Tiếng Việt
中文Film production enterprises operate under the Cinema Law No. 05/2022/QH15 (effective from 01/01/2023, replacing the Cinema Law 2006). Below are the basic rights and obligations of film production enterprises.
1. Conditions for Film Production
Under the Cinema Law 2022, a film production organization must be a lawfully established enterprise or public service unit. Film production does not require a separate production license, but films must be classified and may only be disseminated when the classification result is appropriate.
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2. Rights of Film Production Enterprises
Under the Cinema Law 2022, film production enterprises have the following rights:
- Autonomy in creative activities and film production in accordance with the law;
- State protection of copyright and related rights in cinematographic works;
- Entitlement to the State’s preferential policies and support for cinematography development;
- Cooperation with domestic and foreign organizations and individuals in film production.
3. Obligations of Film Production Enterprises
Under the Cinema Law 2022, film production enterprises have the following obligations:
- Not producing films with content prohibited by law;
- Classifying films before dissemination; being responsible for film content;
- Complying with regulations on copyright, related rights, and financial and tax obligations;
- Reporting film production activities to the competent state management authority as prescribed.
4. Head of a Film Production Enterprise
The Cinema Law 2022 no longer separately prescribes standards for the General Director or Director of cinematography enterprises as the Cinema Law 2006 did. The appointment of the enterprise head is carried out under the Law on Enterprises 2020 and the company charter.
Notes on Application
The Cinema Law 2006 expired on 01/01/2023. The conditions and standards in the old law are no longer applicable grounds; enterprises should refer directly to the Cinema Law 2022 and its implementing guidance.
Common Risks to Note
- Disseminating films that have not been classified or are misclassified;
- Producing or distributing films with content violating prohibitions;
- Infringing copyright during production.
How Can ANT Legal Help?
ANT Legal advises on cinematography operating conditions, reviews film content and the legal obligations of film production enterprises. For advice, please contact an ANT Legal lawyer.
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