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Audio-Production Management

Original Language Title: 音像制品制作管理规定

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(February 21, 2008 the press and publication administration to 35th, published since April 15, 2008) Chapter I General provisions article in order to strengthen the management of video production and business activities, promoting the development and prosperity of audio production industry, according to the State Council's regulations on the management of audio-visual products and the publication of regulations, this provision is enacted.
    Second video made in these rules is through audio, video and other technical means, sounds, images, text and other content into audio-program activity.
    Article by any organization or individual may make regulations on the administration of audio content prohibited by the second paragraph of article III of audio and video products.
    Fourth State shall practice a licensing system for audio production business activities without permission, no unit or individual may engage in video production and business operation activities.
    Audio-video publishing units engaged in the production of audio-visual products and business activities, no longer need to apply for and obtain the audio production license.
    Article press and publication administration is responsible for the supervision of national audiovisual production management.
    Local press and publication administrative departments at or above the county level shall be responsible for supervision and management of audio and video products produced within their respective administrative areas.
    Second chapter making units established sixth article application established audio making units should has following conditions: (a) has audio making units of name, and articles; (ii) has adapted business range need of organization institutions and audio making professional technicians, engaged in audio making business of professional technicians shall not less than 5 people; (three) has 500,000 yuan above of registered capital; (four) has necessary of technology equipment; (five) fixed business places area not below 100 square meters; (six) legal, and regulations provides of other conditions.
    Approving establishment of audio-visual production unit, except in accordance with the conditions set out in the preceding paragraph, shall conform to the local audio-visual production unit volume, layout, and structure of the plan.
    Shall be reported by the press and publication Administration agreed that each province, autonomous region, municipality directly under the administration of press and publication according to local conditions, establish audio-visual production unit required registered capital and locations area separately. Article seventh creation of audio-visual production unit, the local provinces, autonomous regions and municipalities directly under the approval of the Administrative Department of press and publication. The provinces, autonomous regions and municipalities directly under the Administrative Department of press and publication of establishing a video production, the receipt of the application within 60 days of the date of the application, the decision to approve or disapprove, and notify the applicant accordingly.
    Approve and issue a video production License; not approved, reasons shall be given.
    Eighth article application established audio making units, should submitted following material: (a) applications, applications should contains Ming units name, and address, making business range, sources and the amounts, statutory representative people or main head name, and address, content; (ii) units articles; (three) professional technicians of qualifications proved file; (four) by law established of inspection funding institutions issued of registered capital inspection funding proved; (five) business places using proved.
    Nineth video production unit changes name, scope of business, merger of other audio-visual production unit, or due to a merger or Division to set up new video production unit shall be in accordance with the provisions of the present article seventh and eighth go through examination and approval procedures and registration procedures of the Administrative Department for industry and commerce.
    Tenth video production unit, change of address, legal representative or principal responsible person, or termination of the audiovisual production activities, the administrative departments for industry and commerce shall be registered to the original registration or cancellation of registration, and is located in the 10th province, autonomous region, municipality directly under the administration of press and publication record.
    11th since the video was made within 6 months of the production license was not audio-production business or go out of business at least 1 year, the local provinces, autonomous regions and municipalities directly under the cancellation of the Administrative Department of press and publication of the audio and video products production license.
    Chapter III production operations management 12th video production unit of the legal representative or principal responsible shall accept the local administrative Department of press and publication, where the Organization's job training. 13th video production unit must have a sound internal management system, and fill in the document record.
    Records must be archived for 2 years a production document for inspection.
    Uniform format production documented by the press and publication administration.
    14th video production unit entrusted to produce audio and video products, shall, in accordance with relevant regulations of the State, entered into with the principal production contract, and verify that the principal of the business license or identity documents.
    The preceding paragraph involving contracts, copies of business license and identification materials, video production units shall be archived for 2 years for inspection.
