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Home Living in China Chinese Law Regulations Concerning Foreign Journalists and Permanent Offices of Foreign Media Organizations
Regulations Concerning Foreign Journalists and Permanent Offices of Foreign Media Organizations
Chinese Law
Regulations Concerning Foreign Journalists and Permanent Offices of Foreign Media Organizations
《外国记者和外国常驻新闻机构管理条例》
(Decree No. 47 of the State Council)

 
Article 1: The present Regulations are formulated for the purpose of promoting international exchanges and the dissemination of information and regulating the activities in China of foreign journalists and permanent offices of foreign media organizations so as to facilitate their journalistic work.

Article 2: The present Regulations shall apply to resident foreign journalists, foreign reporters for short-term news coverage (both of whom are referred to as foreign journalists) and permanent offices of foreign media organizations.

Resident foreign journalists refer to the career journalists dispatched by foreign media organizations, in accordance with the present Regulations, to be stationed in China for more than six months for news coverage and reporting.

Foreign reporters for short-term news coverage refer to the career journalists who come to China and stay for six months or less for news coverage and reporting in accordance with the present Regulations.

Permanent offices of foreign media organizations refer to branch offices with one or more staff members established in China by foreign media organizations for news coverage and reporting in accordance with the present Regulations.

Articles 3: The Government of the People's Republic of China shall protect according to law the legitimate rights and interests of foreign journalists and of the permanent offices of foreign media organizations and provide them with facilities for their normal journalistic activities.

Foreign journalists and permanent offices of foreign media organizations must abide by the laws and regulations of the People's Republic of China.

Article 4: The Ministry of Foreign Affairs of the People's Republic of China (hereinafter referred to as the Foreign Ministry) is the competent authority in charge of the foreign journalists and the permanent offices of foreign media organizations in China.

Article 5: Foreign media organizations wishing to send resident journalists to China shall submit their applications to the Information Department of the Foreign Ministry (hereinafter referred to as the Information Department). Their applications shall be signed by heads of their respective headquarters and shall contain the following elements and papers:

1.)Basic facts about the media organization concerned;

2.)The name, sex, age, nationality, position, curriculum vitae and the place of intended residence of the journalist to be sent; and

3.)The career journalist certificate of the said journalist.

In case of one resident journalist to be sent by two or more foreign media organizations, these agencies shall submit separate applications according to the provisions of the preceding paragraph and indicate in their respective applications the posts held concurrently by the said journalist.

Article 6: Upon approval of the application, the resident foreign journalist to be sent shall, within 7 days of his/her arrival in China, register with the Information Department on presentation of an appointment letter signed by head of the headquarters of the said media organization and his/her passport, and obtain his/her Foreign Journalist Card.

Resident foreign journalists to reside in places beyond Beijing shall, within 7 days of their arrival in China, go through the procedures as prescribed by the preceding paragraph at the relevant foreign affairs offices of the local people's governments entrusted by the Information Department (hereinafter referred to as the authorities entrusted by the Information Department).

Article 7: Foreign media organizations shall apply to the Information Department in order to set up their permanent offices in China. Their applications shall be signed by their legal representatives and shall contain the following elements and papers:

1.)Basic facts about the media organization concerned;

2.)The name of the office to be set up in China, the place of intended residence, business scope, number of staff, and the name, sex, age, nationality, position and c. v. of the head of the office and other members; and

3.)A copy of the registration certificate of the said media organization issued by its home country.

Article 8: Upon approval of the application, head of the permanent office to be set up shall, within 7 days of his/her arrival in China, register with the Information Department on presentation of an appointment letter signed by the legal representative of the foreign media organization concerned and his/her passport and the passports of other members, and obtain the Certificate for Permanent Office of Foreign Media organization in China.

Head of a permanent office of a foreign media organization in a place beyond Beijing shall, within 7 days of his/her arrival in China, go through the procedures as prescribed by the preceding paragraph at the authorities entrusted by the Information Department.

