Enforcement Rules of the Motion Picture Law

The Enforcement Rules of the Motion Picture Law  (1984)  (Republic of China)

information about this edition.  *Promulgated by decree of the Government Information Office in Document (73) Ching Ying I No. 13124 on September 15, 1984. Revision of Appendix III promulgated by decree of the Government Information Office in Document (74) Ching Ying I No. 16498 on December 9, 1985. Revision of Article 14 promulgated by decree of the Government Information Office in Document (80) Ming Ying II No. 00599 on February 23, 1991. Revision of Article 14 promulgated by decree of the Government Information Office in Document (83) Chiang Ying II No. 00002 on January 1, 1994. Revision of Articles 10, 11 and 44 and Appendices I, II, III, IV, and V promulgated by decree of the Government Information Office in Document (83) Chiang Ying I No. 05707 on April 13, 1994. Revision of Articles 10 and 16 and Appendices I, II, III, IV, and V promulgated by decree of the Government Information Office in Document (83) Chiang Ying I No. 20737 on November 30, 1994. Revision of Articles 5, 9, 13, 15, 16, 19, and 37, and Appendices I, II, and V promulgated by decree of the Government Information Office in Document (86) Chi Ying I No. 05034 on April 23, 1997. Revision of Article 14 promulgated by decree of the Government Information Office in Document (86) Wei Ying II No. 11633 on August 20, 1997. Revision of Article 16 promulgated by decree of the Government Information Office in Document (90) Cheng Ying III No. 02885 on March 12, 2001. Revision of Article 17 promulgated by decree of the Government Information Office in Document (91) Sin Ying III No. 06034 on April 3, 2002. Deletion of Article 14 promulgated by decree of the Government Information Office in Document Cheng Ying II No.0910000017 on January 9, 2002.

Chapter 1: General Principles

Article 1

• These Enforcement Rules are stipulated in accordance with Article 57 of the Motion Picture Law (hereinafter referred to as "this Law").

Article 2

• A motion picture possessor as referred to in this Law is the one who is actually in possession of the motion picture. Exhibitors referred to in this Law are those who are in charge of screening motion pictures in institutions, schools and organizations.

Chapter 2: Motion Picture Production Enterprises

Article 3

• When applying for permission to establish a motion picture production enterprise, said enterprise shall meet the requirements and submit the necessary documents as stipulated. (See Appendix I for details.)

Article 4

• The completion of one feature-length film as designated in Article 7 of this Law shall be determined by submitting the film to the central authority in charge for review. In the case of co-productions, each of the participating companies shall be deemed to have completed one feature-length dramatic film when the percentage of its investment in film productions amounts to the equivalent of one feature-length film.

Article 5

• (Deleted)

Article 6

• A foreign film company dispatching a film crew to the Republic of China for location shooting shall meet the following requirements:

1. A photocopy of the certificate of the foreign film company and the shooting script shall be submitted for approval to the ROC diplomatic mission in that country or an institution there that is authorized by the Ministry of Foreign Affairs, which will in turn forward the documents to the central authority in charge for approval.
2. The entry of the film crew and import of the equipment shall be subject to approval by the central authority in charge.

Chapter 3: Motion Picture Distribution Enterprises

Article 7

• When applying for permission to establish a motion picture distribution enterprise, said enterprise shall meet the requirements and submit the necessary documents as stipulated. (See Appendix II for details.)

Article 8

• A motion picture distribution enterprise shall be considered as having distributed one motion picture as stipulated in Article 9 of this Law if it independently obtains the right to distribution, or independently imports the film. In the case of co-distribution, each of the participating companies shall be considered as having distributed one motion picture when the percentage of its investment in the co-distributed films is equivalent to the amount of one motion picture.

Article 9

• (Deleted)

Chapter 4: Motion Picture Screening Enterprises

Article 10

• The application procedure for permission to establish or reconstruct a motion picture screening enterprise is as follows:

1. In filing an application for an establishment permit, one copy each of the certificate of the designation of land use and documentation certifying the enterprise's capitalization, and the original and one photocopy each of documentation certifying the educational background and the identity of the responsible person shall be submitted to the authority in charge in the special municipality, county or city.
2. Upon receiving the establishment permit, an application for a construction license or a license for modified use shall be filed with the local construction authority in accordance with the provisions of the Construction Law.
3. Upon approval of the structure, fire-fighting and sanitary facilities of the screening enterprise by the pertinent local authority, the said enterprise shall, in accordance with the Requirements and Necessary Documents for Permit Application by Motion Picture Screening Enterprises (Appendix III), file an application for a screening permit with the authority in charge in the special municipality, county or city.

