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AFM 1996 - Day Three Report


Communist and Non-Communist Vietnamese Meet to Speak the International Language of Film

In the first introduction of its kind, two top-level Vietnamese government officials, paying their first visit to AFM to see how the free market operates in the business of film, met with AFM attendees representing the non-Communist Los Angeles-based Vietnam Movie & Television Productions Association (VMTPA).

The Cinema Department of Vietnam's Ministry of Culture and Information sent its First Deputy General Director, Dr. Luu Trong Hong, and its Chief-in-Charge of International Relations, Do Duy Anh, at the invitation of the American Film Marketing Association (AFMA). The officials are being unofficially hosted by Tom Grey and Gordon Cheung, President of Rim Films, the United States distribution arm of Golden Harvest Entertainment Co., Ltd., and Golden Harvest Distribution Vice-President Gordon Cheung. That company has established itself in most Asian markets with offices in Hong Kong and Los Angeles and has successfully completed a number of Vietnamese language films in and out of Vietnam, some using non-Communist Vietnamese filmmakers. Golden Harvest is offering four actioners, including two starring Jackie Chan, as well as a drama and a comedy at the AFM.

VMTPA has a membership of nearly 200 Vietnamese producers and filmmakers who live and work primarily in San Jose, Santa Ana and other parts of Orange County. Few VMTPA members have been to Vietnam since 1975 and the stories told by those who have returned from visits since that time have grown into horror tales of mythical proportion, in part due to the hatred, fear and loathing felt by exiled Vietnamese against the communist government. Many VMTPA members' entire lives have been spent focussing on recovering from the trauma of losing their homeland. Thus, the thought of a cordial business relationship with the communist government is dismissed by many whose personal interests would be furthered by continued segregation.

Aware of the mistrust, the General Secretary of VMTPA posed straightforward questions to Luu and Do and was (eventually) surprised with their apparently candid responses. When asked about reports of filmmakers being jailed for shooting film in Vietnam, Luu claimed that any such jailed filmmakers were most likely prosecuted for violating Vietnam's very clear censorship provisions which require that producers must adhere to the approved script. "Any film coming into Vietnam must first be submitted to Fa Films, the sole authorized distributor in the country. Fa Films then submits the script or finished film to the government censorship board. As long as the story doesn't fall into one of five unacceptable categories, an approval is issued by the censorship board and Fa Films is free to buy and distribute and the producer is then allowed to film in Vietnam," Luu said through Do's interpretation.

The five unacceptable categories are "movies that focus on violence, sex, criticism of the current Vietnamese regime, criticism of Vietnamese culture, and, criticism of another country's political system" Luu continued. Sounding like every top production executive in Hollywood, Luu emphasized that "the single most important thing is the script." Just like any other film production or financing entity, the Vietnamese government apparently acknowledges that a great film starts with a great script.

Luu and Do both alleged that any fears held by Vietnamese in the United States about being jailed or attacked upon returning to visit Vietnam are baseless. The officials claimed that their country has recently adopted much more open policies regarding visitors and Luu emphasized that "Vietnam's policy is to make friends with everyone in the world." Through Do's translation, Luu responded to criticisms from the VMTPA General Secretary. It appeared that the government officials were excited to meet with non-Communist Vietnamese filmmakers, if only because introductions are the first step toward possible working relationships. Luu regretfully announced that only two non-Communist Vietnamese filmmakers have actually completed productions in Vietnam and he attributed this low number to the lack of formal introductions to Vietnamese producers and filmmakers living and working in the United States.

Both Do and Luu stressed the tremendous amount of change that has taken place in Vietnam since 1975. The country is now home to 73 million residents, twice that in 1975, with half of the population under 20 years old. Do requested that if there is only one message he could leave behind, it is that "things have changed so dramatically in Vietnam in the past 20 years that people should look to the country as a welcoming friend and let go of impressions held from the past."

Do and Luu are hopeful that their visit may also attract foreign exhibitors to the country and announced that a Vietnamese delegation visiting Paris three weeks ago finalized an agreement with France that will enable that country to build a multiplex in Hanoi in the near future. Do commented that there is also a planned hotel and multiplex construction project in the works, but was uncertain when the project would be complete.

As for the current state of theaters in Vietnam, Luu and Do reported that most theaters are in terrible condition. "At one time, there were 350 theaters in Vietnam, but now there are only 200 because the people stopped going to movies when the number of movies produced in Vietnam each year began to drop," Do stated. In Hanoi, theaters once capable of exhibiting 16mm and 35mm film have apparently allowed their equipment to fall into disrepair. According to Do, the exhibitors now transfer the few available 16mm prints onto laser disc and project a much smaller image onto the screens.

Of course, the mention of "laser discs" opened a discussion regarding anti-piracy and copyright laws, protections the lack of which make any filmmaker leery when dealing with a country that is not a party to the Berne Convention, the international agreement whose signatories agree to respect the copyright laws of a film's country of origin. Luu and Do addressed the copyright issues by proudly stating that the President of Vietnam recently signed a Decree that preordains an official copyright law to be placed into effect on July 1, 1996. When asked about the Berne Convention, Do admitted that Vietnam may soon have to become a signatory if it hopes to have credibility among the filmmaking countries of the world when it comes to claiming that they are fighting to stamp out piracy. As an example of current anti-piracy efforts, Luu explained that a video cassette movie costs about $3.00, but that if the tape does not contain the official stamp of the government censorship board, the seller of the tape is subject to a $20 fine. If more than 20 illegal videos are located, an additional $1000 fine is imposed.

The new copyright law, upon which the Decree was based, was designed through examination of similar laws of 40 countries, but the accepted draft was directly influenced by the input of the governments of both France and Singapore, Luu stated. Therefore, not surprisingly, Droit Morale or moral rights to intellectual property will be respected and protected under the new Vietnam law. Whether the law will be diligently enforced and whether Vietnam becomes a Berne Convention signatory remain to be seen.

Luu and Do confirmed that Vietnam's action on anti-piracy and copyright issues was driven by the country's desire to become involved in the world cinema market. Luu stated that currently, "Vietnam subsidizes about 15 films a year, providing between 60 and 100% of the financing." However, budgets are low and production values are not where Luu hopes they will be in the future. Luu and Do are also paying attention to the expectations of sellers at the AFM with regards to their perception of the amount of money available from Vietnam. Do emphasized that the government simply does not have serious funds to provide for film production at the present time.

Do and Luu invited the General Secretary of VMTPA to return to Vietnam to shoot a film, asking only that the government process be followed. Do claimed that scripts written in Vietnamese and sent to Fa Films will receive an approval or disapproval in about 30 days. English language scripts must be translated and necessarily take more time.

After the meeting, VMTPA's General Secretary would only comment that Luu and Do "answered my questions and seemed like nice people." Do and Luu will remain in Los Angeles for the duration of the AFM, which ends on Friday, March 8. The meeting was arranged by Tom Grey, Gordon Cheung and Michael Arnold of Golden Harvest Entertainment Co., Ltd. and Los Angeles attorney Mark Vega.


For the remainder of the Market, the Internet Entertainment Network will profile an assortment of international distributors/sellers as well as buyers and bring you short takes on each of the five seminars at this year's market, each focusing on Realizing the Independent Vision; Strategies to Survive and Prosper in the Age of Mega-Mergers.

If you have any special requests for information from the market or would like us to profile any particular buyer or seller, please email us at producing@hollywoodnetwork.com



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