(November 3, 2006 the Ministry of culture, the 40th release as of December 1, 2006) Chapter I General provisions article in order to enhance audio and video products wholesale, retail and lease management, promote the development and prosperity of audiovisual, enriching people's cultural life, promoting Socialist material civilization and spiritual civilization construction, according to the relevant provisions of the regulations on the management of audio-visual products, these measures are formulated.
    Second approach applies to the recording of the content of the audio tapes, video tapes, records, compact discs and laser discs of audio and video products, such as wholesale, retail and rental activity.
    Article engaged in wholesale, retail and lease of audio, must abide by the Constitution and the 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. Fourth article national ban business contains has following content of audio: (a) against Constitution determine of principles of; (ii) against national unified, and sovereignty and territory full of; (three) leaked national secret, and against national security or damage national honors and interests of; (four) incitement national hatred, and national discrimination, damage national unity, or against national custom, and habits of; (five) promote cult, and superstition of; (six) disrupt social order, damage social stable of; (seven) promote obscene, and gambling, and
    Or abetting the Commission of crimes of violence; (VIII) insult or slander others, infringe upon the legitimate rights and interests; (IX) against social morality or national culture and tradition, and (10) of laws, administrative regulations and other contents prohibited by State regulations.
    Fifth Ministry of culture is responsible for the national audio-visual products wholesale, retail and lease administration.
    Local people's Governments at or above the county level cultural administrations responsible for the administration of audio-visual products wholesale, retail and lease administration.
    Sixth State of wholesale, retail and lease of audio activity through a licensing system without permission, no unit or individual is allowed to engage in wholesale, retail and lease of audio activity.
    Licences issued in accordance with this approach and the approval document shall not alter, resell, lease, lend or otherwise transfer.
    Article seventh Ministry of culture is responsible for the development of a national audiovisual market development plan, macro-control of the national audiovisual market.
    Cultural administrative departments under the people's Governments of provinces, autonomous regions and municipalities nationwide audiovisual market development plan and economic and social development situation in the region, develop local audiovisual market planning, and guide the healthy development of the audiovisual market of the region.
    Eighth State encourages and supports audio and video products business units offer domestic audio-visual products; the State encourages and supports audio and video products business unit in rural areas to establish distribution networks, sales of audio and video products.
    Nineth cultural administrative departments and their staff shall not engage in activities or in disguise, in wholesale, retail and lease of audio and may not participate or participate in audio and video products in a disguised form of wholesale, retail and rental operations.
    Second chapter business units tenth article application established audio wholesale units, should reported location province, and autonomous regions, and municipalities Government culture administrative sector approval, and submitted following material: (a) applications, contains Ming audio wholesale units of name, and address, and statutory representative people or main head of name, and address and application of main matters; (ii) name advance approved notice and articles; (three) registered capital amounts and proved file; (four) business places property proved or rental letter of intent;
    (E) the legal representative or principal responsible person identification materials; (f) adapt to the business needs of your organization and personnel documentation; (VII) other materials stipulated by laws and administrative regulations. Cultural administrative departments shall, from the date of acceptance of the application in the 30th for approval or disapproval decision.
    Approval of video business licenses will be issued and submitted to the Ministry of culture, for the record, held by the applicant in the audio-video products business to register with the Administrative Department for industry and Commerce and obtain business licenses according to law; not approved, reasons shall be given.
    11th article established audio retail, and rental units or personal application engaged in audio retail, and rental business, should reported location County Government culture administrative sector approval, and submitted following material: (a) applications, contains Ming application units of name or personal of business font size, and address, and statutory representative people or main head of name, and address and application of main matters; (ii) name advance approved notice and articles; (three) business places property proved or rental letter of intent;
    (D) the legal representative or principal responsible person identification materials, and (v) other materials stipulated by laws and administrative regulations. Cultural administrative departments shall, from the date of acceptance of the application in the 30th for approval or disapproval decision.
