Chương VI Luật Điện ảnh 2022: Quảng bá, xúc tiến phát triển điện ảnh; quỹ hỗ trợ phát triển điện ảnh

Chapter VI

PROMOTION OF CINEMATOGRAPHIC DEVELOPMENT; CINEMATOGRAPHIC DEVELOPMENT SUPPORT FUND

Section 1. PROMOTION OF CINEMATOGRAPHIC DEVELOPMENT

Article 37. Contents of the promotion of cinematographic development should:

1. Promote Vietnamese films, cinematographic environment, film production ecosystem, cultural identity, Vietnam, and people of Vietnam.

2. Develop and promote cinematographic brands of Vietnam, regions, localities, and enterprises; research and develop the domestic and foreign cinematographic market.

3. Disseminate, improve the social awareness of cinematography, and contribute to the assurance of a safe, healthy, and civilized cinematographic environment.

4. Search for chances, mobilize resources for investment in cinematographic development, diversify film genres, and improve the quality of Vietnamese films.

Article 38. Film festivals, film awards, film competitions, film programs, and film weeks in Vietnam

1. State agencies at central levels, political organizations, socio-political-vocational organizations, People's Committees of provinces may organize film festivals, specialized or thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam according to the following regulations:

a) Heads of agencies or organizations shall take charge of organizing film festivals, specialized or thematic film festivals, film awards, film competitions, films programs, and film weeks;

b) Films that participate in film festivals, specialized or thematic film festivals, film awards, film competitions, film programs, and film weeks must have Film Rating Licenses or Broadcast Decisions;

c) The Ministry of Culture, Sports, and Tourism of Vietnam must be informed of implementation plans at least 5 working days before the organization date and implementation results at least 5 working days after the end of film festivals, specialized or thematic film festivals, film awards, film competitions, film programs, and film weeks.

2. Vietnamese organizations and agencies that are not state agencies at central levels, political organizations, socio-political-vocational organizations, and People's Committees of provinces may organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam if they satisfy the criteria prescribed by the Government of Vietnam and comply with regulations prescribed in Clause 1 of this Article.

3. International organizations, foreign organizations, diplomatic missions, and foreign facilities of culture, when organizing film festivals, specialized or thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam, must have licenses issued by the Ministry of Culture, Sports, and Tourism of Vietnam.

4. The Ministry of Culture, Sports, and Tourism of Vietnam shall take charge and organize periodic national film festivals and international film festivals in Vietnam.

5. Applications for issuance of licenses to organize film festivals, specialized or thematic film festivals, film awards, film competitions, film programs, and film weeks prescribed in Clause 3 of this Article are as follows:

a) Applications for issuance of licenses to organize film festivals, specialized or thematic film festivals, film awards, and film competitions include written requests for issuance of licenses according to the form stipulated by the Minister of Culture, Sports, and Tourism of Vietnam; plans that specify purposes, meanings, criteria, contents, organizational structure, budget, task assignment, and implementation; charters that specify participants, the structure of the award, and composition of judges;

b) Applications for issuance of licenses to organize film programs include written requests for issuance of licenses according to the form stipulated by the Minister of Culture, Sports, and Tourism of Vietnam; lists of films participating in film programs or film weeks; copies of Film Rating Licenses.

6. Procedures for issuance of licenses to organize film festivals, specialized or thematic film festivals, film awards, film competitions, film programs, and film weeks are as follows:

a) Agencies and organizations shall submit a dossier of applications via the National Public Service Portal, by post, or directly to the Ministry of Culture, Sports, and Tourism of Vietnam;

b) Within 15 days after receiving the valid application, 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 application is subject to amendments and supplements of information at the request of the Ministry of Culture, Sports, and Tourism of Vietnam, within 10 days after receiving the amended and supplemented application, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue the license.

7. In case of changes to contents prescribed in Point a Clause 5 of this Article, after receiving licenses, agencies and organizations shall apply for re-issuance of licenses according to regulations prescribed in Clause 5 and Clause 6 of this Article. Within 5 working days after receiving the valid applications, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue licenses.

8. The Ministry of Culture, Sports, and Tourism of Vietnam shall revoke licenses in the following cases:

a) Violations of regulations prescribed in Article 9 of this Law during the organization of film festivals, specialized or thematic film festivals, film awards, film competitions, film programs, and film weeks;

b) Information in the application for the License is forged;

c) Failure to comply with the contents of the License.

Article 39. Organization of Vietnamese film programs and film weeks abroad

1. The Ministry of Culture, Sports, and Tourism of Vietnam shall organize Vietnamese film programs and film weeks abroad according to the approved plan.

2. Other agencies and organizations that organize Vietnamese film programs and film weeks abroad shall send written notifications to Vietnamese diplomatic missions at corresponding countries or areas regarding the contents and organizational plans at least 20 days before the organization date.

3. Vietnamese diplomatic missions in corresponding countries or areas shall support, facilitate the organization of Vietnamese film programs and film weeks abroad, and inform the Ministry of Culture, Sports, and Tourism of Vietnam in case they find inappropriate content.

4. Heads of agencies and organizations shall take responsibility for the organization of Vietnamese film programs and film weeks abroad.

Article 40. Films that participate in film festivals, film awards, film competitions, film programs, and film weeks in Vietnam and abroad

1. Films that participate in film festivals, film awards, film competitions, film programs, and film weeks in Vietnam or abroad are films with Film Rating Licenses or Broadcast Decisions.

2. In case the rules of international film festivals and film awards stipulate that the participating films are national representative films, the Ministry of Culture, Sports, and Tourism of Vietnam shall stipulate and organize the film selection.

Article 41. Incentive regulations for foreign organizations using film production services in Vietnam

Foreign organizations producing films with the use of backgrounds in Vietnam or film production services provided by Vietnamese organizations may receive tax incentives according to laws on tax.

Section 2. CINEMATOGRAPHIC DEVELOPMENT SUPPORT FUND

Section 42. Establishment of Cinematographic Development Support Fund

1. The Cinematographic Development Support Fund is an off-budget state financial fund supported by the State with charter capital, established and operated according to law; has independent financial capacity; has revenues and expenditure tasks that do not coincide with revenues and expenditure tasks of the state budget; has legal personality, separate seals, and accounts. The Prime Minister of Vietnam shall decide on the establishment and approve the Charter for organization and operation of the Cinematographic Development Support Fund.

2. The Government of Vietnam shall elaborate this Article.

Section 43. The Cinematographic Development Support Fund aims to:

1. Provide support for projects on experimental films, debut films, and films of young authors.

2. Provide support for authors, film production projects, and outstanding Vietnamese films that participate in film festivals, film awards, film competitions, film fairs, film programs, and film weeks abroad.

3. Provide support for other activities for cinematographic development.

Section 44. Operational principles of the Cinematographic Development Support Fund

1. Operate not for profits; preserve the charter capital and cover its own management costs.

2. Carry out the collection, expenditure, financial and asset disclosure, and accounting work according to law.

3. Submit to the state inspection and audit regarding its activities.

4. Ensure publicity, transparency, thrift, efficiency, proper use, and compliance with the law, not coinciding with the budget provided by the state for public activities of cinematography. The fund shall not provide support for film production projects funded by the state budget.

5. Transfer the remaining budget of the previous year to the following year for use.