Interim Measures For The Management Of Online Games

Original Language Title: 网络游戏管理暂行办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201011/20101100328922.shtml

Interim measures for the management of online games

    (June 3, 2010 the Ministry of culture, the 49th release as of August 1, 2010) Chapter I General provisions

    First to strengthen the management of online games, Internet games operating order, maintaining the healthy development of online game industry, in accordance with the decision of the national people's Congress Standing Committee on safeguarding Internet security and the management of Internet information services, as well as relevant provisions of the national laws and regulations, these measures are formulated.

    Article-game development and production, online game Internet operations, online game virtual currency, online game virtual currency trading services and other forms of business activities, these measures shall apply.

    Online games are mentioned in these measures refers to the software program and information data via the Internet, mobile communication network and information network to provide gaming products and services.

    Online game Internet operation is through information networks, using the user's system or system available to the public the game products and services business.

    Online game virtual currency is issued by the online games business unit, network game users directly or indirectly purchase currency according to a certain proportion, exist outside the game, to the electromagnetic records are stored on the server, and virtual Exchange performance tools with a specific number.

    Third cultural Administrative Department under the State Council is the authority of online games, government administrative departments at and above the county level in accordance with the responsibilities of the Division responsible for the supervision and management of the network within their respective administrative regions games.

    Article fourth online game business activities shall abide by the Constitution, laws, administrative regulations, social benefits a priority, protection of minors, priority, carry forward the times of development and social cultural and ethic progress, following the principles in favour of protection of public health and a moderate game, maintain online game user's legitimate rights and interests according to law, promote people's all-round development and social harmony.

    Fifth network game industry association and other organizations shall be subject to administrative departments for cultural guidance, in accordance with the laws, administrative rules and regulations to develop self-regulatory codes, strengthening the professional ethics education to guide and supervise the activities of members and maintain the legitimate rights and interests of members, promote fair competition.

    Chapter II business unit

    Article sixth Internet gaming operations, online game virtual currency services such as online games and online game virtual currency transactions operations unit, subject to the following conditions, and access to the Internet culture operation license:

    (A) the unit's name, address, and organization and articles of Association;

    (B) determine the online game business scope;

    (C) comply with State employees;

    (D) not less than 10 million yuan of registered capital;

    (V) comply with conditions stipulated by laws, administrative regulations and the relevant State. Article seventh application an Internet culture operation license shall apply to the cultural administration of provinces, autonomous regions and municipalities. The provinces, autonomous regions and municipalities directly under the administrative departments of culture from the date of receipt of the application within the 20th ratification or not decision.

    Approved and issued an Internet culture operation license, and announced to the public; not approved, shall notify the applicant in writing and state the reasons. The Internet culture operation license is valid for 3 years.

    Has expired, the need to continue to engage in business, should be applied for renewal on expiry before 30th.

    Eighth clauses of the Internet culture operation license of the online gaming business unit change website name, website domain name, registered address, business or legal representative address, registered capital, shareholding structure and scope of license shall be from the date of change in the 20th change with the original issuing authority.

    Online gaming business units should be in the corporate Web site, product, client, customer service centers, and other notable information such as the position of the Internet culture operation license; website with the domain name should be consistent with the return information of the actual business.

    Chapter III content guidelines

    Nineth network games shall not contain the following:

    (A) in violation of the basic principles of the Constitution;

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

    (C) divulge 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) spread rumors, disturbs social order and undermine social stability;

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

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

    (I) in contravention of social morality;

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

    Tenth State Council Administrative Department is responsible for online game content, and hired experts to take online gaming review, record-keeping and identification of relevant advisory and transactional work.

    Earlier approval by the relevant authority of the online gaming publication, cultural Administrative Department under the State Council will no longer be repeated reviews, allowing their Internet operations. 11th cultural Administrative Department under the State Council in accordance with article content review of imported online games. Imported online games should be the approval of the Administrative Department under the State censorship, Internet operations.

    Contents review of the applications should submit the following materials:

    (A) imported online games content declaration form;

    (B) imported online games content instruction;

    (C) the English and Chinese text of trade or operating agency agreement, original copyright certificate and power of attorney or a copy of copy;

    (D) units to apply for the Internet culture operation license and copy of business license;

    (E) other files required for content review.

    12th declare imported online games content review, should be legally obtained exclusive authorized online gaming operators.

    Import permit to change operators of online games, from changing operators, in accordance with the provisions of the present article 11th, cultural Administrative Department under the State Council declared again.