• The documentation certifying the educational background and the identity of the responsible person mentioned in the preceding paragraph shall be returned to the applicant after verification by the authority in charge in the special municipality, county or city.

Article 11

• A motion picture screening enterprise whose screening halls are increased, reduced or partitioned shall, upon approval of its structure, fire-fighting and sanitary facilities by the local authority in charge, submit documentation of approval and its screening license when filing an application for the issuance of a new screening license to the authority in charge in the special municipality, county or city.

Article 12

• The authority in charge in a special municipality, county or city shall report the name and address of, and the number of seats in the motion picture screening establishment that has been permitted to be established, to the central authority in charge for reference.

Article 13

• If motion picture screening enterprises jointly screen a motion picture, the enterprises shall submit the screening license prior to screening to the competent special municipality, county or city authority and request a photocopy of the screening license.
• The photocopy of the screening license mentioned in the preceding paragraph shall be stamped with the words: "This photocopied screening license is valid for (theater) until (day, month, year)" together with the seal of the issuing authority. A photocopied screening license without these additions shall be considered null and void.

Article 14

• (Deleted)

Article 15

• Films and slides for promoting government policy and public services shall be produced by the central or local authority in charge in conjunction with the relevant organizations, and shall be provided to motion picture screening enterprises for screening after the playing of the national anthem. The length of each screening shall be three minutes per film showing.

Article 16

• The intermission for cleaning between two screenings shall not be less than ten minutes. The total time for advertisements and film trailers shall not exceed 12 minutes per film showing.

Article 17

• Issues regarding safety, sanitation, and fire prevention at motion picture screening establishments shall be handled by the competent authorities of the locality in accordance with pertinent regulations.

Article 18

• Those who screen motion pictures in accordance with Paragraph 1 of Article 17 of this Law shall not engage in commercial conduct. All exhibitors excluding institutions and schools shall submit a letter explicitly stating the purpose of the screening, the film title, the screening site, the number of screenings, the dates of the first and last screenings, and the estimated number of audience, along with the screening license, to the authority in charge in a special municipality, county or city for approval.

Article 19

• (Deleted)

Article 20

• While enforcing the stipulations of Article 30 of this Law, a motion picture screening enterprise may have its employees ask the audience to produce certificates of age.

Article 21

• A motion picture screening enterprise that engages in illegal actions other than the commercial screening of motion pictures shall be dealt with according to the law by the authority in charge.

Chapter 5: Motion Picture Industrial Enterprises

Article 22

• When applying for permission to establish a motion picture industrial enterprise, said enterprise shall meet the requirements and submit the necessary documents as stipulated. (See Appendix IV for details.)
• Upon receiving a permit in accordance with the preceding paragraph, the motion picture industrial enterprise may then apply for factory registration in accordance with the regulations governing factory registration.

Article 23

• A tax shall be levied on the films, celluloid and other raw materials and equipment that are imported for film production by a motion picture industrial enterprise in accordance with the tariff rates applicable to the motion picture industry. The central authority in charge shall certify that these materials are supplied for film production. They shall be used under its supervision.
• The films referred to in the preceding paragraph includes positive film, negative film, magnetic film, sound track film, and subtitle film.
• The amount consumed and the uses made of the films, celluloid, and other raw materials and equipment which have been certified by the central authority in charge shall be reported monthly to the central authority in charge for reference.

Chapter 6: Motion Picture Industry Workers

Article 24

• When applying for a certificate of registration, a worker in the motion picture industry shall meet the requirements and submit the necessary documents as stipulated. (See Appendix V for details.)

Article 25

• Anyone acting in domestic or domestically-produced motion pictures who meets the following requirements may submit his/her name, sex, age, and occupation to the central authority in charge for the issuance of a certificate of provisional registration.

1. He/she temporarily acts in a motion picture and his/her name shall not be listed as a member of the cast nor in any advertisements or promotional materials of the motion picture.
2. He/she is under the age of 16.

• If the person mentioned in Section (2) of the preceding paragraph is a student, he/she shall also submit an agreement from the school of attendance.

Article 26

• For someone who is not a Republic of China national and who participates in the planning, scripting, directing, or acting of a domestically-produced motion picture, the two preceding Articles shall apply mutatis mutandis.

