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| Category | CULTURE | Organ of Promulgation | The State Council | Status of Effect | In force |
| Date of Promulgation | 1994-08-25 | Effective Date | 1994-10-01 |
|
Regulations of the People's Republic of China on the Administration of Audio-visual Products |
|---|
Article 1 These Regulations are formulated to strengthen the
administration of audio-visual products, promote the healthy development and
flourish of the audio-visual enterprises, enrich the cultural life of the
masses and give impetus to the construction of socialist material civilization
and spiritual civilization.
Article 2 These Regulations shall apply to the administration of the
publication, reproduction, importation, wholesale, retail and rental of such
audio-visual products as audio tapes, video tapes, gramophone records, compact
discs and laser discs on which contents are recorded and of the profit-making
projection of videograms (hereinafter referred to as projection).
Article 3 Persons engaged in operating activities in audio-visual
products shall abide by the constitution and relevant laws and regulations,
adhere to the orientation of serving the people and socialism and disseminate
the ideas, morals and scientific, technical and cultural knowledge beneficial
to economic development and social progress.
Dealings in audio-visual products with the following contents are
prohibited:
(1) that which endangers the unity and territorial integrity of the nation
and sovereignty of the State;
(2) that which incites the splitting of the nation and undermines national
solidarity;
(3) that which divulges secrets of the State;
(4) that which propagates obscenity and superstition or glorifies violence;
(5) that which slanders or insults others; and
(6) other contents of which the publication and dissemination are
prohibited as stipulated by the State.
Article 4 The State delegates the administration of audio-visual products
to different departments at various levels.
The administrative department responsible for the press and the publishing
industry under the State Council shall take charge of the publication,
reproduction and importation of audio-visual products nation-wide; the
administrative department responsible for cultural affairs and the
administrative department responsible for broadcasting, cinema and television
under the State Council shall jointly constitute an examining organ of the
contents of audio-visual products (hereinafter referred to as the examining
organ) to take charge of examining the contents of audio-visual products
nation-wide; the administrative department responsible for cultural affairs
under the State Council shall take charge of the wholesale, retail, rental and
projection of audio-visual products nation-wide.
The other relevant administrative departments under the State Council
shall, in accordance with the division of duties prescribed by the State
Council, assist the departments listed above in the administration of
audio-visual products.
The division of the work among the relevant departments of local People's
Governments at or above the county level in the administration of audio-visual
products shall be determined by the provincial People's Government.
The higher competent administrative department and the sponsor entity of
units dealing in audio-visual products shall, in accordance with the relevant
provisions of the State, supervise the operating activities of their
subordinate units dealing in audio-visual products.
Article 5 The State shall enforce a licence system of the publication,
reproduction, importation, wholesale, retail, rental and projection in
audio-visual products.
Article 6 The higher competent administrative departments of units Article 7 The administrative department responsible for the press and the Article 8 To establish an audio-visual publishing unit, the following (1) To conform to the development program for audio-visual publishing (2) To have a set of articles of association conforming to the provisions (3) To have a well-defined scope of business; (4) To have an organization suitable to the needs of its scope of business (5) To have the necessary funds and equipment together with regular Article 9 To apply for establishing an audio-visual publishing unit, the The application shall include the following items: (1) the name and address of the audio-visual publishing unit and the (2) the names and addresses of the higher administrative department (3) the name, address and qualification certifying documents of the (4) the source and amount of funds of the audio-visual publishing unit. Article 10 After the administrative department responsible for the press On the basis of the Licence for Publishing and Dealing in Audio-visual Article 11 An audio-visual publishing unit intends to change its name, An audio-visual publishing unit intends to change its address, principal An audio-visual publishing unit intends to terminate its publishing Article 12 An audio-visual product is published, such data as the name, The audio-visual publishing unit shall, within 30 days from the date of Article 13 An audio-visual publishing unit may not transfer, hire out or Article 14 No unit or individual may purchase or forge the name or Article 15 The specific procedures for cooperative production of Matters concerning copyright in a contract of cooperative production of Article 16 No book-publishing unit may publish audio-visual products not Article 17 An audio-visual publishing unit shall publish audio-visual Article 18 The contents of the audio-visual products published by an The administrative procedures regarding a Licence for Distribution in Article 19 The administrative department responsible for the press and Article 20 To establish an audio-visual reproducing unit, the following (1) To conform to the development program for audio-visual enterprises; (2) To have a well-defined scope of business; (3) To have an organization suitable to the needs of its scope of business; (4) To have the necessary funds, equipment and reproduction premises. Article 21 To apply for establishing an audio-visual reproducing unit, The application shall include the following items: (1) the name and address of the audio-visual reproducing unit and the (2) the names and addresses