IT ' S SMART

Manual implementation of a number of provisions of Decree 48 /CP

July 17, 1995, about the organization and the film operation.

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The Government's 48 /CP Decree on July 17, 1995, Government of the Government of the Organization and Operations, the Ministry of Culture-Information Guide details of the conditions, procedures for the establishment and operation of the film facilities; authority, review procedures, and permission to save the operation. the film; the condition and procedure of the certificate of conduct; the distribution of management, the responsibility between the Ministry of Culture-Information and the Local for the action of cinema as follows:

I-NATURE ' S OPERATING PROPERTIES.

What? 1. Calculating the utility of the state-owned enterprises operating the cinema.

Businesses funded by the State of Capital, founded and organized film production management, film release, film, export, import, and export of the film are a business operating business.

The State Business Law Base announced on 30 April 1995, the State Business operates in the above field of power:

1. Enjoy the State of Allowance, subsidies or other preferable regimes of the State when operating utility or supply of products, services under the State ' s price policy without sufficient compensation for the cost of product production, this service of the business;

2. State of the state by the state of funds by the annual bill or by order of the State provided by the state authority, in accordance with the task of planning the State of the State for the business.

3. Perform the tasks and enjoy other State of the Preferable Regimes in the State Business Law and other specific regulations of the existing law on public activity.

II-CONDITIONS, ESTABLISHED PROCEDURES AND OPERATIONS OF THE VARIOUS FILM FACILITIES.

What? 2. For film production facilities.

1. Conditions:

The State Agency, the economic organization, the central social organization, the provincial level, the central city that wants to establish the production facilities must have all the following conditions:

a) There are capital and other physical conditions-the other necessary engineering ensures film production with a total value of less than 1,000,000,000 (a billion) copper.

It has to be validated by the financial authority to confirm and sign the funds at the bank by regulation of financial management;

b) The headquarters with an area of 24 m2 or more are confirmed by the state governing body of ownership or the right to use and have the means of ensuring communication;

c) There are people who assume the titles of directors, the chief accountant, the curator of the arts, the director.

The director must have a prescribed practice in accordance with Article 14 of this.

The curator of the right art:

-There is a university level or equivalent of film art specialology.

-It is the author of at least 02 films that are widely available on the television or television network.

2. Procedre:

a) The agency, which has qualified conditions at this one, wants to establish a film production facility which must have the Ministry of Culture and Information (Film Bureau) to be signed by the Chief Minister. Included with the required text of capital, headquarters, and titles of the production production facility at point c, paragraph 1 this. The director, who is in charge of the arts must have an oral and photo-based identity, the body's confirmation text of a professional degree, a career, the name of the work, and the director must have a copy of the certificate of practice or diploma.

A contract worker has to have a contract for a period of at least 01 years or more with the agency, the organization of the establishment.

The agency, the central city-level organization of the central city of the city, is required to establish the basis of the production of the film, which must be agreed upon by the office of the Chairman of the Provincial People's Committee, the central city of the department.

b) In the 30-day period since receiving enough records, the Bureau of Motion Picture and Culture Department-The decision to determine the establishment of a film production facility, the rejected case will be answered in writing.

3. Activity:

a) After the establishment decision of the Ministry of Culture-The basis of the production of the production of the film must carry out business registration procedures in accordance with the rule of law;

b) All production and disseminization activities, the preliminary tape of the scheme must comply with the provisions of the Government and of the Ministry of Culture-Information on the management of motion pictures, other regulations of the law are related to the production of film dissembling, Disk tape; c) The Ministry of Culture-Information will revok the license to establish a film production facility and inform relevant agencies in the following circumstances:

-After a year from the date of the licensing of the establishment that the film production facility does not have a browser work.

-After two years from the date of the establishment license, the production facility has not had at least two plastic films or three video-browser films.

-The production facility has a legal breach to the point of revoking the license.

What? 3. For the film's export facilities.

