Circular No. 61/TT-ĐA guiding the implementation of certain provisions of Decree No. 48/CP dated July 17, 1995 on organization and operation of cinema

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 48/CP

dated July 17, 1995 on Organization and Operation of Cinema

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Pursuant to Decree No. 48/CP dated July 17, 1995 of the Government on organization and operation of cinema, the Ministry of Culture and Information provides detailed guidance on conditions, procedures for establishment and operation of cinema establishments; authority, procedures for examination and permission for circulation of film works; conditions and procedures for issuance of practice certificates; division of management levels and responsibilities between the Ministry of Culture and Information and localities regarding cinema activities as follows:

I- NATURE OF OPERATIONS OF CINEMA ESTABLISHMENTS

Article 1. The public welfare nature of state-owned enterprises engaged in cinema operations.

State-owned enterprises established with state capital investment and organized to manage activities of film production, distribution, screening, export, and import are considered public welfare enterprises. Based on the Law on State-Owned Enterprises promulgated on April 30, 1995, such enterprises operating in the aforementioned fields have the right:

1. To enjoy subsidies, price supports, or other preferential policies from the State when engaging in public welfare activities or providing products and services according to national pricing policies that do not cover the cost of production of such products and services by the enterprise;

2. To receive funding from the State according to annual budgets or orders from the State approved by competent state authorities, consistent with the tasks assigned by the State plan to the enterprise;

3. To fulfill assigned tasks and enjoy other preferential policies stipulated in the Law on State-Owned Enterprises and specific provisions of current laws concerning public welfare activities.

II- CONDITIONS AND PROCEDURES FOR ESTABLISHMENT AND OPERATION OF CINEMA ESTABLISHMENTS

12/2025/TT-BNNMT dated June 19, 2025 issued by the Minister of Agriculture and EnvironmentFor film production establishments.

1. Conditions:

Central-level state agencies, economic organizations, social organizations, provincial-level agencies, and centrally-administered municipal agencies wishing to establish film production establishments must meet the following conditions:

a) Possess capital and other necessary material-technical conditions ensuring film production activities with a total value of not less than 1,000,000,000 VND (one billion).

Capital must be confirmed by a competent financial authority and deposited in a bank in accordance with financial management regulations;

b) Have a headquarters with an area of at least 24 square meters confirmed by a competent land management agency regarding ownership or usage rights, and ensure communication equipment;

c) Have individuals responsible for the positions of director, chief accountant, artistic supervisor, and director.

The director must hold a practice certificate as prescribed in Article 14 of this Circular.

The artistic supervisor must:

- Hold a university degree or equivalent in film arts specialties.

- Be the author of at least two widely distributed film works on the screening network or television.

2. Procedures:

a) Agencies and organizations meeting the conditions stipulated in Clause 1 of this Article wishing to establish a film production establishment must submit an application to the Ministry of Culture and Information (Film Bureau), signed and stamped by the head of the agency. Accompanying the application must be documents confirming capital, headquarters, and the positions specified in Point c, Clause 1 of this Article. The director and artistic supervisor must provide a curriculum vitae with attached photographs, and a certification from a competent authority regarding their professional qualifications and the names of works they have created; the director must also provide a copy of the practice certificate or graduation certificate.

Individuals entering into contracts must provide a labor contract with a term of at least one year with the agency or organization seeking establishment.

Provincial-level agencies or centrally-administered municipal agencies seeking to establish a film production establishment must additionally obtain written approval from the Chairman of the People's Committee of the province or centrally-administered municipality where the establishment will be located.

b) Within thirty days from receipt of complete files, the Film Bureau shall review and submit to the Ministry of Culture and Information for issuance of a decision establishing the film production establishment. In case of rejection, a written response will be provided.

3. Operations:

a) After receiving the establishment decision from the Ministry of Culture and Information, the film production establishment must complete business registration procedures in accordance with the law;

b) All film production and dissemination activities of the establishment must comply with government and Ministry of Culture and Information regulations on cinema management, and other relevant laws governing film production and dissemination;

c) The Ministry of Culture and Information will revoke the establishment permit of the film production establishment and notify relevant agencies in the following cases:

- One year after the issuance of the establishment permit, if the film production establishment has not submitted any work for review;

- Two years after the issuance of the establishment permit, if the film production establishment has not submitted at least two feature films or three video films for review;

Article 3. - If the film production establishment violates the law to the extent that the permit must be revoked.

1. Conditions:

For film export establishments.