    Imported online games should be approved in its operating site location and prominently indicate the approval number of the games.

    13th domestic online games in Internet operations within 30th of to the cultural Administrative Department under the State Council shall be in accordance with the regulations complete the filing procedures.

    Documented domestic online games should be specified in its operating site location and prominently marked the game in record numbers.

    After 14th imported online games Internet operations require substantive changes, online gaming operators proposed changes should be submitted to the State Council administrative departments for cultural censorship.

    Substantive change domestic online games content, online game Enterprise shall, from the date of change in the 30th to the cultural Administrative Department under the State Council for the record.

    Refers to the substantive change in the content of online games online games story language, place names, and plot settings, task design, economic systems, trading systems, production systems, social systems, combat functions, role images, sound effects, map props, movements, significant change in Team System.

    15th online game enterprise system should be established, clearly specialized units, with professionals responsible for the online game content and business practices of self-inspection and management and ensure the content and the legality of the operation.

    The fourth chapter activities

    16th online games business unit should be based on the online game content, function, and application, develop online game users and warning instructions and prominently identified on websites and online games.

    Online games targeting minors must not have induced the copy violation of public morality of minors and criminal behavior, and horror, cruelty, prejudice to the contents of the physical and mental health of minors.

    Online gaming business unit shall, in accordance with the national provisions, take technical measures prohibit minors from access to inappropriate games or game features limit the gaming time of minors, prevention of minors addicted to the Internet.

    17th network business unit may not authorize online game-free games qualification units operate online games.

    18th online games business unit shall comply with the following provisions:

    (A) shall not be set without consent of the online game users in the online game of force against;

    (B) online game promotion and publicity may not contain this article Nineth prohibited content;

    (C) not to random accidental way, inducing online game users into legal tender or online game virtual currency for online games and services.

    Article 19th online games operators online game virtual currency of issuance, shall comply with the following provisions:

    (A) the online game virtual currency to use only Exchange itself provides online gaming products and services shall not be used for payment, purchase or exchanged for other products and services in kind;

    (B) online game virtual currency shall not be issued to take up a malicious user to advance funds for the purpose; (C) save online game user's purchase history.

    Retention period since the user's last service date, not less than 180 days;

    (D) the types of online game virtual currency, price, amount, and so on in accordance with the regulations submitted to the register and cultural administration departments at the provincial level.

    Article 20th online game virtual currency trading service enterprise shall comply with the following requirements:

    (A) shall not provide minors with transaction services;

    (B) must not be uncensored or filing online game provides trading services;

    (C) providing services, should ensure that the registered users with a valid identity document, and binds the registration information is consistent with the user's bank account; (D) received an interested person, Government Department, judicial notice, should help to verify the legitimacy of transactions.

    Verified to belong to illegal trade, should take immediate measures to end trading services and keeping relevant records;

    (E) save user transactions and accounting records and other information not less than 180 days.
Article 21st online games operators online games should be required users to have a valid ID to register and save your user registration information.

    22nd online game operators stop operating online games, or online game operation rights transfer, shall be notice 60 days in advance.

    Online game users are not using the online game virtual currency and not the failure of the games service, should be proportional to the users purchase, refund user in legal tender or if the user accept the returns in other ways.

    Online games by stopping the service access, online gaming operators such as technical failure causes service interruption than 30th in a row of their own and regarded as terminated.

    Article 23rd online games business unit shall safeguard the legitimate rights and interests of online game users, and provide services in Web site prominently published way to settle disputes. Cultural Administrative Department under the State Council is responsible for the development of the essential terms of the agreement to the online game service format.

    Online game operators and user's service agreement should include the online game service to format all of the essential terms of the agreement, other terms of service agreement shall not contravene the online game service formats the essential terms of the agreement.

    24th online game management unit in accordance with laws and regulations or service agreement to stop providing services for online game users, should inform users in advance and explain the reasons.

    25th online game management units found online game users to post illegal information shall be in accordance with the law immediately cease to provide the service or the service agreement, to keep records and report to the relevant departments. 26th online games business unit online game users legal rights violated or when the dispute with the online game user, you can request online game users presented with registration of personal identity documents consistent identity. Audit shall assist the forensics online game users.

    Real real-name registration of authorized users, online games business unit has the burden of proof in accordance with the law.

    Both sides dispute could not be settled by negotiation, may apply for arbitration or initiate litigation to the people's Court according to law. 27th no unit may provide online payment services for illegal online gaming operations.

