IIPA has included extensive discussions of various market access barriers in previous submissions. The following provides updates only and is not meant to be an exhaustive list of the issues.
Laws Leave Potential Quotas In Place: The amended Cinematography Law creates the potential for a film quota, with numerical benchmarks set at 20% for Vietnamese feature films shown in theaters. On November 11, 2013, the Prime Minister issued a Decision of Approval of “Development Strategy for Movie Industry to 2020 and Vision to 2030.” The Decision sets an even more restrictive aspiration of 45% Vietnamese (40% Vietnamese major films) by 2030. While the Law’s stated quota and Decision appear to be hortatory in nature, the Vietnamese Government should confirm that it will not impose these quotas which would amount to a serious market access barrier. Such quotas are highly disfavored, and it is clear that, as Vietnam produces only about 20 films per year, the imposition of the quota, combined with the local industry’s inability to meet demand, would have a devastating effect on the distribution infrastructure and foreign filmmakers’ and distributors’ abilities to do business in Vietnam. IIPA also notes the hortatory preference to show “valuable” foreign films. Rather than instituting unworkable quotas or developing preferences for films based on arbitrary or subjective criteria, the Vietnamese Government should take steps to provide more openness and flexibility in the marketplace, thereby fostering greater development and more avenues for distribution of motion picture content, whether foreign or domestic, in Vietnam.