A synchronous, modern legal system that is in line with the development trends of the times will create a foundation for businesses and creative teams to develop their potential, while at the same time arousing the endogenous strength of culture, serving the goal of rapid and sustainable development of the country.
Urgent requirements for perfecting cultural industry institutions
In Vietnam, the major orientations for the development of cultural industries (CNVH) are established in many documents of the Party and the State, especially Resolution No. 33-NQ/TW in 2014 on building and developing Vietnamese culture and people; Documents of the 13th National Party Congress; Strategy for the development of CNVH sectors to 2030. These policies agree on the view that culture is the spiritual foundation of society, and at the same time an important resource for development, in which CNVH is a pillar that needs to be prioritized for promotion.
Although many cultural and creative fields are making remarkable progress, the institutional system and related policy mechanisms still show limitations. For example, some fields do not have a clear legal framework, causing difficulties in organizing the production and distribution of cultural products. Specifically, fields under the CNVH are subject to many specialized laws such as: Cinema Law, Cultural Heritage Law, Publishing Law, Advertising Law, Intellectual Property Law, etc. However, these laws are not closely linked, leading to overlapping and inconsistent implementation in practice. Multimedia cultural products must be licensed through many agencies, increasing time and costs for businesses. In particular, the rapid development of digital technology has caused many legal regulations to not be updated in time, especially in online content management, copyright protection in the digital environment and regulation of cross-border media and entertainment platforms.
The cultural industry is characterized by high risks, requires large investment capital and depends heavily on the ability to innovate. However, the State's financial support mechanism for this sector is still limited. Enterprises have difficulty accessing preferential credit capital; venture capital fund models for the creative industry have not yet developed; tax policies for film production, digital content, software and entertainment games, design... have not created enough attraction. Meanwhile, countries with developed cultural industries have all built strong financial policies, such as creative support funds, tax incentives for content production, and support for international promotion costs.
Vietnam has a policy to promote digital transformation in culture, but the progress of implementation is still uneven. For example, the work of digitizing heritage, documents, and cultural works is still fragmented and unsystematic. The domestic digital content distribution infrastructure is not strong enough to compete with international platforms. In addition, there is no common database system on cultural and information technology to support policy making and market development; the application of new technologies such as AI, VR, AR in content creation is still on a small scale. These problems make it difficult for Vietnamese enterprises to participate in the global digital content value chain.
Creative human resources play a central role in the development of the cultural industry. However, training is still heavily theoretical, not closely linked to practical needs; there is a lack of specialized training programs in creative design, film production, animation, games, digital technology, etc.; and an ecosystem connecting schools - businesses - management agencies has not yet been formed. The shortage of high-quality human resources makes it difficult for cultural products to compete in the international market.
In order to solve existing problems and challenges, institutional improvement has become a key task to create a synchronous, transparent and effective legal corridor for the development of civil engineering.
The foundation of creation in the era of growth
Decision No. 2486/QD-TTg of the Prime Minister approving the Strategy for development of Vietnam's cultural industries to 2030, with a vision to 2045, has set out key tasks on perfecting institutions, mechanisms and policies for cultural industries in the new situation.
First of all, it is necessary to urgently develop legal documents to improve the state management of cultural industries and orient the development of some types of entertainment industries. Along with that, it is necessary to perfect the legal basis on the functions and tasks of state management of the Ministry of Culture, Sports and Tourism and ministries, branches and localities in the management and development of cultural industries and entertainment industries, in accordance with the regulations on decentralization, delegation of power, and determination of authority of new local authorities (2 levels) in the fields of culture, sports and tourism, and related fields; review, adjust and supplement effective coordination mechanisms between ministries, branches and localities. The work of reviewing and perfecting the legal framework for cultural industries continues to be promoted in a comprehensive and synchronous direction. For example, amending, supplementing and perfecting legal regulations for cultural industries such as cinema, performing arts, advertising, software and entertainment games, handicrafts, cultural tourism... to enhance the effectiveness and efficiency of state management, meeting the requirements of applying achievements of the Fourth Industrial Revolution.
Notably, to attract investment, the Strategy clearly states that it is necessary to review and improve related mechanisms and policies on finance, tax, investment, public investment, public-private partnership, etc. to mobilize strong investment participation of individuals and businesses. Along with that, the process of reviewing and researching subjects in priority development areas is also being implemented to consider adding to the List of industries and occupations with special investment incentives according to the provisions of the law on investment and determine the scope of application in industrial parks, centers, complexes and creative spaces. At the same time, research and develop appropriate incentive policies to promote investment in the development of industrial parks and entertainment industries through import tax policies, non-agricultural land use, corporate income, etc. for enterprises implementing investment projects in industrial parks and entertainment industries. Tax rates and value added tax are calculated appropriately for goods and services of industrial parks and entertainment industries according to each specific stage and field.
At the same time, the authorities have stepped up research on policies for using intellectual property assets to borrow preferential loans for creative activities, supporting investment for individuals, organizations and creative enterprises to develop cultural and industrial products. Relevant units continue to research, propose the formation and connection of funds to support the development of cultural and industrial industries, entertainment industries; create conditions for individuals, organizations and enterprises to connect with venture capital funds and creative startups; at the same time, review and supplement the functions and tasks of the Tourism Development Support Fund to contribute to promoting the development of Vietnam's cultural and industrial industries.
On the other hand, in order to resolve the pressing issues of copyright infringement and the obstruction of genuine creativity, the Strategy highlights the task of researching and proposing the development of a Copyright Law to improve the effectiveness and efficiency of management, enforcement, exploitation and protection of copyright and related rights; create motivation for creativity and production of high-quality cultural and entertainment industry products, and encourage individuals, organizations and enterprises to participate in business in sectors and fields related to cultural industries.
Other important tasks include: building, perfecting and applying a system of statistical indicators for the cultural and entertainment industries to serve the assessment and planning of appropriate development mechanisms and policies for each stage; reviewing and abolishing administrative procedures that are no longer suitable for practice, "sub" licenses in accordance with the policies and directions of competent authorities; perfecting land management and use policies, national-level planning and related planning in the direction of ensuring suitability, unity, synchronization and close connection to contribute to the development of cultural and entertainment industries.
Institutions, mechanisms and policies for the cultural industry are expected to pave the way for innovation, attract investment and promote the endogenous strength of culture. This is the most important foundation for the cultural industry to make a breakthrough in the era of national development.
Source: https://baophapluat.vn/hoan-thien-the-che-co-che-chinh-sach-ve-cong-nghiep-van-hoa.html
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