The DECREE detailing implementation of some articles of the law No. 62/cinema 2006/QH11 and the law amending and supplementing some articles of the law No. 31/2009/cinema QH12 base GOVERNMENT Government Organization Law on 25 December 2001;
Pursuant to the law No. 62/cinema 2006/QH11 on June 29, 2006 and the modified Law, added some articles of the law No. 31/2009/cinema QH12 on June 18, 2009;
Considering the recommendation of the Minister of culture, sports and tourism, the DECREE: article 1. Scope and object adjustment 1. This Decree detailing implementation of some articles of the law No. 62/cinema 2006/QH11 on June 29, 2006 and the modified Law, added some articles of the law No. 31/2009/cinema QH12 on June 18, 2009.
2. This Decree shall apply to organizations, individual active participants, organizations, individuals related to the operation of the cinema in Vietnam.
Article 2. Industrial modernization policy (detailed regulations clause 1 article 5 applicable law cinematographer) 1. Investment in building the set internal landscape, modern foreign films are planning the competent bodies for approval.
2. Modernize technology and equipment investment techniques, technical equipment dedicated synchronization, ensure qualified film production according to the modern technology, international technical standard of image and sound, ensuring the promotion of artistic creativity to enhance production capacity , improving the quality of movies.
3. Investing in the construction, renovation, modern equipment, sound film projector set up for movies by the motion picture industry master plan was approved by the competent authority.
4. The Ministry of culture, sports and tourism, in coordination with the ministries concerned to build the project to implement the clause 1, 2 and 3 of this article; established the film production-scale development and popular movies to hit Vietnam movie at least 30% of the total number of movies and reached at least 40% of the total number of films broadcast on television.
Article 3. The policy encourages organizations and individuals to participate in film (detailed rules enforced clause 2 article 5 applicable law cinematographer) 1. The state purchased in whole or part ownership of valuable films for thought, high art by the film production facility; the purchase price based on the quality of the film is the Central Board of film classification evaluation; the purchase price was the Council valuation for approval under the provisions of the current law.
2. Basis of the cinema when the film production tax incentives be added value, business income tax, export tax under the provisions of the applicable tax legislation.
3. Businesses, business units to build cinemas for popular film business or construction works other cinema is State land, lease the land under the provisions of the law of the land.
4. The basis of cinema are exempt from stamp fees when registering the land use rights, ownership of the House under the provisions of the law.
5. the people's committees of provinces and cities under central Government (hereinafter referred to as the provincial people's committees) have the responsibility to adjust the planning of local land use, the Land Fund for priority basis of the cinema; have policies, preferential regimes to encourage organizations and individuals to participate in the film.
Article 4. Investment policy through the development of the cinema (detailing the enforcement of paragraph 3 article 5 applicable law cinematographer) 1. Investment funds to create large-scale works and have high art value according to the following: a) the Organization of activities aimed at orienting the theme of thought associated with historic events and developments of the nation;
b) film production.
2. Investment for scientific research in film activity according to the following: a) research aimed at improving the quality of creative work, and promote social performance of works;
b) applications of modern science and technology;
c) market research and foreign cinema.
3. training, fostering human resources: a) to improve the quality of training in the specialized field of the cinema building, national standard curriculum, teaching equipment investment, towards learning, specialization, professionalism in the arts, engineering, economics, management, production, release and dissemination of films;
b. Election of officers), excellent students to go training in the arts, engineering, production management, release, popular movies in the country have developed film background;
c) postgraduate training to complement and develop a team of top scientists about the film industry.
4. The Ministry of culture, sports and tourism, in coordination with the ministries concerned to build a program of film development goals as specified in paragraph 3 article 5 the law on cinema and the 1, 2 and 3 of this article the Prime Minister for approval.
Article 5. Film production policy order (detailing the implementation of paragraph 4 Article 5 applicable law cinematographer) 1. The State ordered the production of feature films on the subject, the history, the traditions of minorities; documentary, science movies, cartoons, children's service.
