|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
In order to adapt to the new situation after China's access into World Trade Organization (WTO), further regulate the work of canvassing foreign investment into the cultural sector, elevate the quality and efficiency of utilizing foreign investment, safeguard the national cultural security and promote a sound and orderly development of the cultural sector, we hereby put forward the following opinions: Article 1. A foreign investor is allowed to establish an enterprise in any form of sole foreign-capital, joint venture or contractual equity, which engages in packing, decoration or printing, distribution of books, newspapers and journals, production of recordable CDs or business operation of artworks. Where the Chinese party holds 51% or more shares or where the Chinese party takes a dominant position in an enterprise, a foreign investor is allowed to establish an enterprise in either form of joint venture or contractual equity, which engages in the printing of publications or replication of read-only discs. Provided that the state's right to carry out an examination on the content of audio and video products is not injured upon and that the Chinese party takes the dominant position, a foreign investor is allowed to establish a Sino-foreign contractual equity that engages in the distribution of audio and video products, excluding films. Article 2. Provided that the China party holds 51% or more shares or where the Chinese party takes a dominant position, a foreign investor is allowed to establish an enterprise in either form of joint venture or contractual equity, which engages in the business operation of performance places, cinemas, performance brokerage or film techniques or to participate in the stock reform of a state-owned enterprise that engages in the distribution of books, newspapers, journals or the distribution of audio and video products. Article 3. A service provider from Hong Kong or Macao is allowed to establish in the Mainland a joint venture, contractual equity or wholly foreign-funded enterprise that engages in the business operation of performance places, a branch or sub-branch of a performance brokerage company, a joint venture or contractual performance brokerage institution, a Mainland-controlling network culture entity or business place where the Internet access service is provided, a joint venture or contractual equity that engages in the distribution of audio and video products where the foreign investor holds no more than 70% of equity, a cinema that is newly built or reconstructed by sole foreign capital or a wholly foreign-funded company for pilot distribution of home-made films in the Mainland. Article 4. It is prohibitive for a foreign investor to establish or engage in any press institution, radio office /station, television office/ station, radio and TV transmission covering network, production and broadcasting company of radio and television programs, film production company, network culture entity or business place where the Internet access service is provided (except for an investor from Hong Kong or Macao), commercial artistic-cultural performance group, a company that engages in the import and distribution of films or a company that engages in the video projection. It is prohibitive for a foreign investor to engage in the business operation regarding the publication, general distribution or import of books, newspapers and journals, or regarding the publication, production, general distribution or import of audio and video products or electronic publications, or regarding the audio/video program services, news websites or Internet publication by means of the information network. A foreign investor shall not enter into any publicity sector such as channel, frequency, page layout, editing or publication in the disguise of business operation of distributing publications, printing, advertising or reconstructing cultural facilities. Article 5. The administrative department of culture, press and publication, and radio, film and television shall keep close watch on the access into the relevant sectors by carrying out a preliminary examination and approval of an application for the establishment of a wholly foreign-funded enterprise, joint venture or contractual equity according to law so as to regulate the scope of utilizing foreign capital as well as the relevant equity proportion. Upon a preliminary examination and approval, the application shall be reported to the relevant department for examination and approval according to the competency and procedures prescribed in the relevant provisions on foreign investment. Article 6. When applying for the establishment of a wholly foreign-funded enterprise, joint venture or contractual enterprise, an investor shall have the relevant capital, professionals and business place compatible with its business scale and shall not have any unlawful, rule-breaking or unfavorable record within 3 consecutive years. The organ in charge of the administrative examination and approval shall, according to the statutory requirements and procedures, carry out an earnest examination on the application materials submitted by applicants and shall put the focus on those friendly overseas cultural enterprises with strong capital strength, standardized management and advanced technologies for joint venture and contractual equity so as to ensure the sound qualification of foreign investment canvassed. Article 7. The canvassing of any foreign investment into the distribution of audio and video products, artistic-cultural performance places, performance brokerage institutions, distribution of books, newspapers and journals, production of recordable discs and replication of read-only discs as well as the attraction of any investment from Hong Kong or Macao into network culture entities and business places where the Internet access service is provided shall, after being subject to an examination conducted by the administrative department at the provincial level as well as to a preliminary examination and approval by the administrative department of the State Council, be reported to the relevant department for examination and approval according to the relevant provisions on foreign investment. Article 8. Any Sino-foreign cooperative production of films, TV plays or animation shall be subject to the examination and approval of the State Administration of Radio, Film and Television. Any foreign investment in a cinema shall, after the relevant administrative department of films at the provincial level grants an approval, be reported to the relevant department for examination and approval according to the relevant provisions on foreign investment and shall be reported to the State Administration of Radio, Film and Television and the Ministry of Culture for archival filing as well. Article 9. The canvassing of foreign investment into the printing of publication as well as packing, decoration and printing shall, after being subject to a preliminary examination and approval conducted by the administrative department of press and publication at the provincial level, be reported to the relevant department for examination and approval or archival filing according to the relevant provisions on foreign investment. Article 10. In order to do a good job in canvassing the foreign investment according to China's WTO commitment, a region or department may not unlawfully enlarge the scope of canvassing the foreign investment or overstep their competency to formulate any regional or industrial open policy or to carry out the examination and approval of any relevant project. The canvassing of foreign investment into an enterprise that engages in the advertising, distribution and printing of any of the Party's newspapers, journals, radio stations and television stations as well as into any conglomerate that engages in distribution or films shall be reported to the relevant administrative departments of the State Council for approval, wherein the approval of the Publicity Department of CCCPC shall be solicited for. Where any department unlawfully canvasses any foreign investment without an approval, which goes beyond China's WTO commitment and the relevant provisions, it shall be corrected in a timely manner and shall be subject to serious investigation and punishment. Article 11. The relevant organs shall establish and improve a market exit mechanism, issue the relevant licenses in a strict manner and earnestly carry out an annual examination system. As to any rule-breaking foreign-funded enterprise, the relevant organs shall, based on the specific circumstance, give an administrative sanction, namely, warning, fine or revocation of the license. As to any foreign-funded enterprise whose license has been revoked, the administrative department for industry and commerce shall order it to handle the formalities for write-off registration or alteration registration. Article 12. The administrative departments in charge of culture, radio, film and television, and press and publication at all levels shall intensify their macro control on and daily supervision over the canvassing of foreign investment and earnestly carry into effect the relevant provisions on the administration of foreign investment. The relevant departments should overcome their weak links, improve the administration means and advance the follow-up supervision. The relevant departments shall improve the comprehensive law enforcement and intensify their strength of cracking down on any unlawful or rule-breaking act. Article 13. The Ministry of Culture, State Administration of Radio, Film and Television and General Administration of Press and Publication shall, according to the present Opinions, formulate and improve the relevant detailed measures for implementation within their own sectors. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|