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

strative department for audio-visual products in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located. After the application is examined and consented to， it shall be submitted to the administrative department

for cultural affairs under the State Council for examination and approval. After the application has been approved and the unit has obtained a Licence for Engaging in Wholesale Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for registration and take out a business licence.

　　A unit intending to apply for engaging in wholesale operations in audio-visual products shall filed an application with the administrative department for audio-visual products in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for examination and approval. After The application has been approved and the unit has obtained a Licence for Engaging in Wholesale Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for registration and take out a business licence.

　　A unit intending to apply for engaging in retail or rental operations in audio-visual products shall file an application with the administrative department for audio-visual products in the People's Government at the county level in the place where the unit is located for examination and approval. After the application has been approved and the unit has obtained a Licence for Engaging in Retail Operations in Audio-visual Products or a Licence for Engaging in Rental Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the place where the unit is located for registration and take out a business licence.

　　A unit intending to apply for engaging in projection operations in audio-visual products shall file an application with the administrative department for audio-visual products in the People's Government of the province， autonomous region or municipality directly under the Central Government where the unit is located for examination and approval. After the application has been approved and the unit has obtained a Licence for Engaging in Projection Operations in Audio-visual Products， the unit shall take the Licence to the administrative department for industry and commerce in the place where the unit is located for registration and take out a business licence.

　　No unit or individual may engage in such operating activities as the wholesale， retail， rental and projection in audio-visual products without having obtained an operating licence and a business licence.

　　Article 30 An audio-visual publishing unit may sell audio-visual products published by itself in accordance with the relevant stipulations of the State. It intends to engage in sale operations in audio-visual products not published by itself， it shall go through the formalities of examination and approval in accordance with the provisions of Article 29 of these Regulations.

　　Article 31 An audio-visual reproducing unit may not engage in sale operations in audio-visual products.

　　Article 32 Units engaging in wholesale， retail， rental and projection operating activities in audio-visual products may not deal in audio-visual products for which no Licence for Distribution in Audio-visual Products has been obtained， nor may they deal in audio-visual products infringing the copyright of others.

　　Audio-visual products for exclusive home use may not be used for profit-making projection.

　　Article 33 The administrative departments for audio-visual products in the local People's Governments at or above the county level have the power to supervise and inspect the wholesale， retail， rent

al and projection activities in audio-visual products within their administrative regions and to investigate and deal with acts of illegal wholesale， retail， rental and projection in audio-visual products.

　　Chapter VI Provisions of Penalties

　　Article 34 Anyone， in contravention of these Regulations， has committed one of the following acts， the administrative department for the press and the publishing industry under the State Council or the administrative department for audio-visual products in a local People's Government at or above the county level shall， according to the seriousness of the case， deal with the actor by giving him or it a warning or ordering him or it to desist from publishing， reproducing， or selling audio-visual products， or having the illegal audio-visual products confiscated and destroyed， or having his or its illegal income confiscated， or his or its operating licence for publication or reproduction of audio-visual products revoked， and may in addition impose on him or it a fine of more than five times and less than ten times the amount of the illegal income：

　　（1） where an audio-visual publishing unit transfers， hires out or sells its own name or publisher's code to another unit or individual；

　　（2） where a book publishing unit publishes audio-visual products not in support of books published by itself or publishes audio-visual products in support of books published by itself without obtaining approval；

　　（3） where an unit other than an audio-visual publishing unit publishes audio-visual products；

　　（4） where an audio-visual publishing unit publishes audio-visual products for which no Licence for Distribution in Audio-visual Products has been obtained；

　　（5） where an unit other than an audio-visual reproducing unit reproduces audio-visual products； （6） where an audio-visual reproducing unit reproduces audio-visual products without entrustment or reproduces audio-visual products for which no Licence for Distribution in Audio-visual Products has been obtained；

　　（7） where audio-visual products are made in cooperation with organizations or individuals in the region of Hong Kong， Macau or Taiwan or in foreign countries without having been approved；

　　（8） where audio-visual products are imported without having been approved；

　　（9） where audio-visual products with contents banned by Article 3（2） of these Regulations are published or reproduced.

　　The administrative punishment of revoking a licence for engaging in audio-visual product publishing or reproducing operations has to be approved by the administrative department for the press and the publishing industry under the State Council.

　　Anyone who has committed an act specified in Section 1 of this Article， constituting a crime， shall be prosecuted for his criminal liability according to law.

　　Article 35 Anyone， in contravention of these Regulations， has committed one of the following acts， the administrative department for cultural affairs under the State Council or the administrative department for audio-visual products under a local People's Government at or above the county level shall， according to the seriousness of the case， deal with him by giving him a warning， or ordering him to desist from the wholesale， retail， rental and projection of the illegal audio-visual products， or confiscating and destroying such products， confiscating his illegal income， or revoking his licence for engaging in wholesale， retail， rental， or projection operations in audio-visual products， and may in addition impose on him a fine of more than five times and less then ten times the amount of the illegal income：

　　（1） where audio-visual products are sold by wholesale or retail， rented or projected without an operating licence having been obtained；

　　（2） where audio-visual products for which no Licence for Distribution in Audio-visual Products has been o

btained are sold by wholesale or retail， rented or projected；

　　（3） where audio-visual products published or reproduced by units other than audio-visual publishing or reproducing units are sold by wholesale or retail， rented or projected；

　　（4） where informational audio-visual products for reference in research， teaching and studying are sold by wholesale or retail， rented or projected；

　　（5） where audio-visual products with contents banned by Article 3（2） of these Regulations are sold by wholesale or retail， rented or projected.

　　The administrative punishment of revoking a licence for engaging in wholesale， retail， rental or projection operations has to be approved by the initial organ of issuance of the licence.

　　Anyone who has committed an act specified in Section 1 of this Article， constituting a crime， shall be prosecuted for his criminal liability according to law.

　　Article 36 Anyone who has published， reproduced， imported， sold， rented or projected audio-visual products， infringing the copyright of others， shall be punished by the administrative department for copyright affairs according to the relevant provisions of the Copyright Law of the People's Republic of China； the act constitutes a crime， the actor shall be prosecuted for his criminal liability according to law.

　　Article 37 Acts in contravention of the laws and regulations of the State concerning the administration of industry and commerce shall be punished administratively by the administrative depart

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