Law on Cinema No. 62/2006/QH11

LAW

AND TECHNICAL STAFF

 

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992 as amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the 10th National Assembly, tenth session;

 

This Law regulates cinematography.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Law regulates the organization and activities of cinematography; rights and obligations of organizations and individuals participating in cinematographic activities.

Article 2. Applicability

This Law applies to organizations and individuals participating in cinematographic activities, and organizations and individuals related to cinematographic activities in Vietnam.

Article 3. Application of the Cinematography Law

1. Cinematographic activities and management of cinematographic activities must comply with the provisions of this Law and other relevant laws.

2. In cases where international treaties to which the Socialist Republic of Vietnam is a member have different provisions from those of this Law, the provisions of such international treaties shall apply.

Article 4. Definitions

In this Law, the following terms shall be understood as follows:

1. Cinematography is a comprehensive form of art expressed through moving images combined with sound, recorded on film stock, magnetic tape, optical disc, and other recording materials to be disseminated to the public through technical means.

2. Cinematographic workis an artistic product expressed through moving images combined with sound and other means according to the principles of cinematic language.

3. Film includes cinematographic works such as feature films, documentary films, scientific films, and animated films.

Film on celluloid is a film produced using cinematic technical means, recorded on celluloid material for projection onto a screen via a film projector.

Video film is a film produced using video technical means, recorded on magnetic tape, optical disc, and other recording materials for playback through video equipment.

Television film is a video film intended for broadcast on television.

Film reel, film disc is a product of video film or printed from celluloid film.

4. Literary screenplay is a creative product of the scriptwriter in the form of a text that expresses the entire development of the film story.

5. Scene breakdown is a creative product of the director in the form of a text that expresses technical expertise and methods for filming scenes of the film based on the literary screenplay.

6. Cinematographic activity includes film production, distribution, and dissemination.

7. Film production is the process of creating a cinematographic work from the literary screenplay to the completion of the film.

8. or Provincial Cinematography Centers Distribution of film

9. is the circulation of film through sales, rental, export, and import. Film dissemination

10. is the act of bringing films to the public through screenings, broadcasting on television, uploading to the Internet, and other audiovisual means. Cinematographic facility

11. is a facility established by organizations or individuals operating in the field of film production, distribution, and dissemination in accordance with this Law and other relevant laws. Film production service facility

12. is a cinematographic facility providing means, equipment, technical devices, settings, and manpower for film production. Film owner

Article 5. is an organization or individual who finances film production, purchases film ownership rights; receives, gifts, or inherits film ownership rights and other forms as prescribed by law.

State policy on the development of cinematography

1. Investment in building a modern, distinctive national Vietnamese cinema, modernizing the film industry, improving film quality, expanding the scale of film production and dissemination, meeting the increasingly high spiritual needs of the people, contributing to economic and social development, and expanding cultural exchanges with other countries.

2. Encouraging all organizations and individuals to participate in cinematographic activities in accordance with the law; ensuring that cinematographic facilities operate equally, enjoying preferential policies regarding credit, tax, and land.

3. Targeted investment through programs aimed at developing cinematography to promote artistic creativity; intensifying scientific research and the application of advanced technology in cinematographic activities; training and enhancing professional and managerial personnel in cinematography; improving technical infrastructure for film production and dissemination.

4. Funding the production of feature films about children's topics, historical traditions, ethnic minorities; documentary films, scientific films, and animated films.

5. Funding the dissemination of films serving mountainous areas, islands, remote regions, rural areas, children, armed forces, serving political and social tasks, diplomacy; organizing and participating in national and international film festivals.

The Government shall specify the implementation of the policies stipulated in this Article.

Article 6. Development Support Fund for Cinematography

1. The Development Support Fund for Cinematography is established for the following activities:

a) Awarding prizes to films of high ideological and artistic value;

b) Supporting the production of experimental artistic films and first-time films selected for production;

c) Supporting other activities to develop cinematography.

2. The Development Support Fund for Cinematography consists of support from the state budget, domestic organizations and individuals, and foreign organizations and individuals.

The Government shall specify the establishment and operation of the Development Support Fund for Cinematography.

