Thông tư 02/2014/TT-BVHTTDL

CIRCULAR

PROVIDING FOR THE RESTRICTION ON TOBACCO USE IN THEATRICAL AND CINEMATOGRAPHIC WORKS

Pursuant to the Law on tobacco harm prevention 2012;

Pursuant to the Law on Cinematography 2006 and Law on amendments to the Law on Cinematography 2009;

Pursuant to the Decree No. 79/2012/NĐ-CP dated October 05, 2012 by the Government on art or fashion show; modal contests and beauty contests; the circulation and trade of audio and video recordings of art performances;

Pursuant to the Decree No. 76/2013/NĐ-CP dated July 16, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Culture, Sports and Tourism;

At the request of Head of Legal Department;

The Minister of Culture, Sports and Tourism promulgates the Circular providing for the restriction on tobacco use in theatrical and cinematographic works.

Article 1. Scope of regulation and regulated entities

1. This Circular provides for the principles of restriction on tobacco use in theatrical and cinematographic works (including the ones broadcast on TV); restriction on use of images of actors and actresses using tobaccos in theatrical and cinematographic works and responsibilities of relevant organizations/individuals.

Use of tobaccos includes the smoking, chewing, smelling, sniffing, and sucking tobacco products.

2. This Circular applies to any organizations/individuals involved in the theatrical and cinematographic activities.

Article 2. Principles of restriction on tobaccos in theatrical and cinematographic works

1. The prohibited acts or violations against regulations on obligations of smokers specified in Articles 9 and 13 of the Law on tobacco harm prevention must not be depicted in theatrical and cinematographic works, except for the use of tobacco serving the criticism and condemnation of such prohibited acts and violations.

2. Organizations/individuals success by manufacturing and trading of tobacco products must not be praised.

3. Tobaccos must not be used in theatrical and cinematographic works for kids.

Article 3. Restriction on images of actors/actresses using tobaccos in theatrical works

1. Images of actors/actresses using tobaccos shall be only used in theatrical works that:

a) Depict a real historical person;

b) Recreate a certain historical stage;

c) Criticize or condemn the use of tobaccos;

d) Serve other artistic purposes that are approved by Art Council.

2. Actors/actresses must not perform the real acts of smoking on stage.

Article 4. Restriction on images of actors/actresses using tobaccos in cinematographic works

1. Images of actors/actresses using tobaccos shall be only used in cinematographic works serving the purposes specified in clause 1 Article 3 of this Circular.

2. With regard to films with lots of images of actors/actresses using tobacco according to the assessment of the Appraisal Council, there shall be warnings about the tobacco harm by texts or pictures before or in the films; such films must be rated by age.

Article 5. Responsibilities of relevant organizations/individuals

1. Department of Cinema and Department of Performing arts, basing on their functions, tasks, powers, shall cooperate with Legal Department - the Ministry of Culture, Sports and Tourism in providing guidelines, conducting inspections and organizing the implementation of this Circular nationwide.

2. The Services of Culture, Sports and Tourism of provinces shall be responsible for the implementation of this Circular in local areas.

3. Any organization/individual that performs or organizes the art shows; produces, imports or publishes films; any writer, director and other relevant organizations/individuals area responsible for ensuring the implementation of regulations on restriction of tobacco use according to the provisions of this Circular during the specialist activities.

Article 6. Application to theatrical and cinematographic works that have been published

If a cinematographic work issued with license for publishing/recorded video of theatrical work issued with license for approval for contents has images of use of tobacco unconformable to the regulations in this Circular, the warnings about the tobacco harm by texts or pictures must be added within 1 year from the day on which this Circular comes into effect.

Article 7. Effect

1. This Circular comes into effect from July 01, 2014.

2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism for consideration and prompt solution./.