1. Domestic social organizations, enterprises and institutions with independent legal personality (excluding wholly foreign-owned enterprises or Sino-foreign joint ventures and cooperative enterprises established in China), with organization names, organizations and articles of association that conform to the provisions of national laws and regulations;
2. Having radio and television and related professionals, funds and workplaces that meet the needs of business scope, in which the registered capital of the enterprise is not less than 3 million yuan;
3. Within three years before the date of application, the legal representative has no record of violation of laws and regulations or the institution has no record of revocation of the production and operation license of radio and television programs;
4. Other conditions stipulated by laws and administrative regulations.
Two. Declaration procedure
1. Acceptance: The applicant shall submit the application materials according to the catalogue of application materials, which shall be complete and conform to the legal form.
2. Review: the application materials are complete and conform to the statutory form, and the applicant meets the statutory administrative licensing conditions.
3. Decision: The criteria are the same as the review criteria.
4. Check and notify delivery:
A, the application documents and their attachments are complete, standardized and effective, the legal documents should be complete, correct and effective, and the documents should be delivered and filed in a timely, accurate and complete manner.
B, inform should be timely, accurate and comprehensive, listen to the statements and arguments of the applicant.
Three. Application material
1, application report;
2, the articles of association of radio and television program production and operation institutions;
3, "radio and television program production and operation license" application form;
4, the main personnel materials:
(1) Identity certificate (photocopy) and resume of the legal representative;
(2) Resumes and achievements of key management personnel (not less than three) or certificates of participation in relevant professional training.
5. Registered capital or capital verification certificate;
6. Proof of office space;
7. The business license of the enterprise or institution or the enterprise name approved by the administrative department for industry and commerce.
Four: TV drama license processing
A TV series is produced by an institution that holds a License for the Production and Operation of Radio and Television Programs, a TV station at or above the prefecture level (including radio and television stations and radio and film groups) and a film production institution that holds a Film Production License, but a TV Production License must be obtained separately in advance.
1, TV production license is divided into TV production license (b) and TV production license (a), which are uniformly printed by the State Administration of Radio, Film and Television.
The TV production license (Class B) is limited to the repertoire indicated in the license, and the validity period shall not exceed 180 days. Under special circumstances, it may be extended appropriately with the approval of the issuing authority.
The validity period of TV drama production license (A) is two years. Before the expiration of the validity period, it is valid for all TV dramas produced by the licensee.
2. TV drama production license (B) issued by the administrative department of radio and television at or above the provincial level. Among them, the central units in Beijing and their directly affiliated institutions directly apply to the State Administration of Radio, Film and Television, and other institutions apply to the local radio and television administrative departments, and report to the provincial radio and television administrative departments for examination and approval after gradual review.
3、? To apply for a TV drama production license (B), the applicant shall submit the following application materials:
(1) An application report;
(2) Application registration form for TV drama production license (Class B);
(three) a copy of the approval document of the SARFT theme planning project;
(4) power of attorney for screenwriter;
(5) A copy of the contract or letter of intent signed by the applicant with the producers, directors, cameramen, main actors and other creative personnel and cooperative institutions (investment institutions). Among them, if overseas creative personnel are hired to participate in the production, a copy of the approval document of the State Administration of Radio, Film and Television is also required;
(six) "radio and television program production and operation license" (copy) or the corresponding qualification certificate of TV station and film production institution;
(seven) the certificate issued by the production fund holder.
4. The provincial radio and television administrative department shall report the distribution to the State Administration of Radio, Film and Television for the record within one week after issuing the TV drama production license (B).
5. If a TV drama production institution has completed the production of more than six single dramas or more than three series (more than three episodes/department) within two consecutive years, it may apply to SARFT for TV drama production license (Class A qualification) according to the procedure.
6. To apply for a TV production license (Class A), the applicant shall submit the following application materials:
(1) An application report;
(two) the "TV production license" application form;
(3) TV drama production license applied for in the last two years (B) (copy);
(4) The list of TV dramas produced in the last two years with TV drama production license (b) and the corresponding TV drama distribution license (copy).
