Implementation Regulations Concerning Implementing a Radio and Television Programme Production and Distribution Sector Access System (Trial)
17 December 2001
SSO No. 1476
According to the “Central Propaganda Department, State Administration of Radio, Film and Television and General Administration of Press and Publication Some Opinions Concerning Deepening Press and Publications and Radio, Film and Television Sector Reform”(NDC No. (2000)17)” and regulations such as the SARFT “Provisional Television Production Business Organ Management Regulations” (Original MRFT Decree No. 16), the “Television Drama Management Regulations” (SARFT Decree No. 2), etc., concerning strengthening radio and television programme production and distribution sector access, the following implementation regulations are formulated.
I, Organs engaging in radio and television programme production work, must obtain a “Radio and Television Programme Production Business Permit” (hereafter simply named Production Business Permit). SARFT implements a general inspection and control system and localized management over the Production Business Permit. Central and State organs and national first-level community-subordinate organs applying for a Production Business Permit, will be examined, approved and issued by SARFT. Local organs applying for a Production Business Permit, will be examined and approved by the provincial-level administrative radio, film and television entity of their locality, and report to SARFT for filing. The Production Business Permit is uniformly printed by SARFT. Organs obtaining a Production Business Permit may only engage in work within the scope accredited by the permit-issuing entity, producing television dramas must be approved separately according to regulations.
II, Applications for a Production Business Permit shall conform to the following conditions: (1) having a professional controlling organ conducting content examination and gate keeping over programmes that are produced or distributed, the professional controlling organ shall be a prefecture or city-level or higher propaganda, news, culture or radio and television entity or a first-level community organization in sectors such as news, culture, radio and television , etc., registered with the Ministry of Civil Affairs; (2) having funding and technological equipment suited for developing radio and television programme production business work, with a registered capital that may not be lower than 3.000.000 Yuan; (3) having organizational structures and expert personnel suited to their work, the main members shall have corresponding professional experience of two years or more of radio and television, news and propaganda or culture work, legal representatives shall have obtained a provincial-level or higher administrative radio, film and television entity-issued “Radio and Television Programme Producer Certificate”; (4) having fixed premises, etc., for developing radio and television programme production business work.
Organs not having obtained a Production Business Permit or individuals may not engage in any radio and television programme production work. Foreign organs and individuals may not establish radio and television programme production business organs within the borders by themselves or in cooperation with domestic organs and individuals. Under special circumstances, special approval can be made separately.
III, Radio and television programme production business organs must participate in relevant annual examination according to regulations, those having produced or distributed radio and television programmes in violation of regulations or discipline, shall be issued a warning, provisionally have their corresponding qualification stopped, up until having their permits revoked by the provincial-level or higher administrative radio, film and television entity in view of the situation. Organs of which the Production Business Permit has been revoked, may not apply for establishing a radio and television programme organ or develop programme production work for three years, their legal representatives may not continue to engage in work related to radio and television programme production for three years.
IV, Establishment of television drama production work units and production of television dramas must be approved by SARFT, and an A-Level or B-level “Television Drama Production Permit” must be obtained. City-level (included) or higher radio, film and television groups, television stations or television drama production centres and film studios (companies) annually producing and completing 4 or more single dramas or 2 or more middle or long television drama series, as well as audiovisual publishers, special propaganda culture work units having obtained a Production Business Permit, may apply for an A-level permit qualification. Work units holding an A-level “Television Drama Production Permit”, after obtaining approval for their television drama theme plan, foreign acting personnel, etc., may conduct television drama production. A B-level “Television Drama Production Permit” is only used for producing the television drama corresponding to that permit, work unit having B-level permit qualifications are approved by the SARFT, their produced television drama theme planning, foreign acting personnel, etc., passes through SARFT approval, after obtaining a B-level permit, may the television drama be produced.
Work units applying for a “Television Drama Production Permit” shall conform to the following conditions: (1) having organizational structures and special personnel suited for their work, the legal representative shall have obtained a provincial-level or higher administrative radio, film and television entity-issued “Radio and Television Programme Producer Certificate”; (2) having funding and special equipment suited for their work; (3) conforming to the State-formulated television drama production and development plan.
V, SARFT conducts general amount control and dynamic management over the “Television Drama Production Permit”. Work units already having obtained an A-level Permit, where their production achievements cannot reach the statutory requirements, shall be issued a warning, those whose work achievements do not reach statutory requirements for two years continuously, shall be lowered to a B-level permit work units, those still not having work achievements within two years, have their television drama production qualifications cancelled. B-level work units of which the work achievements reach A-level work unit statutory standards for two years continuously, may be promoted to A-level permit work units, other radio and television programme production business organs that jointly produced television dramas with outstanding work achievements with other work units holding a “Television Drama Production Permit, after preliminary verification by the provincial-level administrative radio, film and television entity, may report to SARFT for approval, and may obtain B-level permit application qualifications.
Television dramas of which production is completed, shall be submitted to the provincial-level or higher administrative radio, film and television entity for examination according to regulations, and apply for a “Television Drama Distribution Permit”.
VI, Engaging in business and trade activities of radio and television programmes such as copyright trade, transfer, exchange and agency, must be done by an organ that has obtained a “Radio and Television Programme Production Business Permit”. When distributing programmes, lawful copyright certification and their Production Business Permit (copy) must be provided to the authorizing side, when distributing television dramas (including importing films) or importing cartoons, certification such as the “Television Drama Distribution Permit”, “Cartoon Distribution Permit”, etc., must be provided at the same time. For television programme distribution activities, the SARFT-provided standard contract shall be used.
Organizing international or national-scale and interprovincial programme trade activities, must be reported to SARFT for approval according to statutory procedures. When conditions are ripe, all radio and television programme distribution activities shall be conducted in a programme trading centre established with SARFT authorization and a on related programme trading special network established by this centre.
VI, It is prohibited for work units not having obtained a Production Business Permit to distribute all kinds of radio and television programmes; it is prohibited to distribute programmes that shall obtain according to regulations but have not obtained the corresponding distribution permit; it is prohibited to distribute programmes of which copyright has not been obtained lawfully. Broadcasting organs may not purchase or broadcast radio and television programmes having one of the abovementioned situations.
Organs conducting programme market retail activities violating relevant State laws, regulations and normative documents, shall be issued a warning, reported for criticism, have their corresponding qualification stopped, up until having their permits revoked by the provincial-level or higher administrative radio, film and television entity in view of the situation. Organs of which the Production Business Permit has been revoked, may not apply for establishing a radio and television programme organ or develop programme production work or develop programme retail work for three years, their legal representatives may not continue to engage in work related to radio and television programme production business for five years.
VIII, With SARFT approval, radio and television programme production work units may cooperate with foreign organs to produce special-subject and special column programmes television dramas, etc., and may also invite foreign personnel to participate in relevant radio and television programme production activities, and are permitted to attract foreign technology and funds to develop concrete production programme cooperation.
IX, All work units having obtained a “Radio and Television Programme Production Business Permit”, with approval of the controlling authority of the audiovisual market, may engage in audiovisual product production business activities.
X, According to the principle of “who approves is responsible”, provincial-level administrative radio, film and television entities shall within the first season of every year, conduct re-examination and verification of radio and television programme production business organs that have been approved but do not have a higher-level controlling authority or professional controlling work unit, all those conform to requirements shall be brought into the radio and television sector management scope of that province (autonomous region, municipality), those not conform to requirements shall have their “Radio and Television Programme Production Business Permit” revoked.