Circular No. 05/TT-PC guiding the implementation of the Regulation on "Circulation, trading of films, video discs, music discs; selling, renting publications; cultural activities and cultural services in public places; advertising, writing, placing signs" issued together with Decree No. 87/CP dated December 12, 1995 of the Government.

CIRCULAR

OF THE MINISTRY OF CULTURE AND INFORMATION

Guidelines for implementing the regulations on the circulation and business of films, video discs, audio discs; rental of publications; public cultural activities; advertising, writing, and placing signs issued together with Decree No. 87/CP dated December 12, 1995 of the Government

Pursuant to Article 3 of Decree No. 87/CP dated December 12, 1995 of the Government;

The Ministry of Culture and Information provides specific guidelines for certain points to implement the regulation on "Circulation and Business of Films, Video Discs, Audio Discs; Sale and Rental of Publications; Public Cultural Activities and Cultural Services; Advertising, Writing, and Placing Signs" (referred to as the regulation) as follows:

I. GENERAL PROVISIONS

Article 1.

1. Cultural products and cultural activities containing pornographic and obscene content as stipulated in Article 3 of the regulation are those that contain images, language, sounds, actions that are provocative, stimulating, lewd, decadent, incestuous, and contrary to Vietnamese traditional morality and customs.

a. Strictly prohibit the depiction on cultural products (films, video discs, audio discs, books, newspapers, calendars, paintings, photographs, posters, propaganda, advertisements...) of the following contents:

Depicting sexual acts between people, between people and animals in all forms.

Depicting masturbation or genitalia.

Depicting nude scenes that provoke lust.

b. Strictly prohibit the depiction in artistic performances, dances, karaoke singing, and other public cultural activities of the following contents:

Depicting sexual acts or genitalia.

Depicting nude scenes that provoke lust.

c. In cases where it is necessary to depict sexual acts or nudity in films or video discs according to the theme of the work and with humanistic value, such depictions may be shown from a distance, blurred, or briefly, and must be approved by the appraisal organization of the Ministry of Culture and Information or the Department of Culture and Information.

In cases where nude models, teaching aids, or nude images, depicting genitalia, are used for educational or learning purposes at medical schools or art schools, separate provisions apply.

2. Cultural products and cultural activities containing violent-stimulating content as stipulated in Article 3 of the regulation are those that contain images, language, sounds, actions depicting brutal killings, torturous scenes, and other actions that offend human life and dignity, cruel treatment of animals, contrary to Vietnam's tradition of peace and kindness, and not aimed at exposing crimes or protecting justice.

a. Strictly prohibit the depiction on films, video discs, audio discs, books, newspapers, paintings, photographs, stages, of the following contents:

Depicting scenes of heads falling, blood flowing, limbs being cut off.

Depicting scenes of stabbing, slashing, punching, beating brutally.

Depicting scenes of writhing in pain and horror.

Depicting scenes of satisfaction and joy from committing crimes.

Depicting other criminal acts.

b. In cases where it is necessary to depict the scenes mentioned in point a of Clause 2 to expose crimes and promote justice, such depictions may be shown from a distance, blurred, or briefly, and must be approved by the appraisal organization of the Ministry of Culture and Information or the Department of Culture and Information.

II. CIRCULATION AND BUSINESS OF FILMS, VIDEO DISCS

Article 2.

1. The certificate for circulating video discs issued by the Ministry of Culture and Information or the Department of Culture and Information under Clause 2, Article 4 of the regulation is valid throughout the country.

In cases where video discs have been permitted to circulate but are not suitable for local conditions, the local Department of Culture and Information has the right to temporarily suspend circulation and report to the Ministry of Culture and Information for decision.

2. Units authorized to reproduce and obtain labels to affix on video discs as stipulated in Clause 5, Article 4 and Clause 1, Article 5 of the regulation include:

a. Film production companies;

b. Vietnam Film Import-Export and Distribution Company (Fafim Vietnam); film distribution companies and cinemas of provinces and centrally-administered cities.

c. Units authorized to produce music video discs, karaoke video discs, sports video discs, fashion video discs, educational video discs, foreign language teaching video discs; d. Units authorized by the Ministry of Culture and Information to produce video discs temporarily;

đ. Publishers producing video discs instead of or accompanying books; For video disc labels instead of or accompanying books, they shall comply with the Law on Publishing.

e. Units producing specialized content video discs when widely disseminated must be approved by the competent authority according to Clause 2, Article 4 of the regulation and follow current procedures for affixing labels.

3. Labels affixed on video discs are uniformly issued by the Cinema Department (Ministry of Culture and Information) for copyright owners of works. Only labels from the Cinema Department allow video discs to be circulated.