7. TV drama production license (1) After the expiration of the validity period, if the licensee applies for an extension, it will be granted if it meets the provisions of Article 17 of these Provisions and there is no record of violation; Do not meet the above conditions, no extension.
8. Domestic radio and television broadcasting institutions, radio and television program production and operation institutions cooperate with overseas institutions to produce radio and television programs, and report to SARFT in accordance with relevant regulations.
Extended data
Decree No.34 of the State Administration of Radio, Film and Television
The Regulations on the Administration of Radio and Television Program Production and Operation, which was adopted at the executive meeting on June 15, 2004, is hereby promulgated and shall come into force as of August 20, 2004.
Chapter I General Principles
Article 1 In order to adhere to the correct orientation of radio and television programs, promote the prosperity and development of radio and television program production industry, and serve the construction of socialist material civilization and spiritual civilization, these Provisions are formulated in accordance with relevant state laws and regulations.
Article 2 These Provisions shall apply to the establishment of radio and television program production and operation institutions or the production of radio and television programs such as special topics, columns, variety shows, cartoons, radio dramas and TV dramas, and the activities such as program copyright trading and trading agency.
The establishment and business activities of institutions specializing in the production of radio and television advertising programs shall be governed by the Advertising Law and other relevant laws and regulations.
Article 3 The State Administration of Radio, Film and Television (hereinafter referred to as the State Administration of Radio, Film and Television) is responsible for formulating the development plan, layout and structure of the national radio and television program production industry, and managing, guiding and supervising the national radio and television program production and operation activities.
Local radio and television administrative departments at or above the county level shall be responsible for the management of radio and television program production and business activities within their respective administrative areas.
Article 4 The State applies a licensing system to the establishment of institutions for the production and operation of radio and television programs or the production and operation activities of radio and television programs.
The establishment of a radio and television program production and operation institution or engaging in radio and television program production and operation activities shall obtain a radio and television program production and operation license.
Article 5 The State encourages domestic social organizations, enterprises and institutions (excluding wholly foreign-owned enterprises and Sino-foreign joint ventures established in China) to set up radio and television program production and operation institutions or engage in radio and television program production and operation activities.
Chapter II Licensing of Program Production and Operation
Article 6 An application for a license for the production and operation of radio and television programs shall conform to the relevant national development plan, layout and structure of the radio and television program production industry, and meet the following conditions:
(1) Having the qualification of an independent legal person, and having the name, organization and articles of association of the institution that conform to the provisions of national laws and regulations;
(2) Having radio and television and related professionals, funds and places suitable for the business scope, of which the registered capital of the enterprise is not less than 3 million yuan;
(3) The legal representative has no record of violation of laws and regulations within three years before the date of application, or the institution has no record of revocation of the production and operation license of radio and television programs;
(4) Other conditions stipulated by laws and administrative regulations.
Article 7 To apply for the License for Production and Operation of Radio and Television Programs, the applicant shall submit the following materials to the examination and approval authority at the same time:
(1) An application report;
(two) the articles of association of the radio and television program production and operation institution;
(3) An application form for the production and operation license of radio and television programs;
(four) the main personnel materials:
1. Identity certificate (photocopy) and resume of the legal representative;
2 resumes, achievements or relevant professional training certificates of key management personnel (not less than 3 persons).
(5) Registered capital or capital verification certificate;
(six) proof of office space;
(seven) the business license of the enterprise or institution or the name of the enterprise approved by the administrative department for industry and commerce.
Eighth central units in Beijing and their directly affiliated institutions to apply for the "radio and television program production and operation license", submitted to the State Administration of Radio, Film and Television for examination and approval; Other institutions to apply for the "radio and television program production and operation license", apply to the local radio and television administrative department, after the audit step by step, reported to the provincial radio and television administrative department for examination and approval.
The examination and approval authority shall make a decision of approval or disapproval within 20 working days from the date of receiving the complete application materials. In accordance with the provisions of Article 6 and Article 7 of these Provisions, the applicant shall be issued a license for the production and operation of radio and television programs; In case of disapproval, the reasons for disapproval shall be explained in writing to the applicant.
