Circular No. 11/2023/TT-BVHTTDL stipulates on the organization and operation of the Film Review and Classification Council.

CIRCULAR

REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE FILM REVIEW AND CLASSIFICATION BOARD

Pursuant to the Cinema Law dated June 15, 2022;

Pursuant to Decree No. 131/2022/NĐ-CP dated December 31, 2022 of the Government detailing certain provisions of the Cinema Law;

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

At the proposal of the Director of the Cinema Department;

The Minister of Culture, Sports and Tourism issues this Circular on the organization and operations of the Film Review and Classification Board.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular applies to the competent authority issuing the Film Classification Permit, the authority issuing the broadcast decision for film dissemination on television systems; the Film Review and Classification Board of the Ministry of Culture, Sports and Tourism, provincial People's Committees, and television media organizations with broadcasting licenses.

Article 2. Applicability

This Circular applies to the competent authority issuing the Film Classification Permit, the authority issuing the broadcast decision for film dissemination on television systems; the Film Review and Classification Board of the Ministry of Culture, Sports and Tourism, provincial People's Committees, television media organizations with broadcasting licenses, and related organizations and individuals.

Article 3. Explanation of Terms

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

1. Cinematographic specialist is a person holding a bachelor’s degree or higher in cinematography.

2. Short film is a feature film or a combination of multiple formats under 60 minutes in length.

Chapter II

ORGANIZATION AND OPERATIONS OF THE FILM REVIEW AND CLASSIFICATION BOARD

Article 4. Functions of the Board

The Board has the function of reviewing and classifying films to advise the Ministry of Culture, Sports and Tourism, provincial People's Committees (hereinafter referred to as the licensing authority), and television media organizations with broadcasting licenses (hereinafter referred to as the broadcast decision issuing authority) before issuing the Film Classification Permit and Broadcast Decision according to Article 31 of the Cinema Law.

Article 5. Establishment of the Board

1. Film Review and Classification Boards

a) Feature film and multi-format film review and classification board;

b) Documentary, scientific, animated, and short film review and classification board;

c) Film festival, specialized film festival, film award, film competition, film program, and film week in Vietnam and abroad review and classification board;

d) Online space film review and classification board;

e) Vietnamese television system, pay television package, and online pay television service film review and classification board provided by television media organizations with broadcasting licenses.

2. The authority to establish the Board shall be carried out in accordance with Clause 1, Article 31 of the Cinema Law.

3. The licensing authority and the broadcast decision issuing authority may organize one or more boards for each type of film based on actual requirements.

Article 6. Organization of the Board

1. The composition of the Board includes the Chairman, Vice-Chairman, and members, including representatives from the licensing authority or the broadcast decision issuing authority, cinematographic specialists, experts, and managers from relevant fields, ensuring gender equality as stipulated in Clause 2, Article 31 of the Cinema Law.

a) For the Boards specified in points a, b, and c, Clause 1, Article 5 of this Circular, the Chairman of the Board is a cinematographic specialist, and the Vice-Chairman is a representative from the licensing authority or the authorized or delegated authority to issue permits;

b) For the Board specified in point a, Clause 1, Article 5 of this Circular, two-thirds of the Board members are cinematographic specialists;

c) For the Board specified in point c, Clause 1, Article 5 of this Circular, the composition of the Board includes representatives from the licensing authority, cinematographic specialists, experts, representatives from propaganda, security, diplomatic agencies, and other related agencies;

d) In necessary cases, the head of the licensing authority or the broadcast decision issuing authority, after reaching agreement with the Chairman of the Board, may invite experts from related fields to participate for consultation. Experts participating in the review will be compensated according to current regulations.

2. The Standing Committee of the Board consists of the Chairman, Vice-Chairman, and one member of the Board who is a representative from the licensing authority or the broadcast decision issuing authority.

3. If the Board only has three members, the composition of the Board includes the Chairman and members without a Standing Committee.

4. The Secretary of the Board assists the Board in its work, appointed by the licensing authority, working for the term of the Board. The Secretary of the Board may be a member of the Board.

5. The number of members of the Board

a) The Boards specified in points a, b, and c, Clause 1, Article 5 of this Circular have at least seven (7) members, with an odd number of members;

b) The Board specified in point d, Clause 1, Article 5 of this Circular has at least three (3) members, with an odd number of members;

c) The Board specified in point e, Clause 1, Article 5 of this Circular has at least five (5) members, with an odd number of members.

6. The term of operation of the Board is two (2) years.

Article 7. Principles of Operation of the Council

1. The Council operates on the principle of democratic centralism, conducting open discussions and making decisions based on the majority results of the evaluations by Council members.

2. A valid evaluation and classification session of the Council must have more than half of the total number of members present, including the Chairperson or Vice-Chairperson.

3. The conclusion of the evaluation and classification of films by the Council must be agreed upon by at least two-thirds of the members present, recorded in the Minutes of Evaluation and Classification of Films signed by the Chairperson or Vice-Chairperson (authorized). In cases where a Council member is part of the film production team submitting for evaluation and classification, such member shall not participate in the evaluation and classification of that film.

4. The licensing authority and broadcasting decision issuing agency organize and invite the Council to convene at least once a year to assess the Council's activities.

5. The evaluation and classification forms of Council members are kept with the evaluation and classification files. These files are stored at the licensing authority and broadcasting decision issuing agency.

6. The Council evaluating and classifying films disseminated on the internet operates in either centralized or non-centralized form with all members participating in the evaluation. Council members send their evaluation and classification forms (Form No. 04 Appendix I issued together with this Circular) to the Council Secretary for consolidation.

7. The Council operating in centralized form implements the provisions of Clauses 1, 2, 3, 4, and 5 of this Article. The Council operating in non-centralized form implements the provisions of Clauses 4, 5, and 6 of this Article.

