China Law Online Database : novexcn.com

You are using Guest Account

Subscribe To This Law Only

Subscribe To All Law Contents

Print This Page

Back




	DECISION OF THE MINISTRY OF CULTURE ON REVISING THE "PROVISIONS OF THE MINISTRY OF CULTURE ON THE ADMINISTRATION OF FOREIGN-RELATED CULTURE AND ART PERFORMANCES AND SHOWS", AND OTHER REGULATIONS

	(Order of the Ministry of Culture of the People's Republic of China (No.32), July 1, 2004: The Decision of the Ministry of Culture on Revising the "Provisions of the Ministry of Culture on the Administration of Foreign-related Culture and Art Performances and Shows", "Measures for the Administration of the Wholesale, Retail and Lease of Audio-visual Products" and the "Interim Provisions on the Administration of Internet Culture" and Other Regulations, which was deliberated and adopted at the ministerial meeting of the Ministry of Culture on June 2, 2004, is hereby promulgated, and shall come into force as of July 1, 2004)


SUBJECT : REGULATIONS ON PERFORMANCES, AUDITO-VISUAL PRODUCTS, INTERNET CULTURE; AMENDMENTS
ISSUING DEPARTMENT : MINISTRY OF CULTURE OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 07/01/2004
IMPLEMENT DATE : 07/01/2004
LENGTH : 2,591 words
TEXT :

Decision of the Ministry of Culture on Revising the "Provisions of the Ministry of Culture on the Administration of Foreign-related Culture and Art Performances and Shows", "Measures for the Administration of the Wholesale, Retail and Lease of Audio-visual Products" and the "Interim Provisions on the Administration of Internet Culture" and Other Regulations is as follows:

I. FOREIGN-RELATED CULTURE AND ART PERFORMANCES AND SHOWS

ARTICLE 6 of the Provisions of the Ministry of Culture on Foreign-related Culture and Art Performances and Shows shall be modified as: The Ministry of Culture shall be responsible for the administration of activities of national foreign-related culture and art performances and shows through specialized departments and make macro-control over these activities, and shall exercise the following authority:

1. Arranging as a whole and organizing to implement the plan for national level activities of foreign-related culture and art performances and shows;

2. Coordinating with and balancing the work for foreign-related culture and art performances and shows of all the provinces, autonomous regions, and municipalities directly under the Central Government, the Central Government and the state organs, ministries and commissions, the People's Liberation Army and the national people's organizations;

3. Approving or disapproving the application for project initiation of activities of foreign-related culture and art performances and shows, unless otherwise specified by the present Provisions;

4. Determining the qualification of any organizer of activities of foreign-related non-commercial culture and art performances and shows of the central government and state organs, ministries and commissions, the People's Liberation Army and national people's organizations and their subordinated institutions;

5. Examining and determining the qualification of any national business institution undertaking activities of foreign-related commercial and onerous culture and art performances and shows (exhibition sales);

6. Supervising over and inspecting institutions of foreign-related culture and art performances and shows and their activities;

7. Investigating into and punishing illegal matters of major influence in activities of foreign-related culture and art performances and shows; and

8. Other authorities that shall be exercised by the Ministry of Culture.

II. FOREIGN-RELATED CULTURE AND ART PERFORMANCES AND SHOWS

ARTICLE 30 of the Measures for the Administration of Wholesale, Retail and Lease of Audio-visual Products shall be modified as: The administrative departments of culture of the local people's governments at or above the county level shall strengthen supervision over and administration on the meetings for ordering and sale of audio-visual products held by the entities engaging in the publication and wholesale of audio-visual products.

The entities engaging in the publication and wholesale of audio-visual products shall, within 30 days after the end of any meetings of ordering or sale of audio-visual products, submit summary documents to the administrative departments of culture of the people's governments of the province, autonomous region and municipality directly under the Central Government at the place where such meetings are held. The summary documents shall specify such contents as the name of the entity for holding the meeting for ordering or sale of products, place, time, entities taking part in the exhibition and catalogues of the products.

ARTICLE 33 of the Measures for the Administration of the Wholesale, Retail and Lease of Audio-visual Products shall be deleted, and the sequence numbers of the remaining Articles shall be moved upward in turn.

III. INTERIM PROVISIONS ON THE ADMINISTRATION OF INTERNET CULTURE

The Interim Provisions on the Administration of Internet Culture shall be amended as follows:

Paragraph 2 of ARTICLE 6 shall be modified as: The administrative departments of culture of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the routine administration of internet cultural activities within their own administrative districts, and make preliminary examination on entities applying for undertaking for-profit internet cultural activities, and make archival filing on entities undertaking non-profit internet cultural activities, and make punishment on acts of undertaking internet cultural activities in violation of the relevant regulations of the state.

