Decree No. 96/2007/ND-CP dated June 06, 2007 of the Government detailing and guiding the imple-mentation of a number of articles of the Cinematography Law
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi , June 06, 2007
DETAILING AND GUIDING THE IMPLE-MENTATION OF A NUMBER OF ARTICLES OF THE CINEMATOGRAPHY LAW
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 29, 2006 Cinematography Law;
At the proposal of the Minister of Culture and Information,
Article 1.- Scope and subjects of regulation
1. This Decree details and guides the implementation of Articles 5, 6, 11, 12, 14, 24, 31, 33, 34, 35, 38, 41 and 53 of the Cinematography Law.
2. This Decree applies to organizations and individuals engaged in cinematographic activities as well as organizations and individuals involved in cinematographic activities in Vietnam.
Article 2.- Cinema industry modernization policies (detailing and guiding the implementation of Clause 1, Article 5)
1. To invest in building modern studios for indoor and outdoor filming under the cinema industry planning approved by competent agencies.
2. To modernize technologies and invest in technical-effect equipment, and comprehensive specialized technical equipment, ensuring all conditions for film production with modern technology up to international audio-visual standards and promoting art creativity in order to raise the film production capacity and the quality of cinematographic products.
3. To invest in building and renovating cinemas and equipping them with modern equipment and surround-sound projectors under the cinema industry planning approved by competent agencies.
4. The Ministry of Culture and Information shall coordinate with relevant ministries and branches in elaborating a scheme to enforce Clauses 1, 2 and 3 of this Article; and devising a scheme to develop film production and dissemination so that Vietnamese films account for at least 30% of the total films screened in cinemas and at least 40% of the total films broadcast on television.
Article 3.- Incentive policies for organizations and individuals engaged in cinematographic activities (detailing and guiding the implementation of Clause 2, Article 5)
1. The State buys part or whole of the ownership rights to films of high ideological and artistic value produced by cinematographic establishments; the purchasing prices are determined on the basis of the film quality rated by the Central Film Appraisal Council; the purchasing prices shall be approved by the Valuation Council in accordance with current law.
2. Cinematographic establishments that produce films are entitled to preferences on value-added tax, enterprise income tax and export tax under tax law.
3. Enterprises and non-business units that build cinemas for commercial film dissemination or build other works for cinematographic activities are entitled to land assignment or lease by the State under the land law.
4. Cinematographic establishments are exempt from the registration fee when they register for land use rights and house ownership rights under the provisions of law.
5. Provincial/municipal People's Committees (below collectively referred to as provincial-level People's Committees) shall adjust their land use planning, prioritizing land allocation to cinematographic establishments; and adopt incentive policies and regimes to encourage organizations and individuals to engage in cinematographic activities in their localities.
6. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture and Information and relevant ministries and branches in, guiding the implementation of Clause 2 of this Article.
Article 4.- Investment policies through a target program on cinematographic development (detailing and guiding the implementation of Clause 3, Article 5)
1. Investment in creating large-scale cinematographic works of high artistic value according to the following contents:
a/ To organize activities aiming to orient ideological themes associated with historical events and major development steps of the nation;
b/ To produce films.
2. Investment in scientific research into cinematographic activities according to the following contents:
a/ To conduct research aiming to improve the quality of creative works and bring into play social effects of cinematographic works;
b/ To apply modern science and technologies;
c/ To research into domestic and overseas cinematographic markets.
3. Human resource training and fostering:
a/ To improve the training quality of national cinematography schools, standardize curricula, invest in training and learning equipment in a comprehensive, specialized and professionalized manner in the sections of art, technique, finance, production management, and film distribution and dissemination;
b/ To send qualified persons and excellent students to cinematographically developed countries for training in art, technique, production management, and film distribution and dissemination;
c/ To attach importance to postgraduate training to supplement and develop the contingent of leading cinematography scientists.
4. The Ministry of Culture and Information shall coordinate with relevant ministries and branches in elaborating a target program on cinematographic development in accordance with Clause 3, Article 5 of the Cinematography Law and Clauses 1, 2 and 3 of this Article, and submit it to the Prime Minister for approval.
Article 5.- Policies on ordered film production (detailing and guiding the implementation of Clause 4, Article 5)
1. The State orders the production of feature films with themes on children, historical traditions and ethnic minority groups; documentaries, scientific films and cartoons.
2. The order and procedures for the production of State-ordered films comply with Article 12 of this Decree.
3. The Ministry of Culture and Information shall coordinate with the Ministry of Planning and Investment and the Ministry of Finance in elaborating plans on production of ordered films specified in Clause 1 of this Article.
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