1. Conditions:

The State Agency, economic organization, social organization or individual who wants to establish a film export business facility, in addition to the general regulations of the law on the business of export, imports must have enough of the following conditions:

a) There are capital and other essential technical material conditions that guarantee the export of the film to a total value of less than 1,000.000,000 (a billion) copper, which is approved by the financial authority and approved by the Ministry of Commerce;

b) based on an area of 24 m2 or more, the warehouse with an area of 20 m2 or more, is the authority of the state authority to confirm the ownership or rights of use;

c) There is a person who assumes the title of director, chief accountant, who is in charge of the import business.

2. Procedre:

a) Agency, organization, individuals who want to establish a film export facility must have a Department of Culture-Information (Film Bureau) file. The profile consists of:

-Permission to establish.

-The documents demonstrate the capital, headquarters, warehouse and team of the facility.

-The background (accompanied by the photo) of the director, the chief accountant of the facility accompanying the text of the validation of the expertise, a career;

b) In the 15-day period since receiving enough files, the Ministry of Culture-Information reviewed and decided to establish a film export basis. The denial case will be answered in writing;

c) The film's production facilities wanted to self-export the film not to be registered as a film export, but there must be a written request for the Ministry of Culture-Information allows. Following the Ministry of Culture-Information allows for the addition of a business registration supplement to film export at the Department of Planning and Provincial Investment where the base is headquartered (article 16 of the 48 /CP Protocol).

What? 4. A reference to the film's release.

1. Conditions:

The State Agency, the economic organization, social organization or individual who wanted to establish the business base that released the film must have enough of the following conditions:

a) There are capital and other essential technical material conditions that guarantee the operation of the film with a total value of less than 1,000,000,000 (a billion) copper, which is validated by the competent financial authority;

b) based on an area of 24 m2 or more, the warehouse with an area of 20 m2 or more, is the authority of the state authority to confirm the ownership or rights of use;

c) There is a person who assumes the title of director, chief accountant, who is in charge of the release of the film with the degree from the centre back up.

2. Procedre:

a) Agency, the central organization that wants to establish a film release facility must have enough files to send the Ministry of Culture-Information (Image Services).

The agency, provincial organization and individual who wanted to establish a local film release facility must have a provincial-level UBND file (Department of Culture).

The profile consists of:

-Permission to establish.

-Text-proof texts, headquarters, warehouses, and teams of the department.

-The chief background (accompanied by the image) of the director, the chief accountant of the included in the text that identifies the degree of expertise, a career.

-A copy of the certificate or diploma of the recipient of the certificate of the competent authority;

b) In the 30-day period since receiving enough records, the Ministry of Culture-Information or the Provincial People's Committee decided to establish a film release basis, the refusal to be answered in writing; c) The production facilities wanted to release their own films. It is not a subscription procedure, but has to add a business subscription to the film's release in the Department of Provincial Planning and Investment, the city where the headquarters is headquartered (Article 16 of the 48 /CP Protocol).

What? 5. For movie facilities.

1. Conditions:

For the organization, the individual who wants to establish a movie projector has a lower capital than the legal capital to establish the company, business:

a) For a fixed film base.

-There is a film room standard enough to be defined by the Ministry of Culture-Information.

-There is a film projector that ensures the standard, quality of images and sounds as defined by the Ministry of Culture-Information.

-There's a man in charge of the directors, the chief accountant, the projector, has a specialized level of expertise (certificate of certificate or diploma);

b) For a video projector basis:

-There must be a movie projector that ensures the quality of the information about images and sounds in accordance with the Ministry of Culture-Information.

-Someone who controls the projector has a specialized level (which is either a certificate or a diploma).

2. Procedre:

a) The organization, the individual who wants to establish a movie projector (fixed or dynamic) for business must be invoking the Department of Information Culture Department. In the menu:

-The organizer, the individual.

-Name, movie location, tape.

-The number, the audience room, the area and the number of seats each.

-Make sure where the movie is, the ice is a nice cultural spot. -Committed not to violate the rules of circulation, film business, video tape.

Included with the order:

-Text on the right to use the house, land (for a fixed film projector).

-The chief background (accompanied by the image) of the director, the chief accountant accompanying the text of the validation of the professional level.

