REGULATIONS ON RELEASE OF SHORT FILM ON OTT PLATFORMS 

Short films have gradually become a type of film that young people are interested in in recent years, especially reels or OTT applications. Although short film genres have relatively small durations and production scales, their release must still fully comply with current Vietnamese laws. What conditions must be met when importing short films and releasing them on OTT platforms? 

1. Short films are subject to regulation under the 2022 Cinema Law 

According to Clause 2, Article 3 of the 2022 Cinema Law, a film is a cinematographic work with content expressed in continuous moving images or images created by technical and technological devices; with or without sound and other effects according to the principles of cinematographic language; recorded on materials, digitally or by other technical means and disseminated to viewers, including feature films, documentaries, scientific films, animated films and films combining many types. 

From the definition of the law, films are defined based on the method of creating moving images, not excluding the duration of a film. Therefore, short films are regulated by the Law on Cinema and related guided documents. 

2. Conditions that businesses must comply with 

Enterprises importing short films from abroad to screen on OTT platforms must carry out 02 (two) main procedures: (i) Film distribution and (ii) Film dissemination. 

2.1. Film distribution 

Film distribution is understood as the exchange, purchase, sale, rental, export and import of films. Short films, in addition to the advantages of attracting audiences with “instant noodle” scripts, are not too long to cause boredom for the audience. But on the contrary, they can also be a double-edged sword when the film script is toxic, offensive, and goes against good customs. In order to control the quality of products in circulation, businesses are obliged to commit that the content does not violate the prohibitions of the law as stipulated in Article 9 of the 2022 Cinema Law and send a written commitment to the Ministry of Culture, Sports and Tourism. In addition, businesses must ensure that: 

• Ensure the release of films according to the content registered for business, assigned functions and tasks or approved. 

• Cinematographic works imported into Vietnam must have their content approved by a competent authority. 

 2.2. Film Dissemination 

Film dissemination is the act of bringing films to viewers through screenings in cinemas, at public screening locations, at the headquarters of foreign diplomatic agencies and cultural establishments established in Vietnam, on television systems, cyberspace and other audiovisual media. It can be simply understood that film dissemination is the act of broadcasting films so that a film can reach Vietnamese audiences more closely. 

Film classification levels according to legal regulations include: 

1. Type P: Films are allowed to be disseminated to viewers of all ages; 
2. Type T18 (18+): Films are disseminated to viewers aged 18 and over; 
3. Type T16 (16+): Films are disseminated to viewers aged 16 and over; 
4. Type T13 (13+): Films are distributed to viewers aged 13 and over; 
5. Type K: Films are distributed to viewers under 13 years old with the condition of watching with a parent or guardian; 
6. Type C: Films are not allowed to be distributed. 

The activity of distributing films on the OTT platform is a case of distributing films on cyberspace. For films distributed on cyberspace, enterprises will self-classify films and competent authorities will post-check the classification results of the enterprise. 

a. Case 1: Enterprises are eligible to self-classify films 

Accordingly, enterprises will self-classify films and notify through the Data System on Film Classification on Cyberspace of the competent state agency on cinema of the Ministry of Culture, Sports and Tourism before distributing films on cyberspace. Conditions for enterprises to self-classify films include: 

a) Have a film classification council or technical software or a mechanism to classify films according to Vietnam’s film classification regulations and be responsible for the film classification results; 

b) Have a plan to amend and update film classification results when requested by the competent state agency on cinema of the Ministry of Culture, Sports and Tourism. The management tool must support the classification of films according to each criterion and display flexibly immediately after the film is updated with changes in classification; 

c) Have a technical plan and implementation process to temporarily suspend dissemination and remove films at the request of the competent state agency on cinema of the Ministry of Culture, Sports and Tourism. After receiving a request to remove a film, the operations department must implement the process to implement the film removal operation on the management tool. 

In case an organization or individual meets the conditions for self-classifying films according to Article 12.1 of Decree 131/2022/ND-CP, the organization or individual will submit an application for recognition of eligibility to classify films popularly on the Internet according to Article 12.2 of Decree 131/2022/ND-CP. 

b. Case 2: The enterprise has not yet ensured the conditions for performing film classification 

In case the conditions for performing film classification have not yet been ensured, the Ministry of Culture, Sports and Tourism or an agency authorized by the Ministry of Culture, Sports and Tourism shall request the Ministry of Culture, Sports and Tourism or an agency authorized by the Ministry of Culture, Sports and Tourism to classify films that have not been granted a Film Classification License or a Broadcasting Decision according to the procedures prescribed in Clauses 3 and 4, Article 27 of the 2022 Cinema Law; 

The application for a Film Classification License includes: 

a) A written request for a Film Classification License according to the form prescribed by the Minister of Culture, Sports and Tourism; 

b) A copy of the document proving the ownership of the film or the legal right to use the film; 

c) The complete film; 

d) A Vietnamese-language film narration for foreign films. 

Procedures for granting a Film Classification License: 

a) Organizations and individuals submit 01 set of documents via the National Public Service Portal or by post or directly to the competent state agency specified in Clause 1 of this Article; 

b) Within 15 days from the date of receipt of a complete and valid dossier, the competent state agency shall issue a Film Classification License according to the form prescribed by the Minister of Culture, Sports and Tourism; in case the License is not granted, a written response must be issued stating the reasons. 

c) In case the film must have its content adjusted or the dossier must be amended or supplemented with information at the request of the competent state agency specified in Clause 1 of this Article, within 15 days from the date of receipt of the film with adjusted content, 10 days from the date of receipt of the dossier with fully amended or supplemented information, the competent state agency shall issue the License. 

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