Chapter IV
FILM DISSEMINATION
Article 18. Rights and tasks of cinematographic facilities that disseminate films
1. Cinematographic facilities that disseminate films may:
a) Disseminate films according to the law;
b) Promote films and provide other services for viewers according to the law.
2. Cinematographic facilities that disseminate films shall:
a) Ensure the film dissemination follows the registered business and assigned or approved functions and tasks;
b) Only distribute films with Film Rating Licenses or Broadcast Decisions, except for the case of self-rating of films as prescribed in Point b Clause 2 Article 21 of this Law;
c) Ensure the criteria for film dissemination for each form of film dissemination;
d) Show film rating and warning according to regulations promulgated by the Minister of Culture, Sports, and Tourism of Vietnam;
dd) Terminate the dissemination of films at the written request of a competent state agency.
Article 19. Film dissemination in cinemas
1. Cinematographic facilities that disseminate films in cinemas shall satisfy the following criteria:
a) Such facilities are enterprises or public service providers established according to the law;
b) Such facilities have cinemas that meet technical standards as prescribed by the Minister of Culture, Sports, and Tourism of Vietnam.
2. Cinematographic facilities that disseminate films in cinemas may:
a) Refuse to serve viewers when they use banned substances or stimulants; bring weapons, incendiary and explosive materials, radioactive substances, hazardous substances, or banned substances into the cinema; cause disorder and obstruction at the cinema;
b) Prevent the copying, recording, video recording, and spreading of films contrary to the law;
c) Request violating individuals prescribed in Point a and Point b of this Clause to leave the cinema and request competent agencies or persons to handle such individuals.
3. Cinematographic facilities that disseminate films in cinemas shall perform tasks prescribed in Clause 2 Article 18 of this Law and shall:
a) Ensure the percentage of Vietnamese film screening sessions, Vietnamese film screening time frames, and duration and time frame of children’s films;
b) Ensure viewers are of the right age according to film ratings;
c) Conduct ticket price exemption or discount for the elderly, the disabled, revolutionary contributors, children, people in especially difficult circumstances, and other subjects as prescribed by law;
d) Implement data connection and comply with regulations on submission of reports on operational status at the request of competent state agencies.
4. Cinematographic facilities that disseminate films in cinemas are encouraged to disseminate policies and laws of the State before the screening.
5. The Government of Vietnam shall elaborate Point a and Point c Clause 3 of this Article.
Article 20. Film dissemination on television
1. Press agencies permitted to disseminate films on television shall:
a) Have licenses to operate in the field of television as prescribed by the Law on Press of Vietnam;
b) Have Broadcast Decisions to disseminate films on the Vietnamese television system or disseminate films on on-demand television service packages and on-demand television services on the internet.
2. Press agencies prescribed in Clause 1 of this Article, when disseminating films on the television system, shall perform the tasks prescribed in Clause 2 Article 18 of this Law and ensure the broadcast time ratio of Vietnamese films to foreign films, broadcast time frames of Vietnamese films, and duration and broadcast time frames of children’s films on domestic television channels as prescribed by the Government of Vietnam.
3. Heads of press agencies with licenses to operate in the field of television shall decide on the issuance and revocation of Broadcast Decisions according to the law.
4. The dissemination of Vietnamese films produced with funding from the state budget and films sponsored or gifted by organizations or individuals is encouraged.
Article 21. Film dissemination on the internet
1. Entities permitted to disseminate films on the internet are enterprises, public service providers, and organizations engaged in film dissemination as prescribed by this Law and relevant laws.
2. Entities that disseminate films on the internet as prescribed in Clause 1 of this Article shall perform tasks prescribed in Point c and Point d Clause 2 Article 18 of this Law, regulations of relevant laws, and shall:
a) Not disseminate films that violate regulations prescribed in Article 9 of this Law and relevant laws;
b) Before disseminating films on the internet, ensure conditions for the implementation of film rating according to regulations of the Government of Vietnam and take legal liability for the contents and results of film ratings; in case of incapacity to conduct film rating, request the Ministry of Culture, Sports, and Tourism of Vietnam or Agencies authorized by the Ministry of Culture, Sports, and Tourism of Vietnam to conduct the rating regarding films without Film Rating Licenses or Broadcast Decisions according to the procedures prescribed in Clause 3 and Clause 4 Article 27 of this Law;
c) Notify the list of films that will be disseminated and the results of film ratings to the Ministry of Culture, Sports, and Tourism of Vietnam before disseminating such films on the internet;
d) Adopt necessary technical measures and provide guidelines for parents or caretakers of children to control, manage, and ensure that children watch age-appropriate films disseminated on the internet and for service users to report films that violate this Law;
dd) Provide focal points and contact information to receive and process requests of state management agencies and feedback, complaints, and denunciations of service users;
e) Remove films that violate regulations prescribed in Article 9 of this Law and relevant laws at the written request of a competent state agency.
