Circular No. 05/2023/TT-BVHTTDL stipulates film classification criteria and the implementation of displaying film classification levels and warnings.

 

CIRCULAR

REGULATIONS ON CRITERIA FOR CLASSIFYING FILMS AND IMPLEMENTATION OF DISPLAYING FILM RATING LEVELS AND WARNINGS

At the proposal of the Director of the Cinema Department.

Pursuant to the Cinema Law dated June 15, 2022;

Pursuant to Decree No. 01/2023/NĐ-CP dated January 16, 2023 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;shalla, Sports and Tourism;

At the proposal of the Director of the Cinema Department;

The Minister of Culture, Sports and Tourism issues this Circular to regulate the criteria for classifying films and implementing the display of film rating levels and warnings."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." 1. This Circular stipulates the criteria for classifying films and implementing the display of film rating levels and warnings applicable to all forms of film distribution.

Article 1. Scope of Regulation and Applicability

2. This Circular applies to agencies, enterprises, organizations, and individuals related to film distribution activities.

Article 2. Film Rating Levels

Film rating levels according to the classification criteria specified in Article 3 of this Circular are ranked from low to high as follows:

1. Category P: Films permitted for viewing by audiences of all ages;

2. Category K: Films permitted for viewing by audiences under 13 years old with the condition that they view together with their parents or guardians;

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

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

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

6. Category C: Films not permitted for distribution.

Article 3. Criteria for Classifying Films

1. The criteria for classifying films include:

a) Criteria on theme and content;

b) Criteria on violence;

c) Criteria on nudity and sexual activity;

d) Criteria on drugs, stimulants, and addictive substances;

đ) Criteria on horror;

e) Criteria on coarse language;

g) Criteria on dangerous and imitative behavior.

2. The process of evaluating film classifications as prescribed in Article 2 of this Circular is based on the following general principles:

a) Protecting children and other vulnerable groups from inappropriate or potentially negative content;

b) Considering the manner of presentation, specific situations and contexts, interactivity, frequency, duration, level of detail of images, sound, lighting, dialogue, and the impact of the film on viewers, where the importance of context and the impact on viewers are prioritized in film classification;

c) Depending on the content, films may be classified at a lower level when there are the following circumstances:

- When described verbally rather than through visual imagery;

- Visual imagery with a lower impact.

d) Depending on the content, films may be classified at a higher level when there are the following circumstances:

- Containing more details, including close-up shots and slow-motion sequences;

- Using techniques to highlight such as lighting, perspective, and resolution;

- Using special effects such as lighting and sound, resolution, color, size of images, characteristics, and tone;

- Described realistically rather than stylized;

- Encouraging interaction;

- Cumulative impact of multiple classification criteria.

đ) In cases where films fall between classification levels, films that handle situations and convey educational, humanitarian messages, praising moral and social values, and having a positive impact on viewers will be considered for classification at a lower level.

3. The criteria on theme and content of films are determined based on the general principles stipulated in Clause 2 of this Article and the purpose, nature, and handling of situations as follows:

a) The impact on forming emotions, thoughts, aesthetic appreciation, understanding, and acceptance of themes and content for each age group of viewers;

b) Not causing misperceptions about moral values, customs, family relationships, society; ethnic groups, beliefs, religions; children's rights, discrimination, and sensitive topics, implications, and metaphors.

4. The criteria on violence are determined based on the general principles stipulated in Clause 2 of this Article and the purpose, nature, and handling of situations described specifically as follows:

a) The realism of situations, the presence of children and women in violent scenes, animal abuse scenes;

b) Scenes encouraging violence, characters self-satisfying in pain, glorifying, and showcasing violence;

c) Unprovoked violence, contents making viewers believe victims enjoy violence or encouraging imitation;

d) Violent acts depicted humorously, exaggerated, or in fantasy; the purpose of depiction being to condemn violent acts, resulting in positive, critical, and exclusionary outcomes;

đ) Detailed depictions of criminal and violent acts using weapons; images causing pain, bleeding, and cruelty to victims.

5. The criteria on nudity and sexual activity are determined based on the general principles stipulated in Clause 2 of this Article and the purpose, nature, and handling of situations described specifically as follows:

a) Themes, content, and images of nudity and sexual activity not intended for pornography or sexual assault except when condemning or criticizing these actions; having educational purposes or messages appropriate to the film's content;

b) Actions aimed at or creating inspiration for sexual arousal;

c) Acts of sexual violence including rape and coerced sexual violence involving multiple characters; emphasizing elements of victim pain, fear, focusing on images of victims being restrained, helpless, and the attacker's enjoyment;

d) Depicting nudity and sexual activity directly, face-to-face, or indirectly through sound, language, gestures, and image effects;

đ) Describing sexual activities from kissing but not detailing them;

e) Frequency of depicting nudity and sexual activity;

g) Age of characters in sexual scenes;

h) Impact of sexual activity on viewers.

6. The criteria on drugs, stimulants, and addictive substances are determined based on the general principles stipulated in Clause 2 of this Article and the purpose not aiming to guide production, use, advertising, marketing, buying, selling, transporting, storing, or other illegal purposes except when condemning or criticizing these actions and being appropriate to the film's content.

