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Procedures of Shanghai Municipality on the Administration of Release and Showing of Film
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| (Promulgated by Decree No. 47 of the Shanghai Municipal People's Government on August 7, 1997) Chapter I General Provisions Article 1 (purpose and Basis) The present Procedures are formulated with a view to strengthening the administration of the Municipality's film release and showing, boosting the development and prosperity of films undertaking and enriching the cultural life of the people in accordance with the "Regulations on Film Administration" and the actual conditions of the Municipality. Article 2 (Scope of Application) The Present Procedures apply to the release, showing, and supervision and administration of films within the administration of films within the administrative areas of Shanghai. Article 3 (Competent Authorities and Co-ordinating Institutions) Shanghai Municipal Radio, Film and TV Bureau (Hereinafter referred to as the Municipal Broadcast, Film and TV Bureau) is the competent authorities of the film release and showing in Shanghai. Its subordinate Shanghai Municipal Film, TV and Audio and Video Administrative Department (Hereinafter referred to as the Municipal Film, TV and Audio and Video Administrative Department) shall be responsible for the implementation of the present Procedures. The cultural administrative department of the district (county) is in charge of the administration of film showing, and operates under the direction of the Municipal Radio, Film and TV Bureau. Departments of public security, industry and commerce, public health, price control, finance, and taxation at various levels shall, in the light of their own duties, do their work well in the administration of film release and showing. Article 4 (Principles of Release and Showing Activities) Persons engaged in film release and showing activities shall abide by the law, persist in the direction of serving the people and serving socialism, spread ideology, morality, science and technology, and cultural knowledge in the interest of the economic development and social progress ,and protect the legitimate rights and interests of the owner of film copyright. Article 5 (Licensing System) The municipality shall apply the licensing system to film release and showing activities. Article 6 (macro-control and regulation) The Municipality shall apply macro-control and regulation over the establishment of film releasing and showing units. Article II Application, Examination and Approval Article 7 (Definition of Releasing Units) Film releasing units refer to units that provide films to film showing units for value. Article 8 (Conditions for Releasing Units) The following conditions shall be met to establish film releasing units: 1. Having sites for activities in conformity with the set conditions and necessary accompanying facilities; 2. Having Management personnel who are familiar with the film releasing business; 3. necessary management systems for film release; 4. Stipulated amount of funds; and 5. Other conditions stipulated by the state film administrative department. Article 9 (definition and Classification of Showing Units) Film showing units refer to units that own film projecting equipment and are engaged in film showing activities (including films using film specifications of regular 35mm, 70mm, etc., round screen films, stereoscopic films and films of other forms), including profit-making film showing units and non-profit-making film showing units. Profit-making film showing units refer to the film showing units whose purpose is to make profits by selling tickets to the public, including cinemas, film projecting teams which specialize in film showing, and cinema-theaters, cultural palaces (centers), auditoriums, clubs, etc. that are engaged in film showing concurrently. Non-profit-making film showing units refer to the units established within administrative organs, army units, social groups and enterprises and institutions whose purpose is not to make profits, but to provide film showing service to their own staff members. Article 10 (Conditions for Showing Units) The following conditions shall be met to establish film showing units: 1. Having permanent showing sites in conformity with the stipulated conditions, whose construction structure and safety, fire-protection, sanitation and ventilation facilities shall meet the required criteria. 2. Having projection equipment up to the relevant technical standard; 3. Having management personnel who are familiar with film projection business, and more that two projectionists who have the qualification certificate for projectionists issued by the Municipal Radio, film and TV Bureau; 4. Having necessary management systems for film showing; and 5. Other conditions stipulated by the state film administrative department. Units that want to operate profit-making film showing shall also meet the stipulated amount of fund besides the above-listed stipulated conditions. Article 11 (Materials for Application) Units that apply for operating film release shall submit the following materials: 1. The application; 2. The resumes and other relevant certificates of the legal representative and management personnel; 3. Certificates of funds and credit; and 4. Certificates of ownership of the premises for their activities or house leasing contracts. To apply for the