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Decree 96/2007/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On Cinema

Original Language Title: Nghị định 96/2007/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Điện ảnh

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The DECREE detailing and guiding the implementation of a number of things _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on cinema Jun. 29, 2006;
Considering the recommendation of the Minister of culture and information.
DECREE: article 1. Scope and object adjustment 1. This Decree detailing and guiding the implementation of articles 5, 6, 11, 12, 14, 24, 31, 33, 34, 35, 38, 41 and 53 of 2. This decree applies to organizations, individual active participants, organizations, individuals related to the operation of the cinema in Vietnam.
Article 2. Industrial modernization policy (detailed provisions and guidelines for implementing paragraph 1 article 5) 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 and information in coordination with the ministries concerned to build project to implement paragraph 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 (detailing and guiding the implementation of clause 2 article 5) 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 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 (drunk called 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.
6. The Ministry of finance, in collaboration with the Ministry of culture and information ministries, relevant industry guidelines prescribed in clause 2 of this Thing.
Article 4. Investment policy through the development of the cinema (detailing and guiding the implementation of paragraph 3 article 5) 1. Investment funds to generate movies of large scale and high artistic value according to the following: a. the organisation 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. the research aims to improve the quality of creative work, and promote social performance of works;
b. the application of modern science and technology;
c. market research and foreign cinema.
3. training, fostering human resources: a. improving the quality of training in the specialized field of national cinema, the construction of the standard curriculum, teaching equipment investment, towards learning, specialization, professionalism in the arts, engineering, economics, management, production, release and dissemination of the film.
b. Election of officers, the excellent students to go training in the arts, engineering, production management, release, popular movies in the country have developed film background.
c. focus on postgraduate training to complement and develop a team of top scientists about the film industry.
4. The Ministry of culture and information in coordination with the ministries concerned to build a program of film development goals as specified in paragraph 3 article 5 of law and cinema 1, 2, 3 this process of approval by the Prime Minister.
Article 5. Film production policy order (detailing and guiding the implementation of paragraph 4 Article 5) 1. The State ordered the production of feature films on the subject, the history, the traditions of minorities; documentary, film science, cartoons.
2. The procedures by the State film production order made under the provisions of article 12 of this Decree.
3. The Ministry of culture and information in cooperation with the Ministry of planning and investment, Ministry of Finance building production planning order prescribed in paragraph 1 of this article.
Article 6. Popular film funding policy (detailed rules and instructions for the implementation of paragraph 5 article 5) 1. The State guaranteed the film cost to 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. the State guarantees 100% of the cost of film and film organized to serve political, social, and foreign in the holidays, anniversary of the country's important events.
3. the State ensures funding organization, join the National Film Festival, International Film Festival by the Ministry of culture and information organized according to the provisions of art. 1 of 41 Articles.
Article 7. The Land Fund policy to build cinemas in urban planning (detailed rules and instructions for the implementation of paragraph 6 to article 5) 1. Competent authority approval of urban planning to dedicate land 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.
The provincial people's Committee responsible for the basis of cinema made the provisions in paragraph 2 of this Article.
Article 8. Establishment and operation of the Film Development Fund (detailing and guiding the implementation of article 6) 1. Film Development Fund by Prime to use for the following activities: a. the reward worth the movie thought, high art, effectively under the Social Charter the Organization and operation of the Fund;
b. film production support experience art, the first film based on the Advisory opinion of the Council on the evaluation of literature script in the Ministry of culture and information;
c. support for the investment scenario, open camp, held for artists to go practice, scientific seminars, support for the training of qualified personnel, excellent student going to school overseas cinema, film promotion to encourage offshore Vietnam, promoting ethnic cinema background.
2. the Film Development Fund specified in clause 1 of this article is formed from the following sources: a. the State budget to support the initial capital when new funds from the cultural career resource information. Every year, based on performance, the Fund is the State budget review, supported under the provisions of the law on the State budget.
b. mobilization of voluntary contributions, the funding of the agencies, organizations, individuals, and other lawful sources of income;
c. sales revenues from the State-funded film, order (if any).
3. The Minister of culture and information to build the Charter organization and operation of the Film Development Fund, the Prime Minister's approval.
Article 9. These acts prohibited in the operation of the cinema (detailing and guiding the implementation of paragraph 1, paragraph 2 article 11) 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 and guiding the implementation of clause 2 article 12) 1. The cinema can function, the task state management service or the public service providers 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. the production of the film at the request of the agency managing business units; production order, except where the project production order using the State budget made a selection of film production business under the provisions of paragraph 3 of article 24;
b. the internal circulation of films imported to serve the requirements of its work;
c. movies, film archives state management service or the public service providers.
Article 11. Conditions of capital to business film production (detailing and guiding the implementation of art. 2 article 14)

