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中外合作摄制电影片管理规定 Administration of Sino-foreign Cooperation in the Production of Films Provisions

2006-05-12 21:32   我要纠错 | 打印 | 收藏 | | |

国家广播电影电视总局令第31号

(Promulgated by the State Administration of Radio, Film and Television on 6 July 2004 and effective as of 10 August 2004.)

颁布日期:20040706  实施日期:20040810  颁布单位:国家广播电影电视总局

  Article 1 These Provisions are formulated in accordance with the Administration of Films Regulations in order to prosper the creation and production of films, to safeguard the lawful rights and interests of the producers of Sino-foreign cooperatively-produced films and relevant persons, and to promote Sino-foreign exchanges of films.

  Article 2 For the purposes of these Provisions, “Sino-foreign cooperation in film production” refers to the joint and coordinated production of films, and the production of films by appointment, inside or outside China, by a domestic film producer that has obtained a Film Production Permit or a Film Production Permit (Single Film) (Chinese Party) in accordance with the law and a foreign film producer (Foreign Party)。

  Article 3 These Provisions shall apply to the cooperative production of fictional films, art films, science and educational films, documentary films and special features films (including films, digital films, films for television, etc.) of Chinese and foreign film producers inside and outside China.

  Article 4 The State Administration for Radio, Film and Television (SARFT) is responsible for the administration of Sino-foreign cooperation in film production.

  Article 5 Sino-foreign cooperation in film production shall include the following forms:

  1. joint production, namely the form of production by which the Chinese and foreign parties invest jointly (including investment of funds, labour or physical objects), produce jointly, and share the interests and bear the risks jointly;

  2. coordinated production, namely the form of production by which the Foreign Party contributes capital and carries out filming in China, and the Chinese Party assists by providing equipment, apparatus, sites, labour, etc. for consideration; or

  3. production by appointment, namely the form of production by which the Foreign Party appoints the Chinese Party to carry out production in China on its behalf.

  Article 6 Sino-foreign cooperation in film production shall abide by the following principles:

  1. it shall be in accord with the Constitution, laws, regulations and the relevant provisions of China;

  2. it shall respect the customs, religions, beliefs and living habits of all ethnic groups in China;

  3. it shall facilitate the propagation of the refined indigenous culture and traditions of China;

  4. it shall facilitate economic, cultural, and thought and moral construction, and the social stability of China;

  5. it shall facilitate Sino-foreign exchanges of films; and

  6. it may not harm the interests of a third country.

  Article 7 The State shall implement a licensing system for Sino-foreign cooperation in film production.

  Domestic work units or individuals that have not obtained a Permit for Sino-foreign Cooperation in Film Production or an approval document may not produce films in cooperation with foreign work units or individuals. Foreign work units or individuals may not produce films independently in China without approval.

  Article 8 To apply for Sino-foreign cooperation in film production, the following conditions shall be met:

  1. the Chinese Party shall hold a Film Production Permit or a Film Production Permit (Single Film) (here and hereinafter, including Sino-foreign film production equity joint ventures approved and registered in China); and

  2. neither the Chinese nor foreign party is being subjected to the penalty period in which it is banned from film production as a result of violation of the Administration of Films Regulations.

  Article 9 To apply for Sino-foreign cooperation in film production, the following materials shall be submitted to SARFT:

  1. application for the production project of the Chinese production work unit;

  2. the photocopy of the Film Production Permit (Film Production Permit (Single Film)) and the business licence of the Chinese production work unit;

  3. literary script of the film (in standardized Chinese characters) in triplicate;

  4. proof of creditworthiness of the Foreign Party and the details of the cooperative production;

  5. letter of intent or agreement for the cooperation of the Chinese and foreign parties, the main contents of which shall specify: the investment ratio of all parties in cooperation, the ratio of major crew personnel of the Chinese and foreign parties, the location of printing of negatives and copies and post production, and whether or not the film shall participate in domestic or foreign film festivals (exhibitions), etc.; and

  6. brief introduction of the major crew personnel.

  Article 10 The procedure for the application, and the examination and approval of Sino-foreign cooperative film production projects shall be as follows:

  1. the Chinese and foreign production work units shall submit the application to SARFT;

  2. SARFT shall accept the written application submitted by the applicant within the stipulated time period according to the Administrative Licensing Law;

  3. if SARFT decides to accept the application, it shall render a decision on whether or not to approve the project within 20 working days. Where the film screenplay is required to be evaluated by experts, it shall notify the applicant in writing, and the evaluation shall be completed within 20 working days;

  4. where the criteria for joint production is fulfilled, SARFT shall issue a Permit for Sino-foreign Cooperation in Film Production for one-time use. Where the criteria for coordinated production or production by appointment is fulfilled, SARFT shall issue an approval document. Where no approval is granted, the reasons therefor shall be stated in writing.

  Article 11 After obtaining the Permit for Sino-foreign Cooperation in Film Production or the approval document, both the Chinese and foreign parties shall conclude a contract based on the details of the approved project.

  Article 12 A Permit for Sino-foreign Cooperation in Film Production shall be valid for two years.

  Article 13 Where it is necessary to employ overseas major crew personnel for a joint production, it shall be approved by SARFT, and the proportion of the major actors of the Foreign Party shall not exceed two-thirds of the total number of the major actors.

  Article 14 A Putonghua language version shall be produced for jointly-produced films, and its subtitles must be in standardized Chinese characters. According to the needs of film distribution, the production of corresponding language versions for countries, regions and ethnic minorities based on the Putonghua version is permitted.

  Article 15 Sino-foreign cooperatively-produced films that have been completed shall be submitted to the film examination commission of SARFT after the opinion on the preliminary examination has been submitted by the local radio, film and television administrative department at the provincial level. Films for which the project has been applied by film production work units under the central government and State authorities and work units that hold a Film Production Permit (Single Film), and whose production has been completed, shall be directly reported to the film examination commission of SARFT for examination.

  Article 16 Jointly-produced films may only be distributed and screened publicly inside or outside China after they have passed examination and obtained a Permit for Public Screening of Films issued by SARFT.

  In cases of films produced in coordination or by appointment that have passed examination, export procedures may be carried out on the strength of the approval document of SARFT.

  Article 17 Where the Chinese and foreign parties need to amend a film for which the Permit for Public Screening of Films has already been obtained, they shall report the matter to SARFT for examination and approval.

  Article 18 Printing of, and post production on, negatives and copies of Sino-foreign cooperatively-produced films shall be completed in China. If it has to be completed abroad due to special needs, it shall be reported to SARFT for approval.

  The remaining materials of negatives and copies after editing shall be retained temporarily by the Chinese Party, and may only be exported after the film has been publicly screened abroad for six months.

  Article 19 Where a jointly-produced film needs to participate in Chinese or foreign film festivals (exhibitions), it shall be reported to SARFT for record filing according to the provisions on the holding of and participation in Chinese and foreign film festivals (exhibitions)。

  Article 20 The Foreign Party shall employ film artists and labour personnel in mainland China through the Chinese Party, and shall conclude a contract with the employees in accordance with the laws and regulations of China.

  Article 21 Acts in violations of these Provisions shall be penalized in accordance with the relevant provisions of the Administration of Films Regulations.

  Article 22 These Provisions shall apply to the cooperative production of films in China by film producers from the Hong Kong Special Administrative Region, the Macao Special Administrative Region and Taiwan.

  Article 23 These Provisions shall be implemented as of 10 August 2004. The Administration of Sino-foreign Cooperation in the Production of Films Provisions (SARFT Order no. 19) promulgated by the State Administration for Radio, Film and Television shall be repealed simultaneously.

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