Circular No. 64/TT-ĐA provides supplementary guidance for the implementation of Decree No. 48/CP dated July 17, 1995, and Decree No. 87/CP dated December 12, 1995, concerning the establishment of video stores and agencies and the management of video copyright.

CIRCULAR

Supplemental guidance on implementing Decree 48/CP dated July 17, 1995, and Decree 87/CP dated December 12, 1995, regarding the establishment of video shops and agencies and the management of video copyright

Pursuant to Article 7, Article 8 of the Regulation attached to Decree 87/CP dated December 12, 1995 of the Government on strengthening the management of cultural activities and cultural services, and promoting the eradication of serious social evils;
Pursuant to Article 16 of Decree 48/CP dated July 17, 1995 of the Government on the organization and operation of the film industry;
Pursuant to Decree 25/CP dated April 25, 1996 of the Government promulgating the Agency Purchase and Sale Regulation;
In order to better organize the network of shops selling and renting films and video discs of production and distribution units, bringing this activity into a regular pattern to meet the cultural needs of the people, the Ministry of Culture and Information provides supplemental guidance on the organization and operation of shops and agencies selling and renting films and video discs; the collection of copyright fees and the use of specific symbols for managing films and video discs distributed at localities.

Article 1. Some phrases in this Circular are abbreviated as follows:

- Shops selling and renting films and video discs hereinafter referred to as video shops; - Agencies selling and renting films and video discs hereinafter referred to as video agencies; - Films and video discs hereinafter referred to as videos.

Article 2. The establishment of video shops and agencies:

1. According to Article 16 of Decree 48/CP, Article 7, Article 8 of the Regulation attached to Decree 87/CP, production and distribution units of video discs have the right to establish video shops or contract with organizations and individuals who meet the prescribed conditions to establish video agencies;

2. Production and distribution units of video discs that establish video shops and agencies must apply for permission from the provincial Department of Culture and Information and bear legal responsibility for the activities of the shops and agencies;

3. A unit meeting the conditions may act as a video agency for multiple entities but must obtain prior consent from the entity establishing the agency or mutual agreement in writing among the parties;

Multiple entities contracting with a single unit to establish a video agency must each apply for permission from the provincial Department of Culture and Information;

4. Video agencies operate according to the "Agency Purchase and Sale Regulation" issued together with Decree 25/CP dated April 25, 1996 of the Government and are subject to supervision by state management agencies. The entity establishing the agency has the right to inspect and supervise the operations of the agencies according to the contract, if the agency violates the contract, it must compensate for damages as stipulated in the contract;

5. To ensure the proper organization of the operations of video agencies, the responsibilities of the parties in concluding contracts to establish video agencies are as follows:

a) For production and distribution units of video discs (Party A):

- Apply to the provincial Department of Culture and Information for permission to establish a video agency at the location agreed upon in the contract with the party accepting the agency role;
- Provide 100% of finished video discs for sale and rental. Discs provided must be permitted for circulation, labeled by the Cinema Department, marked with Party A's unique symbol, and meet technical quality standards; if Party A cannot meet Party B's demand for video discs, Party B may exploit other legal sources of discs but must obtain Party A's consent (Party A will mark these discs with its unique symbol):
- Provide relevant legal documents and regulations related to the sale and rental of video discs;
- Organize monitoring, management, and inspection of the operations of video agencies according to the contract and bear legal responsibility for the sale and rental activities of the agencies under the contract;

b) For individuals and organizations acting as video agencies (Party B):

- Deposit money or assets with Party A according to the level agreed upon in the contract (the amount of money or assets deposited will be returned to Party B after the agency contract ends);
- Organize locations and necessary means for operating video disc sales according to regulations;
- Receive finished video discs provided by Party A; organize the sale and rental of video discs; record books and vouchers as agreed upon in the contract;
- Accept supervision from Party A, implement reporting systems to Party A on the operational status of the agency; - Accept supervision from competent state authorities;
- Bear responsibility before Party A and the law if they violate the agency contract or contravene the law;
- Apart from the above responsibilities, both parties must agree on binding terms to ensure lawful and regulated business operations, ensuring revenue and economic interest balance between the two parties;

6. Provincial Departments of Culture and Information when granting permission to establish video shops and agencies must ensure:

- Located within a reasonable plan consistent with the needs of the people and the management capacity of the locality; - Only open a sufficient number of shops to ensure economic efficiency for both parties (A and B);

7. Production and distribution units of video discs shall not collect monthly fees from video agencies under the guise of management fees, issuance fees... contrary to legal provisions. Management and issuance costs for video discs are included in the printing and reproduction cost.

Article 3. The collection of copyright fees and the use of specific symbols for managing video discs distributed at localities are guided as follows:

1. According to the provisions of Decree 87/CP and accompanying Circulars and guiding documents, "video discs permitted for circulation and labeled by the Cinema Department have value for circulation throughout the country." However, "value for circulation throughout the country" here means non-commercial use.

- When production and distribution bases for video tapes have purchased copyrights along with labels to print copies for distribution within their territorial areas, the business of selling such video tapes in that locality shall be entirely exclusive to those units. No other organization or individual may engage in the sale of such video tapes in the locality where they have purchased copyrights. Production or import bases holding original copyright for such video tapes shall not be permitted to sell the video tapes in the locality where they have purchased copyrights, unless there is a different agreement between both parties when purchasing and selling copyrights. Coffee shops, refreshment establishments, restaurants are allowed to screen video tapes to serve customers, but only those video tapes which have been purchased with copyrights by local video tape distribution bases.

2. Production and distribution bases that have purchased copyrights for video tapes to distribute within their areas are entitled to use specific symbols to print on video tapes during duplication and mark these specific symbols in the blank space on the right side of the control label issued by the Cinema Department. Video tape stores and distributors are only permitted to sell and rent video tapes received from production and distribution bases that have affixed labels issued by the Cinema Department and bear the specific marks of those units. Selling video tapes at public screening venues such as coffee shops, restaurants, eateries... without affixing labels violates the provisions of Decree 87/CP and will be handled according to the provisions of Decree 88/CP. Even selling labeled video tapes without the specific marks of the Provincial Film Company constitutes a violation of copyright within the territorial area and a breach of the signed contract. The Provincial Film Company has the right to inspect, prepare records, and impose penalties for breaches of contract according to the law.

Article 4. This Circular takes effect fifteen days after the date of signature; all previous regulations contrary to this Circular are hereby abolished.

Article 5. The Director of the Cinema Department, the Head of the Legal Affairs Department, the Departments of Culture and Information, and related units are responsible for implementing this Circular.