Administrative Measures On Imports Of Audio-Visual Products

Original Language Title: 音像制品进口管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201109/20110900349573.shtml

Administrative measures on imports of audio-visual products

    (April 6, 2011 press and publication Department, General Administration of Customs announced come into force on the date of promulgation, 53rd) Chapter I General provisions

    First in order to strengthen the management of imports of audio-visual products, and to promote international cultural exchange and cooperation, enrich the cultural life of the people, under the management of audio-visual products Ordinance and the relevant regulations of the State, these measures are formulated.

    Second audio and video products in these measures, refers to the recording of the content of the audio tapes, video tapes, records, compact discs, laser discs, and so on.

Article from imported audio and video products and imported for publication and other uses of audio and video products, these measures shall apply.

Referred to in the preceding paragraph publishing, including the use of information networks and publication.

    Audio for broadcast television, for radio and television law and administrative regulations.

Article press and publication administration is responsible for the supervision of the national imports of audio-visual products management and content review, and so on.

Local administrative Department of press and publication of people's Governments at or above the county level in accordance with this method is responsible for supervision and administration of imported audio and video products within their respective administrative areas.

    Customs at all levels within its area of responsibility, is responsible for supervision and management of imports of audio-visual products.

    Fifth video import business activities shall abide by the Constitution and other relevant laws and regulations and adhere to the orientation of serving the people and socialism, and dissemination conducive to economic development and social progress of the ideological, moral, scientific, technical and cultural knowledge.

Article sixth against the imported audio and video products with the following content:

(A) against the basic principles of the Constitution;

(B) harm national unity, sovereignty and territorial integrity;

(C) leak State secrets, endangered national security or harm national honor and national interests;

(D) incitement to ethnic hatred or ethnic discrimination, undermining national unity, or violate the national customs and habits;

(E) promote cults and superstition;

(Vi) disturb social order and undermine social stability;

(VII) promoting obscenity, gambling, violence, or abet crimes;

(VIII) insult or slander others, infringe upon the legitimate rights and interests;

(I) endanger social morality or national cultural traditions;

    (J) the laws, administrative regulations and other contents prohibited by State regulations.

    Article seventh State to set up audio and video products importer through a licensing system.

    Chapter II import

    Eighth imported audio and video products business approved by the General Administration of press and publication units of imported audio and video products business without approval, no unit or individual is allowed to engage in audio and video products import business.

Nineth imported audio and video products business unit, established under article, subject to the following conditions:

(A) names, which include audio import regulations;

(B) which is recognized by the press and publication Administration sponsors and their competent authorities;

(C) determining the scope of business;

(D) has the first instance of imported audio and video products;

(E) funds in conformity with imports of audio-visual products;

(Vi) have a fixed place of business;

    (VII) other conditions stipulated by laws, administrative regulations and the State.

Article tenth imported audio and video products business unit, an application shall be presented to the press and publication administration, approved by the review, issued by the General Administration of press and publication of audio and video products made after the licensing of the import documents, certified to the Administrative Department for industry and commerce business license according to law.

    Set up audio and video products import entities, should also be in accordance with the foreign trade law, administrative regulations going through corresponding formalities.

    11th library, audio-visual archives, research institutions, schools and other units of imported audio and video products for research, teaching, shall entrust the press and publication Administration approval of imported audio and video products and business units for import approval procedures.

    12th video publishing units within the approved scope of business engaged in the publishing business of imported audio and video products.

    Chapter III import review

    13th State applies a license management system for imported audio and video products, and prior censorship of the press and publication Department, examination and approval obtained the license file before the import. Article 14th Department of press and publication of audio and video products Review Committee, to examine the contents of the imported audio and video products.

    Set up under the Office of the Commission, responsible for imported audio and video products review routine.

15th imported audio and video products, imported from audio and video products business unit to apply to the General Administration of press and publication and submit the following documents and materials:

(A) imported audio or video product review request;

(B) import draft agreements or orders;

(C) foreign language lyrics in the program sample,;

    (D) other materials required for content review.

Article 16th for the publication of audio and video products, an application shall be presented to the press and publication administration and submit the following documents and materials:

(A) imported audio or video product review request;

(B) the foreign copyright trade agreement draft text, original copyright certificate of copyright authorization and registration documents at the National Copyright Office;

(C) the programming samples;

(Iv) foreign language tracks, lyrics or dialogue;

    (V) other materials required for content review. 17th audio-visual products imported for exhibition, demonstration, exhibition, exhibition organizer application and list of audio and video products, and sample content review of the State press and publication administration.

