Operating principles of the Film Appraisal and Rating Council in Vietnam (Latest)

Operating principles of the Film Appraisal and Rating Council in Vietnam (Latest) (Internet image)

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

On October 5, 2023, the Minister of Culture, Sports, and Tourism issued Circular 11/2023/TT-BVHTTDL regulating the organization and operation of the Film Appraisal and Rating Council.

Functions of the Film Appraisal and Rating Council in Vietnam

The Council has the function of appraising and classifying films to advise the Ministry of Culture, Sports, and Tourism, the Provincial People's Committee (hereinafter referred to as the licensing agency), and a press agency with a television operation license (hereinafter referred to as the broadcasting decision-issuing agency) before issuing the film classification license and broadcasting decision according to the provisions of Article 31 of the Law on Cinematography 2022.

(Article 4 of Circular 11/2023/TT-BVHTTDL)

Operating principles of the Film Appraisal and Rating Council in Vietnam

The activities of the Film Appraisal and Rating Council must comply with the principles specified in Article 7 of Circular 11/2023/TT-BVHTTDL, specifically as follows:

(1) The Council works according to the principles of democratic centralism, public discussion, and decisions based on the majority of the appraisal results of Council members.

(2) A valid meeting to evaluate and classify films of the Council must be attended by more than 1/2 of the total number of members, including the Chairman or Vice Chairman.

(3) The Council's film appraisal and classification conclusions must be agreed upon by 2/3 or more of the members present and recorded in the Council's Minutes of Film Appraisal and Classification signed by the President or Vice President (authorized).

In case a Council member participates in the production of a film submitted for appraisal and classification, he or she will not participate in the appraisal or classification of that film.

(4) The licensing agency and broadcasting decision-issuing agency organize and invite the Council to meet to evaluate the Council's activities at least 01 (one) time/year.

(5) Council members' film appraisal and classification forms are kept with the film appraisal and classification records. Records are kept at the licensing agency and the broadcasting decision-issuing agency.

(6) The Council for appraising and classifying popular films in cyberspace operates in a centralized or non-centralized form, with 100% of the total members of the Council participating in the appraisal. Members of the Film Appraisal and Rating Council send the Film Appraisal and Classification Form according to Form No. 04 Appendix I issued with Circular 11/2023/TT-BVHTTDL to the Council Secretary for synthesis.

(7) The Council works in a centralized manner to implement regulations in (1), (2), (3), (4), (5). The Council works in a non-centralized form, following (4), (5), and (6).

(8) The licensing agency and broadcasting decision-issuing agency ensure the organization and operation of the Councils.

Composition of the Film Appraisal and Rating Council in Vietnam

Specifically, Clause 1, Article 6 of Circular 11/2023/TT-BVHTTDL stipulates the composition of the Film Appraisal and Rating Council as follows:

The composition of the Council includes the Chairman, Vice Chairman, and Commissioners, including representatives of the licensing agency or broadcasting decision-making body, film experts, experts, and managers in related fields, ensuring the principle of gender equality as prescribed in Clause 2 and Article 31 of the Law on Cinematography 2022.

- For the Council specified in Points a, b, and c, Clause 1, Article 5 of Circular 11/2023/TT-BVHTTDL, the Chairman of the Council is a film expert, and the Vice Chairman of the Council is a representative of the licensing agency, the authorized or decentralized licensing agency;

- For the Council specified in Point a, Clause 1, Article 5 of Circular 11/2023/TT-BVHTTDL, 2/3 of the Council members are film experts;

- For the Council specified in Point c, Clause 1, Article 5 of Circular 11/2023/TT-BVHTTDL, council members include representatives of licensing agencies, film experts, experts, representatives of propaganda, security, diplomatic agencies, and other relevant agencies;

- In cases of necessity, the head of the licensing agency or broadcasting decision-issuing agency, after reaching agreement with the Chairman of the Council, may invite experts from other related fields to participate in consultation.

Experts participating in appraisals receive remuneration according to current regulations.

Circular 11/2023/TT-BVHTTDL takes effect on November 21, 2023.

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