of the higher administrative department (3) the name, address and qualification certifying documents of the (4) the source and amount of the funds of the audio-visual reproducing Article 22 After the administrative department responsible for the press On the basis of the Licence for Reproducing and Dealing in Audio-visual Article 23 An audio-visual reproducing unit intends to change its name, An audio-visual reproducing unit intends to change its address, principal An audio-visual reproducing unit intends to terminate its reproducing Article 24 An audio-visual publishing unit may entrust an audio-visual Article 25 An audio-visual reproducing unit shall reproduce audio-visual Certifying documents mentioned in the section above include a copy each of The audio-visual reproducing unit shall conclude with the entrusting unit The audio-visual reproducing unit shall preserve samples of the No audio-visual reproducing unit may accept an entrusting order to Article 26 An audio-visual reproducing unit accepts master tapes and Article 27 The examining organ of the contents of audio-visual products Article 28 Audio-visual products used for reproduction are imported, the Audio-visual products imported for reference in research, teaching and Article 29 A unit intending to apply for engaging in general wholesale A unit intending to apply for engaging in wholesale operations in A unit intending to apply for engaging in retail or rental operations in A unit intending to apply for engaging in projection operations in No unit or individual may engage in such operating activities as the Article 30 An audio-visual publishing unit may sell audio-visual products Article 31 An audio-visual reproducing unit may not engage in sale Article 32 Units engaging in wholesale, retail, rental and projection Audio-visual products for exclusive home use may not be used for Article 33 The administrative departments for audio-visual products in Article 34 Anyone, in contravention of these Regulations, has committed (1) where an audio-visual publishing unit transfers, hires out or sells (2) where a book publishing unit publishes audio-visual products not in (3) where an unit other than an audio-visual publishing unit publishes (4) where an audio-visual publishing unit publishes audio-visual products (5) where an unit other than an audio-visual reproducing unit reproduces (6) where an audio-visual reproducing unit reproduces audio-visual (7) where audio-visual products are made in cooperation with organizations (8) where audio-visual products are imported without having been approved; (9) where audio-visual products with contents banned by Article 3(2) of The administrative punishment of revoking a licence for engaging in Anyone who has committed an act specified in Section 1 of this Article, Article 35 Anyone, in contravention of these Regulations, has committed (1) where audio-visual products are sold by wholesale or retail, rented or (2) where audio-visual products for which no Licence for Distribution in (3) where audio-visual products published or reproduced by units other (4) where informational audio-visual products for reference in research, (5) where audio-visual products with contents banned by Article 3(2) of The administrative punishment of revoking a licence for engaging in Anyone who has committed an act specified in Section 1 of this Article, Article 36 Anyone who has published, reproduced, imported, sold, rented Article 37 Acts in contravention of the laws and regulations of the State Acts in contravention of security administration shall be punished Article 38 A party, who does not accept the administrative punishment, Article 39 Units being established before the coming into effect of these Units engaging in the publication, reproduction, wholesale, retail, rental Article 40 These Regulations shall come into effect as of October 1,
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dealing in audio-visual products shall practise the rule of separating the
functions of an enterprise from those of a government department and may not
engage in the operating activities in audio-visual products nor participate in
the operating activities of their subordinate units dealing in audio-visual
products.
Chapter II Publication
publishing industry under the State Council shall be responsible for
formulating a development program concerning the audio-visual publishing
enterprises and determining the total number, distribution and structure of
the audio-visual publishing units nation-wide.
conditions should be met:
enterprises;
of these Regulations;
and personnal conforming to the prescribed qualification requirements in the
audio-visual publication;
production premises.
higher administrative department responsible for the applicant unit shall
submit the application to the administrative department for audio-visual
products of the People's Government of the province, autonomous region or
municipality directly under the Central Government where the applicant unit is
located for examination and, on obtaining the consent of the People's
Government of the province, autonomous region or municipality directly under
the Central Government, the administrative department for audio-visual
products of the People's Government of the province, autonomous region or
municipality directly under the Central Government shall submit the
application to the administrative department responsible for the press and the
publishing industry under the State Council for examination and approval. The
latter shall, within 90 days from the date of receipt of the application, make
a decision approving or not approving the application.
economic sector to which it belongs;
responsible for, and the sponsor unit of, the audio-visual publishing unit and
the economic sector to which each of them belongs;
principal responsible person or legal representative of the audio-visual
publishing unit;
and the publishing industry under the State Council has approved the
application for establishing the audio-visual publishing unit and issued the
unit with a Licence for Publishing and Dealing in Audio-visual Products, the
applicant unit shall take the Licence to the administrative department for
industry and commerce in the place where the unit is located for registration
within 60 days.
