Regulations on conditions for film rating for dissemination in cyberspace in Vietnam

Regulations on conditions for film rating for dissemination in cyberspace in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Regulations on conditions for film rating for dissemination in cyberspace in Vietnam

According to Clause 1, Article 12 of Decree 131/2022/ND-CP, conditions for film rating for dissemination in cyberspace include:

- Having film rating councils or technical software or mechanisms for performing film rating according to regulations on film rating of Vietnam and be responsible for film rating results;

- Having schemes for amendments to and update on film rating results at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam.

Having administration tools that support film rating following each criterion with flexible display as soon as the film rating is updated or changed;

- Having technical schemes and procedures for suspending the dissemination or removing films at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam. After receiving requests for film removal, operating departments shall perform procedures for removing films on administration tools.

2. Procedures for film rating eligibility for dissemination in cyberspace in Vietnam

2.1. Applications for film rating eligibility for dissemination in cyberspace in Vietnam

Applications for film rating eligibility for dissemination in cyberspace in Vietnam must comply with the provisions of Clause 2, Article 12 of Decree 131/2022/ND-CP, specifically as follows:

(i)  Documents providing focal points and contact information to receive and process requests of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam;

(ii) Reports presenting contents following Section 1.

2.2. Procedures for film rating eligibility for dissemination in cyberspace in Vietnam

Specifically, in Clauses 3, 4, 5, Article 12 of Decree 131/2022/ND-CP, procedures for applying for for film rating eligibility for dissemination in cyberspace in Vietnam include:

- Enterprises, public service providers, and organizations that disseminate films in cyberspace shall apply 1 dossier via the National Public Service Portal or by post or directly to competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam;

- Within 15 days after receiving the valid applications, competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam shall accept reports, provide written answers, and disclose names of enterprises, public service providers, and organizations that have film rating eligibility for dissemination in cyberspace on the System of Data on Film Rating in Cyberspace. In case the applications are ineligible, provide answers and explanations in writing.

+ In case of changes to contents prescribed in Point a Clause 2 of Article 12 of Decree 131/2022/ND-CP, enterprises, public service providers, and organizations that disseminate films in cyberspace shall submit notifications of changed contents to competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam.

Within 5 working days after receiving notifications, in case of disagreement, competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam shall provide answers and explanations in writing.

In case of changes to contents prescribed in Point b Clause 2 of this Article, enterprises, public service providers, and organizations that disseminate films in cyberspace shall re-perform the procedures prescribed in Clause 3 of Article 12 of Decree 131/2022/ND-CP.

+ If enterprises, public service providers, and organizations eligible for performing film rating for dissemination in cyberspace have film rating results inconsistent with results provided by competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam during inspection:

++ The mentioned entities shall amend and update film rating results at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam;

++ The mentioned entities are considered ineligible for performing film rating when the film rating results or the display of film rating results are inconsistent with the results provided by competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam for more than 5 times in a month regarding Type P, Type T18, Type T16, and Type T13.

If the mentioned results are inconsistent for 2 times in 6 months regarding Type C, perform film rating procedures prescribed in Point b Clause 2 Article 21 of the Law on Cinematography 2022;

After 3 months, comply with Clause 2 and Clause 3 of Article 12 of Decree 131/2022/ND-CP to continue performing film rating.

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