2. The selection of film production projects that use State budget to comply with the provisions of article 13 of this Decree.
Article 6. Popular film funding policy (detailing the implementation of article 5 of law 5 in film terms) 1. State the order made the movie serve political, diplomatic, social, children's service, serving the force projection in cinemas in mountainous regions, Islands, remote areas, ethnic minority areas and in the countryside.
2. State order movies and film organized to serve political, social, and foreign in the holidays, anniversary of the country's important events.
3. State funding of national film festival, International Film Festival by the Ministry of culture, sports and tourism of the Organization as specified in Article 41 paragraph 1 point a cinema Law was amended and supplemented in 2009.
Article 7. The Land Fund policy to build cinemas in urban planning (detailed rules enforced clause 6 cinema Law article 5) 1. Competent authority approval of urban planning, residential land fund have spent to build cinemas in the heart rate and build theaters match the scale of population growth.
2. Basis of the cinema building movie theaters enjoy preferential policies according to the provisions of paragraph 4 of article 3 of this Decree.
Article 8. Establishment and operation of the Film Development Fund (detailing the implementation of article 6 of law of cinema) 1. Film Development Fund by Prime to use for the following activities: a) bonus for the movie's worth of thought, high art, effectively under the Social Charter the Organization and operation of the Fund;
b) film production support experience of art and the first film on the basis of the Advisory opinion of the Council on the evaluation of script culture, sports and tourism;
c) support for the investment scenario, open camp, held for artists to go practice, scientific conferences, scientific research, support the training of human resources talent school cinema abroad, promote offshore Vietnam movies aimed at encouraging, promoting ethnic cinema background.
2. the film development Foundation is an independent accounting unit, not for the purpose of profit, offset costs for their operations. The Foundation and development of the cinema has a legal personality, a seal and opened the account in the State Treasury and banks.
3. Film Development Fund specified in clause 1 of this article is formed from the following sources: a) State support initial capital when new funds from budget resources cultural careers. Every year, based on performance, the Fund was considering support under current law;
b) mobilizing voluntary contributions, sponsorship of agencies, organizations, individuals, and other lawful sources of income;
c) film sales revenue from the films have used the State budget.
4. Minister of culture, sports and tourism issued the Charter organization activities of the film development Foundation after the opinion of the Minister of finance.
Article 9. These acts prohibited in the operation of the cinema (detailed rules enforce the clause 1 and 2 article 11 applicable law cinematographer) 1. Image, sound, dialogue, letters written to defame, insult national emblem, national flag, national anthem, the value of the ethnic logos, country; pejorative ethnic, religious.
2. Images, sound, voice, writing scenes of beating, torture, barbaric killings, encourage crime, except to criticize, condemn the evil associated with film content.
3. Images, sound, voice, the written word with pornography, sexual abuse, incest, rebellion, contrary to customs.
4. Images, sound, voice, handwriting expresses the tolerated or agree with social ills, causing panic, feeling stupid before the spooky, supernatural forces.
5. Name the movie offensive, vulgar.
6. The image, sound, dialogue, written words have unlawful content that does not belong to the provisions in paragraphs 2, 3, 4 and 5 of this article, except to criticize, condemn this behaviour.
Article 10. Organization and operation of the unit (detailing the enforcement of item 2 article 12 of law of cinema).
1. The cinema can function, the task state management service or providing public services in the field of cinema as prescribed by law.
2. conditions, sequence, procedure, the authority to establish, organise and autonomy, self responsible for performing the tasks, organization, staffing and financing of the business units of cinema made in accordance with the current legislation.
3. The cinema of prescribed in clause 1 of this article, depending on the function, the task is performed the following activities: a) film production as requested by the governing body of business units; production order, except where the film production projects using the State budget made the film production projects selected under the provisions of paragraph 4 Article 1 of law amendments and supplements to some articles of the law of cinema;
b) internal circulation of films imported to serve the requirements of its work;

c) film, film archives state management service or the public service providers.
