Circular No. 15/2023/TT-BVHTTDL stipulates the organization and operation of the Film Production Project Selection Council using state budget funds

CIRCULAR

REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE BOARD SELECTING FILM PRODUCTION PROJECTS USING STATE BUDGET FUNDS

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Cinema Law dated June 15, 2022;

Pursuant to Decree No. 163/2016/NĐ-CP dated December 21, 2016, issued by the Government, detailing the implementation of certain provisions of the State Budget Law;

Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, placing orders, or tendering for the provision of products and services using state budget funds from regular expenditure;

Pursuant to Decree No. 131/2022/NĐ-CP dated December 31, 2022 of the Government detailing the implementation of 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 Department of Planning and Finance;

The Minister of Culture, Sports and Tourism issues this Circular regulating the organization and operations of the Board selecting film production projects using state budget funds.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular regulates the organization and operations of the Board selecting film production projects using state budget funds implemented through assignment of tasks or placing orders (hereinafter referred to as the Board).

Article 2. Applicability

1. State management agencies for cinema, agencies authorized or delegated to manage state affairs in cinema, central and local agencies using state budget funds to produce films.

2. Members of the Board.

3. Organizations and individuals related to the selection of film production projects using state budget funds (hereinafter referred to as film production projects).

Article 3. Explanation of Terms

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

1. Competent Authority is the agency deciding to approve film production projects according to regulations.

2. Expertis a person with capability, expertise, and experience in film production, film production management, or fields related to film production projects.

Chapter II

ORGANIZATION AND OPERATIONS OF THE BOARD

Article 4. Functions and duties of the Board

1. The Board has the function of advising competent authorities to approve budgets and decide on implementing film production projects through task assignments; advising competent authorities to implement state pricing according to laws on prices and decide on implementing film production projects through placing orders.

2. The Board has the duty to receive, review, and evaluate project proposals for film production.

Article 5. Establishment of the Board

1. Competent authorities decide on establishing the Board, the Secretary of the Board, and the Supporting Team of the Board; terminate, remove, or replace members of the Board, the Secretary, and the Supporting Team.

2. Composition of the Board

a) The Board shall have at least five (5) members, with an odd number of members including the Chairperson, Vice-Chairperson, and members;

b) Based on specific film production projects, the Chairperson may consider inviting additional experts to join the Board on a case-by-case basis. Experts must not be directly related to the film production projects under consideration. Opinions of experts shall be recorded in the Minutes of the Review Meeting of the Board.

3. Term of office of the Board

a) The term of operation of the Board is two (2) years;

b) For units that do not regularly produce films using state budget funds annually, the Board will be established and operate on a case-by-case basis. The Board will dissolve itself upon completion of its tasks.

4. Chairperson of the Board

a) Boards established by Ministries, ministerial-level agencies, or government agencies: The Chairperson of the Board is a leader at the department or bureau level or higher;

b) Boards established by central agencies of political organizations, political-social organizations, or political-social-professional organizations: The Chairperson of the Board is a representative of the leadership of the organization;

c) Boards established by Provincial People's Committees: The Chairperson of the Board is a leader at the provincial department level or higher.

5. Members of the Board

a) Members of the Board include representatives of financial management units and/or cinema management units of competent authorities; project management agencies; and experts. Representatives of project management agencies can concurrently be representatives of financial management units or cinema management units of competent authorities. If the representative of the project management agency is also an expert, there is no need for a separate expert;

b) Board members can concurrently serve as the Secretary of the Board.

6. Permanent Office of the Board

a) The permanent office of the Board is decided by the competent authority;

b) The permanent office of the Board established by the Ministry of Culture, Sports and Tourism is the Department of Planning and Finance.

7. The Secretary of the Board works during the term of the Board.

8. Supporting Team of the Board

a) The Supporting Team of the Board shall have at least three (3) members including a team leader and team members, working during the term of the Board;

b) Members of the Supporting Team of the Board include: representatives of financial management units and/or cinema management units of competent authorities, project management agencies, and film production experts (if necessary).

