The Vietnam Ministry of Culture, Sports and Tourism (“MCST“) has just issued Official Letter No. 923/QD-BVHTTDL for the inception of a working group regulating film dissemination in cyberspace (“Working Group“) given the rampant dissemination of toxic videos and illegal films on digital platforms.

The Working Group consists of 10 members led by the Director of the Cinema Department and some other deputies in the Cinema Department.

The Working Group’s main mission is to enforce the Cinema Law and its guiding Decree 131, namely:

  • Assessing the service providers’ eligibility for self-classifying films disseminated in cyberspace;
  • Granting and revoking film classification permits;
  • Requesting cyberspace film disseminators to remove infringing films;
  • Requesting digital media platform operators to prevent and remove infringing films;
  • Requesting telecommunications network providers to implement necessary technical measures to prevent access to infringing films; and
  • Conducting post-check activities on films rating and film content.

It appears that the Working Group will be the main regulator enforcing the Cinema Law and Decree 131 concerning online film dissemination.

Online film disseminators will need to work directly with this regulator concerning the self-classification of films. We also expect more enforcement actions to be taken by the group in the coming months.

Author

Manh-Hung Tran is the practice group leader of the Intellectual Property (IP) and Technology Practice Groups of Vietnam offices. For years, he has been constantly ranked as a leading IP lawyer by numerous researchers such as Chambers Global and Chambers Asia. He regularly writes articles concerning pressing legal issues in both English and Vietnamese, and his works have been published regularly in various reputable publications. He has assisted the government in reviewing and revising the IP Law, the IP provisions under the country’s criminal code, the draft e-Transaction Law, and the first draft Personal Data Protection Decree, etc. While Hung's practices run the full gamut of IP work, he also specializes in the Telecommunications, Media, and Technology (TMT) practice, advising multinational corporations on data privacy, monetization, product reviews, AdTech, regulatory and user rights, cybersecurity, e-commerce, offshore social media, digital services, data breach and incidents, and other emerging technologies. He has been assisting international film studios and streaming clients with various film and TV series productions in Vietnam.