Circular No. 14/2024/TT-BVHTTDL stipulates the restriction on using images of actors smoking tobacco in film and theatrical works.

CIRCULAR

Procedures for Limiting the Use of Images of Actors Using Tobacco in Film and Stage Works

trong tác phẩm điện ảnh, sân khấu

Pursuant to the Law on Prevention and Control of Harmful Effects of Tobacco dated June 18, 2012;

Pursuant to the Cinema Law dated June 15, 2022;

Pursuant to Decree No. 144/2020/NĐ-CP dated December 14, 2020 of the Government on artistic performance activities;

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 request of the Director of the Legal Department,

The Minister of Culture, Sports and Tourism issues this Circular on limiting the use of images of actors using tobacco in film and stage works.

Article 1. Scope of Regulation

This Circular stipulates the procedures for limiting the use of images of actors using tobacco in film and stage works and the responsibilities of related organizations and individuals.

Article 2. Applicability

1. Organizations and individuals organizing artistic performances.

2. Organizations and individuals producing, distributing, disseminating, and classifying films.

3. Actors participating in film and artistic performance works.

4. Other organizations and individuals related to film and stage works.

Article 3. Principles for Limiting the Use of Images of Actors Using Tobacco in Film and Stage Works

1. Not to use images of actors using tobacco in film and stage works, except in cases provided for in Clause 2 and Clause 3 of this Article.

2. The use of images of actors using tobacco shall be for the purpose of criticizing and denouncing prohibited acts as prescribed in Article 9 and violations of obligations of smokers as prescribed in Article 13 of the Law on Prevention and Control of Harmful Effects of Tobacco.

3. The use of images of actors using tobacco in film and stage works for artistic purposes shall be carried out in accordance with the provisions of Articles 4 and 5 of this Circular.

Article 4. Use of Images of Actors Using Tobacco in Stage Works for Artistic Purposes

1. The use of images of actors using tobacco for artistic purposes in stage works includes:

a) Depicting historical figures;

b) Reenacting a specific historical period;

c) Criticizing and denouncing the act of using tobacco.

2. When using tobacco for artistic purposes, actors shall not perform the act of smoking on stage.

Article 5. Use of Images of Actors Using Tobacco in Film Works for Artistic Purposes

1. The use of images of actors using tobacco in film works for artistic purposes includes:

a) The cases prescribed in points a, b, and c of Clause 1 of Article 4 of this Circular;

b) Other cases decided by competent state authorities based on the recommendation of the Film Classification Board.

2. In cases where a film contains multiple scenes of actors using tobacco, as evaluated by the Film Classification Board, the dissemination of such film must comply with the following requirements:

a) The film must be classified according to the criteria and implement the film classification level and warnings as prescribed in Circular No. 05/2023/TT-BVHTTDL dated April 5, 2023 of the Minister of Culture, Sports and Tourism on film classification criteria and implementation of film classification levels and warnings.

b) There must be health warnings about the harmful effects of tobacco in text or image form.

Article 6. Responsibilities of relevant organizations and individuals

1. The Cinema Department and the Performing Arts Administration shall be responsible for coordinating with the Legal Affairs Department to guide, inspect, and implement this Circular throughout the country based on their functions, tasks, and authorities.

2. Departments of Culture, Sports and Tourism of provinces and centrally governed cities shall be responsible for implementing this Circular at the local level.

3. Organizations and individuals organizing artistic performances, producing films, distributing films, disseminating films, classifying films, and other related organizations and individuals shall be responsible for ensuring that the restricted content regarding the use of images of actors smoking in film and theatrical works is implemented according to the provisions of this Circular during the course of their professional work.

Article 7. Effective Date

1. This Circular takes effect from January 25, 2025.

2. Circular No. 25/2018/TT-BVHTTDL dated August 30, 2018, issued by the Minister of Culture, Sports and Tourism, which regulates restrictions on images of actors using tobacco in theatrical and film works, shall cease to be effective from the date this Circular takes effect.

During implementation, if any difficulties arise, organizations and individuals are requested to promptly report them to the Ministry of Culture, Sports and Tourism for study, amendment, and supplementation to ensure compliance./.