Decree No. 131/2022/ND-CP provides detailed provisions on certain articles of the Cinema Law

 

DECREE

Detailed regulations on certain provisions of the Cinema Law

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Cinema Law dated June 15, 2022;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree to provide detailed regulations on certain provisions of the Cinema Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree provides detailed regulations on point d and point e Clause 2 Article 5; Clause 1 and point a Clause 3 Article 14; point a and point c Clause 3 Article 19; Clause 2 Article 20; point b, point c, point d, point đ Clause 2, point a Clause 3 and Clause 4 Article 21; Clause 2 Article 22; Clause 2 Article 38; Clause 2 Article 42 of the Cinema Law, including the following contents:

1. Transfer of ownership and usage rights for film scripts, films with high ideological and artistic value for propaganda, education, research, storage, and serving political tasks; editing, translating, and subtitling films to serve activities introducing Vietnam's country and people.

2. Research and application of advanced scientific and technological achievements in cinema activities.

3. Production of films using state budget funds to serve political tasks carried out through assignment, commissioning, or bidding; procedures for selecting film production projects.

4. Proportion of screening Vietnamese films, time slots for screening Vietnamese films, duration and time slots for screening children's films in cinemas.

5. Exemption or reduction of ticket prices for the elderly, persons with disabilities, those who have rendered meritorious service to the revolution, children, and other individuals in difficult circumstances as prescribed by law.

6. Ratio of broadcasting time for Vietnamese films compared to foreign films, time slots for broadcasting Vietnamese films, duration and time slots for broadcasting children's films on domestic television channels.

7. Conditions for implementing film classification for dissemination on the internet.

8. Notification of lists of films to be disseminated and results of film classification to the Ministry of Culture, Sports and Tourism before disseminating films on the internet.

9. Implementation of necessary technical measures and guidance for parents or guardians to monitor, manage, and ensure that children view films disseminated on the internet in accordance with their age-appropriate viewing levels; for users to report films violating the provisions of the Cinema Law.

10. Provision of contact points and information for receiving and processing requests from state management agencies; reflections, complaints, and denunciations from service users.

11. Deployment of technical solutions and coordination with competent state management agencies to remove and block illegal films.

12. Responsibility of organizations and enterprises with telecommunications networks to prevent access to illegal films upon request of competent state authorities.

13. State agency with authority to receive notifications regarding public film screenings.

14. Conditions for Vietnamese agencies and organizations to organize film festivals, specialized film festivals, film awards, film competitions, film programs, and film weeks in Vietnam.

15. Fund for supporting the development of cinema.

Article 2. Applicability

This Decree applies to agencies, organizations, and individuals in Vietnam participating in cinema activities in Vietnam and abroad; foreign organizations and individuals participating in cinema activities in Vietnam, and state management agencies on cinema, agencies, organizations, and individuals related to cinema activities.

Article 3. Explanation of Terms

1. The project investor for the production of films using state budget funds (hereinafter referred to as the Investor) is the agency or unit specified in Clause 2 Article 14 of the Cinema Law.

2. The agency or unit managing the project for the production of films using state budget funds (hereinafter referred to as the Project Management Agency) is the agency or unit under the Investor with the function of managing, advising, and consulting the Investor in managing the film production project, assigned by the Investor to implement the task.

3. The film classification data system on the internet is an application used by the competent state agency on cinema of the Ministry of Culture, Sports and Tourism to manage the activities of classifying films by businesses, public institutions, and organizations conducting film dissemination activities on the internet.

Chapter II
SPECIFIC PROVISIONS

Article 4. Receiving the transfer of ownership rights and usage rights for film scripts and films with high ideological and artistic value for propaganda, education, research, storage, and serving political tasks.

Clause 1. State agencies and organizations receiving the transfer of ownership rights and usage rights for film scripts and films with high ideological and artistic value for propaganda, education, research, storage, and serving political tasks shall do so through purchasing or accepting donations of film scripts and films.

Clause 2. State agencies purchasing film scripts and films include:

a) Ministries, ministerial-level agencies, government agencies, and provincial People's Committees;

b) Central agencies of political organizations, political-social organizations, and political-social-professional organizations.

