Guidance and Compliance:The Way to China’s Entertainment Market
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I V. Examination of Film

China implements a film examination system, and has detailed regulations on the review and approval procedures for the submission and examination, and the receiving of Permit for Public Projection of diff erent film projects.

According to the Film Industry Promotion Law,a legal person or any other organization shall submit a film completed by it to the film administrative department of the State Council or the film administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government for examination. The film administrative department of the State Council or the film administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government shall make a examination decision within 30 days of acceptance of the application for examination. If the film conforms to the provisions, the film administrative department shall permit the public projection of the film, grant a Permit for Public Projection of the Film, and issue an announcement of it; otherwise, it shall not permit the public projection of the film, and shall notify the applicant in writing of the decision and the reasons.

The following contents shall not be included in the film according to the examination requirements: (1) any content violating the basic principles as established in the Constitution or instigating resistance to or disruption of the implementation of the Constitution, laws, and administrative regulations; (2) any content jeopardizing China's unity, sovereignty, or territorial integrity, leaking national secrets, endangering national security, damaging China's dignity, honor, and interests, or advocating terrorism or extremism; (3) any content defaming fine national cultural traditions, instigating ethnic hate or discrimination, infringing upon ethnic customs and habits, distorting national history or national historical figures, hurting national sentiments, or undermin ing national solidarity; (4) any content instigating the disruption of the religious policies of the state or propagating cults or superstition; (5) any content jeopardizing social ethics, disrupting the public order, undermining social stability, advocating obscenity, gambling, or drug abuse, highlighting violence or terror, instigating crimes or teaching methods for committing crimes; (6) any content infringing upon the lawful rights and interests of minors or damaging the physical and mental health of minors; (7) any content insulting or defaming others, disseminating others' privacy, or infringing upon the lawful rights and interests of others;and (8) any other content as prohibited by the laws and administrative regulations.

When submitting the request for examination, the examination materials need to be provided in accordance with the regulations. Depending on the media carrier of the film, the materials to be submitted for examination will be diff erent, as follows: 1. The following materials need to be submitted if it is the sound mixing double films: (1) a set of sound mixing double films (If Beta video tapes are used to substitute sound mixing double films and are submitted for examination, they need to be separately submitted to the China Film Administration for approval), and a set of high-defi nition digital tapes for a digital film; (2) in the case of a domestically produced film, the report sheet shall be submitted in quadruplicate for examination; (3) the name list of the main film creators; (4) a report on the English translation of the name of the film (to be generally submitted in advance); (5) opinions on the adaptation of the original work; (6) the contract on joint production (if the film is joint-produced with other partners); (7) a set of completed script (The script, which is called the playscript in full, refers to a script for use in a stage show, movie, or TV series. The content includes the lines that are scheduled to be spoken by all actors in the stage show, movie, or TV series, the performances, and changes in lighting eff ects, ups and downs of background music, etc., which basically belongs to a process script. A“completed script” is the finalized and used playscript); and (8) a Return Receipt on Archival Filing of Film Screenplay (Outline). (already obtained in the project establishment). 2. The following materials need to be submitted if the film carrier is the standard copy: (1) two sets of standard copies (one for the China Film Administration, and the other for China Film Archive); (2) three sets of 1/2 video tapes of the film (four sets in the case of a film produced through Chinese-foreign cooperation), a set of Beta video tapes, a set of Beta advertising tapes and a set of finally mixed 8 track tapes; (3) the technical authentication letter on the standard copies submitted for examination; (4) the music eff ect materials of the film determined to be translated from an ethnic minority's language;(5) three sets of completed script (four sets in the case of a film translated from an ethnic minority language); and (6) relevant stills. The technical examination standards and the materials required to be submitted for the digital films shall be determined according to the relevant provisions of the China Film Administration.

