电影管理条例 REGULATIONS ON ADMINISTRATION OF FILMS

国务院令第200号
（Adopted at the 45th Executive Meeting of the State Council on May 29， 1996， promulgated by Decree No. 200 of the State Council of the People's Republic of China on June 19， 1996）
颁布日期：19960619 　实施日期：19960701 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated for the purposes of strengthening the administration of the film industry， developing and promoting film undertakings， satisfying the needs of the people for cultural life and promoting the construction of socialist material and spiritual civilization.

　　Article 2 These Regulations shall apply to activities of the production， import， export， distribution and projection， etc.， of feature films， documentary films， science and educational films， films of special subjects， cartoons and puppet films， etc.， within the territory of the People's Republic of China.

　　Article 3 Activities concerning films such as film production， import， export， distribution and projection， etc.， must persevere in the direction of serving the people and socialism.

　　Article 4 The administrative department of radio， film and television of the State Council shall take charge of the nationwide work of films.

　　Administrative department for films of people's governments at and above the county level shall， in accordance with these Regulations， be responsible for the administration of films within their respective regions.

　　Article 5 National social organizations in film industry shall， in accordance with their constitutions and under the guidance of the administrative department of radio， film and television of the State Council， exercise self-discipline in the management.

　　Article 6 The state shall give rewards to organizations and individuals having made remarkable contributions to the development of film undertakings.

　　Chapter II Production of Films

　　Article 7 Films shall be produced by film studios.

　　Article 8 The establishment of a film studio must be in conformity with the plan on the total number， distribution and structure of film studios formulated by the administrative department of radio， film and television of the State Council， and satisfies the following requirements：

　　（1） Have the aim and constitution of the film studio；

　　（2） Have definite scope of business；

　　（3） Have the funds suitable to its business；

　　（4） Have place and equipment according with stipulations for film production； and

　　（5） Have an organizational structure and professional personnel suitable to the demands of the business.

　　Article 9 For applying for the establishment of a film studio， the administrative department in charge of the applicant unit shall submit an application to the administrative department for films of the local people's government of the province， autonomous region and municipality directly under the central government for examination and permission， and the latter， if giving permission， shall submit the application to the administrative department of radio， film and television of the State Council for examination and approval.

　　The application shall include the following items：

　　（1） The name， address and economic nature of the film studio to be established；

　　（2） The name， address and nature of the administrative department in charge of， and the sponsor of， the film studio to be established；

　　（3） The name， address and credentials of the legal representative of the film studio to be established； and

　　（4） The source and amount of the funds of the film studio to be established.

　　Article 10 The administrative department of radio， film and television of the State Council shall， within 180 days after receiving the application for establishing a film studio， make a decision on whether or not to approve it， notify the applicant in writing o

f the decision， and give reasons if the application has not been approved. Where the application is approved， the administrative department of radio， film and television of the State Council shall issue a License for Film Production to the applicant and， by producing the license， the applicant shall register with the administrative department for industry and commerce of the State Council and draw a Business License therefrom.

　　Article 11 A film studio shall， to the extent of all its assets， enjoy civil rights and assume civil obligations in accordance with the law.

　　Article 12 The state shall carry out annual inspection on licenses for film production， the measures for which shall be formulated by the administrative department of radio， film and television of the State Council.

　　Article 13 Changes and termination of a film studio shall be subject to to the approval of the administrative department of radio， film and television of the State Council， and shall go through the registration for changes or formalities for cancellation.

　　Article 14 Film studios may engage in the following activities：

　　（1） Produce films；

　　（2） Make reproductions of films produced by themselves；

　　（3） In accordance with relevant provisions of the state， distribute films and their reproductions produced by themselves and allowed to be projected publicly； and

　　（4） In accordance with relevant provisions of the state， export films and their reproductions produced by themselves and allowed to be projected publicly.

　　Article 15 Film studios shall establish and improve the management system and guarantee the quality of the films.

　　Article 16 Film studios shall enjoy copyrights over the films produced by themselves. Except as otherwise stipulated by laws or regulations， any unit or individual shall get authorization from the copyright owner before exploiting a film product by means of reproduction， distribution， projection， broadcast， publication， dubbing， adaptation or the like.

　　Anyone who exploits a film product under the provisions of the preceding paragraph shall conclude a contract with the copyright owner and pay remuneration in accordance with the stipulations of the contract.

　　Article 17 The state encourages official organs， enterprises， institutions and other social organizations and citizens to participate in film production by investing or giving financial aid， the measures for which shall be formulated by the administrative department of radio， film and television of the State Council.

　　Article 18 Film studios may， either inside or outside China， produce films in cooperation with external film producers.

　　Article 19 For Sino-foreign joint production of a film， the Chinese side shall submit an application in advance to the administrative department of radio， film and television of the State Council， and the latter shall， after getting opinions from relevant departments and considering it in conformity with relevant provisions after examination， issue a Permit for Sino-Foreign Joint Production of Films only for the present application. After obtaining the permit， the applicant shall， in accordance with relevant provisions， conclude a contract for the joint production.

　　Article 20 When there is a need to import equipment， materials， film or props for the Sino-foreign joint production of a film， the producer shall go through the import or temporary import formalities with the customs by producing the approval document issued by the administrative department of radio， film and television of the State Council.

　　Article 21 When producing films in cooperation with Chinese film studios or in other forms in the territory of the people's republic of China， external film producers shall observe laws and regulations of the People's Republic of China and respect the customs and habits of various Chinese nationalities.

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　　Article 22 The development and later production of negatives and sample copies of a film produced either by a domestic film studio or a Sino-foreign joint effort shall be done in the territory of the People's Republic of China. When it needs to be completed outside China due to some special technological demands， a specific application shall be submitted to the administrative department of radio， film and television of the State Council for approval.

　　Chapter III Examination of Films

　　Article 23 The state shall adopt a film examination system.

　　Films that have not examined and approved by the film examination organ of the administrative department of radio， film and television of the State Council may not be distributed， projected， imported or exported.

　　Article 24 Films are forbidden to have the following contents：

　　（1） Those endangering the unity， sovereignty and territorial integrity of the state；

　　（2） Those harming the security， honor and interests of the state；

　　（3） Those inciting national split ism and disrupting the unity of nationalities；

　　（4） Those divulging state secrets；

　　（5） Those publicizing obscenity or superstitions or playing up violence；

　　（6） Those libeling or insulting other people； or

　　（7） Other contents prohibited by the state.

　　Films shall be up to the national standards in terms of technological quality.

　　Article 25 Film studios shall， in accordance with the provisions of Article 24， conduct examination on scenarios before they are put into production and on films before they are dispatched from the studios.

　　Film studios shall submit the scenarios which they plan to put into production to the film examination organ for filing

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