The provincial radio and television administrative department shall, within 1 week from the date of making the decision of approval or disapproval, report the approval to SARFT for the record.
The License for Production and Operation of Radio and Television Programs shall be uniformly printed by the State Administration of Radio, Film and Television. The validity period is 2 years.
Article 9 An enterprise that has obtained the License for the Production and Operation of Radio and Television Programs upon approval shall go through the formalities of registration or industrial and commercial change at the administrative department for industry and commerce with the license.
Article 10 Where an institution that has obtained a radio and television program production and operation license needs to establish a radio and television program production and operation branch with independent legal person status in other provinces, autonomous regions and municipalities directly under the Central Government, it must apply for a radio and television program production and operation license to the provincial radio and television administrative department where the branch is located in accordance with the provisions of Article 7 of these Provisions, and file it with the original examination and approval authority;
The establishment of a branch without independent legal personality does not require a separate application for a radio and television program production and operation license.
Eleventh radio stations and television stations established according to law do not need to apply for a Radio and Television Program Production and Operation License to produce and operate radio and television programs.
Chapter IV Management
Twenty-first institutions that have obtained the license for the production and operation of radio and television programs shall carry out business activities in strict accordance with the production and business scope approved by the license.
Radio and television current affairs news and similar topics, columns and other programs can only be produced by radio and television broadcasters, and other institutions that have obtained the Radio and Television Program Production and Operation License shall not produce current affairs news and similar topics, columns and other radio and television programs.
Article 22 The production and business activities of radio and television programs must abide by the laws, regulations and relevant policies of the state. It is forbidden to produce and run programs containing the following contents:
(1) Opposing the basic principles set by the Constitution;
(2) endangering national unity, sovereignty and territorial integrity;
(3) divulging state secrets, endangering state security or damaging state honor and interests;
(4) Inciting national hatred and discrimination, undermining national unity and infringing on national customs and habits;
(5) propagating cults and superstitions;
(6) Disrupting social order and undermining social stability;
(7) Propagandizing obscenity, gambling, violence or abetting crimes;
(8) Insulting or slandering others and infringing upon their legitimate rights and interests;
(nine) endangering social morality or national excellent cultural traditions;
(ten) there are other contents prohibited by laws, administrative regulations and state regulations.
Twenty-third major revolutionary historical TV series, theoretical literature and television feature films and other radio and television programs shall be produced in accordance with the relevant provisions of the State Administration of Radio, Film and Television.
Twenty-fourth the distribution and broadcasting of TV dramas, cartoons and other radio and television programs shall obtain the corresponding distribution license.
Twenty-fifth radio and television broadcasting institutions shall not broadcast TV dramas and cartoons produced by institutions that have not obtained the production and operation license and distribution license of radio and television programs.
Article 26 It is forbidden to alter, lease, transfer, sell or forge the License for Production and Operation of Radio and Television Programs and the License for Production of TV Series in any way.
Article 27 If the name, legal representative, address and articles of association of the production organization specified in the License for Production and Operation of Radio and Television Programs and the License for Production of TV Series (A) change, the licensee shall report the change to the original issuing authority for approval; To terminate the production and business activities of radio and television programs, it shall go through the cancellation procedures at the original issuing authority within 1 week.
Twenty-eighth "radio and television program production license" and "TV drama production license" by the State Administration of radio, film and television to the public.
Chapter V Punishment Rules
Twenty-ninth in violation of the provisions, shall be punished in accordance with the regulations on the administration of radio and television. If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Supplementary Provisions
Thirtieth these Provisions shall come into force as of August 20, 2004. Interim Provisions of the Ministry of Radio, Film and Television on the Administration of Film and Television Production and Operation Institutions (OrderNo. 16 of the Ministry of Radio, Film and Television), Regulations on the Administration of TV Drama Production License (OrderNo. 17 of the Ministry of Radio, Film and Television) and Detailed Rules for the Implementation of the Access System for Radio and Television Program Production and Distribution Industry of the State Administration of Radio, Film and Television (Trial) (Guangfa Office [200 1
References:
Baidu Encyclopedia: Regulations on the Production, Operation and Management of Radio and Television Programs