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Regulations of Shanghai Municipality on Administration Control Over Audio and Video Products
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| (Adopted at the 36ÓÉsession of the Standing Committee of the 10th Shanghai Municipal People's Congress on May 28,1997) Chapter I General Provisions Article 1 The present Regulations are formulated in accordance with the Regulations on Administrative Control Over Audio and Video Products of the State Council of the People's Republic of China and other relevant laws and regulations with full consideration given to the actual conditions in this municipality for the purpose of ensuring the healthy and orderly development of the audio/video undertakings, promotion the prosperity thereof enriching the cultural life of the People and carrying forward the building of the socialist spiritual as well as material civilization. Article 2 The present regulations shall apply to all business operations and the administration thereof within the administrative area of this municipality that involve the publication, production, duplication, import, wholesale, retail, rental, public showing, etc. of program-carrying audio tapes, photograph records, compact discs, video tapes, video compact discs (including digital video discs) and laser discs. Article 3 All business operations in audio /video products must abide by laws and regulations and adhere to the orientation of serving the people and sewing the cause of socialism. All business operations in audio/video products that help spread ideas, morals, science and technology, and culture and general knowledge in the interest of economic development and social progress shall be encouraged. Article 4 The legitimate rights interests of copyright holders of audio/video products and of business operators of audio/video products shall be protected in this Municipality. Article 5 A license-granting system shall be implemented in this Municipality for business operations in audio/video products. Chapter II Administrative Authority and Its Duties and Responsibilities Article 6 The Shanghai municipal administrative department of broadcasting, film and television is the competent authority overseeing business operations involving audio/video products m this Municipality (hereinafter referred to as the Municipal Administrative Department of Audio/Video Products) and its main duties and responsibilities are as follows: 1.Implementing relevant laws and regulations of the State and this Municipality and seeing to the enforcement of the present Regulations; 2.Taking charge of the drafting and execution of the development plan of the audio/video business in this municipality and exercising overall adjustment and control over the total number of audio/video businesses to be established; 3.Taking charge of the supervision and administrative control of business operations in audio/video products; 4.Taking charge of the training and assessment of business operators and managing staff of audio/video products; 5.Taking charge of appraisal of audio/video products; 6.Awarding citations or prizes to organizations and individual persons that have made outstanding achievements in promotion the prosperity of the audio/video business; 7.Imposing administrative penalties on acts in violation of the present Regulations. The Shanghai Municipal administrative Division of film, TV and Audio/Video Affairs shall be responsible for exercising day-to-day administrative control over business operations involving audio/video products in this Municipality and shall investigate and punish acts in violation of the present Regulations. Article 7 The administrative departments of a district or county in charge of audio/video products shall be responsible for operations involving audio/video products in the administrative area of the district or county. Its main duties and responsibilities are: 1.Implementing relevant laws and regulations of the stare and this Municipa1ity; 2.Draning a development plan for the audio/Video business in its own administrative area in the light of the municipal development plan of the audio/video business and taking charge of the implementation thereof: 3.Taking charge of the supervision and administrative control over such business operations involving audio/video products as wholesale, retail, rental and public showing in its own administrative area; 4.Awarding citations and prizes to organizations and individual persons that have made outstanding achievements in promotion the prosperity of the audio/video business; and 5.Imposing administrative penalties on acts of violation of the present regulations. Article 8 Administrative departments at different levels in charge of industry and commerce, public security and other relevant administrative departments shall carry out their respective duties and responsibilities according to law and work in co-ordination with the administrative department in charge of audio/video products in implementing the present Regulations. Chapter III Application and Examination and Approval Procedures Article 9 To engage in business operations involving audio/video products, the following conditions must be met: 1.Equipped with a staff that suits the meets of the profession and has the requisite qualifications; 2.Having the required amount of capital funds; 3.Having such required managerial systems as finance, statistics, etc. For organizations engaged in the public showing of audio/Video products shall have such necessary managerial systems as house keeping and ticket office; and 4.Having the required equipment and premises that are up to required standards. Article 10 Anyone that applies for permission to engage in business operations in audio/video products must go through the examination and approval procedures as follows: 1.In making application for permission to establish a publishing organization of audio/Video products (including book publishers that have to publish audio/video products as part of a package of their publications)or a duplication organization thereof, the applicant organization's higher administrative department in charge shall submit the application to the municipal administrative department of audio/video products for examination and verification. The municipal administrative department of audio/video products shall, within 30days after the date of receipt of the application, give its opinion on examination and verification and, after obtaining approval by the Municipal People's governments, shall submit the application to the administrative department of press and publications under the State Council for examination and approval. 