-The diploma copy or certificate of the recipient of the certificate authority.

-A database of projector equipment, footage of the facility.

b) In the 30-day period since receiving enough records, the Department of Culture-Information for the license to practice, the refusal to have an answer text. After being licensed by the Department of Culture-Information licensed, the practice of applying for business is required to serve as a registered business in the People's Committee of the District at the provisions of the existing law.

3-For the organization, the individual wants to do a film business with a company size or private enterprise, which must be required and established as a regulation at Article 4 of this information.

4. Organization, individual business-based projector at paragraph 1 this only works after the Department of Culture's license-Information and completion of business registration procedures under the rule of law.

5. Company export, import and release of Vietnam Film (Fapim Vietnam) is directly administered by a number of local theaters through the following forms:

-Local transfer.

-Local transfer.

-Joint venture with the local; contract business cooperation with foreign countries to repair, upgrade to the exploitation of the theater;

-Long-term lease.

-The mining bid for the theater.

-Building a new theater.

What? 6. Licensed the film license (Article 9 Decree 48 /CP).

1/To be given a prescribed license for the film in Article 9 of the 448 /CP Protocol, the state agency, the economic organization, the social organization, the governing body must have the full file for the Ministry of Culture-Information (Film Office). The profile consists of:

a) The application for the first film production license issued by the Chief Minister of the Agency or the organization of the name and stamp.

b) The script for the production of the film;

c) List of major titles of the film crew, accompanied by an executive certificate;

d) Manufacturing planning and production of the film for production.

2. After receiving enough files, the Ministry of Culture-Information will judge the script and review the licenses of the time to produce that film.

The review deadline and the slog answer is 30 days after receiving enough records.

What? 7. The service, the film partnership (Article 11 of the 448 /CP Protocol).

The film facility wants to cooperate as a film or to provide a film service with an international organization, organization, foreign individual implemented under the "Regulations on Cooperation And Provision For Foreign Film Services" issued by decision number 1340 /QĐ-A dated 29-9-1992. of the Minister of Culture-Information and Sports (now Ministry of Culture-Information).

III-REVIEW AND RELEASE OF THE FILM, VIDEO TAPE

What? 8. Movie rights judge, video tape.

1. The Bureau of Motion Picture and permission to circulate the film, tape-disc footage from units in the country to produce or import; film, video tape of sorts due to the Department of Culture-Information Production facilities. The film, by disc, is defined by the Ministry of Culture-Information ordering or subsidy.

2. Department of Culture-Provincial Information, Central City of the Central Committee and allows for film circulation, video tapes: music, theater, reform drama, documentary-science, children ' s serve children, sports, karaoke, fashion, textbooks, education, education, and more. It is due to local legal facilities or is headquartered in the country of manufacturing or importing. Without receiving the film, the disc tapes were made by the facilities of the provinces, other cities produced or imported.

3. Minister of Culture-Information establishing the Central Advisory Council, Chairman of the Provincial People ' s Committee, the central city-based city of the Provincial Committee to implement the Provincial Film Browser Council.

The opinion base of the Board of the Film Board or the Director of the Department of Culture-Information review, decides whether or not to allow the release of the film, the disc tape is approved and responsible for its decision. The decision to allow the release of the film must record the subject, the scope circulated in the country or abroad.

What? 9. Movie review, tape.

1. The films, the browser tape, must be a complete work on content and engineering due to a legal basis that produces or legally imported. The work produced in materials (plastic films, disc tapes ...) is required to be approved as a material.

Foreign-produced works that have not been voiced or persuaded to speak Vietnamese must have a translation from foreign languages to the Vietnamese language. The translation must ensure the accuracy of the content and name of the translator.

2. The facility with a browser film stipulated at 1 Article 8 This article must be required to register for the review of the film, the disc tape (according to the first appendix 1) to the Ministry of Culture-Information (Film Office).

The facility with a browser film stipulated in paragraph 2 Article 8 This is required to register for the review of the film, the video tape (according to the number 1 appendix 1) to the Department of Culture-Information Department.

