DECREE

ELABORATING A NUMBER OF ARTICLES OF THE LAW ON CINEMATOGRAPHY

Pursuant to the Law on Organization of the Government of Vietnam dated June 19, 2015; the Law on Amendments to the Law on Organization of the Government of Vietnam and the Law on Organization of the Local Government of Vietnam dated November 22, 2019;

Pursuant to the Law on Cinematography dated June 15, 2022;

At the request of the Minister of Culture, Sports and Tourism of Vietnam; 

The Government of Vietnam hereby promulgates the Decree elaborating on a number of Articles of the Law on Cinematography.

Chapter I

GENERAL PROVISIONS

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This Decree provides for Point d and Pont e Clause 2 Article 5; Clause 1 and Point a Clause 3 Article 14; Point a and Point c Clause 3 Article 19; Clause 2 Article 20; Point b, Point c, Point d, Point dd Clause 2, Point a Clause 3, and Clause 4 of Article 21; Clause 2 Article 22; Clause 2 Article 38; Clause 2 Article 42 of the Law on Cinematography, including:

1. Receipt of the transfer of ownership and rights to use film scripts and films with high ideological and artistic values for dissemination, education, research, archive, and political tasks; processes of editing, translating, and subtitling films to introduce Vietnam and its citizens.

2. Research and application of scientific and technological achievements in cinematographic activities

3. Production of films with funding from the state budget for political tasks performed in the form of task assignment, ordering, or bidding; processes of selecting film production projects.

4. Percentage of Vietnamese film screening sessions, Vietnamese film screening time frames, and duration and time frame of children’s films disseminated in cinemas.

5. Ticket price exemption or discount for the elderly, the disabled, revolutionary contributors, children, people in especially difficult circumstances, and other subjects as prescribed by law.

6. Broadcast time ratio of Vietnamese films to foreign films, broadcast time frames of Vietnamese films, and duration and broadcast time frames of children’s films on domestic television channels.

7. Conditions for film rating for dissemination in cyberspace.

8. Submission of notifications of the list of films to be disseminated and the results of film rating to the Ministry of Culture, Sports and Tourism of Vietnam before the dissemination of such films in cyberspace.

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10. Provision of focal points and contact information to receive and process requests from state management agencies and feedback, complaints, and denunciations from service users.

11. Implementation of technical solutions and cooperation with competent state management agencies in removing and preventing violating films.

12. Responsibilities to prevent access to violating films at the request of competent state agencies and enterprises with telecommunications networks.

13. State agencies competent to receive notifications of public movie screenings.

14. Conditions for Vietnamese agencies and organizations to organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam.

15. Cinematographic development support fund

Article 2. Regulated entities

This Decree applies to Vietnamese agencies, organizations, and individuals engaging in cinematographic activities in Vietnam and abroad; foreign organizations and individuals engaging in cinematographic activities in Vietnam, state management agencies of cinematography, and agencies, organizations, and individuals related to cinematographic activities.

Article 3. Interpretation of terms

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2. Agencies and units that manage film production projects with funding from the state budget (hereinafter referred to as “Project Management Agencies”) are agencies and units affiliated with Investors with functions of managing and providing advisory services to assist Investors in managing film production projects with tasks assigned by Investors.

3. The System of Data on Film Rating in Cyberspace is an application of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam used for managing activities of film rating of enterprises, public service providers, and organizations that disseminate films in cyberspace.

Chapter II

SPECIFIC PROVISIONS

Article 4. Receipt of the transfer of ownership and rights to use film scripts and films with high ideological and artistic values for dissemination, education, research, archive, and political tasks

1. State agencies and organizations receive the transfer of ownership and rights to use film scripts and films with high ideological and artistic values for dissemination, education, research, archive, and political tasks via purchase or gifts of film scripts or films.

2. State agencies and organizations that purchase film scripts and films include:

a) Ministries, ministerial agencies, governmental agencies, and provincial People’s Committees;

b) Central agencies of political organizations, socio-political organizations, and social-political-vocational organizations

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a) Agencies and organizations prescribed in Clause 2 of this Article shall establish a Council for assessing ideological and artistic values of film scripts and films. The Council will work based on principles of concentration, democracy, and discussion to come to an agreement, the Council shall have at least 5 (odd number) members, including:

- The Chairman of the Council is the representative of the agency that receives the transfer of ownership and rights to use film scripts and films;

- Other members of the Council include representatives of the agency that receives the transfer of ownership and rights to use film scripts and films; screenwriters, directors, and cinematographic specialists with professional experience and reputation and other appropriate titles selected by the agency that receives the transfer;

