Penalties for violations against film distribution regulations in Vietnam

Penalties for violations against film distribution regulations in Vietnam (Internet image)

What is film distribution?

According to Clause 3, Clause 7, Article 3 of the Law on Cinematography 2022, regulations on film distribution are as follows:

- Cinematographic activities means activities of producing, distributing films, promoting the development of cinematography, submitting films for legal deposit and archive, and training the cinematographic personnel.

- Film distribution means trading, purchasing, selling, leasing, exporting, or importing films.

Pursuant to Chapter III of the Law on Cinematography 2022 stipulates the film distribution in Vietnam as follows:

* According to Article 15 of the Law on Cinematography 2022, the rights and tasks of cinematographic facilities that distribute films in Vietnam are as follows:

- Cinematographic facilities that distribute films may:

+ Distribute films in Vietnam and abroad;

+ Trade, purchase, sell, lease, export, and import films according to the law.

- Cinematographic facilities that distribute films shall:

+ Ensure the film distribution follows the registered business and assigned or approved functions and tasks;

+ Ensure the distributed films comply with the Law on Cinematography 2022 and relevant laws;

+ Take legal liability for the contents of distributed films.

* According to Article 16 of the Law on Cinematography 2022, film trading, purchase, sale, and leasing are as follows: Organizations and individuals shall trade, purchase, sell, or lease films according to the Law on Cinematography 2022 and relevant laws.

* According to Article 17 of the Law on Cinematography 2022 stipulating the film exportation and importation in Vietnam:

+ Organizations and individuals may only export films with Film Rating Licenses or Broadcast Decisions.

+ Organizations and individuals that import films must make written commitments to not violate regulations prescribed in Article 9 of this Law regarding film contents and submit them to the Ministry of Culture, Sports, and Tourism of Vietnam.

+ Heads of organizations and individuals that import films shall take legal liability for the contents of imported films to disseminate them; manage and use films for research, education, archive, and internal circulation.

+ The State shall encourage and facilitate organizations and individuals to participate in film exportation.

Penalties for violations against film distribution regulations in Vietnam

According to the provisions of Article 7 of Decree 38/2021/ND-CP on fines for violations against film distribution regulations in Vietnam:

- Imposing the fine ranging from 1,000,000 dong to 5,000,000 dong for one of the following violations:

+ Selling and renting films for internal use;

+ Erasing and modifying content of security labels or stickers on tapes and discs.

- Imposing a fine ranging from 5,000,000 dong to 10,000,000 dong for the act of selling or renting tapes or discs without security labels or stickers, or tapes or discs of films obtaining dissemination permits on which security labels or stickers are not the right ones.

- Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for the act of fraudulently swapping contents of films with security labels or stickers.

- Imposing the fine ranging from 15,000,000 dong and 20,000,000 dong for the act of releasing films when dissemination permits are not granted yet, except in case of imported films.

- Imposing the fine ranging from 20,000,000 dong and 25,000,000 dong for the act of releasing films when decisions on recall, confiscation, prohibition against dissemination or destruction of such films are already issued.

Besides, according to Clause 6, Article 7 of Decree 38/2021/ND-CP stipulating an additional form of sanction for violations against film distribution regulations in Vietnam, which is confiscating exhibits involved in the violations referred to in clause 1 of Article 7 of Decree 38/2021/ND-CP.

In addition, Clause 7, Article 7 of Decree 38/2021/ND-CP stipulating remedial measures for acts of violations against film distribution regulations in Vietnam include:

- Compelling the destruction of tapes or discs or materials containing films with respect to the acts specified in clause 2, 3 and 4 of this Article;

- Compelling the destruction of cultural products having detrimental effects for any violation specified in clause 5 of Article 7 of Decree 38/2021/ND-CP;

- Compelling the disgorgement of illegal gains from commission of the violations defined in clause 1, 2, 3, 4 and 5 of Article 7 of Decree 38/2021/ND-CP.

Thus, violations of film distribution can be fined up to VND 25,000,000 for individuals and up to VND 50,000,000 for organizations.

If the violations fall under Clauses 6 and 7, Article 7 of Decree 38/2021/ND-CP, the violating organizations and individuals will be forced to implement additional sanctions and remedial measures as prescribed.

Nguyen Pham Nhut Tan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE