Are minors under 18 years old allowed to watch pornographic films according to the law in Vietnam?

Hello, Lawnet would like to answer as follows:

1. What is pornographic film?

Pornographic films (also known by names such as 18+ movies, adult movies, etc.) are pornographic movies that depict sexual relations between actors for the purpose of possible sexual stimulation. satisfy some physiological needs and create satisfaction for viewers.

At the same time, sex movies are also a form of pornographic cultural product produced and distributed in many different forms, including websites, videos, and DVDs. Some countries currently allow the operation of the adult film industry; typically, Japan is the leading country in this smokeless industry.

However, pornographic films are often considered inappropriate content for children, and some countries have policies that restrict or completely ban the production and distribution of sex films.

2. Are minors under 18 years old allowed to watch pornographic films according to the law in Vietnam?

According to Article 32 of the Law on Cinematography 2022, films are rated according to their contents for appropriate dissemination according to viewers’ age or prohibition against dissemination as follows:

- P rated: Films eligible for dissemination to viewers of all ages;

- T18 rated (18+): Films eligible for dissemination to viewers from 18 years old or older;

- 16 rated (16+): Films eligible for dissemination to viewers from 16 years old or older;

- T13 rated (13+): Films eligible for dissemination to viewers from 13 years old or older;

- K rated: Films eligible for dissemination to viewers under 13 years old, provided that they are with their parents or guardians;

- C rated: Films prohibited from disseminating.

At the same time, according to Circular 05/2023/TT-BVHTTDL, T18 (18+) eligible for dissemination to viewers from 18 years old or older must meet the following criteria:

- Theme and content

+ The content of the film to be rated deals with adult matters that can be depicted at a strong level and in detail provided that they do not last for the lengthened duration; do not occur regularly, and are fitted to the content of the film.

+ For action, horror, or child abuse films, the theme and content of action, horror or child abuse may be depicted at a strong level in detail; have a strong level of impact on viewers without occurring regularly, and lasting for the lengthened duration;

+ For films with sensitive themes and contents, realistic topics about politics, culture, society, or economy, these themes, contents or topics may be depicted at a medium level; can be explored in a deep manner; do not last for the lengthened duration; do not occur regularly; have a medium level of impact on viewers.

- Violence

+ Films may contain images, sounds, and language depicting violent behaviors that affect viewers from an over-strong to under-excessive level; can be depicted at a strong level provided that they do not last for the lengthened duration; occur with medium frequency; and are appropriate to the genre of the film to be rated;

+ Implied depiction of sexual violence scenes is allowed as long as these scenes are depicted at a medium level, and fitted into the content of the film to be rated.

- Nudity and sex

+ Films may contain images showing full-body nudity that are depicted at a medium level; do not last for the lengthened duration; do not involve close-ups or detailed descriptions of genital; are fitted to the content of the film to be rated. Films are not allowed to both overuse nude images and cause sexual incitement;

+ Films are not allowed to contain images, sounds, or language explicitly showing or depicting in detail sexual activities, except if such images, sounds or language are fitted to the content of the film to be rated; do not last for the lengthened duration; and do not explore sexual activities in a deep manner.

- Drugs, stimulants and addictive substances

+ The same as those of T16 rated films;

+ Films do not contain images, sounds, or language ​​that represent the sale, production, and possession of drugs or addictive substances, except in the case of condemning, criticizing these wrongdoings, and lead to the consequence that characters performing these acts must be punished or eliminated.

- Horror

Films contain horrible, terrifying, frightening or fearful images, sounds or language that are depicted at a strong level with a constant sense of threat; do not last for the lengthened duration; do not have an excessive level of psychological and emotional impact on viewers.

- Vulgar language

+ Films contain vulgar images, sounds or language that are depicted at a stronger level than T16 rated films; are not allowed to hurt viewers and community. Use of language of sexual harassment or abuse is prohibited;

+ Films of which the theme is about social realism may contain vulgar images, sounds, or language that occur regularly if they do not last for the lengthened duration, and are fitted to the content of the film to be rated.

- Dangerous and easily imitable behaviors

+ Since the film to be rated contains dangerous or easily imitable images, sounds, or language, or the way of handling the situation that leads viewers to exposure to the risk of being harmed, or causes social harms through their behaviors, the result must be radically handled, and convey educational and preventive messages;

+ Images, sounds, or language representing easily imitable behaviors are not depicted in detail; do not occur regularly; and have a medium level of impact on viewers.

Thus, based on the film rating regulations and the above film rating criteria, it can be seen that people under 18 years old will not be allowed to watch pornographic films (18+ movies) because they contain pornographic and sexually stimulating content, depiction of genitals, abuse of nude images, etc., which can cause viewers under 18 to imitate because they are not aware enough to control their behavior and can cause serious consequences.

For people 18 years of age or older, when watching 18+ movies, you should also note that storing movies and making others watch those movies can be punished according to the provisions of the law.

According to Clause 4, Article 102 of Decree 15/2020/ND-CP regulating penalties for administrative violations in storage, rental, transmission, supply, access, collection, processing, exchange and use information

4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for the commission of one of the following violations:

a) Failing to keep confidentiality of private information transmitted on public telecommunications network or disclosing private information relating to telecommunications service users;

b) Providing, exchanging, transmitting, storing or using information/services related to gambling or serving gambling activities, or pornography, debauchery, superstitions, or which are contrary to national good traditions and customs.

Thus, those who provide and exchange information services about pornography, debauchery, superstitions, or which are contrary to national good traditions and customs will be subject to an administrative fine of from 30,000,000 VND to 50,000,000 VND.

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