[2025] Procedures for Establishing a Foreign-Invested Film Production Company in Vietnam (CPC 96112, excluding video tapes)

I. Legal Basis:

- Specific Commitments on Trade in Services WTO (GATS);

- Law on Investment No. 61/2020/QH14 dated June 17, 2020;

- Law on Enterprises No. 59/2020/QH14 dated June 17, 2020;

- Cinema Law No. 05/2022/QH15 dated June 15, 2022;

II. Market Access Limitations for Foreign-Invested Film Production Services in Vietnam (CPC 96112, excluding video tapes)

According to Clause 6, Article 3 of the Cinema Law No. 05/2022/QH15 dated June 15, 2022, "film production is the process of creating a film from script development to film completion."

Based on Vietnam's Specific Commitments on Trade in Services under the WTO (GATS), foreign investors are only permitted to establish a commercial presence in Vietnam under the following forms:

(i) Business cooperation contracts (BCCs) with Vietnamese partners that are already authorized to provide these services in Vietnam; or

(ii) Joint ventures with Vietnamese partners that are already authorized to provide these services in Vietnam.

The capital contribution ratio of the foreign party must not exceed 51% of the legal capital of the joint venture.

This signifies that while Vietnam is open to foreign investment in the film production sector, there are specific limitations regarding the form of investment and the capital ownership ratio that foreign investors need to consider when planning to enter this market. For a more detailed understanding of the regulations and the latest updates, investors should seek advice from experienced legal professionals in this field.

III. Film Production Activities in Vietnam by Foreign Organizations and Individuals

1. Foreign organizations and individuals producing films in Vietnam must use film production services provided by Vietnamese film establishments.  

a) Have an agreement or contract to provide film production services with a Vietnamese film establishment;

b) The films using film production services in Vietnam do not violate the provisions of Article 9 of the Cinema Law;

c) In the case of using filming services using locations in Vietnam, a Permit for Providing Filming Services using locations in Vietnam must be issued by the Ministry of Culture, Sports and Tourism.

3) The dossier for requesting the issuance of a Permit to Provide Filming Services using locations in Vietnam for foreign organizations and individuals includes:

a) A written request for the issuance of a Permit according to the form prescribed by the Minister of Culture, Sports and Tourism;

b) A summary screenplay and detailed screenplay of the filming content using locations in Vietnam in Vietnamese;

c) An agreement or contract to provide filming services using locations in Vietnam with foreign organizations and individuals;

d) A written commitment not to violate the provisions of Article 9 of the Cinema Law by foreign organizations and individuals using filming services using locations in Vietnam.

4. The order and procedures for issuing a Permit to Provide Filming Services using locations in Vietnam for foreign organizations and individuals are as follows:

a) Foreign organizations and individuals using filming services using locations in Vietnam or Vietnamese film establishments providing filming services using locations in Vietnam to foreign organizations and individuals submit 01 set of dossiers through the National Public Service Portal or by post or directly to the Ministry of Culture, Sports and Tourism;  

c) In the case that the screenplay must be revised due to violating the provisions of Article 9 of this Law and other relevant legal regulations or the dossier must be revised or supplemented with information as required by the Ministry of Culture, Sports and Tourism, within 20 days from the date of receiving the screenplay with revised content or the dossier with revised or fully supplemented information, the Ministry of Culture, Sports and Tourism issues the Permit.

d) In the case of changes to the contents specified in points a, b and c of clause 3 of this Article after a Permit to Provide Filming Services using locations in Vietnam has been issued, foreign organizations and individuals or Vietnamese film establishments must request re-issuance of the Permit according to the order and procedures specified in clause 4 of this Article; except for changes to the contents specified in points a and c of clause 3 of this Article, within 05 working days from the date of receiving a valid dossier, the Ministry of Culture, Sports and Tourism issues the Permit.

5) The Ministry of Culture, Sports and Tourism decides to revoke the Permit to Provide Filming Services using locations in Vietnam in the following cases:

a) Violating the provisions of Article 9 of this Law during the film production process;

b) The information in the application dossier is falsified;

c) Not implementing the Permit's content correctly.

IV. Foreign Investment Procedures in Vietnam:

In accordance with Articles 21-28 of the Law on Investment 2020, foreign investors can adopt the following investment vehicles:

1) Establishing Economic Organizations:

a) Foreign investors establishing economic organizations must meet the market access conditions for foreign investors specified in Article 9 of this Law;

b) Before establishing an economic organization, foreign investors must have an investment project and carry out the procedures for issuing and adjusting the Investment Registration Certificate, except for the establishment of innovative startup small and medium-sized enterprises and innovative startup investment funds in accordance with the law on supporting small and medium-sized enterprises

From the date of issuance of the Enterprise Registration Certificate or other legally equivalent documents, the economic organization established by the foreign investor is the investor implementing the investment project as specified in the Investment Registration Certificate.

2) Capital Contributions and Acquisitions:

The foreign investor's capital contribution, share purchase, and capital contribution portion purchase in economic organizations must comply with the following regulations and conditions:

a) Market access conditions for foreign investors specified in Article 9 of the Investment Law.

b) Ensuring national defense and security as prescribed by this Law;

c) Land law provisions on conditions for receiving land use rights and conditions for land use on islands, border communes, wards, and towns, and coastal communes, wards, and towns.

3) Investment Project Execution:

Direct project implementation.

4) Business Cooperation Contracts (BCCs):

BCC contracts signed between domestic investors are implemented in accordance with civil law.

BCC contracts signed between domestic investors and foreign investors or between foreign investors are subject to the procedures for issuing Investment Registration Certificates as specified in Article 38 of the Investment Law.

Parties participating in the BCC contract establish a coordination board to implement the BCC contract. The functions, tasks, and powers of the coordination board are agreed upon by the parties.

5) New forms of investment and types of economic organizations as prescribed by the Government.

Foreign investors make investments according to new types of economic organizations as prescribed by the government.

V. Conclusion:

In conclusion, establishing a foreign-invested film production company in Vietnam in 2025 presents a compelling opportunity, fueled by the nation's burgeoning film industry and supportive governmental policies. While this overview has outlined the fundamental procedures within CPC 96112 (excluding video tape production), navigating the intricacies of Vietnamese law necessitates expert guidance. Therefore, for investors seeking to transform their cinematic vision into reality in Vietnam, DB Legal stands ready to provide comprehensive legal counsel and dedicated support throughout every stage of the establishment process. Contact our experienced team today to explore your possibilities.

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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