Capital is 1,000,000,000 (one billion USD), to be confirmed in writing by the competent authorities.
Article 12. Sequences, selection procedure and organization of production order using the State budget (detailing and guiding the implementation of the paragraph 3, 4 and 5 article 24) 1. Recruitment, selection results scenario literature and film production enterprises in order to use the State budget must be reported on the mass media, ensure fair, objective principles.
2. Order the recruitment procedure scripts in the literature: a. project owner ordering film production using the State budget are published in 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. the owner of the project production order using the State budget announced the results a selection of literary scenarios on the basis of the opinion of the Advisory Council of the evaluation scenario literature was established according to the provisions in paragraph 3 of this article;
c. the Organization, individuals have the right to send the script to the literature project owner ordering film production using the State budget and must pay a fee to verify the scenario literature under the provisions of the current law on fees and charges.
3. The Board assessed the literary script for film orders using State budget: a. project owner ordering film production using the State budget authority must establish the scenario literature;
b. the Council assess the scenario literature has at least nine members, comprising representatives of State administration authority on cinema, the project owner, screenwriter, film producer and Director and the other ingredients.
4. The enterprise selection of film production order using the State budget according to the provisions of the law of tenders based on the following criteria: a. the scenes and script methods implemented;
b. a list of the main ingredients involved making movies;
c. total films;
d. technical equipment in service projects;
preferred financial capacity;
e. planning, progress of production;
g. application conditions of capital.
5. film production contract orders 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, film material, mainly content and results to be achieved in terms of content and artistic thought of the film;
c. the 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. the location and the method of implementation of the contract;
timer 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. The other agreement.
6. The Ministry of culture and information, detailed rules on order and procedure of selection of literature script prescribed in clause 2 and issued the regulations on the Organization and activities of the Council of appraisal literature script specified in paragraph 3 of this Article.
Article 13. Households in to, mirror, movie rental, selling small, regular use of under ten employees (detailing and guiding the implementation of clause 2 article 31) 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 including: a. Have legitimate use of location;
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 clause 2 Article 28, paragraph 2 to article 29 of the law on cinema.
Article 14. The rate and duration of Vietnam movie, movie for children under the age of 16 on home cinema systems (detailing and guiding the implementation of paragraph 4 to article 33) 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-information.
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 screened in the period from 18 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 15. Operation of mobile cinema unit (detailing and guiding the implementation of paragraph 1, Article 34 2) 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 and information, hosted, in cooperation with the Ministry of Finance building projects to implement the provisions in clause 1, 2, and 3 of this article.
Article 16. The rate and duration of Vietnam films broadcast, films for children under 16 years of age on the tv system (detailing and guiding the implementation of clause 2 Article 35) 1. The implementation of Vietnam films broadcast in the film celebrating holidays in the country, serving the political, social, PR on the tv system in the country to follow regulations of the Ministry of culture and information.
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 17. The authority for licensing popular movies (detailing and guiding the implementation of point a, b paragraph 1 to article 38) 1. The Ministry of culture and information of popular film license for: a. the feature film by film basis in the country of production or importation, except where the provisions of paragraph 3 of this article;
b. scientific films, documentaries, animated films by independent film base manufactured or imported;
c. it is produced from the collaboration, providing production services, production venture with organizations, foreign individuals.
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. the production 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 clause, then 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 and information have a responsibility to inform the provincial people's Committee said there are eligible or not eligible to license popular feature films in the next year.
Article 18. The order, the procedure proposed to organize, participate in film festivals, screening of foreign film in Vietnam (detailing and guiding the implementation of paragraph 1 Article 41) 1. Specialized film festivals, special subject: a., ministerial-level agencies, government agencies, provincial people's Committee, the cinema when the specialized Film Festival Organization, must submit to the Ministry of culture and information organized petition and Charter film festival film festival;
b. within thirty days from the date of receipt of a valid application, the Ministry of culture and information have a responsibility to answer in writing the consent, if consent must clearly state the reason.
2. conditions, sequence, procedure, foreign film screenings in Vietnam: a. personal Vietnam, organization, organizations, 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 law of cinema and presentation by Vietnamese translation, a film; the form proposed by the Ministry of culture and information regulations;
c. organizations and individuals, organized foreign film screenings at the Vietnam film evaluation fees payable under the provisions of the law on fees and charges;
d. within fifteen 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 and information have a responsibility to answer in writing the consent, if consent must clearly state the reason.
Article 19. Certificate of eligible business of film production business (detailing and guiding the implementation of clause 2 article 14) 1. The certificate of eligible business of film production business under the provisions of article 14 of the law on cinema.
2. film production business established and operating before January 1, 2007 must do for the certification of qualified business within a period of one year from the date of this Decree takes effect.
Article 20. Processed in violation of the law on cinema (detailing and guiding the implementation of Article 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, information.
Article 21. Effect 1. The Decree has effect after 15 days from the date The report.
2. This Decree replaces the decree 48/CP dated 17 July 1995 on the Organization and operation of the cinema, Decree No. 26/2000/ND-CP dated 3 August 2000 on amending and supplementing a number of articles of Decree No. 47/CP on 17 July 1995 on the Organization and operation of the cinema and deregulation in articles 5 , 6, 7, 8, 9 chapter II circulated, plastic film business, movie discs in the regulation of cultural activities and business services public culture attached to Decree No. 11/2006/ND-CP dated 18 January 2006 from the Government.
Article 22. Responsibilities and enforcement decree 1. The Minister of culture and information, guide the implementation and organization of the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, 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.