Chương V Luật Điện ảnh 2006: Phổ biến phim

Chapter V

FILM DISSEMINATION

Article 32.- Rights and responsibilities of film projection establishments

1. To do business in accordance with the registered contents.

2. To meet technical standards for cinema houses according to regulations of the Ministry of Culture and Information.

3. To cooperate and enter into joint ventures with domestic or foreign organizations and individuals for film projection.

Article 33.- Rights and responsibilities of directors or general directors of film projection establishments

1. To organize business in accordance with the registered contents.

2. To manage the organization, personnel and material and technical facilities of their film projection establishments.

3. To organize the projection of films with dissemination permits granted by a competent cinematography state management agency or with broadcasting decisions issued by the general director of Vietnam Television or directors of provincial-level radio-television stations.

4. To ensure the ratio of screening of Vietnamese films to foreign ones, the time for Vietnamese film screening, and the time volume and time for screening children's films in accordance with the Government's regulations.

5. To ensure security, order and safety for audience.

6. To exercise other rights and perform other responsibilities as provided for by law.

Article 34.- Mobile film projection

1. The State shall adopt policies on investment in film projecting equipment and means of transport and provide funds for the operation of mobile film projection teams set up by provincial-level People's Committees, People's Committees of districts, towns or provincial cities (hereinafter referred to as district-level People's Committees), and armed force units in service of film projection in rural, mountainous, island, deep-lying, remote or ethnic minority areas and for people's armed forces.

2. The State shall finance mobile film projection teams with 100% of the cost for film projection in mountainous, island, deep-lying, remote or ethnic minority areas and for the people's armed forces; and 50-80% of the cost for film projection in rural areas.

3. Private film projection establishments providing mobile film projection services in rural, mountainous, island, deep-lying, remote or ethnic minority areas at the request of provincial-level or district-level People's Committees shall be paid with film projection costs as state-run film projection establishments.

Article 35.- Film broadcast on television

Film broadcast on television shall comply with the following regulations:

1. Broadcast films must be those with dissemination permits granted by a competent cinematography state management agency or with broadcasting decisions issued by the general director of Vietnam Television or directors of provincial-level radio-television stations;

2. The ratio of the time volume for broadcasting Vietnamese films to that for foreign films, the time for broadcasting Vietnamese films, the time volume and time for broadcasting children's films shall comply with the Government's regulations.

Article 36.- Dissemination of films on the Internet and exploitation of films from satellites

The dissemination of films on the Internet and the exploitation of films from satellites shall comply with the provisions of this Law and other relevant laws.

Article 37.- Permits for film dissemination

1. Vietnamese films produced by film production establishments and imported films may only be distributed and disseminated when they have dissemination permits granted by a competent cinematography state management agency.

2. A dossier of application for a film dissemination permit comprises:

a/ An application for the permit;

b/ The film copyright certificate.

Within fifteen days after the date of receipt of complete and valid dossiers and the films submitted for approval, the competent cinematography state management agency shall grant the permits; in case of refusal, it shall reply in writing, clearly stating the reason therefor.

3. Films produced or imported by Vietnam Television or provincial-level radio-television stations and decided for broadcasting on Vietnam Television or provincial-level radio-television stations may be disseminated nationwide.

Article 38.- Competence to grant film dissemination permits

1. Competence to grant film dissemination permits is provided for as follows:

a/ The Ministry of Culture and Information shall grant film dissemination permits to films produced or imported by central or local cinematographic establishments or private cinematographic establishments in the whole country, unless provincial-level People's Committees are assigned by the Government to grant those permits;

b/ Based on the quantity of domestically made and imported films of municipally or provincially run cinematographic establishments, the Government shall authorize provincial/municipal People's Committees to grant dissemination permits for films produced or imported by their local film production establishments or private cinematographic establishments and for to be-exported films produced by provincial-level radio-television stations and having broadcasting decisions issued by directors of provincial-level radio-television stations;

c/ The general director of Vietnam Television and directors of provincial-level radio-television stations are entitled to autonomy and accountability in deciding on the broadcasting of their own films or imported films on their respective television stations.

2. The Ministry of Culture and Information may withdraw film dissemination permits or television broadcast decisions; suspend or stop the dissemination of films that violate the provisions of Article 11 of this Law.

3. The grant of film dissemination permits and issuance of decisions on broadcasting films on television shall be effected on the basis of opinions of film appraisal councils.

Article 39.- Film appraisal councils

1. Competence to establish film appraisal councils is provided for as follows:

a/ Central-level film appraisal councils shall be established by the Minister of Culture and Information;

b/ Provincial-level film appraisal councils shall be established by presidents of provincial-level People's Committees;

c/ Film appraisal councils of Vietnam Television shall be established by the general director of Vietnam Television; film appraisal councils of provincial-level radio-television stations shall be established by the stations' directors.

