THE GOVERNMENT OF THE REPUBLIC OF ARMENIA
D E C I S I O N
No 92-N of 18 January 2024
ON APPROVING THE PROCEDURE FOR ISSUING AND WITHDRAWING A RELEASE CERTIFICATE, CLASSIFICATION OF THE FILM AND MAKING AN INDICATION ON AGE RESTRICTION FOR THE FILM
Based on points 5 and 6 of part 1 of Article 7 of the Law of the Republic of Armenia “Оn cinematography” the Government of the Republic of Armenia hereby decides:
1. To approve the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film”, according to the Annex.
2. This Decision shall enter into force 2 months after its official promulgation.
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Prime Minister of the Republic of Armenia |
N. Pashinyan |
|
19 January 2024 Yerevan |
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Annex to Decision of the Government of the Republic of Armenia No 92-N of 18 January 2024 |
PROCEDURE
FOR ISSUING AND WITHDRAWING A RELEASE CERTIFICATE, CLASSIFICATION OF THE FILM AND MAKING AN INDICATION ON AGE RESTRICTION FOR THE FILM
1. GENERAL PROVISIONS
1. This Procedure shall define the procedures and conditions for issuing a release certificate for distribution of films made in the Republic of Armenia or bought abroad, withdrawing a release certificate, as well as classification of the film and making an indication on age restriction for the film.
2. Distribution of films in the territory of the Republic of Armenia shall be carried out on the basis of a release certificate.
2. ISSUING A RELEASE CERTIFICATE AND WITHDRAWING A RELEASE CERTIFICATE
3. A release certificate shall be issued for the following types of film distribution:
(1) screen distribution (including cinemas, cultural and entertainment places, open-air screenings/drive-in theatres);
(2) television distribution (including satellite and cable);
(3) Internet distribution (including other forms of making the film available to the wide public — aircraft, train, etc.)
(4) distribution by a physical carrier (including film release on a physical carrier).
4. The process of issuing a release certificate, withdrawing a release certificate shall be carried out by the cultural foundation (hereinafter referred to as “the National Body”).
5. Economic entities entitled to apply for a release certificate (hereinafter referred to as “the applicant”) shall be as follows:
(1) film production company (rightholder of a film);
(2) distribution company (film distribution licensee);
(3) film screening company (cinemas and other screening entities);
(4) company which holds a non-exclusive licence for film distribution by the types (one of the types) prescribed by point 3 of this Procedure (where a release certificate for the given film has not previously been issued to the company holding an exclusive distribution licence).
6. For the purpose of obtaining a release certificate the applicant shall submit the following to the National Body:
(1) an application request (Form No 1);
(2) a statement on copyright (including types and schedule of film distribution) (Form No 2);
(3) a statement on classification and audio presentation of the film (Form No 3);
(4) a statement on dubbing and (or) subtitling of the film (Form No 4).
7. The following documents shall be attached to the application request:
(1) for legal persons —a carbon copy of the state registration certificate;
(2) a carbon copy of the documents certifying the licence of the applicant for film distribution (documents in a foreign language shall be accompanied by an Armenian translation done by a qualified translator);
(3) information on musical compositions included in films designed for release or broadcasting, or cable distribution (composer, name or the composition included, duration of the composition in the film);
(4) dope sheets or scene lists (if available) with short film annotation attached;
(5) film copy of a proper quality (DVD or Blue-Ray Disc) on a physical carrier (provided for viewing or further storage).
8. The National Body shall accept, register and keep record of the documents submitted by the applicant.
9. Where the application fails to comply with the requirements prescribed by points 6 and 7 of this Procedure or the documents attached to the application are incomplete, the National Body shall, within 3 working days, forward a notice to the applicant by post or in an electronic form (by indicating the inaccuracies or the list of missing documents), by requiring to submit the missing documents or to eliminate the existing inaccuracies within 10 working days (Form No 5). The applicant shall be considered as notified as prescribed by the legislation of the Republic of Armenia and may submit the corrected application or missing documents to the National Body in person or in an electronic form.