Article 9: If a foreign media organization wishes to send an acting journalist in the absence of its resident journalist in China for a period of more than one month and less than six months, head of the agency's headquarters shall in advance submit to the Information Department or the authorities entrusted by it a written application plus a document containing the name, sex, age, nationality, position, c. v. of the acting journalist and his/her career journalist certificate. The acting journalist may not engage in journalistic activities unless he/she obtains approval and the necessary documents.

Article 10: Resident foreign journalists shall apply to the Information Department or the authorities entrusted by it for examination and renewal of their Foreign Journalist Cards once every full year. Whoever fails to go through such procedure 30 days after the prescribed time without valid reasons will automatically forfeit his/her status of resident foreign journalist.

A permanent office of a foreign media organization shall submit an application to the Information Department for any replacement of its head, change in the size of its staff and other important changes, and upon approval, go through the necessary procedures accordingly.

Article 11: For foreign journalists wishing to come to China to cover a visit by head of state or government or foreign minister of a country, the Ministry of Foreign Affairs of that country shall apply in advance to the Chinese Foreign Ministry for approval on their behalf.

Article 12: Foreign reporters or journalist groups who wish to come to China for news coverage on a short-term basis shall file applications to a Chinese embassy or consulate abroad or to the departments concerned in China. Upon approval, the said reporters or groups shall go through the procedures for visas at a Chinese embassy or consulate abroad or a visa-issuing organ authorized by the Foreign Ministry.

Foreign reporters or journalist groups that are invited by a Chinese organization for short-term news coverage in China shall apply for visas at a Chinese embassy or consulate abroad or a visa-issuing organ authorized by the Foreign Ministry on presentation of an invitation letter or cable.

Article 13: A Chinese host organization shall be responsible for the arrangements of the short-term news coverage activities in China by foreign journalists and render them assistance in this regard.

Foreign reporters for short-term news coverage shall obtain permission from their host organization for news coverage on extended stay in China with valid reasons and shall go through formalities for extension of their visas in accordance with the relevant regulations.

Article 14: Foreign journalists and permanent offices of foreign media organizations shall conduct journalistic activities within the scope of business as registered or within the mutually agreed plan for news coverage.

Foreign journalists and permanent offices of foreign media organizations shall observe journalistic ethics and shall not distort facts, fabricate rumors or carry out news coverage by foul means.

Foreign journalists and permanent offices of foreign media organizations shall not engage in activities which are incompatible with their status or tasks, or which endanger China's national security, unity or community and public interests.

Article 15: Foreign journalists shall apply for approval through the Information Department to interview top leaders of China, and shall apply to the relevant foreign affairs departments for approval for news coverage regarding China's government departments or other departments.

Foreign journalists shall obtain in advance permission from the foreign affairs office of the people's government of a province, autonomous region or municipality directly under the Central Government for news coverage in an open area in China. They shall submit a written application to the Information Department for permission to cover news in a non-open area in China. Upon approval, they shall go through formalities for travel documents from the relevant public security organ.

Article 16: Resident foreign journalists and permanent offices of foreign media organizations shall rent living and office spaces in accordance with the relevant Chinese regulations.

Resident foreign journalists and permanent offices of foreign media organizations may employ Chinese citizens as staff members or service personnel through local foreign affairs service departments, and employ citizens of their home country or a third country as staff members or service personnel subject to approval from the Information Department.

Article 17: Foreign journalists and permanent offices of foreign media organizations shall not install transceivers or satellite communications facilities in China. They shall apply to the competent telecommunications department of the Chinese Government for approval to use walkie-talkie or similar facilities.

Foreign reporters for short-term news coverage in China shall apply to the Foreign Ministry for approval to carry with them or install satellite communications facilities for special reasons.

Article 18: Resident foreign journalists shall notify in writing the Information Department of their departure 30 days before they leave their posts and have their Foreign Journalist Cards cancelled in the Information Department or the authorities entrusted by it before their departure from China. A permanent office of a foreign media organization in China shall notify the Information Department of its closure 30 days beforehand and, after closure, hand in the Certificate for Permanent Office of Foreign Media organization to the Information Department or the authorities entrusted by it for cancellation.