Clause 3. The procedures and formalities for evaluating the ideology and artistry of transferred film scripts and films are as follows:

a) Agencies and organizations specified in Clause 2 of this Article shall establish an Ideological and Artistic Evaluation Council for film scripts and films. The Council operates on the principle of centralization and democracy, discussing to reach consensus. The Council must have at least five members (an odd number), including:

- The Chairman of the Council is a representative of the leadership of the agency receiving the transfer of ownership rights and usage rights for film scripts and films;

- Other members of the Council include representatives of the agency receiving the transfer of ownership rights and usage rights for film scripts and films; scriptwriters, directors, film professionals with experience and professional reputation, and other appropriate positions selected by the receiving agency;

- The Secretary of the Council is decided by the receiving agency.

b) Members of the Council review and evaluate film scripts and films, scoring them out of ten points in increments of 0.5 based on the following criteria:

- Excellent: Scored from 9.0 to 10 for film scripts and films with profound ideological content, high humanistic value, summarizing major issues of social life, unique discoveries about life and people; distinctive cinematic language and advanced techniques;

- Good: Scored from 7.5 to 8.5 for film scripts and films with good ideological content, humanistic value, and social significance; good cinematic language and techniques, creating appeal;

- Fair: Scored from 6.0 to 7.0 for film scripts and films with good ideological content, certain social significance; limited cinematic language and techniques;

- Average: Scored 5.5 or below for film scripts and films with limited ideological content, cinematic language, and techniques.

c) The scores given by Council members for film scripts and films serve as a basis for advising the head of the agency receiving the transfer to evaluate the ideology and artistry of film scripts and films.

d) The head of the agency or organization receiving the transfer bases their decision to purchase or accept donated film scripts and films on the advice of the advisory council and only purchases films according to the evaluation criteria of Fair and above (with an average score of 6.0 or higher).

đ) If there is valuation prior to receiving the transfer of ownership rights and usage rights for film scripts and films for propaganda, education, research, storage, and serving political tasks, it shall be carried out based on agreement between the transferring organization or individual and the agency or organization receiving the transfer of ownership rights and usage rights for film scripts and films.

Clause 4. In cases of receiving transfers of film scripts and films in international relations activities, the decision is made by the head of the agency or organization receiving the transfer.

Clause 5. In cases where film scripts and films use foreign languages, the agency or organization receiving the transfer has the responsibility to organize translation, editing, and subtitling for use.

Article 5. Translation, editing, and subtitling of films for activities introducing Vietnam's country and people

1. State agencies and organizations shall organize the implementation of tasks related to translating, editing, and subtitling films for activities introducing Vietnam's country and people, including:

a) Ministries, ministerial-level agencies, government agencies, and provincial People's Committees;

b) Central agencies of political organizations, political-social organizations, and political-social-professional organizations.

2. The translation, editing, and subtitling of films for activities introducing Vietnam's country and people must ensure:

a) Effectiveness, quality, and correct purpose;

b) Compliance with legal provisions on copyright and related rights.

Article 6. Investment and support for research and application of advanced scientific and technological achievements in film activities

1. Investment in advanced technology to serve film activities and state management work.

2. Digitizing films, scripts, data, other documents, and building infrastructure storage systems for film archives and state agencies managing film.

3. Building and investing in infrastructure, technical equipment, and advanced technology to serve film storage and statistical data collection activities.

4. Researching and applying artificial intelligence, big data systems, and advanced scientific and technological achievements suitable for the trend of film development.

5. Modernizing technology and investing in special effects equipment, synchronized technical equipment to ensure conditions for producing, distributing, and promoting films according to modern technology.

Article 7. Film production using state budget

Films produced using the state budget are special cultural products, linked to copyright from the creative stage to completion. The production of films using the state budget is regulated as follows:

1. For documentary films, science films, animated films under plans serving political tasks on historical, revolutionary, leader, notable person, national hero, children, highland, mountainous region, border, island, ethnic minority areas, conservation and promotion of Vietnamese cultural values topics, the assignment method or ordering method will be implemented.