3. Organizations and individuals that have digital communication platforms for film dissemination in Vietnam shall:
a) Implement technical solutions and cooperate with competent state management agencies in removing and preventing violating films;
b) Ensure the performance of tasks prescribed in Point a and Point d Clause 2 of this Article.
4. Organizations and enterprises that have telecommunications networks shall prevent the access of violating films at the request of competent state agencies.
5. The Ministry of Culture, Sports, and Tourism of Vietnam shall organize personnel and technical means to inspect film contents, conduct film ratings, and display rating results of films disseminated on the internet; cooperate with the Ministry of Information and Communications of Vietnam, the Ministry of Public Security of Vietnam, and relevant state management agencies in implementing measures to prevent and handle acts of violation according to the law.
6. The Government of Vietnam shall elaborate Points b, c, d, and dd Clause 2 and Point a Clause 3 and Clause 4 of this Article.
Article 22. Film dissemination in public screening venues
1. Organizations that disseminate films at public screening venues shall:
a) Ensure social security, order, and safety, health care, prevention and control of fire and explosion, environmental protection, and relevant criteria according to the law;
b) Provide the list of screening films for competent state agencies at localities where organizations registered for business.
2. Organizations that disseminate films at public screening venues shall send written notifications of contents and screening programs to competent state agencies according to regulations of the Government of Vietnam. Within 5 working days from the date the competent state agency receives the notifications, if there is no reply, organizations that disseminate films may disseminate film at public screening venues; in case of refusal, the competent state agency shall respond and provide explanations in writing.
3. Organizations and individuals that manage and use public screening venues shall carry out tasks prescribed in Clause 2 Article 18 of this Law and shall:
a) Comply with regulations on business activities, criteria for social security, order, and safety, health care, prevention and control of fire and explosion, environmental protection, and relevant laws;
b) Change the time and scale of film screening at public screening venues at the request of competent state agencies.
4. Organizations that disseminate films at public screening venues are encouraged to disseminate policies and laws of the State before the screening.
Article 23. Dissemination of films for political tasks in highlands, mountainous areas, borders, islands, ethnic minority areas, and rural areas
1. The dissemination of films for political tasks in highlands, mountainous areas, borders, islands, ethnic minority areas, and rural areas is a regular activity according to annual plans decided and invested in by local authorities regarding film dissemination equipment and transportation suitable for actual situations of each locality.
2. The state budget shall ensure to provide 100% of the budget for film dissemination in highlands, mountainous areas, borders, islands, and ethnic minority areas and at least 50% in rural areas.
3. Cinematographic facilities are encouraged to apply information technology to the provision of films for dissemination in highlands, mountainous areas, borders, islands, ethnic minority areas, and rural areas.
Article 24. Film dissemination at diplomatic missions and foreign facilities of culture established in Vietnam
The dissemination of films at diplomatic missions and foreign facilities of culture established in Vietnam for people who are not officials or employees of such organizations shall:
1. Ensure compliance with international treaties to which the Socialist Republic of Vietnam is a signatory;
2. Ensure the implementation of rights and tasks prescribed in Article 18 and Article 22 of this Law.
Article 25. Film promotion
1. Organizations and individuals may promote films via trailers or information related to the previous films during the process of production, distribution, and dissemination of films according to laws on advertising and shall not violate regulations prescribed in Article 9 of this Law.
2. Organizations and individuals shall not show the whole content of a movie for promotional purposes without Film Rating Licenses or Broadcast Decisions.
Article 26. Advertisements for products, goods, and services in movies
Product, goods, and service advertising in movies shall comply with regulations of laws on advertising and relevant laws.
Article 27. Issuance of Film Rating Licenses
1. Regulations on competency in issuing Film Rating Licenses:
a) The Ministry of Culture, Sports, and Tourism of Vietnam shall issue Film Rating Licenses for the dissemination of films in cinemas; at public screening venues; on the internet for cases prescribed in Point b Clause 2 Article 21 of this Law; at diplomatic missions and foreign facilities of culture established in Vietnam as prescribed in Article 24 of this Law;
b) People’s Committees of provinces may issue Film Rating Licenses if they satisfy the requirements promulgated by the Minister of Culture, Sports, and Tourism of Vietnam.
2. Film Rating Licenses issued by the Ministry of Culture, Sports, and Tourism of Vietnam and People’s Committees of provinces are valid nationwide.
