Conditions for issuance of Film Rating Licenses by the Provincial People's Committee in Vietnam as of March 1, 2024

Conditions for issuance of Film Rating Licenses by the Provincial People's Committee in Vietnam as of March 1, 2024 (Internet image) 

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

1. Conditions for issuance of Film Rating Licenses by the Provincial People's Committee in Vietnam as of March 1, 2024

- Provincial People's Committees are granted Film Rating Licenses for documentaries, scientific films, and animated films produced or imported by cinema establishments headquartered in the province when the following conditions are met:

+ Have a Film Appraisal and Rating Council that meets the regulations in Circular 11/2023/TT-BVHTTD regulating the organization and operation of the Film Appraisal and Rating Council;

+ Have facilities and technical film projection equipment suitable for film formats to ensure the service of film appraisal and classification;

+ There is a connection to the National Public Service Portal for organizations and individuals to apply for Film Rating Licenses.

- Provincial People's Committees are granted Film Rating Licenses for feature films and films combining many types produced or imported by cinema establishments headquartered in the province when the following conditions are met:

+ Have a Film Appraisal and Rating Council that meets the regulations in Circular 11/2023/TT-BVHTTD stipulating the organization and operation of the Film Appraisal and Rating Council;

+ Have facilities and technical film projection equipment suitable for film formats to ensure the service of film appraisal and classification;

+ There is a connection to the National Public Service Portal for organizations and individuals to apply for Film Rating Licenses.

+ In the immediately preceding year (calculated from January 1 to December 31), the film establishments headquartered in the province that produce at least 10 feature films and films combining many genres have been granted Film Rating Licenses and are allowed to be disseminated.

(Article 2 of Circular 17/2023/TT-BVHTTDL)

2. Case where the Provincial People's Committee does not ensure the conditions for granting Film Rating Licenses

- Provincial People's Committees are not eligible to issue Film Rating Licenses without making the notification specified in Article 3 of Circular 17/2023/TT-BVHTTDL.

- Provincial People's Committees are not eligible to issue Film Rating Licenses 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 the following cases:

+ The actual conditions are not in accordance with the notice specified in Article 3 of Circular 17/2023/TT-BVHTTDL;

+ Issuing Film Rating Licenses improperly 02 times in a row within 06 months for Type P, Type T18, Type T16, Type T13, and Type K;

+ Issued Film Rating Licenses 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 Article 3 of Circular 17/2023/TT-BVHTTDL and 15 days from the date the Ministry of Culture, Sports, and Tourism concludes the case specified in Clause 2 of this Article, the Ministry of Culture, Sports, and Tourism announced in writing that the Provincial People's Committee is not eligible to issue Film Rating Licenses.

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

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

+ The failure to implement notification as prescribed in Article 3 of Circular 17/2023/TT-BVHTTDL has been overcome;

+ After 06 months from the date when the Ministry of Culture, Sports, and Tourism notifies the provisions in Point b of Clause 2 of Article 4 of Circular 17/2023/TT-BVHTTDL and the Provincial People's Committee implements 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 when the Ministry of Culture, Sports, and Tourism notifies the provisions at Point c, Clause 2, Article 4 of Circular 17/2023/TT-BVHTTDL, and the Provincial People's Committee implements the notification specified in Clause 1 and Clause 2, Article 3 of Circular 17/2023/TT-BVHTTDL.

- During the time when the Provincial People's Committee is ineligible to issue Film Rating Licenses according to the announcement of the Ministry of Culture, Sports, and Tourism, the received application for Film Rating Licenses will be processed as follows:

+ For dossiers that have not yet been appraised and classified by the Film Appraisal and Rating 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 Rating Council has already appraised and classified, the agency receiving the dossier will continue to issue Film Rating Licenses according to regulations.

(Article 4 of Circular 17/2023/TT-BVHTTDL)

Circular 17/2023/TT-BVHTTDL takes effect on March 1, 2024.

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