Cases where the Provincial People's Committee is not eligible to issue Film rating certificate in Vietnam as of March 1, 2024

Cases where the Provincial People's Committee is not eligible to issue Film rating certificate in Vietnam as of March 1, 2024 (Internet image) 

Regarding this issue, LawNet would like to answer as follows:

1. Cases where the Provincial People's Committee is not eligible to issue Film rating certificate in Vietnam as of March 1, 2024

According to Article 4 of Circular 17/2023/TT-BVHTTDL, the regulations on ineligibility for the issuance of Film rating certificate are as follows:

- The Provincial People's Committee is not eligible to issue a Film rating certificate without making the notification specified in Section 2.

- The Provincial People's Committee is not eligible to issue a Film rating certificate when the Ministry of Culture, Sports, and Tourism regularly, periodically, or unexpectedly inspects from the previous year up to the time of inspection and detects one of the following cases: 

+ The actual conditions do not comply with the Notice specified in Section 2;

+ Issuing Film rating certificate incorrectly 02 times in a row within 06 months for Type P, Type T18, Type T16, Type T13, and Type K;

+ Issuing Film rating certificate incorrectly once for Type C.

- Within 07 working days from the date of discovery that the Provincial People's Committee has not notified as prescribed in Section 2 and 15 days from the date the Ministry of Culture, Sports, and Tourism concludes the above case, the Ministry of Culture, Sports, and Tourism shall notify in writing that the Provincial People's Committee is not eligible to issue a Film rating certificate.

- After the Ministry of Culture, Sports, and Tourism announces that the Provincial People's Committee is not eligible to issue Film rating certificates, the Provincial People's Committee can continue to issue Film rating certificates as follows:

+ After 07 working days from the date of correction as prescribed in Points a, b, c of Clause 1 of Article 2, and notification specified in Clause 1 and Clause 2 of Article 3 is made according to Circular 17/2023/TT-BVHTTDL;

+ The failure to make notification as prescribed in Section 2 has been resolved;

+ After 06 months from the date of notification by the Ministry of Culture, Sports, and Tourism regarding regulations on the issuance of Film rating certificates that do not comply with regulations 02 times in a row for Type P, Type T18, Type T16, Type T13, and Type K, the Provincial People's Committee shall make the notification according to the provisions of Clause 1 and Clause 2, Article 3 of Circular 17/2023/TT-BVHTTDL;

+ After 12 months from the date, the Ministry of Culture, Sports, and Tourism notifies the regulations on the issuance of Film rating certificates that do not comply with Regulation 01 time for Type C and the Provincial People's Committee implements the notification specified in Clause 1 and Clause 2 of Article 3 of Circular 17/2023/TT-BVHTTDL.

- During the time the Provincial People's Committee is not eligible to issue a Film rating certificate according to the announcement of the Ministry of Culture, Sports, and Tourism, the received application for a Film rating certificate will be processed as follows:

+ For dossiers that have not yet been appraised and classified by the Film Appraisal and Classification Council, the receiving agency will return the dossiers and film appraisal and classification fees to the organization or individual;

+ For dossiers that the Film Appraisal and Classification Council has evaluated and classified, the agency receiving the dossier will continue to issue the Film rating certificate according to regulations.

2. Notice of eligibility for Film rating certificate in Vietnam

Every year, from January 1 to January 15, when meeting the conditions for issuance of Film rating certificate specified in Clause 1 and Clause 2, Article 2 of Circular 17/2023/TT-BVHTTDL, the Provincial People's Committees carry out the following:

- Send notification to the Ministry of Culture, Sports, and Tourism (Cinema Department) about eligibility to issue Film rating certificate (according to the form specified in the Appendix issued with this Circular).

- Post on the Electronic Information Portal or Website of the Provincial People's Committee regarding eligibility for Film rating certificate.

- After 07 working days from the date of notification of the above regulations, the Provincial People's Committee will be granted a Film rating certificate until January 31 of the following year.

Nguyen Ngoc Que Anh

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