Article 7. Protection of copyright and related rights, ownership of works

The State protects copyright and related rights, and ownership of cinematographic works according to the Civil Code and the Intellectual Property Law.

Article 8. Content of state administration in cinematography

1. Developing and implementing policies, strategies, planning, and plans for the development of the cinematographic industry; issuing regulatory legal documents on cinematographic activities.

2. Managing scientific research and technological application in cinematographic activities; training and enhancing professional and managerial personnel in cinematography.

3. Managing international cooperation in cinematographic activities.

4. Issuing and revoking permits in cinematographic activities.

5. Implementing commendation activities in cinematographic activities; selecting and awarding prizes to individuals and cinematographic works.

6. Inspecting, supervising, handling complaints, accusations, and enforcing violations of law in cinematographic activities.

Article 9. State administrative body for cinematography

1. The Government shall uniformly manage the State administration over cinema throughout the country.

2. The Ministry of Culture, Sports and Tourism shall be responsible for assisting the Government in uniformly managing the State administration over cinema.

3. Ministries and ministerial-level agencies shall coordinate with the Ministry of Culture, Sports and Tourism to manage the State administration over cinema within their respective authorities.

4. Provincial People's Committees (hereinafter referred to as provincial People's Committees) shall implement the State administration over cinema at the local level within the scope of their tasks and powers.

Article 10. Complaints and accusations in cinema activities

Matters concerning complaints and accusations, and the resolution of such complaints and accusations in cinema activities shall be carried out in accordance with the provisions of the laws on complaints and accusations.

Article 11. Prohibited acts in cinema activities

1. Propaganda against the Socialist Republic of Vietnam; undermining the solidarity of the entire people.

2. Propaganda and incitement of aggressive war, causing hatred among ethnic groups and peoples of different countries; inciting violence; spreading reactionary thoughts, decadent lifestyles, criminal behaviors, social evils, superstitious beliefs, and destruction of traditional customs and morals.

3. Disclosing secrets of the Party and State; military, security, economic, and foreign affairs secrets; personal privacy secrets and other secrets as prescribed by law.

4. Distorting historical facts; denying revolutionary achievements; insulting nationalities, great men, and national heroes; slandering and defaming the reputation of organizations, the honor and dignity of individuals.

Chapter II

CINEMA ENTERPRISES

Article 12. is the act of bringing films to the public through screenings, broadcasting on television, uploading to the Internet, and other audiovisual means.

1. Cinema enterprises include:

a) Film production enterprises;

b) Film service production enterprises;

c) Film printing and duplication enterprises;

d) Film sale and rental enterprises;

đ) Film export and import enterprises;

e) Film screening enterprises;

g) Other cinema enterprises as prescribed by law.

2. Types of activities of cinema enterprises include film business enterprises and public service film units.

Film business enterprises operate in accordance with this Law, the Enterprise Law, and other relevant laws.

Public service film units are organized and operated in accordance with this Law and the regulations of the Government.

Article 13. Establishment and management of film business enterprises

1. Vietnamese organizations and individuals residing in Vietnam have the right to establish and manage film production enterprises, film distribution enterprises, and film dissemination enterprises in Vietnam in accordance with this Law and the Enterprise Law.

2. Foreign organizations and individuals, and overseas Vietnamese have the right to establish and manage film distribution enterprises and film dissemination enterprises in Vietnam in accordance with this Law and the Enterprise Law.

Article 14. Conditions for establishing film business enterprises

1. The establishment conditions for film business enterprises shall be implemented in accordance with the Enterprise Law.

2. For film production enterprises, in addition to meeting the establishment conditions stipulated in the Enterprise Law, they must also obtain a Business Operation Eligibility Certificate issued by the Ministry of Culture, Sports and Tourism.

Conditions for obtaining a Business Operation Eligibility Certificate include:

a) Having the statutory capital as prescribed by the Government;

b) The General Director or Managing Director being a Vietnamese citizen residing in Vietnam.

3. The application dossier for obtaining a Business Operation Eligibility Certificate for film production enterprises includes:

a) Application form for certificate issuance;

b) Official confirmation of statutory capital from the competent authority;

c) A copy of the residence certification in Vietnam of the person proposed to be the General Director or Managing Director of the film production enterprise.

