Provisions for the Administration of the Local Foreign Affairs Work of Radio, Film and Television Systems

广播影视系统地方外事工作管理规定

These Provisions restrict the leasing of radio/television channels (frequencies) to foreign entities. Furthermore, fixed periodic/live radio or television programmes produced by cooperation between local stations and foreign entities are prohibited.

Clp Reference: 5600/05.07.06 Promulgated: 2005-07-06 Effective: 2005-07-07

(Issued by the State Administration of Radio, Film and Television on July 6 2005 and effective as of July 7 2005.)

(国家广播电影电视总局于二零零五年七月六日印发,自二零零五年七月七日起施行。)

PART ONE: GENERAL PROVISIONS

Article 1: These Provisions have been formulated based on the principles of unified leadership, centralized administration by the competent departments, responsibility by level and coordination and cooperation, in order to strengthen the administration of radio, film and television local foreign affairs work and regulate and promote foreign exchanges by radio, film and television.

第一章总 则

Article 2: Radio, film and television local foreign affairs work shall serve the cause of promotion, the overall foreign affairs of the state and the development of China's radio, film and television industry.

第一条为加强广播电影电视地方外事管理工作,规范和促进广播影视对外交流,按照统一领导、归口管理、分级负责、协调配合的原则,制定本规定。

Article 3: The foreign policy of the central departments shall be thoroughly implemented, the foreign affairs rules and regulations of the state strictly implemented and foreign affairs work discipline strictly observed in radio, film and television local foreign affairs work.

第二条广播影视地方外事工作要为宣传工作服务,为国家的总体外交服务,为我国广播影视业发展服务。

Article 4: The State Administration of Radio, Film and Television (SARFT) is responsible for the administration of radio, film and television local foreign affairs work nationwide, and for the centralized management, coordination, guidance and planning of local radio, film and television foreign affairs work.

第三条广播影视地方外事工作要认真贯彻中央对外方针政策,严格执行国家外事规章制度,严守外事工作纪律。

The provincial level radio, film and television administrative departments are responsible for radio, film and television foreign affairs work within their jurisdictions under the centralized leadership of SARFT and the respective provincial level people's governments.

第四条国家广播电影电视总局(以下简称广电总局)负责管理全国广播影视外事工作,归口管理、协调指导、规划部署地方广播影视外事工作。

Article 5: Each provincial level radio, film and television administrative department shall designate one main person in charge to be in charge of foreign affairs work, establish the necessary foreign affairs administration office and appoint cadres who have good political qualifications, strong vocational capabilities, a grasp of policy and strictly observe discipline to be responsible for foreign affairs work. They shall be subject to the administration, guidance and supervision of the foreign affairs office of the local provincial level people's government and the foreign affairs department of SARFT in their foreign affairs work.

省级广播影视行政部门在广电总局和当地省级人民政府统一领导下,负责管理本行政区域内的广播影视外事工作。

PART TWO: BUSINESS COOPERATION

第五条省级广播影视行政部门应确定一名主要负责人主管外事工作,设立必要的外事管理机构,指派政治素质好、业务能力强、掌握政策、严守纪律的干部负责外事工作。其外事工作接受当地省级人民政府外事办公室和广电总局外事部门的管理、指导和监督。

Article 6: If a provincial level radio, film and television administrative department intends to hold an international symposium or professional meeting in China it shall report the same to SARFT for examination and approval and copy the foreign affairs office of the provincial level people's government for the record. If an organization subordinate to a provincial level radio, film and television administrative department intends to hold an international symposium or professional meeting, the provincial level radio, film and television administrative department shall report the same to SARFT for examination and approval and copy the foreign affairs office of the provincial level people's government for the record after it has conducted a preliminary examination. When necessary, after obtaining the consent of SARFT, the provincial level people's government shall report the same to the State Council for examination and approval.

第二章业务合作

If a foreign-related radio, film and television festival or exhibition or programme exchange activity is to be held, it shall be reported to SARFT for examination and approval in accordance with the relevant provisions of the Provisions for the Administration of Radio, Film and Television Festivals (Exhibitions) and Programme Exchange Activities (Order of SARFT No.38).

