Overview of Cinematography Law in Vietnam. How to navigate changes?

  

Navigating Vietnam’s Cinematic Terrain: 

In the wake of the substantial amendments brought forth by the 2022 Cinematography Law in Vietnam, the country’s entertainment and media industry finds itself at a pivotal juncture. In this dynamic landscape, engaging the services of a specialized entertainment and media law firm in Vietnam becomes not only prudent but imperative. With nuanced changes impacting film production, distribution, online broadcasting, and more, the need for expert legal guidance has never been more pronounced. 

This article delves into the intricacies of the revised cinematic legal framework and elucidates why enlisting the expertise of such a law firm is paramount for industry stakeholders navigating the multifaceted terrain of Vietnam’s cinematic endeavors.

Overview of Cinematography Law in Vietnam

The 2022 Cinematography Law in Vietnam introduces significant amendments and additions, addressing key aspects of the cinematic landscape. This overview explores the nuanced changes and provisions brought forth by this updated legislation.

Conceptual Clarifications:
The new law inherits, revises, and supplements terms defined in the 2006 Cinematography Law, introducing new terms such as “Film Industry,” “Film Classification,” “Vietnamese Film,” “Film Studio,” and “Public Film Screening Venue.” Notably, the redefinition of the term “Film” plays a pivotal role in precisely determining which products within the audio-visual domain fall under the purview of the Cinematography Law.

State Policies on Cinematic Development:
The 2022 Cinematography Law outlines state investment and support mechanisms to enhance flexibility in the state’s policies toward cinematographic activities. The law explicitly delineates state mechanisms for resource mobilization, investment, and the development of cinematography and the film industry. These policies are reorganized to ensure logical coherence, aligning with legal regulations on investment and state budgets while encouraging increased societal involvement in cinematic activities.

Prohibited Content and Behaviors:
The law elaborates in detail on prohibited content and behaviors within cinematographic activities, providing a conducive framework for compliance and adherence to the law.

Innovations in Film Production:
Key innovations in film production include regulations on providing set location services for filming in Vietnam. The law streamlines the permit application process, requiring only a summarized script and a detailed script for scenes shot in Vietnam, departing from the full script requirement in the 2006 Cinematography Law. Additionally, the law introduces three forms of state-funded film production: task assignment, commissioning, and bidding, expanding the scope of entities eligible to be investors in state-funded film production.

Incentives for Foreign Organizations Using Vietnamese Film Services:
A novel addition to the law is the provision of incentives for foreign organizations utilizing Vietnamese film services. This aims to enhance the professionalism of the filmmaking workforce, promote the image of Vietnam, and stimulate the development of cinema, tourism, and related service industries. Comparable policies have been successfully implemented in several countries worldwide.

Film Distribution:
Unlike the 2006 law, the 2022 Cinematography Law does not categorize film distribution as a conditional business sector. This omission aims to facilitate investment and business operations in the film distribution sector.  This is an encouraging points for foreign investors setting up company in film distribution in Vietnam.

Online Film Broadcasting:
The law precisely defines entities permitted to broadcast films online, along with requirements and conditions ensuring compliance with film classification regulations. It mandates notifying the Ministry of Culture, Sports, and Tourism of the list of films to be broadcast, along with their classification results, before online broadcasting. The law also outlines technical measures and guidelines for parents or guardians to control and manage age-appropriate film viewing for children.

Film Classification, Appraisal, and Classification Certificates:
The law establishes a tiered system for Provincial People’s Committees to issue film classification certificates, subject to compliance with regulations set by the Ministry of Culture, Sports, and Tourism. This approach, though not entirely new, is more practically feasible than the provisions in the 2006 Cinematography Law.

Film Festivals, Awards, Competitions, Programs, and Weeks in Vietnam:
Compared to the 2006 law, the 2022 Cinematography Law expands the entities authorized to organize film festivals, awards, competitions, programs, and weeks in Vietnam. Various government bodies, political organizations, and social-professional organizations at the central and provincial levels are now empowered to conduct these events.

Film Development Support Fund:
The law supplements and clarifies the purpose and operational principles of the Film Development Support Fund, aiming to enhance its feasibility.

In conclusion, the 2022 Cinematography Law in Vietnam represents a significant and comprehensive update, addressing a spectrum of issues to propel the Vietnamese cinematic landscape into a new era.

Importance of Engaging an Entertainment and Media Law Firm in Vietnam

In light of the nuanced and comprehensive changes introduced by the 2022 Cinematography Law in Vietnam, it becomes imperative for individuals and entities involved in the entertainment and media industry to consider the services of a specialized law firm. The multifaceted nature of the legal amendments and the intricacies involved in the cinematic landscape underscore the significance of professional legal guidance. Here are compelling reasons to hire an entertainment and media law firm in Vietnam for advisory purposes:

1. Navigating Legal Complexities:
The Cinematography Law introduces a range of new terms, policy adjustments, and prohibitions, demanding a thorough understanding of the legal landscape. An entertainment and media law firm possesses the expertise to navigate these complexities, ensuring that clients comprehend the implications of the law on their specific activities.

2. Compliance Assurance:
Given the detailed provisions related to prohibited content, behaviors, and the intricacies of film production, distribution, and broadcasting, having legal experts on board ensures strict compliance with the law. This is crucial for avoiding legal repercussions and maintaining the integrity of cinematic endeavors.

3. Contractual Expertise in Film Production:
The innovations in film production, including the various forms of state-funded projects and incentives for foreign organizations, necessitate sound contractual expertise. An entertainment and media law firm can provide comprehensive assistance in drafting, reviewing, and negotiating contracts, safeguarding the interests of all parties involved in film production.

4. Intellectual Property Protection:
The updated law emphasizes intellectual property protection, requiring a vigilant approach to safeguarding creative works, trademarks, and content. A diligent law firm in the entertainment and media sector can offer guidance on intellectual property matters, helping clients protect their assets in a rapidly evolving cinematic landscape, and represent the clients to deal with infringement of property rights, or act as entertainment and media litigation law firm in Vietnam for the clients in dealing with disputes on IP matters at court or other government agencies.

5. Online Broadcasting Compliance:
With precise regulations governing online film broadcasting and the need for compliance with film classification, legal experts can guide entities on fulfilling requirements and ensuring responsible broadcasting practices. This is particularly crucial given the prevalence of online platforms in the modern media landscape.

6. Strategic Legal Counsel on Film Festivals and Awards:
The expanded scope for organizing film festivals, awards, and related events presents both opportunities and challenges. An entertainment and media law firm in Vietnam can provide strategic counsel on organizing these events, ensuring adherence to legal frameworks while maximizing the promotional and cultural impact.

7. Efficient Film Classification and Certification Processes:
The tiered system for film classification and certification necessitates a streamlined and efficient process. Legal professionals specializing in entertainment and media law can expedite these processes, ensuring that films meet classification requirements and receive timely certification for distribution.

8. Expertise in Film Storage and Archiving:
The shift from physical film to digital formats introduces new considerations for film storage and archiving. Legal professionals can provide guidance on meeting legal obligations related to film storage, handling, and potential inspections from relevant authorities.

Engaging an entertainment and media law firm in Vietnam is not merely a legal requirement but a strategic investment in navigating the evolving cinematic landscape. The specialized expertise and industry knowledge offered by such firms are invaluable for ensuring legal compliance, protecting intellectual property, and maximizing opportunities in the dynamic entertainment and media sector.

ANT Lawyers, law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.

Source: https://antlawyers.vn/update/entertainment-and-media-law-firm-in-vietnam.html

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Tác Giả: Trần Long

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