Administrative Regulations on Audio and Video Products (Revised in 2024)
Administrative Regulations on Audio and Video Products (Revised in 2024)
Administrative Regulations on Audio and Video Products (Revised in 2024)
Order of the State Council of the People's Republic of China No. 797
December 6, 2024
(Promulgated by the Order of the State Council No.341 on December 25, 2001; revised for the first time in accordance with the Decisions of the State Council on Revising the Regulations on Administration of Audio and Video Products on March 19, 2011; revised for the second time according to the Decision of the State Council on Revising Some Administrative Regulations on December 7, 2013; revised for the third time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; revised for the fourth time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 29, 2020; and revised for the fifth time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on December 6, 2024)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening administration of audio and video products, promoting the healthy development and prosperity of the audio and video industry, enriching the cultural life of the people and facilitating the development of socialist material and cultural-ethical advancement.
Article 2 These Regulations shall apply to activities of publishing, reproducing, importing, wholesaling, retailing and renting such audio and video products as audio tapes, video tapes, gramophone records, compact discs and laser discs.
Those audio and video products 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 video products 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 video products 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 provisions of the State.
Article 4 The press administrative organ of State Council shall be responsible for the nationwide supervision and administration of 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 5 The State shall apply a license system for the publication, production, reproduction, import, wholesale and retail of audio and video products; without approval, no entity or individual may engage in such activities as publishing, producing, reproducing, importing, wholesaling and retailing audio and video products.
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 video industry development plan and determining the gross number, layout and structure of audio and video publishing entities and audio and video reproduction entities all over the country.
Article 7 Regulatory authorities of audio and video product operation and their functionaries shall neither engage in business activities with respect to audio and video products or do so in a disguised form, nor participate in audio and video product operators' business activities or do so in a disguised form.
Chapter II Publication
Article 8 To establish an audio and video publishing entity, the following conditions shall be met:
(1) The audio and video publishing entity has a name and the articles of association;
(2) The audio and video publishing entity has an organizer and its competent authority certified by the press administrative organ of State Council;
(3) The audio and video publishing entity has a well-defined business scope;
(4) The audio and video publishing entity has an organizational structure suitable to the needs of its scope of business and audio and video publishing specialists meeting the qualification requirements prescribed by the State;
(5) The audio and video publishing entity has funds, equipment 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 video publishing entity, in addition to conditions specified in the preceding paragraph, the plan of gross number, layout and structure of audio and video publishing entities shall be followed.
Article 9 An application for the establishment of an audio and video publishing entity 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 video Products 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 video publishing entity;
(2) names and addresses of the audio and video publishing entity's organizer and competent authority;
(3) name, address and qualification certificates of legal representative or principal in-charge person of the audio and video publishing entity; and
(4) source and amount of funds of the audio and video publishing entity.
Article 10 If an audio and video publishing entity changes its name, organizer or its competent authority, business scope, or acquisition of other audio and video publishing entities, or a new audio and video publishing entity is established as a results of its merger or split-up, it shall go through approval formalities in accordance with the 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 video publishing entity 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 video publishing entity'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 video products on major titles shall be published before being filed for the record prior to the publication.
Article 12 An audio and video publishing entity shall, in a prominent position on the audio and video product 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 video products, it shall also indicate the import certificate No.
The audio and video publishing entity 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 video publishing entity shall neither rent out, lend, sell or transfer in any other form its name to any entity or individual, nor sell or transfer in any other form the publication code to any entity or individual.
Article 14 No entity or individual may engage in activities of publishing audio and video products through purchasing, hiring, borrowing or using without authorization any audio and video publishing entity's name or purchasing or forging publication code.
Book publishers, newspapers, periodical press and electronic publications press shall not publish audio and video products not matching the said publication; however, they may publish audio and video products matching the said publication in accordance with the provisions of the press administrative organ of State Council and enjoy rights and undertake obligations by reference to audio and video publishing entities.
