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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ESTABLISHMENT OF PUBLICATION ENTITIES CHAPTER III MANAGEMENT OF PUBLICATION ACTIVITIES CHAPTER IV MANAGEMENT OF AUDIO AND VIDEO PRODUCTS NOT FOR SALE CHAPTER V MANAGEMENT OF ENTRUSTED REPRODUCTION CHAPTER VI EXAMINATION AND REGISTRATION CHAPTER VII PUNISHMENT PROVISIONS CHAPTER VIII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. With a view to strengthening the administration of publication of audio and video products, promoting the healthy development and flourishing of the cause of publication of audio and video products, the present Provisions are formulated in accordance with the Regulations on the Administration of Publication and the Regulations on the Administration of Audio and Video Products. Article 2. The present Provisions shall apply to the activities of publication of audio and video products within the territory of the People's Republic of China. The term "audio and video products" mentioned in the present Provisions refers to the AT, VT, CD, VCD and DVD on which contents were recorded. Article 3. No organization or individual may publish any audio and video products with any prohibited content prescribed in the second paragraph of Article 3 of the Regulations on the Administration of Audio and Video Products. Article 4. The General Administration of Press and Publication (hereinafter referred to the GAPP) shall be responsible for the supervision and administration of the publication of audio and video products of the whole country. The publication administrative departments of the people's government at the county level or above (hereinafter referred to the publication administrative departments) shall be responsible for the supervision and administration of the publication of audio and video products within their respective administrative areas. The administrative organ in charge of the audio and video product publishing entity or the sponsoring entity of an audio and video product publishing entity shall, according to the publication laws, regulations and rules, perform the administrative functions on the publication activities of the audio and video product publishing entity. Article 5. The state shall adopt a licensing system for the audio and video products. Without a license, no entity or individual may undertake the publication of audio and video products. No licensing certificate or approval document of publication of audio and video products may be leased, lent, sold or transferred by any means. Article 6. Under the guidance of the publication administrative departments, the social groups in the industry of audio and video products shall, according to their respective articles of association, conduct self-disciplinary management. CHAPTER II ESTABLISHMENT OF PUBLICATION ENTITIES Article 7. Any one who applies for establishing an audio and video product publishing entity shall meet the following conditions: (1) having the name and articles of association of the audio and video product publishing entity; (2) having the sponsoring entity and the administrative organ in charge that meet the requirements of the GAPP; (3) having a well-defined scope of business; (4) having an organization fitting in with the needs of its scope of business and having at least 10 editors who have acquired qualifications prescribed by the state for the professionals of publication, among whom at least 5 persons have undertaken the publication of audio and video products for 2 years or more and have acquired the superior title for professionals of publication; (5) having a registered capital of 300,000 yuan or more; (6) having the equipment and working place fitting in with its business scope. The area of its fixed working place shall not be less than 200 square meters; and (7) other conditions provided for in laws and administrative regulations. The examination and approval of the establishment of an audio and video product publishing entity shall not only be in accordance with the conditions enumerated in the preceding paragraph, but also conform to the planning of the state on the total volume, distribution and structure of the audio and video products. Article 8. When applying for establishing an audio and video product publishing entity, the sponsoring entity shall file an application to the local publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government, which shall put forward an examination opinion within 20 days as of accepting the application and shall submit the opinion and application materials to the GAPP for examination and approval. Article 9. The application for establishing an audio and video product publishing entity shall specify the following items: (1) the name and address of the audio and video product publishing entity; (2) the name and address of the sponsoring entity of and the administrative organ in charge of the audio and video product publishing entity; (3) the names, addresses and qualification certification documents of the legal representative or the main principal and audio & video product publishing professionals of the audio and video product publishing entity; (4) the sources and amount of funds, and credit certification of the audio and video product publishing entity; and (5) the certification documents on the business place of the audio and video product publishing entity. The application shall be accompanied by the articles of association of the to-be-established publishing entity and the relevant evidential materials of the sponsoring entity and the administrative organ in charge of the to-be-established publishing entity. Article 10. The GAPP shall make a decision of approval or disapproval within 60 days from the day when it receives the application and let the publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government to inform the sponsoring entity of the decision in writing. If it disapproves, it shall give an explanation. Article 11. The sponsoring entity of an audio and video product publishing entity shall, within 60 days as of receiving the approval decision, registration at the local publication administrative department of the province, autonomous region or municipality directly under the Central Government, from which it shall obtain the License for Publishing Audio and Video Products. After registration, the audio and video publishing entity shall, upon the strength of the License for Publishing Audio and Video Products, registration at the administrative department for industry and commerce, and from which it shall obtain a business license in accordance with the law. If the audio