Vietnam’s Law on Cinema 2022 of Vietnam regulates film production, distribution, and exhibition. This is an important piece of legislation for businesses operating in creative industries as it contains a number of key regulations unique to Vietnam. With this in mind, this article runs through the key details.
What is Vietnam’s Law on Cinema 2022?
The Law on Cinema 2022 is a legislative framework designed to regulate and promote the development of the cinema industry in Vietnam. It replaces the previous cinema law and introduces several updates to reflect modern industry practices and address challenges posed by digitalization.
Key provisions of the law focus on improving the management of film production, distribution, and exhibition, ensuring both domestic and foreign films meet ethical and cultural standards. It emphasises the importance of protecting national identity while fostering creativity. The law also regulates the classification of films by age, strengthens copyright protection, and sets out rules for co-production between Vietnamese and foreign filmmakers.
Additionally, the Law on Cinema 2022 promotes the export of Vietnamese films, supports film festivals, and facilitates international cooperation in the industry. It aims to enhance Vietnam’s competitiveness in the global film market while ensuring that content adheres to the country’s socio-cultural values and national security interests.
Who does Vietnam’s Law on Cinema 2022 apply to?
The Law on Cinema 2022 applies to a broad range of entities and individuals involved in the film industry in Vietnam. These include:
Domestic and foreign film producers: Companies or individuals engaged in the production of films, whether operating within Vietnam or in partnership with Vietnamese companies, must comply with the law’s regulations on film content, licensing, and production standards.
Film distributors and exhibitors: Businesses involved in distributing and screening films, including cinemas, streaming platforms, and television channels, are subject to rules on film classification, licensing, and censorship.
Film importers and exporters: Those importing foreign films into Vietnam or exporting Vietnamese films abroad must follow guidelines related to content review and approval, ensuring compliance with Vietnam’s cultural and national security standards.
Government agencies: The law also applies to state bodies responsible for managing and overseeing the cinema industry, ensuring adherence to ethical standards, intellectual property rights, and support for the growth of the local film sector.
Audiences: Though indirectly, the law also impacts the audience by determining what content is legally accessible based on age classifications and censorship regulations.
The law encompasses a wide spectrum of activities, ensuring that all stakeholders in the cinema industry adhere to Vietnam’s legal, cultural, and ethical standards.
Key provisions in the Law on Cinema 2022
The Law on Cinema 2022 of Vietnam includes several key provisions that are divided across specific articles. Here are the main provisions, citing the relevant articles:
Film Classification and Censorship (Article 32): The law establishes a strict classification system, dividing films into age-based categories (e.g., suitable for general audiences, 13+, 16+, and 18+). Before any film is distributed or screened, it must be reviewed by a regulatory body to ensure compliance with ethical standards, cultural values, and national security requirements. Films that fail to meet these criteria may be censored or banned.
Regulation of Digital and Online Platforms (Article 21): The law extends its governance to films distributed via digital platforms such as streaming services. These platforms are required to adhere to the same content regulations as traditional cinemas, including age classification and censorship guidelines. Digital distributors must submit films for approval to ensure their content aligns with Vietnamese standards.
Co-production with Foreign Entities (Article 13): The law outlines the conditions for cooperation between Vietnamese and foreign filmmakers. Foreign co-productions are encouraged but must adhere to Vietnamese regulations on content, intellectual property, and cultural preservation. Films co-produced with foreign entities must be approved by the authorities before distribution in Vietnam.
Copyright Protection (Article 38): This provision strengthens intellectual property rights within the film industry, with specific measures to combat film piracy. It ensures that both domestic and foreign filmmakers are protected under Vietnamese copyright law, promoting fair compensation for creators and safeguarding the financial integrity of the industry.
Government Support for the Film Industry (Article 5): The law mandates that the government provide financial and institutional support to the domestic film industry. This includes subsidies, tax incentives, and funding for national film festivals, training programs, and international promotion of Vietnamese cinema. The aim is to foster the growth of the local film industry and enhance its competitiveness globally.
