Circular No. 25/2018/TT-BVHTTDL on limiting images of actors using tobacco in theatrical and film works

CIRCULAR

Provisions on restricting images of actors using tobacco products in theatrical works and films

in theatrical works and films

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Based on the Tobacco Control Law 2012;

Based on the Cinema Law 2006 and the Law Amending and Supplementing Certain Articles of the Cinema Law 2009;

Pursuant to Decree No. 79/2012/ND-CP dated October 5, 2012 of the Government stipulating artistic performances, fashion shows; beauty pageants and model contests; circulation, trading of audio and video recordings of music and dance, theater, and Decree No. 15/2016/ND-CP dated March 15, 2016 of the Government amending and supplementing certain articles of Decree No. 79/2012/ND-CP dated October 5, 2012 of the Government stipulating artistic performances, fashion shows; beauty pageants and model contests; circulation, trading of audio and video recordings of music and dance, theater;

Pursuant to Decree No. 79/2017/NĐ-CP dated July 17, 2017, of the Government stipulating 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 stipulating the restriction of images of actors using tobacco products in theatrical works and films.

Article 1. Scope of Regulation

This Circular stipulates the principles, contents of the restriction of images of actors using tobacco products in theatrical works and films and the responsibilities of organizations and individuals related thereto.

 Article 2. Applicability

1. Organizations and individuals organizing artistic performances.
2. Organizations and individuals producing films, importing films, distributing films, disseminating films.
3. Other organizations and individuals related to theatrical and film activities.

Article 3. Principles for Restricting Images of Actors Using Tobacco Products in Theatrical Works and Films

1. Not to use images of actors using tobacco products in the following cases:

a) To depict prohibited acts as provided for in Article 9 and violations of obligations of smokers as provided for in Article 13 of the Tobacco Control Law, except when such depiction is intended to criticize or denounce these acts;

b) To praise organizations and individuals who have succeeded from the production and trade of tobacco products;

c) To depict in theatrical works and films intended for children;

d) Other cases as prescribed by law.

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

Article 4. Actors Using Tobacco Products for Artistic Purposes in Theatrical Works

1. Actors may use tobacco products for artistic purposes in theatrical works in the following cases:

a) Depicting historical figures;

b) Reenacting a specific historical period;

c) To criticize or denounce the act of using tobacco products;

d) Other cases for artistic purposes approved by competent authorities based on the proposal of the Art Council.

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

Article 5. Actors Using Tobacco Products for Artistic Purposes in Film Works

1. Actors may use tobacco products for artistic purposes in film works in the following cases:

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

b) Other cases for artistic purposes approved by competent authorities based on the proposal of the Film Review Board.

2. In the case where a film contains many scenes of actors using tobacco products according to the assessment of the Film Review Board, the dissemination of the film must ensure one of the following requirements:

a) To be classified for dissemination suitable to age groups. The classification of films is based on the criteria set forth in the Appendix attached hereto;

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, Departments of Culture and Sports of provinces and centrally-run cities shall be responsible for implementing this Circular at their localities.

3. Organizations and individuals organizing artistic performances, producing films, importing films, distributing films, disseminating films and other organizations and individuals related thereto shall be responsible for ensuring the content of restrictions on images of actors using tobacco products as prescribed in this Circular during the course of performing their professional duties.

Article 7. Effective Date

1. This Circular takes effect from November 15, 2018.
2. Circular No. 02/2014/TT-BVHTTDL dated May 14, 2014 of the Minister of Culture, Sports and Tourism stipulating the restriction of tobacco product use in theatrical works and films ceases to be effective from the date this Circular takes effect.

During implementation, if any difficulties arise, organizations and individuals are requested to promptly report to the Ministry of Culture, Sports and Tourism for research and prompt resolution./.