Paragraph 1 of ARTICLE 7 shall be modified as: The establishment of any for-profit internet cultural entity shall correspond with the relevant provisions of the Measures for the Administration of Internet Information Services, and shall meet the following conditions:

1. Having the name, address, organizations and articles of association of the entity;

2. Having a fixed scope of internet cultural activities;

3. Having more than 8 business management personnel and professional technicians who meet the requirements of internet cultural activities and have obtained the corresponding qualifications of practice;

4. Having capital of more than RMB one million Yuan, equipments meeting the requirements for internet cultural activities, work place and the corresponding management and technical measures; and

5. Other conditions as prescribed by laws and regulations.

When making examination and approval for any for-profit internet cultural entity, the plan for total amount, structure and overall arrangement of internet cultural entities shall also be met in addition to conforming to the aforesaid conditions.

ARTICLE 8 shall be modified as: Any entity applying for establishment of any for-profit internet cultural entity shall file an application to the administrative department of culture of the people's governments of the province, autonomous region, and municipality directly under the Central Government at its locality, who shall submit to the Ministry of Culture for examination and approval after preliminary examination.

ARTICLE 9 shall be modified as: Any entity applying for establishment of for-profit internet cultural entity shall take the organizational form of an enterprise and submit the following documents:

1. Application Form;

2. Notice of advance approval for the name of the enterprise or the business license and articles of association;

3. Source and amount of capital and the credit certification documents;

4. Qualification certificate and identity certificate documents of the legal representative or the main responsible person, and the main management personnel, and professional technicians;

5. Certification documents of for the use right of the work place;

6. Business development report; and

7. Other documents that need to be submitted according to law.

The administrative departments of culture of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall bring forward preliminary examination opinions on any application for the establishment of any for-profit internet cultural entity within 20 workdays after the application is accepted, and report to the Ministry of Culture, who shall make a decision on approval or not approval within 20 workdays from the date of receiving the preliminary examination opinions. If it grants approval, it shall issue the Permit for Operation of Internet Culture; if it does not grant approval, it shall explain the reasons.

ARTICLE 10 shall be modified as: A non-profit internet cultural entity shall put on records at the administrative department of culture of the people's government of the province, autonomous region and municipality directly under the Central Government at its locality within 60 days after its establishment. The archival filing documents shall include the following contents:

1. Archival filing report;

2. Articles of association;

3. Source and amount of capital and the documents of credit certification;

4. Qualification certificates and identity certificate documents of the legal representatives or the main responsible person, and the main business management personnel, and professional technicians;

5. Documents of certificate for the use right of the work place; and

6. Other documents that need to be submitted.

ARTICLE 11 shall be modified as: After the application for the establishment of a for-profit internet culture entity is approved, the entity shall go through the relevant formalities at the local telecommunication management institutions or the competent department of information industry of the State Council upon the strength of the Permit for Operation of Internet Culture in accordance with the relevant provisions of the Measures for the Administration of Internet Information Services.

ARTICLE 12 shall be modified as: An internet cultural entity shall indicate the serial number or archival filing number of the Permit for Operation of Internet Culture issued by the administrative department of culture on the eye-catching place of the homepage of its website, and indicate the number of the business permit or archival filing number issued by the competent department of information industry of the State Council or the telecommunication administrative institutions of provinces, autonomous regions and municipalities directly under the Central Government.

ARTICLE 13 shall be modified as: In case any for-profit internet cultural entity alters its name, modifies its business scope, is merged or divided, it shall go through alteration formalities according to the present Provisions, and go through the formalities to the local telecommunication management institutions accordingly upon the strengthen of the Permit for Operation of Internet Culture of the administrative department of culture.

In case any non-profit internet cultural entity alters its name, business scope, mergers or divides, it shall go through the formalities for archival filing again within 60 days after the alteration.

ARTICLE 15 shall be modified as: Where a for-profit internet cultural entity fails to carry out internet cultural activities within 180 days from the date of obtaining the Permit for Operation of Internet Culture and handling the enterprise registration according to law, the Ministry of Culture or the administrative departments of culture of the people's governments of the former approval province, autonomous region, and municipality directly under the Central Government shall suggest the Ministry of Culture to revoke the Permit for Operation of Internet Culture, and notify the telecommunication management institutions of the relevant provinces, autonomous regions, and municipalities directly under the Central Government.

