Regulations on legal deposit and archive of films in Vietnam

What is film?

Based on the provisions of the Law on Cinematography 2022, film means a cinematographic work whose content is expressed by consecutive moving images or images created by technical and technological devices and has audio (or not) and other effects according to the principles of cinematographic language. A film is recorded on materials used in the cinematographic industry or via digital methods or other means of digital equipment and disseminated to viewers, including feature films, documentaries, cartoons, and films of combined genres.

Films do not include recording products for disseminating news on radio, television, and the internet; art shows, video games, recording products that show the activity of one or more people and describe events and situations, or reality shows.

Regulations on legal deposit and archive of films in Vietnam (Internet image)

Regulations on legal deposit of films in Vietnam

- A cinematographic facility that has a film with the Film Rating License according to regulations shall submit a copy of the film for legal deposit to the agency that issued the Film Rating License. Regarding a Vietnamese film with funding from the state budget, submit the script and relevant documents along with a copy of such film.

- The legal deposit period of Vietnamese films is 12 months after the film has been granted the Film Rating License; the legal deposit period of imported films shall comply with regulations in the Film Rating License.

- At the end of the legal deposit period, legal deposit agencies shall:

= Transfer the legal deposit film copy without password, its script, and attached documents to film archives for Vietnamese films produced using the state budget;

= Transfer the legal deposit film copy to film archives of Vietnamese films produced without funding from the state budget;

= Return the legal deposit film to the facility that submitted it regarding imported films.

- Cinematographic facilities shall unlock the passwords of films for comparison and inspection at the request of agencies that issue Film Rating Licenses.

Legal basis: Article 33 of the Law on Cinematography 2022.

Regulations on archive of films in Vietnam

- Film archives of agencies of culture, sports, and tourism shall archive Vietnamese films with Film Rating Licenses.

- Film archives of press agencies with licenses to operate in the field of television shall archive films of their agencies or units.

- Film archives of Ministries or central authorities shall archive films for internal circulation; scientific research agencies shall archive films of their agencies or units.

Legal basis: Article 34 of the Law on Cinematography 2022.

Rights and responsibilities of film archives in Vietnam

- Archive, provide copies, and print extracts for film owners and competent state agencies as prescribed by law.

- Cooperate with domestic or foreign organizations and individuals in preserving, archiving, and restoring films; utilize films according to agreements with film owners.

- Purchase and receive the transfer of domestic or foreign films with values for research, teaching, and learning.

- Provide archive services; sell, lease, and disseminate archived films according to agreements with film owners.

- Ensure the safety of films, their scripts, and attached documents according to technical standards.

- Take legal liability to ensure the intellectual property rights regarding their archived films.

Legal basis: Article 35 of the Law on Cinematography 2022.

Rights and tasks of film owners regarding legal deposit and archive in Vietnam

- Receive the assurance of the safety of film copies, materials, and documents attached to such films and the assurance of intellectual property rights as prescribed by law from film archives.

- Decide on the sale, lease, dissemination, and use of services regarding archived films.

- Submit films for legal deposit as prescribed in Article 33 of the Law on Cinematography 2022.

- Unlock the passwords of films for comparison and inspection at the request of competent state agencies.

Legal basis: Article 36 of the Law on Cinematography 2022.

Mai Thanh Loi

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