Thông tư 05/2023/TT-BVHTTDL

CIRCULAR

PRESCRIBING FILM RATING CRITERIA AND DISPLAY OF FILM RATINGS AND WARNINGS

MINISTER OF CULTURE, SPORTS AND TOURISM

Pursuant to the Law on Cinematography dated June 15, 2022;

Pursuant to the Government's Decree No. 01/2023/ND-CP dated January 16, 2023, defining the functions, tasks, powers and organizational structure of the Ministry of Culture, Sport and Tourism;

At the request of the Director General of the Cinema Department;

The Minister of Culture, Sports and Tourism herein promulgates the Circular on film rating criteria and display of film ratings and warnings.

Article 1. Scope and subjects of application

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2. This Circular applies to authorities, enterprises, entities and persons involved in film dissemination activities.

Article 2. Film ratings

Film ratings determined according to the rating criteria defined in Article 3 herein are arranged in ascending order as follows:

1. P rated: Eligible for dissemination to viewers of all ages;

2. K rated: Eligible for dissemination to viewers under 13 years old, provided that they are with their parents or guardians;

3. T13 rated (13+): Eligible for dissemination to viewers from 13 years old or older;

4. T16 rated (16+): Eligible for dissemination to viewers from 16 years old or older;

5. T18 rated (18+): Eligible for dissemination to viewers from 18 years old or older;

6. C rated: Prohibited from dissemination.

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1. Films shall be rated according to the following criteria:

a) Theme and content;

b) Violence;

c) Nudity and sex;

d) Drugs, stimulants and addictive substances;

dd) Horror;

e) Vulgar language;

g) Dangerous and easily imitable behavior.

2. Film rating as per Article 2 herein shall adhere to the following principles:

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b) Film rating must be based on the manner of expression; specific situations and contexts; interactivity; frequency; duration; level of detail of images, sound, lighting, and dialogue; and the level of impact on viewers, in which the importance of the context and the level of impact on viewers and listeners are priority factors in rating a film;

c) A film is rated at a lower level when:

- Its content is depicted verbally rather than visually;

- The images of the film have a low level of impact.

d) A film is rated at a more stringent level when its content:

- Contains more details, including close-ups and slow motion;

- Uses highlighting techniques such as lighting, perspective, and resolution;

- Uses special effects such as light, sound, noise, resolution, color, image size, characteristics, and tones;

- Is realistic instead of stylized;

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- Has an impact at a level increased by a combination of rating factors.

dd) A film that is in the middle of the given ratings may be rated at a lower level if it has a way of handling the situation and the situation-handling result conveying an educational and humane message, praising moral and social values, and having positive impacts on viewers.

3. The theme and content factor of a film shall be determined according to the general principles specified in Clause 2 of this Article and purposes, nature and way of handling of situations as follows:

a) Level of impact that results in the formation of emotions, ideas, aesthetics, understanding, and the acceptance of the theme or content of the film by age groups of viewers;

b) Protecting viewers from the false perception of ethical values, mores, family and social relations; ethnicity, belief, religion; children's rights, discrimination and sensitive, implied, metaphorical topics.

4. The violence factor of a film shall be determined according to the general principles specified in Clause 2 of this Article and purposes, nature and way of handling of the situation that the film depicts, specifically including:

a) Realism of situations, presence of children and/or women in scenes of violence or scenes of animal abuse;

b) Scenes that encourage violence; characters gaining the experience of self-satisfaction in pain, promoting or flaunting violence;

c) Unprovoked violence; contents that make viewers assume that victims enjoy violence, or encourage viewers to perform the imitation;

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dd) Explicitly showing acts of crime and violence involving the use of weapons; images that inflict pain, show bleeding and callousness to victims.

5. The nudity and sex factor of a film shall be determined according to the general principles specified in Clause 2 of this Article and purposes, nature and way of handling of the situation that the film depicts, specifically including:

a) The theme, content and images of nudity or sexual activity that are not meant for pornographic acts or sexual assaults, except with the intention of condemning or criticizing these acts; that serve educational purposes, convey educational messages, and are fitted to the content of the film;

b) Behaviors shown by the film that are meant for or incite sexual activities;

c) Acts of sexual violence, including rape and coercive sexual violence, that involve a group of characters; emphasize the victim's pain and fear, focus on images of the victims being restrained, helpless, and the attacker's enjoyment;

d) Ways of presenting images of nudity or sexual activities, such as directly, explicitly or indirectly staging these images or activities by using sound, language, gestures, or visual effects;

dd) Depicting sexual activities, i.e. hugging and kissing, without going into details;

e) Frequency with which images of nudity or sexual activity are shown in the film;

g) Age of characters involved in scenes of sexual activity;

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6. The rating factor involving drugs, stimulants and addictive substances contained in films shall be determined according to the general principles specified in Clause 2 of this Article and the purposes of not providing instructions on how to illegally produce, use, advertise, market, traffic in, transport, conceal drugs, stimulants and addictive substances, or other illegal purposes, except in case of condemning and criticizing these acts and being fitted into the content of a film.

