Vietnam: Proposing to tighten the dissemination of movies on the Internet

1.  What is disseminating films on the internet? 

Pursuant to Clause 9 Article 4 of the current Law on Cinematography 2006 of Vietnam:

“Film dissemination means the introduction of films to the public by means of projection, broadcasting on television, or posting on the Internet and other audiovisual media.”

According to the above provision, the dissemination of movies on the Internet is the presentation of movies through the form of posting on the Internet. For example, movie websites, Netflix, Vieon phone applications, …

In this regard, the Draft Law on Cinematography does not add or change the interpretation.

2. Điều kiện phổ biến phim trên không gian mạng

Pursuant to Article 19 of the Draft Law on Cinematography:

“1. Disseminating films on the Internet must comply with the following provisions: 

a) Do not violate provisions at Article 8 and Point c Clause 2 Article 13 of this Law; 

b) Show film rating and warning according to regulations promulgated by the Minister of Culture, Sports, and Tourism of Vietnam.

2. Foreign enterprises operating in the dissemination of films on cyberspace in Vietnam must set up branches or representative offices in Vietnam.” 

Thus, in order to be able to disseminate movies via the Internet, a cinema establishment must meet the following conditions:

(1) Do not violate the prohibited contents and acts in cinematographic activities, for example:

- Disseminate or incite invasive wars, cause hatred and discrimination among ethnic groups and the people of different countries; disseminate reactionary ideology and social crimes; sabotage social culture and ethics;

- Disclose state secrets, personal secrets of an individual, and other secrets as prescribed by law;

- Disseminate films without Film Rating License or Broadcast Decision of press agencies with television operation permits;

- Changing or falsifying contents of films and film rating results regarding films with Film Rating Licenses or Broadcast Decisions…

At the same time, it is necessary to ensure that the released film has a legal copyright and is responsible for the content of the released film.

(2) Show film rating and warning according to regulations promulgated by the Minister of Culture, Sports, and Tourism of Vietnam

Pursuant to Article 27 of the Draft Law on Cinematography, the classification of movies by age is regulated as follows:

a) Class P: Films are allowed to be widely disseminated to all audiences; 

b) Class PG: Movies that allow children under 13 years old to watch C13 movies provided they are accompanied by their father, mother or guardian;

c) Class C13: Films not disseminated to audiences under the age of 13;

d) Class C16: Films not disseminated to audiences under the age of 16; 

đ) Class C18: Films not disseminated to audiences under the age of 18; 

e) Class C: Films not disseminated to all audiences.

(3) Foreign enterprises operating in the dissemination of films on cyberspace in Vietnam must set up branches or representative offices in Vietnam.

 Duc Dung

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