Which entities are investors of projects on film production with funding from the state budget in Vietnam?

Which entities are investors of projects on film production with funding from the state budget in Vietnam?

Pursuant to Clause 2 Article 14 of the Law on Cinematography in 2022 stipulating entities who are investors of projects on film production with funding from the state budget in Vietnam as follows:

Production of films with funding from the state budget

1. The production of film with funding from the state budget for political tasks prescribed in Point a Clause 2 Article 5 of this Law shall be done in the form of task assignment, ordering, or bidding.

2. Investors of projects on film production with funding from the state budget shall be Ministries, ministerial agencies, governmental agencies, central agencies of political organizations, socio-political organizations, social-political-vocational organizations, and People’s Committees of provinces.

3. Investors of projects on film production with funding from the state budget shall:

a) Conduct the process of selecting film production projects;

b) Establish the Script Appraisal Council and Film Production Project Selection Council according to regulations promulgated by the Minister of Culture, Sports, and Tourism of Vietnam.

4. Investors of projects on film production with funding from the state budget may mobilize other legal sources of finance to produce films.

5. Film ownership and intellectual property rights for films with funding from the state budget shall comply with the Law on Intellectual Property of Vietnam and relevant laws.

6. The Government of Vietnam shall elaborate Clause 1 and Point a Clause 3 of this Article.

As regulations above, investors of projects on film production with funding from the state budget shall be Ministries, ministerial agencies, governmental agencies, central agencies of political organizations, socio-political organizations, social-political-vocational organizations, and People’s Committees of provinces.

What are regulations on production of films with funding from the state budget in Vietnam?

Pursuant to Article 7 of the Decree 131/2022/NĐ-CP stipulating production of films with funding from the state budget in Vietnam as follows:

Production of films with funding from the state budget

Films produced by using funding from the state budget are specific cultural products associated with copyright, from the composition to completion. The production of films with funding from the state is stipulated as follows:

1. a) Regarding documentaries, scientific films, and cartoons according to the plans to serve political tasks on the topics of history, revolution, leaders, notables, national heroes, children, highlands, mountainous areas, borders, islands, ethnic minority areas, and preservation and promotion of Vietnam’s cultural values, perform methods of assigning tasks or ordering.

2. Regarding feature films and films of combined genres:

a) Perform methods of assigning tasks and ordering regarding film production projects according to the plans to serve political tasks on the topics of history, revolution, leaders, notables, national heroes, children, highlands, mountainous areas, borders, islands, and ethnic minority areas;

b) Perform bidding methods regarding film production projects according to the plans to serve political tasks on topics of the preservation and promotion of Vietnam’s cultural values.

As regulations above, films produced by using funding from the state budget are specific cultural products associated with copyright, from the composition to completion.

What documents are included in the application for selecting film production projects with funding from the state budget regarding methods of assigning tasks and ordering in Vietnam?

Pursuant to Clause 1 Article 8 of the Decree 131/2022/NĐ-CP stipulating the application for selecting film production projects with funding from the state budget regarding methods of assigning tasks and ordering in Vietnam as follows:

Procedure for selecting film production projects with funding from the state budget

According to the approved film production plan and the script assessment result of the Council assessing film production scripts with funding from the state budget, the investor and project management agency shall select film production projects as follows:

1. Regarding methods of assigning tasks and ordering:

a) A film production cinematographic facilities with selected scripts shall prepare a Film Production Project Dossier and submit it to the project management agency for presentation to the Council for selection of film production projects with funding from the state budget, including:

- Documents following laws on task assignment, product orders, and public services using the state budget.

- Documents proving financial capacity, plans, and production progress.

- Film production cost estimates (regarding methods of assigning tasks) or schemes for the price of film production orders (regarding methods of ordering), including:

+ Total film production cost estimate;

+ A list of technical equipment (with specific codes, symbols, features, and specifications) serving the film production project (including existing equipment and hired or rented equipment);

+ Cost of wages and salaries.

- Schemes for film distribution and dissemination.

- Written guarantee of copyright for the film script.

- Regarding feature films and films of combined genres, the documents shall include:

+ Scripts, storyboards, and film production schemes;

+ A list of several titles of cinematographic work creation, including director, screenwriter, cinematographer, and film producer.

- Regarding documentaries, scientific films, and cartoons, the documents shall include:

+ Scripts, storyboards, and clusters of filming backgrounds;

+ A list of several titles of cinematographic work creation, including director, screenwriter, artist (regarding cartoons), cinematographer, and film producer.

b) The Council selecting film production projects with funding from the state budget established by the investor shall receive the Dossier and perform the assessment following regulations promulgated by the Minister of Culture, Sports and Tourism of Vietnam. The assessment result of the Council shall be used to provide advisory services for the investor to consider and decide on the selection of film production projects with funding from the state budget and the method or decide on the selection between the method of assigning tasks or the method of ordering. If the method of ordering is selected, the decision on the maximum and specific price shall comply with laws on prices;

c) The project management agency shall sign the contract of ordering the film production with the cinematographic facility or present it to the investor to assign tasks to the cinematographic facility with the selected film production project.

As regulations above, the application for selecting film production projects with funding from the state budget regarding methods of assigning tasks and ordering in Vietnam includes:

- Documents following laws on task assignment, product orders, and public services using the state budget.

- Documents proving financial capacity, plans, and production progress.

- Film production cost estimates (regarding methods of assigning tasks) or schemes for the price of film production orders (regarding methods of ordering), including:

+ Total film production cost estimate;

+ A list of technical equipment (with specific codes, symbols, features, and specifications) serving the film production project (including existing equipment and hired or rented equipment);

+ Cost of wages and salaries.

- Schemes for film distribution and dissemination.

- Written guarantee of copyright for the film script.

- Regarding feature films and films of combined genres, the documents shall include:

+ Scripts, storyboards, and film production schemes;

+ A list of several titles of cinematographic work creation, including director, screenwriter, cinematographer, and film producer.

- Regarding documentaries, scientific films, and cartoons, the documents shall include:

+ Scripts, storyboards, and clusters of filming backgrounds;

+ A list of several titles of cinematographic work creation, including director, screenwriter, artist (regarding cartoons), cinematographer, and film producer.

Best regards!