- The Secretary of the Council shall be decided by the agency that receives the transfer.

b) Members of the Council shall provide comments and assessments of film scripts and films, and mark them based on a 10-point scale with a multiple of 0,5 following the below criteria:

- Excellent: Marking points from 9,0 to 10 regarding film scripts and films with profound ideological contents, high humanistic values, generalizing major issues of social life and having unique discoveries about life and human; high and unique cinematographic languages and techniques;

- Very good: Marking points from 7,5 to 8,5 regarding film scripts and films with good ideological contents, humanistic values, and social values; good and attractive cinematographic languages and techniques;

- Good: Marking points from 6,0 to 7,0 regarding film scripts and films with good ideological contents and certain social values; limited cinematographic languages and techniques;

- Average: Marking points from 5,5 to below regarding film scripts and films with ideological contents and cinematographic languages and techniques that have many limitations;

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d) The head of the agency or organization that receives the transfer shall rely on the counseling provided by the Council to decide on the purchase or receipt of gifts that are film scripts and films and shall only purchase film scripts and films if they are marked Good or higher following the mentioned criteria (having an average point of at least 6,0).

dd) The valuation (if any) before receiving the ownership and rights to use film scripts and films for dissemination, education, research, archive, and political tasks shall be performed based on the agreement between the transferring organization or individual and the organization or agency receiving the ownership and rights to use film scripts and films.

4. In international relations activities, the receipt of the transfer of film scripts and films shall be decided by the heads of organizations or agencies that receive the transfer.

5. If film scripts and films use foreign languages, agencies and organizations that receive the transfer shall organize the translation, compilation, and subtitling process of such film scripts and films for use.

Article 5. Translation, compilation, and subtitling process for introducing Vietnam and its people

1. State agencies and organizations shall perform tasks of translating, compiling, and subtitling films to introduce Vietnam and its people, including:

a) Ministries, ministerial agencies, governmental agencies, and provincial People’s Committees;

b) Central agencies of political organizations, socio-political organizations, and social-political-vocational organizations

2. The translation, compilation, and subtitling process for introducing Vietnam and its people shall:

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b) Comply with regulations of laws on copyright and relevant rights.

Article 6. Investment in and support for research and application of advanced scientific and technological achievements in cinematographic activities

1. Invest in advanced technology to serve cinematographic activities and state management work.

2. Digitalize films, film scripts, data, and other documents and develop an archive infrastructure system of film archives and state management agencies of cinematography.

3. Develop and invest in the infrastructure system and advanced technical equipment and technology to serve the archive and statistical work of data on cinematographic activities.

4. Research and apply artificial intelligence, major data systems, and advanced and modern scientific and technological achievements in accordance with cinematographic development trends.

5. Modernize technology and invest in special effect equipment and specialized synchronous technical equipment, ensuring sufficient conditions for producing, distributing, and disseminating films according to modern technology.

Article 7. Production of films with funding from the state budget

Films produced by using funding from the state budget are specific cultural products associated with copyright, from the composition to completion. The production of films with funding from the state is stipulated as follows:

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2. Regarding feature films and films of combined genres:

a) Perform methods of assigning tasks and ordering regarding film production projects according to the plans to serve political tasks on the topics of history, revolution, leaders, notables, national heroes, children, highlands, mountainous areas, borders, islands, and ethnic minority areas;

b) Perform bidding methods regarding film production projects according to the plans to serve political tasks on topics of the preservation and promotion of Vietnam’s cultural values.

Article 8. Procedure for selecting film production projects with funding from the state budget

According to the approved film production plan and the script assessment result of the Council assessing film production scripts with funding from the state budget, the investor and project management agency shall select film production projects as follows:

1. Regarding methods of assigning tasks and ordering:

a) A film production cinematographic facilities with selected scripts shall prepare a Film Production Project Dossier and submit it to the project management agency for presentation to the Council for selection of film production projects with funding from the state budget, including: 

- Documents following laws on task assignment, product orders, and public services using the state budget.

- Documents proving financial capacity, plans, and production progress.

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+ Total film production cost estimate;

+ A list of technical equipment (with specific codes, symbols, features, and specifications) serving the film production project (including existing equipment and hired or rented equipment);

+ Cost of wages and salaries.

- Schemes for film distribution and dissemination.

- Written guarantee of copyright for the film script.