Chapter 7: Motion Picture Reviews

Article 27

• Motion pictures for which screening licenses should be applied for in accordance with this Law include films, trailers, advertising films and other short films of any format or gauge.

Article 28

• An application for the review of a motion picture shall be filed in accordance with Article 25 of this Law and submitted with the following documents:

1. A membership certificate issued within the past one month by the related guild.
2. In the case of domestic motion pictures, a membership certificate issued within the past one month by a local motion picture organization, or an identification certificate issued by an ROC diplomatic mission abroad or an institution authorized by the ROC Ministry of Foreign Affairs.

• The application form specified in Article 25 of this Law shall be stipulated by the central authority in charge.

Article 29

• Motion pictures shall be reviewed in the order that their applications are received. But films intended for the entertainment of the armed forces, participation in international film exhibitions, or other needs based on government policies shall be given review priority and not be subject to this limitation.
• Certificates issued by the military authority in charge shall be submitted in the review of films intended for the entertainment of the armed forces that is mentioned in the preceding paragraph. The number of such films shall not exceed four per month.

Article 30

• Applicants may, with mutual agreement, apply in accordance with the following provisions for an exchange of their respective places in the order of film review.

1. An application shall be submitted 24 hours before the film is scheduled for review. If the length of the film exceeds 3,000 meters, negotiations shall be made for an exchange of two time slots.
2. Each film is entitled to one exchange only.

• The above provisions shall not be applicable to those films which have been arranged for cutting and revision, for a second review, for the continuation of review, or the review of which has been postponed for some reason.

Article 31

• An applicant who fails to submit a film for review by the deadline prescribed by the central authority in charge shall reapply for review of said film.

Article 32

• Motion pictures that have been reviewed and approved shall receive, within three days, a screening license from the central authority in charge according to the order that approval has been granted.

Article 33

• A motion picture shall be revised as notified within a specified period of time on account of the following. An application for the review of a film shall be rejected if the applicant fails to make the revisions.

1. Inconsistencies in the plot of the film.
2. The content of the film is partially or wholly plagiarized from other dramatic films.

Article 34

• In the event that a motion picture is ordered revised, cut or banned pursuant to Paragraph 2 of Article 26 of this Law, the applicant shall be notified of the reasons.
• An applicant who objects to the notice mentioned in the preceding paragraph may state his reasons and apply for a second review within five days of receiving the notice.
• The applicant may be notified to present his case at the second review session as mentioned in the preceding paragraph.

Article 35

• If the title of a motion picture is found to be inconsistent with the plot or improper in some other way, the central authority in charge may notify the applicant to change the title.

Article 36

• If the copyright or right of distribution is transferred, the transferee shall submit the screening license and agreement of transfer to the central authority in charge and apply for a new license.

Article 37

• If a screening license is lost, an application for the re-issuance of the license shall be filed with the central authority in charge.

Article 38

• The advertisements and promotional materials of a motion picture as referred to in Article 31 of this Law include newspaper and periodical advertisements, billboard advertisements, poster advertisements, still photograph advertisements, and any other advertisements for the motion picture in the form of words or pictures.
• The advertisements and promotional materials of a motion picture as referred to in the preceding paragraph should correspond to the content of the film, and may not contain sex or violence. A mark indicating its rating shall be in the upper right corner. The advertisements and promotional materials shall not be used without the seal of inspection stamped by the central authority in charge. The wording and pictures to be used in newspaper and periodical advertisements, billboard advertisements, and poster advertisements shall be submitted by the production company or distribution company to the central authority in charge for approval before they may be printed.

Article 39

• The projection booth in a motion picture screening establishment shall not be locked during the screening of a film. The responsible person or employees may not use excuses to delay or refuse any inspection by inspecting personnel dispatched by the central authority in charge.
• Motion picture screening enterprises that violate the stipulation in the preceding paragraph shall be dealt with by the authority in charge in accordance with the law.

Article 40

• When a motion picture that has received a screening license is shipped abroad for exhibition, its screening license shall be returned to the central authority in charge. An application shall be filed for the return of the portion or portions of a domestic or foreign film cut by the central authority in charge during its review.
• In the event that the motion picture mentioned in the preceding paragraph is shipped back from abroad while the screening license is still valid, the portion or portions originally cut shall be submitted to the central authority in charge and an application shall be filed for the return of the screening license.

