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National Film Office - Decree

31 March, 2006 - filmhu
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Decree 14 of 2004 (VI.9.) of the Ministry of National Cultural Heritage and the Ministry of Finance on the Detailed Rules of the Organization, Operation and Procedures of the National Motion picture Bureau.
On the basis of the authorization provided in section 37(1) of Act II of 2004 on Motion Pictures (hereinafter referred to as “the Act”) and section 67(2) of Act XCIII of 1990 on Duties, we order the following:
National Motion Picture Bureau - part four


Chapter VI

Other Tasks of the Bureau

Section 14 (1) On the basis of section 32(3) of the Act, the Bureau shall at the request of professional motion picture supporting organizations issue certificates on the settlement of direct motion picture subsidies received by the natural persons and organizations registered by the Bureau.

(2) In accordance with section 31(4) of the Act, the Bureau may issue certificates on other data of the organizations included in its register at the request of concerned parties or other public administration bodies.

(3) The Bureau shall establish and ,together with the regulation under section 15(2), publish the circle of data available free of charge and the method of access to such data.

Section 15 (1) On the basis of the authorization provided in section 32(1) of the Act, the Bureau perform professional motion picture data gathering and data management activities. In the course of these activities, it may request data from the organizations and natural persons concerned within the scope of data gathering defined by the National Statistical Data Gathering Program.

(2) Together with the management regulations of the databases prepared by it, the Bureau shall also publish on an annual basis the circle of data gather and managed by it in the Culture Journal.

(3) The Bureau is responsible for the gathering of Hungarian data in the field of motion picture production for the European Audiovisual Observatory and for the forwarding of these data to the Observatory.


Chapter VII

Appeals

Section 16 (1) In respect of the appeals filed against the resolutions issued in the proceedings of the Bureau, the provisions of Act IV of 1957 on Administrative Proceedings shall be taken into account with the exceptions defined in paragraph (2).

(2) Appeals against the resolution defined in section 2(4) shall be filed within 5 days of receipt and against the resolution defined in section 5(3) within 8 days of receipt.

(3) In appeal proceedings, if possible, the planned date for the start of the distribution of the motion picture shall be considered in both cases.



Chapter VIII

Administrative Service Fees Payable for the Services of the Bureau


Section 17 (1) The fee payable for the motion picture classification procedure defined in section 3 shall be HUF 50,000 per motion picture production, and HUF 25,000 in secondary proceedings.

(2) The fee payable for the motion picture classification procedure defined in section 5 shall be HUF 20,000 per motion picture production, and HUF 10,000 in secondary proceedings.

3) The fee payable for the motion picture classification procedure defined in section 6 shall be per motion picture production:
a) HUF 5,000 in respect of motion picture subject to section 6 (5), and HUF 2,500 in secondary proceedings,
b) HUF 20,000 in respect of all other motion picture production, and HUF 5,000 in secondary proceedings.

Section 18 (1) The fee payable for the registration procedure of professional motion picture organizations and natural persons defined in section 7 shall be:
a) HUF 5,000 in respect of natural persons, HUF 2,500 in secondary proceedings,
b) HUF 20,000 in respect of organizations, HUF 10,000 in secondary proceedings.

(2) In case of reporting changes in data, the fee payable for the registration procedure defined in section 7 shall be:
a) HUF 2,000 in respect of natural persons, HUF 1,000 in secondary proceedings,
b) HUF 5,000 in respect of organizations, HUF 2,500 in secondary proceedings.

Section 19 (1) The fee payable for the registration procedure defined in section 11 shall, in case of the registration of motion pictures produced on order (the issuing of subsidy certificates), be:
a) 0.2 percent, but maximum HUF 500 000 of the direct motion picture production cost incurred in Hungary in case of the scheduling under sections 13(1) and (2), the fee of the secondary proceeding is 0.1 percent, but maximum HUF 250 000 of the direct motion picture production cost incurred in Hungary.
b) 0.3 percent but maximum HUF 500 000 of the direct motion picture production cost incurred in Hungary in case of the scheduling under sections 13(3), the fee of the secondary proceeding is 0.15 percent, but maximum HUF 250 000 of the direct motion picture production cost incurred in Hungary.

(2) The fee payable for the registration procedure defined in section 11 shall, in case of the registration of motion pictures not produced on order (the issuing of investment certificates), be:
a) 0.1 percent, but maximum HUF 250,000 of the direct motion picture production cost incurred in Hungary in case of the scheduling under sections 13(1) and (2), the fee of the secondary proceeding is 0.05 percent, but maximum HUF 125 000 of the direct motion picture production cost incurred in Hungary.

b) 0.15 percent but maximum HUF 250,000 of the direct motion picture production cost incurred in Hungary in case of the scheduling under sections 13(3), the fee of the secondary proceeding is 0.07 percent, but maximum HUF 125 000 of the direct motion picture production cost incurred in Hungary.

Section 20 No reductions of or exemptions form the procedural fees of the Bureau are possible.

Section 20 (1) The fees payable for the procedure of the Bureau shall be paid to the target fund utilization framework account no. ……………………… of the National Motion Picture Bureau managed by the Hungarian Treasury indicating “Treasury Transaction Code ……. In case of the registration procedure defined in section 11 the identification number of the motion picture production shall also be indicated.

(2) For the management, accounting, recording and refunding of the fees the legal regulations pertaining to the reporting and accounting obligations of organizations operating on the basis of a budget shall apply.

(3) If the relevant fee is not paid in respect of any procedure of the Bureau, the client can be instructed to payment and warned; should the client fail to comply, the request will be rejected.

(4) The Bureau shall refund to the applicant the fee of appeal against the Bureau’s resolution for which resolutions the court establishes violation of law.


Closing Provisions

Section 22 This decree shall enter into force on the day of promulgation. For the issuing of the subsidy and investment certificates defined in section 11, the direct motion picture production costs arising after 1 April 2004 can be taken into account.




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