Some Regulations concerning Strengthening Clean Government Construction and Rectifying Harmful Sector Tendencies

Posted on Updated on

GFJZ No. [1990]824

In order to implement the spirit of the nationwide telephone conference convened by the State Council, realistically rectify and correct harmful tendencies in the work units subordinate to the Ministry of Radio, Film and Television, according to the policies and regulations of the Central Committee and the State Council, and our Ministry’s relevant regulatory systems, targeting some prominent problems existing at present, the following Opinions are formulated, all work units must strictly obey and implement them.

I, Radio and television are the mouthpieces of Party and government. News and propaganda work units and news workers must persist in the Party’s Four Cardinal Principles, conduct news and propaganda strictly according to the Party line, principles and policies, and State laws and regulations, have social interest as their only criterion, serve the construction of a Socialist spiritual civilization and the Four Modernizations. News reports must persist in the principle of the Party nature, guarantee objectivity, truth and correctness, it is not permitted to engage in any form of paid-for news, and it is prohibited to charge fees for news; it is not permitted to use newsgathering, filming, broadcast and other work conditions, to demand or accept money from the other side; it is not permitted to accept any gifts in an attempt to influence news reporting and programme content; it is not permitted to solicit advertising in any way under the name of news or engage in “advertising” in the form of news; it is not permitted to start from the interests of small groups or individuals to decide on acceptance or rejection of news.

II, Radio stations, television stations, film, newspaper, periodical and publishing work units must, on the basis of the “Advertising Management Regulations” promulgated by the State Council, appoint special organs and personnel to run advertising operations, non-commercial advertising operation departments and personnel, may not engage in or act as agents for advertising operations without permission. When introducing advertising clients or threads for advertising, no percentages may be deducted or sales commissions drawn, it is permitted to render separate appropriate rewards to personnel making outstanding contributions in introducing advertising. In news columns or other programmes, it is permitted to carry or insert advertising under the form of news reporting. During the running of programmes, it is not permitted to interrupt the programme to broadcast advertising. it is not permitted to lengthen advertising broadcast time as one pleases or expand advertising space. News journalists and editing personnel may not solicit for advertising or engage in other activities for commercial gain under the guise of newsgathering.

III, All work units must, on the basis of the “Provisional Ministry of Radio, Film and Television Regulations on Strengthening Management over Organising Support Activities”, promulgated on 6 January 1990, strengthen leadership and management over support activities. Work units that are not permitted to organize support or support advertising activities, may not organize covert support activities for any reason. Work units organizing support or support advertising must persist in the principle of voluntary acting towards enterprises and individuals providing support, and may not force, allot or demand money in any form.

Organization of support activities must be organized and planned in advance, and reported for approval according to regulations. Support funding revenues and expenditures must be entered into ledgers and brought into the financial management of that work unit, it is not permitted to establish bank accounts without authorization, lend accounts from outside work units, or privately collect public funds under any excuse. Support funds must be guaranteed to be mainly used to develop the undertaking, it is not permitted to spend them arbitrarily, squander or waste them; it is not permitted to withhold or divert them; it is not permitted to deduct percentages or take commissions. Support funds and goods may not be divided privately or be distributed as prizes or awards.

IV, On the basis of relevant Central Committee and State Council regulations, the propaganda, publishing, scientific research, education and other undertaking work units of radio, film and television departments, under the presupposition of completing their own work, may engage in technology transfer, consulting service, personnel training and other income-earning activities geared towards society, but may not engage in business activities that have no relationship with the work of those work units. All levels’ administrative management departments may not use registration, examination, licensing, inspection or other duties as ways to earn income or collect fees, apportion expenses or impose fines arbitrarily. Where it is truly necessary for work to collect a certain amount of expenses, it must be approved by higher-level leading or controlling departments. Publishing work units are not permitted to seek illegal gain through “selling book numbers”, covertly “selling book numbers” or other means. All levels’ leading cadres engaging in film inspection, manuscript inspection, programme supervision, comparative assessment and other activities within the scope of their work, may not engage in collecting additional remuneration.

