Is it possible to deposit films only for movies that have been granted a Film Classification License in Vietnam as prescribed from January 1, 2023?
- What are the current regulations on film deposition?
- Changes to film deposit regulations since 2023?
- How will archive movies in the near future be done?
- Is the film storage facility responsible for ensuring the safety of the film copy, script and accompanying documents in accordance with technical standards?
- What rights and meanings will movie owners have in depositing and storing movies?
What are the current regulations on film deposition?
Pursuant to Article 45 of the 2006 Cinema Law, the current regulations on film screening are as follows:
“Article 45. Film deposition
1. Film production establishments and film importers must submit one copy of the film to the film dissemination licensing agency.
2. Films produced with any material shall be deposited with such material.
3. For imported plastic films, the film importers shall deposit the film tapes and discs printed from the browser film.
4. Within twelve months from the date on which the film is licensed for dissemination, the depositary agency specified in Clause 1 of this Article shall submit the deposited film copy to the film archiver."
Accordingly, film production establishments and film importers must submit 01 film depository copy at the film dissemination licensing agency.
Is it possible to deposit films only for movies that have been granted a Film Classification License in Vietnam as prescribed from January 1, 2023?
Changes to film deposit regulations since 2023?
Pursuant to Article 33 of the Law on Cinema 2022 stipulates as follows:
“Article 33. Film deposition
1. Cinema establishments whose films have been granted a Film Classification License in Vietnam according to regulations must deposit 01 copy of the film to the agency granting the Film Classification License in Vietnam. For Vietnamese films funded by the state budget, the script and documents attached to the film must be submitted.
2. The time limit for depositing Vietnamese films is 12 months from the date the film is granted a Film Classification License in Vietnam; time limit for depositing imported films as specified in the Film Classification License in Vietnam.
3. At the end of the depository period, the film depository agency has the following responsibilities:
a) Transferring the unencrypted depository film copy, the script and accompanying documents to the film archiver, for Vietnamese films produced using the state budget;
b) Transfer the film copies in deposit to the film archives for Vietnamese films produced without the use of the state budget;
c) Return the deposited film copy to the depository establishment for imported films.
4. Cinema establishments must open the film key code for comparison and inspection at the request of the agency issuing the film classification permit.”
Accordingly, in the near future, only films will be stored for films licensed to classify films according to regulations. In addition, for Vietnamese films funded by the state budget, the script and documents attached to the film must be deposited.
How will archive movies in the near future be done?
Pursuant to Article 34 of the Law on Cinema 2022 stipulates as follows:
“Article 34. Film archiving
1. Film storage establishments belonging to culture, sports and tourism agencies are responsible for storing Vietnamese films that have been granted film classification permits.
2. Film storage facilities belonging to press agencies that have a license to operate television are responsible for archiving the agency's films.
3. Film archives belonging to ministries or branches that store films for internal circulation; scientific research agency that archives the film of the agency or unit.”
Accordingly, the storage of movies will depend on which agency is the film archiver to determine the responsibility according to the above provisions.
Is the film storage facility responsible for ensuring the safety of the film copy, script and accompanying documents in accordance with technical standards?
Pursuant to Article 35 of the Law on Cinema 2022 stipulates as follows:
“Article 35. Rights and responsibilities of film hosting facilities
1. Archive, provide copies, print extracts for film owners and competent state agencies in accordance with law.
2. Cooperate with domestic and foreign organizations and individuals in film preservation, archiving and restoration; exploit the movie under agreement with the movie owner.
3. Buy, receive and transfer valuable films at home and abroad to serve research, teaching and learning.
4. Provide hosting services; Sell, rent, distribute archived movies by agreement with the movie owner.
5. Ensure the safety of film copies, scripts and accompanying documents in accordance with technical standards.
6. Take responsibility before law for the guarantee of intellectual property rights to films stored at the establishment.”
As such, the film storage facility will be responsible for storing the film in accordance with the above provisions.
Accordingly, the film storage facility will be responsible for ensuring the safety of the film, script and accompanying documents in accordance with technical standards.
What rights and meanings will movie owners have in depositing and storing movies?
Pursuant to Article 36 of the Law on Cinema 2022 stipulates as follows:
“Article 36. Rights and obligations of film owners in depository and archival activities
1. The film archiver ensures the safety of the film copies, documents and documents attached to the film; ensure intellectual property rights as prescribed by law.
2. To decide on the sale, rental, dissemination and use of services for archival films.
3. To deposit films according to the provisions of Article 33 of this Law.
4. Unlock the movie key for comparison and inspection at the request of a competent state agency.”
Accordingly, the film owner will have the rights and responsibilities in the operation and storage of the film in accordance with the above provisions.
The Cinema Law 2022 will take effect from January 1, 2023.
LawNet