Article 19: In case of violation of the present Regulations by foreign journalists or permanent offices of foreign media organizations in China, the Information Department may, on the merits of each case, give them warning, suspend or stop their journalistic activities in China, or revoke their Foreign Journalist Cards or Certificate for Permanent Office of Foreign Media organization.

Cases involving violations of the "Law of the People's Republic of China on Control of the Entry and Exit of Aliens" or other laws and regulations shall be dealt with by the competent Chinese authorities according to law.

Article 20: Foreigners and foreign agencies other than the foreign journalists and permanent offices of foreign media organizations as specified in the present Regulations shall not engage in journalistic activities in China. Appropriate penalties shall be meted out to any violators by the Chinese public security organs in the light of the extent of seriousness of each case.

Article 21: The power to interpret the present Regulations is vested in the Ministry of Foreign Affairs of the People's Republic of China.

Provinces, autonomous regions and municipalities directly under the Central Government may formulate specific implementation measures in accordance with the present Regulations.

The present Regulations shall come into force on the day of its promulgation. The Provisional Regulations of the State Council of the People's Republic of China Concerning Resident Journalists of Foreign Media organizations promulgated by the State Council on 9 March 1981 shall expire as of the same day.

《外国记者和外国常驻新闻机构管理条例》
2006/12/31
(国务院令第47号)

  第一条 为了促进国际交往和信息传播,管理外国记者和外国常驻新闻机构在中国境内的活动,便利其开展业务,制定本条例。

  第二条 本条例适用于外国常驻记者、外国短期采访记者(外国常驻记者和外国短期采访记者统称外国记者)和外国常驻新闻机构。

  外国常驻记者,是指依照本条例由外国新闻机构派遣常驻中国六个月以上、从事新闻采访报道业务的职业记者。

  外国短期采访记者,是指依照本条例来中国六个月以内、从事新闻采访报道业务的职业记者。

  外国常驻新闻机构,是指依照本条例由外国新闻机构在中国境内设立,从事新闻采访报道业务并有一名或者一名以上人员的分支机构。

  第三条 中华人民共和国政府依法保障外国记者和外国常驻新闻机构的合法权益,并为其正常业务活动提供方便。

  外国记者和外国常驻新闻机构必须遵守中华人民共和国的法律、法规。

  第四条 中华人民共和国外交部(以下简称外交部)是外国记者和外国常驻新闻机构的主管部门。

  第五条 外国新闻机构派遣常驻记者,应当向外交部新闻司(以下简称新闻司)提出申请。申请书应当由该机构总部负责人签署,并包括以下内容和文件:

  (一)该新闻机构基本情况;

  (二)派遣记者的姓名、性别、年龄、国籍、职别、履历、常驻地区;

  (三)派遣记者的职业记者证明文件。

  两个或者两个以上外国新闻机构派遣同一名常驻记者的,应当依照前款规定分别履行申请手续,并在各自申请书中注明该记者所兼任的记者身份。

  第六条 派遣常驻记者的申请经批准后,该记者应当在抵达中国后七天内,持该机构总部负责人签署的委任书和本人护照,到新闻司办理注册手续,领取《外国记者证》。

  驻北京以外地区的外国常驻记者,应当在抵达中国后七天内,到新闻司委托的地方人民政府外事办公室(以下简称新闻司委托的机关)办理前款规定的手续。

  第七条 外国新闻机构设立常驻新闻机构,应当向新闻司提出申请。申请书应当由该机构法定代表人签署,并包括以下内容和文件:

  (一)该新闻机构基本情况;

  (二)在中国境内设立机构的名称、常驻地区、业务范围、人数、负责人及其他人员的姓名、性别、年龄、国籍、职别、履历;

  (三)该新闻机构本国注册证书副本。

  第八条 设立常驻新闻机构的申请经批准后,该常驻新闻机构负责人应当在抵达中国后七天内,持外国新闻机构法定代表人签署的委任书和本人及其他人员的护照到新闻司办理注册手续,领取《外国常驻新闻机构证》。

