Thông tư 11/2011/TT-BVHTTDL

CIRCULAR

GUIDING PROVISIONS ON CINEMATOGRAPHY-RELATED ADMINISTRATIVE PROCEDURES

Pursuant to the June 29, 2006 Cinematography Law and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Cinematography Law;

Pursuant to the Government's Decree No. 54/20I0/ND-CP of May 21, 2010, detailing a number of articles of the June 29, 2006 Cinematography Law and the June 18, 2009 Law Amending and Supplementing a Number of Articles of the Cinematography Law;

Pursuant to the Government's Decree No. 185/2007/ND-CP of December 25, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Culture. Sports and Tourism;

The Ministry of Culture, Sports and Tourism guides provisions on cinematography-related administrative procedures as follows:

Article 1. Scope of regulation and subjects of application

1. This Circular guides the simplification of cinematography-related administrative procedures, including:

a/ Procedures for granting certificates of eligibility for film production business;

b/ Procedures for licensing domestic organizations to cooperate or enter into joint ventures with foreign organizations or individuals to produce films or provide film production services;

c/ Procedures for organizing shows or introduction of foreign films in Vietnam;

d/ Procedures for organizing Vietnamese film days abroad;

e/ Procedures for licensing representative offices of foreign cinematographic establishments in Vietnam:

f/ Procedures for licensing overseas representative offices of Vietnamese cinemato­graphic establishments;

g/ Procedures for licensing specialized or theme film festivals:

h/ Procedures for licensing film dissemination.

2. This Circular applies to organizations and persons carrying out the cinematography-related administrative procedures provided in Clause 1 of this Article.

Article 2. Procedures for granting certificates of eligibility for film production business

An organization applying for a certificate of eligibility for film production business shall submit directly or by post to the Cinema Department one (1) dossier which comprises:

1. An application (made according to a set form);

2. Written certification of legal capital, made by a competent agency or organization:

3. Resume of the designated director or general director of the film production enterprise, certified by a competent agency or organization.

Article 3. Procedures for licensing domestic-organizations to cooperate or enter into joint ventures with foreign organizations or individuals to produce films or provide film production services

A domestic cinematographic establishment with film production function wishing to enter into cooperation or a joint venture with a foreign organization or individual shall submit directly or b\ post to the Cinema Department one (1) dossier which comprises:

1. An application of the domestic cinematographic establishment (made according to a set form):

2. Literary script in Vietnamese and a foreign language.

Article 4. Procedures for organizing shows or introduction of foreign films in Vietnam

A Vietnamese or foreign organization or individual wishing to organize show or introduction of a foreign film in Vietnam shall submit directly or by post to the Cinema Department one (1) dossier which comprises:

1. An application (made according to a set form) or a diplomatic note (for a diplomatic mission);

2. Vietnamese translation of the film voice-over;

3. The film to be showed for introduction.

Article 5. Procedures for organizing Vietnamese film days abroad

A cinematographic establishment wishing to organize Vietnamese film days abroad shall submit one (1) application (made according to a set form) to the Cinema Department.

Article 6. Procedures for licensing representative offices of foreign cinematographic establishments in Vietnam

A foreign cinematographic establishment wishing to set up a Vietnam-based represen­tative office shall submit directly or by post to the Cinema Department one (1) dossier which comprises:

1. A Vietnamese-English bilingual application (made according to a set form);

2. Written certification of the foreign cinematographic establishment's legal status, made by a foreign authority;

3. Audited financial statement or another document of equivalent validity proving the foreign cinematographic establishment's existence and operation in the latest fiscal year;

4. Copy of the cinematographic establish­ment's operation charter.

Article 7. Procedures for licensing overseas representative offices of Vietnamese cinematographic establishments

A Vietnamese cinematographic establish­ment wishing to set up an overseas representative office shall submit directly or by post to the Cinema Department one (1) dossier which comprises:

1. An application (made according to a set form);

2. Written approval of the establishment of the representative office, issued by the host country's competent state management agency.

Article 8. Procedures for licensing specialized or theme film festivals

An organization wishing to organize a specialized or theme film festival shall submit directly or by post to the Cinema Department one (1) dossier which comprises:

1. An application (made according to a set form);

2. Charter of the film festival.

Article 9. Procedures for licensing film dissemination

A cinematographic establishment applying for a film dissemination license shall submit directly or by post one (1) dossier to a competent state management agency in charge of cinematography. The appraisal and licensing of film dissemination comply with the Culture, Sports and Tourism Minister's Decision No. 49/ 2008/QD-BVHTTDL of July 9, 2008, promulgating the Regulation on appraisal and licensing of film dissemination.

Article 10. Effect

This Circular takes effect on October 15, 2011.

Article 11. Organization of implementation

Any problems arising in the course of implementation should be promptly reported to the Ministry of Culture, Sports and Tourism for study and settlement.-