- Regarding feature films and films of combined genres, the documents shall include:

+ Scripts, storyboards, and film production schemes;

+ A list of several titles of cinematographic work creation, including director, screenwriter, cinematographer, and film producer.

- Regarding documentaries, scientific films, and cartoons, the documents shall include:

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+ A list of several titles of cinematographic work creation, including director, screenwriter, artist (regarding cartoons), cinematographer, and film producer.

b) The Council selecting film production projects with funding from the state budget established by the investor shall receive the Dossier and perform the assessment following regulations promulgated by the Minister of Culture, Sports and Tourism of Vietnam. The assessment result of the Council shall be used to provide advisory services for the investor to consider and decide on the selection of film production projects with funding from the state budget and the method or decide on the selection between the method of assigning tasks or the method of ordering. If the method of ordering is selected, the decision on the maximum and specific price shall comply with laws on prices;

c) The project management agency shall sign the contract of ordering the film production with the cinematographic facility or present it to the investor to assign tasks to the cinematographic facility with the selected film production project.

2. Regarding the bidding methods, comply with laws on procurement, and Dossiers are stipulated as follows:

- Documents following laws on procurement.

- Documents proving financial capacity, plans, and production progress.

- Film production cost estimates, including:

+ Total film production cost estimate;

+ A list of technical equipment (with specific codes, symbols, features, and specifications) serving the film production project (including existing equipment and hired or rented equipment);

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- Schemes for distribution and dissemination and profit sharing schemes. 

+ Expected distribution costs;

+ Expected distribution profits.

- Written guarantee of copyright for the film script.

- Regarding feature films and films of combined genres, the documents shall include:

+ Scripts, storyboards, and film production schemes;

+ A list of several titles of cinematographic work creation, including director, screenwriter, cinematographer, and film producer.

- Regarding documentaries, scientific films, and cartoons, the documents shall include:

+ Scripts, storyboards, and clusters of filming backgrounds; 

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Article 9. Percentage of Vietnamese film screening sessions, Vietnamese film screening time frames, and duration and time frame of children’s films disseminated in cinema systems.

1. Vietnamese films shall be screened in cinema systems, especially films celebrating major national holidays and serving political, social, and foreign affairs tasks at the request of competent state agencies.

2. Vietnamese films shall be prioritized for screening during the time frame from 6 pm to 10 pm.

3. The percentage of Vietnamese film screening sessions in cinema systems shall be conducted according to the following roadmap:

a) Stage 1: From January 1, 2023 to the end of December 31, 2025, ensure at least 15% of the total screening session in a year;

b) Stage 2: From January 1, 2026, ensure at least 20% of the total screening session in a year;

4. The time frame for the screening of films for children under 13 years old shall end before 10 pm and before 11 pm for children under 16 years old.

Article 10. Ticket price exemption or discount for the elderly, the disabled, revolutionary contributors, children, people in especially difficult circumstances, and other subjects as prescribed by law

1. The elderly, the disabled, revolutionary contributors, children, people in especially difficult circumstances, and other subjects as prescribed by law may receive at least a 20% discount on film ticket prices when directly using film viewing services at cinemas. 

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Article 11. Broadcast time ratio of Vietnamese films to foreign films, broadcast time frames of Vietnamese films, and duration and broadcast time frames of children’s films on domestic film broadcasting television channels.

1. Vietnamese films broadcasted on domestic television channels shall:

a) Have their broadcasting duration increased during major national holidays, serving political, social, and foreign affairs tasks;

b) Be broadcasted at the request of competent state agencies to celebrate major national holidays and serve political, social, and foreign affairs tasks.

2. Vietnamese films shall be prioritized for broadcasting during the time frame from 6 pm to 10 pm.

3. The broadcasting duration of Vietnamese films on television channels shall be conducted according to the following roadmap:

a) Stage 1: From January 1, 2023 to the end of December 31, 2025, ensure at least 15% of the broadcasting duration of Vietnamese films compared to the total broadcasting time of films on domestic television channels, excluding on-demand television services in cyberspace of press agencies licensed to engage in television operations;

b) Stage 2: From January 1, 2026, ensure at least 20% of the broadcasting duration of Vietnamese films compared to the total broadcasting time of films on domestic television channels, excluding on-demand television services in cyberspace of press agencies licensed to engage in television operations.

4. Children's films shall be prioritized for broadcasting during the time frame from 6 pm to 22 pm. The broadcasting duration of films for children under 16 years old shall reach at least 5% compared to the total broadcasting duration on domestic television channels.

