutions distributing films include:

a) Ensuring the distribution of films in accordance with the business registration content, functions, and assigned tasks or approved tasks;

b) Ensuring that distributed films comply with the provisions of this Law and other relevant laws;

c) Being responsible under the law for the content of distributed films.

Article 16. Exchange, Purchase, Sale, Lease of Films

Organizations and individuals exchanging, purchasing, selling, or leasing films must comply with the provisions of this Law and other relevant laws.

Article 17. Exporting and Importing Films

1. Organizations and individuals may only export films that have been granted a Film Classification Permit or Broadcast Decision.

2. Organizations and individuals importing films must commit in writing that the film content does not violate the provisions of Article 9 of this Law and submit it to the Ministry of Culture, Sports and Tourism.

3. The head of organizations and individuals importing films shall be responsible under the law for the content of imported films for film dissemination; managing and using films for research, education, storage, and internal circulation activities.

4. The State encourages and creates conditions for organizations and individuals to participate in exporting films.

Chapter IV

DISSEMINATION OF FILMS

Article 18. Rights and Obligations of Cinematic Institutions Disseminating Films

1. The rights of cinematic institutions disseminating films include:

a) Disseminating films in accordance with the law;

b) Implementing film advertising and other services serving viewers in accordance with the law.

2. The obligations of cinematic institutions disseminating films include:

a) Ensuring the dissemination of films in accordance with the business registration content, functions, and assigned tasks or approved tasks;

b) Only disseminating films with a Film Classification Permit or Broadcast Decision, except in cases where self-classification of films is conducted in accordance with point b, Clause 2, Article 21 of this Law;

c) Ensuring conditions for disseminating films for each form of film dissemination;

d) Displaying film classification levels and warnings as prescribed by the Minister of Culture, Sports and Tourism;

đ) Ceasing the dissemination of films when requested in writing by authorized state agencies.

Article 19. Screening films in cinemas

1. Film establishments screening films in cinemas must meet the following conditions:

a) Being a business or public service unit established in accordance with the provisions of the law;

b) Having a cinema that meets technical standards as prescribed by the Minister of Culture, Sports and Tourism.

2. Film establishments screening films in cinemas have the following rights:

a) Refuse service to viewers who use prohibited substances, stimulants; carry weapons, flammable, explosive materials, radioactive substances, harmful chemicals, prohibited substances, stimulants into the cinema; cause disorder, disrupt order at the cinema;

b) Prevent unauthorized copying, recording, broadcasting of films contrary to the provisions of the law;

c) Require individuals violating the provisions of points a and b of this clause to leave the cinema and report to the competent authority for handling such violations.

3. Film establishments screening films in cinemas must ensure the fulfillment of obligations stipulated in Clause 2 of Article 18 of this Law and the following provisions:

a) Ensuring the ratio of screenings of Vietnamese films, time slots for Vietnamese films, duration and time slots for children's films;

b) Ensuring that viewers watch films according to their age classification;

c) Providing discounts on ticket prices for the elderly, persons with disabilities, those who have rendered meritorious services to the revolution, children, and other disadvantaged groups as prescribed by the law;

d) Implementing data connection and reporting requirements as requested by the competent state authorities.

4. Encourage film establishments screening films in cinemas to screen films promoting state policies and laws before the main film screening.

5. The Government shall provide detailed regulations for points a and c of Clause 3 of this Article.

Article 20. Broadcasting films on television systems

1. News agencies permitted to broadcast films on television systems must meet the following conditions:

a) Possess a license for television operation as prescribed by the law on press;

b) Have a Broadcasting Decision to broadcast films on the Vietnamese television system or on pay television packages or on-demand television services over the internet.

2. News agencies specified in Clause 1 of this Article broadcasting films on television systems must ensure the fulfillment of obligations stipulated in Clause 2 of Article 18 of this Law and must ensure the ratio of broadcasting time for Vietnamese films compared to foreign films, time slots for Vietnamese films, duration and time slots for children's films on domestic television channels as prescribed by the Government.

