Decision of the State Council on Revising the Administrative Regulations on Audio and Video Products
Decision of the State Council on Revising the Administrative Regulations on Audio and Video Products
Decision of the State Council on Revising the Administrative Regulations on Audio and Video Products
Order of the State Council No. 595
March 19, 2011
The Decision of the State Council on Revising the Administrative Regulations on Audio and Video Products, which was adopted at the 47th executive meeting of the State Council on March 16, 2011, is hereby promulgated and shall come into effect from the date of promulgation.
Premier Wen Jiabao
Decision of the State Council on Revising the Administrative Regulations on Audio and Video Products
The Decision of the State Council on Revising the Administrative Regulations on Audio and Video Products as follows:
Article 1 The Article 4 shall be revised to read as follows: "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 video products; 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 video products 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 video products; 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 video products within their powers and duties."
Article 2 The term "rent out" in Paragraph 1 of Article 5, Article 19, Article 24, Article 31, Article 2, Article 33, Article 39, Article44, and Article47, and "playing" in Article 39 and Article 47 shall be deleted.
Article 3 The Article 6 shall be revised to read as follows: "the competent press administrative organ of State Council shall be responsible for formulating the audio and video industry development plan and determining the gross number, layout and structure of audio and video press units and audio and video reproduction unit s all over the country."
Article 4 The term "press administration" in Article 8 through 11, Article 14, Article 15, Article 17, Article 18, Article 21, Article22, Article 25, Article 39, Article 40, and Article 42 through 44 shall be revised to "press administrative organ".
Article 5 The phrase "within 60 days upon receiving the application" in Article 9, Article 17 and Article 21 shall be revised to "within 60 days upon its acceptance of the application".
Article 6 Paragraph 2 of Article 12 shall be revised to read as follows: "the audio and video publishing 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 7 The term "License for Reproducing audio and video Products" in Article 21 and Article 42, "License for Operating audio and video Products" in Article 32 shall be revised to "Reproduction License" and "License for Operating Publications" respectively.
Article 8 Paragraph 1 of Article 23 shall be revised to read as follows: "where an audio and video reproduction unit reproduces audio and video products upon authorization, it shall conclude an authorization contract for reproduction with the authorizing publishing unit, in accordance with the State's relevant provision; and shall verify the authorizing publishing unit's License of Publishing audio and video Products, Business License (duplicate), the power of attorney for audio and video product reproduction sealed by the authorizing publishing unit and letter of authorization acquired by the publishing unit; and if the audio and video products to be reproduced upon authorization are non-sale products, it shall verify the authorizing publishing unit's identity and the power of attorney for non-sale audio and video product reproduction issued by the authorizing publishing unit."
Article 9 The Article 26 shall be revised to read as follows: "if an audio and video reproduction unit reproduces foreign audio and video products upon authorization, it shall subject itself to approval by the press administrative authority of the local province, autonomous region or municipality directly under the Central Government and shall, in accordance with the law, go through registrations with the copyright administration authority upon strength of letter of authorization issued by the copyright owner; and all reproduced audio and video products shall be transported outside China and shall not be sold within the territory of China."
Article 10 The Article 27 shall be revised to read as follows: "finished audio and video product import business shall be operated only by finished audio and video product import operators approved by the press administrative organ of State Council; without approval, no unit or individual may engage in finished audio and video product import business."
Article 11 The sentence "An application for the establishment of national chain-stores for operating audio and video products shall be reported, after passing examination of the culture administrative authority of people's government of local province, autonomous region or municipality directly under the Central Government, to the culture administrative organ of State Council for examination and approval" in Paragraph 1 of Article 32 shall be deleted.
Article 12 The term "individual" in Article 33, Article 36 and Article 47 shall be revised to "privately-owned business".
Article 13 The Article 35 shall be revised to read as follows: "the State permits establishment of China-foreign cooperative enterprises to engage in business of distributing audio and video products."
Article 14 The Article 37 shall be revised to read as follows: "where publishing administrative authorities or other related administrative authorities and their functionaries take advantage of their offices to accept money and property or other benefits from others and approve establishment of audio and video product publishing, production, reproduction, import, wholesale or retail units, which do not meet the prescribed establishment conditions, fail to perform their duties of supervision and administration or fail to carry out investigation over discovered illegalities, sanctions from demotion up to dismissal shall be imposed on the principle in-charge people and other directly people directly responsible if any serious consequences are incurred; and if any crime is constituted, criminal liabilities shall be investigated legally according to the provisions of the Criminal Law for bribery, abuse of power, dereliction of duty or other crimes."
Article 15 The term "administrative sanction" in Article 38 shall be revised to "sanction".
Article 16 The sentence "a fine of below CNY50,000 shall be also imposed thereon" in Article 39, "a fine of below CNY50,000 may be also imposed thereon" in Article 40, and "a fine of between CNY10,000 and CNY50,000 shall be also imposed thereon" in Article 42, Article 43 and Article 45, shall be revised to "a fine of below CNY50,000 may be imposed thereon".
Article 17 The term "culture administrative organ" in Article 40 and Article 44 shall be deleted, and the term "culture administrative organ" in Article 28, Article 30, Article 32, Article 33, Article 36, Article 42 and Article 45 shall be revised to "press administrative organ".
Article 18 Paragraph 4 of Article 45 shall be deleted.
Article 19 The Article 49 shall be revised to "except for those Specified in Article 35 hereof, activities of publication, production, reproduction, import, wholesale and retail of electronic audio and video products shall be governed by these Regulations."
This Decision shall come into effect from the date of promulgation.
......