    Temporarily imported goods the customs management.

    18th importer shall alter any content submitted to the press and publication administration examination of sample's original name and content. 19th news publication from the date of accepting an application for imported audio and video products in the 30th to approve or disapprove the decision.

Approval, to the approval of the imported audio and video products; not approved, reasons shall be given. Approval of the imported audio and video products should not change, such as changes, it should go through. Imported audio and video products approved a declaration using a valid and shall not be cumulative.

    Among them, belong to the audio and video products, approved one-year effective belong to for the publication of audio and video products, approved single-valid for 1 year.

    The fourth chapter import management

    Article 20th without examination and approval of imported audio and video products, and no unit or individual shall not be published, copied, wholesale, retail, leasing and commercial shows.

Article 21st no units or individuals may not use for research, teaching, or for exhibitions, display of imported audio and video products business copied, wholesale, retail, leasing and commercial shows.

    For exhibitions, display of imported audio and video products really necessary in the internal sales, gifts, in front of a sell, gift, must be in accordance with these measures by imports of finished products to apply for approval.

    22nd importers and foreign imports of audio-visual products entered into agreements or contracts shall comply with the provisions of Chinese laws and regulations. Published 23rd imported audio and video products, and shall meet the press and publication Administration approval requirements, it may not change the program name and add content, approved Chinese program name you want to use; foreign language program in audiovisual products and cover should be marked on the packaging in a foreign name; imported audio and video products must be published in the apparent position of audio-video products and their packaging indicating the registration number of the national copyright administration and the General Administration of press and publication import approval number

    Using information-networks imported audio and video products must be published in the relevant programme page indicated above.

    24th approved import and publication of audio and video products copyright authorization period, audio and video products business unit shall import imports the audio and video products.

    Published 25th imported audio and video products using language consistent with national norms of language.

    26th article import unit press and publication Administration approval of the imported audio and video products video import formalities customs.

    27th personal carrying and mailing audio and video products with them, shall be limited to reasonable quantities for personal use and in accordance with customs regulations.

    28th with the equipment while importing machinery and equipment export and import is completed the record operating system, description of equipment, software and other content of the audio and video products, this approach is not applicable, customs auditing contracts, invoices of imported units to provide valid tests.

    Chapter fifth penalty

    Article 29th without approval, arbitrarily engaged in the operation of the imported audio and video products, audio-visual products, in accordance with the regulations on rules of the 39th penalty.

30th article has following behavior one of of, by County above news published administrative sector ordered stop violations, give warning, confiscated illegal audio and illegal proceeds; illegal business amount 10,000 yuan above of, and at illegal business amount 5 times times above 10 times times following of fine; illegal business amount insufficient 10,000 yuan of, and at 50,000 yuan following fine; plot serious of, and ordered closed reorganization or by original sent card organ revoked license:

Publication without the approval of the press and publication administration arbitrarily imported audio and video products

The wholesale, retail and lease or show without approval of the General Administration of press and publication for imported audio and video products;

    Wholesale, retail, rental, screening for research, teaching or imported for exhibition, demonstration videos.

    31st article violates this way publications imported audio and video products not identified the content as provided herein, the Administrative Department of press and publication at the provincial level shall be ordered to correct and given a warning, if the circumstances are serious, and order the rectification, or by the issuing authority to revoke the licence.

Article 32nd in violation of these regulations, any of the following acts, the Administrative Department of press and publication at the provincial level shall be ordered to correct, given a warning and a fine of up to 30,000 Yuan:

(A) the publication of imported audio and video products using language did not meet national norms of language;

(B) publication of imported audio and video products, in violation of these regulations unilaterally changed the name, adding the content of the programme.

    Unauthorized deletions by the examination and approval of imported audio and video products led to the containing content prohibited by article sixth in these measures, punishment in accordance with relevant provisions of the regulations on the management of audio-visual products.

    33rd in violation of customs laws and regulations, shall be handled by the customs.

    The sixth chapter supplementary articles

    34th from China Hong Kong S.A.R., and Macau S.A.R. and Taiwan imported audio and video products, in accordance with the measures implemented.

    35th electronic publications import reference to these measures. 36th article of the approach by the press and publication administration is responsible for the interpretation.
Involved in customs operations, interpreted by the General Administration of customs.

    37th these measures come into force on the date of promulgation, June 1, 2002, the Ministry of culture, the General Administration of Customs issued the regulation on imports of audio-visual products at the same time repealed.