and video product publishing entity fails to undertake publishing activities for up to 180 days as of the registration date, the publication administrative department that handled the registration shall cancel the registration and report it to the GAPP for archival purpose. If the circumstance mentioned in the preceding paragraph occurs due to a force majeure or any other justifiable reason, the audio and video publishing entity shall apply to the publication administrative entity for extending the time limit. Article 12. Where an audio and video product publishing entity intends to change its name, sponsoring entity, administrative organ in charge or scope of business, or to merge into another audio and video product publishing entity, or to establish a new audio and video product publishing entity due to merger or division, it shall go through the formalities of examination and approval in accordance with Articles 7 through 10 of the present Provisions, and shall go through the corresponding registration formalities in the administrative department for industry and commerce that handled the original registration. Article 13. Where an audio and video product publishing entity intends to change its address, legal representative or main principal, or to terminate its publishing business activities, it shall go through the modification registration or cancellation registration in the administrative department for industry and commerce that handled the original registration, and shall report it to the GAPP for archival purpose within 30 days. Article 14. The legal representative or the main principal of au audio and video product publishing entity shall have the occupational qualification of a medium-grade technician of publication profession or above, shall have 3 or more years of experience in audio and video publication business and shall have undergone the post training organized by the GAPP or by the publication administrative department of the people's government of a province, autonomous region, or municipality directly under the Central Government. Article 15. Among the personnel of an audio and video product publishing entity, those responsible for editing, publication, collation and other professional technical tasks shall have passed the national occupational qualification examination for technicians of publication profession, shall have obtained the occupational qualification of publication profession at the prescribed grade, and shall take their respective post upon the strength of the corresponding Occupational Qualification Certificate for Technicians of Publication Profession of the People's Republic of China. CHAPTER III MANAGEMENT OF PUBLICATION ACTIVITIES Article 16. No audio and video product publishing entity may undertaken publication activities of audio and video products beyond the business scope defined in the License for Publishing Audio and Video Products. Article 17. An audio and video product publishing entity shall, under the national standards and other relevant requirements, label and use the "Code for China's Standard Audio and Video Products" (hereinafter referred to the Code). The Codes shall be managed and controlled by the GAPP and shall be issued by the publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. Article 18. An audio and video product publishing entity shall apply an editor responsibility system so as to ensure that all the contents of the audio and video products be legal. Article 19. An audio and video product publishing entity shall apply a yearly publication plan record-keeping system. A publication plan shall include the items such as the topic name, production entity, main producers, category, carrier, abstract, length of programs and the time to publish. The publication plan shall be submitted by following the procedures as below: (1) The publication plan of the current year shall be submitted not later than December 20 of the previous year; during the period of March 1-20 or September 1-20, the publication adjustment plan of the current year shall be submitted; (2) The publication plan and publication adjustment plan shall be subject to the examination of the publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government; and (3) The publication administrative department of the province, autonomous region, or municipality directly under the Central Government shall give the examination opinion to the audio and video product publishing entity and report it to the GAPP for archival purpose within 20 days as of accepting the application for submission of publication plan. Article 20. Where any selected publication topic of an audio and video publishing entity relates to the state security and social stability, it shall be reported to the GAPP according to the relevant provisions on the record-keeping of significant topics. Any unrecorded important topic shall not be published. Article 21. Where a book publishing house, newspaper office, periodical office or electronic publication publishing house publishes any audio and video products relating to the publications of the current edition, it shall submit an application and a sample to the publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. Article 22. The application for publishing the audio and video products relating to the publications of the current edition shall state the name of the publication of the current edition, production entity, main producers, main content, time to publish, length of program, reproduction quantities and form of carrier. Article 23. The publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the publishing entity is located shall examine the application and the sample within 20 days as of accepting the application. If it approves upon examination, it shall issue a code and a reproduction entrustment letter to the applicant and report to the GAPP for archival purpose. If it disapproves, it shall give an explanation. Article 24. With regard to the ratified audio and video products relating to the publications of the current edition, their name shall be identical with the publications of the current edition. And they shall be sold together with the publications of the current edition and shall not be sold at a separate price. Article 25. An audio and video publishing entity, and other publishing entities that are authorized to publish the audio and video products relating to the publications of the current edition, shall give clear indications of the name and address of the publishing entity, code of audio and video products, date of publication, responsible editor, copyright holder and bar code on a conspicuous place