Chapter II
FILM PRODUCTION
Article 10. Rights and tasks of cinematographic facilities that produce films
1. Cinematographic facilities that produce films may:
a) Produce or cooperate in producing films; provide film production services for Vietnamese and foreign organizations and individuals;
b) Participate in producing films with funding from the state budget;
c) Participate in film festivals, film awards, film competitions, film programs, and film weeks.
2. Cinematographic facilities that produce films shall:
a) Ensure the film production follows the registered business and assigned or approved functions and tasks;
b) Compile the contents of documents on script appraisal for films produced with funding from the state budget;
c) Ensure social security, order, and safety, health care, prevention and control of fire and explosion, environmental protection, cultural heritage protection, and relevant matters as prescribed by law during the film production;
d) Send a written commitment to not violate regulations prescribed in Article 9 of this Law to the Ministry of Culture, Sports, and Tourism of Vietnam in case of cooperation with foreign organizations or individuals in producing films or receiving sponsorships from foreign organizations or individuals to produce films;
dd) Comply with this Law and relevant laws.
Article 11. Rights and tasks of film producers, screenwriters, directors, cinematographers, actors, and other members of a film crew
1. Film producers, screenwriters, directors, cinematographers, actors, and other members of a film crew may:
a) Be artistically creative within the framework of the law;
b) Enjoy intellectual property rights as prescribed by the Law on Intellectual Property of Vietnam;
c) Receive protection of legal rights and benefits regarding cinematographic activities.
2. Film producers, screenwriters, directors, cinematographers, actors, and other members of a film crew shall:
a) Comply with this Law and relevant laws;
b) Carry out the contract with cinematographic facilities that produce films based on agreement and compliance with the law;
c) Comply with the code of professional ethics and the code of conduct of people working in the field of art.
Article 12. Studio activities
1. Organization of management and operation or cooperation in conducting joint venture and joint production of films.
2. Provision of film production services and other services as prescribed by law.
Article 13. Film production activities in Vietnam of foreign organizations and individuals
1. Foreign organizations and individuals that produce films in Vietnam shall use film production services provided by Vietnamese cinematographic facilities.
2. Foreign organizations and individuals that produce films in Vietnam shall ensure the following criteria:
a) Agreement documents or contracts to provide film production services with Vietnamese cinematographic facilities;
b) Films that use film production services in Vietnam do not violate regulations prescribed in Article 9 of this Law;
c) In the case of using filming services with the use of backgrounds in Vietnam, there must be a License to provide filming services with the use of backgrounds in Vietnam issued by the Ministry of Culture, Sports, and Tourism of Vietnam.
3. Applications for the License to provide filming services with the use of backgrounds in Vietnam for foreign organizations and individuals include:
a) A written request for the issuance of the License according to the form stipulated by the Minister of Culture, Sports, and Tourism of Vietnam;
b) A summarized script of the film and a detailed script of the filming content with the use of backgrounds in Vietnam in Vietnamese;
c) An agreement document or contract to provide filming services with the use of backgrounds in Vietnam with the foreign organization or individual;
d) A written commitment not to violate regulations prescribed in Article 9 of this Law of the foreign organization or individual that use filming services with the use of backgrounds in Vietnam.
4. Procedures for issuance of License to provide filming services with the use of backgrounds in Vietnam for foreign organizations and individuals are as follows:
a) Foreign organizations and individuals that use filming services with the use of backgrounds in Vietnam or Vietnamese cinematographic facilities that provide filming services with the use of backgrounds in Vietnam for foreign organizations and individuals shall submit a dossier of applications via the National Public Service Portal or by post or directly to the Ministry of Culture, Sports, and Tourism of Vietnam;
b) Within 20 days after receiving the valid applications, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue the License; in case of refusal, notify and provide written explanations.
In case the script is subject to amendments due to violation of regulations prescribed in Article 9 of this Law and relevant laws or the application is subject to amendments and supplements of information at the request of the Ministry of Culture, Sports, and Tourism of Vietnam, within 20 days after receiving the amended script or amended and supplemented application, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue the License.
In case of changes to the contents prescribed in Points a, b, and c Clause 3 of this Article after receiving the License to provide filming services with the use of backgrounds in Vietnam, foreign organizations and individuals or Vietnamese cinematographic facilities shall apply for re-issuance of the License according to the procedures prescribed in Clause 4 of this Article; in case of changes only to the contents prescribed in Point a and Point c Clause 3 of this Article, within 5 working days after receiving the valid applications, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue the License.
6. The Ministry of Culture, Sports, and Tourism of Vietnam shall revoke the License to provide filming services with the use of backgrounds in Vietnam in the following cases:
a) Violation of regulations prescribed in Article 9 of this Law during film production;
b) Information in the application for the License is forged;
c) Failure to comply with the contents of the License.
Article 14. Production of films with funding from the state budget
1. The production of film with funding from the state budget for political tasks prescribed in Point a Clause 2 Article 5 of this Law shall be done in the form of task assignment, ordering, or bidding.
2. Investors of projects on film production with funding from the state budget shall be Ministries, ministerial agencies, governmental agencies, central agencies of political organizations, socio-political organizations, social-political-vocational organizations, and People’s Committees of provinces.
3. Investors of projects on film production with funding from the state budget shall:
a) Conduct the process of selecting film production projects;
b) Establish the Script Appraisal Council and Film Production Project Selection Council according to regulations promulgated by the Minister of Culture, Sports, and Tourism of Vietnam.
4. Investors of projects on film production with funding from the state budget may mobilize other legal sources of finance to produce films.
5. Film ownership and intellectual property rights for films with funding from the state budget shall comply with the Law on Intellectual Property of Vietnam and relevant laws.
6. The Government of Vietnam shall elaborate Clause 1 and Point a Clause 3 of this Article.
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