Within thirty days from the date of receiving a complete and valid dossier, the Ministry of Culture, Sports and Tourism shall be responsible for issuing the certificate; if the certificate is not issued, a written explanation of the reasons must be provided.

Article 15. Standards and conditions for serving as General Director or Managing Director of a film business enterprise

1. Meeting the standards and conditions as prescribed by the Enterprise Law.

2. Possessing professional expertise and practical experience in cinema activities.

3. For the General Director or Managing Director of a film production enterprise, in addition to the standards set forth in Clause 1 and Clause 2 of this Article, they must also meet the conditions stipulated in Point b, Clause 2 of Article 14 of this Law.

Article 16. Registration for establishing a film business enterprise

1. Organizations and individuals establishing a film business enterprise must fully comply with the establishment procedures as prescribed by the Enterprise Law and this Law.

2. Within seven working days from the date of issuance of the business registration certificate, the business registration agency must send a copy of the business registration certificate to the competent state management agency for cinema.

3. When changing the name, headquarters address, branch, representative office (if any), business objectives, industry, and trade, investment capital of the enterprise owner, or changing the legal representative of the enterprise, the General Director or Managing Director of the film business enterprise must notify the competent state management agency for cinema within seven working days from the date of registration with the business registration agency.

Article 17. Suspension of business operations, division, separation, merger, conversion, dissolution, bankruptcy of film business enterprises

1. The suspension of business operations, division, separation, merger, conversion, dissolution of film business enterprises shall be carried out in accordance with the Enterprise Law; the bankruptcy of film business enterprises shall be carried out in accordance with the Bankruptcy Law.

2. The business registration agency, during the process of handling matters within its jurisdiction regarding the suspension of business operations, division, separation, merger, conversion, dissolution, and bankruptcy of film business enterprises, must cooperate with the competent state management agency for cinema to resolve related matters and report the results of its handling to the competent state management agency for cinema within seven working days from the date of decision.

Chapter III

FILM PRODUCTION

Article 18. Rights and obligations of film production enterprises

1. Conduct business in accordance with the registered content.

2. Cooperate and joint venture with domestic organizations and individuals, and foreign organizations and individuals to produce films; cooperation and joint ventures with foreign organizations and individuals to produce films must be carried out in accordance with the contents of the permit issued by the Ministry of Culture and Information.

3. Provide film production services to domestic organizations and individuals, and foreign organizations and individuals; providing film production services to foreign organizations and individuals must be carried out in accordance with the contents of the permit issued by the Ministry of Culture and Information.

4. Submit copies for storage and archive films.

Article 19. Rights and responsibilities of the General Director or Managing Director of a film production enterprise

1. Organize business operations in accordance with the registered content.

2. Develop and implement annual film production plans.

3. Manage organizational structure, personnel, and technical facilities of the film production enterprise.

4. Select literary scripts.

5. Sign contracts with organizations and individuals ordering film production, screenwriters, directors, and other members of the film crew.

6. Apply for a permit before disseminating films.

7. Bear legal responsibility for the content of films.

8. Implement provisions on copyright and related rights.

9. Fulfill other rights and responsibilities as prescribed by law.

Article 20. Rights and responsibilities of screenwriters, directors, and other members of the film crew

1. The rights and responsibilities of screenwriters, directors, and other members of the film crew shall be carried out according to the content of the contract with the General Director or Managing Director of the film production enterprise.

2. Contracts between screenwriters, directors, and other members of the film crew and the General Director or Managing Director of the film production enterprise shall be concluded and implemented based on mutual agreement and not contrary to the provisions of the law.

Article 21. Rights and obligations of film production service enterprises

1. Conduct business in accordance with the registered content.

2. Cooperate and joint venture with domestic organizations and individuals, and foreign organizations and individuals to provide film production services.

3. Provide film production services to domestic organizations and individuals, and foreign organizations and individuals in accordance with contracts; providing film production services to foreign organizations and individuals must be carried out in accordance with the contents of the permit issued by the Ministry of Culture and Information.