7. The horror factor of a film shall be determined according to the general principles specified in Clause 2 of this Article and purposes, nature and way of handling of the situation that the film depicts, specifically including:

a) Factors that cause viewers stress, incitement or anxiety, and affect the mental and physical health of viewers;

b) Level of impact created by realistic, stimulating and continuous horror-related audio or visual effects;

c) Overall tone, mood and atmosphere of the entire film; duration and frequency of horror scenes.

8. The language factor of a film shall be determined according to the general principles specified in Clause 2 of this Article and purposes, nature and way of handling of the situation that the film depicts, specifically including:

a) Rude gestures; obscene, insulting, profane or foul images, sounds or language, including slang;

b) Degree of profanity of the used language or context; community, cultural and social sensitivity associated with the use of vulgar images, sounds, and language;

c) Dialogues likely to incite interest in acts of sexual abuse;

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9. The factor involving dangerous and easily imitable behaviors of a film shall be determined according to the general principles specified in Clause 2 of this Article and the level of impact on viewers, specifically including:

a) Detailed visual or linguistic depiction of crime techniques, violent behaviors, and instructions on the use of easily accessible weapons, such as cutlery, sharp objects or objects that are likely to maim or kill humans, other than with the intention of condemning these acts and being fitted into the content of the film;

b) Direct or indirect depictions, including encouragement or incitement of actions that may be imitated by viewers, such as use of drugs, weapons, suicidal behavior, acts of self-harm, school violence, or other illegal acts;

c) Level of conscious or unconscious impact on viewers.

10. Content of film rating criteria is prescribed in the Appendix hereto.

Article 4. Display of film ratings and warnings

1. Principles for displaying film ratings

a) The rating of a film, except a P rated film, must be displayed when the film is disseminated;

b) The display of a film rating must ensure that information about the film rating and warning content is provided for a period of time sufficient for the viewer to receive information;

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d) For films that are disseminated on television and in cyberspace, cinema establishments must clearly and prominently display their ratings in the program introduction/display folder on the device's screen interface in order for listeners and viewers to make a decision to listen to and watch the films provided on the service;

The rating must continuously appear in the upper left or right corner of the screen during the film dissemination duration, ensuring that it does not overlap with service or other icons;

2. Principles for displaying warnings

a) Warnings must be displayed before and during the dissemination of films;

b) Warnings must be displayed by using one or more appropriate methods, including but not limited to verbal or written warnings;

c) For films that are disseminated in the cinemas; at the headquarters of foreign diplomatic missions and cultural establishments set up in Vietnam; films that are disseminated on public means and other audio-visual media: Display a written or verbal warning before the dissemination, right below the rating icon for the disseminated film.

d) For films that are disseminated on television and in cyberspace: Play a written or verbal warning at least three seconds after the dissemination, right below the rating icon for the disseminated film; up to three times during the dissemination of a film with a duration of 20 minutes or more.

3. Displayed contents of film ratings and warnings

a) Displayed contents are the film ratings defined in Article 2 herein;

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If all seven rating criteria above appear in a film, warnings for these seven rating criteria are required.

Article 5. Implementation

1. The Cinema Department shall preside over and cooperate with relevant authorities or units in providing guidance on and inspecting the implementation of this Circular.

2. Agencies, enterprises, entities and persons involved in dissemination of films shall, intra vires, undertake the implementation of this Circular.

Article 6. Entry into force

1. This Circular is entering into force as from May 20, 2023.

2. Point c of clause 1 of Article 10 in the Circular No. 12/2015/TT-BVHTTDL dated December 11, 2015 of the Minister of Culture, Sports and Tourism, amending and supplementing several Articles of the Regulations on assessment and grant of permits or licenses for film dissemination enclosed in the Decree No. 49/2008/QD-BVHTTDL dated July 9, 2008 of the Minister of Culture, Sports and Tourism, shall be abolished.