Article 6. Principles and Methods of Operation of the Council

1. Principles of Operation

a) The Council operates on the principle of collective work, democratic discussion, transparency, and decision-making by majority vote;

b) Members of the Council have the right to reserve personal opinions but must comply with the Council's conclusions;

c) Members of the Council and the Council Secretary must keep confidential information and contents related to film production projects, discussions, and Council conclusions;

d) Members of the Council and the Council Secretary who are directly involved in the film production project under consideration shall not participate in the Council for that film production project;

đ) Members of the Council operate on a part-time basis and are entitled to remuneration for their participation in the Council according to regulations;

2. Methods of Operation

a) The Council convenes a meeting after the Council Support Team completes the Review Report on the Film Production Project File according to Model No. 01 attached as an appendix to this Circular (hereinafter referred to as the Review Report);

b) The Council convenes a meeting when at least 2/3 of the total number of Council members attend;

c) In necessary cases, the Chairman of the Council invites representatives from film institutions with selected scripts and project management agencies to participate in the Council meeting;

d) Members of the Council attending the meeting record their opinions on the Evaluation Form according to Model No. 2 issued together with this Circular and submit it to the Council Secretary for consolidation and reporting at the meeting;

đ) The Council's conclusion must be agreed upon by more than 50% of the total number of Council members attending the meeting, and must be reflected in the Minutes of the Council Meeting according to Model No. 3 issued together with this Circular. In case the voting ratio is 50%-50% among the attending Council members, the Council's conclusion will follow the opinion already voted by the Chairman of the Council;

3. The Council may use the seal and physical facilities of the permanent agency to serve the Council's activities in accordance with the provisions of the law;

Article 7. Principles and Methods of Operation of the Council Support Team

1. The Council Support Team operates on the principle of collective work, democratic discussion, transparency, and decision-making by majority vote regarding the content of the Review Report;

2. The Council Support Team convenes a meeting when at least 2/3 of the total number of Council Support Team members attend;

3. In necessary cases, the Head of the Council Support Team reports to the Chairman of the Council to invite representatives from film institutions with selected scripts and project management agencies to participate in the Council Support Team meeting;

4. Members of the Council Support Team carry out detailed reviews of the Film Production Project File according to the assignment of the Chairman of the Council;

5. The review results of the Council Support Team in the Review Report must be agreed upon by at least 2/3 of the total number of Council Support Team members attending the meeting. A Council Support Team member who disagrees with the review result of the Council Support Team has the right to reserve personal opinions recorded in the Review Report;

6. Members of the Council Support Team may participate in the Council meeting at the request of the Chairman of the Council;

7. Members of the Council Support Team must keep confidential information and contents related to the film production project, the Review Report, and the discussion contents at the Council Support Team meeting and the Council meeting (if requested to participate);

8. Members of the Council Support Team who are directly involved in the film production project under consideration shall not participate in the Council Support Team for that film production project.

Article 8. Rights and responsibilities of members of the Council and members of the Council's Supporting Team

1. Rights and responsibilities of the Chairman of the Council

a) Bear overall responsibility for the activities of the Council during the performance of its tasks;

b) Delegate tasks to members of the Council and members of the Council's Supporting Team;

c) Chair meetings of the Council;

d) Invite experts to participate in the Council (if necessary);

đ) The rights and responsibilities of Council members;

e) Delegate authority to the Vice-Chairman of the Council to exercise one or more of the rights stipulated in points b, c, and d of this clause. Delegation of authority does not apply to three consecutive film production projects.

2. Rights and responsibilities of the Vice-Chairman of the Council

a) Perform tasks assigned or delegated by the Chairman of the Council;

b) The rights and responsibilities of Council members.

3. Rights and responsibilities of Council members

a) Receive project files and related documents from the Council Secretary;

b) Review, assess, and provide professional comments on film production projects participating in selection;

c) Fully participate in Council meetings; in case of absence, report to the Chairman of the Council and submit the Review Form to the Council Secretary before the meeting;

d) Carry out tasks assigned by the Chairman of the Council;

đ) Maintain confidentiality regarding information and content related to film production projects, Review Reports, discussion opinions, and Council conclusions;

e) Express opinions in the Review Form and sign the Meeting Minutes.