3. Issuance and revocation of Broadcasting Decisions are decided by the head of the news agency with a television operation license in accordance with the law.

4. Encourage the broadcasting of Vietnamese films produced using state budget funds, films funded or donated by organizations and individuals.

Article 21. Broadcasting films on the Internet

1. Subjects permitted to broadcast films on the Internet are businesses, public service units, organizations implementing film broadcasting activities in accordance with this Law and other relevant laws.

2. Subjects broadcasting films on the Internet as specified in Clause 1 of this Article must ensure the fulfillment of obligations stipulated in point c and point d of Clause 2 of Article 18 of this Law, other relevant laws, and the following provisions:

a) Not broadcasting films that violate the provisions of Article 9 of this Law and other relevant laws;

b) Before broadcasting films on the Internet, ensuring the conditions for film classification as prescribed by the Government and bearing legal responsibility for the content and results of film classification; if the conditions for film classification are not met, requesting the Ministry of Culture, Sports and Tourism or an authorized agency to classify films that have not been issued a Film Classification Permit or Broadcasting Decision in accordance with the procedures and formalities prescribed in Clause 3 and Clause 4 of Article 27 of this Law;

c) Reporting the list of films to be broadcast and the results of film classification to the Ministry of Culture, Sports and Tourism before broadcasting films on the Internet;

d) Implement necessary technical measures and guidance for parents or guardians to monitor and manage children's viewing of films broadcast on the Internet, ensuring it is appropriate to their age; allowing users to report films that violate the provisions of this Law;

đ) Providing contact information to receive and process requests from state management agencies; reflecting complaints and reports from users;

e) Removing films that violate the provisions of Article 9 of this Law and other relevant laws upon written request from the competent state authority.

3. Organizations and enterprises with digital communication platforms for broadcasting films in Vietnam have the following responsibilities:

a) Implementing technical solutions and cooperating with competent state management agencies to remove and block illegal films;

b) Ensuring the fulfillment of obligations stipulated in point a and point d of Clause 2 of this Article.

4. Organizations and enterprises with telecommunications networks have the responsibility to block access to illegal films upon request of the competent state authority.

5. The Ministry of Culture, Sports and Tourism organizes human resources and technical means to implement film content inspection, classification, and display of classification results for films broadcast on the Internet; coordinating with the Ministry of Information and Communications, the Ministry of Public Security, and related state management agencies to implement measures to prevent and handle violations of the law.

6. The Government shall provide detailed regulations for points b, c, d, and đ of Clause 2, point a of Clause 3, and Clause 4 of this Article.

Article 22. Public film screenings at public cinema locations

1. Organizations conducting public film screenings at public cinema locations must meet the following conditions:

a) Ensuring security, public order, social safety, health, fire prevention, explosion prevention, environmental protection, and other relevant conditions as prescribed by law;

b) Providing a list of films to be screened to the competent state authorities at the location where the organization registers for business.

2. Organizations conducting public film screenings at public cinema locations must notify in writing the content and program of the film screenings to the competent state authorities as prescribed by the Government. Within five working days from the date the competent state authority receives the notification, if there is no response, the organization conducting the public film screenings may conduct the screenings; in case the competent state authority disagrees, it must respond in writing and specify the reasons.

3. Organizations and individuals managing and using public cinema locations must ensure compliance with the obligations stipulated in Clause 2 of Article 18 of this Law and the following provisions:

a) Adhering to regulations on business operations, security, public order, social safety, health, fire prevention, explosion prevention, environmental protection, and other relevant legal provisions;

b) Adjusting the time and scale of film screenings at public cinema locations according to the requirements of the competent state authorities.

4. Encouraging organizations conducting public film screenings at public cinema locations to screen films that promote state policies and laws before the main film screening.

Article 23. Public film screenings serving political tasks in mountainous, border, island, ethnic minority, and rural areas

1. Public film screenings serving political tasks in mountainous, border, island, ethnic minority, and rural areas are regular activities carried out annually according to plans decided by local authorities and invested in film dissemination equipment and transportation means suitable to the actual conditions of each locality.

