(Formulated by the Ministry for Radio and Television, approved on 23 December 1982 by the State Council)
Audio and video products (referring to records, boxed music cassettes and video cassettes appearing in commercial form, hereafter simply named audiovisual products) are audiovisual publications having thought content. Developing this publishing sector in a guided and planned way, toward enriching the spiritual and cultural life of the masses, stimulating flourishing of culture and art, developing the audiovisual education programme, disseminating scientific knowledge, and developing international cultural exchange, has a significant function.
In recent years, audiovisual products publication has achieved success, and also, a number of chaotic phenomena have appeared. In order to strengthen management of this sector, and stimulate its healthy development and flourishing, the following Regulations are formulated:
1, The Ministry of Radio and Television oversees the audiovisual products management work in the entire country, its main duties are:
(I) organizing the formulation of audiovisual products sector planning;
(II) examining and approving the establishment of audiovisual products publication work units and duplication production work units;
(III) supervision and inspecting the implementation and enforcement situation of audiovisual products publication principles and policies;
(IV) manage audiovisual products import business;
(V) other relevant matters.
Provincial, municipal and autonomous region broadcast sector bureaux are responsible for the audiovisual products management works in their localities.
2, The relevant State Council ministries and commissions are responsible for managing audiovisual products publication work relevant to the function of their system.
3, Distributed and sold audiovisual products, must be published by audiovisual publication work units approved by the State. Any work unit’s own sound and video recordings and domestically or foreign-exchanged audiovisual material, as well as programmes broadcast by film and television, may only be used in that work unit or exchanged as data with other work units; if publication and distribution is necessary, it should be handed over to an audiovisual publication work unit for handling.
Industrial production work units and commercial work units may not engage in audiovisual products publication work.
4, The examination and approval procedure for the establishment of audiovisual products publication work units is: central work units, after receiving approval through examination by the relevant State Council commissions and ministries, report to the Ministry of Radio and Television for approval; local work units, after receiving approval through examination by the provincial, municipal or autonomous region broadcast sector bureau reporting to the People’s Government, report to the Ministry of Radio and Television for approval. County, city or lower, apart from ethnic minority regions, may not establish audiovisual publication work units.
Reading materials, published and distributed by book publishers, according to their respective job division and publication scope, and having audiovisual material attached, may handle reporting and approval procedures for registration not in accordance with the examination and establishment procedure for audiovisual products publication work units, but when developing their business, must report to the Ministry of Culture for approval, and report to the Ministry of Radio and Television for filing.
All work units already engaged in audiovisual products publication work, shall according to the abovementioned provisions, again conduct reporting and approval procedures for registration.
Publication and distribution of film videotapes will be the responsibility of the film distribution entities.
5, Audiovisual products publishing work units must support the four cardinal principles, implement the direction of serving the people and serving socialism, implement policies on hundred blooming flowers, removing the chaff to renew, make foreign things serve China, make the past serve the present. Their basic task is to mobilize and organize production and acting resources and record and publish audiovisual products needed by State and people, enriching the people’s spiritual and cultural life, propagate and accumulate cultural and scientific knowledge achievements, contribute to the establishment of a socialist spiritual civilization and material civilization.
Audiovisual products publishing work units shall possess corresponding editing and screening capacity and the needed material and technological criteria, in order to preserve the quality of the published audiovisual products.
Audiovisual product publishing work units shall, according to their respective job division and specialities, determine their publishing scope and collection focus, and formulate planning.
Central work units, shall focus on collecting and recording products catering to the needs of the entire country, local work units shall focus on collecting and recording product catering to the needs of their localities.
Audiovisual products publishing work units shall determine yearly topic selection and publication planning (including book publishers and film entities selecting audiovisual topics and planning), report to the controlling body for examination and approval, and at the same time report a copy to the Ministry of Radio and Television. After publication of audio products, a specimen shall be sent to the Ministry of Radio and Television for future reference, video products shall be reported for cataloguing, and a copy kept for the record and future reference.
6, Audiovisual products publishing work units shall safeguard the lawful rights and interests of authors and performers. Entertainment programme audiovisual product remuneration standards, remuneration payment methods shall be formulated by the Ministry of Radio and Television together with the Ministry of Culture.
Audiovisual products publishing work units according to the agreements, with authors and performers, enjoy publication rights over the audiovisual material they recorded. Without authorization of the original audiovisual product publishing work unit, any other work unit may not duplicate or reproduce, or without authorization revise or maker superficial changes and separately publish. Where authors and performers already authorized programme of a certain audiovisual products publishing work unit, other audiovisual products publishing work units may not use raised remuneration, duplicate remuneration issue or other improper tricks to record, produce and publish elsewhere. Violators, may be accused before a judiciary organ by the original audiovisual products publishing work unit.
7, Establishment of an audiovisual products duplication production work unit (including record production plats, recorded audio tape and video tape duplication plants), shall be based on audiovisual products publication planning and market needs, and reporting for approval formalities shall be handled according to the examination and approval procedures for audiovisual products publishing work units of Article 4 of these Regulations.