Article 22. Rights and responsibilities of the General Director or Managing Director of a film production service enterprise

1. Organize business operations in accordance with the registered content.

2. Develop and implement annual plans.

3. Manage organizational structure, personnel, and technical facilities of the film production service enterprise.

4. Fulfill other rights and responsibilities as prescribed by law.

Article 23. Issuing permits for cooperation and joint ventures in film production and provision of film production services to foreign organizations and individuals

1. Cooperation and joint ventures to produce films with foreign organizations and individuals, and provision of film production services to foreign organizations and individuals must be granted a permit by the Ministry of Culture and Information.

2. The application dossier for a permit from film production enterprises and film production service enterprises includes:

a) An application form for the permit;

b) Literary scripts in Vietnamese and foreign languages.

3. Within thirty days from the date of receiving complete and valid documents, the Ministry of Culture and Information shall issue the permit; in case of refusal to issue the permit, a written statement explaining the reasons must be provided.

Article 24. Ordered Film Production

1. Organizations and individuals ordering film production are the project investors for film production projects.

2. Project investors ordering film production based on their own literary scripts must jointly bear responsibility with the General Director or Managing Director of the film production enterprise for the content of the film.

3. For ordered films using state budget funds, project investors must select literary scripts based on the opinions of the script evaluation council and choose film production enterprises in accordance with the provisions of the Law on Bidding. The script evaluation council established by the project investor has the responsibility to evaluate literary scripts to advise the investor.

4. Project investors have the responsibility to provide financial resources and fulfill other terms of the contract with the film production enterprise.

5. The General Director or Managing Director of the film production enterprise must comply with the contract with the project investor and bear legal responsibility for the content of the film.

Article 25. Television Film Production

The production of television films by Vietnam Television, provincial radio and television stations (hereinafter referred to as provincial radio and television stations) shall be decided by the General Director of Vietnam Television and the Director of provincial radio and television stations to invest and organize the production of films for broadcasting on their own television stations, in compliance with the provisions of the law.

Chapter IV

FILM DISTRIBUTION

Article 26. Rights and obligations of film distribution enterprises

1. Conduct business in accordance with the registered content.

2. Exchange films, cooperate and joint venture with domestic organizations and individuals, and foreign organizations and individuals to distribute films.

Article 27. Rights and responsibilities of the General Director or Managing Director of a film distribution enterprise

1. Organize business operations in accordance with the registered content.

2. Manage organizational structure, personnel, and technical facilities of the film distribution enterprise.

3. Fulfill other rights and responsibilities as prescribed by law.

Article 28. Sale and rental of films

1. Organizations and individuals may sell, rent film reels, tapes, discs, open agencies, shops to sell and rent tapes, discs in accordance with the Enterprise Law and this Law.

2. They may only sell and rent film reels, tapes, discs that have been granted a dissemination permit by the competent state management agency for cinema or have been approved for broadcast by the General Director of Vietnam Television, the Director of provincial radio and television stations; tapes and discs must be labeled with the control label of the Ministry of Culture and Information.

Article 29. Film duplication and reproduction

1. Organizations and individuals may engage in the business of duplicating and reproducing film reels, tapes, discs in accordance with the Enterprise Law and this Law.

2. They may only duplicate and reproduce film reels, tapes, discs that have been granted a dissemination permit by the competent state management agency for cinema or have been approved for broadcast by the General Director of Vietnam Television, the Director of provincial radio and television stations. Duplicating and reproducing film reels, tapes, discs must be done under a written contract with the film owner.

Article 30. Exporting and importing films

1. Organizations implementing film export and import activities must comply with the following regulations:

a) Exported films must have a distribution permit from the competent state management agency for cinema.

Films exported by Vietnam Television must have a broadcasting decision from the General Director of Vietnam Television; films exported by provincial radio and television stations must have a distribution permit from the competent state management agency for cinema.

Exported film reels and discs must be labeled with the control label of the Ministry of Culture and Information;

b) Imported films must have legitimate copyright and not violate the provisions of Article 11 of this Law.

2. Film distribution enterprises and other enterprises registered to engage in film export and import activities must have cinemas to participate in film distribution.

3. Film production enterprises may engage in film export and import activities, and the number of imported films each year shall not exceed twice the number of films produced by the enterprise.

