Opinions concerning Launching a Special Campaign to Bring Electronic Gaming Business Venues under Control
GBF No. (2000)44
All provincial, autonomous region and municipal Peoples Governments, all State Council ministries and commissions, all directly subordinate organs:
The Ministry of Culture, State Commission for Economics and Trade, Ministry of Public Security, Ministry of Information Industry, Ministry of Foreign Economics and Trade, General Administration of Customs and State Administration of Industry and Commerce “Opinions concerning Launching a Special Campaign to Bring Electronic Gaming Business Venues under Control” has been approved by the State Council and is hereby transmitted to you, please earnestly implement them.
State Council Secretariat
15 June 2000
Opinions concerning Launching a Special Campaign to Bring Electronic Gaming Business Venues under Control
Ministry of Culture, State Commission for Economics and Trade, Ministry of Public Security, Ministry of Information Industry, Ministry of Foreign Economics and Trade, General Administration of Customs and State Administration of Industry and Commerce
(12 June 2000)
In recent years, electronic gaming business venues have been excessive and overflowing, some localities’ supervision and management is weak, and thus, the phenomena of businesses violating laws and regulations on a large scale have emerged, which gravely harmed the healthy growing up of minors, disordered social and public order, and has become a major public harm to society, the broad popular masses have reacted extremely strongly against this, and we have come to a point where not bringing this under thorough control is not an option. In order to realistically strengthen supervision and management over electronic gaming business venues, effectively attack and contain the harmful phenomena emerging in electronic gaming business venues, and progressively thoroughly resolve the problems in electronic gaming business venues, the following opinions are hereby put forward:
I, In July, August and September of 2000, a concentrated special campaign will be launched nationwide to bring electronic gaming business venues under control. The special campaign work is led by the Ministry of Culture, and is conducted together with the State Commission for Economics and Trade, the Ministry of Public Security, the Ministry of Information Industry, the Ministry of Foreign Economics and Trade, the General Administration of Customs and the State Administration of Industry and Commerce.
It is necessary to, through strict control, ban electronic gaming business venues conducting illegal business and business gravely violating regulations, further clarify the conditions that electronic gaming business venues should meet, forcefully reduce the quantity of business venues, realistically strengthen supervision and management, and strictly implement standardized business according to the law in electronic gaming business venues.
II, From the date of promulgation of these Opinions, all localities must immediately cease the examination and approval of new electronic gaming business venues, and may also not examine and approve any sort of increase or renewal of electronic gaming equipment in existing electronic gaming business venues.
III, Concerning electronic gaming business venues where the following situations exist, apart from respective punishment by the Ministry of Culture together with public security, information industry, industry and commerce and other departments, according to relevant regulations, industry and commerce departments must cancel their business licence and ban them, where matters constitute a crime, criminal liability is prosecuted according to the law:
(1) where there are no or incomplete licences;
(2) being within 200m of a primary or secondary school;
(3) admitting minors outside of statutory State holidays and vacations;
(4) violating State fire prevention and safety provisions;
(5) contracting other persons to manage electronic gaming business venues;
(6) using electronic computers to engage in commercial computer gaming activities under all sorts of names, including “computer room”, “Internet café”, “Internet coffee house”, etc.;
(7) installing electronic gaming machine models, types and electronic circuitry that has gambling functions such as withdrawing money, withdrawing steel balls, withdrawing coupons, electronic screen scoring and other prizewinning method;
(8) where the internal design or installed games of electronic gaming machines contain content violating the basic principles determined in the Constitution, harm national unity, sovereignty and territorial integrity, harm national security, interest or social stability, destroy ethnic unity, incite ethnic separation, harm the customs and habits of ethnic minorities, propagate obscenity, sex, superstition or play up violence, harm the physical and mental health of consumers, violate social morals, slander or insult other persons, etc.;
(9) where business commit other acts of unlawful business or business gravely violating regulations.
IV, The conditions that electronic gaming business venues should meet must be further clarified, the requirements concerning premises, environment, management and other aspects perfected and raised, and re-examination, verification and registration conducted of electronic gaming business venues according to regulations.
Those that are re-examined, verified and found to meet qualifications by county-level or higher People’s Government culture and public security departments are re-issued business licenses by administrative industry and commerce departments; those that are re-examined, verified and found to not meet qualifications, must immediately cease business and close, the administrative industry and commerce departments cancel registration and cancel business licenses.
The managers of electronic gaming business venues that are banned or have their business licences cancelled because of unlawful business or business gravely violating regulations may not engage in electronic gaming business activities again.
V, Electronic gaming business venues that have undergone re-examination, verification and registration may not start their business time earlier than 8.00, and close later than 24.00, and must hang a sign restricting the entry of minors and a name plaque for the venue in a clear location outside the venue. those violating the above provisions are ordered to rectify this by the cultural departments; in case of refusal to rectify, the cultural department will submit this to the administrative industry and commerce department for punishment according to relevant regulations, up to cancellation of business licences.
VI, From the date of promulgation of these Opinions, the production and sale of electronic gaming equipment aimed at domestic markets, as well as spare parts and accessories must immediately cease. No work unit or individual may continue to engage in production and sales activities of electronic gaming equipment, spare parts and accessories aimed at domestic market. As soon at those selling electronic gaming equipment and spares or accessories to electronic gaming business venues are discovered, the economic and trade or information industry departments impose punishment together with administrative industry and commerce and other departments according to regulations.