    Approval, shall issue the audio level on the business and cultural administration departments of the local people, by the applicant with the audio and video products business to register with the Administrative Department for industry and Commerce and obtain business licenses according to law; is not approved, reasons shall be given.
    Approved the establishment of wholesale of audio units in its wholesale undertakings engaged in audio-visual products retail and rental business. 12th video publishing units in accordance with the relevant provisions of article wholesale, retail and the publishing of audio and video products.
    Those engaged in the publication of audio and video products wholesale, not retail, shall, in accordance with article tenth, 11th provisions of approval and registration procedures.
    13th article established audio chain business units, should has following conditions: (a) has determine of name, and articles; (ii) has determine of business range; (three) registered capital not below 1 million Yuan, which engaged in national chain business of, registered capital not below 5 million Yuan; (four) planning development 5 a above audio straight camp chain stores or 10 a above chain dedicated business counter; (five) has adapted business range need of organization institutions and personnel;
    (F) with appropriate management systems and computer management conditions, (VII) other conditions stipulated by laws and administrative regulations.
    14th an application for establishing a video chain unit shall report the people's Governments of provinces, autonomous regions and municipalities directly under the cultural administration departments for approval applications for establishment of national video chain unit, shall be headquarters of the province, autonomous region or municipality cultural administrative departments for examination and approval, and reported to the Ministry of culture for approval.
    Application units should submitted following material: (a) applications, contains Ming application units of name, and address, and statutory representative people or main head of name, and address and application of main matters; (ii) name advance approved notice and articles; (three) registered capital amounts and proved file; (four) chain business units headquarters business places property proved or rental letter of intent; (five) chain business units headquarters statutory representative people or main head of identity proved material;
    (Vi) video chain unit of organization, distribution, agency and distribution management systems; (VII) proof of the corresponding computer management conditions and (VIII) other materials stipulated by laws and administrative regulations. Cultural administrative departments shall, from the date of acceptance of the application in the 30th for approval or disapproval decision.
    Approval, shall issue a video business license by the applicant with the audio and video products business to register with the Administrative Department for industry and Commerce and obtain business licenses according to law; is not approved, reasons shall be given.
    Without the approval and registration, shall not be used in the name of "chain" words, not chain engaged in the wholesale, retail and lease of audio and operational activities. 15th video chain unit and can be straight chain and franchise operations.
    Using franchise method, should be engaged in the direct chain business for more than a year of experience, approved and submitted to the original examination and approval Department.
    Direct chain, refers to the chain stores run by the wholly-owned or-controlled chain headquarters at Headquarters under the direct management of unified management.
    Franchising refers to chain store headquarters shared establishment or no assets with headquarters, through contractual agreements with the headquarters, Headquarters made trademark, name, business technology and merchandise concession sales headquarters. Video chain unit of distribution centers and retail chain stores should be used in the name of its headquarters in the name of the font size.
    Franchise chain stores whose headquarters agreed that its headquarters can also be used in the name of the font size.
    16th established upon approval of the audio chain units start direct chain stores or setting up chain business counters do not need separate handling of the video business license, you can chain units issued by the headquarters of the video copy of trade license stores County people's Government after the cultural administration departments, the industrial and commercial administrative departments to obtain business licenses.
    Approved the establishment of the audio chain business units operate franchise stores, chain stores shall comply with the relevant provisions of article 11th go through examination and approval procedures, already has the audio operating license, in accordance with the relevant provisions of changed procedures.
    Article 17th through information networks to engage in audio-video products business unit established by reference to article tenth of the relevant provisions of the approval procedures, and this Web site or linked Web site name, address, and e-mail address where provinces, autonomous regions and municipalities and cultural administration departments.
    18th audio wholesale chain business units doing business via the Internet in audio and video products, but should get the license the audio and video products and business, Web site or linked Web site material such as name, e-mail address, location of provinces, autonomous regions and municipalities and cultural administration departments before the operation. 19th the applicant engaged in wholesale, retail and lease of audio business, shall submit to the Executive related materials, and is responsible for the authenticity of their application materials.

