Procedures for recognition of eligibility for rating popular films in cyberspace in Vietnam

Procedures for recognition of eligibility for rating popular films in cyberspace in Vietnam (Internet image)

The Ministry of Culture, Sports and Tourism of Vietnam issues Decision 261/QD-BVHTTDL in 2023 announcing new, revised, supplemented and abolished administrative procedures in the field of Cinema under the management function of the Ministry of Culture, Sports and Tourism, effective from February 20, 2023.

1. Application for recognition of eligibility for rating popular films in cyberspace

An application for recognition of eligibility for rating popular films in cyberspace includes:

- Documents providing clues and contact information to receive and handle requests of the Cinema Department (as prescribed in Clause 1, Article 15 of Decree 131/2022/ND-CP);

- A report explaining the following contents (as prescribed at Point b, Clause 2, Article 12 of Decree 131/2022/ND-CP):

+ Having a film classification council, having technical software, or having a mechanism for rating movies according to Vietnam's regulations on film classification and taking responsibility for the results of film classification;

+ Have a plan to amend and update the film classification results at the request of the Cinema Department. The administrative tool must support the classification of movies according to each criterion and display the change in classification immediately after the movie is updated.

+ Having a technical plan and process for suspending and removing films at the request of the Cinema Department. After receiving a request to remove the film, the operator must go through the process to perform the film removal on the administrative tool.

2. Procedures for recognition of eligibility for rating popular films in cyberspace

Enterprises, non-business units, and organizations shall submit 01 set of dossiers via the National Public Service Portal, by post, or directly to the Cinema Department.

The Film Department that receives the dossier is responsible for checking the validity of the dossier, writing a receipt, and scheduling a time to return the results.

Within 15 days from the date of receipt of complete and valid dossiers, the Film Department shall receive the report, reply in writing, and publicly post the names of enterprises, non-business units, and organizations eligible for movie classification in cyberspace on the Data System for Film Rating in Cyberspace.

In case the dossier is not eligible, a written reply must be given clearly stating the reason.

In case of changes to the contents specified at Point a, Clause 2, Article 12 of Decree 131/2022/ND-CP, enterprises, non-business units, and organizations disseminating films in cyberspace are responsible for sending notices of changed contents to the Cinema Department. Within 05 working days from the date of receipt of the notice, if it disagrees, the Cinema Department must reply in writing and clearly state the reason.

In case of changes to the contents specified at Point b, Clause 2, Article 12 of Decree 131/2022/ND-CP, enterprises, non-business units, and organizations that disseminate films in cyberspace must re-implement the order and procedures specified in Clause 3, Article 12 of Decree 131/2022/ND-CP.

3. Time limit for processing requests for recognition of eligibility for rating popular films in cyberspace

The time limit for processing a request for recognition of eligibility for rating popular movies in cyberspace is 15 days from the date of receipt of a complete and valid dossier.

4. Competency in issuing Film Rating Licenses in Vietnam

The competency in issuing Film Rating Licenses is as follows:

- The Ministry of Culture, Sports, and Tourism of Vietnam shall issue Film Rating Licenses for the dissemination of films in cinemas; at public screening venues; on the internet for cases prescribed in Point b Clause 2 Article 21 of the Law on Cinematography 2022; at diplomatic missions and foreign facilities of culture established in Vietnam as prescribed in Article 24 of the Law on Cinematography 2022;

- People’s Committees of provinces may issue Film Rating Licenses if they satisfy the requirements promulgated by the Minister of Culture, Sports, and Tourism of Vietnam.

(Clause 1, Article 27 of the Law on Cinematography 2022)

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