2. The state budget ensures 100% of the costs for organizing public film screenings in mountainous, border, island, ethnic minority areas; ensuring at least 50% of the costs for organizing public film screenings in rural areas.

3. Encouraging film institutions to strengthen the application of information technology to provide films for public film screenings in mountainous, border, island, ethnic minority, and rural areas.

Article 24. Public film screenings at diplomatic mission premises and foreign cultural establishments established in Vietnam

Public film screenings at diplomatic mission premises and foreign cultural establishments established in Vietnam for non-staff members of those organizations must comply with the following provisions:

1. Implement international treaties to which the Socialist Republic of Vietnam is a member;

2. Fulfill the rights and obligations stipulated in Articles 18 and 22 of this Law.

Article 25. Film advertising

1. Organizations and individuals may advertise films through film trailers or related information about the film during the production, distribution, and public screening phases, in accordance with the law on advertising and without violating the provisions of Article 9 of this Law.

2. Organizations and individuals shall not screen the entire content of a film for advertising purposes before obtaining a Film Classification Permit or Broadcast Decision.

Article 26. Advertising products, goods, and services in films

Advertising products, goods, and services in films shall be carried out in accordance with the provisions of the Law on Advertising and other relevant laws.

Article 27. Issuance of Film Classification Permit

1. The authority to issue the Film Classification Permit is stipulated as follows:

a) The Ministry of Culture, Sports and Tourism issues the Film Classification Permit for films to be screened in cinemas; at public film screening locations; on the internet as provided for in point b, Clause 2, Article 21 of this Law; at the premises of diplomatic agencies and foreign cultural institutions established in Vietnam as provided for in Article 24 of this Law;

b) Provincial People's Committees are authorized to issue the Film Classification Permit when meeting the conditions prescribed by the Minister of Culture, Sports and Tourism.

2. The Film Classification Permit issued by the Ministry of Culture, Sports and Tourism and provincial People's Committees is valid nationwide.

3. The application dossier for issuing the Film Classification Permit includes:

a) A request for issuance of the Film Classification Permit in the form prescribed by the Minister of Culture, Sports and Tourism;

b) A copy of the document proving ownership of the film or lawful right to use the film;

c) A complete version of the film;

d) A Vietnamese script for foreign films.

4. The procedures for issuing the Film Classification Permit are stipulated as follows:

a) Organizations and individuals submit one set of the dossier through the National Public Service Portal or by mail or directly to the competent state agency as prescribed in Clause 1 of this Article;

b) Within fifteen days from the date of receiving a complete and valid dossier, the competent state agency shall issue the Film Classification Permit in the form prescribed by the Minister of Culture, Sports and Tourism; if the permit is not issued, the agency must provide a written response stating the reasons.

In cases where the film content needs to be adjusted or the dossier requires additional information as requested by the competent state agency as prescribed in Clause 1 of this Article, within fifteen days from the date of receipt of the adjusted film content, or ten days from the date of receipt of the completed and supplemented dossier, the competent state agency shall issue the Film Classification Permit.

Article 28. Changes to Film Content and Title in the Film Classification Permit

1. If there is a change in the content of a film that has already been issued a Film Classification Permit, organizations and individuals must apply for a new Film Classification Permit in accordance with Article 27 of this Law.

2. If there is only a change in the title of the film without altering its content, which has already been issued a Film Classification Permit, organizations and individuals must notify the competent state agency that issued the permit in writing.

Within five working days from the date of receipt of the notification, if the agency disagrees, it must provide a written response stating the reasons.

Article 29. Revocation of the Film Classification Permit

1. The competent state agency issuing the Film Classification Permit as prescribed in Clause 1 of Article 27 of this Law decides to revoke the Film Classification Permit in the following cases:

a) The Film Classification Permit was issued in violation of regulations;

b) Information in the application dossier for the Film Classification Permit is false.

2. The agency issuing the Film Classification Permit and the organization or individual whose permit has been revoked shall be responsible for remedying the violations stipulated in Clause 1 of this Article caused by themselves.

