Administration of Press and Publications
Chapter I: General principles
Article 1: In order to stimulate the healthy development and flourishing of the audiovisual undertaking, strengthen the management of audiovisual product reproduction, according to the relevant provisions of the “Audiovisual Product Management Regulations”, these Rules are formulated.
Article 2: These Rules apply to all commercial audiovisual product reproduction processing business.
Audiovisual products as named in these Rules refers to audiotapes, videotapes, records, laser discs and compact discs, etc., having content.
Article 3: The Administration of Press and Publications is in charge of audiovisual product reproduction management work nationwide, and is responsible for examining, verifying and approving the establishment of audiovisual product reproduction work units, formulating audiovisual product reproduction management provisions and supervising implementation. Provincial, autonomous region and municipal People’s Government audiovisual product administrative management departments are responsible for audiovisual product reproduction management work in their administrative areas.
Article 4: Audiovisual product reproduction work units are strictly prohibit to contract the reproduction of audiovisual products with the following content:
(1) harming national unity, sovereignty and territorial integrity;
(2) inciting ethnic separation, destroying ethnic unity;
(3) divulging State secrets;
(4) propagating obscenity, superstition and playing up violence;
(5) slandering or insulting other persons;
(6) other content of which publication or dissemination is prohibited by State provisions.
Chapter II: Audiovisual product reproduction work unit establishment
Article 5: For establishment of an audiovisual product reproduction work unit, the following conditions shall be met:
(1) conforming to the development plan for the audiovisual sector;
(2) having a clear business scope’
(3) having an organizational structure suited to the requirements of the business scope;
(3) having the necessary capital, equipment and reproduction premises.
Article 6: Applications for the establishment of an audiovisual product reproduction work unit are to be reported by the applying work unit’s controlling department to the provincial, autonomous region or municipal People’s Government audiovisual product administrative management department for examination and verification and, after the provincial, autonomous region or municipal People’s Government agrees, are reported by the provincial, autonomous region or municipal People’s Government audiovisual product administrative management department to the Administration of Press and Publications for examination and approval.
The Administration of Press and Publications shall make a decision within 90 days of receiving the application letter.
The application letter shall clearly indicate the following contents:
(1) the name, address and economic nature of the audiovisual product reproduction work unit;
(2) the controlling department of the audiovisual product reproduction work unit and the name, address and economic nature of the controlling department;
(3) the full name, address and qualification certification documents of the audiovisual product reproduction work unit’s main responsible personnel or statutory representative;
(4) the funding sources and their amounts of the audiovisual product reproduction work unit.
Article 7: After the application for establishment of an audiovisual product reproduction work unit has been approved by the Administration of Press and Publications and an “Audiovisual product Reproduction Business Permit” is issues, the applying work unit shall go to the administrative industry and commerce management department with the “Audiovisual Product Reproduction Business Permit” within 60 days for registration.
Administrative industry and commerce management departments issue business licenses on the basis of the “Audiovisual Product Reproduction Business Permit” issued by the Administration of Press and Publications and relevant provisions concerning administrative industry and commerce management.
Article 8: Where audiovisual product reproduction work units are established through joint venture or cooperation with Hong Kong, Macau or Taiwan region or foreign organizations and individuals, the Chinese side in the joint venture of the cooperation must be an approved audiovisual publishing or reproduction work unit, and it must be applied for and approved by the Chinese side of the joint venture or cooperation according to the procedure provided in Article 6. The application letter shall indicate the following matters:
(1) a letter of intent concerning the cooperation from both sides, including the bidding objective, business scope, product flow, profit allocation, period or joint venture or cooperation, etc.;
(2) the registry certification that both sides in the joint venture or cooperation have legal person status;
(3) the credit situation of both sides in the joint venture or cooperation;
(4) a feasibility study report of the programme of the joint venture or cooperation.
It is prohibited to establish wholly foreign-invested audiovisual product reproduction work units.
Article 9: Where audiovisual product reproduction work units change their name, subordination relationship or business scope, they shall conduct examination, approval and registration formalities again according to the provisions of Articles 7 and 7 of these Rules. Where audiovisual product reproduction work units replace or add audio tape or video tape production lines, shall report to the provincial-level audiovisual product administrative management department for approval and report to the Administration of Press and Publications for filing; those replacing or adding laser disc or compact disc reproduction production lines (including master copy engraving lines) shall report to the Administration of Press and Publications for examination and approval after examination and verification by the provincial-level audiovisual product administrative management department.
Where audiovisual product reproduction work units change their address, main responsible person or legal representative, they shall go to the original permit-issuing organ to conduct registration modification formalities.
Where audiovisual product reproduction work units terminate reproduction business activities, they shall go to the original permit-issuing organ within 30 days of terminating business activities to conduct registration cancellation formalities.
Chapter III: Audiovisual product reproduction
Article 10: Audiovisual product reproduction work units reproduce audiovisual products on the basis of an entrustment letter of an audiovisual product work unit. When audiovisual product reproduction work units accept entrustment, they shall require the entrusting work unit to submit the following certification documents:
(1) a copy of the “Audiovisual Product Publishing Business Permit” of the entrusting work unit and its business permit, and the original copy of an entrustment letter signed by the legal representative of the entrusting work unit or the main responsible person (photocopies are invalid);
(2) the “Audiovisual Product Distribution Permit”;
(3) an authorization letter of the copyright holder;
(4) the resident’s identification card of the contractor.