2. For feature films, combined type films:

a) Implementing the assignment or ordering method for film production projects under plans serving political tasks on historical, revolutionary, leader, notable person, national hero, children, highland, mountainous region, border, island, ethnic minority areas topics;

b) Implementing the bidding method for film production projects under plans serving political tasks on conservation and promotion of Vietnamese cultural values topics.

Article 8. Procedure for selecting film production projects using the state budget

Based on the approved film production plan and the results of the script review board for state-budget-funded film production scripts, the investor and project management agency shall organize the selection of film production projects as follows:

1. For the assignment or ordering method:

a) Film production units with selected scripts shall prepare a film production project dossier to submit to the project management agency for the state-budget-funded film production project selection board, including:

- Dossier in accordance with legal regulations on assigning tasks or ordering public goods and services funded by the state budget.

- Financial capability dossier, production plan, and progress schedule.

- Production cost estimate (for the assignment method) or ordering price proposal (for the ordering method), including:

+ Total production cost estimate;

+ List of technical equipment (specifying code, features, technical specifications) serving the production project (including existing and rented equipment);

+ Labor costs.

- Film distribution and promotion plan.

- Declaration document on copyright for the film script.

- Dossier for feature films and combined type films includes:

+ Script, scene breakdown, and production plan;

+ List of some creative positions in film works including director, screenwriter, cinematographer, film production manager.

- Dossier for documentary, science, and animated films includes:

+ Script, scene breakdown for shooting locations;

+ List of some creative positions in film works including director, screenwriter, animator (for animated films), cinematographer, film production manager.

b) The state-budget-funded film production project selection board established by the investor shall receive the dossier and conduct reviews in accordance with the regulations of the Minister of Culture, Sports, and Tourism. The review results of the board shall advise the investor to consider and decide on the selection of state-budget-funded film production projects, deciding on the assignment or ordering method; in case of choosing the ordering method, the decision on the maximum price and specific price according to legal regulations on pricing;

c) The project management agency shall sign an ordering contract for film production with the film production unit or submit a decision by the investor to assign tasks to the selected film production unit.

2. For the bidding method, it shall be carried out in accordance with legal regulations on bidding and the dossier shall include:

- Dossier in accordance with legal regulations on bidding.

- Financial capability dossier, production plan, and progress schedule.

- Production cost estimate including:

+ Total production cost estimate;

+ List of technical equipment (specifying code, features, technical specifications) serving the production project (including existing and rented equipment);

+ Labor costs.

- Film distribution and promotion plan and profit-sharing plan.

+ Estimated distribution costs;

+ Estimated distribution revenue.

- Declaration document on copyright for the film script.

- Dossier for feature films and combined type films includes:

+ Script, scene breakdown, and production plan;

+ List of some creative positions in film works including director, screenwriter, cinematographer, film production manager.

- Dossier for documentary, science, and animated films includes:

+ Script, scene breakdown for shooting locations;

+ List of some creative positions in film works including director, screenwriter, animator (for animated films), cinematographer, film production manager.

Article 9. Ratio of Vietnamese film screenings, time slots for screening Vietnamese films, duration and time slots for children's films in cinema systems

1. Vietnamese films must be screened in cinema systems, especially during film series commemorating national holidays, serving political, social, and diplomatic tasks as required by competent state agencies.

2. Vietnamese films are prioritized to be screened during the time slot from 18 to 22 hours.

3. The ratio of Vietnamese film screenings in cinema systems shall be implemented according to the following roadmap:

a) Stage 1: From January 1, 2023 to December 31, 2025, ensuring at least 15% of the total number of screenings in a year.

b) Stage 2: From January 1, 2026, ensuring at least 20% of the total number of screenings in a year.

4. Film screenings for children under 13 years old at cinemas must end before 22 hours, and for children under 16 years old, they must end before 23 hours.

Article 10. Exemption and reduction of ticket prices for the elderly, persons with disabilities, those who have rendered meritorious service to the revolution, children, and other individuals with special difficulties as prescribed by law

1. The elderly, those who have rendered meritorious service to the revolution, children, individuals with special difficulties, and other individuals as prescribed by law shall be entitled to a minimum 20% discount on movie ticket prices when directly using movie-watching services at cinemas.