    Provide online payment services for illegal online gaming business, by administrative departments of culture or cultural market comprehensive law enforcement agencies informed of relevant departments according to law.

    28th online game operators should be taken in accordance with national technical and management measures to guarantee network and information security, including protection against computer viruses and attacks damaged, back up important databases, save your user registration information, operating information, maintenance logs and other information, to protect State secrets, business secrets and personal information.

    The fifth chapter legal liability

    29th article in violation of the provisions of article sixth, without approval, without engaging in Internet gaming operations, online game virtual currency services such as online gaming or online game virtual currency trading operation, above the county level administrative departments of culture or cultural market comprehensive law enforcement agency in accordance with the operating without investigating the banned method, it shall be investigated and dealt with.

    Article 30th online games business unit, one of the following circumstances, cultural administrative departments at and above the county level, or cultural market comprehensive law enforcement agency ordered corrective action and illegal income shall be confiscated and fined a maximum of 10000 Yuan more than 30000 in serious cases, ordered closed until the revocation of the Internet culture operation license constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) providing online games that contain the Nineth prohibit these measures goods and services;

    (B) violation of the provisions of the first paragraph of this article eighth;

    (C) violation of the provisions of the present article 11th, Internet operations have not been examined and approved by Ministry of culture of imported online games;

    (D) violation of the provisions of the second paragraph of this article 12th, imported online games change not new declaration as requested by the operator;

    (E) violation of the provisions of the first paragraph of this article 14th, substantive changes in the content of imported online games are not submitted to the review.

    31st online game management unit violates these measures 16th, 17th, 18th article, by cultural administrative departments at and above the county level or cultural market comprehensive law enforcement agency ordered corrective action and illegal income shall be confiscated and fined a maximum of 10000 Yuan more than 30000.

    32nd article network game operation Enterprise issued network game virtual currency violation this approach 19th article first to second items provides of, by County above culture administrative sector or culture market integrated law enforcement institutions ordered corrected, and can according to plot weight at 30000 Yuan following fine; violation this approach 19th article third to fourth items provides of, by County above culture administrative sector or culture market integrated law enforcement institutions ordered corrected, and can according to plot weight at 20000 Yuan following fine. 33rd article network game virtual currency trading service enterprise violation this approach 20th article first items provides of, by County above culture administrative sector or culture market integrated law enforcement institutions ordered corrected, and at 30000 Yuan following fine; violation this approach 20th article second to third items provides of, by County above culture administrative sector or culture market integrated law enforcement institutions ordered corrected, and can according to plot weight at 30000 Yuan following fine; violation this approach 20th article fourth to fifth items provides of,

    By cultural administrative departments at and above the county level or cultural market comprehensive law enforcement agency ordered corrective action, and according to the seriousness of 20000 RMB fine.

    Article 34th online game operators disobey 13th article II, 14th, 15th, 21st, 22nd, 23rd, prescribed by the second paragraph of article, by the cultural administration departments at or above the county level, or cultural market comprehensive law enforcement agency ordered corrective action, and according to the seriousness of 20000 RMB fine.

    35th online game business in violation of this article eighth paragraph III, 12th, 13th paragraph, 23rd, 25th, provides in the first paragraph, by the cultural administration departments at or above the county level, or cultural market comprehensive law enforcement agency ordered corrective action, and according to the seriousness of 10000 Yuan fine.

    The sixth chapter supplementary articles

    Article 36th cultural market comprehensive law enforcement agencies in these measures are in accordance with the relevant State laws, regulations and rules of the relative centralized exercise of administrative sanctions in the field of culture rights and powers of supervision and inspection, administrative enforcement power in administrative law-enforcement agencies.

    37th article culture administrative sector or culture market integrated law enforcement institutions investigation illegal business activities, in accordance with implementation illegal business behavior of enterprise registered to or Enterprise actual business to for jurisdiction; enterprise registered to and actual by Naoto to cannot determine of, by engaged in illegal business activities website of information service license to or record to for jurisdiction; no license or record of, by the website server location jurisdiction; website server set in outside of, by violations occurred to for jurisdiction.

    38th article network game of online published Qian reset approval and published outside copyright people authorized of Internet game works of approval, according to Central series do on Ministry of culture, and radio, and news published Department straddling "three set" provides in the about anime, and network game and culture market integrated law enforcement of part provisions of explained (Central series do sent [2009]35,) of provides, by about sector according to related legal regulations management. 39th these measures shall come into force on August 1, 2010.