Article 41

• The following motion pictures shall be destroyed by the central authority in charge:

1. Those that are confiscated pursuant to Clause 1 of Article 50 of this Law.
2. Those that have not been returned as prescribed by Clause 2 of Article 50 of this Law and whose screening license has expired.
3. The portion or portions of the motion pictures for which no application has been made for its or their return as provided for in the preceding article, and the screening license of said film has expired.

Chapter 8: Supplementary Provisions

Article 42

• When a motion picture enterprise concurrently engages in the operation of other motion picture enterprises, it shall meet the requirements for the establishment of these other motion picture enterprises.

Article 43

• Any change in the name, address, responsible person, capitalization amount or business of a motion picture enterprise shall be subject to the approval of the authority in charge before an application for the alteration of registration is filed with the commercial authority in charge.

Article 44

• Those motion picture production enterprises, distribution enterprises, and industrial enterprises which were established before the enactment of this Law and which do not conform to the provisions of this Law and its Enforcement Rules shall make corrections and apply for new registrations within the time specified by the central authority in charge. Those that do not make corrections or apply for new registrations within the prescribed time shall have their permits or licenses revoked.
• If the registration of a motion picture screening enterprise or of a screening establishment does not conform to the provisions of this Law and its Enforcement Rules, it shall apply with the central authority in charge for new registration or improve its screening facility according to the mandated standard within the time specified by the central authority; otherwise its original permit or license shall be revoked.

Article 45

• These Enforcement Rules shall come into force on the day of their promulgation.

Appendix I: Requirements and Necessary Documents for Permit Application by Motion Picture Production Enterprises

1. Requirements: (1) Paid-in capital of no less than NT$7,500,000. (2) An exclusive place of business no less than 16 square meters in area. 2. Necessary Documents: (1) The original and one photocopy of documentation certifying the educational background of the responsible person (The original will be returned after verification.) (2) One photocopy of documentation certifying the identity of the responsible person. (3) One copy of documentation certifying the enterprise's capitalization. (4) One copy of the floor plan of the place of business, or one copy of the lease if the site is rented.

Appendix II: Requirements and Necessary Documents for Permit Application by Motion Picture Distribution Enterprises

1. Requirements: (1) Paid-in capital of no less than NT$1,000,000. (2) An exclusive place of business no less than 16 square meters in area. (3) A film storehouse no less than 10 square meters in area. 2. Necessary Documents: (1) The original and one photocopy of documentation certifying the educational background of the responsible person (The original will be returned after verification.) (2) One photocopy of documentation certifying the identity of the responsible person. (3) One copy of documentation certifying the enterprise's capitalization. (4) One copy each of the floor plan of the place of business and of the film storehouse.

Appendix III: Requirements and Necessary Documents for Permit Application by Motion Picture Screening Enterprises

1. Requirements: (1) Paid-in capital of no less than NT$5,000,000. (2) The structure, fire-fighting and sanitary facilities shall be inspected and approved by the local authority in charge. (3) Central air conditioning facilities shall be installed to control the temperature, humidity, and ventilation. (4) The screen shall be good for films of any gauge and format. It shall be free from such problems as change in color, unevenness, and vibration. (5) The audio system shall provide high-fidelity sound, have distinctive levels of sound volume, and be free from echo or loss of sound. 2. Necessary Documents: (1) The original and one photocopy of documentation certifying the educational background of the responsible person. (The original will be returned after verification.) (2) One photocopy of documentation certifying the identity of the responsible person. (3) Four copies of the floor plan of the place of business operation. (4) One copy of the certificate of land ownership, or one copy of the agreement for the use of the building. (5) One copy of documentation certifying the enterprise's capitalization. (6) One copy of documentation certifying the inspection and approval of the structure, fire-fighting and sanitary facilities.