2.A unit that applies for permission to engage in producing audio/video products or in wholesaling or showing them commercially to the public shall submit its application to the municipal administrative department of audio/video products for examination and approval. The municipal administrative department of audio/video products shall, within 30 days after the date of receipt of the application, make a decision on whether to grant the approval or not. 3.Anyone that applies for permission to operate a retail or rental business of audio/video products shall submit the application to the administrative department of audio/video products in the district or county where the business is located for examination and approval. The district or county administrative department of audio/video products concerned shall, within 20 days after the date of receipt of the application, make a decision on whether to grant the approval or not. 4.A chain store operator that applies for permission to operator a retail or rental service of audio/video products shall apply to the municipal administrative department of audio/video products and this municipal administrative department shall, within 30 days after the date of receipt of the application, make its decision on whether to grant the approval or not. 5.Those for permission to operate a retail, rental or commercial public showing service aboard means of passenger transportation shall submit their application to the municipal administrative department of audio/video products. The municipal administrative department of audio/video products shall, within 30days after the date of receipt of the application, make its decision on whether to grant the approval or not. Those that have obtained the approval of the administrative department of audio/video products concerned after examination shall receive a license for business in audio/video products issued by the said administrative department. Those that have obtain a license for business audio/video products shall apply to the administrative department in charge of industry and commerce for a business license in compliance with the relevant regulations of the state. Of these, those that apply for operating a commercial public showing service of audio/video products shall simultaneously apply to the public security authority and the public health authority for a public security administration permit and a sanitary permit; and those that apply for operation a duplicating service of audio/video products shall simultaneously apply to the public security authority for a special trade permit. Article 11 The operation qualifications of business operators of audio/video products shall be checked anew every tow years. Those that have been disqualified as a result of the check or those that have not undergone the check shall not continue their business operations in audio/video products. Article 12 Business operators of audio/video products that change the name of their business, their address, their legal representative or the head of their business shall through the procedures of making the changes with the administrative department that originally issued the license for business in audio/video products. Business operators of audio/video products that have decided to terminate their business shall go through the procedures of having their license canceled with the administrative department that originally issued the license for business in audio/video products. Business operators of audio/video products that want to change their business scope shall go through the procedures of examination and approval anew in accordance with the stipulations of Article 10 of the present regulations. Chapter IV Administrative Control Over Business Operations Article 13 Business operators of audio/video products shall display their license for business in audio/video products in an conspicuous place on the premises. No unit or individual person shall be allowed to engage in business operations in audio/video products without the permission of the administrative department of audio/video products. Article 14 Forging, unauthorized alternating, lending, renting or transfer of ownership of the license for business in audio/video products is prohibited. Article 15 Business operations in audio/video products carrying programs of such a nature as the fo11owing shall be prohibited: 1.Those that may endanger the unity, sovereignty and territorial integrity of the country; 2.Those that incite splittism among the nations or sabotage the unity among the nations; 3.Those that disclose state secrets; 4.Those that propagate obscenity and superstition or play up violence; 5.Those that cast slanders on or insult others; or 6.Those that carry other contents whose publication or propagation is prohibited by the State. Article 16 An audio-visual publishing unit may produce, duplicate and/or sell audio/video products published by itself; a unit that sells audio/video products not published by itself shall go through the procedures of examination and approval m accordance with the stipulations of Article 10 of the present Regulations. Article 17 An audio-visual publishing unit shall publish its products according to the plan for topics selection that has already ken approved. Article 18 The examination and approval of the plan for topics selection of audio/video products and the examination and verification of the contents of audio/video products shall be carried out in accordance with the relevant regulations of the State. Article 19 An audio-visual publishing unit shall mark in a conspicuous place on its products and the package thereof its name, address, ISRC number and such details as date of publication, name of copyright holder, etc. Article 20 An audio-visual publishing shall not be allowed to transfer, rent or sell its name or ISRC number to any other unit or individual person. Article 21 An audio-visual publishing unit shall send in to the municipal administrative department of audio/video products samples of its products within 30 days after their date of publication. Article 22 An audio-visual publishing unit or producing unit on of audio/video products that makes feature program video products shall, by reference to the procedures stipulated in 2 of the first Section of Anicle10 of the present Regulations, go through separate procedures of examination and approval with the municipal administrative department of audio/video products. An audio-visual publishing