The Ministry Of Culture On The Revision Of The Regulations On The Management Of Foreign Cultural And Artistic Performances And Exhibitions Of Culture And The Management Of The Wholesale, Retail And Lease Of Audio, Of The Interim Provisions On The Admin...

Original Language Title: 文化部关于修订《文化部涉外文化艺术表演及展览管理规定》、《音像制品批发、零售、出租管理办法》、《互联网文化管理暂行规定》等规章的决定

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(July 1, 2004 Ministry of culture makes 32nd, released since July 1, 2004 up purposes) a, and will Ministry of culture foreign culture art performances and the exhibition management provides sixth article modified for: Ministry of culture is responsible for national foreign culture art performances and the exhibition activities of centralized management and macro-control, exercise following terms: (a) and manpower arrangements and organization implementation national foreign culture art performances and the exhibition activities plans; (ii) coordination, and balance national the province, and autonomous regions, and municipalities, and Central and State ministries, and PLA system and national civic of foreign culture art performances and the exhibition work; (three) approved or not approved foreign culture art performances and the exhibition activities of project application, this provides another has provides of except; (four) finds Central and State ministries, and PLA system and national civic and the belongs institutions foreign non-commercial culture art performances and the exhibition activities organizers of qualification; (five) audit and finds national engaged in foreign commercial and paid culture art performances and the exhibition (exhibition) activities of business institutions of qualification
    (Vi) the supervision and inspection of foreign culture and the performing arts and exhibition activities; (VII) investigation has a significant impact of foreign culture and art performances and exhibition activities in breach of and (VIII) other powers that should be exercised by the Ministry of culture.
    Second, the audio and video products wholesale, retail and lease regulations amend article 30th: the culture of local people's Governments at or above the county level administration of audio-video publishing, audio-visual products fair, trade show, organized by the wholesale unit to strengthen supervision and management. Audio Publishing, wholesale establishments in audio and video products should be fair, trade show, after the 30th, held to the provinces, autonomous regions, municipalities and cultural administrative departments to submit summary material.
    Summary materials shall include the fair or fairs held by name, location, time, exhibitor and product directories, and so on.
    Remove the regulation on wholesale, retail and lease of audio article 33rd sequence number followed by move of the rest of the article. Three, and will Internet culture management provisional provides for following modified: second article modified for: This provides by said Internet culture products is refers to through Internet production, and spread and circulation of culture products, main including: (a) specifically for Internet spread and production of network audio (containing VOD, and DV,), and network game, and network performances drama (section) accounts, and network art, and network anime painting (containing FLASH,), Internet culture products; (ii) will audio, and game products, and performances drama (section) accounts, and
    Art and cultural products to certain technical means such as cartoon production, copy to the spread of Internet cultural products on the Internet. Third article first paragraph subsection (ii) items modified for: (ii) will culture products posted in Internet Shang, or through Internet sent to computer, and fixed telephone, and mobile phone machine, and radio, and TV, and game machine, user end, for Internet user browse, and reading, and appreciate, and VOD, and using or download of online spread behavior; sixth article second paragraph modified for: province, and autonomous regions, and municipalities Government culture administrative sector is responsible for this administrative within Internet culture activities of daily management work,
    To apply for operating Internet cultural activities at first instance, units engaged in non-commercial Internet culture for the record, to engage in cultural activities on the Internet in violation of the relevant regulations impose sanctions. Seventh article first paragraph modified for: established business sex Internet culture units, should meet Internet information service management approach of about provides, and has following conditions: (a) has units of name, and residence, and organization institutions and articles; (ii) has determine of Internet culture activities range; (three) has adapted Internet culture activities need and made corresponding practitioners qualification of 8 name above business management personnel and professional technicians; (four) has 1 million Yuan above of funds, and adapted Internet culture activities need of equipment, and
    Management of the workplace as well as the corresponding technical measures, (v) other conditions stipulated by laws and regulations.
    Approving the establishment of for-profit cultural unit, except in accordance with the conditions set out in the preceding paragraph, shall conform to the total amount of Internet culture, structure and layout planning.
    Article is revised as follows: apply for the establishment of commercial Internet culture, should be to the local cultural administration of provinces, autonomous regions and municipalities apply administrative Department of the people's Governments of provinces, autonomous regions and municipalities directly under the cultural examination and then reported to the Ministry of culture for approval.
    Ninth article modified for: application established business sex Internet culture units, should used enterprise of organization, and submitted following file: (a) applications; (ii) Enterprise name advance approved notice or license and articles; (three) sources, and amounts and credit proved file; (four) statutory representative people or main head and the main business management personnel, and professional technicians of qualification proved and identity proved file; (five) work places right proved file; (six) business development report;
    (VII) other documents need to be submitted in accordance with law.
    Application of establishing a profitable Internet culture, provinces, autonomous regions, municipalities and cultural Administrative Department shall accept the application within 20 working days of the date the trial opinion reported to the Ministry of culture, the Ministry of culture within 20 working days from the date of receipt of preliminary review opinions approved the decision to or not to grant approval, sent an Internet culture operation license; not approved, reasons shall be given.