Article 11. Conditions of legal capital to film production business (detailed rules enforced a clause 2 article 14 cinema Law was amended and supplemented in 2009) 1. Capital is 1,000,000,000 (one billion USD), was identified by one of the following documents: a) the decisions of the owners of capital for State-owned enterprises, limited liability company, the State of one or two members that the owner is an organization;
b) capital contribution record of the founders for the company or of the founders for the limited liability company, two members;
c) A register of investment capital for business owners of private businesses, partnerships and limited liability companies in that the owner is the individual.
2. With respect to the amount of capital to be contributed by money must be certified by the Bank be allowed to operate in Vietnam on the amount deposited by the founding members. Escrow amount must equal the number of equity by the amount of the founders and only German enterprises will be issued a certificate of business registration.
3. With respect to the amount of capital to be contributed by the property must have the certificate of organization of valuation functions are active in Vietnam about the valuation of the property was brought into the building. Certificates must be valid as of the filing date at the competent authorities.
4. for active corporate needs additional film production business, they must have written confirmation of the Agency's independent audit of the existing capital of the enterprise was put into, which is shown on the financial statements of the business in the nearest time ensure greater than or equal to the level of capital stipulated in paragraph 1 of this article.
Article 12. The establishment of representative offices of foreign cinema in Vietnam (detailing the implementation of Article 43 of the Cinema Act) 1. Conditions of establishment of representative offices of foreign cinema in Vietnam: the basis of foreign cinema want to establish a representative office in Vietnam to have time working under 1 year, since established or legitimate business registration in the countries where the basis of the nationality of that film. Records suggest a license to establish a representative office performs as specified in clause 2 Article 43 of law and the following text: a) to audit the financial report or other document of equivalent value to prove the basis of foreign cinema exists and operates in the most recent fiscal year;
b) a copy of the Charter operations of foreign film base.
2. The papers specified in paragraph 1 of this article are translated into Vietnamese, are diplomatic missions, Consulate of Vietnam in water which is the basis of the cinema please put the citizenship Office certified and do legalized under the provisions of the law of Vietnam.
3. The term of the licence permits the establishment of representative offices of foreign cinema facility has a time limit of 5 years, but not beyond the term of the remaining documents or legal papers are of equivalent value of that film base in case the law of the country where the film base regulations citizenship Paper registration deadline sales of foreign enterprises.
Article 13. The choice of film production projects have used the State budget (detailing the implementation of the clause 4 and 5 article 24 of law and paragraph 4 Article 1 of law amendments and supplements to some articles of the law of cinema) 1. The investor of the project approved by the film production film production plan using the State budget, the establishment of the authority and the Council of the chosen production project to give advice to the investor.
2. Pursuant to the plan has been approved, the project owner decided to film production project selection according to the following form: a) for film production projects had screenplay are selected, the owner decided to appropriate bidding form to select enterprises;
b) for film production projects have joined the bidding include script and production projects, release, investors decided the bidding form to select film production projects.
3. for film production projects are not part of the plan was to balance the budget, the owner of Prime Government decided then to choose business or production projects as specified in the paragraph 1 and 2 of this Article.
4. production projects selected must be qualified on the equipment, manpower and total film production, ensure quality requirements of art.
5. The selection, project selection results in film production and film production business using State budget ensures a fair, objective principles.
6. The sequence of project selection procedures, the production of the film: a) owner film production projects using the State budget must be reported on the mass media on the subject, requested by production projects implemented in the next fiscal year plan terms and conditions procedures to the organization or individual submitting the script involved a selection over a period of 90 days from the date of publication;
b) Investor production projects using State budget announced the results of project choice film production on the basis of the opinion of the Advisory Council of the appraisal and selection board film production project was established under the provisions of paragraph 1 of this article;
c) Organization, the individual submitting the project owner to film production film production projects using the State budget to pay the assessment fee scenarios under the provisions of the current law on fees and charges.
