V. Initiative of the Plan on the Production of a TV Series through China-Foreign Joint Cooperation

The state shall adopt a licensing system for the production of TV series (including TV cartoons) through China-foreign cooperation. TV series produced through China-foreign cooperation can be divided into three categories like production of film under Chinese-foreign cooperation:joint-production, assisted production and entrusted production. The Provisions on the Administration of Sino-foreign Cooperation in the Production of TV Plays and the official website of the State Administration of Radio and Television only stipulate the application for “TV Series (TV Cartoons) Distribution License” of the joint-production, and does not stipulate the process of assisted production and entrusted production. After consultation, these two types cannot be directly applied for distribution in China.

1．Regulatory Authority

The State Administration of Radio and Television shall be responsible for the administration of the production of TV series (including TV cartoons) through China-foreign cooperation and shall regulate and control the foreign parties, quantities and subjects thereof. A provincial radio and television administrative department shall be responsible for the concrete administration of the production of the TV series (including TV cartoons) through China-foreign cooperation within its administrative area.

2．Process

According to the offi cial website of the State Administration of Radio and Television, the application process can be divided into two types according to the type of subject. Chinese TV series production entities that have applied for the Permit for Production of TV Series (Category A) directly from the State Administration of Radio and Television shall apply for cooperation with foreign parties to produce TV series (including TV cartoons) to the State Administration of Radio and Television; other series production entities applying for cooperation with foreign parties to produce TV series (including TV cartoons) shall submit the application to the State Administration of Radio and Television for approval with the consent of the local provincial radio and television administration.

The approval time limit for diff erent types of cooperation is also different. For the application for a TV series (TV cartoon) by way of China-foreign joint production, the examination and approval authority shall make a decision on whether to permit the shooting within 50 days, of which the expert examination time is 30 days; for the application for a TV series (TV cartoon) by way of China-foreign assisted and entrusted production, the examination and approval authority shall make a decision on whether to permit the shooting, i.e. a “Reply of Approval of Initiative of the Plan” within 20 days.

3．Application conditions (taking joint production of TV series as an example)

According to the requirements of the State Administration of Radio and Television, the applicant should have the following conditions: (1) the Chinese party shall have a Permit for Production of TV Series (Category A); (2) the Chinese party shall simultaneously apply with the State Administration of Radio and Television for an approval of the plan on the subject of the TV series to be produced by way of China-foreign joint production; (3) joint investments are made by both parties including direct investments in currency, and investments by converting labor services, kind or advertising time into money; (4) the main creative elements, such as the preparatory ideas and the writing of screenplay, shall be determined by both parties; (5) both parties shall jointly assign production persons and technicians to participate in the whole process of production. Among the key production persons of the TV series (play-writer, producer, director, main actors and actresses, etc.), the persons assigned by the Chinese party shall not be less than 1/3; and (6) the domestic and overseas copyright of the TV Series shall be jointly owned by both the Chinese and foreign parties.

4．Materials (taking joint production of TV series as an example)

(1) An application; (2) A photocopy of the Permit for Production of TV Series (Category A); (3) The preliminary examination opinions of the provincial radio and television administrative department (excluding the circumstance that a Chinese production institution directly applies with the State Administration of Radio and Television for the Permit for Production of TV Series (Category A); (4) An outline for each episode with at least 5,000 Chinese characters, or a complete screenplay; (5) The name list and resumes of the key production persons (play-writer, producer, director, main actors and actresses, etc.) both home and abroad; (6) The production plan, domestic scenes for shooting and detailed agenda of shooting; (7) The letter of intent for cooperation; and (8) A legal person registration certification of the foreign party (if the foreign party is a natural person, his resume shall be submitted) and certification of credit standing. The examination and approval organ may require the foreign party to submit a notarized foreign third-party guarantee letter.