Products issued by the administrative department responsible for the press and
the publishing industry under the State Council and of the relevant provisions
in respect of the administration of industry and commerce, the administrative
department for industry and commerce shall issue the applicant unit with a
business licence.
its relation of subordination or its business scope, it shall go through the
formalities of examination, approval and registration again in accordance with
the provisions of Articles 9 and 10 of these Regulations.
responsible person or legal representative, it shall go through the
formalities of altering its registration at the initial organ of issuance of
the Licence.
operations and dealings, it shall go through the formalities of cancellation
of its registration at the initial organ of issuance of the licence within 30
days from the date of cessation of its operating activities.
address and publisher's code of the publishing unit, the number of its Licence
for Distribution, the time of publication and the name of the copyright owner
shall be indicated in a prominent position on the audio-visual product and its
packaging.
publication of the audio-visual product, present a sample to the Archives
Library of Chinese Publications.
sell its name or publisher's code to any unit or individual.
publisher's code of an audio-visual publishing unit or engage in the illegal
publication of audio-visual products.
audio-visual products between an audio-visual publishing unit and an
organization or individual in the region of Hong Kong, Macau or Taiwan or in a
foreign country, shall be formulated by the administrative department
responsible for the press and the publishing industry under the State Council
jointly with the administrative department for cultural affairs and the
administrative department for broadcasting, cinema and television under the
State Council.
audio-visual products have to be registered with the administrative department
for copyright affairs under the State Council.
in support of books published under its own imprint. A book-publishing unit
intends to engage in publishing operations of audio-visual products in support
of books published under its own imprint, it shall go through the formalities
of examination and approval in accordance with the provisions of Article 9 of
these Regulations.
products in accordance with the approved list of selected titles. The
administrative procedures regarding lists of selected titles shall be
formulated by the administrative department responsible for the press and the
publishing industry under the State Council.
audio-visual publishing unit (including audio-visual products produced by the
unit in cooperation with an organization or individual in the region of Hong
Kong, Macau or Taiwan or in a foreign country) shall have their contents to be
examined in accordance with the provisions of the examining organ concerning
the contents of audio-visual products, which organ will then issue a Licence
for Distribution in Audio-visual Products, before they can be reproduced or
sold wholesale or retail.
Audio-visual Products shall be formulated by the administrative department
responsible for the press and the publishing industry under the State Council
jointly with the administrative department for cultural affairs and the
administrative department for broadcasting, cinema and television under the
State Council.
Chapter III Reproduction
the publishing industry under the State Council shall, in accordance with the
development program of audio-visual publishing enterprises, determine the
total number, distribution and structure of reproduction units for
audio-visual products nation-wide.
conditions should be met:
the higher administrative department responsible for the applicant unit shall
submit the application to the administrative department for audio-visual
products of the People's Government of the province, autonomous region, or
municipality directly under the Central Government where the applicant unit is
located for examination and, on obtaining the consent of the People's
Government of the province, autonomous region, or municipality directly under
the Central Government, the administrative department for audio-visual
products of the People's Government of the province, autonomous region or
municipality directly under the Central Government shall submit the
application to the administrative department responsible for the press and the
publishing industry under the State Council for examination and approval. The
latter shall make a decision within 90 days from the date of receipt of the
application.
economic sector to which it belongs;
responsible for, and the sponsor entity of, the audio-visual reproducing unit
and the economic sector to which each of them belongs;
principal responsible person or legal representative of the audio-visual
reproducing unit;
unit.
and the publishing industry under the State Council has approved the
application for establishing the audio-visual reproducing unit and issued the
applicant unit with a Licence for Reproducing and Dealing in Audio-visual
Products, the applicant unit shall take the Licence to the local
administrative department for industry and commerce for registration within 60
days.