2. Film appraisal councils shall appraise films to give advice to the heads of the agencies having decided to establish the film appraisal councils on whether to disseminate films and how to classify films for dissemination according to different age groups.

3. A film appraisal council consists of five or more members, including the representative of the agency having decided on its establishment, directors, screenwriters and other members.

Article 40.- Film advertisement

1. Film advertisement includes advertisement about films and advertisement in films.

2. Advertisement about films is provided for as follows:

a/ Film production enterprises, Vietnam Television, and provincial-level radio-television stations may introduce information on films in the course of preparation and production thereof;

b/ Film production enterprises, Vietnam Television and provincial-level radio-television stations shall not project the full contents of films for advertisement when they have not yet acquired permits for dissemination of such films from a competent cinematography state management agency or broadcasting decisions from the general director of Vietnam Television or directors of provincial-level radio-television stations.

3. Advertisement in films shall comply with the advertisement law.

Article 41.- Organization of and participation in film festivals and film fairs

1. Organization of national film festivals, specialized film festivals, theme film festivals and international film festivals is provided for as follows:

a/ The Ministry of Culture and Information shall organize national film festivals on a regular basis and international film festivals in Vietnam;

b/ Ministries, ministerial-level agencies and government-attached agencies, provincial-level People's Committees, and the Cinematographic Association may organize specialized film festivals and theme film festivals with approval of the Ministry of Culture and Information;

c/ Film production establishments may participate in film festivals;

d/ Films for participation in film festivals must be those with dissemination permits issued by a competent cinematography state management agency or with broadcasting decisions issued by the general director of Vietnam Television or directors of provincial-level radio-television stations;

e/ Vietnamese and foreign organizations and individuals may only show foreign films introduction in Vietnam after they get the Ministry of Culture and Information's approval.

2. Participation in international film festivals or fairs and organization of Vietnamese film days overseas are provided for as follows:

a/ Film production, distribution or dissemination establishments, Vietnam Television and provincial-level radio-television stations may participate in international film festivals or fairs and organize Vietnamese film days overseas.

b/ Films for participation in international film festivals or fairs, or in Vietnamese film days overseas must be those with dissemination permits granted by a competent cinematography state management agency or with broadcasting decisions issued by the general director of Vietnam Television or directors of provincial-level radio-television stations;

c/ The organization of Vietnamese film days overseas is subject to approval by the Ministry of Culture and Information.

3. Applications for organization of specialized or theme film festivals, Vietnamese film days overseas; or introduction of foreign films in Vietnam must specify the purposes, scope, time, and venue of the events, and lists of films and participants.

Within fifteen days after the date of receipt of applications, the Ministry of Culture and Information shall issue written replies on its approval or disapproval; in case of disapproval, it shall clearly state the reason therefor.

Article 42.- Organization of television film festivals

1. Vietnam Television shall organize national television film festivals and international television film festivals in Vietnam.

2. Provincial-level radio-television stations may organize television film festivals with the Ministry of Culture and Information's approval. Approval procedures shall comply with the provisions of Clause 3, Article 41 of this Law.

3. Films for participation in television film festivals must be those with broadcasting decisions issued by the general director of Vietnam Television or directors of provincial-level radio-television stations.

Article 43.- Foreign cinematographic establishments' representative offices in Vietnam

1. The opening of representative offices of foreign cinematographic establishments in Vietnam shall comply with the provisions of Vietnamese law and be licensed by the Ministry of Culture and Information.

2. A dossier of application for a license to open a representative office of a foreign cinematographic establishment in Vietnam comprises:

a/ An application for opening of a representative office, which specifies the representative office's purposes, tasks, scope of operation, headquarters and director and the commitment to strictly observe the provisions of Vietnamese law;

b/ The document certifying the legal person status of the foreign cinematography establishment, issued by a competent foreign agency.

3. Within thirty days after the date of receipt of complete and valid dossiers, the Ministry of Culture and Information shall issue the licenses; in case of refusal, it shall reply in writing, clearly stating the reason therefor.

4. Foreign cinematographic establishments' representative offices in Vietnam may introduce their cinematographic activities in accordance with Vietnamese law.

Article 44.- Overseas representative offices of Vietnamese cinematographic establishments.

1. The opening of overseas representative offices of Vietnamese cinematographic establishments is subject to approval by the Ministry of Culture and Information.

2. A dossier of application for opening of an overseas representative office of a Vietnamese cinematographic establishment comprises:

a/ An application for opening of a representative office, which specifies the representative office's purposes, tasks, scope of operation, headquarters and director and the commitment to strictly observe the laws of Vietnam and the host country;

b/ The document approving the opening of a representative office issued by a competent state management agency of the host country.

3. Within thirty days after the date of receipt of complete and valid dossiers, the Ministry of Culture and Information shall issue written replies on its approval or disapproval, in case of disapproval, it shall clearly state the reason therefor.