Apart from the method of trade for processing, the import of electronic gaming equipment and spares or accessories (Customs product nos. 95041000, 95043010 and 95049010) is strictly restricted. Trade for processing business of electronic gaming equipment and their spares or accessories is listed in the restricted category of products for processing and trade, and a system of cash deposit account for the actual operations of trade for processing is implemented, foreign economics and trade departments must strictly examine, approve and manage matters, Customs must strengthen real supervision and management, these products can only be resold outside the borders; those that cannot be exported within the time limit are confiscated by Customs according to the law, or Customs supervises the relevant enterprise’s destruction of these. All localities’ Customs must expand inspection strength, implement focus investigation and control, and firmly attack illegal activities of smuggling of electronic gaming games and their spare parts or accessories through false declarations, concealment and other methods.
VII, All levels’ culture, economics and trade, public security, information industry, foreign economics and trade, Customs, industry and commerce and other departments must unify thoughts, raise understanding, further clarify their individual duties, and , under the leadership of local Party Committees and governments, conduct their individual duties, bear their individual responsibilities, closely cooperate, and earnestly implement the special campaign and daily supervision and management work to the end.
Culture departments must give rein to their function as electronic gaming business venues’ controlling departments, earnestly do the daily supervision and management work of electronic gaming business venues well, timely research and resolve problems emerging in electronic gaming business venues. Together with public security, industry and commerce and other relevant departments, jointly do re-examination, verification and registration of electronic gaming business venues well, investigate and prosecute business activities violating laws and regulations.
Economics and trade departments and information industry departments must manage the production and sales segments of electronic gaming equipment and their spare parts and accessories well, and together with industry and commerce and other departments, conduct investigation, prosecution and attack against illegal producers and sellers. Information industry departments must firmly investigate, prosecute and ban computer gaming activities from computer information network business venues (viz. “computer rooms”, “Internet cafés”, “Internet coffee houses”, etc.).
Public security departments must strengthen public order management in electronic gaming business venues and regular fire prevention safety inspections, timely eliminate all sorts of hidden safety risks, and investigate, prosecute and strictly attack activities violating laws and regulations of gambling, obscenity, sex, propagation of violence, etc., according to the law.
Foreign economics and trade departments must earnestly do examination and approval work trade for processing of electronic gaming equipment and spares or accessories well; manage the re-export of electronic gaming equipment and spares or accessories that have been produced under the trade for processing method, and coordinate with Customs in attacking illegal activities of smuggling electronic gaming equipment, spares and accessories.
Customs must strengthen supervision and management over the import and export of electronic gaming equipment, spares and accessories, earnestly investigate, prosecute and strictly attack electronic gaming equipment, spares and accessories.
Industry and commerce departments must, together with culture and public security departments, do the work of re-examination, verification and rectification of electronic gaming business venues well, and must cancel registration of revoke business licences of electronic gaming business venues not found to meet the qualifications after examination and verification by culture and public security departments; electronic gaming business venues that engage in illegal business or business gravely violating regulations, must have their business licences revoked; electronic gaming business venues that have been illegally established must be firmly banned, and the unlawful profit, as well as the materials, equipment, etc., that was used in the unlawful business activities must be confiscated according to the law. Producers and sellers engaging in the production and sales of electronic gaming equipment, spares and accessories for the purposes of domestic sales must have their business licences cancelled according to relevant regulations.
VIII, All localities must give full rein to the function of news media in launching the special campaign to bring electronic gaming business venues under control, realistically ensure good propaganda, education and public opinion guidance work. It is necessary to broadly mobilize the popular masses to participate through publicizing the reporting telephone lines of relevant departments and establishing the necessary award and reward schemes and other methods, shaping a good situation of common social resistance and attack against unlawful business activities in electronic gaming business venues.
IX, All local levels’ People’s Governments must, from the height of implementing Comrade Jiang Zemin’s important “Three Represents” thought, and in line with the spirit of being highly responsible toward Party and people, fully understand the importance of launching the special campaign to guaranteeing bring electronic gaming business venues under control towards the physical and mental health of minors, stimulating the construction of a Socialist spiritual civilization and guaranteeing the basic interest of the broad popular masses, bring the special campaign into the important matters agenda, persist in the responsibility to protect their territory, realistically strengthen leadership, coordinate with relevant departments, organize special forces, firmly and reliably launch work, and appropriately deal with the aftermath of cessation of production and sales of electronic gaming equipment and other issues, ensuring that the special campaign obtains the expected results.
文化部 国家经贸委 公安部 信息产业部
外经贸部 海关总署 工商局
(六)以 “电脑屋 ”、 “网吧 ”、 “网络咖啡屋 ”等各种名义利用电子计算机从事经营性电脑游戏活动的；
经贸部门和信息产业部门要管好电子游戏设备及其零、附件的生产、销售环节，会同工商行政管理等有关部门对非法从事生产、经销者进行查处和打击。信息产业部门要坚决查处和取缔计算机信息网络经营场所(即 “电脑屋 ”、 “网吧 ”、 “网络咖啡屋 ”等)中的电脑游戏活动。