10. The application for issuance of the release certificate shall be rejected, where:
(1) the information submitted is unreliable;
(2) the documents submitted do not comply with the requirements of the law;
(3) the documents submitted are incomplete and inaccuracies are not eliminated within 10 working days after notification.
11. The time limit for processing the application and the documents attached thereto, as well as determining the age category of the film audience (hereinafter referred to as “the classification of the film”) (except for cases provided for by point 12 of this Procedure) must not exceed 10 working days from the day the National Body registers the application submitted.
12. Where the National Body receives 2 or more applications, with start dates for release coinciding, the Expert Board established adjunct to the National Body (hereinafter referred to as “the Expert Board”) shall discuss the matter of sequence of start dates for release of the given films within 5 working days. The National Body shall, within 3 working days, forward a notice (Form No 6) to the applicants by registered mail or in an electronic form, by delivering the decision resulting from the discussion of the Expert Board on feasibility of release dates for the film and the need for the applicants to agree the dates, while making a proposal on possible release schedule for the film. The applicant shall be considered as notified as prescribed by the legislation of the Republic of Armenia.
13. The applicants shall, within 15 working days after receiving the notice, inform the National Body of their decision on start dates for release of the film by registered mail or in an electronic form. In case the release dates change, the applicant shall submit a new application request attached to the letter, including a new release schedule for the film. The National Body shall make an entry on the new application(s) in the register. Where no changes on date are made by the applicants, the National Body shall approve the application in the manner prescribed.
14. The provisions of point 12 of this Procedure shall apply only to national films with similar theme, genre that are designed for the same target audience.
15. For the purpose of considering the presence of materials referred to in sub-point 3 of point 23 of this Procedure and additionally evaluating the content of the film, the National Body shall, bearing in mind the time limit prescribed by point 11 of this Procedure, have the right to engage the Expert Board for Film Evaluation to consider the matter.
16. Participation in the Expert Board shall be based on the principles of voluntarism, self-governance, transparency, right to independence in decision-making. The Board shall function as an expert body under the rules of procedure and composition approved by the state authorised body, on a voluntary basis.
17. The Expert Board shall be comprised of 9 members, which includes, in addition to the chairperson, specialists in child education and upbringing, psychologists, culture experts, film art (including film studies, film production, film release, film distribution) specialists, law enforcement representatives. It includes per one specialist from each area and 5 film art specialists (including the chairperson).
18. The National Body shall take into consideration the decision of the Expert Board when issuing release certificates for films, withdrawing them, classifying films (including content evaluation), as well as approving the start dates for release of films.
19. A release certificate shall be issued, where the film meets the following conditions:
(1) the film has been classified and the relevant indication on age restriction has been made;
(2) Armenian dubbing or visible and (or) clear subtitling of a foreign film has been made, except for musical compositions featured in the film and the episodes which are insignificant or must be in a foreign language according to the creative plan.
Where the applicant submits a complete application request, the National Body shall deliver the release certificate to the applicant, in person, within 10 working days.
20. The requirement of sub-point 2 of point 19 of this Procedure shall not extend to:
(1) scientific, cultural, educational, cognitive and other similar non-commercial programmes and films intended for improving the command or teaching of foreign languages;
(2) films designed for national minorities residing in the territory of the Republic of Armenia and intended for screening within the framework of film festivals and other events of film art;
(3) films broadcast through satellite or cable connection.
21. The release certificate shall be issued in the form approved by this Procedure (Form No 7), and an individual number shall be indicated on each certificate. The National Body shall enter the information on the film and the individual number of the release certificate into the database for record-keeping of films (hereinafter referred to as “the film registry”). The release certificate must include information on age category of the film audience, taking into consideration the information provided by the applicant under sub-point 3 of point 6 of this Procedure and the results of the film viewing submitted in accordance with sub-point 5 of point 7 of this Procedure. The release certificate shall state the start date for release of the film in the territory of the Republic of Armenia, taking into consideration the provisions of point 6 and point 12 of this Procedure.