4. Film screening enterprises may import films for distribution.

5. Vietnam Television and provincial radio and television stations may export films they produce and import films for broadcasting on television, and the number of imported episodes each year shall not exceed twice the number of episodes they produce.

6. Public institutions may import films for internal circulation to meet their work requirements; the head of the unit shall be responsible for the content, management, and use of imported films.

7. Scientific research agencies may import films to serve scientific research activities consistent with their functions and tasks; the head of the agency shall be responsible for the management and use of imported films.

Article 31. Households engaged in film duplication, sale, rental

1. Households engaged in film duplication, sale, rental using ten or more workers regularly must register to establish a business operating under the provisions of this Law and the Enterprise Law.

2. Small-scale households engaged in film duplication, sale, rental using fewer than ten workers regularly must register their business operations and operate in accordance with the provisions of this Law and government regulations.

Chapter V

DISTRIBUTION OF FILMS

Article 32. Rights and obligations of film screening establishments

1. Conduct business in accordance with the registered content.

2. Ensuring technical standards of the cinema according to the regulations of the Ministry of Culture and Information.

3. Cooperating and joint venturing with domestic organizations and individuals, foreign organizations and individuals to screen films.

Article 33. Rights and responsibilities of the Director or General Director of the film screening establishment

1. Organize business operations in accordance with the registered content.

2. Managing organizational structure, personnel, and physical and technical facilities of the film screening establishment.

3. Organizing film screenings with a distribution permit from the competent state management agency for cinema or a broadcasting decision from the General Director of Vietnam Television, the Director of provincial radio and television stations.

4. Ensuring the ratio of Vietnamese film screenings to foreign films, hours of Vietnamese film screenings, duration, and hours of film screenings for children as prescribed by the Government.

5. Ensuring security, order, and safety for audiences.

6. Implementing other rights and responsibilities as prescribed by law.

Article 34. Mobile film screenings

1. The State has policies to invest in film screening equipment, transportation means, and funding for the operation of mobile film screening teams established by provincial People's Committees, district People's Committees, town People's Committees, and city People's Committees under provinces (hereinafter referred to collectively as district-level People's Committees), and military units to serve film screenings in rural areas, mountainous regions, islands, remote areas, ethnic minority regions, and military forces.

2. The state budget guarantees 100% of the costs of film screenings in mountainous regions, islands, remote areas, ethnic minority regions, and military forces; it guarantees between 50% and 80% of the costs of film screenings in rural areas for mobile film screening teams.

3. Private film screening establishments providing mobile film screenings in rural areas, mountainous regions, islands, remote areas, and ethnic minority regions at the request of provincial People's Committees and district-level People's Committees shall be reimbursed for screening costs like state-owned film screening establishments.

Article 35. Broadcasting films on television systems

Broadcasting films on television systems must comply with the following regulations:

1. Films must have a distribution permit from the competent state management agency for cinema or a broadcasting decision from the General Director of Vietnam Television, the Director of provincial radio and television stations;

2. Ensuring the ratio of broadcast time for Vietnamese films to foreign films, hours of broadcast for Vietnamese films, duration, and hours of broadcast for children as prescribed by the Government.

Article 36. Distribution of films on the Internet, exploitation of films from satellites

Distributing films on the Internet and exploiting films from satellites for distribution must be carried out in accordance with the provisions of this Law and other relevant laws.

Article 37. Distribution Permit for Films

1. Vietnamese films produced by film production establishments and imported films can only be released and distributed after obtaining a distribution permit for films from the competent state management agency for cinema.

2. The application dossier for a distribution permit for films includes:

a) An application form for the permit;

b) Certificate of film copyright.

Within fifteen days from the date of receiving a complete and valid application dossier and the film for review, the competent state management agency for cinema shall issue the permit; if the permit is not issued, a written explanation of the reasons must be provided.

3. Films produced and imported by Vietnam Television and provincial radio and television stations that have broadcasting decisions from Vietnam Television and provincial radio and television stations can be distributed nationwide.

