Regulations on the Administration of Movies
Regulations on the Administration of Movies
Regulations on the Administration of Movies
Order of the State Council of the People's Republic of China [2001] No. 342
December 25, 2001
The Regulations on the Administration of Movies, which were adopted at the 50th Executive Meeting of the State Council on December 12, 2001, are hereby promulgated, and shall come into force on February 1, 2002.
Premier Zhu Rongji
Appendix: Regulations on the Administration of Movies
Chapter I General Provisions
Article 1 These Regulations are enacted in order to strengthen the administration of the movie industry, promote the movie industry, meet the people's needs in their cultural lives, and promote the construction of the socialist material and spiritual civilization.
Article 2 These Regulations shall apply to such activities as the production, import, export, distribution and projection, etc. of the movies within the territory of the People's Republic of China, including feature movies, documentary movies, science and education movies, cartoons, and special topic movies.
Article 3 People engaged in the activities of production, import, export, distribution and projection, etc. of movies shall abide by the Constitution and relevant laws and regulations, and shall adhere to the orientation of serving the people and serving socialism.
Article 4 The administrative department for radio, movies and television under the State Council shall be in charge of the movie affairs nationwide.
The administrative department for movies under the local people's government at the county level or above shall be responsible for the administration of movies within its own jurisdiction in accordance with these Regulations.
Article 5 The State shall apply a licensing system with respect to the production, import, export, distribution, and projection of movies and public projection of movies. No unit or individual shall, without permission, be engaged in the activities of production, import, distribution or projection of movies, or import, export, distribute or project the movies for which the license has not been obtained.
The licenses or approval documents distributed in accordance with these Regulations shall not be leased, lent, sold, or transferred in any other form.
Article 6 A national social organization in movie industry shall, in accordance with its articles of association, practice self-disciplined management under the direction of the administrative department for radio, movie and television under the State Council.
Article 7 The State rewards the units and individuals who make prominent contributions to the development of the movie industry.
Chapter II Production of Movies
Article 8 In order to establish a movie production unit, the applicant shall meet the following conditions:
1. Having the name and articles of association of the movie production unit;
2. Having the controlling unit and the competent organ which is recognized by the administrative department for radio, movie and television under the State Council;
3. Having a well-defined scope of business;
4. Having an organization adapted to the needs of its scope of business and a staff of professionals;
5. Having funds, premises and equipments adapted to the needs of its scope of business;
6. Other conditions provided for in laws and administrative regulations.
The approval on the establishment of a movie production unit shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also conforming to the programming enacted by the administrative department for radio, movie and television under the State Council on the total number, distribution and structure of the movie production units.
Article 9 The application for the establishment of a movie production unit shall be examined and consented to by the administrative department for movie under the people's government of the province, autonomous region or municipality directly under the Central Government where the applicant is located before submitted to the administrative department for radio, movie and television under the State Council for examination and approval.
The application shall clearly state the followings:
1. The name, address and economic nature of the movie production unit;
2. The name, address and nature of the controlling unit and the competent organ of the movie production unit;
3. The name, address and qualification certifying documents of the legal representative of the movie production unit;
4. The sources and amount of funds of the movie production unit.
Article 10 The administrative department for radio, movie and television under the State Council shall, within 90 days of receipt of the application for the establishment of a movie production unit, make a decision on approval or disapproval of the application and shall notify the applicant. If the application is approved, a "License for Producing Movies" shall be issued by the administrative department for radio, movie and television under the State Council to the applicant, who shall go through the registration formalities and obtain the business license in accordance with the law in the administrative department for industry and commerce under the State Council with the "License for Producing Movies"; if the application is not approved, the reason thereof shall be stated.
Article 11 A movie production unit shall enjoy the civil rights and bear the civil liabilities in accordance with laws with the total property it owns.
Article 12 Where a movie production unit is to be modified or terminated, it shall report to the administrative department for radio, movie and television under the State Council for approval, and shall go through the modification registration or cancellation registration in accordance with the law in the administrative department for industry and commerce that handled the original registration.