7. Authority and project selection board produced the film for the movie using the State budget: a) owner film production projects using the State budget must establish authority and project selection board film production;
b scenario assessment Council) have at least 10 members, including representatives of State administration authority on cinema, the project owner, screenwriter, film producer and Director and other components;
c) selection board film production project has at least 5 members, including representatives of project owner, financial bodies, expert on film production.
8. The selection of film production projects using the State budget according to the provisions of the law of tenders based on the following criteria: a) scenes and script methods implemented;
b) list of the main ingredients involved making movies;
c) total films;
d) technical equipment in service projects;
financial capacity);
e) plan, the progress of production;
g) application conditions of capital.
9. production contracts using the State budget must be made in writing between the client and the film production business, the content of the contract include: a) the name, address, account of the parties to the contract;
b) film title, film material, mainly content and results to be achieved in terms of content and artistic thought of the film;
c) rights, the responsibility of the owner and the party performing the contract included the right, responsibility for the copyright of films, the intellectual rights of the owner and film production business;
d) location and the method of implementation of the contract;
DD) the value of the contract and the payment method;
e) progress made;
g) liability due to breach of contract and dispute resolution;
h) time trials, browser time films;
I) other agreements.
10. The Ministry of culture, sports and tourism is responsible for: a) in collaboration with the Ministry of finance detailing the content of clause 1, 2, 3 and 6 of this Article;
b) issued the regulations on the Organization and activities of the authority, the scenario chosen production project to the provisions in clause 7 of this.
Article 14. Households in to, mirror, movie rental, selling small, regular use of under ten employees (detailed rules enforced clause 2 article 31 of law motion pictures) 1. Households in to, mirror, movie rental, selling small, regular use of under ten workers to register the business in business registration office at district level.
2. Conditions for the print business to, duplicate, sell, rental of films include: a) Has lawfully used locations;
b) Have the equipment to test content, the technical quality of the film.
3. Households in to, mirror, movie rental, selling small, regular use of under ten labor must make regulations on print to, mirror, movie rental, selling provisions in the terms of 6 and 7 article 1 of law amendments and supplements to some articles of the law.
Article 15. The rate and duration of Vietnam movie, movie for children under the age of 16 on home cinema systems (detailing the implementation of paragraph 4 to article 33 of the Cinema Act) 1. The theater to film the movie in Vietnam celebrate holidays in the country, serving the political, social, Foreign Affairs as prescribed by the Ministry of culture, sports and tourism.
2. The rate of the Vietnam film guarantee reaching at least 20% compared to the total number of screenings, in which rate Vietnam feature film to be released on the time period from 18 hours to 22 hours a day, in addition to the other can be released on time.
3. Movie for children under 16 years in the theater ended 22 hours.
Article 16. Operation of mobile cinema unit (detailing the implementation of the clause 1 and 2 Article 34 the cinema Law) 1. State investment in plastic film projector or other movie vehicles for mobile cinema teams in mountainous regions, Islands, remote areas and the countryside.
2. State transportation equipment specialized for mobile cinema teams in the province.
3. film cost in the region of mountains, Islands, remote areas, ethnic minority areas and the other countryside made according to the regulations of the Government of the region.
4. The Ministry of culture, sports and tourism, in collaboration with the Ministry of Finance shall guide the implementation of the provisions of paragraphs 1, 2 and 3 of this article.
Article 17. The rate and duration of Vietnam films broadcast, films for children under 16 years of age on the tv system (detailed rules enforced clause 2 Article 35 law on cinema)

1. The implementation of the Vietnam film broadcast during the film's celebration of the country and serve the political, social, PR on the tv system in the country to follow regulations of the Ministry of culture, sports and tourism.
2. The rate of Vietnam film broadcast duration of each tv station reach at least 30% compared to the total number of times aired the series, in which rate Vietnam feature film to be broadcast on the time period from 20 hours to 22 hours a day, and can broadcast on the hour.
3. The duration of broadcast movies for children under 16 years of age reached at least 5% of the amount of time the movie broadcast; hours of broadcast the movie for children under 16 years of age end before 22 hours daily.