3. In the course of implementation of this Circular, should there be any issue that arises, authorities, entities and persons are requested to promptly inform the Ministry of Culture, Sports and Tourism (via the Cinema Department) about such issue so that the Ministry can study, amend and supplement this Circular accordingly./.

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MINISTER




Nguyen Van Hung

APPENDIX

FILM RATING CRITERIA
(to the Circular No. /2023/TT-BVHTTDL dated (day month 2023) of the Minister of Culture, Sport and Tourism)

I. Definitions

For the purpose of this Appendix, the terms used herein shall be construed as follows:

1. Depiction (or “depict” used as a verb form) means the use of language, images, sound, light or some other way to make viewers imagine the meaning of the content to be represented.

2. Mild depiction (or “depicted at a mild level” used as an expression) means a fleeting, unexplicit and unelaborate depiction having a below-average level of impact on viewers.

3. Medium depiction (or “depicted at a medium level” used as an expression) means a depiction with extra detail that has a moderate level of impact on viewers.

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5. Excessive depiction (or “depicted at an excessive level” used as an expression) means a strong depiction, especially in terms of nature, frequency, duration, which has impact on viewers beyond the permissible limit, or at an unacceptable level.

6. Deep exploration (or “explored in a deep manner” used as an expression) means an above-average detailed depiction intended to emphasize the content to be represented.

7. Regular occurrence (or “occur regularly” used as an expression) means the repeated and continuous appearance or presence of similar images, sounds, lights and language ​​in a specified or unspecified period of time.

8. Detailed depiction (or “depicted in detail” used as an expression) means a clear, explicit, and close-up depiction of characters, contexts, and actions in a film, including specific scenes, close-ups, images that are in slow motion, retarded or repeated.

9. Lengthened duration means the time that images, language, sounds, and lights are depicted longer than normal.

10. Level of impact on viewers means the degree to which viewers’ thoughts, perceptions and actions are changed positively or negatively, unconsciously or consciously.

11. Imitation of a film’s actions means the act of following, imitating, or copying behaviors, words, or gestures of a character in a film, either consciously or unconsciously.

II. Film ratings

No.

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Factor description

1

P

Eligible for dissemination to viewers of all ages

a) Theme and content

The film to be rated is of an educational or entertaining nature, or encourages moral values and positive social relations.

b) Violence

- Images, sounds, or language showing the scenes of threatening, intimidating or beating other people are not allowed, except if such images, sounds, or language are fitted into the content of the film to be rated; the depiction is mild; the exploration is not deep; and a level of impact on viewers is low;

- Depiction of sexual violence is not allowed.

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- Images showing nudity, or images, sounds, or language depicting sexual activities are not accepted;

- Films with special content and themes, such as historical or documentary films about wars or genocide; science-education films, or films related to health or health care, ways of life of natives, indigenous people or ethnic minorities, customs or habits of the countries or territories introduced in these films, may contain images showing back views of half-naked characters provided that the depiction is mild; the occurrence is not regular; and the duration is not lengthened.

d) Drugs, stimulants and addictive substances

Images, sounds, or language depicting the use of drugs, stimulants or addictive substances are not allowed.

dd) Horror

Images, sounds or language of horror are not allowed.

e) Vulgar language

Rude or vulgar images, sounds or language are not allowed.

g) Dangerous and easily imitable behaviors

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2

K

Eligible for dissemination to viewers under 13 years old, provided that they are with their parents or guardians

a) Theme and content

- The same as those of P rated films;

- Content that requires guidance from parents and guardians is depicted at a mild level with little impact on viewers, and must be appropriate for the context.

b) Violence

- Images, sounds, or language showing violent behavior are depicted at a mild level, not detailed, do not appear frequently, have a slight impact on viewers, and must be appropriate to the theme and content of the film to be rated;

- Depiction of sexual violence is not allowed.

