Principles for limiting the use of images of actors using tobacco in cinematic and theatrical works in Vietnam

Principles for limiting the use of images of actors using tobacco in cinematic and theatrical works in Vietnam
Nguyen Thi Diem My

On November 27, 2024, the Minister of Culture, Sports and Tourism of VIetnam issued Circular 14/2024/TT-BVHTTDL which regulates the restriction on the use of images of actors using tobacco in cinematic and theatrical works in Vietnam.

Principles    for    Limiting    the    Use    of    Actor    Images    with    Tobacco    in    Film,    Stage    Works

Principles for limiting the use of images of actors using tobacco in cinematic and theatrical works in Vietnam​ (Image from the internet)

1. Principles for limiting the use of images of actors using tobacco in cinematic and theatrical works in Vietnam​

The images of actors using tobacco should not be used in cinematic and theatrical works in Vietnam, except in the following cases:

- The use of actor images with tobacco is intended to criticize and condemn the prohibited actions as prescribed in Article 9 and violations of the obligations of tobacco users as prescribed in Article 13 of the Law on Prevention and Control of Tobacco Harm.

- The use of actor images with tobacco in film and stage works is for artistic purposes, as referred to in sections 2 and 3.

(Article 3 Circular 14/2024/TT-BVHTTDL)

2. Regulations using actor images with tobacco on stage for artistic purposes in Vietnam

- The use of actor images with tobacco for artistic purposes on stage in Vietnam includes:

+ Depicting actual historical figures;

+ Recreating a specific historical period;

+ Criticizing and condemning tobacco use.

- When using tobacco for artistic purposes, actors should not actually smoke on stage.

(Article 4 Circular 14/2024/TT-BVHTTDL)

3. Regulations on using actor images with tobacco in film for artistic purposes in Vietnam

- The use of actor images with tobacco in films for artistic purposes includes:

+ Depicting actual historical figures;

+ Recreating a specific historical period;

+ Criticizing and condemning tobacco use.

+ Other cases decided by competent state authorities based on recommendations from the Film Appraisal and Classification Council.

- If a film has many scenes of actors using tobacco, as evaluated by the Film Appraisal and Classification Council, the distribution must meet the following requirements:

+ The film must be classified according to the criteria and carry out classification and warning as prescribed in Circular 05/2023/TT-BVHTTDL, which specifies film classification criteria and displays classification levels and warnings.

+ There must be health warnings about the harms of tobacco in text or image form.

(Article 5 Circular 14/2024/TT-BVHTTDL)

4. Prohibited acts on prevention and control of tobacco harm in Vietnam according to the law

- Manufacturing, trading, importing, storing, transporting counterfeit tobacco products, products designed to appear like packs, packages, or cigarettes; trading, storing, transporting smuggled tobacco materials and products.

- Advertising, promoting tobacco; direct marketing of tobacco to consumers in any form.

- Sponsorship by tobacco business organizations or individuals, except as provided in Article 16 of the Law on Prevention and Control of Tobacco Harm 2012.

- Use, purchase, or sale of tobacco by persons under 18.

- Employing persons under 18 to buy or sell tobacco.

- Selling or supplying tobacco to persons under 18.

- Selling tobacco through vending machines; smoking or selling tobacco in prohibited places.

- Using tobacco images in the media, publications intended for children.

- Persuading or coercing others to use tobacco.

(Article 9 Law on Prevention and Control of Tobacco Harm 2012)

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