Article 38. Authority to Issue Distribution Permits for Films

1. The authority to issue distribution permits for films is as follows:

a) The Ministry of Culture and Information issues distribution permits for films for centrally-administered film establishments, local film establishments, and private film establishments throughout the country, except where provincial People's Committees are authorized by the Government to issue distribution permits for films.

b) The Government shall base its decision to delegate authority to the People's Committee of the province or centrally governed city to issue film distribution permits for films produced and imported by film establishments under their management, private film establishments within their territory, and exported films produced by provincial radio and television stations that have been approved for broadcast by the provincial radio and television station director, based on the number of films produced and imported by such establishments.

c) The General Director of Vietnam Television and the Director of provincial radio and television stations have the autonomy and responsibility to decide on broadcasting films they produce or import on their own television stations.

2. The Ministry of Culture and Information has the authority to revoke film distribution permits and decisions on broadcasting television series; to temporarily suspend or terminate the distribution of films that violate the provisions of Article 11 of this Law.

3. The issuance of film distribution permits and decisions on broadcasting films on television shall be carried out based on the opinions of the film review board.

Article 39. Film Review Board

1. The authority to establish the film review board is defined as follows:

a) The central film review board shall be established by the Minister of Culture and Information.

b) The provincial film review board shall be established by the Chairman of the Provincial People's Committee.

c) The Vietnam Television film review board shall be established by the General Director of Vietnam Television, and the provincial radio and television film review board shall be established by the Director of the provincial radio and television station.

2. The film review board is responsible for reviewing films to advise the head of the agency establishing the film review board on the distribution of films and the classification of films for distribution according to age groups.

3. The film review board shall consist of at least five members, including representatives from the agency establishing the film review board, directors, screenwriters, and other members.

Article 40. Film Advertising

1. Film advertising includes advertising about films and advertising within films.

2. Advertising about films is regulated as follows:

a) Film production enterprises, Vietnam Television, and provincial radio and television stations may introduce information related to the film during the preparation and production process.

b) Film production enterprises, Vietnam Television, and provincial radio and television stations are not allowed to show the entire content of the film for advertising purposes before obtaining a film distribution permit from the competent state agency in charge of cinema or a broadcast decision from the General Director of Vietnam Television or the Director of the provincial radio and television station.

3. Advertising within films shall be conducted in accordance with the laws on advertising.

Article 41. Organization and Participation in Film Festivals and Film Markets

1. The organization of national film festivals, specialized and thematic film festivals, and international film festivals in Vietnam is regulated as follows:

a) The Ministry of Culture and Information is responsible for organizing national film festivals regularly and international film festivals in Vietnam.

b) Ministries, ministerial-level agencies, government agencies, provincial People's Committees, and the Cinema Association may organize specialized and thematic film festivals and must obtain approval from the Ministry of Culture and Information.

c) Film production establishments have the right to participate in film festivals.

d) Films participating in film festivals must have a film distribution permit from the competent state agency in charge of cinema or a broadcast decision from the General Director of Vietnam Television or the Director of the provincial radio and television station.

đ) Vietnamese organizations and individuals, as well as foreign organizations and individuals, are only permitted to screen foreign films in Vietnam after obtaining approval from the Ministry of Culture and Information.

2. Participation in international film festivals and markets and the organization of Vietnamese film days abroad is regulated as follows:

a) Film production, distribution, and exhibition establishments, Vietnam Television, and provincial radio and television stations have the right to participate in international film festivals and markets and to organize Vietnamese film days abroad.

b) Films participating in international film festivals and markets and Vietnamese film days abroad must have a film distribution permit from the competent state agency in charge of cinema or a broadcast decision from the General Director of Vietnam Television or the Director of the provincial radio and television station.

c) The organization of Vietnamese film days abroad must be approved by the Ministry of Culture and Information.

3. Applications for organizing specialized and thematic film festivals, organizing the screening of foreign films in Vietnam, and organizing Vietnamese film days abroad must include the purpose, scope, time, location, list of films, and participants.

Within fifteen days from the date of receipt of the application, the Ministry of Culture and Information shall provide a written response regarding approval, and if not approved, the reasons must be clearly stated.

Article 42. Organization of Television Film Festivals

1. Vietnam Television has the right to organize national and international television film festivals in Vietnam.

2. Provincial radio and television stations have the right to organize television film festivals and must obtain approval from the Ministry of Culture and Information. The procedures for obtaining approval are stipulated in Clause 3 of Article 41 of this Law.

