Opinions concerning Launching a Special Campaign to Bring Electronic Gaming Business Venues under Control

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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.

 

国务院办公厅转发文化部等部门关于开展
电子游戏经营场所专项治理意见的通知

 

国办发〔2000〕44号

各省、自治区、直辖市人民政府,国务院各部委、各直属机构:

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《关于开展电子游戏经营场所专项治理的意见》已经国务院批准,现转发给你们,请认真贯彻执行。

国务院办公厅

二○○○年六月十五日

关于开展电子游戏经营场所

专项治理的意见

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

(二 ○○○年六月十二日)

 

近年来,电子游戏经营场所过多过滥,一些地方监督管理不力,从而出现了大量违法、违规经营现象,严重危害了青少年的健康成长,扰乱了社会治安秩序,已成为社会一大公害,广大人民群众对此反应十分强烈,到了非彻底治理不可的地步。为了切实加强对电子游戏经营场所的监督管理,有效打击和遏制电子游戏经营场所出现的有害现象,并逐步彻底解决电子游戏经营场所问题,现提出如下意见:

一、2000年7、8、9三个月,在全国集中开展电子游戏经营场所专项治理。专项治理工作由文化部牵头,会同国家经贸委、公安部、信息产业部、外经贸部、海关总署、工商局联合进行。

要通过从严治理,取缔非法经营和严重违规经营的电子游戏经营场所,进一步明确电子游戏经营场所应具备的条件,大力压缩经营场所的数量,切实加强监督管理,严格实行电子游戏经营场所的依法规范经营。

二、自本意见发布之日起,各地要立即停止审批新的电子游戏经营场所,也不得审批现有的电子游戏经营场所增添或更新任何类型的电子游戏设备。

三、对存在以下情况的电子游戏经营场所,除由文化部门会同公安、信息产业、工商行政管理等部门依照有关规定分别处罚外,工商行政管理部门要吊销其营业执照或予以取缔,构成犯罪的,依法追究刑事责任:

(一)无证照或证照不全的;

(二)在中小学校周边200米以内的;

(三)在国家法定节假日以外接纳未成年人进入的;

(四)违反国家消防安全规定的;

(五)将电子游戏经营场所转包他人经营的;

(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;

(七)设置具有退币、退钢珠、退奖券、荧屏记分和其他中奖方式等赌博功能的电子游戏机机型、机种、电路板的;

(八)电子游戏机内设计、装置的游戏项目中含有反对宪法确定的基本原则,危害国家的统一、主权或者领土完整,危害国家安全、利益或者社会稳定,破坏民族团结、煽动民族分裂、侵害少数民族风俗习惯,宣扬淫秽、色情、迷信或者渲染暴力、有害消费者身心健康,违背社会公德或者诽谤、侮辱他人等内容的;

(九)经营者有其他违法经营和严重违规经营行为的。

四、要进一步明确电子游戏经营场所应具备的条件,完善和提高场地、环境、管理等方面的要求,严格按照有关规定对电子游戏经营场所进行重新审核登记。

经所在地县级以上人民政府文化、公安部门重新审核合格的,由工商行政管理部门重新核发营业执照;重新审核不合格的,要立即停业、关闭,由工商行政管理部门注销登记或吊销营业执照。

因违法经营或严重违规经营被取缔或吊销营业执照的电子游戏经营场所,其经营者不得再从事电子游戏经营活动。

五、经重新审核登记的电子游戏经营场所,营业时间不得早于8时、晚于24时,并须在场所外显著位置悬挂限制未成年人进入标志以及场所名称牌匾。违反上述规定的,由文化部门责令改正;拒不改正的,由文化部门提交工商行政管理部门依照有关规定予以处罚,直至吊销营业执照。

六、自本意见发布之日起,面向国内的电子游戏设备及其零、附件生产、销售即行停止。任何企业、个人不得再从事面向国内的电子游戏设备及其零、附件的生产、销售活动。一经发现向电子游戏经营场所销售电子游戏设备及其零、附件的,由经贸、信息产业部门会同工商行政管理等部门依照有关规定进行处理。

除加工贸易方式外,严格限制以其他贸易方式进口电子游戏设备及其零、附件(海关商品编号95041000、95043010、95049010)。对电子游戏设备及其零、附件的加工贸易业务,列入限制类加工贸易产品,并实行加工贸易保证金台账实转制度,外经贸部门要严格审批和管理,海关加强实际监管,其产品只能返销出境;逾期不能出口的,由海关依法予以收缴,或监督有关企业予以销毁。各地海关要加大查验力度,实施重点查控,坚决打击通过伪报、夹藏等方式走私电子游戏设备及其零、附件的非法行为。

七、各级文化、经贸、公安、信息产业、外经贸、海关、工商行政管理等部门要统一思想,提高认识,进一步明确各自的职责,在当地党委和政府的领导下,各司其职,各负其责,密切配合,把专项治理和日常的监督管理工作认真落到实处。

文化部门要发挥电子游戏经营场所主管部门的作用,认真做好对电子游戏经营场所的日常监督管理工作,及时研究解决电子游戏经营场所出现的问题。会同公安、工商行政管理等有关部门,共同做好对电子游戏经营场所的重新审核登记,查处违法违规经营活动。

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。

公安部门要加强对电子游戏经营场所的治安管理和经常性的消防安全检查,及时排除各种安全隐患,依法查处并严厉打击赌博、淫秽、色情、渲染暴力等违法犯罪活动。

外经贸部门要认真做好对电子游戏设备及其零、附件加工贸易的审批和管理工作;管好以加工贸易方式生产的电子游戏设备及其零、附件的返销出口,配合海关打击走私电子游戏设备及其零、附件的违法活动。

海关要加强对电子游戏设备及其零、附件进、出口的监管,认真查处并严厉打击走私电子游戏设备及其零、附件的违法活动。

工商行政管理部门要会同文化、公安部门做好对电子游戏经营场所的重新审核登记工作,对未经文化、公安部门审核合格的电子游戏经营场所要注销登记或吊销营业执照;对有违法经营和严重违规经营活动的电子游戏经营场所,要吊销营业执照;对非法设立的电子游戏经营场所,要坚决取缔并依法没收其违法所得及其从事违法经营所使用的器材设备等。对以内销为目的从事电子游戏设备及其零、附件生产、销售活动的生产、经销者,要依照有关规定吊销其营业执照。

八、各地在开展电子游戏经营场所专项治理的工作中,要充分发挥新闻媒体的作用,切实做好宣传教育和舆论引导工作。要通过公布有关部门的举报电话、建立必要的表彰奖励制度等方式,广泛发动人民群众参与,形成全社会共同抵制、打击电子游戏经营场所违法、违规经营活动的良好态势。

九、地方各级人民政府要从贯彻江泽民同志“三个代表”重要思想的高度,本着对党和人民高度负责的精神,充分认识开展电子游戏经营场所专项治理对保障青少年的身心健康,促进社会主义精神文明建设,保护广大人民群众根本利益的重要意义,将专项治理列入重要议事日程,坚持守土有责,切实加强领导,协调有关部门,组织专门力量,坚决稳妥地开展工作,并妥善处理好停止生产、销售电子游戏设备的善后等问题,使专项治理取得预期的成效。

One thought on “Opinions concerning Launching a Special Campaign to Bring Electronic Gaming Business Venues under Control

    Latest updates | China Copyright and Media said:
    February 1, 2013 at 10:55 am

    […] Opinions concerning Launching a Special Campaign to Bring Electronic Gaming Business Venues under C… (2000) […]

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