Products issued by the administrative department responsible for the press and
the publishing industry under the State Council and of the relevant provisions
in respect of the administration of industry and commerce, the administrative
department for industry and commerce shall issue the applicant unit with a
business licence.
its relation of subordination or its business scope, it shall go through the
formalities of examination, approval and registration again in accordance with
the provisions of Articles 21 and 22 of these Regulations.
responsible person or legal representative, it shall go through the
formalities of altering its registration at the initial organ of issuance of
the Licence.
operations and dealings, it shall go through the formalities of cancelling its
registration at the initial organ of issuance of the Licence within 30 days
from the date of cessation of its operating activities.
reproducing unit approved by the State with the reproduction of audio-visual
products. But it may not entrust the audio-visual reproducing unit with the
reading and editing of audio-visual products.
products on the strength of the certificate of entrustment drawn up by an
audio-visual publishing unit. When accepting an entrusting order, the
audio-visual reproducing unit shall require the entrusting unit to provide the
relevant certifying documents.
the Licence for Publishing and Dealing in Audio-visual Products and the
business licence of the entrusting unit, a certificate of entrustment with the
signature or seal of the principal responsible person or legal representative
affixed, the Licence for Distribution in Audio-visual Products, and the
written authorization of the copyright owner.
a contract in which the entrusting unit shall entrust it with the
reproduction, and it shall reproduce the audio-visual products according to
the stipulations in the contract.
audio-visual products it reproduces and the relevant certifying documents.
reproduce profit-making audio-visual products from a unit or individual other
than an audio-visual publishing unit. The audio-visual reproducing unit may
not reproduce and sell audio-visual products, wholesale or retail, of its own
accord.
moulds provided from abroad to reproduce audio-visual products, it shall
submit the master tapes and moulds to the administrative department for
audio-visual products at the provincial level to be examined as to their
contents, and shall take the letter of authorization of the copyright owner to
the administrative department for copyright affairs for registration. The
audio-visual products reproduced shall all be sold abroad.
Chapter IV Importation
shall be responsible for examining the contents of imported audio-visual
products. After they are examined and found to be up to standard, the
administrative department for cultural affairs and the administrative
department for broadcasting, cinema and television under the State Council
shall, each according to the division of their responsibility, issue a Licence
for Distribution in Audio-visual Products and report the matter to the
administrative department responsible for the press and the publishing
industry under the State Council for the record, before the imported
audio-visual products can be reproduced and sold wholesale or retail.
relevant data on copyright have to be submitted to the administrative
department for copyright affairs under the State Council for registration.
studing shall not be used for profit-making reproduction, wholesale, retail,
rental and projection.
Chapter V Wholesale, Retail, Rental and Projection
operations in audio-visual products shall file an applicacion with the
administrative department for audio-visual products in the People's Government
of the province, autonomous region or municipality directly under the Central
Government where the unit is located. After the application is examined and
consented to, it shall be submitted to the administrative department for
cultural affairs under the State Council for examination and approval. After
the application has been approved and the unit has obtained a Licence for
Engaging in Wholesale Operations in Audio-visual Products, the unit shall take
the Licence to the administrative department for industry and commerce in the
People's Government of the province, autonomous region or municipality
directly under the Central Government where the unit is located for
registration and take out a business licence.
audio-visual products shall filed an application with the administrative
department for audio-visual products in the People's Government of the
province, autonomous region or municipality directly under the Central
Government where the unit is located for examination and approval. After the
application has been approved and the unit has obtained a Licence for Engaging
in Wholesale Operations in Audio-visual Products, the unit shall take the
Licence to the administrative department for industry and commerce in the
People's Government of the province, autonomous region or municipality
directly under the Central Government where the unit is located for
registracion and take out a business licence.
audio-visual products shall file an application with the administrative
department for audio-visual products in the People's Government at the county
level in the place where the unit is located for examination and approval.
After the application has been approved and the unit has obtained a Licence
for Engaging in Retail Operations in Audio-visual Products or a Licence for
Engaging in Rental Operations in Audio-visual Products, the unit shall take
the Licence to the administrative department for industry and commerce in the
place where the unit is located for registration and take out a business
licence.
audio-visual products shall file an application with the administrative
department for audio-visual products in the People's Government of the
province, autonomous region or municipality directly under the Central
Government where the unit is located for examination and approval. After the
application has been approved and the unit has obtained a Licence for Engaging
in Projection Operations in Audio-visual Products, the unit shall take the
Licence to the administrative department for industry and commerce in the
place where the unit is located for registration and take out a business
licence.
wholesale, retail, rental and projection in audio-visual products without
having obtained an operating licence and a business licence.
published by itself in accordance with the relevant stipulations of the State.