3. Films participating in television film festivals must have a broadcast decision from the General Director of Vietnam Television or the Director of the provincial radio and television station.

Article 43. Representative Office of Foreign Film Establishments in Vietnam

1. The establishment of representative offices of foreign film establishments in Vietnam shall be carried out in accordance with Vietnamese law and must be approved by the Ministry of Culture and Information.

2. The application dossier for establishing a representative office of a foreign film establishment in Vietnam shall include:

a) A request to establish a representative office stating the purpose, tasks, scope of activities, headquarters, representative office director, and commitment to comply with Vietnamese laws.

b) A document confirming the legal status of the foreign film establishment issued by the competent authority of the foreign country.

3. Within thirty days from the date of receiving complete and valid documents, the Ministry of Culture and Information shall issue the permit; in case of refusal to issue the permit, a written statement explaining the reasons must be provided.

4. The representative office of foreign film establishments in Vietnam shall introduce their film activities according to Vietnamese laws.

Article 44. Representative offices of Vietnamese film establishments abroad

1. Establishing representative offices of Vietnamese film establishments abroad must be approved by the Ministry of Culture and Information.

2. The application dossier for establishing representative offices of Vietnamese film establishments abroad includes:

a) A request letter stating the purpose, tasks, scope of operation, headquarters, director of the representative office, and commitment to comply with Vietnamese laws and laws of the host country;

b) An approval document from the competent authority of the host country for setting up the representative office.

3. Within thirty days from the date of receiving complete and valid dossiers, the Ministry of Culture and Information shall respond in writing regarding approval, providing reasons if not approving.

Chapter VI

FILM ARCHIVING AND STORAGE

Article 45. Film Archiving

1. Film production establishments and film import establishments must submit one copy of the film for archiving at the agency issuing the film distribution permit.

2. Films produced on any material must be submitted for archiving on the same material.

3. For imported celluloid films, film import establishments must submit for archiving copies on film reels and discs printed from the screening version of the film.

4. Within twelve months from the date the film receives its distribution permit, the agency responsible for archiving as stipulated in Clause 1 of this Article shall submit the archived film copy to the film storage establishment.

Article 46. Film Storage

1. Within six months from the date the film receives its distribution permit, film production and sponsorship establishments using state budget funds must submit the original materials including the original footage, soundtracks, scripts, and accompanying documents to the film storage establishment.

2. Film storage establishments under the Ministry of Culture and Information have the responsibility to store films of film establishments under the Ministry of Culture and Information and films of other ministries, sectors, and localities that have been granted distribution permits within the film screening network.

3. Film storage establishments under ministries and sectors store internal circulation films; research institutions store films of their own agencies.

4. Film storage establishments under the Vietnam Television and provincial radio-television stations store their own films.

Article 47. Rights and Obligations of Film Storage Establishments

1. Ensuring the safety of films and original materials and preserving them according to technical standards.

2. Organizing the exploitation of stored films, providing copies, and printing excerpts for film production establishments with stored films according to the law.

3. Cooperating with domestic organizations and individuals, and foreign organizations and individuals in activities related to film preservation, storage, restoration, and exploitation.

4. Purchasing valuable domestic and international film works to serve research, teaching, and learning activities.

5. In addition to performing the rights and obligations specified in Clauses 1, 2, 3, and 4 of this Article, film storage establishments managed by the Ministry of Culture and Information may provide film storage services to film establishments; sell, lease, and distribute stored films with distribution permits according to agreements with the film owners; make copies and reproductions for selling, leasing, and distributing archived films upon approval by the competent authority overseeing the film industry.

Management and utilization of revenue shall be carried out in accordance with regulations of the Ministry of Culture and Information and the Ministry of Finance.

Chapter VII

INSPECTION AND VIOLATION HANDLING

Article 48. Film Inspection

1. Film inspection under the Ministry of Culture and Information's inspection shall carry out specialized film industry inspections.

2. Film inspection has the following tasks:

a) Inspect the implementation of laws and policies on film;

b) Detect, prevent, and handle according to their authority, or recommend competent state agencies to handle violations of film-related laws;

c) Verify and recommend competent state agencies to resolve complaints and denunciations related to film.

