基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

外商投资电影院暂行规定 Foreign Investment in Cinemas Tentative Provisions

2006-05-12 23:26   我要纠错 | 打印 | 收藏 | | |

国家广播电影电视总局令第21号

(Promulgated by the State Administration of Radio, Film and Television on 25 November 2003 and effective as of 1 January 2004.)

颁布日期:20031125  实施日期:20040101  颁布单位:国家广播电影电视总局

  Article 1 These Provisions are formulated in accordance with the PRC, Sino-foreign Equity Joint Venture Law, the PRC, Sino-Foreign Co-operative Joint Venture Law, the Administration of Films Regulations and the relevant laws and regulations in order to meet the needs of reform and opening up, absorb foreign capital, import advanced technology and equipment, and promote prosperous development of the film industry in China.

  Article 2 These Provisions shall apply to foreign companies, enterprises and other economic organizations or individuals (Foreign Party to the Joint Venture) that, based on the principles of equality and mutual benefit and upon the approval of the Chinese government, establish with a company or enterprise in China (Chinese Party to the Joint Venture) a Sino-foreign equity or cooperative joint venture to build or renovate cinemas and to engage in the business of film screening.

  Article 3 Foreign investors may not establish wholly foreign-owned cinemas or set up cinema chains.

  Article 4 Foreign-invested cinemas shall fulfil the following criteria:

  1. they shall be in accord with the distribution and planning of local cultural facilities;

  2. they shall have a registered capital of not less than Rmb 6 million;

  3. they shall have a fixed place of business (for screening);

  4. in the case of Sino-foreign equity joint venture cinemas, the investment ratio of the Chinese Party to the Joint Venture in the registered capital may not be less than 51%; in the case of Sino-foreign equity joint venture cinemas in State experimental cities: Beijing, Shanghai, Guangzhou, Chengdu, Xi‘an, Wuhan and Nanjing, the investment ratio of the Foreign Party to the Joint Venture in the registered capital may not exceed 75% at maximum;

  5. the term of equity and cooperative joint ventures may not exceed 30 years; and

  6. they shall be in accord with the laws, regulations and the relevant provisions of China.

  Article 5 If a Chinese Party to the Joint Venture invests with State-owned assets (other than cash investment), it shall handle the relevant procedures according to the relevant provisions on the administration of State-owned assets.

  Article 6 Establishment of foreign-invested cinemas shall be approved in accordance with the following procedure:

  1. The Chinese Party to the Joint Venture shall apply to the commerce administrative department at the provincial level of the place where it is located and submit the following materials:

  (1) an application for the project of establishing a foreign-invested cinema;

  (2) proof of the legal person status, materials related to land use rights for the cinema, and the bank proof of creditworthiness of the Chinese Party to the Joint Venture;

  (3) proof of the qualifications, bank proof of creditworthiness, and documents in support of the financial status issued by an accounting firm, of the Foreign Party to the Joint Venture;

  (4) notice of the preliminary approval of the name of the foreign-invested cinema issued by the administration for industry and commerce;

  (5) a feasibility study report, contract and the articles of association; and

  (6) other materials required to be submitted by laws, regulations or the examination and approval authorities.

  2. The commerce administrative department at the provincial level of the place where it is located shall, upon obtaining the consent of the film administrative department at the provincial level, carry out examination and approval in accordance with the relevant State laws and regulations on foreign investment, and shall report to the Ministry of Commerce, the State Administration of Radio, Film and Television, and the Ministry of Culture for record filing. An Approval Certificate for a Foreign-invested Enterprise shall be issued to foreign-invested enterprises that are established upon approval.

  3. Foreign-invested cinemas established upon approval shall, within one month of the date of receipt of the Approval Certificate for a Foreign-invested Enterprise, carry out registration procedures with the administration for industry and commerce at the provincial level on the strength of the Approval Certificate for a Foreign-invested Enterprise.

  4. After foreign-invested cinemas have completed construction or renovation work, they may engage in the business of film screening only after they have been inspected and accepted by the relevant departments and have obtained a Film Screening Business Permit from the film administrative department at the provincial level on the strength of the Approval Certificate for a Foreign-invested Enterprise and the Business Licence.