第六条省级广播影视行政部门在国内主办国际性的研讨会、专业会议,经省级广播影视行政部门报广电总局审批,抄省级人民政府外事办公室备案;省级广播影视行政部门所属机构主办国际性研讨会、专业会议,经省级广播影视行政部门审核后,报广电总局审批,抄省级人民政府外事办公室备案。必要时,在征求广电总局同意后,由省级人民政府报国务院审批。

Article 7: Radio stations and television stations may not lease radio or television channels (frequencies) to foreign organizations, establish equity or cooperative joint venture radio or television channels (frequencies) with foreign organizations or equity or cooperative joint ventures to launch fixed periodic radio or television programmes or live radio or television programmes.

举办涉外广播影视节展、节目交易活动,应按《广播影视节(展)及节目交流活动管理规定》(广电总局令第38号)的有关规定,报广电总局审批。

The import or broadcasting of foreign television programmes shall be handled in accordance with the Provisions for Administration of the Import and Broadcasting of Foreign Television Programmes (Order of SARFT No.42).

第七条广播电台、电视台不得向境外机构出租广播电视频道(率),不得与境外机构合资、合作经营广播电视频道(率),不得与境外机构合资、合作开办广播电视固定栏目和广播电视直播节目。

Article 8: The establishment of cooperative joint ventures to produce motion pictures and cooperative joint ventures to produce television dramas (cartoons) shall be handled in accordance with the Provisions for the Administration of the Sino-foreign Co-production of Motion Pictures (Order of SARFT No.31) and the Provisions for the Administration of Sino-foreign Co-production of Television Dramas (Order of SARFT No.41).

引进、播出境外电视节目,按照《境外电视节目引进、播出管理规定》(广电总局令第42号)执行。

Article 9: The lease or purchase of radio or television channels (frequencies) or time slots and the establishment of radio or television stations abroad shall be subject to the preliminary examination of the provincial level radio, film and television administrative department and the examination and approval of SARFT in accordance with the relevant provisions of the Tentative Provisions for the Administration of the Lease and Purchase of Channels and the Establishment of Stations Outside China (Order of SARFT No.12).

第八条中外合作摄制电影片、中外合作制作电视剧(动画片)按照《中外合作摄制电影片管理规定》(广电总局令第31号)、《中外合作制作电视剧管理规定》(广电总局令第41号)执行。

Article 10: If a local radio, film or television organization wishes to apply to join an international radio, film or television organization, it must report the same to SARFT for approval after consultations with the Ministry of Foreign Affairs.

第九条赴国外租、买广播电视频道(率)、时段和设立广播电台、电视台,应按《赴国外租买频道和设台管理暂行规定》(广电总局令第12号)的有关规定,经省级广播影视行政部门审核后,报广电总局审批。

Article 11: Specific radio, film and television business cooperation plans and commercial contracts signed between local radio stations/television stations and foreign organizations shall be subject to the examination and approval of the provincial level radio, film and television administrative departments.

第十条地方广播影视机构申请加入广播影视国际组织须报广电总局商外交部审定。

Subject to the examination and approval of the foreign affairs office of the provincial level people's government, the provincial level radio, film and television administrative department may launch radio, film and television exchange activities in accordance with a twin cities annual cooperation plan signed with a foreign city, based on the principles of equality, mutual benefit and two-way exchange, and within the specified purview. It shall report the relevant details to SARFT for the record.

第十一条地方广播电台、电视台与外国机构签订广播影视具体业务合作计划或商业性合同,由省级广播影视行政部门审批。

Article 12: The foreign-related activities of local organizations which produce and deal in radio, film and television programmes shall be subject to the centralized administration of the provincial level radio, film and television administrative department.