    20th cultural administrative departments approved the establishment of audio-video products wholesale, retail and lease of chain business units or via the Internet in audio and video products business unit, or approved person to engage in video retail and rental operations shall publicize the ratification documents, the public right of access.
    Third chapter business and management 21st article engaged in audio wholesale, and retail, and rental business of units or personal, shall not business following audio: (a) non-audio published units published of audio or audio published units illegal published of audio; (ii) non-audio copy units copy of audio or audio copy units illegal copy of audio; (three) without Ministry of culture approved imports of audio; (four) for research, and teaching reference or for exhibition, and show of imports audio;
    (V) infringement of copyrights of audio and video products, and (vi) other illegal audio and video products.
    22nd in the video retail and rental business units or individuals shall purchase from audio-video publishing, wholesaling unit.
    Audio-video publishing audio-visual products wholesale, wholesale units, shipping vouchers should be provided in accordance with the relevant provisions of the State; shipping unit or stock units shall issue or within 2 years from the date of purchase to save shipping, purchase receipts and bills of material for possible examination.
    Audio-retail units and individuals involved in audio and video products in the retail business selling audio-visual products shall invoice or receipt, and indicate the name, price, and amount of audio-visual products.
    Video rental units and individuals should be engaged in video rental business registration video rental time, name and number.
    Article 23rd publishing audio-video publishing units audio and video products and audio and video products importer imported audio and video products produced by the audio-video products should be affixed to the Ministry of culture security logo.
    Article 24th audio units and engaged in wholesale, retail and lease of audio and video products retail and lease business personal business hanging in the video should be prominent positions in the business place.
    Audio and video retail chain stores or chain counter the video copy of trade license suspension should be prominent positions in the business place.
    25th through information networks to engage in audio and video products business unit shall, in its Web site or a page indicating the license number of audio-visual products, certification department; operated by audio-video products should indicate the name, the publishing unit, standard coding of audio-visual products in China; an imported audio and video products, should also indicate approval of the imported document number.
    26th article audio wholesale, and chain units should since audio business license issued of day up 30th within will this units audio warehouse or distribution center of specific address, and management personnel and contact way, situation reported approved of culture administrative sector registration record; warehouse or distribution center of specific address, and management personnel and contact way, situation change of, should since change of day up 15th within to approved of culture administrative sector record.
    27th no unit or individual may check, mail, transport or storage of provisions of this article fourth prohibition and 21st of may not to operate audio and video products, or for the operation of this article fourth ban to operate and 21st requirement not to provide a forum for audio and video products and other facilities.
    28th Administrative Department of culture of the people's Governments above the county level shall be in accordance with the relevant provisions of the State to strengthen the audio-visual products exhibition, fairs, orders and other activities, such as supervision and management.
    29th government administrative departments at and above the county level shall be admissible application for identification of audiovisual products is illegal.
    Applicant shall provide video access to government administrative departments at and above the county level shall submit a written application, submit material such as audio samples and instruments, complete audio identification registration form; the application shall set forth the audio sources, the name, quantity, access date and place proposed identification purposes and requirements.
    Administrative departments of culture accepts the application for audio identification, should specify more than 2 identification of business-savvy staff appraisal, and from the date of acceptance of the application in the 10th to make video identification, issued by the certificate of audio and video products.
    Audio identification certificate shall set forth the application of audio and video products names, media, publishing and distribution unit, China standard coding of audio-visual products, laser digital storage source identification code, audio and video products security logo, and other major features, the applicant's name, address, valid travel documents and contact, as well as the results.
    Party disagrees with the results, starting from the day of receipt of the certificate of review drew attention to the superior administrative departments of culture in the 15th, the superior administrative departments of culture shall, from the date of receipt of the application for review in the 15th issue a written review of the conclusions.