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1. Conditions for film rating for dissemination in cyberspace include:

a) Having film rating councils or technical software or mechanisms for performing film rating according to regulations on film rating of Vietnam and be responsible for film rating results;

b) Having schemes for amendments to and update on film rating results at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam. Having administration tools that support film rating following each criterion with flexible display as soon as the film rating is updated or changed;

c) Having technical schemes and procedures for suspending the dissemination or removing films at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam. After receiving requests for film removal, operating departments shall perform procedures for removing films on administration tools.

2. Applications for film rating eligibility for dissemination in cyberspace:

a) Documents providing focal points and contact information to receive and process requests of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam;

b) Reports presenting contents following Clause 1 of this Article.

3. Procedures for applying for film rating eligibility for dissemination in cyberspace:

a) Enterprises, public service providers, and organizations that disseminate films in cyberspace shall apply 1 dossier via the National Public Service Portal or by post or directly to competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam;

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4. In case of changes to contents prescribed in Point a Clause 2 of this Article, enterprises, public service providers, and organizations that disseminate films in cyberspace shall submit notifications of changed contents to competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam. Within 5 working days after receiving notifications, in case of disagreement, competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam shall provide answers and explanations in writing.

In case of changes to contents prescribed in Point b Clause 2 of this Article, enterprises, public service providers, and organizations that disseminate films in cyberspace shall re-perform the procedures prescribed in Clause 3 of this Article.

5. If enterprises, public service providers, and organizations eligible for performing film rating for dissemination in cyberspace have film rating results inconsistent with results provided by competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam during inspection:

a) The mentioned entities shall amend and update film rating results at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam;

b) The mentioned entities are considered ineligible for performing film rating when the film rating results or the display of film rating results are inconsistent with the results provided by competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam for more than 5 times in a month regarding Type P, Type T18, Type T16, and Type T13. If the mentioned results are inconsistent for 2 times in 6 months regarding Type C, perform film rating procedures prescribed in Point b Clause 2 Article 21 of the Law on Cinematography;

After 3 months, comply with Clause 2 and Clause 3 of this Article to continue performing film rating.

Article 13. Submission of notifications of the list of films to be disseminated and the results of film rating to the Ministry of Culture, Sports and Tourism of Vietnam before the dissemination of such films in cyberspace

Enterprises, public service providers, and organizations that disseminate films in cyberspace shall submit notifications of the list of films to be disseminated and film rating results via the System of Data on Film Rating in Cyberspace of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam before disseminating such films in cyberspace.

Article 14. Performance of necessary technical measures of enterprises, public service providers, and organizations that disseminate films in cyberspace

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a) Develop multi-user account mechanisms, including accounts exclusive for children: accounts must have protection passwords, verification mechanisms when switching accounts, and mechanisms for providing reports for account owners on viewing history and behaviors of children's accounts;

b) Display a notification verifying the age of access when accessing films labeled not for children;

c) Other measures with similar nature.

2. Enterprises, public service providers, and organizations that disseminate films in cyberspace shall establish necessary technical measures, display reports on inappropriate contents in content display screens, or label contents that are inappropriate with the age of the user for service users to provide complaints, feedback, and reports on violating films in the following cases: 

a) There are contents or acts that violate Article 9 of the Law on Cinematography;

b) Technical measures prescribed in Clause 1 of this Article violate regulations of relevant laws;

c) Other illegal acts related to the dissemination of films on the internet of enterprises, public service providers, and organizations engaged in film dissemination in cyberspace.

3. When performing necessary technical measures, enterprises, public service providers, and organizations that disseminate films in cyberspace shall:

a) Disclose the instruction on how to use the established technical measures prescribed in Clause 1 and Clause 2 of this Article on their popular applications or websites that disseminate films;

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c) Process complaints, feedback, and reports of service users within 48 hours after receiving them if they have specific and clear bases enclosed with contact information of the service users.

Article 15. Provision of focal points and contact information to receive and handle requests from state management agencies 

1. Enterprises, public service providers, and organizations that disseminate films in cyberspace shall provide the following information for competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam:

a) Names of enterprises, public service providers, and organizations;

b) Focal contacts: names of agencies, organizations, or representatives in Vietnam, email addresses, and phone numbers.

2. Enterprises, public service providers, and organizations that disseminate films in cyberspace shall, after receiving requests, suspend or remove violating films within 24 hours regarding films with prohibited contents according to Article 9 of the Law on Cinematography and other regulations of relevant laws or within 3 to 5 days regarding other violating contents at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam.

