Circular No. 17/2023/TT-BVHTTDL stipulates the conditions for issuing Film Classification Permits by provincial People's Committees and municipal People's Committees under the central government.

CIRCULAR
Regulations on Conditions for Issuing Film Classification Permits by Provincial People's Committees and Municipal People's Committees under Central Government
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On the basis of Law on Cinema Pursuant to the Law on Forces Participating in Ensuring National Security and Public Order at the Grassroots Level dated November 28, 2023;

Decree No. 01/2023/NĐ-CP dated January 16, 2023, promulgated by the Government stipulating 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 stipulating conditions for issuing film classification permits by The provincial people's committees and municipal people's committees under central government.

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates conditions for issuing film classification permits by provincial people's committees (hereinafter referred to as provincial people's committees).

Article 2. This Circular applies to provincial people's committees and agencies, organizations, and individuals related to the issuance of film classification permits.

Article 2. Conditions for Issuing Film Classification Permits by Provincial People's Committees

Clause 1. Provincial people's committees shall be issued film classification permits for documentary films, scientific films, and animated films produced or imported by film establishments with their main offices located within the province when meeting the following conditions:

Point a) Having a Film Review and Classification Board that meets the provisions set out in Circular No. 11/2023/TT-BVHTTDL dated October 5, 2023, issued by the Minister of Culture, Sports and Tourism regarding the organization and operation of the Film Review and Classification Board;

Point b) Having appropriate facilities and technical equipment for screening films in various formats to ensure the review and classification of films;

Point c) Connecting to the National Public Service Portal to facilitate organizations and individuals in applying for film classification permits.

Clause 2. Provincial people's committees shall be issued film classification permits for feature films and hybrid films produced or imported by film establishments with their main offices located within the province when meeting the following conditions:

Point a) Provisions at points a, b, and c of Clause 1 of this Article;

Point b) In the preceding year (from January 1 to December 31), film establishments with their main offices located within the province have produced at least ten feature films or hybrid films which have been issued film classification permits and are allowed to be disseminated.

Article 3. Notification of Meeting Conditions for Issuing Film Classification Permits

Annually, from January 1 to January 15, when meeting the conditions for issuing film classification permits stipulated in Clauses 1 and 2 of Article 2 of this Circular, provincial people's committees shall perform the following actions:

Clause 1. Send a Notification to the Ministry of Culture, Sports and Tourism (Cinema Department) about meeting the conditions for issuing film classification permits (in accordance with the form prescribed in the Appendix attached to this Circular).

Clause 2. Publish on the provincial people's committee’s official website or electronic information portal about meeting the conditions for issuing film classification permits.

Clause 3. After seven working days from the date of completing the notification as prescribed in Clauses 1 and 2 of this Article, provincial people's committees shall be issued film classification permits until January 31 of the following year.

Article 4. Failure to Meet Conditions for Issuing Film Classification Permits

Clause 1. Provincial people's committees shall not meet the conditions for issuing film classification permits if they have not performed the notification as prescribed in Article 3 of this Circular.

Clause 2. Provincial people's committees shall not meet the conditions for issuing film classification permits if the Ministry of Culture, Sports and Tourism conducts regular, periodic, or spot checks from the preceding year to the inspection date and finds any of the following situations:

Point a) Actual conditions do not match the Notification as prescribed in Article 3 of this Circular;

Point b) Issuing film classification permits incorrectly two consecutive times within six months for Categories P, T18, T16, T13, and K;

Point c) Issuing film classification permits incorrectly once for Category C.

Clause 3. Within seven working days from the date of discovering that provincial people's committees have not made notifications as prescribed in Article 3 of this Circular and fifteen days from the date the Ministry of Culture, Sports and Tourism concludes the case as prescribed in Clause 2 of this Article, the Ministry of Culture, Sports and Tourism shall notify in writing that provincial people's committees do not meet the conditions for issuing film classification permits.