Article 13 A movie production unit may be engaged in the following activities:
1. Producing movies;
2. Making duplicates of the movies it produces, in accordance with the relevant provisions of the State;
3. Distributing all through the country the movies it produces and permitted for public projection as well as the duplicates of such movies, in accordance with the relevant provisions of the State;
4. Exporting the movies it produces and the duplicates of such movies that have been permitted for public projection in accordance with the relevant provisions of the State.
Article 14 Movie production units shall establish and improve management systems and guarantee the quality of movies.
Article 15 A movie production unit shall have the copyright in accordance with laws over the movies it has produced.
Article 16 A unit other than movie production units which intends to be independently engaged in the business of producing movies shall report to the administrative department for radio, movie and television under the State Council for approval, and shall go through the corresponding registration formalities in the administrative department for industry and commerce with the approval documents.
A unit, other than movie production units, that is approved to produce movies shall obtain a one-off "License for Producing A Movie" in advance from the administrative department for radio, movie and television under the State Council, and shall enjoy rights and bear obligations with reference to a movie production unit. The specific measures shall be decided by the administrative department for radio, movie and television under the State Council.
Article 17 The State encourages enterprises, public institutions and other social organizations as well as individuals to participate in the production of movies in the forms of financial aid and investment. The specific measures shall be decided by the administrative department for radio, movie and television under the State Council.
Article 18 A movie production unit may, upon approval by the administrative department for radio, movie and television under the State Council, cooperate with an overseas movie producer to produce movies; no other unit or individual shall cooperate with an overseas movie producer to produce movies.
A movie production unit and a unit holding the "License for Producing A Movie" may, upon approval by the administrative department for radio, movie and television under the State Council, be engaged in the activity of producing movies outside the territory of China.
No overseas organization or individual may be independently engaged in the activity of producing movies inside the territory of the People's Republic of China.
Article 19 With respect to the production of movies through Sino-foreign cooperation, the Chinese cooperator shall propose an application for project initiation in advance to the administrative department for radio, movie and television under the State Council.
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Order of the State Council of the People's Republic of China [2001] No. 342
December 25, 2001
The Regulations on the Administration of Movies, which were adopted at the 50th Executive Meeting of the State Council on December 12, 2001, are hereby promulgated, and shall come into force on February 1, 2002.
Premier Zhu Rongji
Appendix: Regulations on the Administration of Movies
Chapter I General Provisions
Article 1 These Regulations are enacted in order to strengthen the administration of the movie industry, promote the movie industry, meet the people's needs in their cultural lives, and promote the construction of the socialist material and spiritual civilization.
Article 2 These Regulations shall apply to such activities as the production, import, export, distribution and projection, etc. of the movies within the territory of the People's Republic of China, including feature movies, documentary movies, science and education movies, cartoons, and special topic movies.
Article 3 People engaged in the activities of production, import, export, distribution and projection, etc. of movies shall abide by the Constitution and relevant laws and regulations, and shall adhere to the orientation of serving the people and serving socialism.
Article 4 The administrative department for radio, movies and television under the State Council shall be in charge of the movie affairs nationwide.
The administrative department for movies under the local people's government at the county level or above shall be responsible for the administration of movies within its own jurisdiction in accordance with these Regulations.
Article 5 The State shall apply a licensing system with respect to the production, import, export, distribution, and projection of movies and public projection of movies. No unit or individual shall, without permission, be engaged in the activities of production, import, distribution or projection of movies, or import, export, distribute or project the movies for which the license has not been obtained.
The licenses or approval documents distributed in accordance with these Regulations shall not be leased, lent, sold, or transferred in any other form.
Article 6 A national social organization in movie industry shall, in accordance with its articles of association, practice self-disciplined management under the direction of the administrative department for radio, movie and television under the State Council.
Article 7 The State rewards the units and individuals who make prominent contributions to the development of the movie industry.