The price of labels includes royalties agreed upon between the buyer and seller and the cost of issuing labels. If the buyer purchases part or all of the rights for nationwide or regional distribution, both parties will agree on the number of labels based on a specific economic contract.

4. Units authorized to affix labels must be responsible for managing the use of the labels issued. A label for a particular video disc can only be used for that video disc. All printed items on the label must be fully filled out.

5. When selling video disc copyrights to other units or individuals, the unit authorized to affix labels must provide the agreed-upon quantity of labels according to the contract signed by both parties.

Article 3.

The conditions and procedures for duplicating audiovisual tapes for business as stipulated in Clause 2, Article 5 of the Regulation are specified as follows:

a. Conditions:

Having facilities ensuring that duplicated audiovisual tapes must meet technical standards for image and sound according to the "standard video tape" standard issued together with Decision No. 103 QD/DA dated January 18, 1991 of the Ministry of Culture and Information.

Having technicians holding certificates at the intermediate level or higher in electronics and video.

Having a unique registration mark with the Cinema Department to be printed on duplicated tapes.

b. Procedures:

Must submit an application dossier to the Cinema Department. The dossier includes:

- An application form signed and stamped by the Director of the unit. If the unit is under local management, it must include a proposal from the local Department of Culture and Information. The application must clearly state: the name of the applying unit, the location of the duplication activity, and a commitment not to violate regulations on the distribution and sale of audiovisual tapes and copyright regulations.

A list of technical facilities for operating audiovisual tape duplication.

A list of technicians accompanied by certified copies (notarized) of their certificates in electronics and video.

A registration form for the unique mark on the unit's tapes.

c. Within thirty days from the date of receiving all necessary documents, the Cinema Department will issue a business license if approved. If denied, a written response must be provided.

d. Units duplicating audiovisual tapes for business may only operate after obtaining a license from the Cinema Department and completing the required business registration procedures as prescribed by Law.

Article 4.

1. The procedures for opening an audiovisual tape store as stipulated in Clause 2, Article 8 of the Regulation are specified as follows:

Units meeting the conditions set out in Clause 1, Article 8 of the Regulation wishing to open an audiovisual tape store must submit an application to the local Department of Culture and Information, stating the name of the person responsible for the store. If the person responsible for the store is a contractual employee, a labor contract must be attached. The application must also include a confirmation letter from the local People's Committee regarding the store's location.

Within fifteen days from the date of receiving all necessary documents, the Department of Culture and Information must issue an operation permit. If denied, a written response must be provided.

2. Audiovisual tape retail and rental stores already permitted to operate before the issuance of the Regulation, if they meet the conditions set out in Clause 1, Article 8 of this Regulation and wish to continue operations, must follow the procedures to become audiovisual tape stores of units as stipulated in Clause 1, Article 5 of the Regulation.

Article 5.

The procedures for applying for a business license for film and audiovisual tape projection as stipulated in Article 9 of the Regulation are specified as follows:

1. Organizations and individuals, including restaurants, cafes, and refreshment establishments, wishing to project films or audiovisual tapes for business purposes or to attract customers must submit an application to the local Department of Culture and Information. The application must clearly state:

The name of the organization or individual applying for permission.

The name and address of the film or audiovisual tape projection venue.

The number of audience rooms, area, and number of seats per room.

Ensuring that the film and audiovisual tape projection venue is a clean and attractive cultural activity site.

Committing not to violate regulations on the circulation and sale of films and audiovisual tapes.

2. Attached to the application must be documents confirming the right to use the premises and land.

3. Within thirty days from the date of receiving all necessary documents, the Department of Culture and Information will issue a business license if approved. If denied, a written response must be provided.

4. Organizations and individuals may only engage in business activities of film and audiovisual tape projection after obtaining a license from the local Department of Culture and Information and completing the required business registration procedures as prescribed by Law.

III. CIRCULATION AND SALE OF MUSIC AUDIOVISUAL TAPES

Article 6.

The conditions and procedures for duplicating music tapes and discs for business as stipulated in Clause 2, Article 14 of the Regulation are specified as follows:

1. Conditions:

Having specialized equipment and facilities for duplicating music tapes and discs.

Technical operators must have certificates in electronics and sound issued by legitimate training institutions.

2. Procedures:

Submitting an application for a business practice permit to the Department of Culture and Information at the local level, wherein the application must clearly state: the name of the applying entity; the location for duplicating music tapes and discs; a list of technical operators; a commitment not to duplicate prohibited music tapes and discs and not to violate copyright regulations.

After obtaining the business practice permit, the applicant must proceed with the procedure to obtain a business license in accordance with the provisions of the Law.

Within thirty days from the date of receipt of all necessary documents, the Department of Culture and Information will consider issuing the business practice permit; in cases of refusal, a written response must be provided.