of each of the audio and video products and their packages. Article 26. No audio and video product publishing entity may lease, lend, sell or transfer in any other form the name or code of this entity to any entity or individual. Article 27. No entity or individual may undertake activities of publishing audio and video products by means of purchasing, leasing, borrowing, using the name of an audio and video product publishing entity without permission, or purchasing or forging code. Article 28. An audio and video product publishing entity may not entrust any entity without Audio and Video Product Production License to produce audio and video products. Article 29. The audio and video product publishing entity, or the publishing entity that is authorized to publish the audio and video products relating to the publications of the current edition, shall, within 30 days as of the publication date of the audio and video products, present samples for free to the National Library of China, the Archives Library of Chinese Publications and the administrative department for publication under the State Council. CHAPTER IV MANAGEMENT OF AUDIO AND VIDEO PRODUCTS NOT FOR SALE Article 30. The audio and video products that are given to others, handed out or exchanged gratuitously belong to the audio and video products not for sale. Such products may not be priced, may not be sold or sold in a disguised form, and no fee may be charged. Article 31. With regard to the reproduction of the audio and video products not for sale upon entrustment, an application, accompanied by a sample, shall be filed with the publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government where the entrusting party or the entrusted party is located. The application shall state the purpose, name, production entity, main content, objects, reproduction quantities, length of program and form of carrier of the audio and video products not for sale. The publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall, within 20 days after it accepts the application for reproducing the audio and video products not for sale upon entrustment, examine the application. If the application meets the requirements of the present Provisions, it shall grant an audio and video product reproduction entrustment letter to the entrusting reproduction entity Article 32. The audio and video products not for sale shall be numbered in a unified way. A number shall be divided into four parts. The first shall be the abbreviation of the name of the province, autonomous region or municipality directly under the Central Government; the second shall be the words "audio and video products not for sale"; the third shall be the year and the fourth shall be the serial number. An audio and video product not for sale shall have a clear indication of the number thereof at the eye-catching position of the package and disk (tape). CHAPTER V MANAGEMENT OF ENTRUSTED REPRODUCTION Article 33. A reproduction entrustment letter shall be used for entrusting the reproduction of any audio and video product. The audio and video publishing entities and other entrusting reproduction entities shall comply with the provisions of the state on reproduction entrustment letters. The reproduction entrustment letters shall be printed and produced by the GAPP in a unified way. Article 34. An audio and video publishing entity or any other entrusting reproduction entity may get reproduction entrustment letter from the publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. Article 35. A publishing entity or any other entrusting reproduction entity shall issue or fill out the reproduction entrustment letter under the pertinent provisions and shall directly deliver it to the reproduction entity. A publishing entity or any other entrusting reproduction entity shall ensure that the content of the reproduction entrustment letter be authentic, exact and complete. A publishing entity or any other entrusting reproduction entity may not sell or transfer in any form the reproduction entrustment letter to any entity or individual. Article 36. An audio and video publishing entity or any other entrusting reproduction entity shall determine and designate a full-time employee to manage the reproduction entrustment letters and to establish records on the use of them. The record of using a reproduction entrustment letter shall include the date of issuance, names of the audio and video products and concrete programs, corresponding code and signature of the managerial person. The record of using a reproduction entrustment letter shall be kept for 2 years. Article 37. An audio and video publishing entity or any other entrusting reproduction entity shall, within 30 days from the day after the reproduction of audio and video products is completed, submit the second page of the reproduction entrustment letter sealed by this entity and by the reproduction entity and a sample of the audio and video product to the local publication administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government. Article 38. Where an entity, who applies to publish the audio and video products relating to the publications of the current edition or the audio and video products not for sale, fails to publish such products within 90 days as of obtaining the approval, it shall hand back the reproduction entrustment letter to the local publication administrative department of the province, autonomous region, or municipality directly under the Central Government. Article 39. The audio and video products published by an audio and video product publishing entity, and the audio and video products relating to the publications of the current edition and the audio and video products not for sale published by any other publishing entity shall be entrusted to a lawfully established reproduction entity to reproduce. CHAPTER VI EXAMINATION AND REGISTRATION Article 40. An examination and registration system shall be applied to the audio and video product publishing entities, which shall be subject to examination and registration once every two years. Article 41. An audio and video product publishing entity shall submit the following materials when applying for examination and registration: (1) The Audio and Video Product Publishing Entity Examination and Registration Form; (2) The report on the publication of audio and video products, including the implementation of the laws, regulations and rules regarding the administration of publication, business operations of publication, and information about personnel, business place and facilities. (3) The registration form of audio and video products published in the