  Article 7 Where there is a change in the equity or investment amount of a foreign-invested cinema that has already been established, it shall be handled in accordance with the procedure specified in Article 6 hereof.

  Article 8 Foreign-invested cinemas must abide by the relevant State laws and regulations, operate in accordance with the Administration of Films Regulations, and accept the supervision and administration of the relevant Chinese government departments. The films screened must have a Permit for Public Screening of Films issued by the State Administration of Radio, Film and Television. They are not permitted to screen smuggled or pirated films nor engage in the screening of commercial videos, VCDs or DVDs.

  Article 9 Foreign-invested cinemas that engage in other entertainment service business as affiliation must comply with the relevant State regulations.

  Article 10 Establishment of enterprises that engage in the business of film screening in the mainland by investors from the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall, mutatis mutandis, be handled in accordance with these Provisions.

  Article 11 These Provisions and their Annex shall be effective as of 1 January 2004. The Foreign Investment in Cinemas Tentative Provisions promulgated on 25 October 2000 by the State Administration of Radio, Film and Television, the Ministry of Foreign Trade and Economic Cooperation and the Ministry of Culture shall be simultaneously repealed.

  Annex:

  The following special provisions on the issues relevant to investment in cinemas by Hong Kong and Macao service providers in the Foreign Investment in Cinemas Tentative Provisions are formulated in accordance with the Mainland/Hong Kong Closer Economic Partnership Agreement and the Mainland/Macao Closer Economic Partnership Agreement approved by the State Council, in order to promote the establishment of closer economic partnership between Hong Kong, Macao and the mainland, and to encourage Hong Kong and Macao service providers to establish enterprises that engage in the business of film screening in the mainland:

  1. Starting from 1 January 2004, Hong Kong and Macao service providers are permitted to construct, renovate and operate cinemas in the form of equity or cooperative joint venture. Hong Kong and Macao service providers are permitted to hold a majority equity interest, but it may not exceed 75%.

  2. Other provisions on investment in cinemas by Hong Kong and Macao service providers in the mainland shall still be implemented according to the Foreign Investment in Cinemas Tentative Provisions.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右

外语教育网(www.for68.com)是北京东大正保科技有限公司(CDEL)旗下一家大型外语远程教育网站,正保科技成立于2005年7月,是国内超大型外语远程教育基地,上榜“北京优质教育资源榜”--“百万读者推崇的网络教育机构”。


公司凭借雄厚的师资力量、先进的网络视频多媒体课件技术、严谨细致的教学作风、灵活多样的教学方式,为学员提供完整、优化的外语课程,既打破了传统面授的诸多限制,发挥了网络教育的优势,也兼顾面授的答疑与互动特点,为我国培养了大量优秀的外语人才。


为了满足学员学习不同语种、不同阶段的学习需求,网站开设了包括考试英语、行业英语、实用口语以及小语种在内的百余门语言学习课程,涵盖英语、日语、韩语、俄语、德语、法语、西班牙语、意大利语、阿拉伯语等主要语种,供学员自由选择。此外,网站还拥有各类外语专业信息和考试信息20余万条,是广大学员了解外语类考试最新政策、动态及参加各语种培训的优质网站。


北京东大正保科技有限公司成立于2000年,是一家具备网络教育资质、经教育部批准开展远程教育的专业公司,为北京市高新技术企业、中国十大教育集团、联合国教科文组织技术与职业教育培训在中国的唯一试点项目。


公司下属13家行业远程教育网站,业务涵盖了会计、法律、医学、建设、自考、成考、考研、中小学、外语、信息技术、汉语言教学等诸多领域,拥有办公面积8000多平米,员工近千人,公司年招生规模达270万人。由于正保远程教育(China Distance Education Holdings Ltd., CDEL)在中国互联网远程教育行业内的绝对优势和强大影响力,正保教育模式一直被广大投资人所追捧。2008年7月30日,公司在美国纽约证券交易所正式挂牌上市(股票交易代码:DL),是2008年唯一一家在美国纽交所上市的专业从事互联网远程教育的中国企业。


版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371