Corporate Legal Services

Film Production and Distribution: Foreign Caps and Censorship

Film production and distribution is a creative industry regulated as a sensitive cultural sector: foreign investors face not only an equity cap in production but also content censorship and exhibition conditions — three layers of control an FDI film project must pass at once.

Three control layers for foreign film capital

  • The production equity cap — Cinema Law 05/2022/QH15: foreign investors join film production in Vietnam through joint ventures with Vietnamese enterprises, with foreign capital capped at 51% of the production joint venture’s charter capital.
  • Censorship and classification — films exhibited in Vietnam must be appraised, age-classified and licensed for dissemination; content breaching the Cinema Law’s prohibitions (distorting history or territory, inciting violence, insulting religion, the flag or leaders) may not be exhibited even if production is finished.
  • Imported film distribution — foreign films shown in Vietnamese cinemas are imported and disseminated by qualified film establishments after appraisal; foreign-invested distributors participate under cinema law conditions and related trade commitments.
  • Cinema exhibition — foreign capital is not banned from cinema investment, but screenings face conditions on Vietnamese-film screening ratios and time slots under cinema rules — a factor to build into a cinema complex’s revenue model.

Structuring a workable FDI film project

  1. Production: form a joint venture with a Vietnamese partner matching the 51% cap, and settle territory-by-territory exploitation rights in the JV contract.
  2. Content: screen the script against the Cinema Law’s prohibitions at development stage — especially history, territory and religion elements; fixing a script is cheaper than fixing a shot film.
  3. Distribution: clarify the import and dissemination rights chain and Vietnamese-film screening ratios in the cinema operating plan before signing long-term premises leases.

In film, ‘finished shooting’ never means ‘cleared for screens’. Foreign investors who respect all three layers — the JV equity cap, content appraisal and exhibition conditions — from development stage avoid the industry’s most expensive script: a completed film that cannot reach cinemas.

Frequently asked questions

How much foreign capital is allowed?

In a film production joint venture, foreign capital may not exceed 51% of charter capital under Cinema Law 05/2022/QH15; other segments carry their own conditions.

Where are films censored?

Films exhibited in Vietnam undergo appraisal, age classification and dissemination licensing by the cinema authority under the Cinema Law before commercial screening.

Does distributing foreign films need a licence?

Yes: foreign films must be imported and disseminated through qualified establishments after content appraisal and classification.

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