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- Films may contain images showing back views of half-naked characters that are not depicted in detail; do not occur regularly; do not appear for the lengthened duration; and are not associated with sexual activities;

- Films with special content and themes, such as historical or documentary films about wars or genocide; science-education films, or films related to health or health care, ways of life of natives, indigenous people or ethnic minorities, customs or habits of the countries or territories introduced in these films, may contain images showing back views of half-naked characters provided that the depiction is mild; the occurrence is not regular; and the duration is not lengthened;

- Images, sounds, or language depicting sexual activities are not accepted.

d) Drugs, stimulants and addictive substances

Images, sounds, or language showing the use of drugs, stimulants, or addictive substances, may be accepted if they serve the purposes of condemning, opposing those behaviors, or are associated with clear educational purposes and messages; are depicted in an implied and tactful manner, and are fitted into the content of the film to be rated;

dd) Horror

Horror images, sounds, and language are depicted at a mild level without going into detail; without lasting for the lengthened duration and occurring frequently; and with little impact and without inflicting a sense of threat on viewers. The result of such images, sounds or language should make viewers feel reassured and relieved.

e) Vulgar language

Films may contain vulgar images, sounds, or language that are depicted at a mild level; do not appear frequently, and must be appropriate to the theme and content of the film to be rated, such as using slang, or ways of handling situations in a humorous manner.

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Films do not contain images, sounds, or language that encourage or incite the imitation of actions in films, such as drug use; suicide; school violence; weapon use; or other illegal acts, except if such images, sounds, or language are fitted into the content of the film to be rated; are used for conveying clear educational messages; the depiction is implied in a tactful manner, and the exploration is not deep.

3

T13 (13+)

Eligible for dissemination to viewers from 13 years old or older

a) Theme and content

- The content of the film to be rated does not reflect the problems that cause viewers aged 13 or over cognitive or emotional distortion, psychological disorder; make viewers fall into a state of fear, pessimism, or boredom; negatively affect the formation and development of the personality of teenage viewers;

- For action, horror, or child abuse films, the theme and content of action, horror or child abuse may be depicted at a mild level without going into detail, occurring regularly, and being explored in a deep manner.

b) Violence

- Images, sounds, or language showing violent behaviors are depicted at a mild level without going into detail; do not appear frequently; have a slight impact on viewers; and need to be appropriate to the theme and content of the film to be rated;

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- Depiction of sexual violence is not allowed.

c) Nudity and sex

- Films may contain images showing back views of half-naked characters that are depicted at a mild level, without going into detail; do not appear for the lengthened duration; do not occur regularly; and are not associated with sexual activities;

- Films with special content and themes, such as historical or documentary films about wars or genocide; science-education films, or films related to health or health care, ways of life of natives, indigenous people or ethnic minorities, customs or habits of the countries or territories introduced in these films, may contain images showing obvious or full-body views of naked characters provided that the depiction is mild; the occurrence is not regular; and the duration is not lengthened;

- Images, sounds, or language depicting sexual activities are not accepted.

d) Drugs, stimulants and addictive substances

Images, sounds, or language showing the use of drugs, stimulants, or addictive substances, may be accepted if they serve the purposes of condemning, or opposing those behaviors, or are associated with clear educational purposes and messages; are depicted at a mild level without going into detail, occurring regularly, and fitted to the theme and content of the film to be rated.

dd) Horror

Horror images, sounds, or language are depicted at a medium level without going into detail; without occurring frequently; and inflict a slight sense of threat on viewers. The result of such images, sounds or language should make viewers feel reassured and relieved.

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The same as those of K rated films.

g) Dangerous and easily imitable behaviors

- The same as those of K rated films;

- Detailed depiction of any potentially dangerous behavior that viewers aged 13 or over can imitate is not accepted, except if that behavior is demonstrated in a safe or humorous manner;

- Detailed depiction of easily accessible weapons, such as cutlery, sharp objects, or objects easily causing injury, is not accepted. The film to be rated does not contain images showing anti-social behaviors that viewers aged 13 or over may copy or imitate.

4

T16 (16+)

Eligible for dissemination to viewers from 16 years old or older

a) Theme and content

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- For action, horror, or child abuse films, the theme and content of action, horror or child abuse may be depicted at a medium level without going into detail, occurring regularly, and being explored in a deep manner.

- Themes, such as self-harm, life-threatening for objective reasons or suicide, should be presented indirectly, depicted at a mild level without lasting for the lengthened duration, and need to be appropriate to the content of the film to be rated.

b) Violence

- Images, sounds, or language showing violent behaviors, such as killing people, inflicting pain, injury, or bleeding, are depicted at a mild level; do not occur regularly; do not last for the lengthened duration, depress and have an impact on viewers at a medium level, except as they are fitted to the content of the film to be rated;

- Implied depiction of sexual violence scenes is allowed as long as these scenes are depicted at a mild level, and fitted into the content of the film to be rated.

c) Nudity and sex

- Images showing nudity may be accepted if they are depicted at a medium level; do not occur regularly; do not last for the lengthened duration; do not involve close-ups or detailed descriptions of genital; are not associated with sexual activities; and are fitted to the content of the film to be rated;

- Funny contexts, humorous situations, or language showing allusions may be used to depict nudity in detail provided that they do not occur regularly; do not last for the lengthened duration; and are fitted to the content of the film to be rated;

- The film to be rated may contain images showing full-body views of characters involved in sexual activities, or sexual activities of educational value that are depicted at a mild level; do not occur regularly; do not appear for the lengthened duration.

