Accordingly, after nearly 2 years of implementing Circular No. 15/2023/TT-BVHTTDL, along with changes in the current system of relevant legal documents, it is necessary to amend Circular No. 15/2023/TT-BVHTTDL to suit reality:
Firstly , the legal system on prices effective from July 1, 2024 specifically regulates the agencies and units that appraise price plans. Clause a, Article 10 of Decree No. 85/2024/ND-CP dated July 10, 2024 of the Government detailing a number of articles of the Law on Prices stipulates: "For goods and services using the state budget implemented by ordering method and under the ordering authority of ministries and ministerial-level agencies: The competent authority to place orders shall assign the affiliated agencies, units or units assigned to place orders to appraise price plans...".
Thus, the Ministry of Culture, Sports and Tourism can assign a subordinate unit (such as the Department of Planning and Finance) or a unit assigned to place orders (the Department of Cinema) to appraise the price plan for ordering film production using the state budget. This unit should be the standing body of the Council to unify the implementation of the Council's activities according to the Council's functions and tasks as prescribed in Clause 1, Article 4 of Circular 15/2023/TT-BVHTTDL in accordance with the provisions of law on prices.
Therefore, the provision at Point b, Clause 6, Article 5 "The standing body of the Council established by the Ministry of Culture, Sports and Tourism is the Department of Planning and Finance" is no longer appropriate.
The Ministry of Culture, Sports and Tourism is drafting a Circular amending and supplementing a number of articles of Circular No. 15/2023/TT-BVHTTDL dated December 5, 2023 regulating the organization and operation of the Council for selecting film production projects using the state budget.
Second, the regulations on the rights and responsibilities of the members of the Council's Working Group and the Council's secretary need to be adjusted to accurately reflect the actual rights and responsibilities, and clearly define the assigned contents for more effective operation.
Third, the appraisal contents in the sample Report on reviewing the dossier of film production projects using the state budget and the Appraisal form of the dossier of film production projects using the state budget specified in the Appendix attached to Circular No. 15/2023/TT-BVHTTDL need to be supplemented and adjusted to update according to current legal documents.
Therefore, it is necessary to develop a Circular amending and supplementing a number of articles of Circular No. 15/2023/TT-BVHTTDL to update regulations on the organization and operation of the Council for selecting film production projects using the state budget in accordance with the legal system on cinema, the law on the state budget, the law on prices and related laws.
Detailed and transparent regulations on the organization and operation of the Council for selecting film production projects using the state budget to be applied uniformly to organizations and units using the state budget to produce films at the central and local levels.
Proposal for regulations on copyright for cinematographic works
The draft Circular proposes to supplement Point b, Clause 5, Article 8 on the rights and responsibilities of the Head of the Council's Working Group. The Head of the Council's Working Group has the following rights and responsibilities:
a) Propose that the Council Chairman request the project management agency to provide additional documents in case the Film Production Project File does not contain complete information;
b) Propose to the Chairman of the Council or directly assign specific tasks to members of the Council's Working Group;
c) Chair the meeting of the Working Group assisting the Council in reviewing the Film Production Project Dossier as prescribed in Article 8 of Decree No. 131/2022/ND-CP dated December 31, 2022 of the Government detailing a number of articles of the Law on Cinema;
d) Directly or assign a member of the Council's Working Group to: prepare a review report after the Council's Working Group meeting; propose detailed content in the Appraisal Report for the Council Chairman to consider and approve to send to the Council members (in case the Appraisal Report needs more details than the Appraisal Form specified in the Appendix of the Circular).
e) Exercise the rights and responsibilities of a member of the Council's Working Group.
In addition, the draft Circular also adds Point c, Clause 6, Article 8 on the rights and responsibilities of members of the Council's Working Group. Accordingly, members of the Council's Working Group have the following rights and responsibilities:
a) Receive film production project dossiers and related documents from the Council Secretary;
b) Review film production project documents and provide professional opinions at meetings of the Council's Working Group;
c) Prepare a review report and propose detailed content of the Council member's appraisal form according to the tasks assigned by the Council Chairman or/and the Council Working Group Leader;
d) Fully participate in meetings of the Council's Working Group. In case of absence, report to the Head of the Council's Working Group;
d) Attend Council meetings as requested by the Council Chairman. In case of absence, report to the Council Chairman;
e) Reserve personal opinions in the Review Report if you do not agree with the review results of the Council's Working Group in the Review Report;
g) Keep confidential information on selected film production projects, Review Reports and discussion contents at meetings of the Council's Working Group and the Council.
The Ministry of Culture, Sports and Tourism is seeking comments on this draft.
Source: https://bvhttdl.gov.vn/de-xuat-sua-quy-dinh-to-chuc-hoat-dong-cua-hoi-dong-lua-chon-du-an-san-xuat-phim-20251128190812029.htm
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