unit of producing of audio/video products that produces audio/video products in collaboration with organizations or individual persons from the Hong Kong Special Administrative region and Macao or Taiwan region or any foreign country shall go through examination and approval procedures in accordance with the relevant regulations of the state Article 23 A duplicating unit of audio/video products that is commissioned to do duplicating of audio/video products shall request that commissioning party to produce the necessary certificates and shall do the duplicating on the strength of the letter of authorization of the party that gives the order. A duplicating unit of audio/video products shall sign a written contract with the commissioning Party that gives the mandate for duplication and shall do the duplicating of audio/video products according to the stipulations of the contract. A duplicating unit of audio/video products shall not be allowed to accept mandate for duplicating commercial-use audio/video products from a publishing unit or an individual person that does not have official permission to publish audio/video products. Article 24 A duplicating unit of audio/video products shall not be allowed to do duplication of audio/video products on its own without authorization and shall not be allowed to engage in the sale of audio/video products. Article 25 A duplicating unit that is commissioned by an organization or an individual person from the Hong Kong Special Administrative Region and Macao or Taiwan Region or my foreign country to do the dup1icating of audio/video products shall submit the master tapes and/or stamper discs supplied by the commissioning party to the municipal administrative department of audio/video products for examination and approval, and shall register with the administrative department of copyright affairs by producing the letter of authorization of the copyright holder concerned. In delivering duplicated audio/video products, relevant rules and regulations of the state shall be abided by. Article 26 A duplicating unit of audio/video products shall preserve samples of audio/video products that has manufactured by duplication and the leuer of authorization of the party that has commissioned it to do the work together with relevant certificates, and the period of the preservation thereof shall be no less than three years. Article 27 A business operator of audio/video products that imports such products for publication or for sale shall go through the procedures of examination and approval in accordance with relevant rules and regulations of the State. Article 28 Audio/video products that have been imported for reference use in research work or teaching shall not be used for commercial purposes such as duplication, wholesale, retail, rental or public showing. Article 29 A wholesale dealer of audio/video products may engage in retailing such products. Article30 A rental service of audio/video products or an unit showing such products commercially to the public must purchase its audio/video products from a publishing unit, a wholesale dealer or a retail service that holds a license for business in audio/video products. A retail service of audio/video products must purchase its goods for resale from a publishing unit or a wholesale dealer that holds the license for business audio/video products. Article 31 Audio/video products that meet any one of the following conditions may be used for wholesale, retail, rental or commercial public showing: 1.If they are published by a publishing unit of audio/video products that has been approved by relevant administrative organs of the State; or 2. If they are imported with the approval of the relevant administrative organs of the State. Audio/video products that a publishing unit of such products makes clear at the time of their publication that they are for exclusive use in a family shall not be shown commercially to the public. Article 32 Business operators of audio/video products shall be prohibited from sub-contracting their business to others. Article 33 Commercial public showing of audio/video products shall be prohibited m primary and secondary schools, kindergartens, nurseries, hospitals and other places specifically stipulated by the Municipality. Article 34 Organizers of limited-period commercial activities involving audio/video products such as trade fairs and public showings shall make an application to the municipal administrative department of audio/video products 15days before the date on which such activities begin. The municipal administrative department of audio/video products shall, within 10days after the date of receipt of the application, make a decision on whether to grant approval or not. Business operators that take part in the trade fairs or public showings must be holders of the license for business in audio/video products. Business operators of audio/video products that hold sales-promotion activities of audio-video products on their own premises do not have to make a separate application. Article 35 In delivering commercial-use audio/video products by transportation services or the postal service, the consignor (or sender in the case of postal service)or the consignee (or receiver in the case of the postal service) shall, at the time of asking a transportation service or the postal service to handle the delivery (or parcel in the case of postal service )or at the time of collecting it, show to the transportation service concerned or the postal service the permit for shipping (or mailing in the case of the postal service)or for collecting issued by the municipal administrative department of audio/video products Article 36 Business operators of audio/video products shall submit their business reports and statements to the municipal or the district or county administrative department m charge of audio/video products concerned for the record. Article 37 Audio/video products whose dealing has been banned after their publication by the State or the Municipality, shall be handed over by business operators of audio/video products without delay to the municipal or the district or county administrative department of audio/video products conceded. For losses caused thereby, the business operators conceded may claim damages from the original supplier in accordance with the relevant regulations of the State. For audio/video products that are banned and seized m accordance with law, the municipal administrative department of audio/video products shall have the sole authority to destroy them. Article 38 Staff member of the