音像制品管理条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON THE ADMINISTRATION OF AUDIO-VISUAL PRODUCTS

国务院令第165号
（Promulgated by Decree No. 165 of the State Council of the People's Republic of China on August 25， 1994 and effective as of October 1， 1994）
颁布日期：19940825 　实施日期：19941001 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 These Regulations are formulated to strengthen the administration of audio-visual products， promote the healthy development and flourish of the audio-visual enterprises， enrich the cultural life of the masses and give impetus to the construction of socialist material civilization and spiritual civilization.

　　Article 2 These Regulations shall apply to the administration of the publication， reproduction， importation， wholesale， retail and rental of such audio-visual products as audio tapes， video tapes， gramophone records， compact discs and laser discs on which contents are recorded and of the profit-making projection of video grams （hereinafter referred to as projection）。

　　Article 3 Persons engaged in operating activities in audio-visual products shall abide by the constitution and relevant laws and regulations， adhere to the orientation of serving the people and socialism and disseminate the ideas， morals and scientific， technical and cultural knowledge beneficial to economic development and social progress.

　　Dealings in audio-visual products with the following contents are prohibited：

　　（1） that which endangers the unity and territorial integrity of the nation and sovereignty of the State；

　　（2） that which incites the splitting of the nation and undermines national solidarity；

　　（3） that which divulges secrets of the State；

　　（4） that which propagates obscenity and superstition or glorifies violence；

　　（5） that which slanders or insults others； and

　　（6） other contents of which the publication and dissemination are prohibited as stipulated by the State.

　　Article 4 The State delegates the administration of audio-visual products to different departments at various levels.

　　The administrative department responsible for the press and the publishing industry under the State Council shall take charge of the publication， reproduction and importation of audio-visual products nation-wide； the administrative department responsible for cultural affairs and the administrative department responsible for broadcasting， cinema and television under the State Council shall jointly constitute an examining organ of the contents of audio-visual products （hereinafter referred to as the examining organ） to take charge of examining the contents of audio-visual products nation-wide； the administrative department responsible for cultural affairs under the State Council shall take charge of the whole sale， retail， rental and projection of audio-visual products nation-wide.

　　The other relevant administrative departments under the State Council shall， in accordance with the division of duties prescribed by the State Council， assist the departments listed above in the administration of audio-visual products.

　　The division of the work among the relevant departments of local People's Governments at or above the county level in the administration of audio-visual products shall be determined by the provincial People's Government.

　　The higher competent administrative department and the sponsor entity of units dealing in audio-visual products shall， in accordance with the relevant provisions of the State， supervise the operating activities of their subordinate units dealing in audio-visual products.

　　Article 5 The State shall enforce a licence system of the publication， reproduction， importation， wholesale， retail， rental and projection in audio-visual products.

　　Article 6 The higher competent administrative departments of units dealing in audio-visual products shall practise the rule of separating the functions of an enterprise from those of a gover

nment department and may not engage in the operating activities in audio-visual products nor participate in the operating activities of their subordinate units dealing in audio-visual products.

　　Chapter II Publication

　　Article 7 The administrative department responsible for the press and the publishing industry under the State Council shall be responsible for formulating a development program concerning the audio-visual publishing enterprises and determining the total number， distribution and structure of the audio-visual publishing units nation-wide.

　　Article 8 To establish an audio-visual publishing unit， the following conditions should be met：

　　（1） To conform to the development program for audio-visual publishing enterprises；

　　（2） To have a set of articles of association conforming to the provisions of these Regulations；

　　（3） To have a well-defined scope of business；

　　（4） To have an organization suitable to the needs of its scope of business and personal conforming to the prescribed qualification requirements in the audio-visual publication；

　　（5） To have the necessary funds and equipment together with regular production premises.

　　Article 9 To apply for establishing an audio-visual publishing unit， the higher administrative department responsible for the applicant unit shall submit the application to the administrative department for audio-visual products of the People's Government of the province， autonomous region or municipality directly under the Central Government where the applicant unit is located for examination and， on obtaining the consent of the People's Government of the province， autonomous region or municipality directly under the Central Government， the administrative department for audio-visual products of the People's Government of the province， autonomous region or municipality directly under the Central Government shall submit the application to the administrative department responsible for the press and the publishing industry under the State Council for examination and approval. The latter shall， within 90 days from the date of receipt of the application， make a decision approving or not approving the application.

　　The application shall include the following items：

　　（1） the name and address of the audio-visual publishing unit and the economic sector to which it belongs；

　　（2） the names and addresses of the higher administrative department responsible for， and the sponsor unit of， the audio-visual publishing unit and the economic sector to which each of them belongs；

　　（3） the name， address and qualification certifying documents of the principal responsible person or legal representative of the audio-visual publishing unit；（4） the source and amount of funds of the audio-visual publishing unit.

　　Article 10 After the administrative department responsible for the press and the publishing industry under the State Council has approved the application for establishing the audio-visual publishing unit and issued the unit with a Licence for Publishing and Dealing in Audio-visual Products， the applicant unit shall take the Licence to the administrative department for industry and commerce in the place where the unit is located for registration within 60 days.

　　On the basis of the Licence for Publishing and Dealing in Audio-visual Products issued by the administrative department responsible for the press and the publishing industry under the State Council and of the relevant provisions in respect of the administration of industry and commerce， the administrative department for industry and commerce shall issue the applicant unit with a business licence.

　　Article 11 An audio-visual publishing unit intends to change its name， its relation of subordination or its business scope， it shall go through the formalities of examination， approval and registration again in accordance wi

th the provisions of Articles 9 and 10 of these Regulations.

　　An audio-visual publishing unit intends to change its address， principal responsible person or legal representative， it shall go through the formalities of altering its registration at the initial organ of issuance of the Licence.

　　An audio-visual publishing unit intends to terminate its publishing operations and dealings， it shall go through the formalities of cancellation of its registration at the initial organ of issuance of the licence within 30 days from the date of cessation of its operating activities.

　　Article 12 An audio-visual product is published， such data as the name， address and publisher's code of the publishing unit， the number of its Licence for Distribution， the time of publication and the name of the copyright owner shall be indicated in a prominent position on the audio-visual product and its packaging.

　　The audio-visual publishing unit shall， within 30 days from the date of publication of the audio-visual product， present a sample to the Archives Library of Chinese Publications.

　　Article 13 An audio-visual publishing unit may not transfer， hire out or sell its name or publisher's code to any unit or individual.

　　Article 14 No unit or individual may purchase or forge the name or publisher's code of an audio-visual publishing unit or engage in the illegal publication of audio-visual products.

　　Article 15 The specific procedures for cooperative production of audio-visual products between an audio-visual publishing unit and an organization or individual in the region of Hong Kong， Macau or Taiwan or in a foreign country， shall be formulated by the administrative department responsible for the press and the publishing industry under the State Council jointly with th

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