Regulations on film production activities in Vietnam of foreign organizations and individuals

Regulations on film production activities in Vietnam of foreign organizations and individuals (Internet image)

Regarding this issue, LawNet answers as follows:

1. Regulations on film production activities in Vietnam of foreign organizations and individuals

Regulations on film production activities in Vietnam of foreign organizations and individuals in Vietnam according to Article 13 of the Law on Cinematography 2022 are as follows:

- Foreign organizations and individuals that produce films in Vietnam shall use film production services provided by Vietnamese cinematographic facilities.

- Foreign organizations and individuals that produce films in Vietnam shall ensure the following criteria:

+ Agreement documents or contracts to provide film production services with Vietnamese cinematographic facilities;

+ Films that use film production services in Vietnam do not violate regulations prescribed in Article 9 of the Law on Cinematography 2022;

+ In the case of using filming services with the use of backgrounds in Vietnam, there must be a License to provide filming services with the use of backgrounds in Vietnam issued by the Ministry of Culture, Sports, and Tourism of Vietnam.

- Applications for the License to provide filming services with the use of backgrounds in Vietnam for foreign organizations and individuals include:

+ A written request for the issuance of the License according to the form stipulated by the Minister of Culture, Sports, and Tourism of Vietnam;

+ A summarized script of the film and a detailed script of the filming content with the use of backgrounds in Vietnam in Vietnamese;

+ An agreement document or contract to provide filming services with the use of backgrounds in Vietnam with the foreign organization or individual;

+ A written commitment not to violate regulations prescribed in Article 9 of the Law on Cinematography 2022 of the foreign organization or individual that use filming services with the use of backgrounds in Vietnam.

- Procedures for issuance of License to provide filming services with the use of backgrounds in Vietnam for foreign organizations and individuals are as follows:

+ Foreign organizations and individuals that use filming services with the use of backgrounds in Vietnam or Vietnamese cinematographic facilities that provide filming services with the use of backgrounds in Vietnam for foreign organizations and individuals shall submit a dossier of applications via the National Public Service Portal or by post or directly to the Ministry of Culture, Sports, and Tourism of Vietnam;

+ Within 20 days after receiving the valid applications, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue the License; in case of refusal, notify and provide written explanations.

In case the script is subject to amendments due to violation of regulations prescribed in Article 9 of the Law on Cinematography 2022 and relevant laws or the application is subject to amendments and supplements of information at the request of the Ministry of Culture, Sports, and Tourism of Vietnam, within 20 days after receiving the amended script or amended and supplemented application, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue the License.

In case of changes to the contents prescribed in Points a, b, and c Clause 3 of Article 13 of the Law on Cinematography 2022 after receiving the License to provide filming services with the use of backgrounds in Vietnam, foreign organizations and individuals or Vietnamese cinematographic facilities shall apply for re-issuance of the License according to the procedures prescribed in Clause 4 of Article 13 of the Law on Cinematography 2022;

In case of changes only to the contents prescribed in Point a and Point c Clause 3 of Article 13 of the Law on Cinematography 2022, within 5 working days after receiving the valid applications, the Ministry of Culture, Sports, and Tourism of Vietnam shall issue the License.

- The Ministry of Culture, Sports, and Tourism of Vietnam shall revoke the License to provide filming services with the use of backgrounds in Vietnam in the following cases:

+ Violation of regulations prescribed in Article 9 of the Law on Cinematography 2022 during film production;

+ Information in the application for the License is forged;

+ Failure to comply with the contents of the License.

2. Rights and tasks of cinematographic facilities that produce films in Vietnam

Rights and tasks of cinematographic facilities that produce films in Vietnam according to Article 10 of the Law on Cinematography 2022 are as follows:

- Cinematographic facilities that produce films may:

+ Produce or cooperate in producing films; provide film production services for Vietnamese and foreign organizations and individuals;

+ Participate in producing films with funding from the state budget;

+ Participate in film festivals, film awards, film competitions, film programs, and film weeks.

- Cinematographic facilities that produce films shall:

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

+ Compile the contents of documents on script appraisal for films produced with funding from the state budget;

+ Ensure social security, order, and safety, health care, prevention and control of fire and explosion, environmental protection, cultural heritage protection, and relevant matters as prescribed by law during the film production;

+ Send a written commitment to not violate regulations prescribed in Article 9 of the Law on Cinematography 2022 to the Ministry of Culture, Sports, and Tourism of Vietnam in case of cooperation with foreign organizations or individuals in producing films or receiving sponsorships from foreign organizations or individuals to produce films;

+ Comply with the Law on Cinematography 2022 and relevant laws.

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