22. In case of re-organisation, liquidation or change of the name of the legal person, an appropriate change shall be made to the release certificate upon the written application of the applicant.
23. A release certificate shall not be provided where:
(1) a release certificate for the film presented has already been issued to another organisation which is the exclusive licensee for the film distribution;
(2) the film contains materials that violate the legislation of the Republic of Armenia;
(3) the film contains materials advocating the methods for making and producing narcotic drugs, psychotropic, psychoactive substances or their precursors, pornography, cult of violence and cruelty;
(4) the film features concealed technical methods to spread information that affects human subconsciousness or has adverse impact on their health;
(5) the provisions of points 6, 7 and 12 of this Procedure have been violated.
24. In case of rendering a decision on rejecting the application for issuing a release certificate, the National Body shall, within 5 working days, forward a notice on the decision on withdrawing the release certificate (Form No 9) to the applicant, by registered mail or in an electronic form.
25. The following shall serve as a ground for withdrawing a release certificate:
(1) unreliable information or fake documents have been submitted;
(2) the requirements of the Law of the Republic of Armenia “On cinematography” and other regulatory legal acts have been violated.
26. In case of rendering a decision on withdrawing the release certificate, the National Body shall, within 5 working days, forward a notice on the decision on withdrawing the release certificate (Form No 8) to the applicant by registered mail or in an electronic form, by attaching the document package of the application request.
27. The applicant shall be considered as notified as prescribed by the legislation of the Republic of Armenia. The applicant shall, within 30 working days from the day of receiving the notice, be obliged to return the original copy of the release certificate to the National Body by registered mail or in person. In case of failure to return the release certificate the applicant shall be prohibited to submit new applications until the original copy of the given release certificate is returned.
28. The National Body shall post the information on withdrawing the release certificate on its website and shall make a relevant note in the film registry.
1. CLASSIFICATION OF THE FILM AND MAKING AN INDICATION ON AGE RESTRICTION FOR THE FILM
29. Before distribution of the film within the territory of the Republic of Armenia it shall be classified by the rightholders of the film or distributors of the film (with the participation of the National Commission for the Protection of Rights of the Child of the Ministry of Labour and Social Affairs of the Republic of Armenia, expert organisations or an individual expert).
30. For the classification of the film the following shall be subject to evaluation:
(1) the theme, genre, content and architecture of the film;
(2) peculiarities of perception of the information in the film by children of a certain age group;
(3) possibility that the information in the film may cause harm to the health and development of children.
31. The film shall, in compliance with the requirements of the legislation of the Republic of Armenia, depending on the nature of the information in the film, based on the classification criteria developed by the Expert Board and approved by the state authorised body, be classified into the following categories:
(1) “G” (General) — intended for viewers of any age;
(2) “PG” — recommended to view under parental guidance, intended for persons aged 8 and over;
(3) “12PG” — intended for persons aged 12 and over. Parental guidance is recommended for persons under the age of 12;
(4) “15” — intended for persons aged 15 and over;
(5) “18” — intended for persons aged 18 and over;
(6) “21” — prohibited for persons under the age of 21.
32. The National Body shall make a relevant indication on classification of the film in the release certificate (“G”, “PG”, “12PG”, “15”, “18”, “21”) according to the information provided by the applicant and the results of examination of the Expert Board.
33. The National Body shall define the format of indications subject to the requirements of points 34-39.
34. The indication on the classification of the film and age restriction for the film shall be made by the film production or film distribution entity, by involving a symbol or text warning as follows:
(1) in the form of letter “G” or “Intended for viewers of any age”;
(2) in the form of letter combination “PG” or “recommended to view under parental guidance”;
(3) in the form of a symbol and letter combination “12PG” or “Intended for persons aged 12 and over”;
(4) with a symbol “15” or “Intended for persons aged 15 and over”;
(5) with a symbol “18” or “Intended for persons aged 18 and over”;
(6) with a symbol “21” or “Intended for persons under the age of 21”.