All income collected by all work units, shall be completely brought into the financial management of those work units, and mainly be used as funding for the development of the undertaking. Collective benefits and award funds’ retained proportions are to be dealt with according to the “Ministry of Radio and Television Undertaking Work Unit Budget Responsibilities, Expense Reduction and Income Preservation Proportion Trial Rules” of 25 September 1985. Financial revenues and expenditures related to earned income must be accounted for independently, taxes must be paid as required, and economic responsibility borne; income allocation must be implemented according to relevant regulations of the Ministry of Finance. Where any equipment, transport tools, premises etc. of any work units is used for paid services, the income must be put into public funds, it is not permitted to use work units’ materials, equipment, transport tools, premises and other conditions to seek private gain for small groups or individuals.

V, Work units related to film or television producing television dramas, must have a television drama production permit issued by the Ministry. The permit may not be sold, rented our lent out, transferred or covertly transferred. Film studios having been approved by the State Council to shoot feature films, may not “sell studio logos” or covertly “sell studio logos”.

The film production remuneration of film studios and all sorts of royalty standards is to be implemented according to the “Provisional Feature Film Production Remuneration Regulations” and the “Provisional Education Film Production Remuneration Regulations” promulgated by the Ministry of Radio, Film and Television and the Ministry of Finance on 8 October 1987, as well as the provisional regulations concerning revising all sorts of remunerations for feature films and education films promulgated by the Ministry on 20 September 1990. Television drama production groups spending standards shall be implemented according to the “Provisional Television Drama Production Cost Spending Standard Regulations” promulgated on 1 November 1987 by the Ministry of Radio, Film and Television and the Ministry of Finance; if there are special circumstances and expenses need to be increased, the higher-level leading department must approve this. Production groups must strictly implement all financial rules, and are not permitted to set up their own standards, issue subsidies, issue materials or make payments arbitrarily, squander or waste things. The financial personnel of production groups shall be dispatched by that work unit, to strengthen financial supervision, it is not permitted to employ temporary personnel or borrow personnel from other work units to manage financial affairs. Production groups going abroad for shooting may not request the host organization to receive guests in excess of quota or demand assets for any reason.

All work units’ administrative leading and supervision, audit and financial departments must strengthen supervision and inspection of the implementation situation of the above Regulations. Work units or individuals violating the Regulations may be punished according to the “Provisional State Council Administrative Organ Work Personnel Corruption and Bribery Administrative Punishment Regulations”, the “State Council Provisional Regulations concerning Punishment for Violation of Financial Regulations” and relevant laws and regulations.

Ministry of Radio, Film and Television

广播电影电视部关于加强廉政建设、纠正行业不正之风的若干规定
广发监字[1990]824号
为了贯彻国务院召开的全国电话会议精神,切实整顿和纠正广播电影电视部所属各单位行业不正之风,现依据中央、国务院政策法规及我部的有关规章制度,针对当前存在的几个突出问题,制定以下若干规定,各单位必须严格遵照执行。

一、广播电视是党和政府的喉舌。新闻宣传单位和新闻工作人员必须坚持党的四项基本原则,严格按照党的路线、方针、政策和国家的法律、法规进行新闻宣传,以社会效益为唯一准则,为社会主义精神文明建设和四化建设服务。新闻报道必须坚持党性原则,保证客观、真实、准确,不准搞任何形式的有偿新闻,严禁新闻收费;不准利用采访、拍片、播出等工作条件,向对方索取或接收钱物;不准接受任何企图影响新闻报道和节目内容的馈赠;不准以新闻名义招揽各种形式的广告或以新闻形式搞“广告”;不准从小团体和个人利益出发决定新闻取舍。