These provisions in the Law on Cinema 2022 aim to modernise Vietnam’s regulatory framework for cinema, balancing creative freedom with cultural and security considerations.
How is the Law on Cinema 2022 enforced?
The enforcement of the Law on Cinema 2022 in Vietnam is carried out through a combination of regulatory oversight, penalties for non-compliance, and administrative measures. Several government bodies are involved in ensuring that the law’s provisions are applied consistently across the film industry.
Regulatory Oversight: The Ministry of Culture, Sports, and Tourism, specifically the Department of Cinema, is the primary authority responsible for enforcing the law. This body reviews and approves films for public distribution, ensuring they meet the content, classification, and censorship standards set forth in the law (Article 32). Films are subject to screening before they can be shown in cinemas, on television, or through online platforms.
Digital Platform Regulation: Online streaming platforms and digital distributors are required to submit their films for approval to the regulatory authorities (Article 21). If these platforms fail to comply with the law’s content and classification requirements, they can face fines, suspension of services, or revocation of operating licences. The law mandates regular monitoring of online content to ensure adherence to these standards.
Censorship and Content Review: Films that do not meet the ethical, cultural, or national security guidelines outlined in the law may be censored or banned. This includes not only traditional cinematic releases but also content distributed on digital platforms, ensuring a consistent standard of content regulation across all mediums (Articles 32 and 34).
Collaboration with Local Authorities: Local governments and agencies work alongside national bodies to enforce the law at the regional level. This includes ensuring cinemas and distribution companies within their jurisdictions comply with licensing, censorship, and classification requirements.
Penalties for Non-Compliance: The law provides for administrative penalties, such as fines, in cases where individuals or organisations violate its provisions (Article 44). This can include producing, distributing, or screening unapproved films, not adhering to copyright laws, or violating co-production regulations. Penalties are enforced to ensure the industry complies with national laws on content, intellectual property, and security.
Through these mechanisms, the Law on Cinema 2022 ensures that Vietnam’s film industry operates within a regulated framework that aligns with national cultural, ethical, and security interests.
Penalties for non-compliance
The fines for non-compliance with the Law on Cinema 2022 in Vietnam vary based on the specific type of violation and the degree of severity. While the exact amounts are not explicitly detailed within the text of the Law on Cinema itself, fines are generally governed by Vietnam’s Decree No. 38/2021/ND-CP on administrative violations in the cultural and advertising sectors, which includes cinema.
These are typical ranges for fines based on violations related to film production, distribution, and exhibition:
Unapproved or Unlicensed Films: Distributing or screening films that have not been approved by authorities can result in fines ranging from VND 20 million to VND 40 million (approximately US$850 to US$1,700).
Violations of Content Censorship Rules: Screening films that contain content banned by the state (e.g., promoting violence, pornography, or content deemed harmful to national security) can incur fines of VND 30 million to VND 50 million (approximately US$1,300 to US$2,100).
Failure to Adhere to Age Classification Rules: Distributing or exhibiting films to audiences not in line with the age classification system can lead to fines of VND 10 million to VND 30 million (approximately US$420 to US$1,300).
Online Streaming Platforms: Digital platforms that distribute films without proper review or fail to follow the content approval process may face fines up to VND 100 million (approximately US$4,200).
Intellectual Property and Copyright Violations: Fines for piracy or copyright infringements can vary, but they generally range from VND 30 million to VND 100 million (approximately US$1,300 to US$4,200) depending on the scale of the violation.
In addition to fines, violators may face other administrative measures, such as the suspension of operations or revocation of licences, particularly for repeated offences. These penalties aim to ensure compliance with the law and protect Vietnam’s cultural, social, and legal standards in the film industry.
Summary
Vietnam’s Law on Cinema 2022 regulates film production, distribution, and exhibition. This is an important piece of legislation for businesses operating in creative industries as it contains a number of key regulations unique to Vietnam.
That said, Vietnam’s business environment is evolving rapidly and regulations are prone to change at random. With this in mind, for foreign film industry professionals looking to enter the Vietnam market, the easiest way to keep track of these changes is by subscribing to the-shiv.