2. Severely disabled persons shall be exempted from ticket prices; severely disabled persons shall be entitled to a minimum 50% discount on movie ticket prices when directly using movie-watching services at cinemas.

Article 11. Ratio of broadcasting duration of Vietnamese films compared to foreign films, time slots for broadcasting Vietnamese films, duration and time slots for children's films on channels broadcasting films on domestic television channels

1. Vietnamese films broadcast on domestic television channels must:

a) Increase broadcasting duration on national holidays, serving political, social, and diplomatic tasks;

b) Be broadcast according to the requirements of competent state agencies to commemorate national holidays, serving political, social, and diplomatic tasks.

2. Vietnamese films are prioritized to be broadcast during the time slot from 18 to 22 hours.

3. The broadcasting duration of Vietnamese films on domestic television channels shall be implemented according to the following roadmap:

a) Stage 1: From January 1, 2023 to December 31, 2025, ensuring at least 15% of the broadcasting duration of Vietnamese films compared to the total broadcasting duration of films on domestic television channels, excluding on-demand television services on the internet provided by press agencies with television operation licenses.

b) Stage 2: From January 1, 2026, ensuring at least 20% of the broadcasting duration of Vietnamese films compared to the total broadcasting duration of films on domestic television channels, excluding on-demand television services on the internet provided by press agencies with television operation licenses.

4. Films for children are prioritized to be broadcast during the time slot from 18 to 22 hours. The broadcasting duration of films for children under 16 years old shall reach at least 5% of the total broadcasting duration of films on domestic television channels.

Article 12. Conditions for Implementing Film Classification for Distribution on the Internet

1. Conditions for implementing film classification for distribution on the internet include:

a) Having a film classification council or technical software or mechanisms to classify films according to Vietnam's film classification regulations and being responsible for the results of film classification;

b) Having a plan to modify and update film classification results upon request from the competent authority of the Ministry of Culture, Sports and Tourism regarding cinema. Management tools must support film classification based on specific criteria and flexibly display the results immediately after changes in film classification;

c) Having technical solutions and procedures to temporarily suspend distribution and remove films upon request from the competent authority of the Ministry of Culture, Sports and Tourism regarding cinema. After receiving a request to remove a film, the operating department must implement the procedure to remove the film from the management tool.

2. Documents for requesting recognition of compliance with conditions for film classification for distribution on the internet:

a) Documentation providing contact information for receiving and processing requests from the competent authority of the Ministry of Culture, Sports and Tourism regarding cinema;

b) A report detailing the contents as prescribed in Clause 1 of this Article.

3. Procedures and formalities for requesting recognition of compliance with conditions for film classification for distribution on the internet:

a) Enterprises, public institutions, organizations distributing films on the internet submit one set of documents through the national public service portal or via postal service or directly to the competent authority of the Ministry of Culture, Sports and Tourism regarding cinema;

b) Within fifteen days from the date of receipt of complete and valid documents, the competent authority of the Ministry of Culture, Sports and Tourism regarding cinema receives the report, responds in writing, and publicly posts the name of enterprises, public institutions, organizations that meet the conditions for film classification on the internet on the Film Classification Data System on the Internet; if the documents do not meet the conditions, they must respond in writing and specify the reasons.

4. In case of changes to the contents prescribed in point a, Clause 2 of this Article, enterprises, public institutions, organizations distributing films on the internet have the responsibility to notify the competent authority of the Ministry of Culture, Sports and Tourism regarding cinema of the changes. Within five working days from the date of receipt of the notification, if不同意翻译的结果，请提供具体反馈或需要我重新翻译的部分。看起来翻译未能完成。让我继续完成剩余部分的翻译。

In the event of changes to the content stipulated in Point b Clause 2 of this Article, enterprises, public service units, and organizations implementing film dissemination on the internet must re-execute the procedures and formalities prescribed in Clause 3 of this Article.

