Administrative Regulations on Audio and Video Products (Revised in 2011)
Administrative Regulations on Audio and Video Products (Revised in 2011)
Administrative Regulations on Audio and Video Products (Revised in 2011)
Order of the State Council No. 595
March 19, 2011
(Promulgated by Order of the State Council No. 341 on December 25, 2001, amended on March 19, 2011 in accordance with the Decisions of the State Council on Revising the Administrative Regulations on Audio and Video Products)
Chapter I General Provisions
Article 1 For the purpose of strengthening administration of audio and videoproducts, promoting the healthy development and prosperity of the audio and videoindustry, enriching the cultural life of the people and facilitating the development of socialist material and spiritual civilization, these Regulations are formulated.
Article 2 These Regulations shall apply to activities of publishing, reproducing, importing, wholesaling, retailing and renting such audio and videoproducts as audio tapes, video tapes, gramophone records, compact discs and laser discs.
Those audio and videoproducts for radio and TV broadcasting shall be governed by laws and administrative regulations on radios and TVs.
Article 3 Publication, production, reproduction, import, wholesale, retail and rental of audio and videoproducts shall comply with the Constitution and relevant laws and regulations, follow the direction of serving the people and socialism, and disseminate the ideas, morals and scientific, technical and cultural knowledge beneficial to economic development and social progress.
audio and videoproducts are forbidden from containing the following contents which:
1. Violate fundamental principles established by the Constitution;
2. Endanger the unity, sovereignty and territorial integrity of the nation;
3. Divulge State secrets, endanger security of the State or harm the honor and interests of the State;
4. Incite ethnic hatred or ethnic discrimination, undermine national unity, or impair national customs and habits;
5. Preach evil cults or superstition;
6. Disturb social order or undermine social stability;
7. Propagate obscenity, gambling or violence or abet crime;
8. Insult or slander others or infringe upon the lawful rights of others;
9. Harm public morality or excellent national cultural traditions; or
10. Other contents prohibited by laws, administrative regulations or the State's provisions.
Article 4 The press administrative organ of State Council shall be responsible for the national work of supervising and administrating the publication, production, reproduction, import, wholesale, retail and rental of audio and videoproducts; other related departments of the State Council shall be responsible for the work of supervising and administrating business activities with respect to relevant audio and videoproducts within their powers and duties assigned by the State Council.
The competent press administrative authorities of local people's government above the county level (hereinafter referred to as the "press administrative authorities") shall be responsible for the work of supervising and administrating publication, production, reproduction, import, wholesale, retail and rental of audio and videoproducts; and other related administrative authorities of the local people's government above the county level shall be responsible for the work of supervising and administrating business activities with respect to relevant audio and videoproducts within their powers and duties.
Article 5 The State shall apply a license system for the publication, production, reproduction, import, wholesale and retail of audio and videoproducts; without approval, no unit or individual may engage in such activities as publishing, producing, reproducing, importing, wholesaling and retailing audio and videoproducts.
License and approval certificate issued in accordance with these Regulations shall not be rented out, lent, sold or transferred in any other form.
Article 6 The competent press administrative organ of State Council shall be responsible for formulating the audio and videoindustry development plan and determining the gross number, layout and structure of audio and videopress units and audio and videoreproduction unit s all over the country.
Article 7 Regulatory authorities of audio and videoproduct operation and their functionaries shall neither engage in business activities with respect to audio and videoproducts or do so in a disguised form, nor participate in audio and videoproduct operators' business activities or do so in a disguised form.
Chapter II Publication
Article 8 To establish an audio and videopublishing unit, the following conditions shall be met:
1. The audio and videopublishing unit has a name and the articles of association;
2. The audio and videopublishing unit has an organizer and its competent authority certified by the press administrative organ of State Council;
3. The audio and videopublishing unit has a well-defined business scope;
4. The audio and videopublishing unit has an organizational structure suitable to the needs of its scope of business and audio and videopublishing specialists meeting the qualification requirements prescribed by the State;
5. The audio and videopublishing unit has funds, equipments and work premises suitable to its scope of business; and
6. Other conditions prescribed by laws and administrative regulations.
During the examination and approval for the establishment of an audio and videopublishing unit, in addition to conditions specified in the preceding paragraph, the plan of gross number, layout and structure of audio and videopublishing units shall be followed.
Article 9 An application for the establishment of an audio and videopublishing unit shall be reported, after passing examination of the press administrative authority of people's government of local province, autonomous region or municipality directly under the Central Government, to the press administrative organ of State Council for examination and approval. The press administrative organ of State Council shall make a decision on whether or not to approve the application within 60 days upon its acceptance of the application, and notify the applicant. In case of approving the application, a License for Publishing audio and videoProducts shall be issued, and the applicant shall take such License to make registrations with the administrative authority for industry and commerce and apply to obtain the business license in accordance with law; in case of not approving the application, reasons therefor shall be given.
An application form shall include the following contents:
1. Name and address of the audio and videopublishing unit;
2. Names and addresses of the audio and videopublishing unit's organizer and competent authority;
3. Name, address and qualification certificates of legal representative or principal in-charge person of the audio and videopublishing unit; and
4. Source and amount of funds of the audio and videopublishing unit.
Article 10 If an audio and videopublishing unit changes its name, organizer or its competent authority, business scope, or acquisition of other audio and videopublishing units, or a new audio and videopublishing unit is established as a results of its merger or split-up, it shall go through approval formalities in accordance with provisions specified in Article 9 hereof and shall go through corresponding registration formalities with the administrative authority for industry and commerce handling its original registrations.
If an audio and videopublishing unit changes its address, legal representative or principle in-charge person, or terminates its publishing business, it shall go through alteration or cancellation registration with the administrative authority for industry and commerce handling its original registration, and shall go through filing formalities with the press administrative organ of State Council.
Article 11 audio and videopublishing unit's annual publishing program and major titles related to national security, social stability and so on shall be subject to examination and approval by the press administrative authority of local province, autonomous region or municipality directly under the Central Government and then filed with the press administrative organ of State Council for the record; no audio and videoproducts on major titles shall be published before being filed for the record prior to the publication.
Article 12 An audio and videopublishing unit shall, in a prominent position on the audio and videoproduct published by it and its packaging, indicate such data as the publisher's name, address, and publication code, time of publication and name of the copyright owner; in case of publishing imported audio and videoproducts, it shall also indicate the import certificate No.
The audio and videopublishing unit shall present free samples of their products to the National Library of China, the Archives Library of Chinese Publications and press administrative organ of the State Council in accordance with relevant provisions of the State.
Article 13 An audio and videopublishing unit shall neither rent out, lend, sell or transfer in any other form its name to any unit or individual, nor sell or transfer in any other form the publication code to any unit or individual.
Article 14 No unit or individual may engage in activities of publishing audio and videoproducts through purchasing, hiring, borrowing or using without authorization any audio and videopublishing unit's name or purchasing or forging publication code.
Book publishers, newspapers, periodical press and electronic publications press shall not publish audio and videoproducts not matching the said publication; however, they may publish audio and videoproducts matching the said publication in accordance with provisions of the press administrative organ of State Council and enjoy rights and undertake obligations by reference to audio and videopublishing units.
Article 15 audio and videopublishing units may cooperate with organizations or individuals from Hong Kong Special Administrative Region, Macao Special Administrative Region, Taiwan region or foreign countries to produce audio and videoproducts.
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