4. Rights and responsibilities of the Council Secretary

a) Receive project files and related documents from the project management agency;

b) Transfer project files and related documents to members of the Council's Supporting Team;

c) Receive Review Reports from the Head of the Council's Supporting Team; prepare material resources for Council meetings; send Meeting Invitation Letters, Review Reports, Review Forms, project files, and related documents to Council members;

d) Record Meeting Minutes;

đ) Maintain confidentiality regarding information and content related to film production projects, Review Reports, discussion opinions, and Council conclusions.

5. Rights and responsibilities of the Head of the Council's Supporting Team

a) Propose to the Chairman of the Council that the project management agency submit additional documents if the project file lacks sufficient information;

b) Chair meetings of the Council's Supporting Team to review project files as stipulated in Article 8 of Decree No. 131/2022/NĐ-CP dated December 31, 2022, detailing certain provisions of the Cinema Law;

c) Prepare a Review Report after concluding the Supporting Team meeting and submit it to the Council Secretary;

d) Exercise the rights and responsibilities of Supporting Team members.

6. Rights and responsibilities of Supporting Team members

a) Receive project files and related documents from the Council Secretary;

b) Review project files and provide professional opinions at Supporting Team meetings;

c) Fully participate in Supporting Team meetings. In case of absence, report to the Head of the Supporting Team;

d) Participate in Council meetings upon request of the Chairman of the Council. In case of absence, report to the Chairman of the Council;

đ) Reserve personal opinions in the Review Report if they disagree with the review results of the Supporting Team in the Review Report;

e) Maintain confidentiality regarding film production projects participating in selection; do not disclose discussion contents and Review Reports.

Article 9. Resignation, removal from office, and replacement of members of the Council, Secretary of the Council, and members of the Working Group of the Council

The competent authority shall consider and decide on the resignation, removal from office, and replacement of members of the Council, Secretary of the Council, and members of the Working Group of the Council in the following cases:

1. Members of the Council, Secretary of the Council, and members of the Working Group of the Council submit a personal document requesting to resign.

2. Upon the proposal of the unit that the member of the Council, Secretary of the Council, or member of the Working Group of the Council represents.

3. Members of the Council, Secretary of the Council, and members of the Working Group of the Council are absent without a legitimate reason for three consecutive meetings.

4. Members of the Council, Secretary of the Council, and members of the Working Group of the Council violate the principles and responsibilities stipulated in Articles 6, 7, and 8 of this Circular and relevant laws.

Chapter III

IMPLEMENTATION

Article 10. Effective Date

1. This Circular takes effect from January 22, 2024.

2. Circular No. 03/2020/TT-BVHTTDL dated June 9, 2020, issued by the Minister of Culture, Sports and Tourism, regarding the organization and operation of the Council for selecting film production projects funded by the state budget, shall cease to be effective from the date this Circular takes effect.

Article 11. Transitional Provisions

Councils established before the date this Circular takes effect and are still operational must be reorganized and established anew in accordance with this Circular.

Article 12. Implementation Organization

1. Ministries, ministerial-level agencies, government agencies, political organizations, political-social organizations, occupational-political-social organizations, and provincial People's Committees under central cities using state budget funds for film production, related agencies, organizations, and individuals are responsible for implementing this Circular.

2. The project management agency receives and reviews the Film Production Project File submitted by the film production cinema and forwards a request to the Council.

3. The film production cinema with selected scripts

a) Shall prepare the Film Production Project File in accordance with point a, Clause 1, Article 8 of Decree No. 131/2022/NĐ-CP and submit it to the project management agency;

b) Shall be responsible for the legality, accuracy, and truthfulness of the Film Production Project File submitted to the project management agency in accordance with the law.

4. During implementation, if the cited documents in this Circular are amended, supplemented, or replaced, they shall be implemented according to the amended, supplemented, or replaced documents.

5. During implementation, if any issues arise, agencies, units, and individuals are requested to promptly report them to the Ministry of Culture, Sports and Tourism (through the Department of Planning and Finance) for study, amendment, and supplementation to ensure compliance./.