Manufacture and distribution of media products, including video recordings

– Film production services (CPC 96112, excluding video tapes), film distribution (CPC 96113, excluding video tapes), film screening (CPC 96121):

+ All movies must be censored by Vietnamese competent authorities.

+ Only in the form of a business cooperation contract or a joint venture with a Vietnamese partner who has been authorized to provide these services in Vietnam. The capital contribution of the foreign side must not exceed 51% of the legal capital of the joint venture.

– Particularly for movie screening services (CPC 96121): cultural houses, cinema venues, clubs and associations of public cinema, Vietnamese mobile projection teams are not allowed to participate in the contract business cooperation contracts or joint ventures with foreign service suppliers.

Note : This industry is on the list of Most Favored Nation exemptions under the WTO Commitments.

2. ACIA: limited to publications: (i) Publishing of books, music and other publications (ISIC 2211); (ii) Publishing newspapers, magazines, periodicals (ISIC 2212); (iii) Publishing of video tapes (ISIC 2213); (iv) Other types of publication (ISIC 2219).

3. CPTPP:

a) Appendix NCM I-VN-9:

For film production (CPC 96112), film distribution (CPC 96113) and film screening (CPC 96121):

+ Do not provide film production, distribution and screening services except through a business cooperation contract or joint venture with a Vietnamese partner authorized to provide these services, or purchase shares of a Vietnamese enterprise is authorized to provide these services. In case of joint venture or share purchase, the foreign party’s contributed capital must not exceed 51%.

+ For movie screening, foreign investors are not allowed to enter into business cooperation contracts or joint ventures with cultural houses, public cinema clubs and associations, mobile projection teams, etc. or owners or operators of temporary Vietnamese cinemas.

+ Cinemas must show Vietnamese films on major national holidays. The ratio of Vietnamese films to the total number of films shown annually will not be less than 20%. Cinemas must show at least one Vietnamese film between 18:00-22:00.

b) Appendix NCM I-VN-25

Foreign investment is prohibited in Vietnam’s state-owned commercial enterprises that are currently allowed to import certain video products, as indicated in Table 8c in the Working Party Report on Vietnam’s accession to the WTO. For greater certainty and to be consistent with Article 9.11.1.c (Forwards only, not backward), the liberalization of one state-owned comercial enterprise does not result in the requirement to liberalize all state-owned comercial enterprise.

c) Appendix NCM II-VN-14:

For the recording sub-sector: Vietnam reserves the right to adopt and maintain any measure related to sound recording services except allowing foreign ownership of up to 51% of enterprises operating in the recording industry.

d) Appendix NCM II-VN-20:

For the video tape production and distribution industry: Vietnam reserves the right to adopt and maintain any measure related to the investment in the production and distribution of video tapes on any material.

4. EVFTA Annex 8-C: Viet Nam may promulgate or maintain any measure relating to the operation of an enterprise as defined in points 1(e) and 1(m) of Article 8.2 (Definitions) that are inconsistent with paragraph 2 of Article 8.5 (National Treatment), provided that the measure is not inconsistent with the commitments set out in Annex 8-B (Vietnam’s Schedule of Specific Commitments)

4. Law of Vietnam

(i) Foreign organizations and individuals may distribute phonograms and video recordings with content of art performances in the Vietnamese territory in accordance with the provisions of Decree 144/2020/ND-CP dated December 14, 2020 of the Government which shall provide for performing arts activities and other relevant provisions of law that are not contrary to international treaties to which the Socialist Republic of Vietnam is a contracting party.

(Conditions for circulation of phonograms and video recordings internal content expression to act turmeric art aim item commercial purposes specified in Article 22 of Decree No Decree 144/2020/ND-CP: (1) An event unit public industry with performing arts function  arts; Organizations and individuals registering business sound recordings and video recordings according to the provisions of law the law. (2) Make the deposit according to the provisions of Article 23 of this Decree )

(ii) Foreign organizations and individuals are not allowed to directly distribute video recordings with content of art performances in the Vietnamese territory.

– WTO, VJEPA, VKFTA, AFAS, ACIA, CPTPP, EVFTA

– Decree No. 144/2020/ND-CP dated December 14, 2020 of the Government on performing arts activities.