Imported Film Management Rules

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(13 October 1981, examined and approved by the State Council, promulgated by the Ministry for Radio, Film and Television and the General Administration for Customs)

Article 1: In order to strengthen imported films management, according to the spirit of the “Notice Concerning Curbing of Excessive Screening of Internal Reference Films” of 14 April 1980 of the CCP Central Committee, State Council and Central Military Commission, these Rules are formulated.

Article 2: All business concerning films imported from abroad and Hong Kong for distribution or preview copies (including 35mm, 15mm, Super 8mm, video tapes and video discs, etc., hereafter together named films), will be operated and managed by the China Film Distribution and Projection Company (hereafter simply named China Film Company)

At the time of film import, the Customs will let the goods pass based on checking of the import goods declaration filled out by China Film Company. Commercial films for nationwide distribution, shall conduct tax payment formalities at the time of import; non-commercial films shall be granted tax exemption; for non-commercial films, where they undergo examination and approval for nationwide distribution after import, China Film Company will conduct due tax payment formalities with Beijing Customs.

Article 3: Archival films imported by the China Film Archive (including films mutually chosen and bought, exchanged with, presented as gift from and foreign film archives or purchased through other channels by China Film Archive), where they are non-commercial films, Customs shall let them pass without paying taxes based on checking the import goods declaration filled out by that Archive.

For imported archival films, where they undergo examination and approval, and need to be distributed nationwide, China Film Company will conduct due tax payment formalities with Beijing Customs.

Article 4: Work units such as science and technology, industry, agriculture, education, health, news foreign trade, foreign affairs, etc, needing to import special documentary or scientific education films because of work needs, where they are imported by work units the State Council System, will be examined and approve by all ministries and commissions (general administrations) of the State Council, where they are imported by local work units, they will be examined and approved by the provincial, autonomous region or municipal People’s Government.

At the time of film import, Customs will let the goods pass without paying taxes based on examination of relevant ministries and commissions (general administrations) or provincial, administrative region or municipal People’s Government approval documents and an import goods declaration filled out in triplicate by the applying work unit, and shall transmit one copy of the goods declaration carrying the Customs stamp to the Ministry of Culture film enterprise management bureau for filing.

Article 5: Where foreign, Hong Kong Region and Taiwan Province organizations and individuals donate feature films for work units such as organs, organizations, schools, etc, where they are received by work units of the State Council system, must be examined and approved by the Ministry of Culture film enterprise management bureau, where they are received by local work units, they must be examined and approved by provincial, autonomous region or municipal Culture Bureau (Film Bureau), and send a duplicate to the Ministry of Culture film enterprise management bureau for filing.

When the films are imported, the Customs will let the goods pass without paying taxed based on examination of an import goods declaration filled out by the receiving work unit and approval documents.

The receiving work units shall hand over received films to the China Film Archive for unified safekeeping. If there are special professional needs, the receiving work units may, based on approval documents of higher-level controlling authorities, collect them from that Archive, and supply them to relevant personnel for consultation and learning, but it is not permitted to lend them out, it is not permitted to receive guests and show the, it is not permitted to openly project them towards society. After learning, they must still be returned to the China Film Archive for safekeeping.

For imported feature films, where they have passed examination for nationwide distribution, China Film Company will conduct due tax payment formalities with Beijing Customs.

Article 6, Concerning science education films presented to individuals of our country by foreigners or overseas Chinese, Hong Kong, Macao or Taiwan Province compatriots for professional consultations by post or personally taken into the country, the Customs shall allow import, and let the goods pass without paying taxes based on examination of an import declaration filled out by the individual receiving the film and certificates of the work unit to which he belongs. Feature films presented to individuals of our country, are generally not permitted to be imported, and Customs shall send them back. Where exceptional circumstances apply, the Ministry of Culture and General Administration for Customs shall consult on handling.

Films taken along (or posted to them from abroad) by foreign embassy (consular) staff in China, permanent staff sent to our county by foreign industry and commerce enterprises (including foreign permanent journalists) and foreign experts having accepted to work in China (including culture and education, economic and scientific experts), will be handled according to current relevant Customs regulations. The film, after import, shall be strictly controlled by the relevant entity, and is limited to be shown internally; work units or individuals of our side are not permitted to borrow the for projection.