5. In the case where enterprises, public service units, and organizations meeting the conditions for classifying films for dissemination on the internet have classification results that do not match those conducted by the competent state agency under the Ministry of Culture, Sports and Tourism when inspecting:

a) Amend and update the film classification results according to the requirements of the competent state agency under the Ministry of Culture, Sports and Tourism;

b) Shall be deemed as not meeting the conditions for film classification if the classification results and display of such results do not match the film classification results of the competent state agency under the Ministry of Culture, Sports and Tourism more than five times within one month for Type P, Type T18, Type T16, and Type T13, and more than two times within six months for Type C, then they must classify films in accordance with the provisions of Point b Clause 2 of Article 21 of the Cinema Law;

After three months, implement the provisions of Clauses 2 and 3 of this Article to continue the implementation of film classification.

Article 13. Notification of the list of films to be disseminated and the results of film classification to the Ministry of Culture, Sports and Tourism before disseminating films on the internet.

Enterprises, public institutions, organizations conducting film dissemination activities on the internet shall notify the list of films to be disseminated and the results of film classification through the Film Classification Data System on the Internet of the competent state agency for cinema under the Ministry of Culture, Sports and Tourism before disseminating films on the internet.

Article 14. Implementation of necessary technical measures by enterprises, public institutions, organizations conducting film dissemination activities on the internet.

1. Enterprises, public institutions, organizations conducting film dissemination activities on the internet must establish necessary technical measures so that parents or guardians can use such technical measures to control, manage, and ensure that children watch films suitable for their age group, using one of the following methods:

a) Establishing a multi-user account mechanism including a dedicated account for children, wherein: each account must have password protection, have a confirmation mechanism when switching accounts, and have a reporting mechanism to inform the account owner about the viewing history and behavior of the child's account;

b) When accessing films labeled as not suitable for children, there will be a notification displayed confirming the access age;

c) Other similar measures.

2. Enterprises, public institutions, organizations conducting film dissemination activities on the internet must establish necessary technical measures, displaying a report section on inappropriate content within the content display screen or content not suitable for the user's age label for users to complain, reflect, and report violations to the enterprise, public institution, organization when the user has reasons to respond in the following cases:

a) Containing content and behavior violating the provisions of Article 9 of the Cinema Law;

b) The technical measures prescribed in Clause 1 of this Article violate relevant laws;

c) Other acts violating the law related to the dissemination of films on the internet by enterprises, public institutions, organizations conducting film dissemination activities on the internet.

3. Responsibilities of enterprises, public institutions, organizations conducting film dissemination activities on the internet when implementing necessary technical measures:

a) Publicly provide guidance on how to use the technical measures prescribed in Clauses 1 and 2 of this Article on applications or websites disseminating films on the internet;

b) Ensure that the technical measures prescribed in Clauses 1 and 2 of this Article are clear, transparent, and easy to use;

c) Handle complaints, reports from service users no later than 48 hours from the time of receiving complaints, reports if they are based on specific, clear evidence and accompanied by contact information of the service user.

Article 15. Provision of points of contact and information for receiving and processing requests from state management agencies.

1. Enterprises, public institutions, organizations conducting film dissemination activities on the internet must provide the following information to the competent state agency for cinema under the Ministry of Culture, Sports and Tourism:

a) Name of the enterprise, public institution, organization;

b) Contact point: name of the agency, organization or representative in Vietnam, email address, contact phone number.

2. Enterprises, public institutions, organizations disseminating films on the internet must implement stopping or removing violating films no later than 24 hours after receiving the request for films with prohibited content according to the provisions of Article 9 of the Cinema Law and other relevant laws, and within 03 to 05 days for other violating contents according to the request of the competent state agency for cinema under the Ministry of Culture, Sports and Tourism.

Article 16. Responsibilities of organizations and enterprises with digital communication platforms in removing and blocking illegal films

1. Implement necessary technical solutions to block and remove films violating the provisions of Article 9 of the Cinema Law and other relevant laws.

2. Block and remove illegal films no later than 24 hours from the time of receiving the request from the competent state agency for cinema under the Ministry of Culture, Sports and Tourism.

3. For film contents related to copyright infringement, implement according to the provisions of the law on copyright and related rights.

