Regulations of the PRC on the Reporting Activities of Foreign Permanent News Agencies and Foreign Journalists — Full English Translation (2008)

Adopted at the 31st Executive Meeting of the State Council on October 17, 2008

Promulgated by Order No. 537 of the State Council of the People’s Republic of China on October 17, 2008

Effective: October 17, 2008

Article 1 — These Regulations are formulated for the purpose of facilitating the lawful news reporting activities of foreign permanent news agencies and foreign journalists within the territory of the People’s Republic of China and promoting international exchanges and the dissemination of information.

Article 2 — For the purposes of these Regulations, “foreign permanent news agency” means a branch office established within the territory of China by a foreign news agency to engage in news reporting business. For the purposes of these Regulations, “foreign journalist” includes resident foreign journalists and foreign journalists on short-term reporting assignments. A “resident foreign journalist” means a professional journalist dispatched by a foreign news agency to reside within the territory of China for more than six months to engage in news reporting business; a “foreign journalist on a short-term reporting assignment” means a professional journalist whose period of stay within the territory of China does not exceed six months and who engages in news reporting business.

Article 3 — China pursues the fundamental state policy of opening up to the outside world, safeguards the lawful rights and interests of foreign permanent news agencies and foreign journalists in accordance with the law, and provides convenience for them to lawfully engage in news reporting business.

Article 4 — Foreign permanent news agencies and foreign journalists shall abide by the laws, regulations and rules of China, observe the professional ethics of journalism, conduct reporting in an objective and impartial manner, and shall not engage in activities incompatible with the nature of their agencies or their status as journalists.

Article 5 — The Ministry of Foreign Affairs of the People’s Republic of China (hereinafter referred to as the Ministry of Foreign Affairs) is in charge of the affairs of foreign permanent news agencies and foreign journalists. The State Council Information Office and other departments shall be responsible, within the scope of their respective duties, for the relevant affairs of foreign permanent news agencies and foreign journalists. The foreign affairs departments of local people’s governments shall, as entrusted by the Ministry of Foreign Affairs, handle the affairs of foreign permanent news agencies and foreign journalists within their respective administrative areas. The information offices and other departments of local people’s governments shall be responsible, within the scope of their respective duties, for the relevant affairs of foreign permanent news agencies and foreign journalists within their respective administrative areas.

Article 6 — The establishment of a permanent news agency within the territory of China by a foreign news agency and the dispatch of resident journalists to China shall be subject to approval by the Ministry of Foreign Affairs.

Article 7 — A foreign news agency applying to establish a permanent news agency within the territory of China shall submit the following materials to the Ministry of Foreign Affairs directly or through the Chinese embassy or consulate in the relevant country:

(1) a written application signed by the principal person in charge of the headquarters of the news agency;

(2) an introduction to the news agency;

(3) introductions to the person in charge of the agency to be established, the resident journalists to be dispatched and the staff members; and

(4) copies of the documents certifying the establishment of the news agency in its home country.

Article 8 — After the application to establish a permanent news agency within the territory of China is approved, the person in charge of the permanent news agency shall, within seven working days from the date of his or her arrival in China, present his or her passport to the Ministry of Foreign Affairs to obtain the Certificate for Foreign Permanent News Agency; where a permanent news agency is located in a region other than Beijing Municipality, its person in charge shall, within seven working days from the date of his or her arrival in China, present his or her passport to the foreign affairs department of the local people’s government entrusted by the Ministry of Foreign Affairs to obtain the Certificate for Foreign Permanent News Agency.

Article 9 — A foreign news agency applying to dispatch resident journalists to China shall submit the following materials to the Ministry of Foreign Affairs directly or through the Chinese embassy or consulate in the relevant country:

(1) a written application signed by the person in charge of the headquarters of the news agency;

(2) an introduction to the journalists to be dispatched; and

(3) copies of the documents certifying the professional activities of the journalists to be dispatched in their home country.

Where two or more foreign news agencies dispatch the same resident journalist, they shall, in accordance with the provisions of the preceding paragraph, go through the application formalities separately and indicate, in their respective written applications, the other foreign news agency or agencies with which the journalist works part-time.

Article 10 — After the application to dispatch resident journalists to China is approved, the dispatched foreign journalists shall, within seven working days from the date of their arrival in China, present their passports to the Ministry of Foreign Affairs to obtain the Foreign Resident Journalist Certificate; where a resident journalist is based in a region other than Beijing Municipality, he or she shall, within seven working days from the date of his or her arrival in China, present his or her passport to the foreign affairs department of the local people’s government entrusted by the Ministry of Foreign Affairs to obtain the Foreign Resident Journalist Certificate. After obtaining the Foreign Resident Journalist Certificate, a foreign journalist shall apply to the public security organ at the place of residence for a residence permit.

