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电影管理条例 REGULATIONS ON ADMINISTRATION OF FILMS

2009-03-24 法律英语 来源:互联网 作者:
, the measures of which shall be formulated by the administrative department of radio, film and television of the State Council.

  Article 26 Film studios shall, after the completion of a film production, submit the film to the film examination organ for examination and pay the examination fee in accordance with relevant provisions of the state. Units engaging in film import shall, after going through the formalities for the temporary import of a film, submit the film to the film examination organ for examination and pay the examination fee.

  The schedule of fees for film examination shall be fixed by the financial department and price department of the State Council together with the administrative department of radio, film, and television of the State Council.

  Article 27 The film examination organ shall, within 30 days after receiving the film submitted for examination, notify the submitting unit in writing of the decision on the examination and, if the film has passed the examination, issue a Permit for Film Projection for this film. Film studios and units engaging in film import shall put the number of their Permit for Film Projection on the title of the first copy of the film.

  Article 28 If refusing to accept the decision of the film examination, the film studio or the unit engaging in film import may, within 30 days after receiving the decision, apply re-examination to the film re-examination organ of the administrative department of radio, film and television of the State Council; the latter shall issue a Permit for Film Projection for the film if it passes the re-examination.

  Chapter IV Import and Export of Films

  Article 29 Import of films shall be managed by units approved by the administrative department of radio, film and television of the State Council for engaging in film import; without approval, no other units or individuals may engage in film import.

  Article 30 For importing films for examination, the unit engaging in film import shall go through the formalities for temporary import with the customs by producing the approval document issued by the administrative departme

nt of radio, film and television of the State Council.

  Films imported for public projection shall be examined by the film examination organ; those having passed the examination shall be issued a Permit for Film Projection and documents approving the import. Only by producing the documents approving the import may the unit engaging in film import go through the formalities for import with the customs.

  Article 31 Units engaging in film import shall exploit film products with the license and within the scope of the license of the copyright owner of the film; without the license, no unit or individual may exploit imported film products.

  Article 32 The ownership of copyright to a dubbed film shall be stipulated by the dubbing party and entrusting party in the film-dubbing contract; in case of failure to have such stipulations in the contract, the copyright to the dubbed film shall be owned by the dubbing party.

  Article 33 For exporting a film produced by themselves, a film studio may go through the formalities for film export with the customs by producing the Permit for Film Projection.

  Article 34 For exporting a film produced by a Sino-foreign joint effort, the Chinese side may go through the formalities for film export with the customs by producing the Permit for Film Projection.

  Article 35 For importing films of special subjects as reference materials for scientific research or education, the importing unit shall submit an application to the relevant administrative department of the State Council for approval and, with an approval document, they may go through the formalities for import with the customs and shall, within 30 days after the import, report to the administrative department of radio, film and television of the State Council for filing.

  China Film Library may directly go through the formalities with the customs for importing reference films, and report to the administrative department of radio, film and television of the State Council for filing by the quarter. No other units or individuals may import feature films or other films prohibited by the state in the name of scientific research or education.

  Article 36 For holding a Sino-foreign film exhibition or international film festival or participating in foreign-related film exchange activities such as film exhibition or film festival held abroad, an application shall be submitted to the administrative department of radio, film and television of the State Council for approval, and the films to be involved in the exchanges shall be submitted to the administrative department of radio, film and television of the State Council for examination; only with the approval can the formalities for temporary import or export of films be handled with the customs.

  Chapter V The Distribution and Projection of Films

  Article 37 Film distribution and projection units to be established must satisfy the requirements specified by the administrative department of radio, film and television of the State Council.

  Article 38 For establishing a film distribution unit, an application shall be submitted to the administrative department for films of the local people's government of province, autonomous region or municipality directly under the central government, which shall, if considering it in conformity with stipulations after examination, issue a Business License for Film Distribution; the applicant shall register with the local administrative department for industry and commerce by producing the license.

  Article 39 For establishing a film distribution unit involving more than one province, autonomous region or municipality directly under the central government, an application shall be submitted to the administrative department of radio, film and television of the State Council, which shall, if considering it in conformity with stipulations after examination, issue a Busines

s License for Film Distribution; the applicant shall register with the local administrative department for industry and commerce by producing the license.

  Article 40 For establishing a film projection unit, an application shall be submitted to the administrative department

  Article 40 For establishing a film projection unit, an application shall be submitted to the administrative department for films of the local people's government at or above the county level, which shall, if considering it in conformity with stipulations after examination, issue a Business License for Film Projection; the applicant shall register with the local administrative department for industry and commerce by producing the license.

  Article 41 In case of changes or termination of a film distribution or projection unit, approval from the original approving department must be obtained, and the registration for changes or cancellation shall be conducted in accordance with the law.

  Article 42 The state shall adopt an annual inspection system to the Business License for Film Distribution and the Business License for Film Projection. Measures for the annual inspection shall be formulated by the Administrative department of radio, film and television of the State Council.

  Article 43 For distributing or projecting a film, one must hold a Permit for Film Projection issued by administrative department of radio, film and television of the State Council.

  Article 44 For producing audio-visual products by exploiting films, the license from the copyright owner of the film must be obtained, and the procedures for publication, reproduction, distribution and projection shall be completed in accordance with the provisions of the State Council concerning the administration of audio-visual products.

  No unit or individual may use reference films for profit-seeking activities or disguised profit-seeking activities.

  Article 45 The ratio of time spent on the projection of domestic films and that spent on the projection of the imported films shall be consistent with stipulations.

  The time spent every year by a film projection unit on the projection of domestic films may not be less than two thirds of the total time spent annually by the same projection unit on film projection.

  Article 46 Film projection units shall maintain the public order and general sanitation of the cinemas and guarantee the safety and health of the audiences.

  Article 47 In some special cases, the administrative department of radio, film and television of the State Council may make a decision of deletion or suspension of projection on films already having the Permit for Film Projection; all film distribution and projection units shall carry out such decisions.

  Chapter VI The Guarantee for Film Undertakings

  Article 48 The state shall establish and improve a film administration system compatible with the socialist market economy in order to develop the film undertakings.

  Article 49 The state shall guarantee the freedom in film creation, value and foster talented persons for film undertakings, attach importance to and strengthen the theoretical research in films, promote film creation and improve the quality of films.

  Article 50 The state shall set up a special foundation for the development of film undertakings and adopt other favorable measures to support the development of film undertakings.

  Article 51 The special foundation for the development of the film undertakings shall support or give aid to the following projects:

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