3. Applications for the issuance of Film Rating Licenses include:
a) A written request for the issuance of the Film Rating License according to the form stipulated by the Minister of Culture, Sports, and Tourism of Vietnam;
b) A copy of the document proving the legal ownership or rights to use the film;
c) The completed film;
d) The Vietnamese-dub version of the film for foreign films.
4. Procedures for the issuance of Film Rating Licenses:
a) Organizations and individuals shall submit a dossier of applications via the National Public Service Portal, by post, or directly to the competent state agency prescribed in Clause 1 of this Article;
b) Within 15 days after receiving the valid applications, competent state agencies shall issue Film Rating Licenses according to the form stipulated by the Minister of Culture, Sports, and Tourism of Vietnam; in case of refusal, notify and provide written explanations.
In case the film is subject to content adjustment or the application is subject to amendments or supplements of information at the request of competent state agencies prescribed in Clause 1 of this Article, within 15 days after receiving the adjusted film or 10 days after receiving the amended and supplemented application, competent state agencies shall issue the License.
Article 28. Changes to film contents and film names in Film Rating Licenses
1. In case of changes to the contents of films with Film Rating Licenses, organizations and individuals shall apply for the re-issuance of Film Rating Licenses as prescribed in Article 27 of this Law.
2. In case of changes only to the names of films with Film Rating Licenses, organizations and individuals shall send written notifications to competent state agencies that have issued such licenses.
Within 5 working days from the date the competent state agency receives the notifications, competent state agencies shall respond and provide explanations in writing in case of refusal.
Article 29. Revocation of Film Rating Licenses
1. State agencies competent to issue Film Rating Licenses prescribed in Clause 1 Article 27 of this Law shall revoke a Film Rating License when:
a) The issuance of the Film Rating License is contrary to regulations;
b) Information in the application for the Film Rating License is forged;
2. State agencies that issue Film Rating Licenses and organizations or individuals subject to revocation of Film Rating Licenses shall remedy violations prescribed in Clause 1 of this Article.
The continuation of application for Film Rating Licenses after remedying the mentioned violations shall comply with regulations prescribed in Article 27 of this Law.
Article 30. Termination of film dissemination
1. State agencies competent to terminate film dissemination are agencies that issue Film Rating Licenses, agencies that receive notifications of the contents and screening programs at public screening venues, or inspectorates according to regulations of the Government of Vietnam.
2. Competent state agencies shall issue written decisions on the termination of film dissemination, which specify the reason, time, and period of termination of film dissemination for the following cases:
a) Violation of regulations prescribed in Article 9 of this Law;
b) Occurrence of matters of national defense and security or natural disasters, epidemics, or emergencies.
3. If organizations wish to continue the dissemination of films, send written requests for the continuation of film dissemination to competent state agencies for consideration and decision.
Within 5 working days after receiving the written request for the continuation of film dissemination, the competent state agency shall consider, decide, and notify the result in writing to the organization that proposed the film dissemination.
4. Organizations subject to termination of film dissemination shall disclose such matter on mass media regarding the termination and take on responsibilities for ensuring the benefits of relevant organizations and individuals as prescribed by law.
Article 31. Film Appraisal and Rating Board
1. The competence in establishing Film Appraisal and Rating Boards is as follows:
d) The Minister of Culture, Sports, and Tourism of Vietnam shall establish the Film Appraisal and Rating Board of the Ministry of Culture, Sports, and Tourism of Vietnam;
b) Chairmen of People’s Committees of provinces shall establish Film Appraisal and Rating Board of such provinces or centrally affiliated cities;
c) Heads of press agencies with licenses to operate in the field of television shall establish Film Appraisal and Rating Boards of such press agencies.
2. The Film Appraisal and Rating Board shall provide advisory services for competent state agencies before they issue Film Rating Licenses or Broadcast Decisions. The Appraisal and Rating Board composition includes cinematographic specialists, experts, and managers of relevant fields and shall ensure gender equality.
3. The Minister of Culture, Sports, and Tourism of Vietnam shall stipulate the organization and operation of Film Appraisal and Rating Boards.
Article 32. Film rating
1. Films are rated according to their contents for appropriate dissemination according to viewers’ age or prohibition against dissemination as follows:
a) P rated: Films eligible for dissemination to viewers of all ages;
b) T18 rated (18+): Films eligible for dissemination to viewers from 18 years old or older;
b) T16 rated (16+): Films eligible for dissemination to viewers from 16 years old or older;
b) T13 rated (13+): Films eligible for dissemination to viewers from 13 years old or older;
dd) K rated: Films eligible for dissemination to viewers under 13 years old, provided that they are with their parents or guardians;
e) C rated: Films prohibited from disseminating.
2. The criteria for film rating apply to all of the forms of film dissemination stipulated by the Minister of Culture, Sports, and Tourism of Vietnam.
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