Article 17. Responsibilities of organizations and enterprises with telecommunications networks

Organizations and enterprises with telecommunications networks must ensure the fulfillment of the following obligations:

1. In case of discovering films disseminated on the internet containing content that violates the law and affects Vietnam's national security, the competent state agency for cinema under the Ministry of Culture, Sports and Tourism has the right to require organizations and enterprises with telecommunications networks to immediately implement measures to block access to illegal films. Blocking measures can only be removed after violations have been addressed according to the requirements of the competent state agency.

2. Implement necessary technical measures to block access to illegal films upon the request of the competent state agency for cinema under the Ministry of Culture, Sports and Tourism. The completion time shall not exceed three hours from the time of receipt of the request.

3. For film contents related to copyright infringement, implement according to the provisions of the law on copyright and related rights.

Article 18. Local State agencies receiving notifications about public film screenings

1. Provincial People's Committees receive notifications from theaters, cultural houses, exhibition halls, cultural centers, clubs, stadiums, sports venues, and squares.

2. District People's Committees receive notifications from accommodation service providers, food service establishments, nightclubs, shops, stores, and other public places.

Article 19. Conditions for Vietnamese agencies and organizations to organize film festivals, specialized film festivals, themed film festivals, film awards, film competitions, film programs, and film weeks in Vietnam

Vietnamese agencies and organizations specified in Clause 2 of Article 38 of the Cinema Law, when organizing film festivals, specialized film festivals, themed film festivals, film awards, film competitions, film programs, and film weeks in Vietnam, must meet the following conditions:

1. Have business registration or functions and tasks related to cinema activities or have been assigned or approved by the competent authority to organize such events.

2. The head of the agency or organization must have at least five years of experience in cinema activities. If the head does not meet this requirement, they must collaborate with an agency or organization as stipulated in Clause 1 of this Article, whose head meets the criteria of having at least five years of experience in cinema activities.

3. Possess financial capability to ensure the organization of film festivals, specialized film festivals, themed film festivals, film awards, film competitions, film programs, and film weeks in Vietnam.

4. Submit a plan for organizing film festivals, specialized film festivals, themed film festivals, film awards, film competitions, film programs, and film weeks in Vietnam together with the notification to the Ministry of Culture, Sports and Tourism as prescribed in Point c, Clause 1 of Article 38 of the Cinema Law.

Article 20. Establishment of the Film Development Support Fund

1. The Film Development Support Fund operates under the model of a limited liability company with a single member, wholly owned by the State, with the Ministry of Culture, Sports and Tourism being the representative owner.

2. The Film Development Support Fund shall be formed from the following sources:

a) The registered capital of the Film Development Support Fund provided by the state budget. The provision of capital shall be implemented after

b) Voluntary contributions, sponsorships from domestic and foreign agencies, organizations, individuals, and other lawful income sources;

c) Interest from the Fund's deposits at banks;

d) Other lawful income sources as prescribed by law.

Chapter III
IMPLEMENTING PROVISIONS

Article 21. Implementation clause

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

2. This Decree replaces Decree No. 54/2010/NĐ-CP dated May 21, 2010 of the Government detailing the implementation of certain provisions of the Cinema Law No. 62/2006/QH11 and the Law Amending and Supplementing Certain Provisions of the Cinema Law No. 31/2009/QH12.

3. Abolish the provision in Article 3 of Decree No. 142/2018/NĐ-CP dated October 9, 2018 of the Government amending some regulations on investment and business conditions within the scope of management of the Ministry of Culture, Sports and Tourism.

4. Abolish the provision at point b clause 1 Article 8, and the phrase "summary translation of film content" at point b clause 2 Article 9 in Decree No. 32/2012/NĐ-CP dated April 12, 2012 of the Government on the management of export and import of cultural products not for commercial purposes.

5. Abolish Decree No. 22/2022/NĐ-CP dated March 25, 2022 of the Government amending and supplementing certain provisions of Decree No. 32/2012/NĐ-CP dated April 12, 2012 of the Government on the management of export and import of cultural products not for commercial purposes.

6. For films that have been disseminated on the internet before December 31, 2023, supplementary warnings and display of film classification levels to viewers must be completed by January 1, 2024 if dissemination continues.

Article 22. Responsibility for enforcement

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government, and related agencies, organizations, and individuals are responsible for implementing this Decree.