administrative department of audio/video products shall observe discipline and abide by law and be impartial in enforcing the law. In carrying out an inspection of business operations involving audio/video products, inspectors from the administrative department of audio/video products concerned must produce their administrative-capacity and law-enforcement certificates. Article 39 The administrative department of audio/video products shall award citations and prizes to organizations and individual persons that have performed meritorious service m reporting, or assisting the investigation of, illegal business operations involving audio/video products. Chapter V Legal Liability Article 40 For those that violate the present Regulations and commit my one of the following acts, the Municipal Administrative Division of Film, TV and audio/video Affairs or the district or county administrative department of audio/video products concerned shall, judging by the seriousness of the violations, inflict penalties of disciplinary warning, confiscation of illegal audio/video products or confiscation of illegal earnings and may simultaneously implies a fine amounting to more than five times and less than 10 times the i1legal earnings: 1.Engaging in business operations involving audio/video products without the license for business in audio/video products or in those that are beyond the permitted scope of business; 2.Transferring, renting or selling by a publishing unit of audio/video products of its name or ISRC numbers to another unit or an individual person; 3.Producing feature-program video products by a publishing or producing unit of audio/video products that has not obtained permission for the making of such; 4.Co1laboration with units or individual persons from the Hong Kong Special administrative region and Macao or Taiwan Region or from a foreign country in making audio/video products without permission; 5.Engaging on its own it duplication, wholesaling or retailing audio/video products by a duplication unit of audio/video products; 6.Importing audio/video products without permission; 7.Wholesaling, retailing, renting or commercial public showing of audio/video products that are imported for reference use in research work or teaching; 8.Wholesaling, retailing, renting or commercial public showing of audio/video products that are published by an organization that does not have official permission to publish such products; 9.Engaging in the wholesale, retail, rental or commercial public showing of audio/video products whose import has not been approved; or 10.Dealing in audio/video products that are prohibited by the present regulations. Those that have committed m act listed in the first Section of this Article and whose offense is serious shall be ordered by the municipal or the district or the county administrative department of audio/video products concerned to stop production work or business operations, shall have their major special purpose tools or facilities fbr publishing or duplicating operations confiscated, and shall have their license for business in audio/video products canceled. In such a case, the cancellation of licences for business in publishing and duplicating audio/video products must be approved by the administrative department of press and publications under the State Council. In case the wrong committed is a wrong and listed in the first section of this article constitutes a crime, the wrongdoer of the offender shall be prosecuted for criminal liability in accordance with law. Article 41 In case one-s business operations involving audio/video products infringe upon the copyright of another person, the administrative department of copyright affairs shall impose administrative penalties in accordance with the Copyright Law of the People's Republic of China; In case one's business operations involving audio/video products violate the laws and regulations of the State governing the administration of industry and commerce shall impose administrative penalties in accordance with the relevant laws and regulations; In case one' s business operations involving audio/video products violate the Regulations of the People's Repub1ic of China on Public Security Administration and Imposition of punishment, the public security authorities shall impose on him/her administrate penalties. Article 42 In case the party concerned finds the specific administrative act of the administrative department of audio/video product, he/she/it may apply for administrative reconsideration or bring an administrative action with the people's court in accordance with the provisions of the "Regulations for administrative reconsideration" and the "Administrative Litigation Law of the People's Republic of China" . In case the party concerned does not apply for a reconsideration of the decision for administrative penalty made by the administrative department of audio/video products nor brings an action with the people's court within the legal time limit, and fails to perform the specific administrative act, the administrative department of audio/video products may apply to the people's court for enforcement in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China". Article 43 In case a staff member of the administrative department of audio/video products neglects his/her official duties or abuses his /her power or practices favoritism and commits irregularities, he /she shall be subjected to an administrative sanction by his her unit or a higher authorities; in case the wrong constitutes a crime, he /she shall be prosecuted for his/her criminal liability according to law. Chapter VI Supplementary Provisions Article 44 The term "license for business in audio/video products" as referred to in the present Regulations is a general name for "license for business publishing audio/video products ", "license for business in producing audio /video products ", "license for business in duplicating audio /video products ", "licence for wholesale business in audio/video products ", "license for retail business in audio /video products', "license for rental business in audio/video products" and "licenses in public showing of audio/video products". Article 45 The administration of the pub1ic showing of non-feature audio/video products in a cultural or entertainment business shall be executed in accordance with the Regulations of Shanghai Municipality on administration of the Culture or Entertainment Marker. Article 46 The present Regulations shall become effective on October 1,1997.. |
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