On March 25, 2022, the Government issued Decree 22/2022/ND-CP amending Decree 32/2012/ND-CP on export management; import of cultural products for non-commercial purposes. Accordingly, there are some new regulations on importing movies that everyone needs to know. So what are the rules? What content has been amended or supplemented? When did the implementation of these new regulations begin? To clarify this, today, LSX Lawfirm will give you an article about “New regulations on importing movies into Vietnam from May 10, 2022”, as follows:
Legal grounds
Decree 22/2022/ND-CP
Decree 32/2012/ND-CP
Accordingly, to Decree 22/2022/ND-CP, new contents on film import include the authority to grant film import permits; revoke the license to import films; Supplementing regulations on procedures for granting a film import license; time limit for licensing and assessing imported films. As follows:
Additional authority to issue film import licenses
Accordingly to Clause 3, Article 1 of Decree 22/2022/ND-CP; additional cases falling under the competence of the Department of Culture, Sports and Tourism (VH, TT & DL) to grant import permits for cultural products to local individuals and organizations:
Films for distribution and dissemination in accordance with the law imported by local radio and television stations.
In addition, according to Clause 2, Article 1 of Decree 22/2022/ND-CP; The Ministry of Culture, Sports and Tourism shall grant a license to import cultural products in the following cases:
– Cultural products for exchange, cooperation, and aid; participate in exhibitions, competitions, and festivals at the national level;
– Films for distribution and dissemination in accordance with the law nationwide.
(According to the provisions of Decree 32/2012/ND-CP; means a motion picture, a television series for dissemination and distribution in accordance with law nationwide or in two or more localities).
– Relics and antiquities for exhibition or display in museums;
– Cultural products specified in Clause 1, Article 6 of Decree No. 32/2012/ND-CP to serve professional work or research of central ministries and branches; after consulting in writing of relevant ministries and branches;
Cultural products for use or other purposes nationwide or in different localities.
Therefore, from May 10, 2022, the Department of Culture, Sports and Tourism has the authority to issue a license to import movies for distribution and dissemination in accordance with the law imported by local radio and television stations.
Regulations on the revocation of film import licenses
Film import licensing agency revokes film import license; when detecting that the content of the film violates the provisions of the Law on Cinema; Clause 4, Article 1 of Decree 22/2022/ND-CP.
Supplementing regulations on procedures for granting a film import license
Regarding procedures for granting a film import license, there are new regulations as follows:
Dossier of application for a license
* A dossier of applications for a license (01 sets) includes the following papers:
+ Firstly, An application form for a license of an individual or organization; which clearly states the type of cultural product; content; quantity, origin; the purpose of use, and scope of use; (the application form is uniformly issued by the Ministry of Culture, Sports and Tourism throughout the country) then;
+ Secondly, Certificate of copyright; contract; summary translation in Vietnamese of the film’s content; and a written commitment to be responsible for the content of imported movies that do not violate the provisions of law; authorization letter; certification or commitment to legal ownership of relics and antiquities then;
(Compared to the current one; supplemented with a written commitment to be responsible for the content of imported movies that do not violate the provisions of law then).
In addition
+ Copy of bill of lading or receipt of goods (if any).
– Individuals and organizations are responsible for providing imported cultural products and customs declarations (copy does not need to be authenticated) to the licensing agency for assessment then.
For imported cultural products that are films: The organization is responsible for providing the imported film copy and the customs declaration (submit a certified copy or a copy and present the original for comparison in case of submission of documents). documents in person, submit a certified true copy in case the application is submitted by post) within 30 days from the date of issuance of the import permit for inspection then. (Additional content).
So The import licensing agency shall make a record of the assessment and handover of the film based on the dossier and summary of the film’s content.
– Individuals who import films for personal use only commit not to violate the prohibition provisions in the Law on Cinema and use films in accordance with the provisions of the law then. (Additional content).
Supplementing regulations on the time limit for licensing and assessing imported films
* Firstly, About the license term: Within 02 working days from the date of receipt of complete and valid dossiers, the licensing authority must issue a permit.
– For film cultural products:
Within 03 working days from the date of receipt of complete and valid dossiers, the licensing authority must issue a permit then. (Content added)
* Secondly, Regarding the assessment period:
– The maximum time for assessment of imported cultural products is not more than 12 working days.
– For film cultural products: The time for film assessment shall not exceed 12 working days from the date the organization provides the film copy. (Content added)
From the effective date of the new Decree; For dossiers of application for import permits submitted before May 10, 2022, but not yet granted permits, the implementation of Decree No. 32/2012/ND-CP shall continue then.
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Related questions
The film is essentially many images placed on a screen, to create the illusion of motion. This is a popular form of entertainment that allows people to immerse themselves in the virtual world for a short period of time then.
Export and import of cultural products for non-business purposes are activities brought from Vietnam to foreign countries; bringing cultural products from abroad into Vietnam through border gates, the internet or other forms of cultural products for personal use, donation, donation, inheritance, exhibition, competition, cooperation, exchange, seminars, and joint ventures. Festival, aid, dissemination, service for professional work, research or other non-commercial purposes for profit.
Cultural products include
a) Firstly, Sound and video recordings; films; other audio-visual technology products recorded on digital materials or media in the form of words, sounds, or images (not including audio recordings, video recordings containing alternative content, or illustrations for books). and electronic publications specified in the Law on Publishing);
b) Secondly, Visual works, applied arts, paintings, and photography;
c) Thirdly, Intangible cultural heritage and products related to intangible cultural heritage.
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