35. Before starting the film screening the film production entity, film distribution entity or film screening entity shall, in accordance with the sample form defined by the National Body, place the symbol of the category or the text warning on restricting its distribution among children. The size of the symbol of classification of the film must constitute at least five percent of the surface of the screen.
36. The size of the symbol of classification of the film must constitute at least five percent of the surface of the event prospectus or other announcement, film screening announcement, as well as entry ticket, invitation or other document for participation in such event.
37. The text warning on classification of the film shall be issued in Armenian, and in cases prescribed by the Law of the Republic of Armenia “On language” — in the language of national minorities residing in the territory of the Republic of Armenia or in foreign languages.
38. The symbol of classification of the film or the text warning thereon shall be placed:
(1) on the film prospectus or other announcement;
(2) on entry tickets, invitations or other document entitling the participation in the film screening;
(3) before starting the film screening.
39. In case of placing the symbol of classification of the film or text warning thereon the symbol for classification of the film shall, prior to the film screening, be placed on the centre of the screen, and its display time must be at least 10 seconds.
40. When the film screening is accompanied by several screenings of the film (by showing film trailers, video trailers or other spectacular events) for persons of different age groups, the symbol of classification of the film or text warning thereon must comply with the film classifier designed for persons of older age group. The specified symbol or its text warning shall be placed on advertisement posters and other announcements, as well as entry tickets, invitations and other documents entitling to attend the screening or the event.
2. FORMS OF SUPERVISION OVER IMPLEMENTATION
41. The supervision over procedures for issuing, withdrawing a release certificate shall be exercised by the National Body.
42. Decisions and actions (inaction) rendered (adopted) within the scope of the processes of issuing, withdrawing a release certificate by virtue of this Procedure may be appealed against as prescribed by the legislation of the Republic of Armenia.
Form No 1
APPLICATION REQUEST FOR ISSUING A RELEASE CERTIFICATE
For a legal person:
1. Name of the organisation, according to the state registration certificate of legal persons
____________________________________________________________________
in Armenian, in a foreign language (if available) and in abbreviation (if available)
2. Registered address (index) ____________________________________________
3. Business address (index) _____________________________________________
____________________________________________________________________
telephone, fax (if available), e-mail address, website (if available)
4. State registration body and place ______________________________________
5. Registration certificate number of the organisation (TIN) ___________________
6. Head of the organisation _____________________________________________
____________________________________________________________________
name, surname, father’s name (if available)
7. Title of the film ____________________________________________________
___________________________________________________________________
title in Armenian, in a foreign language (for an imported film)
8. Title and author of the literary composition ______________________________
___________________________________________________________________
In case of adaptation of a literary composition
9. Producing country(ies) _____________________________________________
10. Producing company(ies) ___________________________________________
11. Year of production _______________________________________________
12. Director(s) _____________________________________________________
13. Scriptwriter(s) __________________________________________________
14. Composer(s) ____________________________________________________
15. Cameraman (cameramen) _________________________________________
16. Production designer(s) ____________________________________________
17. Film producer(s) _________________________________________________
18. Leading actor(s) _________________________________________________
19. Type and capacity of the carrier _____________________________________
MB/GB for a digital carrier
20. Number of episodes _______________________________________________
21. Number of parts (reels) ____________________________________________
for films on a filmstrip
22. Footage _________________________________________________________
for films on a filmstrip
23. Film duration _______________________________________________________
24. Coloured or black/white ______________________________________________
25. Genre _____________________________________________________________
26. Validity period and type ______________________________________________
day, month, year
of the licence for film distribution __________________________________________
Exclusive licence for film distribution, right of film reproduction, distribution, public screening, cable transmission under the licence agreement
27. Film classifier ______________________________________________________
28. Short annotation ____________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
(position) (signature) (name, surname, father’s name) ____ _________ 202__
Form No 2
STATEMENT
On copyright
NAME OF APPLICANT
_____________________________
ADDRESS OF APPLICANT
_____________________________
__________________________, represented by ______________________________
(name of organisation) (position, name, surname, father’s name)
is the exclusive/non-exclusive (original title of the film and its localised title in
