02 cases where the image of actors using cigarettes will be permitted in cinematic and theatrical works in Vietnam from January 25, 2025

02 cases where the image of actors using cigarettes will be permitted in cinematic and theatrical works in Vietnam from January 25, 2025​​ (Image from the Internet)

On November 27, 2024, the Minister of Culture, Sports and Tourism of Vietnam issued Circular 14/2024/TT-BVHTTDL regulating the restriction of images of actors using cigarettes in cinematic and theatrical works.

02 cases where the image of actors using cigarettes will be permitted in cinematic and theatrical works in Vietnam from January 25, 2025​​

In Article 3 of Circular 14/2024/TT-BVHTTDL, the use of images of actors smoking cigarettes in cinematic and theatrical works is prohibited, except for the following 02 cases:

(1) The use of images of actors using cigarettes is for the purpose of criticizing and denouncing prohibited acts as specified in Article 9 and violations of obligations of smokers specified in Article 13 of the Law on Prevention and Control of Tobacco Harm 2012. To be specific:

- Criticizing and denouncing prohibited acts specified in Article 9 of the Law on Prevention and Control of Tobacco Harm 2012:

+ Producing, trading, importing, storing, transporting fake cigarettes, products designed to resemble cigarette packs or shapes; trading, storing, transporting tobacco raw materials, smuggled cigarettes.

+ Advertising and promoting cigarettes; marketing cigarettes directly to consumers in any form.

+ Sponsorship by tobacco business organizations, individuals, except as prescribed in Article 16 of the Law on Prevention and Control of Tobacco Harm 2012.

+ Persons under the age of 18 using, buying, or selling cigarettes.

+ Using persons under the age of 18 to buy and sell cigarettes.

+ Selling, supplying cigarettes to persons under the age of 18.

+ Selling cigarettes through vending machines; smoking, selling cigarettes at prohibited locations.

+ Using tobacco images in media, publications dedicated to children.

+ Persuading, forcing others to use cigarettes.

- Criticizing and denouncing violations of smokers’ obligations specified in Article 13 of the Law on Prevention and Control of Tobacco Harm 2012:

+ Smoking at prohibited locations.

+ Smoking indoors when there are children, pregnant women, patients, elderly people.

+ Not maintaining common hygiene, not disposing of cigarette butts properly when smoking in allowed locations.

(2) The use of images of actors using cigarettes in cinematic and theatrical works for artistic purposes is carried out according to regulations in Articles 4 and 5 of Circular 14/2024/TT-BVHTTDL. To be specific:

- Using images of actors using cigarettes in theatre for artistic purposes

Use of actor images using cigarettes for artistic purposes in theatre includes:

+ Portraying real historical characters;

+ Recreating a specific historical period;

+ Criticizing and denouncing the act of using cigarettes.

Note: When using cigarettes for artistic purposes, actors do not actually smoke on stage.

- Using images of actors using cigarettes in films for artistic purposes

Use of actor images using cigarettes in films for artistic purposes includes:

+ Cases specified in points a, b, and c of Clause 1, Article 4 of Circular 14/2024/TT-BVHTTDL;

+ Other cases decided by competent state agencies based on proposals from the Film Appraisal and Classification Council.

Note: If a film has many scenes of actors using cigarettes evaluated by the Film Appraisal and Classification Council, film dissemination must ensure the following requirements:

+ The film must be classified according to criteria and classification level, with warnings as prescribed in Circular 05/2023/TT-BVHTTDL.

+ There must be a health warning about the harms of smoking through text or images.

More details can be found in Circular 14/2024/TT-BVHTTDL which takes effect from January 25, 2025.

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