Article 7: Except for the three companies Hong Kong Great Wall, Phoenix and New United coming inland for shooting films, directly communicated by the State Council Hong Kong and Macao office with relevant regions and relevant work units, all Sino-foreign or our country with Hong Kong and Macao Regions, as well as Taiwan Province coproduction work, is to be managed by China Film Coproduction Company. For import of coproduced films, China Film Coproduction Company shall conduct import declaration formalities with the Customs, where it is approved for nationwide distribution, China Film Company will conduct due tax payment formalities with Beijing Customs.

Article 8: Films imported in violation of these Rules of imported by smuggling, shall be handled by Customs according to regulations; for confiscated films, all that have reference value may be transferred to the Ministry of Culture film enterprise management bureau for safeguarding by the China Film Archive.

Article 9: These Rules take effect on the day of promulgation.

进口影片管理办法

(1981年10曰13日 国务院批准 文化部 海关总署发布)

第一条   为了加强对进口影片的管理,根据一九八O年四月十四日中共中央、国务院、中央军委《关于制止滥放内部参考影片的通知》精神,特制订本办法。
第二条   凡属从外国及港澳地区进口发行影片或试映拷贝(包括35毫米、16毫米、超8毫米、影片录像带和影片视盘等,以下统称影片)的业务,统由中国电影发行放映公司(以下简称中影公司)经营管理。
影片进口时,由海关凭中影公司填报的进口货物报关单核查放行。属于在全国发行的商业性影片,应在进口时办理纳税手续;属于非商业性影片,应予免税;属于非商业性影片,进口后经过批准在全国发行的,由中影公司按章向北京海关办理补税手续。
第三条   中国电影资料馆进口的资料影片(包括中国电影资料馆与外国电影资料馆互相选购、交换、赠送或通过其他途径购作资料的影片),属于非商业性影片,海关凭该馆填报的进口货物报关单核查免税放行。
进口的资料影片,如经批准,需向全国发行的,由中影公司按章向北京海关办理补税手续。
第四条   科学技术、工业、农业、教育、卫生、新闻、外贸、外事等单位,因业务需要进口的专业性纪录、科教影片,属于国务院系统的单位进口的,由国务院各部委(总局)审批,属于地方单位进口的,由省、自治区、直辖市人民政府审批。
影片进口时,海关凭有关部委(总局)或省、自治区、直辖市人民政府的批准文件和申请单位填报的进口货物报关单一式三份核查免税放行,并将盖有海关印章的报关单一份转送文化部电影事业管理局备案。
第五条   外国、港澳地区及台湾省的团体或个人运进给机关、团体、学校等单位的故事片,凡属国务院系统的单位接受的,须经文化部电影事业管理局审批;属地方单位接受的,须经省、自治区、直辖市文化局(电影局)审批,并抄送文化部电影事业管理局备案。
影片进口时,海关凭接收单位填报的进口货物报关单和批准文件核查免税放行。
接收单位应当将接收的影片交中国电影资料馆统一保管。如因业务上特殊需要,接收单位可以凭上级主管部门的批准文件向该馆提取,供有关人员参考借鉴,但不准外借,不准招待映出,不准拿到社会上公开放映。借鉴后仍送回中国电影资料馆保管。
进口的故事片,如经批准在全国发行的,应由中影公司向海关办理补税手续。
第六条   对外国人和华侨、港澳及台湾省同胞等邮寄或者入境随身携带属于赠给我国个人作为业务参考的科教影片,海关应准许进口,并凭接受影片的个人填报的进口货物报关单及其所在单位的证明信件核查免税放行。属于赠给我国个人的故事影片,一般地不准进口,海关予以退运。如遇特殊情况,由文化部和海关总署研究处理。
对外国驻华使(领)馆人员、外国工商企业派来我国的常驻人员(包括外国常驻记者)和应聘来华工作的外国专家(包括文教、经济、科技专家)携带(或者从国外邮寄给他们)的影片,按海关现行有关规定办理。影片进口后应由有关部门严格控制,只限他们在内部放映;我方单位或个人不许借映。
第七条   除香港长城、凤凰、新联三公司回内地拍片,由国务院港澳办公室同有关地区和有关单位直接联系外,凡属中外或我与港澳地区及台湾省的合制业务,统由中国电影合作制片公司管理。合拍影片的进口,由中国电影合作制片公司向海关办理进口报关手续;其中批准在全国发行的,则由中影公司按章向北京海关办理补税手续。
第八条   对违反规定进口的或走私进口的影片,海关按有关规定处理;对没收的影片,凡有保留参考价值的可转送文化部电影事业管理局叫中国电影资料馆保存。
第九条   本办法自发布之日起实施。

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