It intends to engage in sale operations in audio-visual products not published
by itself, it shall go through the formalities of examination and approval in
accordance with the provisions of Article 29 of these Regulations.
operations in audio-visual products.
operating activities in audio-visual products may not deal in audio-visual
products for which no Licence for Distribution in Audio-visual Products has
been obtained, nor may they deal in audio-visual products infringing the
copyright of others.
profit-making projection.
the local People's Governments at or above the county level have the power to
supervise and inspect the wholesale, retail, rental and projection activities
in audio-visual products within their administrative regions and to
investigate and deal with acts of illegal wholesale, retail, rental and
projection in audio-visual products.
Chapter VI Provisions of Penalties
one of the following acts, the administrative department for the press and the
publishing industry under the State Council or the administrative department
for audio-visual products in a local People's Government at or above the
county level shall, according to the seriousness of the case, deal with the
actor by giving him or it a warning or ordering him or it to desist from
publishing, reproducing, or selling audio-visual products, or having the
illegal audio-visual products confiscated and destroyed, or having his or its
illegal income confiscated, or his or its operating licence for publication or
reproduction of audio-visual products revoked, and may in addition impose on
him or it a fine of more than five times and less than ten times the amount of
the illegal income:
its own name or publisher's code to another unit or individual;
support of books published by itself or publishes audio-visual products in
support of books published by itself without obtaining approval;
audio-visual products;
for which no Licence for Distribution in Audio-visual Products has been
obtained;
audio-visual products;
products without entrustment or reproduces audio-visual products for which no
Licence for Distribution in Audio-visual Products has been obtained;
or individuals in the region of Hong Kong, Macau or Taiwan or in foreign
countries without having been approved;
these Regulations are published or reproduced.
audio-visual product publishing or reproducing operations has to be approved
by the administrative department for the press and the publishing industry
under the State Council.
constituting a crime, shall be prosecuted for his criminal liability according
to law.
one of the following acts, the administrative department for cultural affairs
under the State Council or the administrative department for audio-visual
products under a local People's Government at or above the county level shall,
according to the seriousness of the case, deal with him by giving him a
warning, or ordering him to desist from the wholesale, retail, rental and
projection of the illegal audio-visual products, or confiscating and
destroying such products, confiscating his illegal income, or revoking his
licence for engaging in wholesale, retail, rental, or projection operations in
audio-visual products, and may in addition impose on him a fine of more than
five times and less then ten times the amount of the illegal income:
projected without an operating licence having been obtained;
Audio-visual Products has been obtained are sold by wholesale or retail,
rented or projected;
than audio-visual publishing or reproducing units are sold by wholesale or
retail, rented or projected;
teaching and studying are sold by wholesale or retail, rented or projected;
these Regulations are sold by wholesale or retail, rented or projected.
wholesale, retail, rental or projection operations has to be approved by the
initial organ of issuance of the licence.
constituting a crime, shall be prosecuted for his criminal liability according
to law.
or projected audio-visual pruducts, infringing the copyright of others, shall
be punished by the administrative department for copyright affairs according
to the relevant provisions of the Copyright Law of the People's Republic of
China; the act constitutes a crime, the actor shall be prosecuted for his
criminal liability according to law.
concerning the administration of industry and commerce shall be punished
administratively by the administrative department for industry and commerce
according to the provisions of the relevant laws and regulations.
administratively by the public security organ according to the provisions of
the Regulations of the People's Republic of China on Administrative Penalties
for Public Security.
may apply for administrative reconsideration in accordance with the provisions
of the Regulations for Administrative Reconsideration; the party does not
accept the reconsideration decision, he may bring a suit before a People's
Court in accordance with the provisions of the Law of the People's Republic of
China on Administrative Proceedings. The party does not apply for
reconsideration or bring a suit before a People's Court within the time limit,
nor does he comply with the decision on punishment, the organ imposing the
punishment may apply to the People's Court for enforcement.
Chapter VII Supplementary Provisions
Regulations and engaging in the publication, reproduction, wholesale, retail,
rental and projection in audio-visual products shall, within 180 days from the
date on which these Regulations came into effect, go through again the
formalities of examination and registration in accordance with the relevant
provisions of these Regulations.
and projection in audio-visual products shall, beginning from the date on
which these Regulations came into effect, go throuth the formalities of
examination and registration once every two years.
1994. The Interim Provisions for the Administration of Audio-visual Products
published by the former Ministry of Broadcasting and Television with the
approval of the State Council shall simultaneously be abolished.
URL: http://www.asianlii.org/cn/legis/cen/laws/rotaoap589