The continued application for issuance of the Film Classification Permit after remedying the violations shall be carried out in accordance with Article 27 of this Law.

Article 30. Suspension of Film Distribution

1. The competent state agency that decides to suspend film distribution is the agency issuing the Film Classification Permit, the agency receiving notifications about the content and screening programs at public screening venues, or the inspection agency as prescribed by the Government.

2. The competent state agency deciding to suspend film distribution shall issue a written decision specifying the reasons, time point, and duration of the suspension for one of the following cases:

a) Violation of the provisions of Article 9 of this Law;

b) For reasons of national defense, security, natural disasters, epidemics, or emergency situations.

3. In case there is a need to continue distributing the film, the organization shall submit a written proposal to the competent state agency for consideration and decision.

Within five working days from the date of receipt of the written proposal to continue distributing the film, the competent state agency shall consider and decide, and notify the result in writing to the organization that made the proposal.

4. Organizations whose film distribution has been suspended must publicly announce on mass media about the suspension of film distribution and ensure responsibility for the rights and interests of related organizations and individuals in accordance with the law.

Article 31. Film Review and Classification Board

1. The authority to establish the Film Review and Classification Board is as follows:

a) The Minister of Culture, Sports and Tourism establishes the Film Review and Classification Board of the Ministry of Culture, Sports and Tourism;

b) The Chairman of the People's Committee of the province or centrally-administered city establishes the Film Review and Classification Board of the province or centrally-administered city;

c) The head of a press agency with a television broadcasting license establishes the Film Review and Classification Board of the press agency.

2. The Film Review and Classification Board is responsible for advising the competent state agency before issuing the Film Classification Permit and Broadcasting Decision. The composition of the Film Review and Classification Board includes film experts, specialists, and managers from relevant fields, ensuring gender equality principles.

3. The Minister of Culture, Sports and Tourism shall stipulate the organization and operation of the Film Review and Classification Board.

Article 32. Film Classification

1. Films are classified according to their content for appropriate distribution to viewers based on age or prohibition as follows:

a) Category P: Films permitted for viewing by audiences of all ages;

b) Category T18 (18+): Films permitted for viewing by audiences aged 18 and above;

c) Category T16 (16+): Films permitted for viewing by audiences aged 16 and above;

d) Category T13 (13+): Films permitted for viewing by audiences aged 13 and above;

e) Category K: Films permitted for viewing by audiences under 13 years old only if accompanied by parents or guardians;

f) Category C: Films not permitted for distribution.

2. Criteria for film classification apply uniformly to all forms of film distribution as prescribed by the Minister of Culture, Sports and Tourism.

Chapter V

 FILM ARCHIVING AND STORAGE

Article 33. Film Archiving

1. Film establishments with films issued a Film Classification Permit as prescribed must submit one copy of the film for archiving to the issuing agency. For Vietnamese films funded by the State budget, the script and accompanying materials must also be submitted.

2. The period for archiving Vietnamese films is twelve months from the date of issuance of the Film Classification Permit; the archiving period for imported films is as specified in the Film Classification Permit.

3. Upon expiration of the archiving period, the archiving agency shall have the following responsibilities:

a) Transfer the unencrypted archived film copy, script, and accompanying materials to the film storage facility for Vietnamese films produced using the State budget;

b) Transfer the archived film copy to the film storage facility for Vietnamese films produced without using the State budget;

c) Return the archived film copy to the submitting establishment for imported films.

4. Film establishments must unlock the film for verification and inspection upon request by the issuing agency of the Film Classification Permit.

Article 34. Film Storage

1. Film storage facilities under cultural, sports, and tourism agencies shall be responsible for storing Vietnamese films that have been granted a Classification Permit.

2. Film storage facilities under press agencies with television operation permits shall be responsible for storing films of their agencies and units.

3. Film storage facilities under ministries and sectors shall store internally circulating films; scientific research agencies shall store films of their agencies and units.