State agencies, economic organizations, social organizations, or individuals wishing to establish a film export business, in addition to general legal requirements for export and import operations, must meet the following conditions:

a) Possess capital and other necessary material-technical conditions ensuring film export activities with a total value of not less than 1,000,000,000 VND (one billion), confirmed by a competent financial authority and approved by the Ministry of Trade;b) Have a headquarters with an area of at least 24 square meters and a warehouse with an area of at least 20 square meters, confirmed by a competent land management authority regarding ownership or usage rights;

2. Procedures:

c) Have individuals responsible for the positions of director, chief accountant, and export-import business supervisor.

a) Agencies, organizations, or individuals wishing to establish a film export establishment must submit a dossier to the Ministry of Culture and Information (Film Bureau). The dossier includes:

- An application for establishment permission.

- Documents proving capital, headquarters, warehouse, and staff of the establishment.

b) Within fifteen days from the date of receiving all necessary documents, the Ministry of Culture and Information shall examine and issue a decision to establish a film export entity. In case of refusal, it must be communicated in writing.

c) Film production entities wishing to directly export films are not required to go through the establishment registration procedure for a film export entity, but they must submit a written request to the Ministry of Culture and Information for permission. After obtaining permission from the Ministry of Culture and Information, they must complete supplementary business registration procedures for film exports at the provincial Department of Planning and Investment where their main office is located (Article 16 of Decree 48/CP).

Article 4. Compare with the film distribution entity.

1. Conditions:

State agencies, economic organizations, social organizations, or individuals wishing to establish a film distribution entity must meet the following conditions:

a) Possess capital and other necessary technical material conditions ensuring the operation of film distribution with a total value of no less than 1,000,000,000 (one billion) VND, confirmed by the competent financial authority.

a) Possess capital and other necessary material-technical conditions ensuring film export activities with a total value of not less than 1,000,000,000 VND (one billion), confirmed by a competent financial authority and approved by the Ministry of Trade;

c) Have personnel qualified to hold the positions of director, chief accountant, and person responsible for film distribution, with a minimum level of college education.

2. Procedures:

a) Central-level agencies wishing to establish a film distribution entity must submit all necessary documents to the Ministry of Culture and Information (Film Bureau).

Provincial-level agencies and individuals wishing to establish a film distribution entity locally must submit documents to the People's Committee of the province (Department of Culture and Information).

1. A registration form for issuing a journalist card filled out by the applicant according to the model; approved and stamped by the head of the applying agency (Model No. 1);

a) Agencies, organizations, or individuals wishing to establish a film export establishment must submit a dossier to the Ministry of Culture and Information (Film Bureau). The dossier includes:

- Documents proving capital, headquarters, warehouse, and staff of the entity.

- Curriculum vitae (with attached photos) of the director and chief accountant of the entity, accompanied by a document confirming their professional qualifications.

- A copy of the certificate or diploma of the person responsible for film distribution, certified by the competent authority.

b) Within thirty days from the date of receiving all necessary documents, the Ministry of Culture and Information or the People's Committee of the province shall issue a decision to establish a film distribution entity; in case of refusal, it must be communicated in writing; c) Film production entities wishing to directly distribute films are not required to go through the establishment registration procedure for a film distribution entity, but they must supplement business registration procedures for film distribution at the provincial Department of Planning and Investment where their main office is located (Article 16 of Decree 48/CP).

Article 5.For film screening entities.

1. Conditions:

For organizations or individuals wishing to establish a film screening entity with capital lower than the statutory capital to establish a company or private enterprise:

a) For fixed film screening entities.

- Must have a screening room meeting the standards set by the Ministry of Culture and Information.

- Must have a projector meeting the quality standards for image and sound as stipulated by the Ministry of Culture and Information.

- Must have personnel qualified to hold the positions of director, chief accountant, and projector operator, with professional qualifications (certified by a certificate or diploma).

b) For mobile film screening entities:

- Must have a projector meeting the technical quality standards for image and sound as stipulated by the Ministry of Culture and Information.

- Must have a projector operator with professional qualifications (certified by a certificate or diploma).

2. Procedures:

a) Organizations or individuals wishing to establish a film screening entity (fixed or mobile) for business purposes must submit an application to the local Department of Culture and Information. The application must clearly state:

- Name of the organization or individual applying for permission.

- Name, location, and type of film screening or video playback.

- Number of viewing rooms, area, and number of seats per room.

- Ensuring that the film screening or video playback venue is clean and beautiful.

- Commitment not to violate regulations on the circulation and business of films and video discs. Accompanying the application must be:

- A document confirming the right to use the premises and land (for fixed film screening entities).

- Curriculum vitae (with attached photos) of the director and chief accountant, accompanied by a document confirming their professional qualifications.