Chapter II Production of Movies
Article 8 In order to establish a movie production unit, the applicant shall meet the following conditions:
1. Having the name and articles of association of the movie production unit;
2. Having the controlling unit and the competent organ which is recognized by the administrative department for radio, movie and television under the State Council;
3. Having a well-defined scope of business;
4. Having an organization adapted to the needs of its scope of business and a staff of professionals;
5. Having funds, premises and equipments adapted to the needs of its scope of business;
6. Other conditions provided for in laws and administrative regulations.
The approval on the establishment of a movie production unit shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also conforming to the programming enacted by the administrative department for radio, movie and television under the State Council on the total number, distribution and structure of the movie production units.
Article 9 The application for the establishment of a movie production unit shall be examined and consented to by the administrative department for movie under the people's government of the province, autonomous region or municipality directly under the Central Government where the applicant is located before submitted to the administrative department for radio, movie and television under the State Council for examination and approval.
The application shall clearly state the followings:
1. The name, address and economic nature of the movie production unit;
2. The name, address and nature of the controlling unit and the competent organ of the movie production unit;
3. The name, address and qualification certifying documents of the legal representative of the movie production unit;
4. The sources and amount of funds of the movie production unit.
Article 10 The administrative department for radio, movie and television under the State Council shall, within 90 days of receipt of the application for the establishment of a movie production unit, make a decision on approval or disapproval of the application and shall notify the applicant. If the application is approved, a "License for Producing Movies" shall be issued by the administrative department for radio, movie and television under the State Council to the applicant, who shall go through the registration formalities and obtain the business license in accordance with the law in the administrative department for industry and commerce under the State Council with the "License for Producing Movies"; if the application is not approved, the reason thereof shall be stated.
Article 11 A movie production unit shall enjoy the civil rights and bear the civil liabilities in accordance with laws with the total property it owns.
Article 12 Where a movie production unit is to be modified or terminated, it shall report to the administrative department for radio, movie and television under the State Council for approval, and shall go through the modification registration or cancellation registration in accordance with the law in the administrative department for industry and commerce that handled the original registration.
Article 13 A movie production unit may be engaged in the following activities:
1. Producing movies;
2. Making duplicates of the movies it produces, in accordance with the relevant provisions of the State;
3. Distributing all through the country the movies it produces and permitted for public projection as well as the duplicates of such movies, in accordance with the relevant provisions of the State;
4. Exporting the movies it produces and the duplicates of such movies that have been permitted for public projection in accordance with the relevant provisions of the State.
Article 14 Movie production units shall establish and improve management systems and guarantee the quality of movies.
Article 15 A movie production unit shall have the copyright in accordance with laws over the movies it has produced.
Article 16 A unit other than movie production units which intends to be independently engaged in the business of producing movies shall report to the administrative department for radio, movie and television under the State Council for approval, and shall go through the corresponding registration formalities in the administrative department for industry and commerce with the approval documents.
A unit, other than movie production units, that is approved to produce movies shall obtain a one-off "License for Producing A Movie" in advance from the administrative department for radio, movie and television under the State Council, and shall enjoy rights and bear obligations with reference to a movie production unit. The specific measures shall be decided by the administrative department for radio, movie and television under the State Council.
Article 17 The State encourages enterprises, public institutions and other social organizations as well as individuals to participate in the production of movies in the forms of financial aid and investment. The specific measures shall be decided by the administrative department for radio, movie and television under the State Council.
Article 18 A movie production unit may, upon approval by the administrative department for radio, movie and television under the State Council, cooperate with an overseas movie producer to produce movies; no other unit or individual shall cooperate with an overseas movie producer to produce movies.
A movie production unit and a unit holding the "License for Producing A Movie" may, upon approval by the administrative department for radio, movie and television under the State Council, be engaged in the activity of producing movies outside the territory of China.
No overseas organization or individual may be independently engaged in the activity of producing movies inside the territory of the People's Republic of China.
Article 19 With respect to the production of movies through Sino-foreign cooperation, the Chinese cooperator shall propose an application for project initiation in advance to the administrative department for radio, movie and television under the State Council.
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