Decision No. 38/2002/QĐ-BVHTT Issuing Regulations on Conditions for Establishing Film Production Bases and Approval Authority and Procedures

Pursuant to …;

Issuing Regulations on Conditions for Establishing Film Production Bases and Competence, Procedures for Film Approval

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 THE MINISTER OF CULTURE AND INFORMATION

Pursuant to Decree 81/CP dated November 8, 1993 of the Government stipulating the functions, tasks, authorities, and organizational structure of the Ministry of Culture and Information;

Pursuant to Decree 48/CP dated July 17, 1995 of the Government stipulating the organization and operation of cinema;

Pursuant to Decree 59/2002/NĐ-CP dated June 4, 2002 of the Government regarding the abolition of some permits and replacement of some permits with other management methods;

Considering the proposal of the Director of the Cinema Department.

Pursuant to …;

Article 1.

This Decision attaches the Regulations on Conditions for Establishing Film Production Bases and Competence, Procedures for Film Approval.

Article 2.

The conditions for establishing film production bases set forth in these Regulations replace the provisions on conditions for establishing film production bases in Circular 61/TT/ĐA dated October 1, 1996 of the Ministry of Culture and Information guiding the implementation of certain provisions of Decree 48/CP on the organization and operation of cinema.

Article 3.

This Decision takes effect fifteen days from the date of signature. The Director of the Cinema Department, directors of Provincial Departments of Culture and Information, and relevant organizations and individuals are responsible for implementing this Decision.

REGULATIONS

On Conditions for Establishing Film Production Bases and Competence, Procedures for Film Approval
(Issued together with Decision No. 38/2002/QĐ-BVHTT dated December 30, 2002 of the Minister of Culture and Information)

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 Article 1: Scope of Application.

These Regulations apply to organizations and individuals of Vietnam establishing film production bases and submitting films for approval for widespread dissemination.

Article 2: Conditions for Establishing Film Production Bases.

Clause 1: For state agencies, social organizations, economic organizations operating with state budget funds wishing to establish film production bases must meet the following conditions:

Point a: Have a headquarters;

Point b: The director must have graduated from a college specializing in cinema or a bachelor's degree in another field or higher;

Point c: Have a director with a bachelor's degree specializing in directing.

Clause 2: For organizations and individuals wishing to establish film production bases in accordance with the Enterprise Law must meet the following conditions:

Point a: Have a headquarters;

Point b: The owner or director of the film production base must be a Vietnamese citizen, have a permanent residence registration in Vietnam, possess sufficient capacity according to the law, not fall under the prohibitions stipulated in the Enterprise Law, and not have a criminal record involving the dissemination of harmful cultural products. The owner or director of the film production base must have a minimum educational level of a specialized secondary school in cinema, a bachelor's degree in another field or higher, or at least five years of experience in the field of cinematic arts. If the owner or director of the film production base does not meet the professional qualifications stipulated in this clause, they must have a director with a bachelor's degree specializing in directing.

Article 3: Procedures for Establishing Film Production Bases.

Clause 1: For organizations wishing to establish state-owned enterprise film production bases, they shall follow the legal regulations on establishing state-owned enterprises;

Clause 2: For organizations wishing to establish public service unit film production bases, they shall follow the legal regulations on establishing public service units;

Clause 3: For organizations and individuals establishing film production bases as joint-stock companies, limited liability companies, business cooperatives, or private enterprises, they shall follow the regulations of the Enterprise Law.

Article 4: Competence to approve films and video discs.

All types of films and video discs must be approved by the Director of the Cinema Department or the Director of the Provincial Department of Culture and Information before they can be published and disseminated according to the specific provisions below:

1. The Director of the Cinema Department shall approve and permit the dissemination of feature films produced by domestic production units; films and video discs produced by units under the Ministry of Culture and Information; films and video discs ordered or subsidized by the Ministry of Culture and Information.

2. The Director of the Provincial Department of Culture and Information shall approve and permit the dissemination of scientific documentary, animation, sports, fashion, educational, and foreign language teaching films and video discs produced by local legal production units, except for cases within the competence of the Director of the Cinema Department as stipulated in Clause 1 of this Article.

Article 5: Conditions for approving films and video discs.

1. Film production units have the right to submit films for approval after receiving a decision to establish a film production unit or after obtaining a business registration certificate for film production.

2. Films and video discs submitted for approval must be complete works in terms of content and technique. Works produced on which material must be submitted for approval using that same material.

3. For film production units established after this Regulation takes effect, when submitting films and video discs for approval for the first time, they must submit a certified copy of the establishment decision or film production business registration to the competent authority for film approval as stipulated in Article 4 of this Regulation.

Article 6: Procedures for approving films and video discs.

1. Units required to submit films for approval as stipulated in Clause 1, Article 4 of this Regulation must fill out a film and video disc approval registration form (according to the model) at the Cinema Department.

2. Units required to submit films for approval as stipulated in Clause 2, Article 4 of this Regulation must fill out a film and video disc approval registration form (according to the model) at the local Department of Culture and Information.

3. Within fifteen days from the date of receipt of the complete application dossier and films and video discs for approval, the competent authority for film approval must review and decide to permit or not permit dissemination. If dissemination is not permitted, a document stating the reasons must be provided. In cases where additional time is needed for film review, a notification must be issued to the unit that submitted the films and video discs for approval, but the extended period may not exceed thirty days from the date of submission of the film approval application.