PRC Law for Promoting the Film Industry

中华人民共和国电影产业促进法

February 21, 2017 | BY

Susan Mok &clp articles &

Film production reporting procedure eased.

Clp Reference: 5600/16.11.07 Promulgated: 2016-11-07 Effective: 2017-03-01

Promulgated: November 7 2016

Effective: March 1 2017

Applicability: This Law shall govern the engagement in activities such as film creation, production, distribution and screening in the People's Republic of China.

For the purposes of this Law, the term “film” means a work made using audio-visual technologies and artistic processes, recorded on photographic film or digital media, composed of successive images with or without sound conveying certain content, satisfying technical standards specified by the state and used for public screening on fixed screening premises, such as movie theaters or with mobile screening equipment.

Where a film is communicated through an information network, such as the internet, telecommunications network and television broadcasting network, laws and administrative regulations for the administration of information networks, such as the internet, telecommunications networks and television broadcasting networks shall additionally be complied with (Article 2).

Main contents: A legal person or other organization that proposes to produce a film shall submit an outline of the script to the State Council's film department or the competent film department of the people's government of the province, autonomous region or municipality directly under the central government for the record. The reporting entity shall no longer be required to be “an enterprise or other organization that has secured a Film Production Permit” (Article 13).

Subject to the approval of the State Council department in charge of films, a legal person or other organization may cooperate with a foreign organization in producing a film.

If a cooperatively made film satisfies proportion requirements, such as those in respect of creation, capital contribution and profit distribution, such film shall be treated as a film made by a domestic legal person or other organization.

A foreign organization may not independently engage in film production activities in China. A foreign national may not engage in film production activities in China (Article 14).

An enterprise that has the personnel and the monetary conditions appropriate for the film distribution activities it wishes to engage in may, subject to the approval of the State Council department in charge of films or the department in charge of films of the people's government of the province, autonomous region or municipality directly under the central government where it is located, engage in film distribution activities (Article 24).

A movie theater shall reasonably arrange the number of screenings and the times of films made by domestic legal persons and other organizations, and the screening length of such films may not be less than two-thirds of the total screening length of films during the year (Article 29).

clp reference:5600/16.11.07 promulgated:2016-11-07 effective:2017-03-01

Promulgated: November 7 2016

Effective: March 1 2017

Applicability: This Law shall govern the engagement in activities such as film creation, production, distribution and screening in the People's Republic of China.

For the purposes of this Law, the term “film” means a work made using audio-visual technologies and artistic processes, recorded on photographic film or digital media, composed of successive images with or without sound conveying certain content, satisfying technical standards specified by the state and used for public screening on fixed screening premises, such as movie theaters or with mobile screening equipment.

Where a film is communicated through an information network, such as the internet, telecommunications network and television broadcasting network, laws and administrative regulations for the administration of information networks, such as the internet, telecommunications networks and television broadcasting networks shall additionally be complied with (Article 2).

Main contents: A legal person or other organization that proposes to produce a film shall submit an outline of the script to the State Council's film department or the competent film department of the people's government of the province, autonomous region or municipality directly under the central government for the record. The reporting entity shall no longer be required to be “an enterprise or other organization that has secured a Film Production Permit” (Article 13).

Subject to the approval of the State Council department in charge of films, a legal person or other organization may cooperate with a foreign organization in producing a film.

If a cooperatively made film satisfies proportion requirements, such as those in respect of creation, capital contribution and profit distribution, such film shall be treated as a film made by a domestic legal person or other organization.

A foreign organization may not independently engage in film production activities in China. A foreign national may not engage in film production activities in China (Article 14).

An enterprise that has the personnel and the monetary conditions appropriate for the film distribution activities it wishes to engage in may, subject to the approval of the State Council department in charge of films or the department in charge of films of the people's government of the province, autonomous region or municipality directly under the central government where it is located, engage in film distribution activities (Article 24).

A movie theater shall reasonably arrange the number of screenings and the times of films made by domestic legal persons and other organizations, and the screening length of such films may not be less than two-thirds of the total screening length of films during the year (Article 29).

clp reference:5600/16.11.07 promulgated:2016-11-07 effective:2017-03-01

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