    15th video production unit without authorization, shall not in any way accept commissioned videos available to clients outside of the entity or individual.
    16th video production, production of audio and video products, shall conform to the national standards for quality, technology and regulations. 17th video production unit established by law are entitled to publish audio and video products and its signature on the package.
    Other unit or individual may, on behalf of the producers on the audio signature.
    18th video production unit every 2 years, to perform an annual verification procedures.
    The province, autonomous region, municipality directly under the administration of press and publication departments are responsible for annual verification and establishment of specific measures.
    The province, autonomous region, municipality directly under the administration of press and publication at the annual certification upon completion of the 30th annual verification of General Administration of press and publication.
    19th video production units shall comply with national statistical requirements submitted to the Administrative Department of press and publication of statistical information in accordance with law.
    20th audio-video publishing unit and Hong Kong S.A.R., and Macau S.A.R., Taiwan, or overseas organizations and individuals collaborate to produce audio and video products (hereinafter referred to as produce audio and video products), but should be finished by the audiovisual unit is located in the 10th after province, autonomous region, municipality directly under the administration of press and publication record.
    21st collaborate to produce audio and video products should be submitted to the following archival materials: (I) collaborate to produce audio and video products names, program length, carriers and content such as; (b) the name, basic conditions, the amount of investment cooperation between the two sides, and (iii) project contracts.
    22nd fourth chapter legal liability has not been approved, any establishment of producers of audio-visual products, engaged in the production of audio-visual products and business activities without authorization, 39th in accordance with regulations on the management of audio-visual products and punished as such.
    Video production units outside entities or individuals on behalf of the producers in the audio signature of, according to the unauthorized audio operation punishment.
    Article 23rd production knows or should know contain regulations on the administration of audio content prohibited by the second paragraph of article III of audio and video products, audio-visual products, in accordance with the regulations on the administration of 40th and punished as such.
    24th audio-visual production unit to accept commissioned audio audio-video publishing units yet to be verified in accordance with this proof, audio-visual products, in accordance with the provisions of the regulations on 42nd.
    25th audio-video publishing unit and Hong Kong S.A.R., and Macau S.A.R., Taiwan, or overseas organizations and individuals collaborate to produce audio and video products, was not submitted for the record in accordance with this, in accordance with the provisions of the regulations on the administration of audio articles 43rd penalties.
    26th article audio making units has following behavior one of of, in accordance with audio Management Ordinance 44th article of provides punishment: (a) change name, and business range, or merger other audio making units, or for merged, and Division and established new of audio making units not in accordance with this provides handle approval procedures of; (ii) change address, and statutory representative people or main head, or terminated making business activities, not in accordance with this provides handle record procedures of.
    27th article audio making units has following behavior one of of, by published administrative sector ordered corrected, give warning; plot serious of, and at 30,000 yuan following of fine: (a) statutory representative people or main head not by this provides participate in post training of; (ii) not by this provides fill in making or archive save making document records of; (three) accept non-published units delegate making audio, not in accordance with this provides validation delegate units of about proved file of or not in accordance with this provides retained reference material of;
    (D) unauthorized commissioned videos available to clients outside of the entity or individual; (v) production of audio and video products do not meet the requirements of national standard of quality, technology and (vi) not in accordance with the relevant provisions of the annual verification.
    28th audio-visual production unit have not been submitted to the Administrative Department of press and publication of statistical information, according to the press and publication Department, jointly issued by the National Bureau of the measures for the statistical administration of press and publication of the punishment.
    Fifth chapter supplementary articles article 29th of the audio production license from various provinces, autonomous regions, and municipality directly under the administration of press and publication style printed according to the GAPP.
    Article 30th prior to the implementation of these provisions has been made of the audio-video production unit of the production license, before the expiry of the term of operation can be continued in the video production business; operating period expires, needs extended operating period, should be in accordance with these provisions the approval formalities.
                                                              31st these provisions come into force on April 15, 2008.