Armenian) licensee for distribution of the film _______________________________
The licence is issued under Licence Agreement _______________________________
(for a film bought — Agreement No, for a film produced - also Production Decision No of the company) and
is valid within the territory of________________________________________________
(indicate territories prescribed by the Agreement)
for the following types of distribution _________________________________________
_________________________________________________________________________
(theatrical, television, Internet distribution, distribution by a physical carrier, all types of distribution, other)
Schedule of distribution of the film ___________________ in the Republic of Armenia
(title of the film)
DD/MM/YYYY
(overall term)
____________________ ______________________ ________________________
____________________
Marz ____________ City _______________ Village
Start
____________________ ______________________ ________________________
____________________
Marz ____________ City _______________ Village
Start
(position) (signature) (name, surname, father’s name) ____ _________ 202__
Form No 3
STATEMENT ON CLASSIFICATION AND AUDIO REPRESENTATION OF THE FILM
1. Title of the film _______________________________________________________
title in Armenian, in a foreign language (for an imported film)
2. Type of the film _______________________________________________________
action, documentary, animation, other/ feature film, short film, other
3. Film format ___________________________________________________________
filmstrip, digital, other
4. Age restriction _________________________________________________________
5. Type of film distribution /target/ ___________________________________________
________________________________________________________________________
cultural, educational, minorities, film festivals, other/theatrical, television, Internet, other
6. Producing company(ies)/ TIN ____________________________________________
7. Head of the executive body of the legal person _______________________________
________________________________________________________________________
name, surname, father’s name (if available)
8. Year of production ___________________________________________________
9. Script reading actor __________________________________________________
name, surname, father’s name (if available)
10. Length of the script __________________________________________________
11. Sound format _______________________________________________________
(mono, stereo, 5.1., 7.1., other)
(position) (signature) (name, surname, father’s name)____ ___________ 202__
Form No 4
STATEMENT ON DUBBING AND (OR) SUBTITLING OF THE FILM
Dubbing of the film:
1. Title of the film ____________________________________________________
title in Armenian, in a foreign language (for an imported film)
2. Producing company (ies) /TIN ________________________________________
3. Head of the executive body of the legal person ___________________________
___________________________________________________________________
name, surname, father’s name (if available)
4. Year of production _________________________________________________
5. Sound format _____________________________________________________
(mono, stereo, 5.1., 7.1., other)
6. Dubbing director(s) _________________________________________________
7. Author(s) of the translation ___________________________________________
8. Author(s) of the parallel text __________________________________________
9. Voice actor(s) _____________________________________________________
10. Song performer(s) _________________________________________________
(if available)
11. Sound designer(s) _________________________________________________
Subtitling of the film:
1. Title of the film ___________________________________________________
Title in Armenian, in a foreign language (for an imported film)
2. Subtitling company(ies)/ TIN ________________________________________
for a legal person
3. Head of the executive body of the legal person
_______________________________________________________________________
name, surname, father’s name (if available)
4. Subtitling specialist(s) _________________
_______________________________________________________________________
name, surname, father’s name (if available)
5. Author of the translation(s)
_______________________________________________________________________
name, surname, father’s name (if available)
(position)(signature)(name, surname, father’s name) ____ ___________ 202__
Form No 5
NOTICE
on eliminating inaccuracies in the application request or submitting the missing documents for issuing a release certificate
NAME OF APPLICANT
_____________________________
ADDRESS OF APPLICANT
______________________________
We would like to inform You that the application for issuing a release certificate for the film __ (title of the film) __ or the attached documents submitted to the NATIONAL BODY contain the following inaccuracies, or the following documents are missing:
1. The application for issuing a release certificate has the requirement of sub-point(s) “__” of point 6 of the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film” filled out incompletely (or left blank), according to which the following information ___________________ is missing/ provided incompletely/ provided incorrectly (underline if necessary);
2. According to the requirement of sub-point(s) “__” of point 7 of the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film”, the following documents missing in the documents attached to the application request are required to submit:
_______________________________________________________________________
3. According to point 9 of the Procedure, it is required to correct the existing inaccuracies or to submit to the National Body the missing documents in person or in an electronic form within 10 working days “ * ”.