Article 35. Rights and Responsibilities of Film Storage Facilities

1. To store, provide copies, and print extracts of film materials for the film owner and competent state agencies in accordance with the law.

2. To cooperate with domestic organizations and individuals, foreign organizations and individuals in activities related to film preservation, storage, and restoration; exploit films according to agreements with the film owner.

3. To purchase and receive transfers of films of value both domestically and abroad to serve research, teaching, and learning activities.

4. To provide storage services; sell, lease, and disseminate stored films according to agreements with the film owner.

5. To ensure the safety of film copies, scripts, and accompanying documents in accordance with technical standards.

6. To bear legal responsibility for ensuring intellectual property rights for stored films at the facility.

Article 36. Rights and Obligations of Film Owners in Exhibition and Storage Activities

1. To be guaranteed the safety of film copies, materials, and accompanying documents by film storage facilities; to be guaranteed intellectual property rights in accordance with the law.

2. To decide on selling, leasing, disseminating, and using services for stored films.

3. To submit film exhibition in accordance with Article 33 of this Law.

4. To unlock film codes for verification and inspection upon request from competent state agencies.

Chapter VI

 PROMOTION AND DEVELOPMENT OF THE FILM INDUSTRY; FILM SUPPORT FUND FOR DEVELOPMENT

Section 1

 PROMOTION AND DEVELOPMENT OF THE FILM INDUSTRY

Article 37. Content of Promotion and Development of the Film Industry

1. Promote Vietnamese films, the film industry operating environment, the film production ecosystem, cultural identity, country, and people of Vietnam.

2. Build and promote the national film brand, regional, local, and enterprise brands; study and develop domestic and international film markets.

3. Publicize to enhance societal awareness about the film industry, contributing to ensuring a safe, healthy, and civilized film industry operating environment.

4. Mobilize opportunities, raise investment resources for film development; diversify film genres and improve the quality of Vietnamese films.

Article 38. Film Festivals, Film Awards, Film Competitions, Film Programs, and Film Weeks in Vietnam

1. Central state agencies, political organizations, social-political occupational organizations, provincial People's Committees may organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam according to the following provisions:

a) The head of the agency or organization shall be responsible for organizing film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks;

b) Films participating in film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks must be granted a Classification Permit or Broadcast Decision;

c) To notify the Ministry of Culture, Sports, and Tourism of the implementation plan at least five working days before the event and report the results within five working days after the event ends.

2. Non-central state agencies, non-political organizations, non-social-political occupational organizations, and provincial People's Committees in Vietnam may organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam when meeting the conditions stipulated by the Government and must comply with the provisions of Clause 1 of this Article.

3. International organizations, foreign organizations, diplomatic agencies, and foreign cultural institutions must obtain permission from the Ministry of Culture, Sports, and Tourism to organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam.

4. The Ministry of Culture, Sports, and Tourism shall be responsible for organizing national and international film festivals in Vietnam regularly.

5. The application dossier for organizing film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks as stipulated in Clause 3 of this Article is defined as follows:

a) The application dossier for organizing film festivals, specialized and thematic film festivals, film awards, and film competitions includes a request for permission according to the form prescribed by the Minister of Culture, Sports, and Tourism; a proposal clearly stating the purpose, significance, criteria, content, organizational structure, budget, task allocation, and implementation organization; regulations clearly stating the participants, award structure, and jury composition;

b) The application dossier for organizing film programs and film weeks includes a request for permission according to the form prescribed by the Minister of Culture, Sports, and Tourism; a list of films participating in the program and week; a copy of the Classification Permit.

6. The procedures for issuing permission to organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks are defined as follows:

a) Agencies and organizations submit one set of dossiers through the national public service portal or by mail or directly to the Ministry of Culture, Sports, and Tourism;

b) Within fifteen days from the date of receiving complete and valid dossiers, the Ministry of Culture, Sports, and Tourism shall issue the permit; if the permit is not issued, a written response with reasons must be provided.