- A copy of the diploma or certificate of the projector operator, certified by the competent authority.

- A list of film screening equipment owned by the entity.

b) Within thirty days from the date of receiving all necessary documents, the Department of Culture and Information will review and issue a permit for operation, and in case of refusal, a written response must be provided. After obtaining the permit from the Department of Culture and Information,

- Information on issuing a permit for operation, the entity seeking to operate must complete business registration procedures at the District People's Committee according to current laws.

- Information on issuing a permit for operation, the entity seeking to operate must complete business registration procedures at the District People's Committee according to current laws.

3- For organizations or individuals wishing to engage in film screening business on a company or private enterprise scale, they must meet the necessary conditions and follow the establishment procedures as stipulated in Article 4 of this Circular.

4. Organizations or individuals engaged in film screening business as prescribed in Clause 1 of this Article may only operate after obtaining a permit from the Department of Culture and Information and completing the business registration procedures as required by law.

5. Vietnam Film Import-Export and Distribution Company (Fapim Vietnam) is directly managing some cinemas in localities through the following methods:

- Transfer by locality;

- Transfer by sale by locality;

- Joint venture with locality; cooperation contracts with foreign countries for repair, upgrade, exploitation, and use of cinemas; - Long-term lease;

- Bidding for exploitation and use of cinemas;

- Construction of new cinemas.

Article 6.Issuance of temporary film production permits (Article 9 of Decree 48/CP).

1/ To be eligible for the issuance of a temporary film production permit as prescribed in Article 9 of Decree 48/CP, state agencies, economic organizations, and social organizations as the principal authorities must submit all necessary documents to the Ministry of Culture and Information (Film Bureau). The documents include:

a) An application for a temporary film production permit signed and stamped by the head of the agency or organization.

b) The script of the film to be produced.

c) A list of key positions in the film production team, accompanied by certificates of practice.

d) A production plan and distribution plan for the film to be produced.

2. Upon receipt of all necessary documents, the Ministry of Culture and Information will review the script and issue a temporary permit for the production of the film.

The review period and response time shall not exceed thirty days from the date of receipt of all necessary documents.

Article 7. Film services and cooperation (Article 11 of Decree 48/CP).

Film bases wishing to cooperate in film production or provide film service with international organizations, foreign organizations, or individuals shall comply with the "Regulations on Cooperation and Provision of Film Services for Foreign Countries" issued together with Decision No. 1340/QĐ-ĐA dated September 29, 1992, by the Minister of Culture, Sports and Tourism (now the Ministry of Culture, Sports and Tourism).

III. REVIEW AND PERMIT FOR FILM AND AUDIOVISUAL DISC CIRCULATION

Article 8. Authority to review and permit film and audiovisual disc circulation.

1. The Cinema Department shall review and permit the circulation of feature films produced or imported by units nationwide, and various types of films and audiovisual discs produced by establishments under the Ministry of Culture, Sports and Tourism. Films and audiovisual discs specified in Clause 2 of this Article, which are ordered or subsidized by the Ministry of Culture, Sports and Tourism, shall be subject to such ordering or subsidizing.

2. Provincial Departments of Culture, Sports and Tourism shall review and permit the circulation of music, stage performances, cải lương opera, documentary-scientific materials, animated films for children, sports, karaoke, fashion, educational, and foreign language teaching films and audiovisual discs produced or imported by local establishments with legal personality or main offices located in the locality. They shall not accept reviews of films and audiovisual discs produced or imported by establishments in other provinces or cities.

3. The Minister of Culture, Sports and Tourism shall establish a Central Film Review Board, while the Chairperson of the People's Committee of provinces and centrally-administered cities shall establish provincial Film Review Boards to perform advisory functions in film review.

Based on the opinions of the Film Review Board, the Director of the Cinema Department or the Director of the Provincial Department of Culture, Sports and Tourism shall consider and decide whether to permit or not permit the circulation of submitted films and audiovisual discs, and bear responsibility for their decisions. Decisions permitting film circulation must clearly specify the target audience and scope of circulation within the country or abroad.

Article 9. Procedures for reviewing films and audiovisual discs.

1. Submitted films and audiovisual discs must be complete works in terms of content and technique, produced or legally imported by an establishment with legal personality.

Works produced in any material (film stock, audiovisual discs...) must be submitted in that form. Foreign-produced works without Vietnamese dubbing or narration must be accompanied by a Vietnamese translation of the dialogue, ensuring accuracy and bearing the name of the translator.