Article 11 — Where a foreign permanent news agency changes its name, resident region or other matters, it shall submit a written application to the Ministry of Foreign Affairs and go through the change formalities after approval. Where a foreign permanent news agency changes its person in charge, office address or other matters, it shall notify the Ministry of Foreign Affairs in writing within seven working days after the change; where a permanent news agency located in a region other than Beijing Municipality changes its person in charge, office address or other matters, it shall notify, in writing within seven working days after the change, the foreign affairs department of the local people’s government entrusted by the Ministry of Foreign Affairs.

Article 12 — Where a Foreign Resident Journalist Certificate needs to be renewed upon expiration of its validity period, the resident foreign journalist shall, in advance, apply to the Ministry of Foreign Affairs or the foreign affairs department of the local people’s government entrusted by the Ministry of Foreign Affairs to go through the renewal formalities; where the formalities are not completed within the time limit, the journalist shall be deemed to have voluntarily relinquished his or her status as a resident foreign journalist, and his or her Foreign Resident Journalist Certificate shall be revoked.

Article 13 — Where a foreign permanent news agency intends to terminate its business, it shall notify the Ministry of Foreign Affairs 30 days before the termination of business and shall, within seven working days from the date of termination of business, go through the formalities for the cancellation of its Certificate for Foreign Permanent News Agency and of the Foreign Resident Journalist Certificates of its resident journalists with the Ministry of Foreign Affairs or the foreign affairs department of the local people’s government entrusted by the Ministry of Foreign Affairs. Where a foreign permanent news agency has no resident journalists for more than ten consecutive months, it shall be deemed to have automatically terminated its business, and its Certificate for Foreign Permanent News Agency shall be revoked. Where the cumulative period of residence of a resident foreign journalist within the territory of China in each year is less than six months, his or her Foreign Resident Journalist Certificate shall be revoked. A foreign permanent news agency shall, before the departure of its resident journalists, go through the formalities for the cancellation of their Foreign Resident Journalist Certificates with the Ministry of Foreign Affairs or the foreign affairs department of the local people’s government entrusted by the Ministry of Foreign Affairs.

Article 14 — After a Certificate for Foreign Permanent News Agency or a Foreign Resident Journalist Certificate is revoked, the revocation shall be made known to the public. Where a journalist’s Foreign Resident Journalist Certificate is revoked, his or her journalist visa shall automatically become invalid ten days after the date of revocation. A journalist whose Foreign Resident Journalist Certificate has been revoked shall, within ten days from the date of revocation, present relevant documents to the public security organ at the place of residence to apply for the change registration of his or her visa or residence permit.

Article 15 — Foreign journalists who reside in China or carry out short-term reporting assignments shall apply to the Chinese embassy or consulate abroad or the visa-issuing authorities authorized by the Ministry of Foreign Affairs for journalist visas.

Article 16 — Foreign journalists who visit China accompanying heads of state, heads of government, speakers of parliament, members of royal families or senior government officials shall have their journalist visas applied for uniformly by the foreign ministry or the relevant department of the country concerned through the Chinese embassy or consulate abroad or the visa-issuing authorities authorized by the Ministry of Foreign Affairs.

Article 17 — Foreign journalists conducting reporting activities within the territory of China shall obtain the consent of the units and individuals being interviewed. When conducting reporting activities, foreign journalists shall carry and present their Foreign Resident Journalist Certificate or short-term reporting journalist visa.

Article 18 — Foreign permanent news agencies and foreign journalists may, through foreign affairs service units, employ Chinese citizens to carry out auxiliary work. Foreign affairs service units shall be designated by the Ministry of Foreign Affairs or the foreign affairs departments of local people’s governments entrusted by the Ministry of Foreign Affairs.

Article 19 — Foreign permanent news agencies and foreign journalists may, after completing the formalities for reporting and approval in accordance with the law, temporarily import, set up and use radio communication equipment where necessary for their reporting activities.

Article 20 — Where a foreigner who has not obtained or does not hold a valid Foreign Resident Journalist Certificate or short-term reporting journalist visa engages in news reporting activities within the territory of China, the public security organ shall order him or her to stop the news reporting activities and deal with the matter in accordance with the relevant laws.

Article 21 — Where foreign permanent news agencies and foreign journalists violate the provisions of these Regulations, the Ministry of Foreign Affairs shall give them a warning and order them to suspend or terminate their business activities; where the circumstances are serious, it shall revoke their Certificate for Foreign Permanent News Agency, Foreign Resident Journalist Certificate or journalist visa.

Article 22 — Where foreign permanent news agencies and foreign journalists violate other laws, regulations and rules of China, the matter shall be dealt with in accordance with the law; where the circumstances are serious, the Ministry of Foreign Affairs shall revoke their Certificate for Foreign Permanent News Agency, Foreign Resident Journalist Certificate or journalist visa.

Article 23 — These Regulations shall come into force on October 17, 2008. The Regulations on the Administration of Foreign Journalists and Foreign Permanent News Agencies promulgated by the State Council on January 19, 1990 shall be repealed simultaneously.