经省级人民政府外事办公室审批,省级广播影视行政部门可根据所在地与外国城市签订的友好城市年度合作计划,本着平等互利、双向交流的原则,按规定权限开展广播影视交流活动,并将有关情况报广电总局备案。

PART THREE: PERSONNEL EXCHANGES

第十二条地方广播影视节目制作经营机构的涉外活动,由省级广播影视行政部门统一管理。

Article 13: In general, provincial level radio, film and television administrative departments and organizations subordinate to them may not organize visits abroad by radio, film and television delegations consisting of members from more than one province, autonomous region and/or municipality directly under the central government. If the organization of such a visit is truly necessary, it must be reported to SARFT for approval and the examination and approval matters shall be carried out in accordance with relevant provisions.

第三章人员往来

If another department or a region wishes to organize a visit abroad by a radio, film or television delegation consisting of members from more than one region or industry, it shall obtain the prior consent of SARFT. A provincial level radio, film and television administrative department, radio, film or television group (parent station), radio station, television station or broadcast television station may not participate in a visit abroad by a delegation consisting of members from more than one region or industry that has not been approved by the foreign affairs office of a local people's government with the department to examine and approve foreign missions.

第十三条省级广播影视行政部门及所属机构一般不得组织跨省、自治区、直辖市广播影视代表团出国访问。如确有必要,须报广电总局批准,并按照有关规定办理审批事项。

Article 14: Visits abroad by radio, film and television delegations led by the person in charge of the provincial level radio, film and television administrative department shall be subject to the examination and approval of the provincial level people's government and reported to SARFT for the record.

其他部门、地方组织跨地区、跨行业的广播影视代表团出国访问,应事先征得广电总局同意;省级广播影视行政部门、广播影视集团(总台)、广播电台、电视台、广播电视台不得派员参加未经具有出国任务审批权的地方人民政府外事办公室同意的跨地区、跨行业团组出国访问。

Article 15: If a work unit subordinate to a provincial level radio, film and television administrative department or to a group (parent station) sends personnel abroad to conduct interviews or to produce a radio or television programme and the topic is important or sensitive or the programme is a large feature programme, it shall be reported by the competent provincial level radio, film and television administrative department to the foreign affairs office of the local provincial level people's government for consent and forwarded to SARFT for its examination and approval. When necessary, it shall be forwarded to the Ministry of Foreign Affairs for examination and approval.

第十四条省级广播影视行政部门负责人率领广播影视代表团出国访问,由省级人民政府审批,并报广电总局备案。

If a local radio, film or television organization intends to conduct interviews with an international organization abroad, the opinion of the Ministry of Foreign Affairs shall be sought via the foreign affairs office of the local provincial level people's government or the foreign affairs department of SARFT.

第十五条省级广播影视行政部门或集团(总台)所属单位派员赴境外采访或摄制广播电视节目,如属重要、敏感题材,或属大型专题节目,由省级广播影视行政主管部门报当地省级人民政府外事办公室同意后报广电总局审批,必要时报外交部审批。

Article 16: If a provincial level radio station or television station intends to invite the ambassador of a foreign country or a provincial or ministerial level official of a foreign country to give a talk on the station or to participate in a recorded or live commentary programme, the provincial level radio, film and television administrative department shall report the same to the foreign affairs office of the local provincial level people's government for preliminary examination followed by examination and approval by the Ministry of Foreign Affairs. The participation by other foreign nationals in the aforementioned activities shall be reported by the provincial level radio, film and television administrative department to the foreign affairs office of the local provincial level people's government for examination and approval.

如地方广播影视机构赴境外采访国际组织,应经当地省级人民政府外事办公室或广电总局外事部门征求外交部意见。

Invitations to foreigners to participate in the production of radio, film and television programmes shall be handled in accordance with the Provisions for the Administration of the Participation by Foreigners in the Production of Radio, Film and Television Programmes (ref. Guang Fa Wai Zi [1999] No.269).