According to the Film Examination Committee of the China Film Administration, the examination procedures diff er according to the materials submitted for examination. Regarding the above situation 1, the Film Examination Committee of the China Film Administration shall, within 20 working days upon receipt of the sound mixing double films and other relevant materials, make an examination decision. If the film is found to be qualifi ed upon examination, the said Committee shall issue a Film Examination Decision and the film leader for a Permit for Public Projection of Films. If, however, the film is found to be unqualifi ed upon examination or requires further amendment, the said Committee shall make explanations in the Film Examination Decision and notify it to the film production entity. Regarding the above situation 2, the Film Examination Committee of the China Film Administration shall, within 10 working days upon receipt of the standard copies and other relevant materials, make an examination decision. If the film is found to be qualifi ed upon examination, the said Committee shall issue a Permit for Public Projection of Films. If, however, the film is found to be unqualifi ed upon examination or requires further amendment, the said Committee shall notify it to the film production entity. If the film is found to be unqualifi ed upon examination and an application needs to be submitted again for examination after amendment, the time limit for examination shall be recalculated.

In addition, some movie examinations are subject to territorial examination by the film administrative department under the people's government of the province, and applications for examination and examination procedures shall be conducted with reference to the above provisions. If the film is found to be qualifi ed by the film administrative department under the people's government of the province upon examination, the said administrative department shall issue a Film Examination Decision and a Technical Authentication Letter on the Standard Copies Submitted for Examination. But the film production entity shall still obtain a Permit for Public Projection of Films at the China Film Administration. The Film Examination Decision, the Technical Authentication Letter on the Standard Copies Submitted for Examination, and the materials that should be provided for the aforementioned film examination shall be provided when obtaining a Permit for Public Projection of Films.

E xamination procedures for the films produced under China-foreign cooperation is slightly diff erent from the general film examination procedures and therefore, it is recommended to seek the guidance of professionals when handling the specifi c procedures in practice. Any film produced under China-foreign cooperation shall, after the administration of film at the provincial level has raised opinions upon the preliminary examination, be submitted to the Films Examination Committee under the administrative department of film of the State Council for examination. Among them, the joint-produced film, after it is examined and held to be up to standards, can obtain the Permit for Public Projection of Films issued by the administrative department of film of the State Council. With respect to any assisted and entrusted film, after it is examined and held to be up to standards, the procedures for the exit thereof may be followed on the strength of the approval document issued by the administrative department of film of the State Council.

According to Instructions for Submitting Films for Examination issued by the China Film Administration, film examination in practice is divided into three steps: preliminary examination, receiving the film front, and the final examination.

1.Preliminary examination of the film. After the filming is completed, the producer shall log in to the Film E-Government Platform on the offi cial website of the China Film Administration, fill in the “Movie Submission” section, and download, print the corresponding files according to the instructions. Materials such as high-defi nition digital program tapes (H DCAM) and the Examination and Approval Form for Domestic Films should be submitted to the provincial film administrative department for examination. Provincial film administrative department or film examination committees shall issue a Film Examination Decision if the film is examined to be qualifi ed; if the examination fails or some modifi cations need to be made, it shall be explained in the Film Examination Decision and Film Examination Opinion Form. After the modifi cation is completed, Film Examination Decision can be issued.

2.Receiving the film front of the Permit for Public Projection of the Film. After the film has been reviewed and approved by the provincial film administrative department, the producer can go through the formalities of obtaining the film front of the Permit for Public Projection of the Film (i.e., Longbiao) in the China Film Administration with the DVD and the Film Examination Decision issued by the provincial film administrative department.

3.Final examination of the film. After receiving the film front of the Permit for Public Projection (i.e., Longbiao), submit the materials such as the D igital Original Film Production Submission Sheet and the digital original film to the China Film Administration for final examination. Those passing the examination shall be issued the Permit for Public Projection of the Film. (All film formats must be added with the film front of Permit for Public Projection of Film (i.e., Longbiao). The film's Chinese name must be marked with English translations. The film should be the final release version and cannot be added the watermark and time mark.) If the film has been technically examined by the provincial film administrative department, the above materials and the basis of technical review shall be sent to the China Film Administration.