2. Establishments submitting films as stipulated in Clause 1 of Article 8 of this Circular must fill out a film and audiovisual disc review registration form (according to the model attached as Appendix No. 1) and send it to the Ministry of Culture, Sports and Tourism (Cinema Department).

Establishments submitting films as stipulated in Clause 2 of Article 8 of this Circular must fill out a film and audiovisual disc review registration form (according to the model attached as Appendix No. 1) and send it to the local Department of Culture, Sports and Tourism.

When submitting works for review, if they are imported films, a legal import confirmation document must be provided; if they are domestically produced films, a copy of the production permit and a report from the film production establishment evaluating the ideological content, artistic quality, and technical aspects must be included. This report must be confirmed by the head of the direct superior management agency of the film production establishment.

Audiovisual discs permitted for circulation must be labeled with a control label issued by the Cinema Department. Audiovisual discs labeled by the Cinema Department have nationwide circulation validity.

Article 10.Film deposit and storage (Article 13 of Decree 48/CP).

1. The submission of film deposits shall be carried out according to the following provisions:

a) State-ordered or subsidized films must submit one copy for deposit at the Cinema Department using the ordered or subsidized material type (submit one film stock copy for film stock ordered or subsidized, one audiovisual disc copy for audiovisual discs ordered or subsidized) upon receiving the circulation permit decision.

b) Film production establishments and film import establishments that submit works for review which are not state-ordered or subsidized must submit one copy of the authorized work upon receiving the circulation permit decision.

2. Regarding the submission of original material for storage:

a) Original materials include: picture prints, sound negatives, and accompanying documents such as: film scripts, promotional and advertising materials;

b) The submission of original material for storage of state-ordered or subsidized films must be completed within three months from the date the film is completed;

c) The storage of original material for non-state-ordered and non-subsidized films shall be carried out according to separate regulations of the Ministry of Culture, Sports and Tourism.

Article 11. - Exporting films (Article 14 of Decree 48/CP)

Film export establishments must comply with the following conditions:

1. Having been granted permission to engage in film export activities.

2. Only exporting films that have been permitted for overseas distribution by the Ministry of Culture, Sports and Tourism or the Provincial Department of Culture, Sports and Tourism.

3. Adhering to laws on exportation and copyright.

Article 12. Importing films (Article 15 of Decree 48/CP)

1. Fafim Vietnam shall handle the importation of feature films and various types of audiovisual discs from abroad for business purposes.

Forms of film importation by Fafim Vietnam for business purposes include:

- Purchasing outright rights.

- Acting as a sales agent.

- Business cooperation contracts.

- Joint ventures and associations.

2. Film establishments under provinces and centrally-administered cities may import films and audiovisual discs within the jurisdiction of the Provincial Department of Culture, Sports and Tourism as stipulated in Clause 2 of Article 8 of this Circular.

Article 13. Distributing films and audiovisual discs.

1. Film production establishments have the right to self-distribute, sell, or entrust film distribution establishments to distribute their products to film screening establishments and video networks.

2. The establishment of branches, agencies, and stores for distributing products owned by film production establishments and film distribution establishments, which have registered to conduct film distribution business, shall be carried out according to Articles 7 and 8 of the Regulations promulgated by Decree 87/CP dated December 12, 1995, and the "Film Distribution Regulations" issued by Decision No. 524/QĐ-ĐA dated April 9, 1994, of the Ministry of Culture, Sports and Tourism, along with accompanying guiding documents.

IV. STATE MANAGEMENT OF THE FILM INDUSTRY

Article 14. Conditions and procedures for issuing practice certificates for directors, cinematographers, illustrators, and sound recordists.

1. Conditions: Applicants for practice certificates for directors, cinematographers, illustrators, and sound recordists must meet one of the following conditions:

a) Graduation from a university in the relevant field;

b) Those without a degree in the relevant field must have completed at least one film work that has been screened on cinema circuits or television networks and recommended by the director of the film production unit;

c) Have served as deputy or assistant to the aforementioned positions in at least three films and be recommended by the director of the film production unit.

2. Procedures for issuing practice certificates:

Applicants for practice certificates must submit an application file to the Ministry of Culture and Information (Film Department). The file shall include:

a) An application for issuance of a practice certificate;

b) A certified copy of the curriculum vitae from the competent authority or local government;

c) A certified copy of the bachelor's degree in the relevant field from the competent authority.

For those who do not have a bachelor's degree, they must provide a confirmation and recommendation letter from the director of the film production unit as stipulated in points b and c of Clause 1 of this Article.

3. Within thirty days from the date of receipt of the application file, the Ministry of Culture and Information will review and issue the practice certificate to the applicant. Applications for practice certificates will be accepted starting January 1, 1997. As of January 1, 1998, individuals without a practice certificate will not be allowed to engage in the professions of directing, cinematography, illustration, and sound recording in film production units.

