Vietnam: What is film dissemination? What obligations must the subjects of film dissemination in cyberspace guarantee?

Let me ask: What is film dissemination according to Vietnamese regulations? What obligations must the subjects disseminating films in cyberspace guarantee in Vietnam? asked Thuy from Quang Ninh.

What is a film? What is film dissemination in Vietnam?

Pursuant to Clause 2, Article 3 of the Law on Cinematography 2022 of Vietnam, film definitions are as follows:

“Film” means a cinematographic work whose content is expressed by consecutive moving images or images created by technical and technological devices and has audio (or not) and other effects according to the principles of cinematographic language. A film is recorded on materials used in the cinematographic industry or via digital methods or other means of digital equipment and disseminated to viewers, including feature films, documentaries, cartoons, and films of combined genres.
Films do not include recording products for disseminating news on radio, television, and the internet; art shows, video games, recording products that show the activity of one or more people and describe events and situations, or reality shows.

Pursuant to Clause 8, Article 3 of the Law on Cinematography 2022 of Vietnam, the definition of film dissemination is as follows:

8. “Film dissemination” means making films available to viewers via film screenings in cinemas, public screening venues, headquarters of diplomatic missions, foreign cultural agencies established in Vietnam, on television, the internet, and other audio-visual media.

Vietnam: What is film dissemination? What obligations must the subjects of film dissemination in cyberspace guarantee?

Vietnam: What is film dissemination? What obligations must the subjects of film dissemination in cyberspace guarantee?

What obligations must the subjects of films dissemination in cyberspace guarantee in Vietnam?

Pursuant to Clause 2, Article 21 of the Law on Cinematography 2022 of Vietnam stipulates as follows:

Article 21. Film dissemination on the internet
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.

Thus, according to the regulations on the subject of film dissemination in cyberspace, the following obligations must be fulfilled:

- Not disseminate films that violate the provisions of Article 9 of the Law on Cinematography 2022 of Vietnam and other relevant laws.

- Before disseminating films in cyberspace, conditions for film classification must be ensured in accordance with the Government's regulations and take responsibility before law for the contents and results of film classification; in case the conditions for film classification have not been met, the Ministry of Culture, Sports and Tourism or the agency authorized by the Ministry of Culture, Sports and Tourism shall be requested to carry out the classification of films that have not been granted a film classification license or a broadcasting decision.

- Announce the list of films to be disseminated and the results of film classification to the Ministry of Culture, Sports and Tourism before disseminating films in cyberspace.

- Take necessary technical measures and provide guidance for parents or guardians of children to self-control, manage and ensure that children watch film dissemination in cyberspace in accordance with the age of watching films; for service users to report on films that violate the provisions of the Cinematography Law 2022.

- Provide focal points and contact information to receive and handle requests from state management agencies; reflections, complaints and denunciations of service users.

- Remove the offending film upon written request of the competent state agency.

- Ensure conditions for film dissemination for each form of film dissemination.

- Display the level of film classification and warning according to the regulations of the Minister of Culture, Sports and Tourism.

What conditions must the press agency that is allowed to disseminate the film on the television system meet in Vietnam?

Pursuant to Clause 1, Article 20 of the Law on Cinematography 2022 of Vietnam stipulates as follows:

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.

Thus, according to the regulations on press agencies permitted to disseminate films on the television system, the following conditions must be met:

- Have a television license in accordance with the law on journalism.

- Make a decision on broadcasting to disseminate films on Vietnamese television systems or disseminate films on tv service packages on demand, on on-demand television services in cyberspace.

Thư Viện Pháp Luật

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