In cases where the dossier requires content adjustments or additional information as requested by the Ministry of Culture, Sports, and Tourism, within ten days from the date of receiving the adjusted or fully supplemented dossier, the Ministry of Culture, Sports, and Tourism shall issue the permit.

7. In case of changing the content prescribed in point a, Clause 5 of this Article after obtaining a permit, the agency or organization must request to reissue the permit in accordance with the provisions of Clause 5 and Clause 6 of this Article. Within five working days from the date of receiving complete and valid documents, the Ministry of Culture, Sports and Tourism shall issue the permit.

8. The Ministry of Culture, Sports and Tourism decides to revoke the permit in the following cases:

a) Violating the provisions of Article 9 of this Law during the organization of film festivals, specialized film festivals, thematic film festivals, film awards, film competitions, film programs, and film weeks;

b) False information in the application documents for the permit;

c) Failure to comply with the contents of the permit.

Article 39. Organization of Vietnamese Film Programs and Weeks Abroad

1. The Ministry of Culture, Sports and Tourism organizes Vietnamese film programs and weeks abroad according to the plan.

2. Other agencies and organizations organizing Vietnamese film programs and weeks abroad must notify in writing the Vietnamese diplomatic mission in the host country or the area under its jurisdiction about the content and plans at least twenty days before the event.

3. The Vietnamese diplomatic mission in the host country or the area under its jurisdiction supports and facilitates the organization of Vietnamese film programs and weeks abroad and reports to the Ministry of Culture, Sports and Tourism if it discovers inappropriate content.

4. The head of the agency or organization is responsible for the organization of Vietnamese film programs and weeks abroad.

Article 40. Films Participating in Film Festivals, Awards, Competitions, Programs, and Weeks in Vietnam and Abroad

1. Films participating in film festivals, awards, competitions, programs, and weeks in Vietnam and abroad must have been issued a Film Classification Permit or a Broadcast Decision.

2. In cases where the rules of international film festivals stipulate that participating films must be national representatives, the selection of films is regulated and implemented by the Minister of Culture, Sports and Tourism.

Article 41. Preferential Treatment for Foreign Organizations Using Film Production Services in Vietnam

Foreign organizations producing films using filming locations and production services provided by Vietnamese organizations are entitled to tax benefits in accordance with the laws on taxation.

Section 2

 FUND FOR THE DEVELOPMENT AND SUPPORT OF THE FILM INDUSTRY

Article 42. Establishment of the Film Development Support Fund

1. The Film Development Support Fund is a state financial fund outside the budget, supported by state capital, established and operated in accordance with the law; it has independent financial capacity; it has sources of revenue and expenditure that do not overlap with those of the state budget; it has legal personality, its own seal, and separate account, established by

2. The Government shall provide detailed regulations for this Article.

Article 43. Purpose of the Film Development Support Fund

1. Supporting experimental film production projects, debut films, and films by young authors.

2. Supporting authors, film production projects, and outstanding Vietnamese films participating in film festivals, awards, competitions, film markets, programs, and weeks abroad.

3. Supporting other activities to develop the film industry.

Article 44. Principles of Operation of the Film Development Support Fund

1. Not for profit purposes; ensure the preservation of the registered capital and self-cover management costs.

2. Implement income and expenditure, settlement, financial transparency, asset disclosure, and accounting work in accordance with the provisions of the law.

3. Be subject to inspection, audit, and state auditing regarding the activities of the Film Development Support Fund.

4. Ensure transparency, thriftiness, efficiency, appropriate use for intended purposes, and compliance with legal regulations, without overlapping with the state budget allocated for film public service activities. The Fund shall not support film production projects funded by the state budget.

5. The surplus funds of the Film Development Support Fund from the previous year shall be carried over to the next year for continued use.

