Administrative Regulations on Audio and Video Products (2001)

Administrative Regulations on Audio and Video Products (2001)

Order of the State Council of the People's Republic of China [2001] No. 341

December 25, 2001

The Administrative Regulations on Audio and Video Products, which was adopted at the 50th Executive Meeting of the State Council on December 12, 2001, is released hereby and shall take effect as of February 1,2002.

Premier Zhu Rongji

Appendix: Administrative Regulations on Audio and Video Products

Chapter I General Provisions

Article 1 These Regulations are formulated to strengthen the administration of audio and video products, promote the healthy development and flourish of the audio and video undertakings, enrich the cultural life of the people and promote the construction of socialist material civilization and spiritual civilization.

Article 2 These Regulations shall apply to the administration of the publication, production, reproduction, importation, wholesale, retail and rental of such recorded audio and video products as audio tapes, video tapes, gramophone records, compact discs and laser discs.
Those audio and video products for the purpose of radio and TV broadcasting shall be applied to the laws and administrative regulations on radio and TV broadcasting.

Article 3 Publication, production, reproduction, importation, wholesale, retail and rental of the audio and video products shall conform to the Constitution and relevant laws and regulations, adhere to the principle of serving the people and socialism and disseminate the ideological, ethical, scientific, technological and cultural knowledge that is beneficial to economic development and social progress.
No audio and video product shall contain the following contents:
1. those opposing the basic principles established in the Constitution;
2. those endangering the unification, sovereignty and territorial integrity of the State;
3. those divulging secrets of the State, harming national security, or impairing the honor and interests of the State;
4. those inciting the enmity, discrimination of nationalities, jeopardizing the unity among the various ethnic groups, or violating the Customs and habits of minority nationalities;
5. those spreading cults or superstitions;
6. those disturbing social order and destroying social stability;
7. those inciting pornography, gambling, violence or instigating a crime;
8. those insulting or libeling others, violating the lawful rights and interests of others; or
9. those endangering social moralities or fine national cultural traditions;
10. other contents which are prohibited by laws and administrative regulations or by the State.

Article 4 The publication administration department of the State Council shall be responsible for the publication, production and reproduction of audio and video products nationwide; the culture administration department of the State Council shall be responsible for the supervision and administration of the importation, wholesale, retail and rental of audio and video products nationwide; the other relevant administrative departments of the State Council shall, in accordance with division of duties prescribed by the State Council, be responsible for the supervision and administration of commercial activities of audio and video products.
A administrative departments in charge of publication of the local people's governments at or above the county level shall be responsible for the supervision and administration of the publication, production and reproduction of audio and video products within their administrative areas; the culture administration department of the local governments at or above county level shall be responsible for the supervision and administration of the importation, wholesale, retail and rental of audio and video products within their administrative areas; the other relevant administrative departments of the local governments at or above county level shall, within their own duties, be responsible for the supervision and administration of commercial activities of audio and video products.

Article 5 The State implements a license system for the publication, production, reproduction, importation, wholesale, retail, and rental of audio and video products. Any entity or individual, without a license, shall not be engaged in the publication, production, reproduction, importation, wholesale, retail or rental of audio and video products.
Any license or approval documents issued according to these Regulations shall not be assigned by means of rental, lending, sale or any other means.

Article 6 The publication administration departments and culture administration department of the State Council are responsible for formulating a development program of the audio and video publishing undertakings and determining, in accordance with the division of duties prescribed by the State Council, the total number, distribution and structure nationwide of the audio and video publishing units, audio and video reproduction units and audio and video end products importation units.

Article 7 The departments and their staff members in charge of the supervision and administration of commercial activities of audio and video products shall not engage or engage, in a disguised form, in the commercial activities in audio and video products nor participate or participate, in a disguised form, in such activities of the units dealing in audio and video products.

Chapter II Publication

Article 8 For establishment, an audio and video publishing unit shall meet the following conditions:
1. possess a name and the articles of association of the audio and video publishing unit;
2. possess a sponsoring unit which is recognized by the publication administration department of the State Council and its competent agency at the higher level;
3. possess a well-defined scope of business;
4. possess an organizational structure which meets the needs of its scope of business and audio and video publication professionals conforming to the qualification conditions stipulated by the State;
5. possess necessary funds, equipment and production premises; and
6. other requirements prescribed by the laws and administrative regulations.
In addition to the conditions listed in the preceding paragraph, the approval of the establishment of an audio and video publishing unit shall conform to the development program concerning the total number, distribution and structure of the audio and video publishing units.

Article 9 An application for establishing an audio and video publishing unit shall be, after being examined and consented to by the publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government, submitted to the publication administrative department of the State Council for examination and approval. The latter shall, within 60 days from the date of receipt of the application, make a decision on approving or not approving the application, and make a notice to the applicant. Where an application is approved, the License for Publishing audio and video Products shall be issued, with which the applicant may go through the formalities of registration at the administrative department for industry and commerce, and obtain the business license according to law; while the application is not approved, the reason shall be given.
The application shall include the following items:
1. the name and address of the audio and video publishing unit;
2. the names and addresses of the sponsoring unit of the audio and video publishing unit and its competent agency at the higher level;
3. the name, address and qualification certifying document of the legal representative or the major responsible person of the audio and video publishing unit; and
4. the source and amount of fund of the audio and video publishing unit.

Article 10 Where an audio and video publishing unit intends to change its name, its sponsoring unit or the competent agency at the higher level, or its business scope, , or to merge other audio and video publishing unit, or to establish a new audio and video publishing unit due to amalgamation or separation, it shall go through the formalities of examination and approval in accordance with the provisions of Articles 9, and go through the relevant formalities of registration at the administrative department for industry and commerce where the original registration was gone through.
Where an audio and video publishing unit intends to change address, its legal representative or the major responsible person, or to terminate its operations, it shall go through the formalities of registration for change or revocation at the administrative department for industry and commerce where the original registration was gone through, and file for the record with the publication administration department of the State Council at the same time.

Article 11 The annual publication plan, and important subjects involving national security and social stability of an audio and video publishing unit shall be examined by the publication administration department of the people's government of the province, autonomous region or municipality directly under the Central Government and be filed for the record with the publication administration department of the State Council.
　　......