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Administrative Rules on
Importation of Audio and Video Products
(Promulgated by
Decree No.5 of the State Press and Publishing Administration on
February 1,1996)
¡¡
Article 1
The Rules are formulated in
order to enrich the cultural life of the masses of the people and
strengthen the administration on importation of Audio and Video
Products in compliance with the ¡°Regulations on Administration of
Audio and Video Products.¡±
Article
2 The Rules are applicable to
the following activities:
1)Publication of
imported audio and video products by audio and video publishing
organizations;
2)Importation of audio
and video products;
3)Importation of audio
and video products for the reference purpose of research and
education.
Artice3 The State
Press and Publishing Administration is in charge of importation of
audio and video products nationwide while the administrative
departments of the people¡¯s governments of provinces, autonomous
regions and municipalities are responsible for importation of audio
and video products in their own respective administrative
regions.
Artice4
The following conditions
must be met if an audio and video publishing organization is in the
business of publishing imported audio and video products:
1)In conformity with the
initial principal aims and business scope of the publishing
organization;
2)With outstanding
achievements in producing and publishing domestic audio and video
products;
3)With a proper team of
skilled editing technicians and distributing capability.
Article5
Organization which
applies for publishing imported audio and video products shall be
approved by the State Press and Publishing Administration after
agreed by the competent administrative departments for audio and
video products of the people¡¯s governments of provinces, autonomous
regions and municipalities directly under the Central
Government.
Article6
The contents of audio and
video products to be imported for publishing and selling must
submitted to the content examination organization for examination
and verification.
Article7
Issues concerning
copyright of audio and video products imported for publishing must
be reported to the State Copyright Administration for
registration.
Article8
Organizations engaged in
importation of audio and video products must meet the following
conditions:
1)Engaged in importation
and exportation cultural and education publications;
2)With outstanding
achievements in exporting domestic audio and video
products;
3)With proper capitals
and professionals
Article9
Organizations which apply
for importation of audio and video products shall go through the
approving procedures of Article 5 of the rules.
Article
10 In connection with
importation of audio and video products for publishing and selling,
the State Press and Publishing Administration is responsible for
macro control and adjustment on the basis of examination comments
made by the content examination organization and releasing the list
of audio and video products to be imported. The Ministry of Culture
and the Ministry of Broadcast, Film and Television will issue the
¡°Distribution License of audio and Video Products ¡°based on their
own responsibility.
The ¡°Distribution
License of Audio and Video Products ¡±issued by the Ministry of
Culture and the Ministry of broadcast, Film and Television shall be
reported to the State Press and Publishing Administration for
record. Publishing, copying and selling of imported audio and video
products are not allowed without the ¡°Distribution License of audio
products.
Article11 No
unauthorized organization or individual is allowed to import audio
and video products.
Article12 the
organizations which are authorized to import audio and video
products must formulate an annual plan of audio and video products
to be imported and report to the State Press and Publishing
Administration for record.
To host international
exhibition of audio and video products shall be submitted to the
State Press and Publishing Administration for approval after
examined and agreed by the concerned administrative departments for
audio and video products of local provinces, autonomous regions and
municipalities directly under central Government.
Article13
Organizations which apply for importation of audio and video
products for reference of research and education shall be submitted
to the State Press and Publishing Administration for approval after
examined and agreed by the administrative departments for audio and
video products of local provinces, autonomous regions and
municipalities directly under the Central Government. The rules for
approval shall be separately formulated by the State Press and
Publishing Administration.
Article14 The
audio and video products imported for reference of research and
education shall not v used for copying, wholesale, retail, rental
and commercial playing.
Article15
Organizations engaged in importation of audio and video products
shall go through the procedure of registration for examination
biennially.
Article16
Unauthorized organizations or individuals which arbitrarily imported
audio and video products shall be administratively punished by the
State Press and Publishing Administration or the administrative
departments for audio and video products above country level based
on the seriousness of the case in the following forms:
1)Warning;
2)Suspending publishing
and distributing;
3)Confiscating the
illegal earnings;
4)Imposing a fine of
5-10 times of the illegal earnings.
Article17 The
Rules shall be interpreted by the State Press and Publishing
Administration
Article18 The
Rules shall become effective from the date of promulgation. Other
provisions on audio and video products formulated before the date of
the promulgation of the rules and which are against the Rules shall
be subject to the current Rules. |