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	PROVISIONS ON THE ADMINISTRATION OF CHINESE-FOREIGN COOPERATIVE PRODUCTION OF FILMS (2003)

	(Order of the State Administration of Radio, Film and Television (No.19), October 8, 2003: The Provisions on the Administration of Chinese-Foreign Cooperative Film Production, which were adopted at the executive meeting of this Administration on September 28, 2003, are hereby promulgated and shall take effect as of December 1, 2003)


SUBJECT : FILMS; CHINESE-FOREIGN COOPERATIVE PRODUCTION
ISSUING DEPARTMENT : STATE ADMINISTRATION OF RADIO, FILM AND TELEVISION
ISSUE DATE : 10/08/2003
IMPLEMENT DATE : 12/01/2003
LENGTH : 1,130 words
TEXT :

Article 1. In order to prosper the production of films, to safeguard the legitimate rights and interests of the producers and other relevant personnel of the films cooperatively produced by Chinese and foreign parties, and to promote international cultural exchange, the present Provisions are formulated in accordance with the Regulation on the Administration of Films.

Article 2. The phrase "Chinese-foreign cooperative film production" used herein refers to that the domestic film producers which have obtained the License for Film Production (hereinafter referred to Chinese parties) jointly produce films with, assist in the film production by, or produce films upon entrustment of the overseas film producers (hereinafter referred to foreign parties) within or outside of China.

Article 3. The present Provisions shall apply to the films (including television films and digital films) of story, cartoon, scientific education, newsreel, special topic, etc., cooperatively produced by Chinese and foreign parties within or outside of China.

Article 4. The State Administration of Radio, Film and Television (hereinafter referred to SARFT) shall be the administrative department in charge of the administration of Chinese-foreign cooperative film production.

Article 5. Chinese-foreign cooperative film production includes the following ways:

(1) Joint production is a way by which Chinese and foreign parties make joint investment (including capital, service or materials), produce the film jointly, and share the benefits and bear the risks jointly;

(2) Assisting in film production is a way by which a foreign party makes investment to produce films within China, and the Chinese party provides paid assistance such as equipment, apparatus, sites, and services, etc., for the production;

(3) Entrusted production is a way by which the foreign party entrusts the Chinese party to produce films within China on its behalf.

Article 6. The following principles shall be adhered to in Chinese-foreign cooperative film production:

(1) Compliance with the Constitution, laws, regulations and other relevant provisions of China;

(2) Respect for the customs, religions, beliefs and habits of the ethnic groups of China;

(3) Being conducive to the splendid traditional culture of the Chinese people;

(4) Being conducive to the economic and cultural undertakings and social stability of China;

(5) Being conducive to the cultural exchange between China and foreign countries; and

(6) No detriment to the interest of any third countries.

Article 7. The state applies the licensing system to Chinese-foreign cooperative film production.

No domestic or overseas organization or individual may, without a License for Chinese-Foreign Cooperative film Production or any approval document, produce any films within China cooperatively or independently.

Article 8. SARFT designates China Film Co-Production Corporation as the special agency undertaking the administration, coordination and service for Chinese-foreign cooperative film production, and assuming the relevant work, such as application for project establishment of Chinese-foreign cooperative film production, and presenting preliminary examination opinions of the films, etc.

Article 9. Procedures for the application for project establishment of Chinese-foreign cooperative film production:

(1) The Chinese and foreign parties shall submit the film script written in Chinese (standard Chinese characters) and the relevant documents of the film to be produced to China Film Co-Production Corporation;

(2) China Film Co-Production Corporation shall, within 10 days from receiving the film script and other relevant materials, present the preliminary examination opinions, and submit to SARFT those opinions, the application of the Chinese and foreign parties for project establishment, a letter of intent of cooperation, and the information about the creditworthiness of the foreign party and the major working staff;

(3) SARFT shall make the decision on project establishment within 10 days from receiving the preliminary examination opinions, the application for project establishment and other relevant materials;

(4) Where the conditions for joint production are satisfied, SARFT shall grant a one-off License of Chinese-Foreign Cooperative Film Production; where the conditions for assisting in production or entrusted production are satisfied, SARFT shall issue the approval document; and

(5) After obtaining the license or approval document, the Chinese and foreign parties shall sign the cooperation contract according to the contents of the project approved to be established.

Article 10. The License of Chinese-Foreign Cooperative film Production shall be valid for a term of two years.

Article 11. Where it is needed to employ any overseas work staff in joint production, the employment shall be subject to the approval of SARFT.

Article 12. For each film jointly produced, a mandarin version shall be made and standard Chinese characters must be used in the subtitle. According to the needs of film distribution, it is allowed to make versions in the languages of the corresponding countries, regions, and minority ethnic groups on the basis of the mandarin version.

Article 13. A film produced cooperatively by Chinese and foreign parties shall be submitted to the examination body of SARFT for examination after the provincial administration of radio, film and television and China Film Co-Production Corporation present their preliminary opinions.

Article 14. Distribution and public screening within China or overseas of a jointly produced film is allowed only after the film has passed the examination and obtained the License for Public Screening from SARTF.

With respect to a film produced with assistance or upon entrustment, if it has passed the examination, the exit formalities may be gone through on the strength of the approval document of SARFT.

Article 15. If the Chinese and foreign parties need to make any alteration to a film for which the License for Public Screening has already been obtained, they shall report to SARFT for examination and approval.

Article 16. The developing of the negative and sample of a film produced cooperatively by Chinese and foreign parties and the post production shall be completed within China. If it is needed to complete such process overseas, the parties shall report to SABFT for approval.

The negative and sample cut off in film editing shall be kept by the Chinese party, and may not be taken out of China until half a year after the public screening of that film overseas.

Article 17. The foreign party shall employ the movie production and service personnel within China through its Chinese partner or China Film Co-Production Corporation, and shall sign contracts with the applicants for the job pursuant to the laws and regulations of China.

Article 18. Any act in violation of the present Provisions shall be punished pursuant to the relevant provisions of the Regulation on the Administration of Films.

Article 19. The present Provisions shall apply to the films cooperatively produced within China with the film producers from Hong Kong Special Administrative Region, Macao Special Administrative Region, and Taiwan area.

Article 20. The present Provisions shall take effect as of December 1, 2003.

The Provisions on the Administration of Chinese-foreign Cooperative film Production promulgated by the former Ministry of Radio, Film and Television on July 5, 1994 shall be repealed at the same time.