Article 7.

1. Musical compositions created before the revolution and prior to 1975 under the Saigon puppet regime are permitted to be disseminated, including:

a. Musical pieces and songs listed in the Catalogue of Permitted Songs in the following documents:

Announcement No. 1 - Document No. 135/ANM dated October 15, 1989, issued by the Music and Dance Department.

Announcement No. 2 - Document No. 1435/VH-TB dated August 10, 1991, issued by the Ministry of Culture, Sports and Tourism (now the Ministry of Culture and Information).

Announcement No. 3 - Document No. 256 dated January 28, 1992, issued by the Ministry of Culture and Sports (now the Ministry of Culture and Information).

Announcement No. 4 - Document No. 2168/VH-TB dated July 18, 1992, issued by the Ministry of Culture and Sports (now the Ministry of Culture and Information).

Announcement No. 5 - Document No. 453/VHTT-TB dated February 28, 1995, issued by the Ministry of Culture and Information.

b. Musical pieces and songs that have been permitted for dissemination by the Department of Culture and Information.

c. Musical pieces and songs that have been broadcast on radio and television; published legally by publishers and legitimate music tape and disc production units; published in newspapers and magazines; used in films that have been permitted for dissemination; used in authorized public art performances.

d. Other musical pieces and songs that have been permitted for dissemination by the Ministry of Culture and Information.

2. It is forbidden to circulate music tapes and discs produced or imported from abroad without permission from the Ministry of Culture and Information or the local Department of Culture and Information.

IV. PUBLIC CULTURAL ACTIVITIES AND CULTURAL SERVICES IN PUBLIC PLACES

Article 8.

Organizations and individuals wishing to engage in public cultural activities as stipulated in Clause 2, Article 18 of the Regulation must submit an application to the local Department of Culture and Information for a business practice permit.

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

1. Application form, which must clearly state:

Name, year of birth

Place of permanent registration

Occupation

Content of the requested business activity

Location and area used for business operations.

2. Certificate of right to use the business area.

3. Declaration of specialized equipment and devices.

4. Certificates of professional qualifications of equipment operators.

Within thirty days from the date of receipt of all necessary documents, the Department of Culture and Information will review and issue the business practice permit; in cases of refusal, a written response must be provided.

After obtaining the business practice permit, the applicant must proceed with the procedure to obtain a business license in accordance with the provisions of the Law.

Article 9.

Cultural activities serving internal purposes as stipulated in Clause 2, Article 19 of the Regulation are those cultural activities serving staff within the organization, agency, or unit, without charging fees.

In cases where cultural activities are organized for charitable purposes with charges or donations, approval from the Department of Labor, Invalids and Social Affairs to apply for a permit from the local Department of Culture and Information is required.

Special arrangements for organizing mass art festivals must comply with the regulation on "Mass Art Festivals" issued by the Ministry of Culture pursuant to Decision No. 165/VH-QĐ dated August 18, 1987.

Article 10.

The approval and issuance of performance permits for theatrical plays and music and dance programs as stipulated in Clause 3, Article 21 of the Regulation are delegated as follows:

1. The Performing Arts Department approves and issues performance permits for central artistic units.

2. The Department of Culture and Information approves and issues performance permits for local artistic units.

Performance permits issued by the Performing Arts Department and the Department of Culture and Information are valid nationwide.

If a play has been approved for performance but is deemed unsuitable for local circumstances, the local Department of Culture and Information may temporarily suspend the performance and report to the Ministry of Culture and Information for decision.

Article 11.

The use of musical pieces and songs in nightclubs and karaoke rooms shall be carried out according to the guidelines set forth in Article 7 of this Circular. The catalog of songs in karaoke rooms must be confirmed and stamped by the Department of Culture and Information on each page.

V. BOOKS, PERIODICALS, PAINTINGS, PHOTOGRAPHS, CALENDARS AND BOOK RENTAL

Article 12.

Illegal publications as stipulated in Clause 2, Article 26 of the Regulation are books (including photocopies) that violate any of the following provisions:

1. Not registered in the publication plan of publishers by the Publishing Department.

2. Not granted a publication permit by the Publishing Department or the local Department of Culture and Information.

Article 13.

Illegal imports of books as stipulated in Clause 2, Article 26 of the Regulation are books printed in Vietnamese or foreign languages imported into Vietnam, including photocopies, without permission from the Ministry of Culture and Information or the local Department of Culture and Information.

VI. IMPLEMENTATION PROVISIONS

Article 14.

During the implementation of this Circular, if any unreasonable provisions are discovered, the Departments of Culture and Information, organizations, and individuals are requested to report to the Ministry of Culture and Information for revision and amendment.