Article 16. Organizations and enterprises with digital communication platforms in removing and preventing violating films shall:

1. Implement necessary technical measures to prevent and remove films violating regulations prescribed in Article 9 of the Law on Cinematography and other regulations of relevant laws.

2. Prevent and remove violating films within 24 hours after receiving requests from competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam.

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Article 17. Responsibilities of organizations and enterprises with telecommunications networks

Organizations and enterprises with telecommunications networks shall ensure the implementation of the following obligations:

1. In case of detecting films disseminated in cyberspace have contents that violate the law and affect the national security of Vietnam, competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam may request organizations and enterprises with telecommunications networks to immediately implement measures to prevent access to films that violate the law. The measures may only be removed after all violations have been handled at the request of competent state agencies.

2. Implementation of necessary technical measures to prevent access to films that violate the law at the request of competent state agencies of cinematography of the Ministry of Culture, Sports and Tourism of Vietnam. The time for completion is within 3 hours after receiving requests.

3. Comply with regulations of laws on copyright and relevant laws regarding contents of related films infringing on copyright and relevant rights.

Article 18. Local competent state agencies that receive notifications of public film screenings

1. Provincial People's Committees shall receive notifications from theatres, houses of culture, exhibition places, cultural centers, clubs, stadiums, arenas, and squares.

2. Commune-Level People’s Committees shall receive notifications from accommodation service establishments, catering establishments, disco clubs, shops, stores, and other public locations.

Article 19. Conditions for Vietnamese agencies and organizations to organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam.

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1. Have business registration, functions, or tasks related to cinematographic activities or are assigned or approved to organize the mentioned events by competent authorities.

2. Heads of agencies and organizations shall have at least 5 years of experience in cinematographic activities. If heads of agencies and organizations fail to satisfy this condition, cooperate with agencies and organizations prescribed in Clause 1 of this Article, which have heads that satisfy the requirement for at least 5 years of experience in cinematographic activities.

3. Have the financial capacity to ensure the organization of film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam.

4. Have schemes to organize film festivals, specialized and thematic film festivals, film awards, film competitions, film programs, and film weeks in Vietnam enclosed with notifications for the Ministry of Culture, Sports and Tourism of Vietnam as prescribed in Point c Clause 1 Article 38 of the Law on Cinematography.

Article 20. Establishment of Cinematographic Development Support Fund

1. The Cinematographic Development Support Fund shall operate under the model of a one-member limited liability company with 100% of its capital charter owned by the State, and the Ministry of Culture, Sports and Tourism of Vietnam is the owner representative.

2. The Cinematographic Development Support Fund shall be established from the following sources:

a) The capital charter of the Cinematographic Development Support Fund shall be provided by the state budget. The funding shall be performed after the Prime Minister of Vietnam decides to establish or approve the charter of the organization and operation of the Fund;

b) Mobilization of voluntary contributions and sponsorship of domestic and foreign agencies, organizations, individuals, and other legal income sources;

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d) Other legal revenue sources as prescribed by law. 

Chapter III

IMPLEMENTATION PROVISIONS

Article 21. Implementation provisions

1. This Decree comes into force as of January 1, 2023.

2. This Decree replaces Decree No. 54/2010/ND-CP dated May 21, 2010 of the Government of Vietnam elaborating on a number of Articles of the Law on Cinematography No. 62/2006/QH11 and the Law on amendments to the Law on Cinematography No. 31/2009/QH12.

3. Annulment of Article 3 of Decree No. 142/2018/ND-CP dated October 9, 2018 of the Government of Vietnam on amendments to several regulations on conditions for business investment within the state management scope of the Ministry of Culture, Sports and Tourism of Vietnam.

4. Annulment of Point b Clause 1 Article 8 and the phrase “bản dịch tóm tắt nội dung phim” (film summary translation) in Point b Clause 2 Article 9 of Decree No. 32/2012/ND-CP dated April 12, 2012 of the Government of Vietnam on the management of import and export of cultural products for non-commercial purposes.

5. Annulment of Decree No. 22/2022/ND-CP dated March 25, 2022 of the Government of Vietnam on amendments to Decree No. 32/2012/ND-CP dated April 12, 2012 of the Government of Vietnam on the management of import and export of cultural products for non-commercial purposes.

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Article 22. Implementation responsibilities

Ministers, Directors of ministerial agencies, Directors of governmental agencies, Chairmen of the People’s Committees of provinces, centrally affiliated cities, and relevant agencies, organizations, and individuals shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Vu Duc Dam