Provisions On Administration Of Audiovisual Products Published

Original Language Title: 音像制品出版管理规定

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(June 17, 2004 Department of press and publication, the 22nd release as of August 1, 2004) Chapter I General provisions article in order to strengthen the management of audio publishing, promote the healthy development of China's audio-video publishing and prosperity, according to the published regulations, the management of audio-visual products Ordinance, these rules are formulated.
    Article in the People's Republic of China territory of audio publishing activities, this provision shall be applicable.
    Audio and video products in these rules refers to the recording of the content of the tapes (AT), video tapes (VT), compact discs (CD), digital video compact disc (VCD) and high density optical disk (DVD).
    Article any organizations and individuals shall not be published containing the regulations on the administration of audio content prohibited by the second paragraph of article III of audio and video products. Article published by the press and publication administration in charge of the national video supervision and control.
    The administrative departments of local people's Governments at or above the county level shall be responsible for publishing management (hereinafter referred to as publishing administration) is responsible for the supervision and management of audio-video products published in the administrative area.
    Audio publishing unit of the competent authorities, the organizer shall, in accordance with the publication of laws, regulations and rules, publishing activities of audio-video publishing units in discharging their management responsibilities.
    Fifth State to publish audio and video products, through a licensing system without permission, no unit or individual is allowed to engage in audio publishing activities.
    Audio Publishing permits and approval documents, you may not rent, lend, sell or in any other form of transfer.
    Sixth audio publishing industry organization in accordance with its statutes, published under the guidance of the Executive Branch, and self-regulation. Second chapter published units of established seventh article established audio published units, should has following conditions: (a) has audio published units of name, and articles; (ii) has meet news published Department finds of hosted units and competent organ; (three) has determine of business range; (four) has adapted business range need of organization institutions and made national published professional technicians qualification of edit personnel, its number shall not less than 10 people,
    Audio-video publishing business for more than 2 years and has more than mid-level publishing professionals professional qualifications shall not be less than 5 people and (e) of more than 300,000 yuan registered capital; (f) meet the needs of business equipment and workplaces, its fixed place of work shall not be less than 200 square metres, (VII) other conditions stipulated by laws and administrative regulations.
    Approval to establish audio-video publishing units, except in accordance with the conditions set out in the preceding paragraph, shall conform to the national audio-video publishing units total, layout and structure of the plan.
    Article eighth to set up audio and video publishing units, by the organizers to the local provinces, autonomous regions and municipalities publish applications to the Administrative Department; the provinces, autonomous regions and municipalities and publication administration departments from the date of acceptance of the application, 20th within the audit opinion, press and publication administration together with application materials.
    Nineth article established audio published units of applications should contains Ming following matters: (a) audio published units of name, and address; (ii) audio published units of hosted units and competent organ of name, and address; (three) audio published units of statutory representative people or main head and the audio published professionals of name, and address, and qualification proved file; (four) audio published units of sources, and amounts and credit proved; (five) audio published units work places using proved file.
    Application shall be attached with the publishing unit of the Constitution and the establishment of the publishing unit of the organizers and relevant documents by the competent authorities.
    Tenth news and publication administration shall, within 60 days from the date of receipt of the application, approval or not approval decisions, and by provinces, autonomous regions and municipalities publication administration departments notify the organizers in writing; not approved, reasons shall be given. 11th sponsor of audio publishing unit shall, within 60 days from the date of receipt of the approval decision, published to the local governments of provinces, autonomous regions and municipalities directly under the Executive branch registration, receiving the publication license of audio-visual products (hereinafter referred to as publishing license).
    After registration, the audio-video publishing unit, publishing license holders to register with the Administrative Department for industry and Commerce and obtain business licenses according to law. Audio-video publishing units from 180 days after the date of registration is not to engage in publishing activities, published by the former administration to cancel the registration, and the General Administration of press and publication record.
    Due to force majeure or other valid reasons listed in the preceding paragraph, apply for an extension to the publication administration departments.
    12th audio-video publishing unit changes its name, organizers or authorities, the scope of business or merger and other audio-video publishing units, or due to a merger or Division of establishing a new audio-video publishing, should be in accordance with the provisions of article seventh to tenth go through examination and approval procedures, and original registration the registration of the Administrative Department for industry and commerce.
    13th music publishing unit, change of address, legal representative or principal responsible person, or terminate the operation of the audio-video publishing, the administrative departments for industry and commerce shall be registered to the original registration or cancellation of registration, and in the 30th to the press and publication administration for the record.
    14th audio publishing unit of the legal representative or principal responsible should have intermediate publishing professional and technical personnel more than professional qualifications, with the audio-video publishing business for more than 3 years experience, and through the press and publication administration, or provinces, autonomous regions and municipalities publication administrative departments on the job training, access to the job training certificates.
