Laws of the People's Republic of China

the State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No. 40

The Provisions on the Administration of Examination of TV Plays, which were adopted at the executive meeting of this Administration on July 24, 2004, are hereby promulgated and shall come into force as of October 20, 2004.

Director of the State Administration of Radio, Film and Television, Xu Guangchun

September 20, 2004

Provisions on the Administration of Examination of TV Plays

Chapter I General Provisions

Article 1

With a view to regulating the examination of TV plays, ensuring that the TV plays give correct guidance, prospering the creation of TV plays and promoting sound development of the industry of TV plays, the present Provisions are formulated according to the Ordinance on the Administration of Radio and Television.

Article 2

The present Provisions shall be applicable to the following activities:

(1)

examining the initiative of plans on the subjects of TV plays (including TV cartoons) to be produced domestically, and the finished TV plays (TV cartoons);

(2)

examining the plans on the subjects of the TV plays (including TV cartoons) to be produced by cooperating with foreign institutions, or institutions from Hong Kong, Macao or Taiwan.

(3)

examining the TV plays (including TV cartoons, feature films, hereinafter referred to as imported TV plays) imported for being broadcasted by TV stations; and

(4)

examining the feature films to be broadcasted by TV media.

Article 3

The State Administration of Radio, Film and Television (hereinafter referred to as the SARFT) shall be responsible for the administration of TV plays of the whole country.

The provincial radio and television administrative departments shall be responsible for the administration of TV plays within their respective jurisdictional areas.

Article 4

The state shall adopt the examination system on the initiative of the plans on subjects of TV plays and the licensing system on the issuance of TV plays.

In the case of any TV play without the plan on its subject initiated, no one may produce it.

No one may distribute, broadcast, import or export any TV play without the TV Play Issuance License. Renting, leasing, selling, transferring or transferring in a disguised form various licenses for TV plays is prohibited.

Article 5

The state encourages the well-produced TV plays with deep thought and brilliant art, which are popular with the mass.

Chapter II Initiative of Plans on the Subjects of TV Plays (Including TV Cartoons)

Article 6

The SARFT shall be responsible for the final examination on the initiative of plans on the subjects of TV plays of the whole country.

The provincial radio and TV administrative departments shall be responsible for the preliminary examination on the initiative of plans on the subjects of TV plays within their respective jurisdictional areas.

As to the initiative of plans on the subjects of TV plays of the TV play production institutions subordinate to the entities directly under the Central Government, after being given opinions by the superior administrative department, they shall be reported to the SARFT for examination and approval.

Article 7

When applying for the initiative of plan on the subject of a TV play, the applicant shall meet one of the following conditions at least:

(1)

holding a TV Play Production License (Class A);

(2)

holding a Radio and TV Program Production and Business Operation License;

(3)

It is a TV station at the prefecture (city) level or above; or

(4)

It is a film production institution with a Film Production License.

Article 8

When applying for the initiative of plan on the subject of a TV play, the applicant shall submit the following materials:

(1)

an Application Form for the Initiative of Plan on the Subject of a TV Play or an Application Form for the Initiative of Plan on the Subject of a TV Cartoon;

(2)

a brief introduction (not less than 1500 Chinese characters) describing the main theme, major heroes and heroines, background and stories of the TV play.

(3)

If the TV play involves any important political, military, diplomatic, front united, national or religious content, or any case, any big name, the applicant shall provide the written certification materials such as the opinions issued by the corresponding competent department and other related materials.

Article 9

The SARFT shall quarterly accept the applications for initiative of plans on the subjects of TV plays in each year, and the declared period shall be from the first day to the fifteenth day of the first month of each quarter.

The SARFT shall accept the applications for initiative of plans on the subjects of TV cartoons two times each year, and the declared period shall be January 1 - 15 and July 1 - 15 each year.

In principle, the SARFT shall not accept any application not submitted within the application submission periods. If the SARFT has to make a change to the declared periods, it shall make an announcement to the general public 60 days before.

The provincial radio and television administrative departments may determine the declared periods for the initiative of plans on the subjects of TV plays (including TV cartoons) in their respective jurisdictional areas in accordance with this Article, and shall make an announcement to the general public 60 days before.

Article 10

The TV play production institutions subordinate to the entities directly under the Central Government, which meet the requirements as listed in Article 7 of the present Provisions, may directly file applications to the SARFT for the initiative of plans on the subjects of TV plays (including TV cartoons).

Other institutions meeting the requirements as listed in Article 7 of the present Provisions shall file applications to the local provincial radio and television administrative departments for the initiative of plans on the subjects of TV plays (including TV cartoons). After the preliminary examination by the provincial radio and television administrative departments, the aforesaid applications shall be submitted to the SARFT for final examination.

