Laws of the People's Republic of China

State Administration of Radio, Film and Television

Order of the State Administration of Radio, Film and Television

No. 41

The Provisions on the Administration of Sino-foreign Cooperation in the Production of TV Plays, adopted at the executive meeting of this Administration on June 15th, 2004, are hereby promulgated and shall be implemented as of October 21st, 2004.

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

September 21st, 2004

Provisions on the Administration of Sino-foreign Cooperation in the Production of TV Plays

Article 1

With a view to promoting Sino-foreign cultural exchange, boosting the creation of TV plays, strengthening the administration of the production of TV plays through Sino-foreign cooperation and protecting the legitimate rights and interests of the producers, the present Provisions are formulated.

Article 2

The present Provisions shall apply to the activities of producing TV plays (including TV cartoons) through cooperation between domestic radio and television program production institutions (hereinafter referred to as the Chinese party) and foreign legal persons and natural persons (hereinafter referred to as the foreign party).

Article 3

The State Administration of Radio, Film and Television (hereinafter referred to as the SARFT) shall be responsible for the administration of the production of TV plays (including TV cartoons) through Sino-foreign cooperation and shall regulate and control the overseas cooperation parties, quantities and subjects thereof.

A provincial radio and television administrative department shall be responsible for the specific administration of the production of the TV plays (including TV cartoons) through Sino-foreign cooperation within its administrative area.

Article 4

The state shall adopt a licensing system for the production of TV plays (including TV cartoons) through Sino-foreign cooperation.

Without approval, no one may undertake the activities of producing TV plays (including TV cartoons) through Sino-foreign cooperation. Without passing the examination, no Sino-foreign cooperative TV play (or TV cartoon) after completion may be distributed or broadcasted.

Article 5

The following ways may be adopted in the production of TV plays through Sino-foreign cooperation:

(1)

Joint production, which means that in the production of TV plays (including TV cartoons) both the Chinese party and the foreign party jointly make investments, assign key production personnel, share the benefits and bear the risks;

(2)

Collaborative production, which means that in the production of TV plays the foreign party make investments, offer key production personnel and shoot all or part of the outdoor scenes; the Chinese party provides labor services or equipment, appliances and places;

(3)

Entrusted production, which means that in the production of TV plays the foreign party makes investments and entrusts the Chinese party to produce it.

Article 6

An applicant shall fulfill the following requirements when it files an application for initiative of the plan on the production of TV plays through Sino-foreign joint production:

(1)

The Chinese party shall have a TV Play Production License (Class A);

(2)

The Chinese party shall simultaneously file an application to the SARFT for an approval of the plan on the subject of the TV play through Sino-foreign joint production;

(3)

Joint investments are made by both parties including direct investments in currency, and investments by converting labor services, kind or advertising time into money;

(4)

The main creative elements, such as the prophase initiatives and the writing of screenplay, shall be determined by both parties;

(5)

Both parties shall jointly assign production personnel and technicians to participate in the whole process of production. Among the key production personnel of the TV play (play-writer, producer, director, main actors and actresses, etc.), the persons assigned by the Chinese party shall not be less than 1/3; and

(6)

The domestic and overseas copyright of the TV play shall be jointly owned by both the Chinese and foreign parties.

Article 7

An applicant shall submit the following materials in writing when it file an application for initiative of the plan on the production of TV plays through Sino-foreign joint production:

(1)

An application;

(2)

A photocopy of the TV Play Production License (Class A);

(3)

The preliminary examination opinions of the provincial radio and television administrative department (apart from the circumstance that a Chinese production institution directly files an application to the SARFT for TV Play Production License (Class A));

(4)

An abstract for each episode with at least 5,000 Chinese characters, or a complete screenplay;

(5)

The name list and resumes of the key production personnel (play-writer, producer, director, main actors and actresses, etc.) both at home and abroad;

(6)

The production plan, domestic scenes for shooting and detailed shooting program;

(7)

The letter of intent for cooperation; and

(8)

A legal person registration certification of the foreign party (in case the foreign party is natural person, his resume shall be submitted) and certification of credit standing. The examination and approval organ may require the foreign party to submit a notarized foreign third-party guarantee letter.

Article 8

An applicant shall fulfill the following requirements when it files an application for initiative of the production of TV cartoons through Sino-foreign joint production:

(1)

The Chinese party shall possess a Radio and TV Program Production and Business Operation License;

(2)

The Chinese party shall simultaneously file an application to the SARFT for an approval of the plan on the subject of the TV cartoon through Sino-foreign joint production;

(3)

Joint investments are made by both parties including direct investments in currency, and investments by converting labor services, kind or advertising time into money;

(4)

The main creative elements, such as the forepart initiatives and the writing of screenplay, shall be determined by both parties; and

(5)

The domestic and overseas copyright of the TV cartoon shall be jointly owned by both the Chinese and foreign parties.

Article 9

An applicant shall submit the following materials in writing when it files an application for initiative of the plan on the subject of TV cartoons through Sino-foreign joint production:

(1)

An application;

(2)

A photocopy of Radio and TV Program Production and Business Operation License;

(3)

The preliminary examination opinions of the provincial radio and television administrative department (apart from the circumstance that a Chinese production institution directly files an application to the SARFT for TV Play Production License (Class A));

(4)

An abstract for each episode with at least 500 Chinese characters, or a complete screenplay;

(5)

The letter of intent for cooperation; and

(6)

A legal person registration certification of the foreign party (in case the foreign party is natural person, his resume shall be submitted) and certification of credit standing. The examination and approval organ may require the foreign party to submit a notarized foreign third-party guarantee letter.