    15th audio-video publishing unit is engaged in editing, publishing, proofing and other professional and technical personnel, published professional technician must pass the national qualifying examination published achieved the required level of professional qualifications corresponding to the People's Republic of China publishing professional vocational qualification certificate of induction.
    Chapter III administration of publishing activities 16th audio-video publishing unit should not exceed the published license determines the scope of business activities engaged in the publication of audio and video products.
    17th audio-video publishing units should be in accordance with national standards and the other identifies the relevant provisions, the use of the standard coding of audio-visual products in China (hereinafter referred to as version number).
    Version numbers consist of the press and publication administration is responsible for the management and control, published by the people's Governments of provinces, autonomous regions and municipalities issued administrative departments.
    18th editorial responsibility system of audio-video publishing units to protect audio content published in a legitimate. 19th audio-video publishing unit an annual publishing plan filing system, publication plans should include the topic name, producer, creative staff, category, carrier, an executive summary, program length, planned publication date.
    Publishing plans submitted to the program for: (I) prior to December 20, this year the previous year submitted to the publications programme of the year; March 1-20th, September 1-20th of this year to submit this year's publishing plan.
    (B) the publication scheme, and adjust the plan, the local governments of provinces, autonomous regions and municipalities directly under the publication administration departments.
    (C) a province, autonomous region and municipalities publication administrative departments shall from the date of accepting an application for publication plans submitted in the 20th, to audio-video publishing units respond to comments, and submitted to the General Administration of press and publication record. 20th video publishing entities related to national security, social stability and other major development projects, according to major development projects for the record the relevant provisions of the General Administration of press and publication record.
    Without a record of major development projects, and may not be published.
    21st book publishers, newspapers, periodicals and electronic publications Publishing House, published in line with the publication of audio and video products, to the seat of provinces, autonomous regions and municipalities publication administration departments to submit applications and samples.
    22nd published in line with the version of the application for publication of audio and video products, in favor of the name of the publication, production units, creative staff, the main content, the date of publication, program length, number of copies and formats, and so on. 23rd publishing unit is located and publication administration departments of provinces, autonomous regions and municipalities, shall from the date of acceptance of the application in the 20th on their applications and samples for review.
    Approval, issued, granted Attorney for replication, and the General Administration of press and publication record; audits do not agree, it shall explain the reasons.
    24th article published in line with the approved version of the publication of audio and video products, and its name should be consistent with the publication this Edition and with the publications supporting unified sales shall not be separately priced sales. The 25th audio-video publishing units and approved publishing other publishing units that tie in with the publication of audio and video products, should be published in its clear position of audio-video products and their packaging, indicating the Publisher's name, address and audio version, time of publication, Editor, copyright owners and bar codes.
    Publication of imported audio and video products, also imports approval number shall be indicated.
    26th audio-video publishing units to any other unit or individual rent, lend, sell or in any other form of transfer of the name of the entity, to any units or individuals shall not be sold or in any other form of sale or transfer of the unit version.
    27th no unit or individual is allowed to purchase, rent, loan, unauthorized use of audio publishing unit name, or to purchase, form of audio publishing activities such as counterfeit Edition number.
    28th audio-video publishing units shall not delegate did not obtain the license production of audio-audio production.
    29th audio publishing unit, published in line with the approved publications audio publishing unit, the audio-video products from the date of publication in the 30th, respectively, to the China National Library, depository libraries and the General Administration of press and publication sent free samples.
    Fourth chapter for sale management article 30th for donation, distribution and exchange of audio and video products belonging to audio and not for sale, not pricing, shall sell or disguised sales shall not charge any fee.
    31st commissioned copy audio and not for sale, to the location of the principal or the consignee of provinces, autonomous regions and municipalities publish applications to the Administrative Department, its application should clearly state not for sale purpose, name, producer, main content, send objects, copy number, program length and carrier form, content, and samples.
    Publishing administration of provinces, autonomous regions and municipalities, shall receive the delegate copy audio and video for sale from the date of application for review in the 20th, on compliance with these provisions, and to copy a delegate units issued by the Attorney for replication of audio and video products. 32nd audio for sale number. Number four: abbreviations for provinces, autonomous regions and municipalities directly under the first paragraph, the second for "video not for sale", third year, fourth paragraph numbering.
    Audio and video for sale in its packaging and inventory (band) audio for sale number prominently shown.
    Delegate to a fifth chapter replication of management 33rd copy audio, use a Attorney for replication.
    Audio-video publishing and other delegates copied units must comply with national regulations on Attorney for replication.
    Attorney for replication of uniformly printed by the press and publication administration.
    Article 34th Attorney for replication of audio-video publishing units and other delegates copied to the local provinces, autonomous regions and municipalities and publication administration departments receive.
    35th publishing unit and other delegates copied units shall be issued in accordance with regulations or fill out a Attorney for replication and copy orders sent direct unit of replication.
    Publishing unit and the Attorney for replication of other delegates copied entity must ensure that the content is true, accurate and complete.