Chapter VII

STATE MANAGEMENT RESPONSIBILITIES FOR FILM

Article 45. State Management Responsibilities for Film of the Government, Ministry of Culture, Sports and Tourism

1. The Government shall uniformly manage state affairs concerning film.

2. The Ministry of Culture, Sports and Tourism shall assist the Government in implementing state management of film and shall have the following responsibilities:

a) Issuing or submitting to competent state agencies for issuance and implementation of policies, legal normative documents on film, strategies, and plans for film development;

b) Providing information, propaganda, dissemination, and legal education on film;

c) Establishing national standards and technical regulations in film activities; statistical indicators systems and industry databases;

d) Training, capacity building, and developing human resources in film;

đ) International cooperation in film activities; promoting and advancing film development domestically and internationally;

e) Research and application of science and technology in film activities;

g) Issuing and revoking permits in film activities; stopping the distribution of films within its authority;

h) Implementing commendation and reward work in film activities;

i) Inspecting, supervising, handling complaints and accusations, and dealing with violations of the law in film activities within its authority.

Article 46. State Management Responsibilities for Film of Ministries and Agencies Equivalent to Ministries

Ministries and Agencies Equivalent to Ministries, within their respective tasks and powers, shall have the responsibility to coordinate with the Ministry of Culture, Sports and Tourism in implementing state management of film.

Article 47. State Management Responsibilities for Film of People's Committees at All Levels

1. People's Committees at all levels, within their respective tasks and powers, shall have the responsibility to implement state management of film locally; ensuring security, social order, public health, fire prevention, explosion prevention, and environmental protection at locations where film production, distribution, and screening take place.

2. Provincial People's Committees, within their respective tasks and powers, shall implement the provisions of Clause 1 of this Article and the following tasks:

a) Developing, issuing, and implementing plans for film development suitable to local realities;

b) Issuing or submitting to competent state agencies for issuance of supportive policies and measures to attract investment to promote local film development;

c) Investing in film development; establishing, improving, and consolidating organizational structures and operations for film distribution and screening locally;

d) Receiving and responding to notifications regarding film screenings at public viewing venues within their jurisdiction;

đ) Issuing and revoking Film Classification Permits, stopping film distribution within their authority;

e) Inspecting, supervising, handling complaints and accusations, and dealing with violations of the law in film activities within their authority.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 48. Amend and supplement the Investment Law No. 61/2020/QH14 which has been amended and supplemented by some articles pursuant to Law No. 72/2020/QH14 and Law No. 03/2022/QH15.

Amend and supplement Item 192 of Appendix IV - List of Industries and Business Fields Subject to Conditions issued together with the Investment Law No. 61/2020/QH14 which has been amended and supplemented by some articles pursuant to Law No. 72/2020/QH14 and Law No. 03/2022/QH15 as follows:

             

Article 49. Effective Date

1. This Law shall take effect from January 1, 2023.

2. The Cinema Law No. 62/2006/QH11 which has been amended and supplemented by some articles pursuant to Law No. 31/2009/QH12, Law No. 35/2018/QH14 and Law No. 61/2020/QH14 shall cease to be effective from the date this Law takes effect.

Article 50. Transitional Provisions

1. Film Distribution Licenses and Broadcasting Decisions granted in accordance with the Cinema Law No. 62/2006/QH11 which has been amended and supplemented by some articles pursuant to Law No. 31/2009/QH12, Law No. 35/2018/QH14 and Law No. 61/2020/QH14 shall continue to be implemented in accordance with the provisions of the Film Distribution License and Broadcasting Decision.

Joint Venture and Cooperation Production Licenses for providing film production services to foreign organizations and individuals granted in accordance with the Cinema Law No. 62/2006/QH11 which has been amended and supplemented by some articles pursuant to Law No. 31/2009/QH12, Law No. 35/2018/QH14 and Law No. 61/2020/QH14 shall continue to be valid until the expiration date stated on the license.

2. For films that have been granted a Film Distribution License or a Broadcasting Decision but have not yet provided warnings and displayed the film rating level to viewers as prescribed by the Minister of Culture, Sports and Tourism, within one year from the date this Law takes effect, they must supplement warnings and display the film rating level to viewers if continuing to distribute the film.

This Law was adopted by the National Assembly of the Socialist Republic of Vietnam at its third session of the fifteenth term on June 15, 2022./.