All provincial, autonomous region and municipal culture offices (bureaus), the Xinjiang Production-Construction Corps Culture, Radio and Television Bureau, Beijing, Tianjin, Shanghai and Chongqing Culture Market Administrative Law Enforcement Teams:
Our country’s first departmental regulation on network gaming management, the “Provisional Network Gaming Management Rules” (Ministry of Culture Decree No. 49, hereafter simply named “Rules”) took effect on 1 August 2010. The implementation of the “Rules” is an important method to persist in managing network gaming according to the law, and realistically ensuring that network gaming management attains desired goals, and is an important measure for standardizing network gaming business order and safeguarding a healthy and harmonious network culture environment. All localities must, with a spirit of daring to manage or being good at management, realistically perform all work to implement the “Rules”, and the relevant matters are hereby notified as follows:
I, Clarifying management counterparts, standardizing subject examination and approval
(1) Further clarifying management counterparts. Network gaming as named in the “Rules” mainly includes network games with customer terminals, Internet browsers or other terminals as operational form, as well as single-machine version games provided to the public through information networks. Other terminals refers to mobile telephones, individual digital processors, networked gaming consoles and all sorts of information equipment connected to information networks.
(2) Strictly standardizing subject examination and approval. Provincial-level administrative culture departments shall, according to the conditions and procedures provided in the “Rules”, be responsible for implementing subject access over work units engaging in network gaming online operation, network gaming virtual currency issuance and network gaming virtual goods exchange services, and other business activities, and formulating examination and approval work processes. Those found to meet qualifications through examination and verification, are issued with a “Network Culture Business Permit” after obtaining a Ministry of Culture uniform sequence number, and the examination and approval results are timely announced to society.
Content and authorization activity management must be strengthened concerning work units that do not need to obtain a “Network Culture Business Permit”, and engage in network gaming research, development and production.
II: Strengthening network gaming content management
(3) Carrying out electronic government affairs, making information public according to the law. Network gaming business enterprises may, through the Ministry of Culture “Network Gaming Content Examination Online Reporting and Progress Inquiry System”, perform reporting or filing procedures. The Ministry of Culture makes information on network gaming products having passed examination and filing public according to the law, provides real-time inquiry to society and accepts social supervision.
(4) Strengthening imported network game content examination. Network gaming business enterprises applying for imported network game content examination shall ensure that the reported network game research and development is complete, and is consistent with the official version used in business (or public service), and complete materials are filed according to the corresponding requirements of Article 11 of the “Rules”, and are reported to the Ministry of Culture for content examination. Network gaming business enterprises may not open user registration or receive fees from users before content examination is passed, and may not launch commercial activities through commercial cooperation, advertising, sales etc.
(5) Standardizing domestically produced network gaming filing. Network gaming business enterprises applying for domestic network game filing shall, according to the corresponding requirements of Article 13 of the “Rules, file complete materials, and report to the Ministry of Culture to conduct filing formalities. An exclusive reporting system is implemented for domestically produced network game filing, meaning that one domestically produced network game may only be reported by one network gaming business enterprises.
Where domestically-produced network games are jointly operated, the network game copyright holder shall conduct reporting. Where domestically produced network game copyright holders do not engage in the operation of said network games, they may authorize one network gaming business enterprise jointly operating the network game to exclusively report and file it.
Joint operation of domestically produced network games refers to one domestically produced network game being respectively operated by many network gaming business enterprises, and all network gaming business enterprises participating in the operation of the said network game having obtained permission from the copyright holder of the said network game according to the law.
(6) Strengthening network gaming dynamic supervision and management. Provincial-level administrative culture departments and comprehensive cultural market law enforcement organs shall, according to the provisions of Article 14 of the “Rules”, strengthen management over substantial fluctuations in network gaming content. Network gaming business enterprises shall conduct self-inspection over substantial fluctuations in network gaming content and implement self-inspection and filing formalities. Where there is objection, the Ministry of Culture network gaming content examination expert committee shall adjudicate.
III, Strengthening network gaming business activity supervision and management.
(7) Adopting realistic and effective measures to protect minors. Network gaming business enterprises shall, according to the requirements of Article 16 of the “Rules”, formulate user guidance and warning explanations. User guidance and warning explanations shall include a presentation of the game content, the method to correctly use the game as well as methods to prevent harm from occurring. They must, according to the real situation of the network game, formulate concrete regulations limiting minors from registering for the game and using the game, and adopt corresponding technological measures and management standards. They must further perfect network gaming minors’ parent supervision and protection project and the suitable age prompting project, and provide systemic guarantees for minors to play healthy games, and to healthily play games.
(8) Moving real-name registration systems forward in an orderly manner. Network gaming business enterprises must establish and perfect effective real-name registration systems, the said systems shall include the real full name of the network game user, the valid identification document number, contact method and other information. Network gaming business enterprises shall, according to State provisions concerning information security, preserve the registered information of users, and clearly notify users about their individual information and privacy protection policies in the real-name registration system.
All levels’ administrative culture departments and comprehensive cultural market law enforcement organs must supervise network gaming business enterprises’ accelerating the reform of existing registration systems. For network game products and registered users after 1 August 2020, the network gaming business enterprise shall implement the “Rules” within three months, and utilize real-name registration systems meeting regulations; for network game products and registered users before 1 August 2010, the network gaming business enterprises shall implement the “Rules” within six months, complete the construction of supplementary real-name registration information systems, and put them into use.
