Ministry of Radio, Film and Television Decree
1 September 1995
Article 1: In order to strengthen television production business organ management, stimulate the flourishing and development of television programme creation, raise television programme creation, according to relevant State regulation, these Regulations are formulated.
Article 2: Television production business organs as named in these regulation, refers to work units engaging in activities such as television drama, television art and television special-theme programme and cartoon feature programme production, reproduction, distribution, etc.
Article 3: The Ministry of Radio, Film and Television is responsible for television production business organ planning and management work nationwide.
Provincial-level administrative radio and television entities are responsible for television production business organ planning and management work within their administrative areas.
Article 4: Work units simultaneously meeting the following conditions, may apply for establishment of a television production business organ:
(1) having a higher-level controlling work unit responsible for annual production planning of that organ and conducting content examination;
(2) having five or more fixed creative personnel having middle-level radio and television special job descriptions or corresponding professional experience;
(3) having fixes office premises or the necessary machine rooms and equipment for producing and reproducing television programmes;
(4) having a registered capital of no less than 500.000 Yuan;
(5) conforming to other relevant provisions of State laws and regulations.
Article 5: Individuals and private-run enterprises in principle do not establish television production business organs. Foreign organizations and individuals may not independently or with domestic organizations and individuals cooperatively establish or operate a television production business organ inside the borders of our country.
Article 6: Central work units or their subordinate work units establishing television production business organs, report to the Ministry of Radio, Film and Television for approval;
Other television production business organ establishment shall be reported to the provincial-level administrative radio and television entities for approval, and be reported to the Ministry of Radio, Film and Television for filing.
Article 7: Applications for establishing television production business organs or organs also engaging in television programme business, shall be put forward to the provincial-level or higher administrative radio and television entity according to the provisions of Article 4 of these Regulations. After undergoing examination, verification and approval, these must be registered with the administrative industry and commerce management entities on the basis of the “Television Programme Production Business Permit” issued by the approving organ.
The “Television Programme Production Business Permit” is printed uniformly by the Ministry of Radio, Film and Television.
Article 8: Annual production planning of television production business organs, after examination and approval by their higher-level controlling work unit, are to be reported to the same level’s administrative radio and television entity for filing. Television production business organ production programme sample tapes, after their higher-level controlling work unit conducts examination, are to be reported to the higher-level administrative radio and television entity for filing.
Article 9: Television production business organ’s conducting nationwide programme distribution in forms such as distribution order fairs, trade fairs, etc., after preliminary examination by the provincial-level administrative radio and television entity of the television production business organ’s locality, report to the Ministry of Radio, Film and Television for examination and approval.
For conducting programme distribution in the forms listed in the previous paragraph in the own administrative area, examination and approval by the local provincial-level administrative radio and television entity must be undergone, and it must be reported to the Ministry of Radio, Film and Television for filing.
Article 10: Organs approved and having obtained a “Television Programme Production Business Permit”, producing television dramas, may only commence shooting after elsewhere applying for and obtaining a “Television Drama Production Permit” according to regulations.
Article 11: Television stations may not broadcast television programmes produced by work units not having a “Television Programme Production Business Permit”.
Article 12: Those violating these Regulations, and having one of the following circumstances, will be subject to the administrative punishments of a warning, order to stop business for rectification, up until having their “Television Programme Production Business Permit” revoked by the provincial-level administrative radio and television entity in view of the gravity of the circumstances; where circumstances are grave and constitute a crime, criminal liability will be investigated by the judicial organs according to the law:
(1) having activities violating State laws and regulations in production business work.
(2) producing programmes with reactionary content or propagating obscenity and sex, feudal superstitions, murder and violence;
(3) violating relevant television programme management regulations;
(4) producing inferior television programmes, creating a harmful influence on society;
(5) special personnel, finances, equipment and fixed office and production premises changing, not conforming to the conditions of these Regulations;
(6) those not launching operations within six months of registration or ceasing operations within one year.
Article 13: Work units engaging in television programme production without having obtained a “Television Programme Production Business Permit”, shall be ordered to stop work by the administrative radio and television entity, the produced programmes will be sealed up, and a fine of two times the illegal income will be imposed.
Article 14: Provincial-level administrative radio and television entities implement an annual inspection system over television production business organs. Against those not meeting annual examination qualifications, the corresponding punishment must be imposed, up until the “Television Programme Production Business Permit” being cancelled by the examination and approval organ.
Article 15: To television stations broadcasting television programmes produced by work units not having a “Television Programme Production Business Permit”, the administrative radio and television entity shall issue a warning, confiscate their illegal income, and impose a fine of two times the programme purchase fee.
Article 16: Work units of which the “Television Programme Production Business Permit” was revoked, shall conduct cancellation of registration formalities with the administrative industry and commerce entities within thirty days of cancellation.
Article 17: These Regulations are interpreted by the Ministry of Radio, Film and Television.
Article 18: These Regulations take effect on the day of promulgation.