    Article 30th audio wholesale, retail, rental and chain business unit changes name, scope of business, merger of chain operation and other audio-visual products wholesale, retail and rental units, or due to a merger or Division and the establishment of new audio and video products wholesale, retail, rental and chain business units, in accordance with the regulations on the management of audio-visual products, these approaches and registration management regulations for the approval and registration procedures. Wholesale, retail and lease of audio and chain business units to change address, legal representative or principal responsible person or termination of business activities, individuals engaged in video retail and rental businesses change business, address or termination of business activities, the administrative departments for industry and commerce shall be registered to the original registration or cancellation of registration, and from the date of registration in the 30th to the original approval of the cultural administration departments.
    However, the change of address over the original jurisdiction of the issuing authority, should be in accordance with the provisions of the preceding paragraph for the approval and registration procedures.
    31st local people's Governments above the county level administrative departments should strengthen the audio-visual products wholesale, retail and lease of employee training, improve the employee master audiovisual market regulations and the ability to identify illegal audio and video products. Fourth chapter legal responsibility 32nd article culture administrative sector and staff, using positions Shang of convenience received others property or other benefits, approved not meet statutory established conditions of audio wholesale, and retail, and rental units, or not perform supervision duties, or found violations not investigation, caused serious consequences of, on has responsibility of competent personnel and other directly responsibility personnel in accordance with criminal on bribery crime, and abuse crime, and negligence crime or other crime of provides, law held criminal
    ; Not serious enough for criminal punishment, administrative sanctions of demotion or removal from Office.
    33rd cultural Administrative Department staff or in disguise, in operation of the wholesale, retail and lease of audio, participation in or disguised in audio and video products wholesale, retail and rental operations, they shall be given administrative sanctions shall be removed from Office or dismissal.
    Administrative departments for cultural acts listed in the preceding paragraph, the person in charge and other persons directly responsible shall be investigated in accordance with the provisions of the preceding paragraph. 34th article engaged in audio wholesale, and retail, and rental business of units or personal business knows or should know contains this approach fourth article ban content of audio of, by culture administrative sector or by law authorized of law enforcement institutions ordered closed reorganization, confiscated illegal business of 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, can and at 50,000 yuan following of fine; plot serious of, and revoked license
    ; A suspected crime, transferred to the judicial Department in accordance with the relevant provisions, criminal responsibility shall be investigated according to law.
    Article 35th of audio and video products wholesale, retail, rental units or individuals change the name or the name, address, legal representative or principal responsible person, business scope, these measures are not in accordance with the approval and recording procedures, the cultural administrative department or law enforcement agency authorized by law shall be ordered to correct and give a warning; the circumstances are serious, and closed for rectification or revoke the license. 36th article has following behavior one of of, by culture administrative sector or by law authorized of law enforcement institutions ordered stop violations, give warning, confiscated illegal business of 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 10,000 yuan above 50,000 yuan following of fine; plot serious of, and ordered closed reorganization or by original sent card organ revoked license; suspected crime of,
    Transferred to the judicial Department in accordance with the relevant provisions, criminal responsibility shall be investigated according to law.
    (A) business non-audio published units published of audio or audio published units illegal published of audio of; (ii) business non-audio copy units copy of audio or audio copy units illegal copy of audio of; (three) business without Ministry of culture approved imports of audio of; (four) business for research, and teaching reference or for exhibition, and show of imports audio of; (five) business other illegal audio of.
    37th article has following case one of of, is this approach 34th article, and 35th article, and 36th article by said of plot serious: (a) violation audio Management Ordinance or this approach provides, two years by culture administrative sector two times administrative punishment, again violation audio Management Ordinance or this approach provides of; (ii) closed reorganization during unauthorized business of; (three) business knows or should know contains this approach fourth article ban content of audio produced serious social effect of;
    (D) operation of the article 21st provision does not operate audio-100 (plate) above; (e) other serious violations of the plot. 38th article checked, and mailing, and transport or store this approach fourth article provides ban business of and 21st article provides shall not business of audio, or for business above audio provides places, and agent, convenience conditions of, by culture administrative sector or by law authorized of law enforcement institutions confiscated above audio, and in accordance with about legal, and regulations on responsibility people be punishment; suspected crime of, according to about provides transferred judicial sector, law held criminal.