(9) Clarifying domestically-produced network game joint business standards. Network gaming joint business work units that are authorized to register exclusively, shall submit a list of names of all jointly-operating network gaming business enterprises operating said network game and permission documents stating that each has obtained lawful authorization. Where the quantity of domestically-produced network game joint business enterprises changes, it must be filed with the Ministry of Culture within 30 days from the newly-added or departed joint operating work unit activity occurring. Domestically-produced network game authorized persons must strengthen authorization management, and are jointly responsible for the propaganda, dissemination and other business activities of the network gaming business enterprise.
(10) Establishing and perfecting self-inspection systems. Network gaming business enterprises shall allocate with specialist personnel that has undergone Ministry of Culture training to be responsible for network game content and business activity self-inspection and management, and submits corresponding materials to the provincial administrative culture department including the self-inspection system of that enterprises and detailed information of the self-inspection personnel, which is reported by the provincial-level administrative culture department to the Ministry of Culture for filing.
(11) Standardizing network gaming authorization and authorization transfer acts. Network gaming business work units shall, according to the provisions of Article 17 of the “Rules”, earnestly check that the authorized person has network gaming business qualifications. Where network gaming business work units clearly know or should know that the authorized person does not have network gaming business qualifications and still authorized them to provide network games to the public through information networks, they will be investigated and prosecuted according to the provisions of Article 31 of the “Rules”. Where network gaming business enterprises violate the provisions of Article 17 of the “Rules”, and the authorized network game contains content prohibited by Article 9 of the “rules”, and an evil influence results, it will be severely punished according to the provisions of Article 30 Paragraph 1 of the “Rules”.
Where, during the process of network games’ online operation, the operating authorization is transferred, the two changing sides shall adopt vigorous steps to guarantee the lawful rights and interests of the users of the network game. When the operation right is transferred, the network gaming business work units having the network game user database bears the responsibility for guaranteeing network game users’ lawful rights and interests engendered by using the said game. Where network gaming business enterprises’ exclusive licence to operate imported network games online expires, and they continue to provide the network game to the public through information networks, they are investigated and prosecuted according to the law.
(12) Carrying out the “Essential Provisions on Network Game Service Formalization”. In order to guarantee the lawful rights and interests of network game users, and according to the principles of honesty, trust and fairness, the Ministry of Culture formulated the “Essential Provisions on Network Game Service Formalization” (see attachment). Network gaming business enterprises shall include the complete content of the “Essential Provisions on Network Game Service Formalization” in their service agreements with users, and no other provisions conflicting with them may exist. The implementation of the “Essential Provisions on Network Game Service Formalization” shall be developed in step with network game user real-name registration.
(13) Strengthening network gaming virtual currency exchange service management. Network gaming virtual currency exchange service enterprises may not provide exchange services for network games that have not been examined or filed by the Ministry of Culture, network games operated by enterprises not having network gaming business qualifications and network games operated from outside the borders of the People’s Republic of China.
(14) Sealing and blocking payment channels for illegal games and unlawful business activities. No work unit may provide third-party payment, online banking payment and other payment and accounting services and all other forms and types of payment services to illegal network games and unlawful network gaming business activities. Where, under the condition that it is clearly known or should be known that the service provision counterpart is an illegal network game, payment services are still provided, the administrative culture department or the comprehensive culture market law enforcement organ, according to the “Illegal Financial Organ Payment Service Management Rules” and other laws and regulations, notify relevant organs to deal with this according to the law.
IV, Strengthening leadership, expanding propaganda, strengthening supervision.
(15) Strengthening organizational leadership and examination. All levels’ administrative culture departments and comprehensive culture market law enforcement organs must strengthen their organizational leadership concerning implementation of the “Rules”, fully give rein to the function of Internet Cafe and Network Game Management Work Coordination Small Groups, satisfactorily implement all systems, measures and requirements provided in the “rules” jointly with other relevant departments, establish and complete long-term mechanisms for comprehensive network gaming governance.
Provincial-level administrative culture departments must conduct supervision over implementation work of the “Rules”, and report the corresponding situation to the Ministry of Culture. The Ministry of Culture will conduct inspection of all localities’ implementation work at the and of 2010, the inspection results will become an important indicator for administrative culture market law enforcement assessment.
(16) Expanding the public opinion propaganda strength. All levels’ administrative culture departments must launch special propaganda month activities concerning the “Rules”, and fully utilize newspapers, periodicals, radio, television, information networks and other media, to conduct complete reporting of the systems, provisions and implementation of the “Rules”. Network gaming business work units with strong implementation must be timely rewarded, and network gaming business work units with unsatisfactory implementation of management systems or weak execution must, at the same time as being investigated and prosecuted according to the law, be exposed and criticized in news media.
(17) Strengthening social supervision and discussion. All levels’ administrative culture departments and comprehensive culture market law enforcement organs must establish and perfect reporting systems, and achieve that reports are investigated and there is timely feedback on investigation results. It is necessary to cooperate closely with schools, household heads, media and society, in assisting the implementation of guardian responsibility of households and schools, and shape joint forces. It is necessary to, on the basis of public sentiment and reports, timely organize discussion activities with education workers, consumers, relevant departments and news media representatives concerning designated network gaming products. Sector organizations must vigorously guide enterprises to conduct self-examination and self-inspection of their own products and business activities, and relevant administrative culture departments and comprehensive culture market law enforcement organs must timely investigate and prosecuted unlawful acts reported by sector organizations.
It is hereby notified.
Essential Provisions on Network Game Service Formalization
29 July 2010