What are the legal consequences for allowing underage audiences into cinemas?

Legal situation: Currently, there is a situation where underage audiences are allowed to enter the theatre to watch movies. So, in this case, how can the cinema be punished?

FDVN’s opinion:

According to the provisions of Article 32 of the 2022 Law on Cinematography guided by Article 2 of Circular 05/2023/TT-BVHTTDL stipulating film classification criteria and displaying film classification levels and warnings, films are classified according to content for dissemination suitable to viewers’ age or not allowed to be disseminated as follows:

a) Type P: Films are allowed to be popular with viewer of all ages;

b) Type T18 (18+): Films are popular with viewers aged 18 and over;

c) Type 16 (16+): Films are popular with viewers aged 16 years or older;

d) Type T13 (13+): Films are popular with viewers aged 13 years or older

đ) Type K: Movies are popular with viewers under 13 years old with the condition of watching with a parent or guardian;

e) Type C: Movies are not allowed to be disseminated.

According to the provisions of Clause 1, Article 4 of Circular 05/2023/TT-BVHTTDL, the principle is that films must be played the film rating during the dissemination process, except for P-rated films, and the display of the rating must ensure that information about the film rating level and warning content must be provided within a sufficient period of time for viewers to receive information.

According to the provisions of Point b, Clause 3, Article 19 of the 2022 Law on Cinematography, cinematographic establishments disseminating films in cinemas must ensure that moviegoers are of the correct age according to film classification. Therefore, cinemas are responsible for ensuring that moviegoers enter cinemas at the right age in accordance with the published film classifications under the laws.

In the event of a violation, as stipulated in Article 8, Clause 4 of Decree No. 38/2021/ND-CP regarding administrative sanctions in the fields of culture and advertising, cinemas engaging in the practices of showing films to audiences not meeting the age requirements or allowing audiences below the specified age limit may face fines ranging from 30,000,000 VND to 40,000,000 VND (for individuals) or 60,000,000 VND to 80,000,000 VND (for organisations). Furthermore, they could have their film screening operations suspended at the cinema location for a period of 1 to 3 months, as outlined in Clause 6 of the same Decree. Additionally, according to Clause 7 of this Article, cinemas may also be compelled to forfeit any illicit gains acquired as a result of such infractions.

Lawyer Pham Thao from FDVN Law Firm

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