establishment of a showing unit, the applicant shall also submit, besides the above listed materials, the construction plane map of the fixed showing sites the name and type of the projection equipment, the qualification certificates of the projectionists, etc. Article 12 (Examination and Approval of the Establishment of A Film Releasing and Showing Unit) Applicant that wants to establish a film showing unit shall apply to the Municipal Radio, Film and TV Bureau. The Municipal Radio, Film and TV Bureau shall give the applicant a reply within 30 days after receipt of all the materials relevant to the application. In case of approval the Municipal Radio, Film and TV Bureau shall issue the "License for Film Release". An Applicant that wants to establish a film release unit beyond his/her own province, autonomous region or municipality directly under the Central Government shall go through the application and examination and approval formalities in accordance with the relevant stipulations of the State. An Applicant that wants to establish a film showing unit shall apply to the cultural administrative office of the district or county where it is located. The district or county cultural administrative office shall put forward its preliminary examination opinions and present them to the Municipal Radio, Film and TV Bureau for ratification. The municipal Radio, Film and TV Bureau shall give the applicant a written reply within 15 days after receipt of the preliminary examination opinions. In case of approval the Municipal Radio, Film and TV Bureau shall issue the "License for Operation of Film Showing" or the "License for Non-Profit Film Showing" . Central Government units or army units stationed in Shanghai that want to establish non-Profit film showing units shall apply to the Municipal Radio, Film and TV Bureau. The Municipal Radio, Film and TV Bureau shall give the applicant a written reply within 30 days after receipt of all the application materials. In case of approval the Municipal Radio, Film and TV Bureau shall issue a "License for Non-Profit Film showing". Units that have obtained "Licenses for Operation of Film Release" and "Licenses for Operation of Film Showing" shall, according to the relevant stipulations of the State, register with the industry and commerce administrative department and obtain the business licenses. And, units that have obtained "Licenses for Operation of Film Showing" shall further apply to the public security department and public health administrative department respectively for public security administration permit and sanitation permit. Article 13 (Examination and Approval of Establishment of Agents of Film Releasing Units) Agents of film releasing units, if they are entrusted by film releasing units, may engage themselves in film release business activities within the entrusted scope of film release. The conditions and procedures of examination and approval for the establishment of agents of film release units shall be otherwise stipulated by the Municipal Radio, Film and TV Bureau. Article 14 (System of Reporting for the Record) Film release units that are established with the approval of a state film administrative department and have the permission to extend their business operations to other provinces, autonomous regions, and municipalities shall report to the Municipal Radio, Film are TV Bureau for the record, if they want to engage in film release business activities in this Municipality. Article 15 (Examination and Approval of All-night Film Shows) If profit-making film showing units want to engage in all-night film shows, they shall go through the examination and approval formalities according to the following stipulations: 1. If they operate all-night film shows every day, they shall apply to cultural administrative office of the district or county where they are located. The district or county cultural administrative office shall put forward their preliminary examination opinions within 10 days after the receipt of the application and submit them to the Municipal Radio, Film and TV Bureau for ratification. The Municipal Radio, Film and TV Bureau shall, within 10 days after receipt of the preliminary examination opinions, examine it jointly with the public security and public health administrative departments, and give the applicant a written reply. If the application is approved the Municipal Radio, Film and TV Bureau shall issue a letter of approval for operating all-night film shows. 2. Units that give all-night film shows at weekends and on holidays shall apply to the cultural administrative office of the district or county where they are located. The district or county cultural administrative office shall, within 15 days after receipt of the application, examine it jointly with the public security and public health administrative departments, and give the applicant a written reply. In case of approval the district or county cultural administrative office shall issue a letter of approval for operating all-night film shows. Article 16 (Alteration and Termination) If film releasing units or showing units or showing unites are merged, split, dissolved, or undergo a change in the name, address, business scope or legal representative, they shall go through the formalities of alteration or cancellation at the administrative departments concerned according to the established examination and approval procedures for their establishment. Article 