Article 18. The authority for licensing popular movies (detailed rules enforced art. 38 Law Thing and point b paragraph 12 article 1 of law amendments and supplements to some articles of the law of cinema) 1. The Ministry of culture, sports and tourism licensing popular movies for: a) feature film by film basis in the country of production or importation, except where the provisions of paragraph 3 of this article;
b) documentary, science, cartoon film by film basis under central manufactured or imported;
c) film was produced from the collaboration, providing production services, production venture with foreign organizations.
2. provincial people's Committee licensed the film for popular documentaries, scientific film, cartoon film base due in locally produced or imported.
3. provincial people's Committee licensed the popular feature film when years ago adjacent, the base in local cinema meets the following conditions: a) produce at least 10 film allowed to disseminate;
b) importing at least 40 film allowed popular.
If during the year, the local did not meet the two conditions specified in this paragraph, the next year the provincial people's Committee is no longer competent to license the popular feature film.
4. Every year, from March 25 to 31 December, based on the number of film production and imports are allowed of the common basis in local cinema in that year, the Ministry of culture, sports and tourism is responsible for informing provincial people's Committee said there are eligible or not eligible to license popular feature films in the next year According to the.
Article 19. The order, the procedure proposed to organize, participate in film festivals, screening of foreign film in Vietnam (detailing the enforcement of paragraph 1 Article 41 the cinema Law was amended and supplemented in 2009).
1. specialized film festivals, thematic: a) ministries, ministerial agencies, government agencies, provincial people's Committee, the cinema when the specialized Film Festival Organization, must submit to the Ministry of culture, sports and Tourism Organisation form and film festival film festival;
b) within a period of 30 days from the date of receipt of a valid application, the Ministry of culture, sports and tourism are responsible to answer in writing the consent, if consent must clearly state the reason.
2. conditions, sequence, procedure, foreign film screenings in Vietnam: a) Organization, Vietnam, personal organization, foreign individuals are allowed to organize, foreign film screenings in Vietnam no business purpose;
b) records suggest foreign film screenings in Vietnam under paragraph 3 to article 41 of the cinema Law was amended and supplemented in 2009 and presentation by Vietnamese translation, a film; the form proposed by the Ministry of culture, sports and tourism of forth;
c) Organization, individuals held foreign film screenings at the Vietnam film evaluation fees payable under the provisions of the law on fees and charges;
d) within 15 working days from the date of receipt of a valid application as defined in point b of paragraph 2 of this article, the Ministry of culture, sports and tourism are responsible to answer in writing the consent, if consent must clearly state the reason.
Article 20. Certificate of eligible business of film production business (detailed rules enforced clause 2 article 14 cinema Law was amended and supplemented in 2009).
1. The certificate of eligible business of film production business under the provisions of paragraph 1, point a of paragraph 2, points a and b of article 14 paragraph 3 of law and item 2 article 1 of law amendments and supplements to some articles of the law.
2. film production business established and operating before January 1, 2007 must do for the certification of qualified business within a period of 1 year from the date of this Decree takes effect.
Article 21. Processed in violation of the law on cinema (detailed rules enacted film Law 53) 1. Individual violations of the rule of law in the works of cinema, then depending on the nature and extent of the violation that severely disciplined, sanctioning administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
2. Organization with violations of the rule of law in the works of cinema, then depending on the nature and extent of the violation that sanctioned administrative offense; If the damage is compensated according to the provisions of the law.
3. The sanctions against administrative violations in the operation of the cinema to follow regulations on sanctioning administrative violations in the culture.
Article 22. Effect 1. The Decree has effect as from July 2010.
2. This Decree replaces Decree 96/2007/ND-CP dated 6 June 2007 from the Government detailing and guiding the implementation of some articles of the law.
Article 23. Responsibilities and enforcement decree 1. The Ministry of culture, sports and tourism, in coordination with the ministries concerned detailing the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and institutions, individual participants, organized activities, individuals related to the operation of the cinema in Vietnam is responsible for the implementation of this Decree.