Procedure for selecting film production projects with funding from the state budget in Vietnam

Procedure for selecting film production projects with funding from the state budget in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. What is production of films with funding from the state budget?

According to Article 7 of Decree 131/2022/ND-CP, films produced by using funding from the state budget are specific cultural products associated with copyright, from the composition to completion.

The production of films with funding from the state in Vietnam is stipulated as follows:

- Regarding documentaries, scientific films, and cartoons according to the plans to serve political tasks on the topics of history, revolution, leaders, notables, national heroes, children, highlands, mountainous areas, borders, islands, ethnic minority areas, and preservation and promotion of Vietnam’s cultural values, perform methods of assigning tasks or ordering.

- Regarding feature films and films of combined genres:

+ Perform methods of assigning tasks and ordering regarding film production projects according to the plans to serve political tasks on the topics of history, revolution, leaders, notables, national heroes, children, highlands, mountainous areas, borders, islands, and ethnic minority areas;

+ Perform bidding methods regarding film production projects according to the plans to serve political tasks on topics of the preservation and promotion of Vietnam’s cultural values.

2. Procedure for selecting film production projects with funding from the state budget in Vietnam

According to the approved film production plan and the script assessment result of the Council assessing film production scripts with funding from the state budget, the investor and project management agency shall select film production projects in Vietnam as follows:

(1) Regarding methods of assigning tasks and ordering

- Cinema establishments producing films with selected scripts shall compile a film production project dossier and send it to the project management agency to submit to the Council for selection of film production projects funded with the state budget, including:

+ Documents according to the provisions of law on assigning tasks, ordering public products and services using the state budget.

+ Documents proving financial capacity, production plan and schedule.

+ Estimation of film production costs (for the method of assigning tasks) or a plan of ordering prices for film production (for the method of ordering), including:

(i) Total film production cost estimate;

(ii) A list of technical equipment (with specific codes, symbols, features, and specifications) serving the film production project (including existing equipment and hired or rented equipment);

(iii) Cost of wages and salaries.

+ Schemes for film distribution and dissemination.

+ Written guarantee of copyright for the film script.

+ Regarding feature films and films of combined genres, the documents shall include:

(i) Scripts, storyboards, and film production schemes;

(ii) A list of several titles of cinematographic work creation, including director, screenwriter, cinematographer, and film producer.

+ Regarding documentaries, scientific films, and cartoons, the documents shall include:

(i) Scripts, storyboards, and clusters of filming backgrounds; 

(ii) A list of several titles of cinematographic work creation, including director, screenwriter, artist (regarding cartoons), cinematographer, and film producer.

- The Council selecting film production projects with funding from the state budget established by the investor shall receive the Dossier and perform the assessment following regulations promulgated by the Minister of Culture, Sports and Tourism of Vietnam.

The assessment result of the Council shall be used to provide advisory services for the investor to consider and decide on the selection of film production projects with funding from the state budget and the method or decide on the selection between the method of assigning tasks or the method of ordering.

If the method of ordering is selected, the decision on the maximum and specific price shall comply with laws on prices;

- The project management agency shall sign the contract of ordering the film production with the cinematographic facility or present it to the investor to assign tasks to the cinematographic facility with the selected film production project.

(2)

Regarding the bidding methods, comply with laws on procurement, and Dossiers are stipulated as follows:

- Documents following laws on procurement.

- Documents proving financial capacity, plans, and production progress.

- Film production cost estimates, including:

+ Total film production cost estimate;

+ A list of technical equipment (with specific codes, symbols, features, and specifications) serving the film production project (including existing equipment and hired or rented equipment);

+ Cost of wages and salaries.

- Schemes for distribution and dissemination and profit sharing schemes. 

+ Expected distribution costs;

+ Expected distribution profits.

- Written guarantee of copyright for the film script.

- Regarding feature films and films of combined genres, the documents shall include:

+ Scripts, storyboards, and film production schemes;

+ A list of several titles of cinematographic work creation, including director, screenwriter, cinematographer, and film producer.

- Regarding documentaries, scientific films, and cartoons, the documents shall include:

+ Scripts, storyboards, and clusters of filming backgrounds; 

+ A list of several titles of cinematographic work creation, including director, screenwriter, artist (regarding cartoons), cinematographer, and film producer.

(Article 8 of Decree 131/2022/ND-CP)

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