Regulations Concerning Implementing Film Distribution and Screening Permits and Annual Examination Systems
25 January 1995
Ministry of Radio, Film and Televisions
Article 1: In order to strengthen film market management, guarantee lawful operation, promote the healthy development of film undertakings, stimulate the construction of a socialist spiritual civilization, according to the Central Committee Secretariat and State Council Secretariat (Notice Concerning Strengthening and Improving the Books, Periodicals, Film and Audiovisual Market Management (CCS No. 19), these Regulations are formulated.
Article 2: The State implements a permit and annual examination registration system for film distribution and screening (including film screening in new methods such as ball screens, round screens, movement, etc., similar hereafter) work units. All work units engaging in film distribution and screening works must conduct permit and annual examination registrations according to these Regulations.
Article 3: The Ministry of Radio, Film and Television is the administrative controlling authority for film distribution and screening permit issue and annual examination nationwide, and is concretely responsible for issuing film distribution permits to and annual examination of its directly subordinate work units and interprovincial distribution work units; all provincial, autonomous region, municipal and plan-listed city government film management entities according to State regulations, are responsible for issuing permits and conducting annual examination over film distribution work units in their jurisdiction; all levels’ government film management entities according to State regulations are responsible for issuing screening permits and conducting annual examination of film screening work units in their jurisdiction.
Article 4: All film distribution and screening work units shall within three months of the promulgation of these Regulations, apply for film distribution and screening permits. All provincial, autonomous region, municipal and plan-listed city government film management entities shall issue a distribution permit identical to the business scope of the business licence to film distribution work units established before 1993 that have an industry and commerce business licence; all levels’ administrative film management shall issue a film screening permit identical to the business scope of the business licence to film screening work units established before 1993 that have an industry and commerce business licence; for applications for a film distribution permit of a regional nature across prefectures and cities, or county administrative areas, or of a provincial nature, the provincial-level government administrative film management entity decides on the issue of a permit on the basis of State regulations and the commercial reputation and business capacity of the applying work unit; for distribution organs established or applied for establishment after 1993 by recomposition between sector internal distribution and screening enterprises, provincial-level government administrative film management entity decides on the issue of a permit on the basis of State regulations and the commercial reputation and business capacity of the applying work unit; for screening work units established or applied for establishment after 1993, all levels’ government administrative film management organ decides on the issue of a permit on the basis of State regulations and the requirements of relevant technological standards; establishment of army (including armed police) system film distribution and screening organs, and distribution organs outside of the film sector shall still be handled according to the relevant spirit of Ministry of Radio, Film and Television documents No. 3 and No. 320.
Article 5: Film studios (companies) films not produced by themselves shall be issued with a distribution permit by the Ministry of Radio, Film and Television Film Bureau.
Article 6: A system of one examination per year is implemented for film distribution and screening permits.
Article 7: For film distribution and screening work units applying for annual permit examination, all levels’ government administrative film management organs according to these Regulations, approve annual examination registrations of those conforming to the following conditions.
(1) Implementing general and specific Party and State policies related to film work, abiding by laws and regulations;
(2) according to regulations, timely and accurately reporting all statistical data relevant to film distribution and screening to the government management entity;
(3) according to relevant regulations, turning over State film development special funds;
(4) distributed and screened films must be films to which the Ministry of Radio, Film and Television Film Bureau issued a screening permit;
(5) work units distributing and screening films must have distribution and screening rights for the films they distribute and screen;
(6) every year, distribution and screening of focus films may not be less than the statutory quantity determined by the State management entity (except for specialist new film screening method work units such as ball screen, round screen, movement, etc.).
Article 8: The Ministry of Radio, Film and Televisi;on conducts confirmation and issue of State focus films every year.
Article 9: The annual film distribution and screening permit examination time is every December.
Article 10: All those applying for a film distribution and screening permit annual examination, must submit relevant written materials according to the provisions of Article 7 of these Regulations. Film distribution and screening permit annual examination management organs shall within 15 days of receiving an annual examination application, conduct examination and verification of the applicant, and make a decision of approval or non-approval, and notify the applicant in writing.
Article 11: Applicants for annual examination, if they do not agree with their government film annual examination management organ annual examination result, may apply for reconsideration with the higher-level government film management entity.
Article 12: To those violating these Regulations, the relevant administrative film management organ may jointly with the local administrative industry and commerce, and public security entities according to the following items, impose punishment, imposed fines are to be dealt with according to relevant State regulations.
(1) To those violating Article 2, a fine of 10.000 to 100.000 Yuan shall be imposed and their film distribution and screening work shall be stopped;
(2) to those violating Article 5, a fine of 10.000 to 100.000 Yuan shall be imposed;
(3) of those violating items (1) and (4) of Article 7, the film distribution and screening permit shall be cancelled and their legal representatives and directly responsible persons shall be subject to administrative punishment;
(4) to those violating items (2), (3) and (5) of Article 7, a fine of 10.000 to 100.000 Yuan shall be imposed and they shall be ordered to rectify and reform within a specified time; to those after rectification and reform violating again, a fine of 100.000 to 500.000 Yuan shall be imposed and their film distribution and screening licence will be revoked.
Article 13: Work units of which the distribution and screening permit has been revoked may not re-apply within one year.
Article 14: Where parties do not agree with an administrative film management organ administrative punishment decision they may, according to relevant State regulations, raise administrative reconsideration or administrative litigation. Where parties do not apply for reconsideration within the statutory time limit and also do not raise litigation with the People’s Courts, and also do not implement the punishment decision, the organ that made the punishment decision shall apply to the People’s Courts for coercive implementation.
Article 15: Interpretation of these Regulations is the responsibility of the Ministry of Radio, Film and Television Film Bureau.
Article 16: These Regulations take effect on 1 February 1995.
第四条 各电影发行放映单位应在本规定发布之日起三个月内申办电影发行、放映许可证。各省、自治区、直辖市、计划单列市政府电影管理部门对1993年以前成立的有工商营业执照的电影发行单位，应发给其与营业执照的经营范围一致的发行许可证；各级政府电影管理部门对1993年以前成立的有工商营业执照的电影放映单位，应发给其与营业执照的经营范围一致的放映许可证；申办跨地（州）、市、县（区）行政区划的区域性或全省性的电影发行许可证，由省级政府电影管理部门根据国家规定和申办单位的商业信誉及经营能力决定许可证的发放，对1993年以后行业内部发行放映企业之间重新组合成立的或申办成立的发行机构，由省级政府电影管理部门根据国家规定及申办单位的商业信誉和经营能力决定其许可证的发放; 对于1993年以后成立的或申办成立的放映单位, 由各级政府电影管理部门根据国家规定及有关的技术标准和要求决定其许可证的发放；部队（含武警）系统的影片发行放映及电影行业以外的发行机构的成立仍按广播电影电视部〔1993〕3号和〔1993〕320号文件的有关精神办理。