recent two years; and (4) A copy of publication license. Article 42. An audio and video product publishing entity shall, not later than January 15 of each examination and registration year, submit an yearly examination and registration application and the pertinent materials to the local publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government. The publication administrative departments of the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government shall examine the registration applications within their respective administrative areas and shall complete the examination and registration work not later than the end of February of the same year. Article 43. With regard to an audio and video publishing entity that meets the following conditions, the publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall register it: (1) Meeting the requirements prescribed in Article 7 of the present Provisions; (2) Having not violated any law, regulation or rule regarding the administration of publication within the recent two years; and (3) Having published at least 10 kinds of audio and video products. Article 44. With regard to an audio and video publishing entity that fails to meet any of the conditions prescribed in the preceding article, the publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall suspend the registration. The time period for the suspension of registration shall be 3 months. The publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall order the aforesaid publishing entity to make rectification within this time period so as to satisfy the requirements listed in Article 7 of the present Provisions. Prior to the expiration of the time period for suspension of registration, the publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall conduct examination over the aforesaid publishing entity, it shall register it if it meets the requirements prescribed in Article 7 of the present Provisions. If the entity still fails to satisfy these requirements, the publication administrative department shall put forward an opinion on writing off the registration of the entity to the GAPP for approval. With regard to a publishing entity whose registration has been written off, the publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall withdraw its publication license. Article 45. Each publication administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government shall report and submit the photocopies of the summarized examination and registration information and the relevant materials to the GAPP for archival purpose. CHAPTER VII PUNISHMENT PROVISIONS Article 46. Without approval, any one who establishes any audio and video product publishing entity or undertakes business of publication of the audio and video products shall be punished in accordance with Article 39 of the Regulations on the Administration of Audio and Video Products. Article 47. Any one who publishes audio and video products containing any prohibited content prescribed in Paragraph 2 of Article 3 of the Regulations on the Administration of Audio and Video Products shall be punished in pursuance of Article 40 of the Regulations on the Administration of Audio and Video Products. Article 48. An audio and video product publishing entity that commits any of the following acts shall be punished in accordance with Article 42 of the Regulations on the Administration of Audio and Video Products: (1) Leasing, lending, selling or transferring in any other form the name, the license or approval documents of publication of audio and video products of this entity to any other entity or individual; selling or transferring in any other form the code or reproduction entrustment letter of this entity to any other entity or individual; or (2) Entrusting an entity that fails to obtain the License for Publishing Audio and Video Products to reproduce audio and video products, or entrusting an illegally established reproduction entity to reproduce audio and video products. Article 49. An audio and video product publishing entity that commits any of the following acts shall be punished in accordance with Article 44 of the Regulations on the Administration of Audio and Video Products: (1) Failing to submit the annual publication plan and the selected publication topics relating to the state security and social stability to the GAPP for archival purpose; (2) Failing to go through the examination and approval or record-keeping formalities prescribed in Articles12 and 13, when making any modification to its name, sponsoring entity or administrative organ, address, legal representative or main principal or business scope; (3) Failing to give clear indications of the items as required in the present Provisions on the eye-catching positions of the audio and video products published by it and on their packages; or (4) Failing to submit sample audio and video product within the prescribed time period. Article 50. Any one who is under any of the following circumstances shall be ordered to cease the illegal act, shall be given a warning and shall be fined 30,000 yuan concurrently by the publication administrative department: (1) Any other publishing entity publishes any audio and video products relating to the publications of current edition, but the name of the audio and video products isn't identical with that of the publications of the current edition or such audio and video products are priced and sold separately; (2) The audio and video publishing entity or any other entrusting reproduction entity fails to preserve the materials for consultation according to the content and time period prescribed in Article 36 of the present Provisions£» (3) An entrusting reproduction entity of products not for sale sells or sells in a disguised form such products or charges fees concerning such products; or (4) An entrusting reproduction entity of products not for sale fails to give a clear indication of the number of the products not for sale on the eye-catching positions of the packages and disks or tapes. CHAPTER VIII SUPPLEMENTARY PROVISIONS Article 51. The publication licenses of audio-video products shall be printed and produced by the GAPP. Article 52. The relevant administrative licensing time limits mentioned in the present Provisions shall be calculated on the basis of working days, excluding the legal holidays. Article 53. The present Provisions shall take effect as of August 1, 2004, and the Measures for the Administration of Publication of Audio and Video Products promulgated by the GAPP on February 1, 1996 shall be abolished simultaneously. |
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