  驻北京以外地区的外国常驻新闻机构,其负责人应当在抵达中国后七天内,到新闻司委托的机关办理前款规定的手续。

  第九条 外国常驻记者离开中国一个月以上六个月以内,其派遣机构要求派遣代任记者的,应当由该机构总部负责人事先向新闻司或者新闻司委托的机关提出书面申请,并附具代任记者的姓名、性别、年龄、国籍、职别、履历和职业记者的证明文件。代任记者经批准并办理证件后,方可从事业务活动。

  第十条 外国常驻记者应当每满一年到新闻司或者新闻司委托的机关办理一次《外国记者证》送验、延期手续。无正当理由逾期30天不办理送验、延期手续的,自行丧失外国常驻记者资格。

  外国常驻新闻机构更换负责人、增减人员或者作其他重大变更,应当向新闻司提出申请,经批准并办理变更注册手续。

  第十一条 外国记者随国家元首、政府首脑或者外交部长来中国访问,应当由该国外交部事先统一向中国外交部申请并经批准。

  第十二条 外国短期采访记者、记者团组到中国采访报道,应当向中国驻外使领馆或者中国国内有关部门提出申请,经批准后,到中国驻外使领馆或者外交部授权的签证机关办理签证。

  应中国国内单位邀请的外国短期采访记者、记者团组,应当持邀请函电到中国驻外使领馆或者外交部授权的签证机关办理签证。

  第十三条 外国短期采访记者在中国境内的采访活动由接待单位负责安排、提供协助。

  外国短期采访记者因正当理由需要延长采访时间的,须经接待单位同意并按规定办理延长签证手续。

  第十四条 外国记者和外国常驻新闻机构应当在注册的业务范围或者商定的采访计划内进行业务活动。

  外国记者和外国常驻新闻机构应当遵守新闻职业道德,不得歪曲事实、制造谣言或者以不正当手段采访报道。

  外国记者和外国常驻新闻机构不得进行与其身份和性质不符或者危害中国国家安全、统一、社会公共利益的活动。

  第十五条 外国记者采访中国的主要领导人,应当通过新闻司提出申请,并经同意;外国记者采访中国的政府部门或者其他单位,应当通过有关外事部门申请,并经同意。

  外国记者赴中国开放地区采访,应当事先征得有关省、自治区、直辖市人民政府外事办公室同意;赴中国非开放地区采访,应当向新闻司提出书面申请,经批准并到公安机关办理旅行证件。

  第十六条 外国常驻记者和外国常驻新闻机构应当依照中国的有关规定,租用房屋设立办公场所。

  外国记者和外国常驻新闻机构通过当地外事服务单位可以聘用中国公民担任工作人员或者服务人员;聘用本国或者第三国公民担任工作人员或者服务人员,须经新闻司同意。

  第十七条 外国记者和外国常驻新闻机构不得在中国境内架设无线电收发信机和安装卫星通信设备;在中国境内使用对讲机及类似通信设备,须向中国政府通信主管部门提出申请,并经批准。

  外国短期采访记者因特殊情况,需要携带和安装卫星通信设备,须向外交部提出申请,并经批准。

  第十八条 外国常驻记者应当于离任前30天书面通知新闻司,并在离境前到新闻司或者新闻司委托的机关注销《外国记者证》。外国常驻新闻机构应当于关闭前30天通知新闻司,并在关闭后到新闻司或者新闻司委托的机关缴销《外国常驻新闻机构证》。

  第十九条 外国记者和外国常驻新闻机构违反本条例规定的,新闻司可以视情节,予以警告、暂停或者停止其业务活动、吊销《外国记者证》或者《外国常驻新闻机构证》。

  违反《中华人民共和国外国人入境出境管理法》或者其他法律、法规的,由中国有关主管机关依法处理。

  第二十条 除本条例规定的外国记者和外国常驻新闻机构外,其他外国人和机构不得在中国境内从事新闻业务活动,违者由中国机关视情节予以相应处罚。

  第二十一条 本条例由外交部负责解释。

  省、自治区、直辖市可以根据本条例,制定实施办法。

  第二十二条 本条例自发布之日起施行。一九八一年三月九日国务院发布的《中华人民共和国国务院关于管理外国新闻机构常驻记者的暂行规定》同时废止。

  (一九九0年一月十九日发布实施)



 

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