17 (Annual Check-up System) The Municipal Radio, Film and TV Bureau shall give an annual examination of the film release and film showing licenses and the projectionist' qualification certificates. If they are found unqualified after check and examination or if they are not presented for the examination within the time limit, the units and individual persons concerned shall not be allowed to continue their film release or showing activities. Chapter III Administration of Business Activities Article 18 (Business Scope) Film releasing and showing units shall be engaged in release and showing activities within the business scope stipulated in the film release and film showing licenses. Article 19 (Scope of Release) Film producing units can release films produced by themselves throughout the country in accordance with the relevant state regulations. Film producing and releasing units are not allowed to release films to units that do not have the film showing license. Article 20 (Requirement for Releasing and Showing Films) Film producing, releasing, and showing units shall have the "Film Public Show License" issued by state film administrative department in order to release and show films, and the films must conform to the state technical standard for films. Film releasing and showing units shall carry out the decisions made by the state film administrative department on terminating the showing of a film or cutting out parts of a film. Article 21 (Film Prohibited From Being Released and Showed ) Films containing the following contents are prohibited from being released and showed: 1. Endangering the state unification, sovereignty and territorial integrity; 2. Endangering the safety, honor and interests of the country; 3. Inciting national split and sabotaging the national unity; 4. Betraying state secrets; 5. Propagating obscenity, superstition or violence; 6. Defaming and insulting others, and 7. Other contents prohibited by the state from being released and showed. Article 22 (Protection of Copyright) Film producing units own the copyright of the films they produce according to the law. Any unit that wants to release and show the films shall obtain the permission of the owner of the film copyright unless otherwise provided by law and administrative regulations. After the film releasing and showing units have obtained the permission to release and show the film, they shall sign the release and showing contract with the persons concerned. Article 23 (Prohibiting Unfair Competition) Film releasing units shall not restrict the film sources of the film showing units, and shall not restrict the proper business activities of other film releasing units. Article 24 (Requirements for the Films Showing by TV Station) The TV Station that shows films shall abide by the relevant state and municipal provisions. Article 25 (Showing of Domestic Films) The total annual number of hours for showing domestic films by profit-making film showing units shall be in conformity with the relevant state provisions. Article 26 (Projection of Foreign films in the Original) If the films to be showed by a profit-making film showing units are foreign films in the original, this fact shall be clearly indicated at a conspicuous place at the box-office, in advertisements, and on tickets. Article 27 (Place of Showing, Number of Shows a Day and Time to Begin) Profit-making film showing units shall indicate the place of showing the film, number of showings, and time to begin at a conspicuous place at the booking office and on the film tickets, and show films according to the indicated place of showing, the number of each show and its time to begin. The requirements concerning the number of shows, the intervals between shows, and the time of advertisement inserts in the films showing by profit-making film showing units shall be otherwise set forth by the Municipal Radio, Film and TV Bureau. Article 28 (Supervision of Making of Film Tickets) The tickets issued by the profit-making film showing units shall be made under the unified supervision of the Municipal Radio, Film and TV Bureau. Article 29 (Restriction on Ticket Prices and Mark of Prices) The highest limit of film ticket prices shall be determined jointly by the Municipal Radio, Film and TV Bureau and the price control department according to the grade of the profit-making film showing units or the conditions of the place of showing, and its accompanying facilities and equipment. The profit-making film showing units shall implement these decisions on ticket prices. Profit-making film showing units shall indicate prices at a conspicuous place at the booking office and on the film ticket. Article 30 (Business Turnover Report) Profit-making film showing units shall submit every month their business reports concerning names of films showed, number of shows, number of audience, income from tickets, etc. to the Municipal Radio, Film and TV Bureau or the district or county cultural administrative departments. Article 31 (Maintenance of Public Order and Environmental Sanitation) Film showing units shall maintain public order and environmental sanitation of the place of film showing, and guarantee the safety and healthy of the audience. Article 32 (Film Exchange Activities) To hold Chinese and foreign film exhibitions, international film festivals, etc. the sponsor shall go through the examination and approval formalities according to the relevant state provisions. Article 