    Publishing unit and other commissioning copy unit shall not in any way to any unit or individual to sell or transfer Attorney for replication. 36th audio-video publishing and other delegates copied unit, shall determine by professionals Attorney for replication and use records.
    Attorney for replication using recorded content including issuing time, audio and video products and that corresponds to a specific program name, version number, Manager signature.
    Attorney for replication using the record retention period is two years.
    37th audio-video publishing and other delegates copied unit, since the videos completed replication within 30th of to the local governments of provinces, autonomous regions and municipalities directly under the publication administration departments by the unit and the Attorney for replication of the second copy's seal and audio samples.
    Article 38th version published in line with the publication of audio and video products or audio units for sale, approved within 90 days from the date of failure to publish, to the seat of provinces, autonomous regions and municipalities publication Administration Department returned to the Attorney for replication.
    39th music publishing entity publishing audio and video products, published by other publishing units in line with the publication of audio and video products, video and audio for sale shall be commissioned in accordance with the establishment of the unit of replication replication.
    Sixth chapter registrations 40th audio-video publishing units audit registration system audit registration once every two years.
    41st article application audit registration of audio published units should submitted following material: (a) audio published units audit registration form; (ii) audio published business situation report, should including: implementation published management of legal, and regulations and regulations of situation, published business situation, personnel, and places, and facilities situation; (three) two years published of audio registration form; (four) published license of copies. 42nd audio-video publishing unit in examination and registration to the seat before January 15 of the year of provinces, autonomous regions and municipalities publication Administration Department and submit the materials for application of annual audit.
    All provinces, autonomous regions and municipalities publication administrative departments to apply for registration within their respective administrative areas the music publishing unit for review, approve registrations and completed before the end of February of the same year.
    The 43rd for the music publishing unit that meets the following conditions, publishing administration of provinces, autonomous regions and municipalities shall be registered: (a) comply with the provisions of this article seventh; (b) the two years where no violation of publishing laws, rules and regulations and (iii) publication of audio and video products in two years not less than 10.
    44th article does not meet the requirements set forth in the preceding article, one of the music publishing unit, publishing administration of provinces, autonomous regions and municipalities be suspended registration. Suspension of registration for a period of 3 months.
    The provinces, autonomous regions and municipalities publication Administrative Department shall order the suspension of publishing units registered within this period carry out reorganization of provisions of articles up to the seventh condition. Suspension of registration before the expiry of the provinces, autonomous regions and municipalities publication administrative departments should review the publishing unit of suspension of registration, to meet the conditions specified in article seventh, to be registered. Does not meet the provisions of the present article seventh condition, proposed to cancel the registration State press and publication administration for approval.
    On the cancellation of registration of the publishing unit, the local provinces, autonomous regions and municipalities publishing administration surrendered its license.
    Article 45th in all provinces, autonomous regions and municipalities publication Administration approval for registration before March 20 in the General Administration of press and publication after the copy of the summary and related materials filed.
    Seventh chapter penalty 46th without approval, arbitrarily established audio publishers, audio publishing business without authorization, audio-visual products, in accordance with the regulations on the administration of the 39th penalty.
    47th publications containing 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 the 40th penalty. 48th article published audio of units has following behavior one of of, in accordance with audio Management Ordinance 42nd article punishment: (a) to other units, and personal rental, and lending, and sold or to other any form transfer this units of name, and audio published of license documents or approved file, sold or to other any form transfer this units of version, or copy Attorney of; (ii) delegate not made audio making license of units making audio,
    Or authorize the copying of non-legally established units of replication of audio and video products.
    49th article published audio of units has following behavior one of of, in accordance with audio Management Ordinance 44th article punishment: (a) not by provides will annual published plans and involved national security, and social settled, aspects of major topics reported news published Department record of; (ii) change name, and hosted units or competent organ, and address, and statutory representative people or main head, and business range,, not in accordance with this provides 12th article, and 13th article handle approval, and record procedures of;
    (C) was not published in its clear position of audio-video products and their packaging provided for in these provisions shall indicate the project's and (iv) not in accordance with the prescribed to audio samples.
    50th article has following behavior one of of, by published administrative sector ordered stop violations, give warning, and at 30,000 yuan following of fine: (a) other published units tie this version publications published audio, its name and this version publications inconsistent or separate pricing sales of; (ii) audio published units and the other delegate copy units, not according to this provides 36th article provides of content, and term retained reference material of;
    (C) delegate copies not for sale the unit sales or disguised sales for sale or not for sale fees; (iv) commissioned a copy for sale packaging and inventory units are not for sale for sale number prominently shown.
    Eighth chapter supplementary articles article 51st audio publishing license uniformly printed by the press and publication administration.
    52nd the provision on administrative licensing terms to working days, excluding holidays. 53rd these measures shall come into force on August 1, 2004.
                                                                                                                              Press and publications Administration published regulations released on February 1, 1996, the audio and video products at the same time abolish.

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