For already existing audiovisual product duplication production work units, except for factories or production workshops already belonging to or collaborating with audiovisual product publishing work units that may when applying for audiovisual products publishing work unit, clearly indicate that they do not elsewhere conduct audiovisual product duplication production work unit reporting for approval formalities, other work units engaged in audiovisual products duplication production must all again apply for approval with the provincial, municipal, autonomous region broadcast sector bureau, and report to the Ministry of Radio and Television for filing. The main condition the applicant must fulfil are: establishing a solid processing relationship with audiovisual product publishing work units, having proper channels and regular programme sources, pledge to not engage in private duplicating and sale activities, product quality conform to the provisions of current State standards.
For already existing audiovisual product duplication production work units, necessary restructuring shall be conducted. Closing, stopping, merging and transfer issues relevant to restructuring, will be the responsibility for deciding of all concerned controlling entities.
8, Audiovisual publishing and duplication production work units, after passing approval, also shall apply for conducting industry and commerce enterprise registry with the administrative industry and commerce management entities, after examination by and agreement at the administrative industry and commerce management entity, a business permit will be granted. Their audiovisual products must clearly state the audiovisual product publishing and duplication production work units’ name and year of print.
Any work unit without business permit, may not engage in audiovisual product merchandise duplication production work. Concerning audiovisual products not clearly stating the audiovisual product publishing and duplication production work units name, any work unit may not sell them. if there are violations, they will be investigated by the administrative industry and commerce management entities. Where there is reactionary, obscene or dirty, or other forbidden content, the public security and judiciary entities shall deal with it according to the law.
9, Work units dealing in audiovisual product export, must be approved by the Ministry of Radio and Television jointly with the Ministry of Foreign Economic Trade, and file with the General Administration for Customs. A catalogue of export audiovisual products and distribution situation shall be timely reported to the Ministry of Radio and Television.
Audiovisual products openly distributed domestically, are permitted to be exported by individuals in small numbers by carrying on their body or sending by mail, under the principles of personal use.
Foreign-cooperative audiovisual product publication business, shall without exception be handled by publishing work units approved by the State. Relevant projects and agreements, where central work units are concerned, must be examined and approved by the controlling ministries and commissions, and be reported to the Ministry of Radio and Television for filing and a transcription be sent to the General Administration of Customs; where local work units are concerned, must be reported in a report signed by the local broadcast sector bureau to the provincial, municipal or autonomous region People’s Government for examination and approval, and be reported to the Ministry of Radio and Television for filing and a transcript sent to the General Administration for Customs and relevant entry port Customs. It is forbidden for any work unit and individual to record sound or video for furnish audiovisual master tapes to foreign businesses without authorization. Where there are violations, they shall be handled by the Customs and judiciary organs according to the law.
10, Foreign audiovisual products may not be imported and sold on the market as commercial products. Where import is needed because of exceptional circumstances, it must be agreed to by the Ministry of Radio and Television and be notified to the General Administration for Customs, and only then let passed. Audiovisual products needed by work unit sectors such as scientific research, culture and education, art, military affairs etc., will be imported respectively by the relevant State Council entity or China Book Import General Corporation. Audiovisual products for radio or television broadcast use, will be imported by the Ministry of Radio and Television and the provincial, municipal or autonomous region broadcast sector bureaus. Customs will handle import formalities based on proof documents from the relevant entities.
Concerning audiovisual products carried by individuals for personal use and entered through other channels, Customs shall carry out inspection. All audiovisual products carrying anti-China, anti-communism, anti-socialist and pornographic or obscene content, as well as audiovisual products engaging in religious propagation activities, shall be confiscated without exception. Concerning audiovisual products of which the content is extremely unhealthy, import shall not be allowed.
Individuals of our country as well as foreign-nationality tourists coming to China for a shot time are not allowed to import art videos containing a story plot. If exceptional circumstances occur, it may be consulted and dealt with by the Ministry of Radio and Television and the General Administration for Customs.
All imported foreign audiovisual products, if needed to be published and distributed, must be entered into publication planning by an audiovisual publishing work unit, reported to the controlling body for approval, and reported to the Ministry of Radio and Television for filing.
11, Audiovisual product duplication production business of processing of imported materials with foreign businesses in the form of compensatory trade, must without exception receive approval from the Ministry of Radio and Television or the provincial, municipal or autonomous region broadcast sector bureau, and the Ministry of Foreign Economic Trade or provincial, municipal or autonomous region foreign trade entity, product must all be sold abroad, and are prohibited to be sold domestically; its programmes must possess copyright proof of the locality of the foreign business and guarantee that there is no reactionary, pornographic or obscene content.
12, After passing of these Regulations, all remaining problems created by inconformity with these Regulations, will be strived to be resolved within a relatively short period by the Ministry of Radio and Television and the provincial, municipal or autonomous region broadcast sector bureaus together with relevant entities.
Provincial, municipal or autonomous region People’s Governments may, based the spirit of these Regulations in combination with the actual local circumstances, formulate detailed management rules for audiovisual products in their locality.