Legal Provisions on Cinematography Law
We often see vivid cinematic works on screen, whether animated films, documentaries, television series, or motion pictures produced domestically or internationally. Have you ever wondered what legal conditions must be satisfied for a film to be completed and released? This article does not address technical elements such as scripts, sound, or visuals; rather, it focuses solely on the legal provisions under the Law on Cinematography. To release and publicly screen a film, the producer must obtain the requisite licenses and approvals. The following summarizes the key legal aspects:
- Conditional Business Lines
The business activity of film distribution services falls under Section 192 of Appendix IV – List of Conditional Business Lines and Investment Sectors attached to the Law on Investment.
- Considerations for Foreign Investors in the Cinematography Sector
Forms of investment include:
- (i) Establishing an economic organization with foreign investment capital, or contributing capital, purchasing shares, or purchasing equity capital in an enterprise. Notably, the foreign investor’s capital contribution must not exceed 51% of the charter capital;
- (ii) Business cooperation contracts (BCCs).
⚠️ Note: Cultural centers, film screening units, public film clubs and associations, and mobile film screening teams of Viet Nam are prohibited from entering into business cooperation contracts or joint ventures with foreign film service providers.
- Prohibited Content and Activities in Cinematography
3.1 Prohibited Film Content:
(a) Violating the Constitution or laws; inciting opposition or obstructing enforcement thereof;
(b) Propagating against the State of the Socialist Republic of Viet Nam; undermining national unity; infringing national interests, cultural values; insulting the National Flag, Party Flag, National Emblem, or National Anthem;
(c) Inciting aggressive war; instigating hatred or discrimination among nations or peoples; spreading reactionary ideologies, social evils; undermining culture, morality;
(d) Distorting history; denying revolutionary achievements; insulting national heroes or sovereignty; defaming institutions or individuals;
(e) Promoting terrorism or extremism;
(f) Inciting or insulting beliefs or religions; advocating illegal religious activities;
(g) Disclosing State secrets, personal privacy, or other legally protected secrets;
(h) Inciting violence or crimes through depictions of cruel acts, torture, killings, unless for condemnation or educational purposes;
(i) Obscene, pornographic, incestuous depictions;
(k) Violations of lawful rights and interests of children or minors;
(l) Violations of gender equality principles, gender discrimination.
3.2 Prohibited Acts in Cinematography Activities:
(a) Distributing or screening films without a valid Film Classification License or Broadcast Decision;
(b) Disseminating films online without classification and display of the film rating;
(c) Altering or falsifying licensed film content or classification results;
(d) Producing, distributing, storing films in violation of the Law on Cinematography, Intellectual Property Law, or related laws;
(e) Distributing films subject to license revocation;
(f) Copying films without the rights holder’s consent, unless otherwise provided by law;
(g) Failing to notify competent authorities of public film screenings;
(h) Unlawful issuance of Film Classification Licenses.
- Foreign Entities Using Film Production Services in Viet Nam
Foreign organizations or individuals must ensure:
(a) A written agreement or service contract with a licensed Vietnamese cinematography entity;
(b) Films produced in Viet Nam comply with the Cinematography Law;
(c) Filming on Vietnamese locations requires a permit from the Ministry of Culture, Sports and Tourism (“MCST”).
- Application Dossier for Location Filming Permits (for foreign entities):
(a) Application form prescribed by MCST;
(b) Summary script and detailed filming script in Vietnamese;
(c) Service contract with a Vietnamese cinematography entity;
(d) Written undertaking not to violate the Cinematography Law.
- Licensing Procedure for Location Filming Services
Foreign entities or their Vietnamese service providers must submit one (01) dossier via the National Public Service Portal, postal service, or directly to MCST.
- MCST must issue a permit within 20 days of receiving a valid dossier. If refused, a written explanation must be provided.
- If the script violates Article 9 of the Law on Cinematography or the dossier requires amendment, MCST shall issue the permit within 20 days from receipt of the revised materials.
- Export and Import of Films
Only films with a valid Film Classification License or Broadcast Decision may be exported or imported.
- Film Distribution in Cinemas
Cinematography establishments must:
(a) Be duly established enterprises or public service units;
(b) Operate cinemas that meet technical standards prescribed by MCST.
They have rights to:
- Refuse service to individuals carrying prohibited items, using intoxicants, or disrupting order;
- Prevent illegal recording or broadcasting;
- Request violators to leave and report to competent authorities.
- Film Broadcasting on Television
Broadcasting agencies must:
(a) Possess a television broadcasting license under the Press Law;
(b) Obtain a valid Broadcast Decision for airing films on Vietnamese television systems, on-demand television services, or online broadcasting platforms.
- Film Classification Licenses
- MCST issues licenses for films screened in cinemas, public venues, online, or foreign cultural centers in Viet Nam;
- Provincial People’s Committees may issue licenses if meeting statutory conditions.
- Licenses are valid nationwide.
Dossier: Application form, proof of ownership, completed film, and a Vietnamese synopsis (for foreign films).
Timeline: Within 15 days, the competent authority must issue a license or provide a written refusal.
- Film Classification Categories
- P: All ages;
- K: Under 13 with parental/guardian accompaniment;
- T13: Ages 13+;
- T16: Ages 16+;
- T18: Ages 18+;
- C: Prohibited from distribution.
- Film Classification Criteria
(a) Theme and content;
(b) Violence;
(c) Nudity and sexual content;
(d) Drugs and addictive substances;
(e) Horror elements;
(f) Profanity;
(g) Dangerous or easily imitable acts.
Legal Basis:
- Law on Cinematography 2022;
- Circular No. 05/2023/TT-BVHTTDL on film classification criteria and display of classification ratings and warnings.