3. The organization and operation of film inspection shall be carried out in accordance with this Law and the law on inspection.

Article 49. Violations in film production and provision of film production services

1. Violating the provisions of Article 11 of this Law.

2. Producing films or providing film production services without a business license or conducting business activities not in accordance with the contents recorded in the business registration certificate.

3. Cooperating or joint ventures with foreign organizations or individuals for film production or provision of film production services without permission from the Ministry of Culture and Information or failing to comply with the contents stipulated in the permit.

4. Violating regulations on the conclusion and implementation of contracts between the General Director or General Manager of film production enterprises and investors or with screenwriters, directors, and other members of the film crew.

5. Not submitting films for review to obtain a distribution permit before releasing them.

6. Not establishing a literary script evaluation committee; not organizing bidding for commissioned film productions using state budget funds as prescribed in Clause 3 of Article 24 of this Law.

Article 50. Violations in film distribution

1. Distributing films without a distribution permit from the competent state agency in charge of cinema or without a broadcasting decision from the General Director of Vietnam Television or the Provincial Radio and Television Station Director.

2. Distributing films after a decision to prohibit distribution, temporary suspension, termination, recall, confiscation, or destruction.

3. Distributing film tapes or discs without the control label of the Ministry of Culture and Information.

4. Copying or reproducing films for distribution without a contract or not in accordance with the contract with the film owner.

5. Exporting films without a distribution permit from the competent state agency in charge of cinema or without a broadcasting decision from the General Director of Vietnam Television.

6. Exporting film tapes or discs without the control label of the Ministry of Culture and Information.

7. Importing films not in compliance with the provisions of Clauses 2, 3, and 5 of Article 30 of this Law.

8. Renting or selling internal circulation films.

9. Managing and using imported films for scientific research purposes improperly, showing films to unauthorized audiences.

Article 51. Violations in film distribution

1. Screening or broadcasting films without a distribution permit from the competent state agency in charge of cinema or without a broadcasting decision from the General Director of Vietnam Television or the Provincial Radio and Television Station Director.

2. Screening or broadcasting films that have been decided to prohibit distribution, temporary suspension, termination, recall, confiscation, or destruction.

3. Cinemas not meeting the standards set by the Ministry of Culture and Information.

4. Allowing children to enter cinemas to watch prohibited films.

5. Not complying with the Government's regulations on the number of screenings, duration, and time of screening Vietnamese films; duration and time of screening films for children.

Article 52. Violations in film archiving and storage

1. Film production facilities and film import facilities fail to submit for archiving or submit insufficient quantities or incorrect types of films.

2. Film production facilities fail to submit original materials of sponsored or commissioned films using state budget funds to film storage facilities within six months from the date the film is granted a public distribution permit by the competent state management agency for cinema, or submit insufficient quantities or incorrect types.

3. Archiving organizations fail to submit archival copies to storage facilities within twelve months from the date the film is granted a public distribution permit by the competent state management agency for cinema.

4. Film storage facilities fail to provide copies or extracts of film materials to film production facilities as prescribed by law.

5. Film storage facilities fail to ensure film safety and original materials, and fail to store according to technical standards for preservation.

6. Film storage facilities sell or rent films without the consent of the film owner; without a permit from the competent state management agency for cinema or without a broadcast decision from the General Director of Vietnam Television or the Provincial Radio and Television Station Director.

7. Film storage facilities managed by the Ministry of Culture and Information duplicate and sell, rent, or distribute archived films without approval from the competent state management agency for cinema; manage and use revenue not in accordance with regulations of the Ministry of Culture and Information and the Ministry of Finance.

Article 53. Handling violations of the Law on Cinema

Organizations and individuals who violate the law in cinema activities shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the provisions of the law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 54. Effectiveness

This Law takes effect from January 1, 2007.

Article 55. Implementation Guidance

The Government shall provide detailed regulations and guidance on implementing Articles 5, 6, 11, 12, 14, 24, 30, 31, 33, 34, 35, 38, 41, and 53 of this Law.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the eleventh session, ninth meeting, on June 29, 2006./.