    39th article violates these rules, alter, resell, rent, lend or in any other form of illegal transfer of licensing or authorization documents issued in accordance with this approach, by cultural administrative departments or law enforcement agencies authorized by law shall be ordered to desist from the illegal act and given a warning or a fine of 10,000 yuan and 30,000 yuan fine.
    40th audio-video publishing unit wholesale, wholesale audio proof of delivery is not provided in accordance with the relevant provisions of the State; shipping unit or stock units do not have delivery or within 2 years from the date of purchase to save shipping, stock certificates and related bills of materials, by cultural administrative departments or law enforcement agencies, as authorized by law, give a warning or a fine of up to 5000 Yuan fine.
    Audio-retail units and individuals involved in audio and video products in the retail business selling audio and video products are not invoice or receipt, video rental units and individuals engaged in video rental business rental of audio and video products have been registered in time, name, and number of items, by cultural administrative departments or law enforcement agencies, as authorized by law, give a warning or fined not more than 3000.
    41st audio-video publishing unit publishes audio and video products imported audio and video products and audio and video products importer did not add audio-security identification produced by the Ministry of culture, the cultural administrative department or authorized by the law enforcement agencies to warn or impose a fine of 10,000 yuan.
    42nd article audio wholesale, and retail, and rental units and engaged in audio retail, and rental business of personal not will audio business license hanging in business places of significantly location of; audio straight camp chain stores or chain business counter not will audio business license copies hanging in business places of significantly location of, by culture administrative sector or by law authorized of law enforcement institutions give warning or sentenced 3000 Yuan following of fine.
    43rd article through information network engaged in audio business business of units not in its website or page marked audio business license number, and sent card sector; by business audio not marked name, and published units, and China standard audio coding; is imports audio of, not while marked imports approved file paper, of, by culture administrative sector or by law authorized of law enforcement institutions give warning or sentenced 3000 Yuan following of fine.
    44th applicants engaged in wholesale, retail and lease of audio operations, obtained by fraud, bribery or other improper means of administrative license, cultural administration can annul of an administrative license in accordance with law and given a warning or a fine of up to 10,000 yuan fine.
    45th units lead to the cancellation of permits, its legal representative or principal responsible within 10 years from the date on which the license was revoked shall not hold audio and video products wholesale, retail and lease of the legal representative or principal responsible person of the unit.
    Audio retail, letting individuals were punishable by revocation of the business licenses of administrative penalties, within 10 years from the date on which the license was revoked shall not engage in video retail and rental business.
    Article 46th wholesale, retail and lease contains provisions of this article fourth prohibition and 21st of may not to operate audio and video products, the Parties designated by the description, to the sources of illegal audio and video products, verified, and illegal audio and video products, illegal income confiscated, be given a mitigated punishment or be exempted from other administrative punishment.
    47th cultural administrative department or authorized by the law enforcement agency shall establish administrative penalties system, available for public inspection.
    Fifth chapter supplementary articles article 48th of the audio and video products business by provinces, autonomous regions and municipalities style printed cultural Administrative Department under the Ministry of culture. License includes an original and a copy.
    For hanging the original copy for folding.
    49th wholesale in these measures refers to units or individuals engaged in audio-video products business selling audio and video products.
    Retail in these measures refers to consumer sales of audio and video products.
    For rent in these measures refers to consumer leasing of audio and video products.
    Establishments in these measures, including sales, Office and warehouse space.
    50th law and administrative regulations on Chinese-foreign cooperative audio distributor screenings, audio and video products import and management of audio and video products management otherwise provides, from its provisions.
    51st explain these measures by the Ministry of culture. 52nd these measures shall come into force on December 1, 2006.
                                        Ministry of culture published on March 5, 2002, amended on June 2, 2004, the audio and video products wholesale, retail and lease of regulations repealed at the same time.