Article 10

An applicant shall submit the following materials in writing when it files an application for the production of TV plays through Sino-foreign collaborative production or entrusted production:

(1)

An application;

(2)

An abstract for each episode with at least 1,500 Chinese characters, or a complete screenplay;

(3)

The name list of the key production personnel (including the play-writer, producer, director, main actors and actresses, etc.);

(4)

The domestic shooting scenes and the shooting plan;

(5)

The letter of intent for cooperation; and

(6)

The examination and approval organ may require the foreign party to provide relevant credit standing certifications.

Article 11

A Chinese production institution as the Chinese party that directly files an applications to the SARFT for a TV Play Production License (Class A) shall file an application to the SARFT for the approval of producing a TV play (or TV cartoon) through Sino-foreign Cooperation.

In case any other production institution as the Chinese party files an application for approval of producing TV plays (including TV cartoons) through Sino-foreign Cooperation, upon permission of the local provincial radio and television administrative department, the application shall be submitted to the SARFT for examination and approval.

Article 12

After the SARFT formally accepts an application for producing TV plays (including TV cartoons) through Sino-foreign cooperation, it shall decide whether to approve the application within the statutory time limit. Where the TV play (including TV cartoons) is to be produced through Sino-foreign joint production, the time limit for the examination shall be 50 days (including 30 days for expert appraisal). Where the TV play (including TV cartoons) is to be produced through Sino-foreign collaborative production or entrusted production, the time limit for examination shall be 20 days. Where the application fulfills the relevant requirements, the SARFT shall issue a reply of approval; in case it doesn't fulfill the relevant requirements, the SARFT shall issue a notice in writing to the applicant and make an explanation.

In case the applicant refuses to accept the decision of disapproval, it may file an application to the SARFT for reexamination within 60 days after it receives the decision. The SARFT shall make a decision of reexamination within 50 days, during the period of which the time for expert appraisal shall be 30 days.

Article 13

After the TV play (including TV cartoons) has been completed through Sino-foreign joint production, it shall be submitted to the radio and television administrative department at the provincial level or above for examination in accordance with the procedure as provided for in Article 11 of the present Provisions.

Article 14

An applicant that files an application for the examination of a TV play (TV cartoon) after completion through Sino-foreign joint production shall submit the following materials:

(1)

The preliminary examination opinions of the provincial radio and television administrative department (apart from the circumstance that a Chinese production institution directly files an application to the SARFT for TV Play Production License (Class A));

(2)

The reply of the SARFT about approval of shooting and a photocopy of the approval of the plan on the subject of the TV play (TV cartoon) to be produced through Sino-foreign Cooperation;

(3)

A complete set of L1/2 video tapes, of which the pictures, sound and time code shall fulfill the examination requirements;

(4)

An abstract for each episode with at least 300 Chinese characters; and

(5)

The captions for the beginning and end of the TV play (including TV cartoons) identical with those in the sample video tape.

Article 15

After the SARFT formally accepts an application for the examination of a TV play (including TV cartoons) after completion through Sino-foreign joint production, it shall decide whether to approve the grant of an administrative license within 50 days, during the period of which the time for expert appraisal shall be 30 days. Where the TV play (including TV cartoons) after completion fulfills the relevant requirements, the SARFT shall issue a TV Play (TV Cartoon) Distribution License; in case it doesn't fulfill the relevant requirements, the SARFT shall give a notice in writing and make an explanation.

In case the applicant refuses to accept the decision of disapproval of granting an administrative license, it may file an application to the SARFT for reexamination within 60 days after it receives the decision. The SARFT shall make a decision of reexamination within the time limit as stipulated in the preceding paragraph and shall notify the applicant of the decision in writing. In case the applicant passes the reexamination, the SARFT shall issue it a TV Play (TV Cartoon) Distribution License. .

Article 16

No substantial change may be randomly made to a screenplay with reply of the SARFT about shooting approval or to a completed TV play (TV cartoon) with a TV Play (TV Cartoon) Distribution License. In case there is real necessity to modify its name, main characters, main stories or chapter length, a new application shall be filed pursuant to the present Provisions.

Article 17

The state encourages Chinese and foreign cooperators to produce TV plays embodying good Chinese national tradition and progress of human civilization and to make TV cartoons for the purpose of shaping Chinese cartoon images.

No TV play (or TV cartoon) produced through Sino-foreign cooperation may contain the following contents:

(1)

Opposing 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)

Inciting hatred or discrimination among ethical groups, undermining the solidarity among ethical groups, or disrespecting ethical customs or practices;

(5)

Advocating cult and superstition;

(6)

Disrupting social order and harming 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)

Harming 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.

Article 18

A TV cartoon made through Sino-foreign joint production that aims to embody Chinese characteristics can be broadcasted as a domestically produced TV Cartoon.

Article 19

A TV play (including TV cartoons) made by Sino-foreign joint production shall have a version in Mandarin. In accordance with the needs of distribution, a version in language of the corresponding country, region or ethical minority may be made upon consent of the cooperators.

Article 20

Anyone in violation of the present Provisions shall be punished according to the Regulation on Radio and Television. In case any crime is constituted, it (he) shall be subject to the criminal liabilities.

Article 21

The production of TV plays (including TV cartoons) by cooperating with legal persons or natural persons from Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan Region shall abide by the present Provisions.

Article 22

The present Provisions shall be implemented as of October 21st, 2004. The Provisions on the Production of TV Plays (Video Tapes) (Order No. 15 of the Ministry of Radio, Film and Television) shall be abolished simultaneously.