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Regulations Concerning Foreign Journalists and Permanent Offices of Foreign News Agencies
2003-04-17 10:49:01 GDFAO

January,1990

(Translation)

Decree of the State Council of the People's Republic of China, No.47

The Regulations Concerning Foreign Journalists and Permanent Offices of Foreign News Agencies were adopted by the 53rd Executive Meeting of the State Council on 11 January 1990 and is hereby issued for implementation.

Li Peng

Premier

19 January 1990

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 news agencies so as to facilitate their journalistic work.

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

Resident foreign correspondents refer to the career journalists dispatched by foreign news agencies, 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 news agencies refer to branch offices with one or more staff members established in China by foreign news agencies for news coverage and reporting in accordance with the present Regulations.

Article 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 news agencies and provide them with facilities for their normal journalistic activities.

Foreign journalists and permanent offices of foreign news agencies 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 news agencies in China.

Article 5 Foreign news agencies wishing to send resident correspondents to China shall submit their applications to the Information Department of 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 news agency concerned;

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

(3) The career correspondent certificate of the said correspondent.

In case of one resident correspondent to be sent by two or more foreign news agencies, 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 correspondent.

Article 6 Upon approval of the application, the resident foreign correspondent 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 news agency and his/her passport, and obtain his/her Foreign Journalist Card.

Resident foreign correspondents 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 news agencies 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 news agency 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;

(3) A copy of the registration certificate of the said news agency 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 representation of the foreign news agency concerned and his/her passport and the passports of other members, and obtain the Certificate for Permanent Office of Foreign News Agency in China.

Head of a permanent office of a foreign news agency 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 news agency wishes to send an acting correspondent in the absence of its resident correspondent in China for a period of more than one month and six months or less, 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 correspondent and his/her career correspondent certificate. The acting correspondent may not engage in journalistic activities unless he/she obtains approval and the necessary documents.

Article 10 Resident foreign correspondents shall apply to the Information Department of 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 correspondent.

A permanent office of a foreign news agency 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 news agencies 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 news agencies shall observe journalistic ethics and shall not distort facts, fabricate rumours or carry out news coverage by foul means.

Foreign journalists and permanent offices of foreign news agencies 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 correspondents and permanent offices of foreign news agencies shall rent living and office spaces in accordance with the relevant Chinese regulations.

Resident foreign correspondents and permanent offices of foreign news agencies 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 news agencies 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 correspondents 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 news agency 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 News Agency 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 news agencies 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 News Agency.

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 news agencies 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.

Article 22 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 Correspondents of Foreign News Agencies promulgated by the State Council on 9 March 1981 shall expire as of the same day.

Editor: Wing

 
 

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