6. Criteria regarding drugs, stimulants, addictive substances shall be determined based on the general principles stipulated in Clause 2 of this Article and shall not aim to guide illegal production, use, advertising, marketing, purchase, sale, transportation, storage, or other violations of the law, except for purposes of condemning and criticizing such actions and being consistent with the content of the film.

7. The horror criterion is determined based on the general principles stipulated in Clause 2 of this Article and the purpose, nature, and manner of handling the described situations, specifically:

a) Factors causing tension, stimulation, or a sense of threat that affect the psychological and health conditions of viewers;

b) The degree of impact of realistic, stimulating, and continuous sound and image effects that evoke horror;

c) The overall tone and atmosphere of the entire film, including the duration and frequency of horror scenes.

8. The criterion for vulgar language is determined based on the general principles stipulated in Clause 2 of this Article and the purpose, nature, and manner of handling the described situations, specifically:

a) Rude gestures, images, sounds, vulgar language, insults, obscenities, and slang;

b) The degree of vulgarity of the language, the context in which it is used, and the sensitivity of the community, culture, and society regarding the use of vulgar images, sounds, and language;

c) Dialogue capable of inciting interest in sexual abuse activities;

d) Discriminatory language, violations of human rights, and local customs and traditions.

9. The criterion for dangerous and imitable behavior is determined based on the general principles stipulated in Clause 2 of this Article and the level of impact on viewers, specifically:

a) Detailed descriptions through images or language of criminal techniques, violence, and instructions on using easily accessible weapons such as knives, sharp objects, or items that can cause injury or death, except when the behavior is condemned and consistent with the film's content;

b) Direct or indirect descriptions, including encouragement or stimulation of actions that may lead viewers to imitate, such as drug use, weapon usage, suicide, self-harm, school violence, or other illegal acts;

c) The level of impact on viewers, both consciously and unconsciously.

10. The content of the film classification criteria shall be implemented according to the Appendix attached to this Circular.

Article 4. Implementation of Film Classification Display and Warnings

1. Principles for Implementing Film Classification Display

a) Films must display their classification during distribution, except for films classified as P;

b) The display of film classification must ensure the provision of information about the film classification and warning content for a sufficient period for viewers to receive the information;

c) For films distributed in cinemas; at diplomatic agency headquarters, foreign cultural institutions established in Vietnam; films distributed on public media and other audiovisual means: the film institution must display the film classification in the following ways: on the movie screen, website, online ticket purchasing application, box office counters, and other appropriate methods;

d) For films distributed on television and the internet: the film institution must display the film classification in the program introduction/display menu on the device interface so that listeners and viewers can make decisions about watching the provided service, ensuring that the film classification is clearly displayed and prominent;

The film classification must be displayed in the top left or right corner of the screen throughout the film distribution period, ensuring it does not overlap with service logos or other symbols;

2. Principles for Implementing Warnings

a) Warning displays must be conducted before and during the distribution of films;

b) Warning displays must be conducted through one or more suitable methods, including but not limited to: spoken words, written text;

c) For films distributed in cinemas; at diplomatic agency headquarters, foreign cultural institutions established in Vietnam; films distributed on public media and other audiovisual means: warnings must be displayed in written text or spoken words before the start of film distribution; the warning display position should be immediately below the film classification symbol;

d) For films distributed on television and the internet: warnings must be displayed in written text or spoken words within three seconds after the start of film distribution; the warning display position should be immediately below the film classification symbol; the maximum number of displays during film distribution for films lasting 20 minutes or longer is three times.

3. Content of Film Classification Display and Warnings

a) The displayed content is the film classification as stipulated in Article 2 of this Circular;

b) The warning content includes the film classification criteria as stipulated in Article 3 of this Circular, namely: Theme and Content; Violence; Nudity and Sexuality; Drugs, Stimulants, Addictive Substances; Horror; Vulgar Language; Dangerous and Imitable Behavior.

If all seven classification criteria appear in the film, then all criteria must be fully warned.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Cinema Department shall take the lead and coordinate with relevant agencies and units to guide and inspect the implementation of this Circular.

2. Agencies, enterprises, organizations, and individuals related to film distribution activities shall organize the implementation of this Circular based on their assigned functions and responsibilities.

Article 6. Effectiveness

1. This Circular takes effect from May 20, 2023.

2. Repeal Clause c Point 1 of Article 10 of Circular No. 12/2015/TT-BVHTTDL dated December 11, 2015, of the Minister of Culture, Sports and Tourism amending and supplementing certain provisions of the Regulation on Film Review and Distribution Permit issued pursuant to Decision No. 49/2008/QĐ-BVHTTDL dated July 9, 2008, of the Minister of Culture, Sports and Tourism.

3. In the course of implementation, if any issues arise, relevant agencies, organizations, and individuals are requested to promptly report them to the Ministry of Culture, Sports and Tourism (through the Cinema Department) for research, amendment, and supplementation as necessary/.