3. When bringing the book to browse, if the imported film must have a written copy of the legal import, if the domestic production is bundled with a copy of the production license, the compilation of the film production base reviews the ideological content, the quality of art. And engineering. This compilation was confirmed by the executive chair of the film production facility.

4. The disk tape is allowed to circulate under the control label released by the Image Service. The movie tape has labeled the Bureau of Electronics that has value circulating within the country.

What? 10. Archive and archive film (article 13 of the Resolution 48 /CP).

1. The filing of the film is done in accordance with the following regulation:

a) A film or tape of the House of Ordering or an allowance must submit a record at the Film Bureau using a ordered or subsidi-ordered material (plastic film filed in plastic films, disk tape, 1 disc tape) upon receiving the decision to allow circulated;

b) The film production facility, the film importation facility with a non-order or an allowance that must submit a copy of the work of the material that is allowed to circulate when it is decided to allow it to be circulated.

2. Back to the file of the original material:

a) The original material consists of: the print edition, the audio and the accompanying documents such as: film-making script, propaganda documents, adverts;

b) The filing of the film's original material, the ice-ordered tape or the assistant must be made in the 3-month period from the date of the completion of the film;

c) The storage of the original material is not part of the order and the subsidies made by the Ministry of Culture's own regulation-Information.

What? 11.- Export of the film (Article 14 of the 448 /CP Protocol)

The operating base of the film export must comply with the following conditions:

1. Have been allowed to operate the film.

2. Only export of films that have been Ministry of Culture-Information or Department of Culture-Information allows the popularity to go abroad.

3. Compact the provisions of the law on exporting and the right to the author.

What? 12. Enter the film (Article 15 of the Decree 48 /CP)

1. Fafim Vietnam takes on the entry of the film, video tape and other genres from abroad to business.

The form of Fafim Vietnam ' s film imports for business include:

-Buying the rights.

-As a release agent.

-Business cooperation contract.

-Link business.

2. The facilities in the provinces, the central city of the central city, are importing the films, the disc juries, and allowing the Department of Culture-Information to be circulated in accordance with Article 2 of this Article 8.

What? 13. Popular movie, video tape.

1. The film production facilities are entitled to self-release, sell or trust the basis of the film's release of their products to the screening facilities and the video network.

2. The opening of branches, dealers, shops to release products owned by the film production facility, the basis of business registration has a business registration of the film executed under Article 7 and Article 8 of the Board issued by Decree 87 /CP December 12, 1995 and December 12, 1995. The "Universal Regulation of Film" issued by Decision No. 524 /QĐA on 9 April 1994 of the Ministry of Culture-Information and Accompanying Directions.

IV-STATE MANAGEMENT OF CINEMA

What? 14. Conditions, procedures for directing, directing, animations, artists, and recording.

1. Conditions: The application of the certificate of director, film, artist, and the artist must have one of the following conditions:

a) graduated from college.

b) The person who has not had a degree in the right profession is required to perform an apprenticon at least one film that has been popular on the film or television series and is recommended by the director of the film production facility;

c) As a deputy or assistant of the titles from the 03 films onwards and is nominated by the director of the film production facility.

2. The procedure of an executive certificate:

The certificate officer must have a Department of Culture-Information (Image Services) file. The profile consists of:

a)

b) The exact theoretical copy of the agency or the local government;

c) A degree in the body of a specialized organ with the confirmation of the competent organ.

For those who do not have a degree in college, there must be a confirmation text and a recommendation by the director of the film's production base under the stipulation at the b point, point c 1 this.

3. In the 30-day period since the receipt of the Ministry of Culture records-The review information and the certificate of conduct only practice for the person to practice. The application for a certificate of practice was 1 1/1997. As of January 1, 1998, there was no director of the practice, filming, animators, and film production facilities.

What? 15. The functions, duties and powers of the Bureau of cinema.

The Bureau of Cinema is the agency that helps the Minister for Culture-Information organization performs the management of the State Administration of Cinema in the country.