Article 15 audio and video publishing entities 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 video products.
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Order of the State Council of the People's Republic of China No. 797
December 6, 2024
(Promulgated by the Order of the State Council No.341 on December 25, 2001; revised for the first time in accordance with the Decisions of the State Council on Revising the Regulations on Administration of Audio and Video Products on March 19, 2011; revised for the second time according to the Decision of the State Council on Revising Some Administrative Regulations on December 7, 2013; revised for the third time in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on February 6, 2016; revised for the fourth time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on November 29, 2020; and revised for the fifth time in accordance with the Decision of the State Council on Revising and Repealing Certain Administrative Regulations on December 6, 2024)
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of strengthening administration of audio and video products, promoting the healthy development and prosperity of the audio and video industry, enriching the cultural life of the people and facilitating the development of socialist material and cultural-ethical advancement.
Article 2 These Regulations shall apply to activities of publishing, reproducing, importing, wholesaling, retailing and renting such audio and video products as audio tapes, video tapes, gramophone records, compact discs and laser discs.
Those audio and video products 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 video products 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 video products 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 provisions of the State.
Article 4 The press administrative organ of State Council shall be responsible for the nationwide supervision and administration of 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 5 The State shall apply a license system for the publication, production, reproduction, import, wholesale and retail of audio and video products; without approval, no entity or individual may engage in such activities as publishing, producing, reproducing, importing, wholesaling and retailing audio and video products.
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 video industry development plan and determining the gross number, layout and structure of audio and video publishing entities and audio and video reproduction entities all over the country.
Article 7 Regulatory authorities of audio and video product operation and their functionaries shall neither engage in business activities with respect to audio and video products or do so in a disguised form, nor participate in audio and video product operators' business activities or do so in a disguised form.
Chapter II Publication
Article 8 To establish an audio and video publishing entity, the following conditions shall be met:
(1) The audio and video publishing entity has a name and the articles of association;
(2) The audio and video publishing entity has an organizer and its competent authority certified by the press administrative organ of State Council;
(3) The audio and video publishing entity has a well-defined business scope;
(4) The audio and video publishing entity has an organizational structure suitable to the needs of its scope of business and audio and video publishing specialists meeting the qualification requirements prescribed by the State;
(5) The audio and video publishing entity has funds, equipment 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 video publishing entity, in addition to conditions specified in the preceding paragraph, the plan of gross number, layout and structure of audio and video publishing entities shall be followed.
Article 9 An application for the establishment of an audio and video publishing entity 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 video Products 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 video publishing entity;
(2) names and addresses of the audio and video publishing entity's organizer and competent authority;
(3) name, address and qualification certificates of legal representative or principal in-charge person of the audio and video publishing entity; and
(4) source and amount of funds of the audio and video publishing entity.
Article 10 If an audio and video publishing entity changes its name, organizer or its competent authority, business scope, or acquisition of other audio and video publishing entities, or a new audio and video publishing entity is established as a results of its merger or split-up, it shall go through approval formalities in accordance with the 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 video publishing entity 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 video publishing entity'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 video products on major titles shall be published before being filed for the record prior to the publication.
Article 12 An audio and video publishing entity shall, in a prominent position on the audio and video product 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 video products, it shall also indicate the import certificate No.
The audio and video publishing entity 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 video publishing entity shall neither rent out, lend, sell or transfer in any other form its name to any entity or individual, nor sell or transfer in any other form the publication code to any entity or individual.
Article 14 No entity or individual may engage in activities of publishing audio and video products through purchasing, hiring, borrowing or using without authorization any audio and video publishing entity's name or purchasing or forging publication code.
Book publishers, newspapers, periodical press and electronic publications press shall not publish audio and video products not matching the said publication; however, they may publish audio and video products matching the said publication in accordance with the provisions of the press administrative organ of State Council and enjoy rights and undertake obligations by reference to audio and video publishing entities.
Article 15 audio and video publishing entities 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 video products.
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