音像制品进口管理办法 Measures for the Administration of Import of Audio and Video Products

blication of imported audio and video products shall meet the language and character criterions promulgated by the State.

　　Article 25 An import entity shall submit a sample to the Ministry of Culture for record within 30 days after the publication of the imported audio and video products.

　　If the audio and video products imported upon the approval of the Ministry of Culture haven't been published and released within 1 year from the day of approval， the import entity shall report to the Ministry of Culture for record and explain the reasons； as for those of which the import has been decided to be terminated， the Ministry of Culture shall cancel their approval document numbers.

　　Article 26 An import entity of audio and video products shall go through the import procedures for the original tapes （original discs） or the finished audio and video products at the customs on the basis of the document of approval for imports of audio and video products issued by the Ministry of Culture.

　　Article 27 Where an individual takes or mails the audio and video products used for non-profitable purposes into or out of the borders， the relevant administration provisions of the customs shall be applied.

　　Article 28 These Measures shall not apply to the audio and video products， which record the operation system， equipment specifications， special software and other contents， that are imported together with the machinery and equipment and that are re-exported with the machinery and equipment after import， and the customs shall check and release those products on the basis of the contracts， vouchers and other valid bills and certificates provided by the import entity.

　　Chapter 5 Penalty Provisions

　　Article 29 If anyone purposely engages in the import of finished audio and video products without approval or purposely reproduce the audio and video products not approved by the Ministry of Culture for import， he shall be punished according to the relevant provisions of the Regulations on the Administration of Audio and Video Products.

　　Article 30 If anyone has committed any of the following acts， he shall be ordere

d by the administrative department of culture at or above the level of county to stop his illegal acts and be given a warning， and the illegal audio and video products and the illegal gains shall be confiscated； where the illegal sale income is more than 10，000 Yuan， a fine of not less than 5 times but not more than 10 times of the illegal sale income shall be imposed concurrently； where the illegal sale income is less than 10，000 Yuan， a fine of not less than 10， 000 Yuan but not more than 50，000 Yuan shall be imposed concurrently； where the circumstances are serious， he shall be ordered to stop the business for rectification or the license shall be revoked by the organ that originally issued it：

　　1） publishing， wholesaling， retailing， renting， showing and disseminating through information network the audio and video products of which the import hasn't been approved by the Ministry of Culture；

　　2） wholesaling， retailing， renting and showing for profit the imported audio and video products used for research， teaching reference or exhibitions and shows.

　　Article 31 If anyone， in violation of these Measures， fails to indicate the document number of the document of approval for import granted by the Ministry of Culture when publishing the imported audio and video products， the administrative department of culture at or above the level of county shall order him to correct the acts and give him a warning， where the circumstances are serious， he shall be ordered to stop the business for rectification for 3 to 6 months， or the license shall be revoked by the organ that originally issued it

　　Article 32 If anyone， in violation of these Measures， has committed any of the following acts， the administrative department of culture at or above the county level shall order him to correct the acts and give him a warning， and may impose on him a fine of not less than 5，000 Yuan but not more than 10，000 Yuan：

　　1） the languages and characters used in the publication of imported audio and video products failing to meet the language and character criterions promulgated by the State；

　　2） the import entity failing to submit the sample to the Ministry of Culture for record according to the provisions；

　　3） failing to report to the Ministry of Culture for record and explain the reasons when failing to publish and release， within 1 year from the day of approval， the audio and video products of which the import has been approved， or when deciding to terminate the import of the said products.

　　Article 33 If any audio and video publishing entity， when publishing and disseminating through information network the imported audio and video products， violates the requirements of the documents of approval of the Ministry of Culture， purposely alters the program name or add or delete the program contents， the Ministry of Culture shall give it a warning and impose on it a fine of not less than 10，000 Yuan but not more than 30，000 Yuan.

　　If the unit purposely adds or deletes the contents of the audio and video products imported after examination and approval， the administrative department of culture at or above the county level shall give it a warning， order it to stop publishing， reproducing， wholesaling and spreading through information network those audio and video products， confiscate the illegally managed audio and video products and the illegal gains， and order it to stop business for rectification for half to 1 year； if the illegal sale income is more than 10，000 Yuan， a fine of not less than 5 times but not more than 10 times of the illegal income shall be imposed concurrently； if the illegal sale income is less than 10，000 Yuan， a fine of not more than 50，000 Yuan may be imposed concurrently； if the circumstances are serious， the license shall be revoked by the organ that originally issued it. If a crime has been constituted， the criminal responsibilities shall be investigated.

　　Article 34 Anyone who violates the Customs Law and the relevant administration provisions shall be dealt with by the customs.

　　Chapter 6 Supplementary Provisions

　　Article 35 The import of audio and video products from the Special Administrative Region of Hong Kong， the Special Administrative Region of Macao and the Taiwan area of China shall be carried out with reference to these Measures.

　　Article 36 The power to interpret these Measures shall remain with the Ministry of Culture. Where any customs operations are involved， the General Administration of Customs shall be responsible for the interpretation.

　　Article 37 These Measures shall enter into force on June 1， 2002， and the Measures for the Administration of Import of Audio and Video Products promulgated by the Ministry of Culture and the General Administration of Customs on April 30， 1999， shall be nullified simultaneously

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