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Article 1. These Provisions are formulated with a view to regulating the administration of the establishment by overseas institutions of administrative offices for radio and television in china and promoting Chinese-foreign exchange in the radio and television industries. Article 2. These Provisions shall apply to the establishment of administrative offices for radio and television in China by the institutions from foreign countries, Hong Kong Special Administrative Region, Macao Special Administrative Region or Taiwan Region (hereinafter referred to "overseas institutions"). Article 3. No overseas institution may establish an agency for radio and television or editorial department in China. Article 4. The State shall implement the license systems for the establishment by overseas institutions of administrative offices for radio and television in China (hereinafter referred to "administrative offices in China"). Without license by the State Administration of Radio, Film and Television (hereinafter referred to the "SARFT"), no administrative office in China may be established without authorization. Article 5. An overseas institution that files an application for the establishment of its administrative office in China shall fulfill the following conditions: (1) The overseas institution shall be an institution legally existing in the country (region) where it is located; (2) The overseas institution shall be friendly to China and have a fine goodwill; and (3) The business scope of its administrative office shall comply with the provisions of Chinese laws, administrative regulations and rules and serve the purpose of the establishment for which the application is filed. Article 6. To apply for the establishment of an administrative office in China, an overseas institution shall submit to the SARFT the following written materials: (1) The application executed by the legal representative of the overseas institution, which shall contain an overview of the institution, the purpose of establishing the administrative office in China, the name, accredited persons (the chief representative and representatives), business scope, office period and address of the administrative office in China; (2) The institution's certificate proving its legal existence in the country where it is located; (3) The creditworthiness certificate issued by a bank; and (4) The letter of authorization executed by the legal representative of the applying institution to appoint the chief representative and representatives of the administrative office in China, the resumes of the chief representative and representatives and the copies of their identity certificates. Article 7. The chief representative or any of the representatives of an administrative office in China shall fulfill one of the following conditions: (1) He/she shall be a foreign citizen holding a legal general passport excluding such a foreign student in China; (2) He/she shall be a Chinese Mainland citizen who has obtained a qualification of long residence in a foreign country; or (3) He/she shall be a person from Hong Kong, Macao and Taiwan holding an effective identity certificate. If another Chinese citizen rather than the one specified in Item (2) of Paragraph 1 is engaged as the chief representative or one of representatives, one service unit for foreigners or another unit designated by Chinese government shall be entrusted to follow the declaration procedures under the relevant laws and regulations of China. Article 8. The name of an administrative office in China shall be determined in a way of the name of the country (region) where the applying institution is located + the name of the applying institution + the name of the city where the administrative office is to be located + office. Article 9. If the SARFT needs to seek opinions from the relevant department in examining a filed application, it shall seek such opinions and thereafter make a decision on whether to grant an approval within the time limit specified in the administrative license law. If an approval is not granted, the reasons shall be explained. If an approval is granted, the chief representative of the administrative office in China shall obtain an approval document from the SARFT and may not start business until he has completed the relevant procedures for registration etc. with departments such as the administration for industry and commerce and the public security bureau upon the strength of the approval documents. Article 10. The effective period of the approval documents for administrative offices in China shall be three years. If the period expires and thereafter needs to be extended, an application shall be filed with the SARFT before the tenth day immediately prior to the date when the effective period expires. Article 11. To apply for extending the period of an administrative office in China, the overseas institution shall submit the following materials: (1) The application therefor executed by the legal representative of the overseas institution; (2) The business conditions for the previous period of the administrative office in China; (3) The creditworthiness certificate issued by the a bank; (4) The overseas institution's certificate proving its legal existence in the country (region) where it is located; and (5) The approval document for the administrative office in China and other approval documents issued by administrative departments such as the administration for industry and commerce and the public security bureau specified in Article 9. Article 12. If an overseas institution claims to change the name of its demonstrative office in China, to replace the chief representative or to add more representatives or to change the business scope, office period or address of the administrative office, the legal representative of the overseas institution shall execute an application (the application for changing the office address may be executed by the chief representative of the administrative office) which shall be submitted to the SARFT for approval. Article 13. After the application of an administrative office in China for the above-said extension or change is approved, the administrative office shall follow the procedures for the same with administrative departments such as the administration for industry and commerce and the public security bureau. Article 14. If the period of an administrative office in China expires, it advances the termination of its business or an overseas institution applies for dissolving its administrative office in China, it shall file an application to the original examination and approval authority for recording and shall go through the formalities of deregistration. Article 15. All application materials shall be in Chinese. If they are in a foreign language, a Chinese translation shall be annexed. If there is any inconsistency between an original and its Chinese translation, the Chinese translation shall prevail. The authority for industry and commerce shall, when necessary, have the right to require an overseas institution to submit a notarization certificate for all or part of the application materials issued by the country (region) where it is located, which shall be authenticated by the embassy or consulate of the P.R.C to the country or the organ of the Central Government stationed in Hong Kong or Macao. Article 16. Overseas institutions shall be legally liable for all their respective business activities in China of their respective administration office in China. Administrative offices in China and their members shall abide by the provisions of Chinese laws, regulations and rules etc., and carry out activities within their respective approved business scope. Article 17. Administrative offices in China shall, under requirements, report on their respective business conditions in writing to the SARFT. Local administrative departments in charge of radio and television at the provincial level shall supervise and administer the business activities carried out by administrative offices in China established in other cities other than Beijing. Article 18. If an administrative office in China violates any of the provisions of Chinese laws and regulations etc., the relevant department shall impose such penalties upon it as imposing a warning, or ordering it to suspend its business or dissolving it according to law. Article 19. These Provisions shall enter into force as of August 1st, 2004. |
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