二、广播电台、电视台、电影、报刊、出版单位,必须根据国务院发布的《 广告管理条例 》,确定专门机构和人员经营广告业务,非经营广告业务的部门和个人,未经批准不得经营或代理广告业务。介绍广告客户或广告线索,不得提成或提取回扣,对介绍广告有突出贡献的人员,可以另行给予适当奖励。在新闻栏目或其他节目中,不得以新闻报道的形式刊播或插播广告。节目进行中,不得中断节目播出广告。不得随意延长广告播放时间或扩大广告版面。新闻记者和编辑人员,不得借采访名义招揽广告或从事其他经营牟利活动。

三、各单位必须根据一九九○年一月六日颁发的《广播电影电视部对举办赞助活动加强管理的暂行规定》,加强对赞助活动的领导和管理。不允许举办赞助或赞助广告活动的单位,不得以任何理由举办变相赞助活动。举办赞助或赞助广告的单位,对提供赞助的企业和个人,必须坚持自愿的原则,不得以任何借口、任何形式强行摊派和索取钱物。

举办赞助活动,必须事先编制计划,按规定报批。赞助经费的收支必须入帐,纳入本单位财务管理,不准以任何借口私设帐户、向外单位租借帐号、公款私存。赞助款要保证主要用于发展事业上,不准任意开支,挥霍浪费;不准截留或挪用;不准提成或拿回扣。赞助资金和实物,不准私分或作奖金、奖品分配。

四、根据中央、国务院有关规定,广播、电影、电视部门的宣传、出版、科研、教育等事业单位,在完成本职工作的前提下,可以面向社会,从事技术转让、咨询服务和人员培训等创收活动,但不得从事与本单位业务无关的经营活动。各级行政管理部门不得利用登记、审核、发证、审查等职权,作为创收的手段,乱收费、乱摊派、乱罚款。确因业务需要必须收取一定费用的,应经上级领导或主管部门批准。出版单位不准以“出卖书号”或变相“出卖书号”等手段,从中牟取非法利益。各级领导干部从事本职工作范围内的审片、审稿、监制节目、评比等活动,不得收取额外的报酬。

各单位创收的所有收入,应当全部纳入本单位财务管理,主要作为事业发展的资金。集体福利和奖励基金的留成比例,按照一九八五年九月二十五日《广播电视部事业单位预算包干、节支和收入留成比例试行办法》执行。对创收的财务收支,必须独立核算,照章纳税,承担经济责任;收入分配必须按照财政部的有关规定执行。各单位所有设备、运输工具、场所等实行有偿服务,收入必须归公,不准利用单位的资料、设备、运输工具、场所等条件,为小团体和个人谋取私利。

五、电影、电视有关单位制作电视剧,必须持有部颁发的电视剧制作许可证。许可证不得出卖、租借、转让或变相转让。经国务院批准拍摄故事片的电影制片厂,不得“出卖厂标”或变相“出卖厂标”。

电影制片厂的摄制酬金及各类稿酬标准,应严格按照一九八七年十月八日广播电影电视部、财政部发布的《故事影片摄制酬金暂行规定》和《科教影片摄制酬金暂行规定》以及一九九○年九月二十日部颁发的关于修订故事影片、科教影片各类稿酬的暂行规定执行。电视剧摄制组的开支标准,应按照一九八七年十一月一日广播电影电视部、财政部发布的《电视剧制作费用开支标准的暂行规定》执行;如有特殊情况,需要增加开支的,必须经上级领导部门批准。摄制组必须严格执行各项财务制度,不准自立标准,乱发补助,乱发实物,乱开支,挥霍浪费。摄制组的财会人员应由本单位派出,加强财务监督,不得雇用临时人员或借用外单位人员管理财务。摄制组外出拍片,不得以任何理由要求接待单位超标准招待或索取财物。

对上述规定的执行情况,各单位行政领导和监察、审计、财务部门要加强监督检查。对违反规定的单位和个人,可根据《国家行政机关工作人员贪污贿赂行政处分暂行规定》、《国务院关于违反财政法规处罚的暂行规定》以及有关法律、法规进行处理。

广播电影电视部

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s