In case a non-profit internet cultural entity stops its internet cultural activities, the former archival filing administrative department of culture of the province, autonomous region, or municipality directly under the Central Government shall revoke the archival filing and notify the telecommunication management institutions of the relevant provinces, autonomous regions, or municipalities directly under the Central Government at the same time.

ARTICLE 16 shall be modified as: The import of internet cultural products shall be conducted by the for-profit internet cultural entity that has obtained the Permit for Operation of Internet Culture as checked and issued by the Ministry of Culture, and shall be checked the contents by reporting to the Ministry of Culture.

The Ministry of Culture shall, within 20 workdays (excluding the time needed for the appraisal and examination by experts) after the application form for the examination of the contents is received, make a decision on approval or not approval, if it grants approval, the approval documents shall be issued; if it does not grant approval, the Ministry of Culture shall explain the reason.

An internet cultural product imported upon approval shall bear the number of document of approval of the Ministry of Culture in an eye-catching position, and no one may alter the name of the program or add or delete any content of the program without permission. In case the product fails to be put into operation within one year after being approved, the import entity shall put on records at the Ministry of Culture and explain the reason; in case it determines to terminate the import, the Ministry of Culture shall revoke its number of document of approval.

In case any home-made internet cultural product operated by any internet cultural entity needs to be put on records in accordance with the relevant provisions, it shall be reported to and put on records at the Ministry of Culture within 60 days after the product is put into operation officially, and the number of archival filing of the Ministry of Culture shall be indicated at an eye-catching position.

Paragraph 2 of ARTICLE 22 shall be modified as: In case any non-profit internet cultural entity fails to go through formalities for archival filing beyond the time limit, the administrative department of culture of the people's governments at or above the provincial level shall order it to correct within a prescribed time limit; if it refuses to correct, it shall be ordered to stop the internet cultural activities, and subject to a fine of less than RMB 1,000 Yuan.

ARTICLE 24 shall be modifies as: In case any for-profit internet cultural entity provides any internet cultural product containing the prohibited contents of Article 17 of the present Provisions, or provides any internet cultural product imported without the approval of the Ministry of Culture, the administrative department of culture of the people's governments at or above the provincial level shall order it to stop the provision, and impose upon it a fine of less than RMB 10,000 Yuan if there is no illegal gains; if there are any illegal gains, the illegal gains shall be confiscated, and it shall be subject to a fine of one time up to three times the illegal gains, but the fine shall not exceed RMB 30,000 Yuan at the maximum; if the circumstance is serious, it shall be ordered to stop business operation and make rectification or even suspended the Permit for Operation of Internet Culture. In case it violates the Measures for the Administration of Internet Information Services, it shall be investigated into and punished according to law by being transferred to the public security organs; if it constitutes a crime, it shall be subject to criminal liabilities according to law. But a party shall not be subject to administrative penalties of a fine for more than twice for the same illegal act.

Where a non-profit internet cultural entity provides any internet cultural product containing the prohibited contents of Article 17 of the present Provisions, or provides any internet cultural product that is imported without the approval of the Ministry of Culture, the administrative department of culture of the people's governments at or above the county level shall order it to stop the provision, and impose upon it a fine of less than RMB 1,000 Yuan. If it violates the Measures for the Administration of Internet Information Service, it shall be investigated into and punished according to law by being transferred to the public security organs; if it constitutes a crime, it shall be subject to criminal liabilities according to law.

ARTICLE 26 shall be modified as: In case any for-profit internet cultural entity fails to indicate the number of document of approval of the Ministry of Culture at an eye-catching position when operating any imported internet cultural product, or alters the name of the program or adds or deletes any content of the program without permission, or fails to put on records at the Ministry of Culture when operating any internet cultural product beyond the time limit, or fails to indicate the number of archival filing of the Ministry of Culture at an eye-catching position, the administrative department of culture of the people's government at or above the provincial level shall order it to correct within a prescribed time limit, and impose upon it a fine of less than RMB 5,000 Yuan.

In case any non-profit internet cultural entity fails to indicate the number of document of approval of the Ministry of Culture at an eye-catching position when operating imported internet cultural product or alters the name of the program or adds or deletes any content of the program without permission, or fails to report to and put on records at the Ministry of Culture when operating any internet cultural product beyond the time limit, or fails to indicate the number of archival filing of the Ministry of Culture at an eye-catching position, the administrative department of culture of the people's government at or above the provincial level shall order it to correct within a prescribed time limit, and impose upon it a fine of less than RMB 500 Yuan.

The present Decision shall come into force as of July 1, 2004.