Article 24 of Decree 48 /CP, Minister of Culture-Information delivered to the Bureau of Motion Picture:

1. Organization for the Central Film Board for Film review, video tape. At the conclusion of the Central Film Board's conclusion, the decision to allow or not to allow for the release of the film, the disc tape from the browser units;

2. Release the control label to paste onto the ice that is allowed to circulate in the country;

3. Judge filing for the establishment of a film production facility, the basis of film export in the country, the basis of film production in the Central to the Ministry of Culture-The decision to establish or agree to the establishment; 4. The certificate of only practice for corporate titles. It ' s a film that ' s made in Article 12;

5. Level the operating license for video-based personnel facilities in the country.

What? 16. Functions, duties, jurisdiction of the Department of Culture-Information.

The Department of Culture-Information is the body responsible for the People's Committee of the Province, the Central City of the Central Committee to do the State Administration of Local Power Operations.

The Ministry of Culture-Information on duty and authority:

1. The filing appraiseplan for the establishment of a film, which has a local film, the Provincial People's Committee, the central city of the Central Committee to establish it;

2. Licensee for the agency, the production organization for the widespread popularity of the films, the disc-shaped tape stipulated at 2 Article 8 of this information;

3. Browse and allow for the circulation of films, domestic production discs in the country or imported provisions at paragraph 2 Article 8 of this;

4. Ret, replanning and licensing of operations for local and local ice-rental shops as stipulated in Article 8 of the Regulation, film business, video tape issued in accordance with Decree 87 /CP on December 12, 1995 of the Government;

5. Consider and license the opening of the sale and lease of the ice for the production facilities, the planned film release facility.

What? 17. Devolve administrative responsibility between the Ministry of Culture-Information and the Provincial People's Committee.

1. Chairman of the Provincial Committee of the Provincial People, the central city of the central government has the right:

a) The suspension of the operation of the local film and film release facilities if those facilities violate the law;

b) The suspension of the activities of the film's production facilities, the production facility, the entry of the film, the basis of the film's film and film release, if the facility violates the law and must report to the Minister of Culture-Information;

c) recall, confiscate or forbidding the circulation of a circulation of film, local business violation of paragraph 3 Article 2 of the Resolution 48 /CP. The destruction of the film is the propagation of adultery, deprave, criminal acts, social crimes, superstiination, and the destruction of customs and ecological environments.

2. The Minister of Culture-Information has the power to suspend operations, revoking the creation permit, the license to practice, the prohibition of circulation, the recall, confiscation, the destruction of the film ' s copyright infringement of the film production facility, the entry of the film, the release of the film. and movie in the country.

What? 18. Detective, check, breach.

1. The specialized inspection organization on Cinema is a department in the State Inspector System of Culture-Information established at the Ministry of Culture-Information and Culture Department-Information Operations under Decision No. 345/TTg on 27 May 1996 of Prime Minister of Culture. The government.

The current implementation of the motion picture is at Article 27 of the 48th /CP Protocol.

2. The handling of violations in the production of film production, film dissemination, the export of the film made in accordance with the provisions of the Ordinal Disposal Ordinance, the decrees that guide the ordinance and other provisions of the law.

V-THE EXECUTION CLAUSE

What? 19. Rearrangement of the provincial office of the provinces, the central city (Article 32 of the 48 /CP Protocol).

On 17 July 1995, the Government and Government Committee of the Province, the Central Committee of the Provinces, was rearranging the local film companies. If it was a business, then it would be called the Company to release the film and shine the ball. The case found that the activity was not economically efficient despite being entitled to incentives for the state-owned enterprise to work as a dynamic capital, the high-level, deep-zone, and rural areas that were preferable to the tax, Basic depreciation, capital loans, etc. It can be converted into a career unit with a unified and unified name called the Center for the Film and Projection Ball. Do not set up a company (or center) to release the film and shine a district ball. Do not merge the cinema with other disciplines.

What? 20. The effect of execution.

This message comes into effect from the date of the board. The license to open the sale and lease of the ice sheet due to the previously granted district-level cultural authority is not in effect. The provisions and guidelines of the Ministry of Culture-Information previously left with this message were abolished.