Article 11

The SARFT shall examine the application materials pursuant to laws, and shall make a written decision of approval or disapproval within 50 days, during which the time period for expert appraisal shall be 30 days.

Article 12

An approved initiative of plan on the subject of a TV play subject have a valid period of two years. Where the planned TV play hasn't been put into production at the expiry of the valid period, the approved initiative plan shall be invalidated automatically. If it is necessary to prolong the valid period, a new application shall, according to the present Provisions, be filed 30 days prior to the expiry of the valid period. If the application for prolonging the valid period is approved, the planned TV play shall be put into production within a year. If the planned TV play hasn't been put into production at the expiry of the extended time period, the approved initiative plan shall be cancelled. The radio and television administrative departments at the province level or above shall not any longer accept any new application for the initiative of plan on the subject of the same TV play of this applicant.

Article 13

Where it is necessary to change the name, number of episodes or the production institution of the TV play in an approved plan, the applicant shall report the change to the SARFT for archiving purpose, and shall go through relevant formalities for the change.

Article 14

The information on the progress of the production of the play in an approved plan shall be reported to the radio and television administrative departments at the province level or above for archiving purpose in the form of dynamic monthly reports.

Chapter III Examination Institutions and Standards

Article 15

The SARFT shall set up a TV Play Examination Committee and a TV Play Re-examination Committee. The provincial radio and television administrative departments shall each establish a TV play examination institution, which shall be responsible for the examination of TV plays within their respective jurisdictional areas.

Article 16

The TV Play Examination Committee of the SARFT shall perform the following functions:

(1)

examining the TV plays (including TV cartoons) produced by using the TV Play Production License of production institutions subordinate to the entities directly under the Central Government, and making examination conclusions;

(2)

examining the TV plays produced domestically by hiring foreigners (including play-writers, directors, actors and actresses, and photographers) as participants in the production, and making an examination conclusions;

(3)

examining the screenplays of the TV plays produced by cooperation, finished TV plays and imported TV plays, and making examination conclusions; and

(4)

examining TV plays (including TV cartoons), which has caused debates in the public during TV broadcasting and are reported by the provincial TV play examination institution to the SARFT for examination, or are reported to the SARFT for examination due to the needs of public interests, and making examination conclusions.

Article 17

The TV Play Reexamination Committee of the SARFT shall perform the functions of examining the TV plays, which are applied for reexamination by the institutions as the examinees because they refuse to accept the examination conclusions of the TV Play Examination Committee of the SARFT or of the provincial TV play examination institutions, and making examination conclusions.

Article 18

The provincial TV play examination institutions shall perform the following functions:

(1)

examining the TV plays (including TV cartoons) domestically produced by the TV play production institutions within their respective jurisdictional areas without hiring any foreigner as a participant in the production, and making examination conclusions;

(2)

conducting preliminary examination on the TV plays domestically produced by the TV play production institutions within their respective jurisdictional areas with foreigners as participants in the production, making examination conclusions, and putting forward detailed and explicit opinions on the preliminary examination;

(3)

conducting preliminary examination on the screenplays of the TV plays cooperatively produced by the TV play production institutions within their respective jurisdictional areas and overseas institutions and on the finished TV plays, and putting forward detailed and explicit opinions on the preliminary examination; and

(4)

conducting preliminary examination on the imported TV plays submitted by institutions within their respective jurisdictional areas for examination, and putting forward detailed and explicit opinions on the preliminary examination.

Article 19

The examination of TV plays shall be conducted, in light of the orientation of serving people and socialism, the guide line of letting a hundred flowers blossom and a hundred schools of thought contend and the principle of getting close to the reality, life and the mass, so as to ensure the correct consensus guidance.

Article 20

No TV play containing any of the following contents may pass the examination:

(1)

being against the basic principles determined by the Constitution;

(2)

endangering the unity, sovereignty and territorial integrity of the state;

(3)

divulging the state secrets, endangering state security or damaging the honor and interests of the State;

(4)

instigating hatred or discrimination among ethnic groups, undermining the solidarity among ethnic groups, or disrespecting ethnic customs or practices;

(5)

advocating evil religions and superstitions;

(6)

disturbing social order and destroying social stability;

(7)

advocating obscenity, gambling or violence, or instigating crimes;

(8)

insulting or defaming others, and infringing upon others' legitimate rights and interests;

(9)

endangering the social morality or the excellent national culture and tradition; or

(10)

containing other contents that are prohibited by the laws, administrative regulations or provisions of the state.