Article 11: When contracting for non-commercial audiovisual products produced for internal use by an organ, enterprise or undertaking work unit, the entrusting work unit must provide an “Audio or Video Product Reproduction Entrustment Letter” issued by the provincial-level or higher audiovisual product administrative management department, and only then may they be reproduced.
Article 12: Audiovisual product reproduction work units may not publish, reproduce or wholesale audiovisual products on their own initiative.
Article 13: Audiovisual product reproduction work units must completely submit the audiovisual products which were contracted for processing to the entrusting work unit, may not secretly record more and sell them, and may not transfer, sell or reproduce the master tape or model provided by the entrusting work unit to or for any other work unit or individual in any way.
Article 14: Where audiovisual product reproduction work units undertake foreign-provided master tape or model audiovisual product reproduction using the method of processing customers’ materials, before reproduction is commenced, they shall report the master tape or model to the provincial-level audiovisual product administrative management department for examination, verification and registration, and go to the administrative copyright management department for registration with the relevant copyright holders’ authorization letter, the reproduced audiovisual products must be completely resold, and may not remain inside the country (including for retail, broadcast, copying, gift giving, etc.).
Article 15: The reproduced or processed audiovisual products must carry the whole name of the reproducing work unit.
Reproduced or processed laser discs, compact disks, etc., must carry the production source identification number according to relevant regulations.
Article 16: Audiovisual product reproduction work units must establish contracting, registration, inspection, reproduction supervision, protection, goods delivery and all other management systems. For contracted audiovisual products, formalities must be completed, and entrustment certification is to be inspected according to regulations, the name, address, full name of the individual handling the task, reproduction content, quantity and delivery date, etc. of the entrusting work unit are to be registered in detail. Entrustment certification and rectification materials and reproduction samples shall be filed (period of preservation: three years) and reported according to the regulations of the local management organs.
Article 17: The raw materials used by audiovisual product reproduction work units must reach standards and technological requirements provided by the sector. Reproduction quality shall conform to the standards provided by the State.
Article 18: Audiovisual product reproduction work units shall fill in and submit a production statistics reporting form according to the requirements of relevant audiovisual statistical reporting form provisions, and report these to the provincial-level audiovisual product administrative management department for examination, verification and collection at the stipulated time, for reporting to the Administration of Press and Publication.
Article 19: Audiovisual product reproduction work units implement examination, verification and registry procedures once every two years. In odd years, before 31 January, they submit an annual report to the provincial-level audiovisual product administrative management department, the management organ will conduct a complete inspection of their management situation, technological equipment, product quality, the situation of implementing laws and regulation, etc., jointly with relevant departments, work units meeting the provided requirements will be permitted to conduct annual inspection qualification registration formalities, work units not meeting the provided requirements will not be permitted to conduct annual inspection qualification registration procedures or this will be deferred. Reproduction work units not obtaining qualification registration formalities may not engage in audiovisual product reproduction business.
Article 20: If audiovisual product reproduction work units, in the process of recording audiovisual products, discover that the reproduced audiovisual products involve content listed in Article 4 of these Rules or does not conform to the content provided in the entrustment certification, it shall immediately cease reproduction, and timely report this to relevant departments, it is prohibited to delay or conceal this.
Article 21: In all cases where State or local audiovisual product administrative management departments notify the prohibition or cessation of reproduction of audiovisual products, reproduction work units shall immediately cease reproduction, and hand them over or seal them up according to requirements, this may not be delayed, it is prohibited to withhold or transfer them. Sealed up or handed over audiovisual products are destroyed under the supervision of the local audiovisual product administrative management department, all those containing reactionary or obscene matter are handed over to the public security departments for handling according to regulations.
Chapter IV: Punishment
Article 22: Where audiovisual product reproduction work units violate these Rules, audiovisual product administrative management departments, apart from suggesting that the controlling department imposes corresponding administrative punishment on the relevant responsible person, may also, according to the gravity of the situation, directly impose the following administrative punishments on the audiovisual product reproduction work unit:
(1) a warning;
(2) confiscation of finished reproduction;
(3) confiscation of unlawful income;
(4) a fine of five times or more but less than ten times the unlawful income;
(5) temporary cessation of audiovisual product reproduction;
(6) cancellation of audiovisual product reproduction business permits.
The above punishments may be imposed in combination.
The Administration of Press and Publications may impose administrative punishments listed in this Article to audiovisual product reproduction work units; county-level or higher audiovisual product administrative management departments may impose the administrative punishments listed in items (1) through (5) on audiovisual product reproduction work units within their administrative area.
Article 23: Non-audiovisual product reproduction work units engaging in audiovisual product reproduction or processing, may be subject to the following punishments by county-level or higher audiovisual product administrative management departments according to the gravity of the circumstances;
(1) confiscation and destruction of unlawful audiovisual products;
(2) confiscation of unlawful income
(3) a fine of five times or more but less than ten times the unlawful income.
The above punishments may be imposed in combination.
Article 24: Where circumstances are grave, and it constitutes a crime, judicial organs shall investigate criminal responsibility according to the law.
Article 25: These Rules take effect on the date of promulgation. In all cases of conflict between these Rules and provisions concerning audiovisual product reproduction management from before the promulgation of these Rules, these Rules shall apply.
Article 26: These Rules are interpreted by the Administration of Press and Publications.
第一章 总 则
第四章 处 罚
第五章 附 则