(position) (signature) (name, surname, father’s name) ____ ___________ 202__
“ * ” The applicant is considered as notified as prescribed by the legislation of the Republic of Armenia.
Form No 6
NOTICE
on agreeing the start date for screening of the film in the territory of the Republic of Armenia
NAME OF APPLICANT
_____________________________
ADDRESS OF APPLICANT
_____________________________
We hereby inform You that the National Body has received ____________ (indicate the number) applications for receiving a release certificate for screening of the film within the territory of the Republic of Armenia, the start dates for release of which coincide:
1. According to point 12 of the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film”, the start date for release of the film ________________ in the territory of the Republic of Armenia is to be agreed with the following applicants:
_______________________________________________________________________
(name of the applicant(s), title of the film, contact details)
2. We recommend that the following dates be considered for start of screening of the film __________ in the territory of the Republic of Armenia
____________________________________________________________________
3. Within 15 working days from the date of receiving this Notice “ * ”, it is required to notify, according to point 13 of the Procedure, the National Body of the adopted decision by registered mail or in an electronic form (in case of a change in dates — by attaching a new application, along with a schedule).
(position) (signature) (name, surname, father’s name) ____ ___________ 202__
“ * ” The applicant is considered as notified as prescribed by the legislation of the Republic of Armenia.
Form No 7
NAME OF THE NATIONAL BODY, ADDRESS OF THE NATIONAL BODY,
RELEASE CERTIFICATE
Month [____________________] No [______________________]
Film
[__________________________________________________________________]
Special symbol
[__________________________________________________________________]
Format [___________] Episode [___________] Footage [__________]
Part [___________] Colour [___________]
Screening duration: Hour [___________] Minute [___________]
Start [___________] Carrier [___________] Capacity [___________]
Date
in Armenia
Produced by
[___________________________________________________________________]
Country [_________________] Year of production [_________________]
Director [_________________] Production designer [_________________]
Scriptwriter [_________________] Cameraman [_________________]
Composer [_________________] Film producer [_________________]
Licence for the type of the film
[________________________________] in the territory of the Republic of Armenia
Type of film distribution
Validity period of the film distribution licence
[______________________________] [_________________________________]
Film classifier [_________________]
[Position] [name, surname, father’s name]
Tel.: [_______________________] signature
Form No 8
NOTICE ON THE DECISION ON WITHDRAWING A RELEASE CERTIFICATE
NAME OF APPLICANT
_____________________________
ADDRESS OF APPLICANT
_____________________________
According to point 26 of the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film”:
The National Body decides to withdraw Release Certificate for the film _____________ No ____________ issued on ____________.
1. Sub-point(s) “__” of point 25 of the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film” serves as a ground for withdrawing Release Certificate No ____________ issued on ____________.
2. Within 30 working days from the date of receiving this Notice “ * ”, the original copy of the Release Certificate No ____________ issued on ____________ must be returned to the National Body by registered mail or by appearing before the National Body in person.
(position) (signature) (name, surname, father’s name) ____ ___________ 202__
“ * ” The applicant is considered as notified as prescribed by the legislation of the Republic of Armenia.
Form No 9
NOTICE ON THE DECISION ON REJECTING THE APPLICATION FOR ISSUING A RELEASE CERTIFICATE
NAME OF APPLICANT
_____________________________
ADDRESS OF APPLICANT
_____________________________
According to point 10 of the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film”:
The National Body decides to reject the application for issuing a release certificate for the film ____________.
1. Sub-point(s) “__” of point 10 of the “Procedure for issuing and withdrawing a release certificate, classification of the film and making an indication on age restriction for the film” serves as a ground for rejecting the issuance of a release certificate.
(position) (signature) (name, surname, father’s name) ____ ___________ 202__
Date of official promulgation: 19 January 2024.
Published on a joint site 24.01.2025.
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