第十六条省级广播电台、电视台邀请外国驻华大使或外国省部级官员到电台、电视台发表讲话,或参与专栏节目录像、直播,需由省级广播影视行政部门报当地省级人民政府外事办公室审核后,报外交部审批;邀请其他外籍人员参加上述活动,由省级广播影视行政部门报当地省级人民政府外事办公室审批。

Article 17: If a provincial level radio, film and television administrative department, radio, film or television group (parent station), radio station or television station intends to invite the person in charge of a foreign radio or television station to lead a delegation to China for a friendly visit or to discuss business, the same shall be subject to the preliminary examination of the provincial level radio, film and television administrative department after which it shall be forwarded to the foreign affairs office of the local people's government for examination and approval and SARFT for the record.

邀请外国人参加广播影视节目制作活动,按照《外国人参加广播影视节目制作活动管理规定》(广发外字〔1999〕269号)执行。

Invitations given to radio, film and television personnel of radio and television stations from countries with which China has no diplomatic relations and from sensitive countries (regions) shall be reported to SARFT for examination and approval after consultations with the Ministry of Foreign Affairs.

第十七条省级广播影视行政部门、广播影视集团(总台)、广播电台、电视台邀请外国电台、电视台负责人率团来华友好访问或洽谈业务,应经省级广播影视行政部门审核后报当地省级人民政府外事办公室审批,报广电总局备案。

Article 18: If a foreign radio or television reporter or other person involved in the film or television industry applies to visit China on a temporary basis to conduct interviews, the application shall be accepted by SARFT and, after preliminary examination, shall be forwarded to the Ministry of Foreign Affairs for examination and approval.

邀请未建交国家或敏感国家(地区)的电台、电视台广播影视从业人员来访,报广电总局商外交部审批。

If such person is to conduct his or her interviews solely in Guangdong or Shanghai, examination and approval shall be carried out by the foreign affairs office of the local provincial level people's government and reported to SARFT for the record.

第十八条外国广播电视记者及其他影视从业人员申请来我国临时采访,由广电总局受理并审核后报外交部审批。

PART FOUR: SUPPLEMENTARY PROVISIONS

如仅赴广东或上海进行广播电视采访,由当地省级人民政府外事办公室审批,报广电总局备案。

Article 19: The foreign exchanges of film organizations subordinate to provincial level radio, film and television administrative departments shall additionally comply with the Regulations for the Administration of Motion Pictures, the Provisions for the Administration of the Sino-foreign Co-production of Motion Pictures (Order of SARFT No.31), the Tentative Provisions on the Business Access Qualifications for Film Enterprises (Order of SARFT and MOFCOM No.43) and other provisions on the administration of motion pictures.

第四章附 则

Article 20: Violations of these Provisions shall be handled by SARFT and provincial level radio, film and television administrative departments in accordance with relevant provisions.

第十九条省级广播影视行政部门所属电影机构的对外交流工作,还应符合《电影管理条例》、《中外合作摄制电影片管理规定》(广电总局令第31号)、《电影企业经营资格准入暂行规定》(广电总局、商务部令第43号)及其他电影管理方面的规定。

Article 21: Exchanges and cooperation with radio, film and television organizations from the Hong Kong Special Administrative Region, Macao Special Administrative Region and Taiwan shall, in addition to be handled in accordance with relevant dedicated provisions, be, mutatis mutandis, handled in accordance with these Provisions.

第二十条违反本规定的,由广电总局及省级广播影视行政部门按有关规定处理。

Article 22: Provincial level radio, film and television administrative departments may formulate implementing measures with reference to these Provisions while taking into account actual local circumstances.

第二十一条与我国香港特别行政区、澳门特别行政区和台湾地区广播影视机构的交流与合作,除依有关专门规定外,参照本规定执行。

Article 23: These Provisions shall be effective as of
July 7 2005. The Provisions for the Administration of the Local Foreign Affairs Work of Radio, Film and Television Systems (ref. Guang Fa Wai Zi (1996) No.792) shall be repealed simultaneously

clp reference:5600/05.07.06promulgated:2005-07-06effective:2005-07-07

第二十二条省级广播影视行政部门可参照本规定,结合当地实际情况,制定实施办法。

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