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- Images, sounds, or language associated with drugs, stimulants, or addictive substances may be accepted if they are not depicted in detail; do not occur regularly; do not last for the lengthened duration; and are fitted to the content of the film to be rated. In general, the film to be rated is not allowed to promote, provide detailed instructions about, or encourage the use of drugs, stimulants, or addictive substances;

- Images, sounds, or language showing the abuse of highly dangerous and easily accessible substances, such as solvents and acids, are not accepted.

dd) Horror

- Films contain horror images, sounds, and language depicted at a strong level without lasting for the lengthened duration and exploring threats of violence in a deep manner;

- Films cause depression or a sense of threat for viewers at a medium level.

e) Vulgar language

- Films contain vulgar images, sounds, or language if they are depicted at a medium level; do not appear frequently, and are fitted to the content of the film to be rated;

- Villains in the film to be rated may use some swear or slang words if they are not meant to hurt viewers and community. Use of language intended for sexual harassment or abuse is prohibited.

g) Dangerous and easily imitable behaviors

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5

T18 (18+)

Eligible for dissemination to viewers from 18 years old or older

a) Theme and content

- The content of the film to be rated deals with adult matters that can be depicted at a strong level and in detail provided that they do not last for the lengthened duration; do not occur regularly, and are fitted to the content of the film.

- For action, horror, or child abuse films, the theme and content of action, horror or child abuse may be depicted at a strong level in detail; have a strong level of impact on viewers without occurring regularly, and lasting for the lengthened duration;

- For films with sensitive themes and contents, realistic topics about politics, culture, society, or economy, these themes, contents or topics may be depicted at a medium level; can be explored in a deep manner; do not last for the lengthened duration; do not occur regularly; have a medium level of impact on viewers.

b) Violence

- Films may contain images, sounds, and language depicting violent behaviors that affect viewers from an over-strong to under-excessive level; can be depicted at a strong level provided that they do not last for the lengthened duration; occur with medium frequency; and are appropriate to the genre of the film to be rated;

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c) Nudity and sex

- Films may contain images showing full-body nudity that are depicted at a medium level; do not last for the lengthened duration; do not involve close-ups or detailed descriptions of genital; are fitted to the content of the film to be rated. Films are not allowed to both overuse nude images and cause sexual incitement;

- Films are not allowed to contain images, sounds, or language explicitly showing or depicting in detail sexual activities, except if such images, sounds or language are fitted to the content of the film to be rated; do not last for the lengthened duration; and do not explore sexual activities in a deep manner.

d) Drugs, stimulants and addictive substances

- The same as those of T16 rated films;

- Films do not contain images, sounds, or language ​​that represent the sale, production, and possession of drugs or addictive substances, except in the case of condemning, criticizing these wrongdoings, and lead to the consequence that characters performing these acts must be punished or eliminated.

dd) Horror

Films contain horrible, terrifying, frightening or fearful images, sounds or language that are depicted at a strong level with a constant sense of threat; do not last for the lengthened duration; do not have an excessive level of psychological and emotional impact on viewers.

e) Vulgar language

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- Films of which the theme is about social realism may contain vulgar images, sounds, or language that occur regularly if they do not last for the lengthened duration, and are fitted to the content of the film to be rated.

g) Dangerous and easily imitable behaviors

- Since the film to be rated contains dangerous or easily imitable images, sounds, or language, or the way of handling the situation that leads viewers to exposure to the risk of being harmed, or causes social harms through their behaviors, the result must be radically handled, and convey educational and preventive messages;

- Images, sounds, or language representing easily imitable behaviors are not depicted in detail; do not occur regularly; and have a medium level of impact on viewers.

6

C

Prohibited from dissemination

- Films are in contravention of Article 9 in the Law on Cinematography. Films present strictly prohibited cinematographic contents and acts;

- Films depict rating factors at an excessive level.

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