Clause 4. After the Ministry of Culture, Sports and Tourism notifies that provincial people's committees do not meet the conditions for issuing film classification permits, provincial people's committees shall continue to issue film classification permits as follows:

Point a) Seven working days after rectifying the provisions at points a, b, and c of Clause 1 of Article 2 and performing the notification as prescribed in Clauses 1 and 2 of Article 3 of this Circular;

Point b) Rectifying the failure to make notifications as prescribed in Article 3 of this Circular;

Point c) Six months after the date the Ministry of Culture, Sports and Tourism notifies as prescribed in point b of Clause 2 of this Article and provincial people's committees perform the notification as prescribed in Clauses 1 and 2 of Article 3 of this Circular;

Point d) Twelve months after the date the Ministry of Culture, Sports and Tourism notifies as prescribed in point c of Clause 2 of this Article and provincial people's committees perform the notification as prescribed in Clauses 1 and 2 of Article 3 of this Circular.

Clause 5. During the period when provincial people's committees do not meet the conditions for issuing film classification permits as notified by the Ministry of Culture, Sports and Tourism, applications for film classification permits already received shall be handled as follows:

Point a) For applications where the Film Review and Classification Board has not yet conducted reviews and classifications, the receiving agency shall return the application, review fees, and film classification fees to the organization or individual;

Point b) For applications where the Film Review and Classification Board has already conducted reviews and classifications, the receiving agency shall continue to issue film classification permits according to regulations.

Article 5. Responsibilities of the Ministry of Culture, Sports and Tourism

1. Regularly, periodically, or at random, inspect the conditions for issuing Film Classification Permits.

2. Notify in writing when provincial People's Committees do not meet the conditions to issue Film Classification Permits.

3. Publish on the Ministry of Culture, Sports and Tourism’s (Film Bureau) official website or electronic information page or software applications the list of films issued with Film Classification Permits, classification levels, and warning displays; update the list when changes occur.

Article 6. Responsibilities of the Provincial People's Committee

1. Ensure all conditions for issuing Film Classification Permits are met.

2. Notify in writing when provincial People's Committees meet the conditions to issue Film Classification Permits as stipulated in Article 3 of this Circular and publish such notification on their official website or electronic information page upon receiving a notice from the Ministry of Culture, Sports and Tourism regarding non-compliance with the conditions for issuing Film Classification Permits.

3. Submit reports on the issuance of Film Classification Permits (including lists of films issued with Film Classification Permits, classification levels, and warning displays accompanied by copies of Film Classification Permits) to the Ministry of Culture, Sports and Tourism (Film Bureau) before the 20th day of each month, quarter, and before December 10th annually if there are film evaluation and classification activities.

4. Publish on the provincial People's Committee’s official website or electronic information page the list of films issued with Film Classification Permits, classification levels, and warning displays; update the list when changes occur.

5. In cases where the conclusion of the Ministry of Culture, Sports and Tourism during inspections differs from the film classification results of provincial People's Committees, the provincial People's Committees shall be responsible for recalling Film Classification Permits according to Clause 1, Article 29 of the Cinema Law and reissue Film Classification Permits based on the conclusions of the Ministry of Culture, Sports and Tourism.

6. Bear responsibility for issuing Film Classification Permits contrary to legal regulations and handle and rectify related consequences (if any) according to legal provisions.

Article 7. Effective Date

- Office of the President, Office of the General Secretary,

2. For the year 2024, the time period for meeting the conditions to issue Film Classification Permits as stipulated in Article 3 of this Circular starts from March 1, 2024.

Article 8. Responsibility for Implementation

1. Provincial People's Committees are responsible for directing and organizing the implementation of this Circular.

2. Heads of units under the Ministry of Culture, Sports and Tourism, Directors of Departments of Culture, Sports and Tourism, Departments of Culture and Sports, Heads of agencies, organizations, and individuals involved in the issuance of Film Classification Permits are responsible for implementing this Circular.

3. During the implementation process, if any issues arise, relevant agencies, organizations, and individuals are requested to promptly report in writing to the Ministry of Culture, Sports and Tourism (Film Bureau) for guidance and resolution according to regulations./.