Chapter IV Examination Procedure

Article 21

The applicant shall file an application to the examination organ for the examination of a domestically produced TV play (including a TV cartoon), and shall submit the following materials in addition:

(1)

an Application Form for the Examination of a Domestically Produced TV Play or an Application Form for the Examination of a Domestically Produced TV Cartoon;

(2)

the valid certification for the qualification of the production institution;

(3)

a photocopy of the document approving the initiative of plan on the subject of a TV play;

(4)

a photocopy of the document approving the employment of foreigners as participants in the production of the domestic TV play;

(5)

an abstract for each episode with 500 Chinese characters at least;

(6)

a complete set of L1/2 video tapes, whose pictures, sound and time code meet the examination requirements; and

(7)

a complete caption table for the beginning, end and songs of the TV play.

Article 22

The cooperatively produced TV plays shall be managed according to the relevant provisions of the SARFT on the management of TV plays produced through Sino-foreign cooperation.

Article 23

The imported TV plays shall be managed according to the relevant provisions of the SARFT on the management of the import and broadcasting of overseas TV programs.

Article 24

The TV play examination institution shall, after receiving a complete set of examination application materials, make a decision of approval or disapproval of administrative licensing within 50 days, during which the expert appraisal may take 30 days. Where a TV play passes the examination, the radio and television administrative department at the province level or above shall issue a TV Play (TV Cartoon) Insurance License to the applicant. If it is necessary to make modifications upon examination, the radio and television administrative department at the province level or above shall put forward opinions on the modifications. And the institution as the examinee may reapply for examination after finishing the modifications in accordance with the present Provisions. If it fails to pass the examination, the radio and television administrative department at the province level or above shall make a written decision of disapproval and shall give an explanation.

The TV Play (TV Cartoon) Insurance Licenses shall be uniformly printed and produced by the SARFT.

Article 25

Where an institution as the examinee refuses to accept the decision of disapproval of administrative licensing, it may apply to the TV Play Re-examination Committee of the SARFT for re-examination within 60 days from receiving the decision. The TV Play Re-examination Committee of the SARFT shall make a re-examination decision within 50 days, during which the expert appraisal may take 30 days, and shall give a written notice to the institution as the examinee. If the TV play or TV cartoon passes the re-examination, the SARFT shall issue to it a TV Play (TV Cartoon) Insurance License.

Article 26

No one may randomly change a TV play, which has obtained a TV Play (TV Cartoon) Insurance License. If it is necessary to change the name, major characters, main stories and the length of the episodes of the TV play, this TV play shall be applied for re-examination according to the present Provisions.

Article 27

The domestically produced TV plays involving any significant revolutionary or historical event shall be subject to examination in accordance with the relevant provisions.

Article 28

The provincial radio and television administrative departments shall, in the first week of each month, submit a report on the distribution of TV Play (TV Cartoon) Insurance Licenses in the previous month to the SARFT for archiving purpose.

Article 29

The information on the countrywide distribution of TV Play (TV Cartoon) Insurance Licenses shall be announced by the SARFT to the general public.

Article 30

The TV play production institution may issue or entrust other institutions to issue a TV play or TV cartoon, of which it has obtained the copyright and a TV Play (TV Cartoon) Insurance License.

Article 31

The TV station shall accord with the relevant laws, regulations and rules when broadcasting a TV play. It shall keep to the pre-broadcasting examination and re-broadcasting re-examination system, and shall give a clear indication of the corresponding serial number of the distribution license in the beginning of each episode of the TV play, and shall give a clear indication of the corresponding serial number of the production license at the head of each episode of the TV play. It may not omit the name of the production institution and the names of key persons involved in the production of the TV play.

Article 32

For reasons of public interests, the SARFT may decide to charge the parties concerned to modify, or to stop the distribution, import, export or broadcasting of a TV play or TV cartoon with TV Play (TV Cartoon) Insurance License.

Chapter V Penalty Provisions

Article 33

Where anyone violates the present Provisions, he shall be punished according to the Regulations on the Administration of Radio and Television. If the circumstance is serious and any crime is constituted, it (he) shall be subject to criminal liabilities.

Article 34

Where any radio and television administrative department or any of its functionaries abuses its (his) powers, neglects its (his) duties or seeks private interests in the examination of TV plays, it (he) shall be given an administrative punishment according to law. If any crime is constituted, it (he) shall be subject to criminal liabilities.

Chapter VI Supplementary Provisions

Article 35

The provincial radio and television administrative departments shall, in accordance with the present provisions, formulate measures for the examination of TV plays by taking into consideration of the actual situation within their respective jurisdictional areas.

Article 36

The present Provisions shall come into force as of October 20, 2004. The Interim Provisions on the Examination of TV Plays of the SARFT (Order No. 1 of the SARFT) shall be abolished simultaneously.