Appendix IV: Requirements and Necessary Documents for Permit Application by Motion Picture Industrial Enterprises

1. Requirements: (1). For the Film Studio: a. Paid-in capital of no less than NT$45,000,000. b. A shooting studio with subsidiary facilities. c. More than two sets of 35mm cameras with various lenses and accessories. d. One set each of equipment for film shooting and machinery for making props and sets. 5) An administrative and technical staff of no fewer than twenty. (2) For the Film Processing Laboratory: a. Paid-in capital of no less than NT$18,000,000. b. Clean water supply facilities. c. Ventilation and air conditioning facilities. d. More than one set each of developing and printing machines. e. More than one set each of ultrasonic film cleaning machine. f. One set each of color separating analyzer and tape punch. g. More than one set each of 16mm and 35mm film projectors. h. One set each of editing, contact printing and splicing machines. i. One set each of apparatus and solution-making facilities for the test room. j. An administrative and technical staff of no fewer than twenty. (3) For the Sound Recording Studio: a. Paid-in capital of no less than NT$9,000,000. b. More than one recording room with soundproof facilities. c. More than one set each of recorders of various types. d. A console. e. One set each of 16mm and 35mm film projectors. f. Ventilation and air conditioning facilities. g. An administrative and technical staff of no fewer than five. (4) For the Animated Film Studio: a. Paid-in capital of no less than NT$9,000,000. b. A drafting room, film shooting room, and planning room with their respective facilities. c. More than one camera for animated films. d. One editing machine. e. More than one set of animation video recorders. f. Ventilation and air conditioning facilities. g. An administrative and technical staff of no fewer than ten. (5) General Requirements of All Establishments: The area of the place of business operation, the structure, fire-fighting, sanitary and security facilities shall be in compliance with the relevant regulations. 2. Necessary Documents: (1) The original and one photocopy of documentation certifying the educational background of the responsible person. (The original will be returned after verification.) (2) One photocopy of documentation certifying the identity of the responsible person. (3) One copy of documentation certifying the enterprise's capitalization. (4) One copy of the floor plan of the place of business operation indicating its area. (5) One copy of the inventory of machines and equipment. (6) One copy each of the organizational chart of the administrative and technical staff and list of staff members.

Appendix V: Requirements and Necessary Documents for the Registration of Workers in the Motion Picture Industry

Category: Production Titles: Producer, Assistant Producer, Production Planning, Executive Producer, Unit Manager, Assistant Unit Manager Requirements: One of the following must be met: 1) college or university graduate with major in related discipline, 2) over six months of training from training institute accredited by competent central authority, 3) over three years of practical experience in motion picture production, 4) special talent in film production that has been recognized officially or by related business groups. Necessary Documents: 1) application, one copy; 2) photocopy of documentation certifying identity; 3) documentation certifying credentials; 4) two recent one-inch bust photographs taken without a hat. Category: Scripting and Directing Titles: Director, Scriptwriter, Deputy Director, Assistant Director, Script Supervisor Requirements: One of the following must be met: 1) college or university graduate with major in related discipline, 2) over six months of training in script writing or directing from training institute accredited by competent central authority, 3) over three years of practical experience in the motion picture industry, 4) special talent in scripting or directing that has been recognized officially or by related business groups. Necessary Documents: See Necessary Documents under the Production category. Category: Acting Titles: Actor, Actress Requirements: One of the following must be met: 1) college or university graduate with major in related discipline, 2) over six months of training in acting from training institute accredited by competent central authority, 3) experience in playing a main or supporting role in a domestic or foreign film and the performance of which has been recognized officially or by related business groups. Necessary Documents: See Necessary Documents under the Production category. Category: Art Titles: Art Director, Art Designer, Costume Designer, Film Music Composer, Set Designer, Art Designer, Set Decorator, Prop Designer, Prop Manager, Wardrobe Manager, Special Effects Specialist, Story Board Designer, Scene Designer, Model Designer, Layout Designer, Animator, Assistant Animator, Background Designer, Animation Supervisor and other art-related workers Requirements: One of the following must be met: 1) college or university graduate with major in related discipline, 2) over six months of professional training in art or technique from training institute accredited by competent central authority, 3) over three years of practical experience in the motion picture industry, 4) special artistic or technical talent that has been recognized officially or by related business groups. Necessary Documents: See Necessary Documents under the Production category. Category: Technical Titles: Director of Photography, Cameraman, Assistant Cameraman, Lighting Director, Lighting Technician, Recording Engineer, Recording Assistant, Dubbing Technician, Dubbing Director, Effects Specialist, Film Editor, Assistant Film Editor, Film Projectionist, Make-up Artist, Assistant Make-up Artist, Hair Stylist, Film Developing Technician, Assistant Film Developing Technician, Visual Effects Technician, Assistant Visual Effects Technician, Film Printer, Analyst, Assistant Analyst, other technical workers, Set Supervisor Requirements: See Requirements under the Art category. Necessary Documents: See Necessary Documents under the Production category.

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