33 (Administration Fee) Profit-making film releasing and showing units shall pay the administration fee to the Municipal Radio, Film and TV Bureau or the district (county) administrative department at the stipulated time. The rules for paying of the management fee shall be made jointly by the municipal finance and the price control departments and the Municipal Radio, Film TV Bureau. Article 34 (Inspection) The law enforcement officials of the municipal Radio, Film and TV Bureau and the district (county) cultural administrative department shall inspect the film release and showing activities according to law. They shall produce the administrative law enforcement certificate at the time of inspection. The relevant units and personnel must cooperate in the work of the law enforcement officials, report the actual conditions, provide the relevant materials, and must not refuse or obstruct the inspection. Chapter IV Legal Liability Article 35 (Administrative Punishment) Those who violate the present Procedures shall be punished by the Municipal Radio, Film and TV Bureau or the district (county) cultural administrative department according to the following stipulations: 1. Those who have been engaged in film release or showing activities without approval shall be ordered to stop their wrongful activities. Their illegal gain shall be confiscated, and in the meantime they shall be fined 5-10 times their illegal gain. 2. Those who have released or showed films without "Film Public Showing License" shall be ordered to stop their wrongful activities. Their illegally obtained articles and illegal gain shall be confiscated. In the meantime they shall be fined 10-15 times their illegal gain. If the case is serious, they shall be ordered to stop and rectify their business or their film release or showing licenses shall be revoked. 3. Those, who fail to execute the decision made by the state film administrative department on stop showing or cutting off part of a film, shall be ordered to stop their illegal wrongful activities. Their illegally obtained articles and illegal gain shall be confiscated. They shall be fined 5-10 times their illegal gain. If the case is serious, they shall be ordered to stop and rectify their business or their film release or showing license shall be withdrawn. The Municipal Radio, Film and TV Bureau can entrust the municipal film, TV and audio & video management department with the right of the enforcement of the administrative punishment provided in the present Procedures. If profit-making film showing units violate the price control stipulations in selling film tickets, the price control department shall give them administrative punishment according to the stipulations concerning price control. Article 36 (Overdue Surcharge) If profit-making film releasing or showing units do not pay the management fee within the time limit, the Municipal Radio, Film and TV Bureau or the district (county) cultural administrative office shall order them to pay it before a set date and may charge 0.5% of the administration fee overdue surcharge per day beginning one day offer the due date. Article 37 (Reconsideration and Litigation) If the party concerned refuses to accept, the specific administrative act of the Municipal Radio, Film and TV Bureau or the district (county) cultural administrative office, he can apply for administrative reconsideration, or bring an administrative action in accordance with the provisions the "Regulations on Administrative Reconsideration", the "Administrative Litigation Law of the People's Republic of China". If the party concerned does not apply for reconsideration, nor brings an action, and in the meantime does not perform the specific administrative act, the Municipal Radio, Film and TV Bureau or the district (county) cultural administrative office may apply to the people's court for enforcement in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China". Article 38 (Investigation of the Unlawful Practice of the Law Enforcement Officers) Administrative and law enforcement officers shall observe the disciplines and abide by the law, and execute the law impartially. Those who neglect their duties, abuse their power, bend the law for the benefit of their relatives or friends, practise fraudulence, ask for and accept bribes and pervert the Law, shall be given administrative punishment by the units they belong to, or the department in charge at a higher level. If their wrongs constitute a crime, they shall be prosecuted for their criminal liability in accordance with the Law. Chapter V Supplementary Provisions Article 39 (Administration of Releasing Units in Armed Forces and Educational Institutions) The administration of the film release activities of the film releasing units in armed force and educational, institutions that are engaged in non-profit film release activities shall be executed according to the relevant state and the municipality's Provisions. Article 40 (Interpretation of Application) The Municipal Radio, Film and TV Bureau shall be responsible for interpretation of specific application of the present Procedures. Article 41 (Effective Date and Repeal) The present Procedures shall become effective on Dec. 1, 1997. The Procedures of Shanghai Municipality on the Film Release and Showing promulgated by the Shanghai People's Government on April 27, 1992 shall be repealed at the same time. |
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