    Tenth article modified for: non-business sex Internet culture units, should in established yihou 60 day within location province, and autonomous regions, and municipalities Government culture administrative sector record, record material including following content: (a) record report book; (ii) articles; (three) sources, and amounts and credit proved file; (four) statutory representative people or main head and the main business management personnel, and professional technicians of qualification proved and identity proved file; (five) work places right proved file;
    (Vi) other documents are needed.
    11th article is revised as follows: apply for the establishment of for-profit cultural agencies after approval, shall hold an Internet culture operation license, in accordance with the relevant provisions of the measures for the administration of Internet information services, telecommunications regulatory agencies or, where the information industry Department go through relevant procedures.
    12th amended as: Internet culture units should be indicated prominently on its Web site home page issued by the administrative departments of culture the Internet culture operation license number or filing number indicate the information industry Department, or province, autonomous regions and municipalities directly under the Telecommunications Authority issued license number or filing number.
    13th is revised as follows: for-profit cultural organization changes name, scope of business, merger or Division, should be based on the provisions of changed procedures and culture of the Internet culture operation license issued by the administrative departments of local telecommunications regulators go through the relevant formalities.
    Non-commercial Internet culture changes name, scope of business, merger or Division shall, within 60 days after the change to apply for filing procedures.
    15th article is revised as follows: for-profit cultural agencies obtained an Internet culture operation license and according to law 180 days after the date of registration is not the Internet cultural activities by the Ministry of culture and approved by the original provinces, autonomous regions and municipalities and cultural administrations to draw attention to log off the Internet culture operation license of Ministry of culture, and notify the relevant province, autonomous region, municipality directly under the telecommunications regulatory agency.
    Non-operational unit to stop Internet culture Internet cultural activities from the original filing of the province, autonomous region, municipality cultural administration cancellation record, notify the relevant provinces, autonomous regions and municipalities directly under the telecommunications regulatory agency.
    16th section is revised as follows: Internet cultural products imported by the show the Internet culture operation license issued by the Ministry of culture of the operating unit of Internet culture, and reported to the Ministry of culture for content review.
    The Ministry of culture shall review applications received within 20 working days of the date (not including the time required for expert review) to approve or disapprove the decision approved by the approval document; not approved, reasons shall be given. Imported Internet cultural products should be approved, in its prominent position indicating the approval number of the Ministry of culture, are not allowed to change the name of a program or add or delete content.
    Within one year from the date of approval was not in domestic operations, importers shall be submitted to the Ministry of culture for the record and explain the reasons and decided to terminate the import, the Ministry of culture revoked its approval number.
    Internet culture operation of domestic Internet cultural products needed for the record in accordance with the relevant provisions shall be fully operational within 60 days after the Ministry of culture for the record, and marked in its prominent position the Ministry of culture for the record number.
    22nd article is revised as follows: non-commercial Internet culture fails to go through the formalities, Administrative Department of the people's Governments above provincial level cultural rectification; refuses, to order the suspension of the Internet cultural activities and fined a maximum of 1000 Yuan. 24th article modified for: business sex Internet culture units, provides contains this provides 17th article ban content of Internet culture products, or provides without Ministry of culture approved imports of Internet culture products of, by provincial above government culture administrative sector ordered stop provides, confiscated illegal proceeds, and at 10000 Yuan above 30000 Yuan following fine; plot serious of, ordered closed reorganization until revoked network culture business license.
    Constitute a crime, criminal responsibility shall be investigated according to law. Non-commercial Internet culture, containing the article 17th prohibited content of Internet cultural products, or provided without approval of the Ministry of culture, the import of cultural products on the Internet, the people's Governments above provincial level administrative authority shall order to stop providing, fined a maximum of 1000 Yuan. Constitute a crime, criminal responsibility shall be investigated according to law.

    26th article modified for: business sex Internet culture units operation imports Internet culture products not in its significantly location marked Ministry of culture approved paper,, and unauthorized change program name or deletions program content of, operation domestic Internet culture products late not reported Ministry of culture record or not in its significantly location marked Ministry of culture record number of, by provincial above government culture administrative sector ordered deadline corrected, and at 5000 Yuan following fine.
    Units operating non-commercial Internet culture imported Internet cultural products are not marked in its prominent position the Ministry approval number, or change the name of a program or add or delete content without authorization, operating Internet cultural products made of overdue Ministry filing or not prominently indicate the record number of Ministry of culture, Administrative Department of the people's Governments above provincial level cultural rectification, and concurrently impose a fine of less than 500 Yuan.
                          This decision shall come into effect on July 1, 2004.

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