The Government has issued Decree 22/2022/ND-CP amending Decree 32/2012/ND-CP on management of export and import of cultural products for non-commercial purposes. Accordingly, there are a number of new regulations on film import as follows:
Article table of contents
New regulations on film import from May 10, 2022 (Artwork)
1. Additional authority to grant film import licenses
In Clause 3, Article 1 of Decree No. 22/2022/ND-CP , the Department of Culture, Sports and Tourism is entitled to issue licenses to import cultural products for individuals and local organizations:
Films for distribution and dissemination in accordance with the law imported by local Radio and Television Stations.
In addition, according to Clause 2, Article 1 of Decree 22/2022/ND-CP , the Ministry of Culture, Sports and Tourism issues permits to import cultural products in the following cases:
- Cultural products for exchange, cooperation and aid; participate in exhibitions, competitions and festivals at the national level;
- Films for distribution and dissemination in accordance with the law nationwide.
(Currently, movies and television series are for dissemination and distribution in accordance with the law nationwide or in two or more localities).
- Relics and antiquities for exhibition or display in museums;
- Cultural products specified in Clause 1, Article 6 of Decree No. 32/2012/ND-CP to serve professional and research work of Ministries and branches at central level, after consulting in writing of relevant ministries and branches;
- Cultural products for use or other purposes nationwide or in different localities.
Thus, from May 10, 2022, the Department of Culture, Sports and Tourism has the authority to issue a license to import films for distribution and dissemination in accordance with the law imported by local radio and television stations.
2. Supplementing regulations on revocation of film import licenses
Specifically, the film import licensing agency revokes the film import license when detecting that the film's content violates the prohibition provisions in the Law on Cinema (according to Clause 4, Article 1 of Decree 22/2022/ND-CP ).
3. Supplementing regulations on procedures for granting a film import license
* A dossier of application for a license includes (01 set):
+ An application form for a license from an individual or organization, clearly stating the type of cultural product, content, quantity, origin, purpose of use and scope of use (the application form is made by the Ministry of Culture and Sports. Sports and Tourism issued uniformly throughout the country);
+ Certificate of copyright; contract; a summary translation in Vietnamese of the film's content and a written commitment to take responsibility for the imported film content without violating the law; authorization letter; certify or commit to legal ownership of relics and antiquities;
(Compared to the current one, supplemented with a written commitment to be responsible for imported film content that does not violate the provisions of law)
+ Copy of bill of lading or receipt of goods (if any).
- Individuals and organizations are responsible for providing imported cultural products and customs declarations (copy does not need to be authenticated) to the licensing agency for assessment.
For imported cultural products that are films : The organization is responsible for providing the imported film copy and the customs declaration (submit a certified copy or a copy and present the original for comparison in case of submission of the application). documents in person, submit a certified true copy in case the application is submitted by post) within 30 days from the date of issuance of the import permit for inspection. (Additional content)
The import licensing agency shall have a record of assessment and handover of the film based on the dossier and summary of the film's content.
- Individuals who import films only for personal use commits not to violate the prohibition provisions in the Law on Cinema and use the films in accordance with the provisions of the law. (Additional content)
4. Adding regulations on the time limit for granting permits and assessing imported films
* About the license term:
- Within 02 working days from the date of receipt of a complete and valid application, the licensing authority must issue a permit.
- For film cultural products: Within 03 working days from the date of receipt of complete and valid documents, the licensing authority must issue a permit. (Additional content)
* Regarding the assessment period:
- The maximum time for assessment of imported cultural products is not more than 12 working days.
- For film cultural products: The time for film assessment shall not exceed 12 working days from the date the organization provides the film copy. (Additional content)
Decree 22/2022/ND-CP takes effect from May 10, 2022. For dossiers of application for import permits submitted before May 10, 2022 but not yet granted permits, the provisions of Decree 32/2012/ND-CP shall continue to be followed .
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