8. The licensing authority and broadcasting decision issuing agency ensure the organization and operation of the Councils.

Article 8. Rights and Responsibilities of the Council

1. Rights and responsibilities of the Council

a) Adhere to the principles of operation of the Council as stipulated in Article 7 of this Circular, conduct film evaluations and classifications according to the film classification criteria, and display the film classification level, warnings, and related legal provisions;

b) Council members are entitled to remuneration as prescribed.

2. Rights and responsibilities of the Chairperson of the Council

a) Chair the film evaluation and classification sessions;

b) Chair the discussion, conclude, and sign the Minutes of Film Evaluation and Classification;

c) Delegate the Vice-Chairperson to chair the film evaluation and classification sessions in the absence of the Chairperson;

d) The Chairperson or Vice-Chairperson (authorized) is the official spokesperson of the Council;

e) Fulfill the rights and responsibilities of the Council Member as stipulated in Clause 4 of this Article.

3. Rights and responsibilities of the Vice-Chairperson of the Council

a) Represent the Chairperson to chair the film evaluation and classification sessions and act as the Council's spokesperson (in the absence of the Chairperson and authorized);

b) Fulfill the rights and responsibilities of the Council Member as stipulated in Clause 4 of this Article.

4. Rights and responsibilities of the Council Member

a) Evaluate and classify films and propose classification levels and assessment criteria on the evaluation and classification form;

b) Fully participate in all film evaluation and classification sessions, report absences to the Chairperson or Vice-Chairperson (authorized);

c) Implement confidentiality regarding information and documents related to film evaluation and classification as prescribed by law. Council Members may not disclose discussion contents, film content, and Council conclusions without the Chairperson's consent;

d) Not use the Council Member title in activities outside the scope of Council operations.

5. Rights and responsibilities of the Council Standing Committee

a) Provide the Council with information related to films seeking permission;

b) Recheck edited and revised films according to the Council's opinions and authorization.

Article 9. Resignation, Removal, and Replacement of Council Members

During the term of operation of the Council, the agency that established the Council shall decide to allow resignation, remove, and replace Council members in the following cases:

1. The Council member submits a personal document requesting to resign from participation in the Council.

2. The Council member is absent without a valid reason for three consecutive Council meetings.

3. The Council member violates the principles of operation, rights, and responsibilities of the Council as stipulated in Articles 7 and 8 of this Circular and relevant laws.

Article 10. Sample Documents

Attached to this Circular are Appendices on sample evaluation forms, film classification forms; sample minutes of film evaluation and classification; sample Film Classification Permit and sample Decision not to Allow Film Distribution for the Councils specified in points a, b, c, and d Clause 1, Article 5 of this Circular. For the Council specified in point e Clause 1, Article 5 of this Circular, the sample evaluation forms, minutes of film evaluation and classification, and sample decision to broadcast are decided by the press agencies with television operating licenses.

1. Appendix I: Sample Evaluation and Classification Form for Films

a) Form No. 01: Evaluation and Classification Form for Vietnamese Films;

b) Form No. 02: Evaluation and Classification Form for Imported Films;

c) Form No. 03: Evaluation and Classification Form for Films Participating in Film Festivals, Specialized Film Festivals, Themed Film Festivals, Film Awards, Film Competitions, Film Programs, and Film Weeks in Vietnam and Abroad;

d) Form No. 04: Evaluation and Classification Form for Films on the Internet.

2. Appendix II: Sample Minutes of Film Evaluation and Classification

a) Form No. 01: Minutes of Evaluation and Classification for Vietnamese Films;

b) Form No. 02: Minutes of Evaluation and Classification for Imported Films;

c) Form No. 03: Minutes of Evaluation and Classification for Films Participating in Film Festivals, Specialized Film Festivals, Themed Film Festivals, Film Awards, Film Competitions, Film Programs, and Film Weeks in Vietnam and Abroad;

d) Form No. 04: Minutes of Evaluation and Classification for Films on the Internet.

3. Appendix III: Sample Film Classification Permit and Sample Decision Not to Allow Film Distribution.

Chapter III

IMPLEMENTING PROVISIONS

Article 11. Transitional Provisions

The Film Evaluation and Classification Councils established before the effective date of this Circular shall continue their operations until the end of their terms and shall operate according to the provisions of the Cinema Law dated June 15, 2022, and this Circular.

Article 12. Effective Date

1. This Circular takes effect from November 21, 2023.

2. Repeal Decision No. 49/2008/QĐ-BVHTTDL dated July 9, 2008, of the Minister of Culture, Sports and Tourism promulgating the Regulation on Film Evaluation and Issuance of Film Distribution Permits, Circular No. 12/2015/TT-BVHTTDL dated December 11, 2015, of the Minister of Culture, Sports and Tourism amending and supplementing certain articles of the Regulation on Film Evaluation and Issuance of Film Distribution Permits issued together with Decision No. 49/2008/QĐ-BVHTTDL, and Circular No. 08/2010/TT-BVHTTDL dated August 18, 2010, of the Minister of Culture, Sports and Tourism stipulating the organization and activities of the Television and Radio Film Evaluation Council.

3. Repeal Clause 2, Article 2 of Circular No. 17/2022/TT-BVHTTDL dated December 27, 2022, of the Minister of Culture, Sports and Tourism stipulating sample documents in cinema activities and Appendix II Sample Film Classification Permit issued together with Circular No. 17/2022/TT-BVHTTDL dated December 27, 2022, of the Minister of Culture, Sports and Tourism.

4. In the course of implementation, if any difficulties arise, it is requested that agencies, units, and individuals promptly report to the Ministry of Culture, Sports and Tourism (through the Cinema Department) for research, amendment, and supplementation to ensure compliance./.