Article 15. Functions, tasks, and authorities of the Film Department.

The Film Department is the agency assisting the Minister of Culture and Information in organizing the implementation of state management functions in the film industry nationwide.

Based on Article 24 of Decree 48/CP, the Minister of Culture and Information assigns the Director of the Film Department the following responsibilities:

1. Organizing the Central Film Review Board to review films and video tapes. Issuing decisions based on the conclusions of the Central Film Review Board to permit or prohibit the circulation of films and video tapes submitted for review;

2. Distributing control labels to be affixed to video tapes permitted for circulation nationwide;

3. Examining applications for establishing film production units and film export units nationwide, and film production units at the central level, and submitting recommendations to the Ministry of Culture and Information for decisions to establish or agree to establish these units;

4. Issuing practice certificates for the positions specified in Article 12 of the Decree;

5. Issuing licenses for the operation of film duplication units nationwide.

Article 16. Functions, tasks, and authorities of the Department of Culture and Information.

The Department of Culture and Information is responsible before the People's Committee of the province or centrally-administered city for managing state activities in the film industry locally. The Department of Culture and Information has the following duties and powers:

1. Examining applications for establishing film distribution units and local cinemas, and submitting recommendations to the People's Committee of the province or centrally-administered city for decisions to establish these units;

2. Issuing permits to organizations producing films and video tapes for widespread distribution as prescribed in Clause 2 of Article 8 of this Circular;

3. Approving and permitting the circulation of domestic films and imported video tapes as prescribed in Clause 2 of Article 8 of this Circular;

4. Reviewing, planning, and issuing operating licenses for local video tape rental shops according to Article 8 of the Regulation on Circulation and Business of Films and Video Tapes issued together with Decree 87/CP dated December 12, 1995 of the Government;

5. Considering and issuing permits for local video tape rental shops operated by film production units and film distribution units according to approved plans.

Article 17. Division of responsibility for management between the Ministry of Culture and Information and provincial People's Committees.

1. The Chairman of the People's Committee of the province or centrally-administered city has the right:

a) To suspend operations of film distribution and screening units within their jurisdiction if they violate the law;

b) To temporarily suspend operations of central-level film production, import/export, distribution, and screening units located within their jurisdiction if they violate the law, and simultaneously report to the Minister of Culture and Information;

c) To confiscate, prohibit circulation, or destroy films circulating or being sold in their jurisdiction that violate Clause 3 of Article 2 of Decree 48/CP. Destroy films containing content promoting licentious lifestyles, criminal acts, social evils, superstitions, and destruction of cultural traditions and ecological environments.

2. The Minister of Culture and Information has the right to suspend operations, revoke establishment licenses, prohibit circulation, confiscate, seize, and destroy films violating the law produced by film production, import/export, distribution, and screening units nationwide.

Article 18.Inspection, supervision, and handling of violations.

1. Specialized film inspection organizations are part of the national inspection system under the Ministry of Culture and Information and the Departments of Culture and Information, established according to Decision No. 345/TTg dated May 27, 1996 of the Prime Minister.

The content of film inspections is carried out according to the provisions of Article 27 of Decree 48/CP.

2. Handling violations in film production, distribution, and import/export activities is implemented according to the Administrative Violation Handling Ordinance, guiding decrees of the Ordinance, and other current laws.

Chapter V. IMPLEMENTATION PROVISIONS

Article 19.Reorganizing film bases in provinces and centrally governed cities (Article 32 of Decree 48/CP).

Based on Decree 48/CP dated July 17, 1995 of the Government and the guidance provided in this Circular, the People's Committees of provinces and centrally governed cities shall reorganize local film companies. If they are enterprises, they shall be uniformly named Film Distribution and Cinema Companies of the province. In cases where economic efficiency is not achieved despite enjoying benefits for state-owned enterprises engaged in public services such as supplementary working capital, funding for cinema screenings in mountainous, remote, and rural areas with tax incentives, depreciation allowances, and loans, etc., they may be converted into revenue-generating public service units and uniformly named Film Distribution and Cinema Centers of the province. County-level film distribution and cinema companies (or centers) shall not be established. Film bases shall not be merged with other industries.

Article 20. EFFECTIVE DATE

This Circular takes effect from the date of issuance. Licenses for operating video rental shops issued by county-level cultural authorities prior to this Circular are no longer valid. All previous regulations and guidelines issued by the Ministry of Culture and Information that conflict with this Circular are hereby abolished.